DENIAL OF CERTAIN BURIAL-RELATED BENEFITS FOR INDIVIDUALS WHO COMMITTED A CAPITAL OFFENSE.

SEC. 662. DENIAL OF CERTAIN BURIAL-RELATED BENEFITS FOR INDIVIDUALS WHO COMMITTED A CAPITAL OFFENSE.(a) Prohibition of Interment in National Cemeteries.—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 inserting “and whose conviction is final (other than a person whose sentence was commuted by the President)”; and(B) in paragraph (2), by striking “for which the person was sentenced to death or life imprisonment without parole” and inserting “and whose conviction is final (other than a person whose sentence was commuted by the Governor of a State)”; and(2) in subsection (d)—(A) in paragraph (1), by striking “the death penalty or life imprisonment may be imposed” and inserting “a sentence of imprisonment for life or the death penalty may be imposed”; and119 STAT. 3315(B) in paragraph (2), by striking “the death penalty or life imprisonment without parole may be imposed” and inserting “a sentence of imprisonment for life or the death penalty may be imposed”.(b) Prohibition of Certain Department of Defense Benefits.—(1) Additional circumstances for prohibition of performance of military honors.—Subsection (a) of section 985 of title 10, United States Code, is amended—(A) by inserting “(under section 1491 of this title or any other authority)” after “military honors”; and(B) by striking “a person who” and all that follows and inserting the following: “any of the following persons:“(1) A person described in section 2411(b) of title 38.“(2) A person who is a veteran (as defined in section 1491(h) of this title) or who died while on active duty or a member of a reserve component, when the circumstances surrounding the person’s death or other circumstances as specified by the Secretary of Defense are such that to provide military honors at the funeral or burial of the person would bring discredit upon the person’s service (or former service).”.(2) Additional circumstances for prohibition of interment in military cemetery.—Subsection (b) of such section is amended by striking “convicted of a capital offense under Federal law” and inserting “who is ineligible for interment in a national cemetery under the control of the National Cemetery Administration by reason of section 2411(b) of title 38”.(3) Conforming amendment.—Subsection (c) such section is amended to read as follows:“(c) Definition.—In this section, the term ‘burial’ includes inurnment.”.(4) Prohibition of funeral honors.—Section 1491(a) of title 10, United States Code, is amended by inserting before the period at the end the following: “, except when military honors are prohibited under section 985(a) of this title”.(c) Clerical Amendments.—(1) Section heading.—The heading of section 985 of such title is amended to read as follows:“§ 985. Persons convicted of capital crimes; certain other persons: denial of specified burial-related benefits” .(2) Table of sections.—The item relating to section 985 in the table of sections at the beginning of chapter 49 of such title is amended to read as follows: “985. Persons convicted of capital crimes; certain other persons: denial of specified burial-related benefits.”. (d) Rulemaking.—(1) 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 ineligible for such interment or honors by reason of being a person described in section 2411(b) of title 38, United States Code, or is otherwise ineligible for such interment under Federal law.119 STAT. 3316(2) 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 of a military department 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 ineligible for such interment or honors by reason of being a person described in section 2411(b) of title 38, United States Code, or is otherwise ineligible for such interment or honors under Federal law. (e) Effective Date.—The amendments made by this section shall apply with respect to funerals and burials that occur on or after the date of the enactment of this Act.