[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4352 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4352

     To amend titles 10 and 38, United States Code, to modify the 
circumstances under which a person who has committed a capital offense 
 is denied certain burial-related benefits and funeral honors, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 16, 2005

Mr. Miller of Florida introduced the following bill; which was referred 
to the Committee on Veterans' Affairs, and in addition to the Committee 
 on Armed Services, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
     To amend titles 10 and 38, United States Code, to modify the 
circumstances under which a person who has committed a capital offense 
 is denied certain burial-related benefits and funeral honors, 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. MODIFICATION OF CIRCUMSTANCES UNDER WHICH PERSONS CONVICTED 
              OF COMMITTING CAPITAL OFFENSES MAY BE INTERRED IN 
              NATIONAL CEMETERIES.

    (a) Prohibition of Interment in National Cemetery.--Section 2411 of 
title 38, United States Code, is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), by striking ``for which the 
                person was sentenced to death or life imprisonment''; 
                and
                    (B) in paragraph (2), by striking ``for which the 
                person was sentenced to death or life imprisonment 
                without parole''; and
            (2) in subsection (d)--
                    (A) in paragraph (1), by striking ``the death 
                penalty or life imprisonment'' and inserting ``a life 
                sentence or the death penalty''; and
                    (B) in paragraph (2), by striking ``the death 
                penalty or life imprisonment without parole may be 
                imposed'' and inserting ``a life sentence or the death 
                penalty may be imposed''.
    (b) Rulemaking.--The Secretary of Veterans Affairs shall prescribe 
regulations to ensure that a person is not interred in any cemetery in 
the National Cemetery System unless a good faith effort has been made 
to determine whether such person is described in section 2411(b) of 
title 38, United States Code, or is otherwise ineligible for such 
interment under Federal law.

SEC. 2. MODIFICATION OF CIRCUMSTANCES UNDER WHICH PERSONS COMMITTING 
              CAPITAL OFFENSES ARE DENIED INTERMENT IN MILITARY 
              CEMETERIES AND FUNERAL HONORS.

    (a) Prohibition of Interment in Military Cemetery.--Section 985 of 
title 10, United States Code, is amended--
            (1) in subsection (a), by striking ``who has been convicted 
        '' and all that follows through ``without parole'' and 
        inserting ``described in section 2411(b) of title 38'';
            (2) in subsection (b), by striking ``convicted of a capital 
        offense under Federal law'' and inserting ``described in 
        section 2411(b) of title 38''; and
            (3) by striking subsection (c) and inserting the following:
    ``(c) Definition.--In this section, the term `burial' includes 
inurnment.''.
    (b) Denial of Funeral Honors.--Section 1491(h) of title 10, United 
States Code, is amended--
            (1) by redesignating subsection (h) as subsection (i); and
            (2) by inserting after subsection (g) the following new 
        subsection (h):
    ``(h) Exception for Veterans Convicted of Committing Capital 
Crimes.--In accordance with section 985(a) of this title, the Secretary 
of Defense shall not ensure that funeral honors are provided under this 
section for a person described in section 2411(b) of title 38.''.
    (c) Rulemaking.--The Secretary of Defense shall prescribe 
regulations to ensure that a person is not interred in a cemetery 
referred to in paragraph (1), (2), or (3) of section 985(b) of title 
10, United States Code, or provided funeral honors under section 1491 
of such title unless a good faith effort has been made to determine 
whether such person is a person described in section 2411(b) of title 
38, United States Code, or is otherwise ineligible for such interment 
or honors under Federal law.

SEC. 3. REMOVAL OF REMAINS OF RUSSELL WAYNE WAGNER FROM ARLINGTON 
              NATIONAL CEMETERY.

    (a) Findings.--Congress finds the following:
            (1) Arlington National Cemetery is a national shrine that 
        memorializes the honorable service of members of the Armed 
        Forces who have defended the freedoms that all Americans enjoy.
            (2) The inclusion among the honored dead interred at 
        Arlington National Cemetery of persons who have committed 
        particularly notorious, heinous acts brings dishonor to those 
        honored dead and disrespect to their loved ones.
            (3) The removal from Arlington National Cemetery of the 
        remains of a person who has committed a heinous act would not 
        be an act of punishment against that person, but rather an act 
        that would preserve the sacredness of the cemetery grounds.
    (b) Removal of Remains.--
            (1) Removal.--The Secretary of the Army shall remove the 
        remains of Russell Wayne Wagner from Arlington National 
        Cemetery.
            (2) Notification of next-of-kin.--On or before the date on 
        which the remains of Russell Wayne Wagner are removed, the 
        Secretary of the Army shall notify the next-of-kin of record 
        for Russell Wayne Wagner of the removal of his remains
            (3) Reinternment.--Upon the removal of the remains of 
        Russell Wayne Wagner, the Secretary of the Army shall arrange 
        for the internment or inurnment of those remains in a public or 
        private cemetery or, if requested, relinquish the remains to 
        the next-of-kin of record.
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