S.Amdt. 2437
What it does: Adds SECTION __. DENIAL OF CERTAIN BURIAL-RELATED BENEFITS FOR INDIVIDUALS WHO COMMITTED A CAPITAL OFFENSE wherever appropriateWhat it changes
1 change to S. 1042
Adds SECTION __. DENIAL OF CERTAIN BURIAL-RELATED BENEFITS FOR INDIVIDUALS WHO COMMITTED A CAPITAL OFFENSE wherever appropriate
Adds a sectionInserted: SECTION __. DENIAL OF CERTAIN BURIAL-RELATED BENEFITS FOR INDIVIDUALS WHO COMMITTED A CAPITAL OFFENSE.
Inserted: (a) Prohibition Against Interment in National Cemetery.--Section 2411 of title 38, United States Code, is amended--
Inserted: (1) in subsection (b)--
Inserted: (A) in paragraph (1), by striking " for which the person was sentenced to death or life imprisonment"; and
Inserted: (B) in paragraph (2), by striking " for which the person was sentenced to death or life imprisonment without parole"; and
Inserted: (2) in subsection (d)--
Inserted: (A) in paragraph (1), by striking "the death penalty or life imprisonment" and inserting "a life sentence or the death penalty"; and
Inserted: (B) in paragraph (2), by striking "the death penalty or life imprisonment without parole may be imposed" and inserting "a life sentence or the death penalty may be imposed".
Inserted: (b) Denial of Certain Burial-Related Benefits.--Section 985 of title 10, United States Code, is amended--
Inserted: (1) in subsection (a), by striking "who has been convicted of a capital offense under Federal or State law for which the person was sentenced to death or life imprisonment without parole." and inserting "described in section 2411(b) of title 38.";
Inserted: (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
Inserted: (3) by amending subsection (c) to read as follows:
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Inserted: "(c) Definition.--In this section, the term 'burial' includes inurement.".
Inserted: (c) Denial of Funeral Honors.--Section 1491(h) of title 10, United States Code, is amended--
Inserted: (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;
Inserted: (2) by striking " means a decedent who--" and inserting the following: "--
Inserted: "(1) means a decedent who--";
Inserted: (3) in subparagraph (B), as redesignated, by striking the period at the end and inserting "; and"; and
Inserted: (4) by adding at the end the following:
Inserted: "(2) does not include any person described in section 2411(b) of title 38.".
Inserted: (d) Rulemaking.--
Inserted: (1) Department of defense.--The Secretary of Defense shall prescribe regulations to ensure that a person is not interred in any military cemetery under the authority of the Secretary or provided funeral honors under section 1491 of title 10, United States Code, unless a good faith effort has been made to determine whether such person is described in section 2411(b) of title 38, United States Code, or is otherwise ineligible for such interment or honors under Federal law.
Inserted: (2) Department of veterans affairs.--The Secretary of Veterans Affairs 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 determine 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.
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Original wording
At the appropriate place, insert the following:
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As printed
SA 2437. Mr. CRAIG (for himself, Mr. Roberts, Mr. Brownback, and Ms. Mikulski) submitted an amendment intended to be proposed by him to the bill S. 1042, to authorize appropriations for fiscal year 2006 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SECTION __. DENIAL OF CERTAIN BURIAL-RELATED BENEFITS FOR INDIVIDUALS WHO COMMITTED A CAPITAL OFFENSE.
(a) Prohibition Against Interment in National Cemetery.--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 inserting “a life sentence or the death penalty”; and
(B) in paragraph (2), by striking “the death penalty or life imprisonment without parole may be imposed” and inserting “a life sentence or the death penalty may be imposed”.
(b) Denial of Certain Burial-Related Benefits.--Section 985 of title 10, United States Code, is amended--
(1) in subsection (a), by striking “who has been convicted of a capital offense under Federal or State law for which the person was sentenced to death or life imprisonment 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 amending subsection (c) to read as follows:
“(c) Definition.--In this section, the term ‘burial' includes inurement.”.
(c) Denial of Funeral Honors.--Section 1491(h) of title 10, United States Code, is amended--
(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;
(2) by striking “ means a decedent who--” and inserting the following: “--
“(1) means a decedent who--”;
(3) in subparagraph (B), as redesignated, by striking the period at the end and inserting “; and”; and
(4) by adding at the end the following:
“(2) does not include any person described in section 2411(b) of title 38.”.
(d) Rulemaking.--
(1) Department of defense.--The Secretary of Defense shall prescribe regulations to ensure that a person is not interred in any military cemetery under the authority of the Secretary or provided funeral honors under section 1491 of title 10, United States Code, unless a good faith effort has been made to determine whether such person is described in section 2411(b) of title 38, United States Code, or is otherwise ineligible for such interment or honors under Federal law.
(2) Department of veterans affairs.--The Secretary of Veterans Affairs 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 determine 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.
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Senate amendment submitted
November 7, 2005