I 
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 com-
mitted 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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. MODIFICATION OF CIRCUMSTANCES UNDER 
WHICH PERSONS CONVICTED OF COMMIT-
TING CAPITAL OFFENSES MAY BE INTERRED 
IN NATIONAL CEMETERIES. 
(a) PROHIBITION OF INTERMENT IN NATIONAL CEM-
ETERY.—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 insert-
ing ‘‘a life sentence or the death penalty’’; and 
(B) in paragraph (2), by striking ‘‘the 
death penalty or life imprisonment without pa-
role may be imposed’’ and inserting ‘‘a life sen-
tence or the death penalty may be imposed’’. 
(b) RULEMAKING.—The Secretary of Veterans Af-
fairs 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 deter-
mine 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 CEME-
TERIES AND FUNERAL HONORS. 
(a) PROHIBITION OF INTERMENT IN MILITARY CEM-
ETERY.—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 sub-
section (i); and
(2) by inserting after subsection (g) the fol-
lowing new subsection (h): 
‘‘(h) EXCEPTION
FOR VETERANS CONVICTED
OF 
COMMITTING CAPITAL CRIMES.—In accordance with sec-
tion 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 in-
terred 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 WAG-
NER FROM ARLINGTON NATIONAL CEME-
TERY. 
(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 in-
terred at Arlington National Cemetery of persons 
who have committed particularly notorious, heinous 
acts brings dishonor to those honored dead and dis-
respect to their loved ones. 
(3) The removal from Arlington National Ceme-
tery 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 Rus-
sell 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. 
Æ