[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2040 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2040

 To amend title 38, United States Code, to deny burial in a federally 
    funded cemetery to persons convicted of certain capital crimes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 25, 1997

    Mr. Stump (for himself, Mr. Evans, Mr. Skelton, Mr. Bachus, Mr. 
     Everett, Mr. Filner, Mr. Quinn, Mr. Clyburn, and Mr. Stearns) 
 introduced the following bill; which was referred to the Committee on 
                           Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend title 38, United States Code, to deny burial in a federally 
    funded cemetery to persons convicted of certain capital crimes.

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

SECTION 1. DENIAL OF ELIGIBILITY FOR BURIAL IN FEDERALLY FUNDED 
              CEMETERIES TO PERSONS CONVICTED OF CERTAIN CAPITAL 
              CRIMES.

    (a) Burial in Federally Funded Cemeteries.--Section 2402 of title 
38, United States Code, is amended--
            (1) by inserting ``(a)'' before ``Under''; and
            (2) by adding at the end the following new subsection:
    ``(b)(1) The remains of a person described in paragraph (2) of this 
subsection shall not be buried or interred in a federally funded 
cemetery.
    ``(2) A person referred to in paragraph (1) is--
            ``(A) a person who has been convicted of a crime under--
                    ``(i) section 1114 of title 18, and
                    ``(ii) section 844(f), 2332a, 2332b, 2332c, 2339A, 
                or 2339B of such title,
        for which the person was sentenced to death or life 
        imprisonment without parole, or
            ``(B) a person shown to the appropriate Secretary by clear 
        and convincing evidence, after an opportunity for a hearing in 
        such manner as such Secretary may prescribe, to have committed 
        a crime described in both clauses (i) and (ii) of subparagraph 
        (A) but who has not been convicted of such crimes by reason of 
        such person not being available for trial due to death, flight 
        to avoid prosecution, or determination of insanity.
    ``(3) For purposes of paragraph (1), the term `federally funded 
cemetery' means a cemetery of the National Cemetery System, Arlington 
National Cemetery, or any State cemetery for which a grant has been 
approved or provided under section 2408 of this title (or any 
predecessor to such section).''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply with respect to applications for burial or interment made on or 
after the date of the enactment of this Act.
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