[105th Congress Public Law 116]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ116.105]
[[Page 111 STAT. 2381]]
Public Law 105-116
105th Congress
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. <<NOTE: Nov. 21, 1997 - [S. 923]>>
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--
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``(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) <<NOTE: 38 USC 2411 note.>> 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--
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``(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.''.
Approved November 21, 1997.
LEGISLATIVE HISTORY--S. 923:
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HOUSE REPORTS: No. 105-319 (Comm. on Veterans' Affairs).
CONGRESSIONAL RECORD, Vol. 143 (1997):
June 18, considered and passed Senate.
Oct. 31, considered and passed House, amended.
Nov. 10, Senate concurred in House amendments.
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