Text: S.923 — 105th Congress (1997-1998)All Information (Except Text)

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Public Law No: 105-116 (11/21/1997)

 
[105th Congress Public Law 116]
[From the U.S. Government Printing Office]


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[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--

[[Page 111 STAT. 2382]]

                    ``(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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