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Version 55 · Passed Senate · Mar 7, 2022
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
Showing the opening paragraphs of the official summary.
member of a reserve component, the Army National Guard, or the Air National Guard who, while a member, was discharged or released from service under conditions other than dishonorable or whose death occurred under conditions other than dishonorable;
member of the Reserve Officers' Training Corps of the Army, Navy, or Air Force whose death occurred under conditions other than dishonorable while a member; and
spouse, minor child, or unmarried adult child of any member described above.
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 in which interment of the specified individuals is allowed; 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 burial of veterans at cemeteries that allow the internment of individuals listed in the bill, including on trust land owned by or held in trust for a tribal organization.
People & committees
Sen. Shaheen, Jeanne [D-NH] · D–NH
Legislative record
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Became Public Law No: 117-158.
Became Public Law No: 117-158.
Signed by President.
Signed by President.
Presented to President.
Presented to President.
Motion to reconsider laid on the table Agreed to without objection.
On motion that the House agree to the Senate amendment to the House amendment Agreed to by voice vote. (text: CR H5892-5893)
Resolving differences -- House actions: On motion that the House agree to the Senate amendment to the House amendment Agreed to by voice vote.
The previous question was ordered pursuant to the rule.
DEBATE - Pursuant to the provisions of H.Res. 1204, the House proceeded with 10 minutes of debate on the Scott (VA) motion that the House agree to the Senate amendment to the House amendment to S. 2089.
Mr. Scott (VA) moved that the House agree to the Senate amendment to the House amendment. (consideration: CR H5892-5895)
Message on Senate action sent to the House.
Senate agreed to the House amendment to the title by Unanimous Consent. (consideration: CR S3137)
Resolving differences -- Senate actions: Senate agreed to the House amendment to the title by Unanimous Consent.
Senate concurred in the House amendment to S.2089 with an amendment (SA 5133) by Unanimous Consent.
Resolving differences -- Senate actions: Senate concurred in the House amendment to S.2089 with an amendment (SA 5133) by Unanimous Consent.
Measure laid before Senate by unanimous consent. (consideration: CR S3137)
Message on House action received in Senate and at desk: House amendments to Senate bill.
The title of the measure was amended. Agreed to without objection.
Motion to reconsider laid on the table Agreed to without objection.
On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 376 - 42 (Roll no. 290). (text: CR H5837)
House roll call 290 · Individual votesPassed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 376 - 42 (Roll no. 290).
House roll call 290 · Individual votesConsidered as unfinished business. (consideration: CR H5853-5854)
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
DEBATE - The House proceeded with forty minutes of debate on S. 2089.
Considered under suspension of the rules. (consideration: CR H5837-5840)
Mr. Scott (VA) moved to suspend the rules and pass the bill, as amended.
Held at the desk.
Received in the House.
Message on Senate action sent to the House.
Passed Senate with an amendment by Unanimous Consent. (consideration: CR S1013; text of amendment in the nature of a substitute: CR S1013)
Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(consideration: CR S1013; text of amendment in the nature of a substitute: CR S1013)
Placed on Senate Legislative Calendar under General Orders. Calendar No. 288.
Committee on Veterans' Affairs. Reported by Senator Tester with an amendment in the nature of a substitute. Without written report.
Committee on Veterans' Affairs. Reported by Senator Tester with an amendment in the nature of a substitute. Without written report.
Committee on Veterans' Affairs. Ordered to be reported without amendment favorably.
Committee on Veterans' Affairs. Hearings held. Hearings printed: S.Hrg. 117-544.
Read twice and referred to the Committee on Veterans' Affairs.
Introduced in Senate
Primary sources
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Source last updated: May 29, 2026. Consult Congress.gov for the current record.
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Analyze S.2089 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.
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