Page:United States Statutes at Large Volume 111 Part 3.djvu/293

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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 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—