Burial Equity for Guards and Reserves Act of 2021
Bill: H.R.3944 | Sponsor: Rep. Pappas, Chris (D-NH)
Policy area: Armed Forces and National Security

Summary:
Burial Equity for Guards and Reserves Act of 2021
This bill prohibits the Department of Veterans Affairs (VA) from establishing a condition for a cemetery grant that restricts the ability of a state to inter certain reservists (or their spouses and children) at a state-owned veterans' cemetery solely because such individuals are ineligible for burial in an open national cemetery.
Specifically, as a condition for grants, the VA cannot restrict the ability of a state to inter a
The VA is prohibited from (1) denying an application for a grant solely on the basis that the recipient state may use funds to expand, improve, operate, or maintain a veterans' cemetery to allow for the internment of the specified individuals; and (2) enforcing certain conditions on grants for state veterans' cemeteries that were established before the date of enactment of this bill.
The bill also provides for plot allowances for the individuals listed in the 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 of 2021''.

SEC. 2. PROHIBITIONS ON RESTRICTING INTERMENT OF CERTAIN INDIVIDUALS IN 
              CERTAIN STATE VETERANS' CEMETERIES.

    (a) Grants.--Section 2408 of title 38, United States Code, as 
amended by the Johnny Isakson and David P. Roe, M.D. Veterans Health 
Care and Benefits Improvement Act of 2020 (Public Law 116-315), is 
further amended--
            (1) in subsection (d)(2), by striking ``The Secretary may'' 
        and inserting ``Except as provided in subsection (i), the 
        Secretary may''; and
            (2) by adding at the end the following new subsections:
    ``(i)(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).
            ``(E) Any minor child or unmarried adult child (as such 
        terms are defined in section 2402(a)) of any member described 
        in subparagraphs (A) through (C).
    ``(j) 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 (i)(2).''.
    (b) 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 (i)(1) of 
section 2408 of title 38, United States Code, as added by subsection 
(a), that was established before the date of the enactment of this Act.
    (c) Plot Allowances.--Section 2303(b)(1) of title 38, United States 
Code, is amended--
            (1) by striking ``and (ii) members'' and inserting ``(ii) 
        members''; and
            (2) by striking ``other than dishonorable, and'' and 
        inserting ``other than dishonorable, or (iii) described in 
        section 2408(i)(2) of this title''.
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