[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 923 Enrolled Bill (ENR)]

        S.923

                       One Hundred Fifth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
 the seventh day of January, one thousand nine hundred and ninety-seven


                                 An Act


 
    To amend title 38, United States Code, to prohibit interment or 
 memorialization in certain cemeteries of persons committing Federal or 
                          State 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 INTERMENT OR MEMORIALIZATION IN 
              CERTAIN CEMETERIES OF PERSONS COMMITTING FEDERAL CAPITAL 
              CRIMES.

    (a) Prohibition Against Interment or Memorialization in Certain 
Federal Cemeteries.--Chapter 24 of title 38, United States Code, is 
amended by adding at the end the following new section:

``Sec. 2411. Prohibition against interment or memorialization in the 
            National Cemetery System or Arlington National Cemetery of 
            persons committing Federal or State capital crimes

    ``(a)(1) In the case of a person described in subsection (b), the 
appropriate Federal official may not--
        ``(A) inter the remains of such person in a cemetery in the 
    National Cemetery System or in Arlington National Cemetery; or
        ``(B) honor the memory of such person in a memorial area in a 
    cemetery in the National Cemetery System (described in section 
    2403(a) of this title) or in such an area in Arlington National 
    Cemetery (described in section 2409(a) of this title).
    ``(2) The prohibition under paragraph (1) shall not apply unless 
written notice of a conviction or finding under subsection (b) is 
received by the appropriate Federal official before such official 
approves an application for the interment or memorialization of such 
person. Such written notice shall be furnished to such official by the 
Attorney General, in the case of a Federal capital crime, or by an 
appropriate State official, in the case of a State capital crime.
    ``(b) A person referred to in subsection (a) is any of the 
following:
        ``(1) A person who has been convicted of a Federal capital 
    crime for which the person was sentenced to death or life 
    imprisonment.
        ``(2) A person who has been convicted of a State capital crime 
    for which the person was sentenced to death or life imprisonment 
    without parole.
        ``(3) A person who--
            ``(A) is found (as provided in subsection (c)) to have 
        committed a Federal capital crime or a State capital crime, but
            ``(B) has not been convicted of such crime by reason of 
        such person not being available for trial due to death or 
        flight to avoid prosecution.
    ``(c) A finding under subsection (b)(3) shall be made by the 
appropriate Federal official. Any such finding may only be made based 
upon a showing of clear and convincing evidence, after an opportunity 
for a hearing in a manner prescribed by the appropriate Federal 
official.
    ``(d) For purposes of this section:
        ``(1) The term `Federal capital crime' means an offense under 
    Federal law for which the death penalty or life imprisonment may be 
    imposed.
        ``(2) The term `State capital crime' means, under State law, 
    the willful, deliberate, or premeditated unlawful killing of 
    another human being for which the death penalty or life 
    imprisonment without parole may be imposed.
        ``(3) The term `appropriate Federal official' means--
            ``(A) the Secretary, in the case of the National Cemetery 
        System; and
            ``(B) the Secretary of the Army, in the case of Arlington 
        National Cemetery.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 24 of such title is amended by adding at the end the following 
new item:
``2411. Prohibition against interment or memorialization in the National 
          Cemetery System or Arlington National Cemetery of persons 
          committing Federal or State capital crimes.''.

    (c) Effective Date.--Section 2411 of title 38, United States Code, 
as added by subsection (a), shall apply with respect to applications 
for interment or memorialization made on or after the date of the 
enactment of this Act.

SEC. 2. CONDITION ON GRANTS TO STATE-OWNED VETERAN CEMETERIES.

    Section 2408 of title 38, United States Code, is amended--
        (1) by redesignating subsection (d) as subsection (e); and
        (2) by inserting after subsection (c) the following new 
    subsection:
    ``(d)(1) In addition to the conditions specified in subsections (b) 
and (c), any grant made on or after the date of the enactment of this 
subsection to a State under this section to assist such State in 
establishing, expanding, or improving a veterans' cemetery shall be 
made on the condition described in paragraph (2).
    ``(2) For purposes of paragraph (1), the condition described in 
this paragraph is that, after the date of the receipt of the grant, 
such State prohibit the interment or memorialization in that cemetery 
of a person described in section 2411(b) of this title, subject to the 
receipt of notice described in subsection (a)(2) of such section, 
except that for purposes of this subsection--
        ``(A) such notice shall be furnished to an appropriate official 
    of such State; and
        ``(B) a finding described in subsection (b)(3) of such section 
    shall be made by an appropriate official of such State.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.