Bill Summary
This legislation, called the "Burial Equity for Guards and Reserves Act," aims to amend title 38 of the United States Code in order to ensure that grants provided by the Secretary of Veterans Affairs for State veterans' cemeteries do not restrict States from authorizing the interment of certain deceased members of the reserve components of the Armed Forces in such cemeteries. This means that the Secretary of Veterans Affairs cannot impose conditions on the grants that would prevent these individuals from being buried in state veterans' cemeteries. The Act also prohibits any restrictions on the use of grant funds to expand, improve, operate, or maintain these cemeteries to allow for the burial of these individuals. This legislation also prohibits the Secretary of Veterans Affairs from enforcing any conditions on these grants that were established before the enactment of this Act. Overall, the "Burial Equity for Guards and Reserves Act" ensures that these individuals and their families are able to be buried in State veterans' cemeteries and that grant funds can be used for this purpose.
Possible Impacts
1. Increased access to burial benefits for certain members of the reserve components of the Armed Forces and their spouses could affect individuals by providing them with a meaningful way to honor their service and sacrifices.
2. The elimination of restrictions on interment in state veterans' cemeteries for certain individuals could also impact their loved ones, who may have previously been unable to have them buried in a place of significance and remembrance.
3. The expansion, improvement, and maintenance of veterans' cemeteries to accommodate the interment of individuals described in the legislation could also have a positive impact on local communities, as these cemeteries could become a source of pride and recognition for the sacrifices of these service members.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4250 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 4250
To amend title 38, United States Code, to ensure that grants provided
by the Secretary of Veterans Affairs for State veterans' cemeteries do
not restrict States from authorizing the interment of certain deceased
members of the reserve components of the Armed Forces in such
cemeteries, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 21, 2020
Mrs. Shaheen (for herself and Ms. Hassan) introduced the following
bill; which was read twice and referred to the Committee on Veterans'
Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to ensure that grants provided
by the Secretary of Veterans Affairs for State veterans' cemeteries do
not restrict States from authorizing the interment of certain deceased
members of the reserve components of the Armed Forces in such
cemeteries, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Burial Equity for Guards and
Reserves Act''.
SEC. 2. PROHIBITIONS ON RESTRICTING INTERMENT OF CERTAIN INDIVIDUALS IN
CERTAIN STATE VETERANS' CEMETERIES.
Section 2408 of title 38, United States Code, is amended--
(1) in subsection (c)(2), by striking ``The Secretary may''
and inserting ``Except as provided in subsection (e), the
Secretary may'';
(2) by redesignating subsections (e) and (f) as subsections
(g) and (h), respectively; and
(3) by inserting after subsection (d) the following new
subsections:
``(e)(1) The Secretary may not establish a condition for a grant
under this section that restricts the ability of a State receiving such
a grant to inter in a veterans' cemetery owned by that State any
individual described in paragraph (2) solely by reason of the
ineligibility of such individual for burial in an open national
cemetery under the control of the National Cemetery Administration
under section 2402(a) of this title.
``(2) An individual described in this paragraph is the following:
``(A) Any member of a reserve component of the Armed Forces
whose service was terminated under honorable conditions.
``(B) Any member of the Army National Guard or the Air
National Guard whose service was terminated under honorable
conditions.
``(C) Any member of the Reserve Officers' Training Corps of
the Army, Navy, or Air Force whose death occurs under honorable
conditions while a member of the Reserve Officers' Training
Corps of the Army, Navy, or Air Force.
``(D) Any spouse of any member described in subparagraphs
(A) through (C).
``(f) The Secretary may not deny an application for a grant under
this section solely on the basis that the State receiving such grant
may use funds from such grant to expand, improve, operate, or maintain
a veterans' cemetery to allow for the interment of individuals
described in subsection (e)(2).''.
SEC. 3. PROHIBITION ON ENFORCING CERTAIN CONDITIONS ON GRANTS FOR STATE
VETERANS' CEMETERIES.
The Secretary of Veterans Affairs may not enforce a condition on a
grant described in subsection (e)(1) of section 2408 of title 38,
United States Code, as added by section 2(3), that was established
before the date of the enactment of this Act.
<all>