II 109th CONGRESS 1st Session S. 1813 IN THE SENATE OF THE UNITED STATES October 3, 2005 Mr. Craig (for himself, Mr. Roberts, and Mr. Brownback) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend titles 10 and 38 of the 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.

1.

Prohibition against 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.

2.

Denial of certain burial-related benefits

Section 985 of title 10, United States Code, is amended— (1)in subsection (a), by striking who has been convicted of a capital offense under Federal or State law for which the person was sentenced to death or life imprisonment 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 amending subsection (c) to read as follows: (c)

Definition

In this section, the term burial includes inurnment. .

3.

Denial of funeral honors

Section 1491(h) of title 10, United States Code, is amended— (1)by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; (2)by striking means a decedent who— and inserting the following: “— (1)means a decedent who— ; (3)in subparagraph (B), as redesignated, by striking the period at the end and inserting ; and; and (4)by adding at the end the following: (2)does not include any person described in section 2411(b) of title 38. .

4.

Rulemaking

(a)

Department of defense

The Secretary of Defense shall prescribe regulations to ensure that a person is not interred in any military cemetery under the authority of the Secretary or provided funeral honors under section 1491 of title 10, United States Code, 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 or honors under Federal law. (b)

Department of veterans affairs

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.