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.
PL 105-116 (S.923), enacted 11/21/1997

PUBLIC LAW 105-116—NOV. 21, 1997 
111 STAT. 2381 
Public Law 105-116 
105th Congress 
An Act 
To amend title 38, United States Code, to prohibit interment or memorialization 
Nov. 21, 1997 
in certain cemeteries of persons committing Federal or State capital crimes. 
[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 MEMORI-
ALIZATION 
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: 
"§2411. Prohibition against interment or memorialization 
in the National Cemetery System or Arlington 
National Cemetery of persons committing Fed-
eral 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 Ceme-
tery; 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— 
I l l STAT. 2382 
PUBLIC LAW 105-116—NOV. 21, 1997 
"(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 imprison-
ment 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 begin-
ning 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.". 
38 use 2411 
(c) EFFECTIVE DATE.—Section 2411 of title 38, United States 
note. 
Code, as added by subsection (a), shall apply with respect to applica-
tions 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 CEME-
TERIES. 
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 sub-
section: 
"(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— 
PUBLIC LAW 105-116—NOV. 21, 1997 
111 STAT. 2383 
"(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: 
HOUSE REPORTS: No. 105-319 (Coram, 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.