[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 923 Reported in House (RH)]





                                                 Union Calendar No. 183

105th CONGRESS

  1st Session

                                 S. 923

                          [Report No. 105-319]

_______________________________________________________________________

                                 AN ACT

   To deny veterans benefits to persons convicted of Federal capital 
                               offenses.

_______________________________________________________________________

                            October 9, 1997

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed





                                                 Union Calendar No. 183
105th CONGRESS
  1st Session
                                 S. 923

                          [Report No. 105-319]


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 19, 1997

             Referred to the Committee on Veterans' Affairs

                            October 9, 1997

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 AN ACT


 
   To deny veterans benefits to persons convicted of Federal capital 
                               offenses.

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

<DELETED>SECTION 1. DENIAL OF VETERANS BENEFITS.</DELETED>

<DELETED>    Notwithstanding any other provision of law, a person who 
is convicted of a Federal capital offense is ineligible for benefits 
provided to veterans of the Armed Forces of the United States pursuant 
to title 38, United States Code.</DELETED>

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 capital crimes
    ``(a) The remains of a person described in subsection (c) may not 
be interred in a cemetery in the National Cemetery System or in 
Arlington National Cemetery.
    ``(b) The memory of a person described in subsection (c) may not be 
honored 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).
    ``(c) A person referred to in subsections (a) and (b) 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--
                    ``(A) is found (as provided in subsection (d)) to 
                have committed a Federal capital crime, but
                    ``(B) has not been convicted of such crime by 
                reason of such person not being available for trial due 
                to death, flight to avoid prosecution, or determination 
                of insanity.
    ``(d) A finding under subsection (c)(2) shall be made by the 
Secretary, in the case of a cemetery in the National Cemetery System, 
or by the Secretary of the Army, in the case of Arlington National 
Cemetery. 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 Secretary or the Secretary of the Army, as the 
case may be.
    ``(e) For purposes of this section, the term `Federal capital 
crime' means an offense under Federal law for which the death penalty 
may be imposed.''.
    (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 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(c) of this title (except that a 
finding described in paragraph (2)(A) of such section shall be made for 
purposes of this subsection by an appropriate official of such 
State).''.
            Amend the title so as to read: ``An Act to amend title 38, 
        United States Code, to prohibit interment or memorialization in 
        certain cemeteries of persons committing Federal capital 
        crimes.''.

            Passed the Senate June 18 (legislative day, June 17), 1997.

            Attest:

                                                    GARY SISCO,

                                                             Secretary.