[Congressional Record Volume 143, Number 84 (Tuesday, June 17, 1997)]
[Senate]
[Page S5792]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. TORRICELLI (for himself and Mrs. Feinstein):
  S. 917. A bill to amend section 6105 of title 38, United States Code, 
to expand the range of criminal offenses resulting in forfeiture of 
veterans benefits; to the Committee on Veterans Affairs.


                  THE NATIONAL CEMETERIES SANCTITY ACT

  Mr. TORRICELLI. Mr. President, I rise today, on behalf of myself and 
the distinguished ranking member of the Terrorism Subcommittee Senator 
Feinstein, to introduce the Protection of the Sanctity of National 
Cemeteries Act.
  In so doing, I urge my colleagues to join me in my effort to close a 
huge loophole in our laws, which will allow Timothy McVeigh a hero's 
burial in a national cemetery--even after the Federal Government puts 
him to death for his heinous act of terrorism.
  Mr. President, current law lists a whole host of criminal acts by 
which even an honorably discharged veteran loses the right to burial in 
a national cemetery. These acts include espionage, treason, sedition, 
sabotage, rebellion and disclosure of national secrets, among other 
offenses.
  But for some reason, the use of a weapon of mass destruction against 
the property or persons of the U.S. Government is not included in this 
list. Nor is the murder of Federal law enforcement officers or the rest 
of the offenses already included in the definition of a Federal crime 
of terrorism. Each of these offenses is as clear a threat to the 
National Security of the United States as the crimes already listed, 
and should clearly disqualify the perpetrator from an honorable burial 
at Government expense.
  Because of this gaping loophole in the law, Timothy McVeigh--
amazingly--remains entitled to burial next to true national heroes--men 
and women who have fought and died to defend this country and 
everything it stands for. He remains entitled to this hero's burial 
despite having committed the worst act of terrorism ever perpetrated on 
American soil.
  This situation is unacceptable. It is an insult to the memories of 
the 168 victims killed in the Oklahoma City blast. It is an insult to 
the memories of the truly courageous men and women who have earned and 
maintained the right to a hero's burial by the Federal Government. And 
it is an insult to justice, plain and simple.
  Today, I am introducing a bill to close this loophole once and for 
all. My bill would amend current law to include every crime listed as a 
Federal crime of terrorism, including McVeigh's crimes, in the list of 
disqualifiers for military burial. We should not provide honorable 
burials for persons who commit acts of terrorism against the U.S. 
Government. I urge my colleagues to support this bill, I ask unanimous-
consent that the full text of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 917

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Cemeteries Sanctity 
     Act''.

     SEC. 2. EXPANSION OF CRIMINAL OFFENSES RESULTING IN 
                   FORFEITURE OF VETERANS BENEFITS.

       (a) In General.--Section 6105 of title 38, United States 
     code, is amended--
       (1) in subsection (b)--
       (A) in paragraph (2)--
       (i) by inserting ``32, 37, 81, 175,'' before ``792,''; and
       (ii) by inserting ``831, 842(m), 842(n), 844(e), 844(f), 
     844(i), 930(c), 956, 1114, 1116, 1203, 1361, 1363, 1366, 
     1751, 1992, 2152, 2280, 2281, 2332, 2332a, 2332b, 2332c, 
     2339A, 2339B, 2340A,'' after ``798,'';
       (B) in paragraph (3)--
       (i) by striking out ``and 226'' and inserting in lieu 
     thereof ``226, and 236'';
       (ii) by striking out ``and 2276'' and inserting in lieu 
     thereof ``2276, and 2284''; and
       (iii) by striking out ``and'' at the end;
       (C) by redesignating paragraph (4) as paragraph (5); and
       (D) by inserting after paragraph (3) the following new 
     paragraph (4):
       ``(4) sections 46502 and 60123(b) of title 49; and''; and
       (2) in the second sentence of subsection (c), by striking 
     out ``or (4)'' and inserting in lieu thereof ``(4), or (5)''.
       (b) conforming Amendments.--(1) The section heading for 
     such section is amended to read as follows:

     ``Sec. 6105. Forfeiture: subversive activities; terrorist 
       activities; other criminal activities''.

       (2) The table of sections at the beginning of chapter 61 of 
     that title is amended by striking out the item relating to 
     section 6105 and inserting in lieu thereof the following new 
     item:

``6105. Forfeiture: subversive activities; terrorist activities; other 
              criminal activities.''.

       (c) Applicability.--The amendments made to section 6105 of 
     title 38, United States Code, by subsection (a) shall apply 
     to any person convicted under a provision of law added to 
     such section by such amendments after December 31, 1996.
                                 ______