To amend titles 10 and 38 of the 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.
What it does: Adds SEC. __. DENIAL OF CERTAIN BURIAL-RELATED BENEFITS FOR INDIVIDUALS WHO COMMITTED A CAPITAL OFFENSE wherever appropriate
Sen. Larry E. Craig (R-ID)Adds SEC. __. DENIAL OF CERTAIN BURIAL-RELATED BENEFITS FOR INDIVIDUALS WHO COMMITTED A CAPITAL OFFENSE wherever appropriate
Adds a sectionInserted: SEC. __. 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) by amending paragraph (1) to read as follows:
Inserted: "(1) A person whose conviction of a Federal capital crime is final."; and
Inserted: (B) by amending paragraph (2) to read as follows:
Inserted: "(2) A person whose conviction of a State capital crime is final."; 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.";
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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:
Inserted: "(c) Definition.--In this section, the term 'burial' includes inurnment.".
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.
Inserted: (e) Savings Provision.--The amendments made by subsections (a), (b), and (c) shall not apply to any person whose sentence for a Federal capital crime or a State capital crime (as such terms are defined in section 2411(d) of title 38, United States Code) was commuted by the President or the Governor of a State.
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Original wording
At the appropriate place, insert the following:
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As printed
SA 2562. Mr. WARNER (for Mr. Craig (for himself, Mr. Roberts, Mr. Brownback, Ms. Mikulski, Mr. Warner, and Mr. Salazar)) proposed an amendment 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; as follows:
At the appropriate place, insert the following:
SEC. __. 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) by amending paragraph (1) to read as follows:
“(1) A person whose conviction of a Federal capital crime is final.”; and
(B) by amending paragraph (2) to read as follows:
“(2) A person whose conviction of a State capital crime is final.”; 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 inurnment.”.
(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.
(e) Savings Provision.--The amendments made by subsections (a), (b), and (c) shall not apply to any person whose sentence for a Federal capital crime or a State capital crime (as such terms are defined in section 2411(d) of title 38, United States Code) was commuted by the President or the Governor of a State.
Legislative Activity
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Senate amendment submitted
November 15, 2005
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Senate amendment submitted
November 15, 2005
Senate amendment proposed (on the floor): Amendment SA 2562 proposed by Senator Warner for Senator Craig.(consideration: CR S12778-12791; text: CR S12788)
November 15, 2005
Senate amendment agreed to: Amendment SA 2562 agreed to in Senate by Unanimous Consent.
November 15, 2005
Amendment SA 2562 proposed by Senator Warner for Senator Craig. (consideration: CR S12778-12791; text: CR S12788) To amend titles 10 and 38 of the 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.
November 15, 2005
Amendment SA 2562 agreed to in Senate by Unanimous Consent.
November 15, 2005