§ 2411. — Prohibition against interment or memorialization in the National Cemetery Administration or Arlington National Cemetery of persons committing Federal or State capital crimes.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC2411]
TITLE 38--VETERANS' BENEFITS
PART II--GENERAL BENEFITS
CHAPTER 24--NATIONAL CEMETERIES AND MEMORIALS
Sec. 2411. Prohibition against interment or memorialization in
the National Cemetery Administration 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 Administration or in Arlington National Cemetery;
or
(B) honor the memory of such person in a memorial area in a
cemetery in the National Cemetery Administration (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) In the case of a person described in subsection (b)(1) or
(b)(2), the prohibition under paragraph (1) shall not apply unless
written notice of a conviction referred to in subsection (b)(1) or
(b)(2), as the case may be, 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--
(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 imprisonment 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
Administration; and
(B) the Secretary of the Army, in the case of Arlington
National Cemetery.
(Added Pub. L. 105-116, Sec. 1(a), Nov. 21, 1997, 111 Stat. 2381;
amended Pub. L. 105-368, title IV, Sec. 403(d)(1), Nov. 11, 1998, 112
Stat. 3339; Pub. L. 107-330, title II, Sec. 202, Dec. 6, 2002, 116 Stat.
2824.)
Amendments
2002--Subsec. (a)(2). Pub. L. 107-330 substituted ``In the case of a
person described in subsection (b)(1) or (b)(2), the prohibition'' for
``The prohibition'' and ``referred to in subsection (b)(1) or (b)(2), as
the case may be,'' for ``or finding under subsection (b)''.
1998--Pub. L. 105-368, Sec. 403(d)(1), substituted
``Administration'' for ``System'' in section catchline.
Subsecs. (a)(1)(A), (B), (d)(3)(A). Pub. L. 105-368, Sec. 403(d)(1),
substituted ``Administration'' for ``System''.
Effective Date
Section 1(c) of Pub. L. 105-116 provided that: ``Section 2411 of
title 38, United States Code, as added by subsection (a), shall apply
with respect to applications for interment or memorialization made on or
after the date of the enactment of this Act [Nov. 21, 1997].''
Section Referred to in Other Sections
This section is referred to in sections 112, 2301, 2306, 2408 of
this title.
