II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Burial Equity for 

5 Guards and Reserves Act’’. 


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2 

•S 4250 IS

1 SEC. 2. PROHIBITIONS ON RESTRICTING INTERMENT OF 

2 CERTAIN INDIVIDUALS IN CERTAIN STATE 

3 VETERANS’ CEMETERIES. 

4 Section 2408 of title 38, United States Code, is 

5 amended— 

6 (1) in subsection (c)(2), by striking ‘‘The Sec7 retary may’’ and inserting ‘‘Except as provided in 

8 subsection (e), the Secretary may’’; 

9 (2) by redesignating subsections (e) and (f) as 

10 subsections (g) and (h), respectively; and 

11 (3) by inserting after subsection (d) the fol12 lowing new subsections: 

13 ‘‘(e)(1) The Secretary may not establish a condition 

14 for a grant under this section that restricts the ability of 

15 a State receiving such a grant to inter in a veterans’ ceme16 tery owned by that State any individual described in para17 graph (2) solely by reason of the ineligibility of such indi18 vidual for burial in an open national cemetery under the 

19 control of the National Cemetery Administration under 

20 section 2402(a) of this title. 

21 ‘‘(2) An individual described in this paragraph is the 

22 following: 

23 ‘‘(A) Any member of a reserve component of 

24 the Armed Forces whose service was terminated 

25 under honorable conditions. 


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•S 4250 IS

1 ‘‘(B) Any member of the Army National Guard 

2 or the Air National Guard whose service was termi3 nated under honorable conditions. 

4 ‘‘(C) Any member of the Reserve Officers’ 

5 Training Corps of the Army, Navy, or Air Force 

6 whose death occurs under honorable conditions while 

7 a member of the Reserve Officers’ Training Corps of 

8 the Army, Navy, or Air Force. 

9 ‘‘(D) Any spouse of any member described in 

10 subparagraphs (A) through (C). 

11 ‘‘(f) The Secretary may not deny an application for 

12 a grant under this section solely on the basis that the 

13 State receiving such grant may use funds from such grant 

14 to expand, improve, operate, or maintain a veterans’ ceme15 tery to allow for the interment of individuals described in 

16 subsection (e)(2).’’. 

17 SEC. 3. PROHIBITION ON ENFORCING CERTAIN CONDI18 TIONS ON GRANTS FOR STATE VETERANS’ 

19 CEMETERIES. 

20 The Secretary of Veterans Affairs may not enforce 

21 a condition on a grant described in subsection (e)(1) of 

22 section 2408 of title 38, United States Code, as added by 

23 section 2(3), that was established before the date of the 

24 enactment of this Act. 

Æ 


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