Page:United States Statutes at Large Volume 111 Part 3.djvu/294

 Ill STAT. 2382 PUBLIC LAW 105-116—NOV. 21, 1997 "(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 System; and "(B) the Secretary of the Army, in the case of Arlington National Cemetery.", (b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 24 of such title is amended by adding at the end the following new item: "2411. Prohibition against interment or memorialization in the National Cemetery System or Arlington National Cemetery of persons committing Federal or State capital crimes.". 38 USC 2411 (c) EFFECTIVE DATE. —Section 2411 of title 38, United States note. 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. SEC. 2. CONDITION ON GRANTS TO STATE-OWNED VETERAN CEME- TERIES. Section 2408 of title 38, United States Code, is amended— (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: "(d)(1) In addition to the conditions specified in subsections (b) and (c), any grant made on or after the date of the enactment of this subsection to a State under this section to assist such State in establishing, expanding, or improving a veterans' cemetery shall be made on the condition described in paragraph (2). "(2) For purposes of paragraph (1), the condition described in this paragraph is that, after the date of the receipt of the grant, such State prohibit the interment or memorialization in that cemetery of a person described in section 2411(b) of this title, subject to the receipt of notice described in subsection (a)(2) of such section, except that for purposes of this subsection—

�