text: SECTION 1. MODIFICATION OF CIRCUMSTANCES UNDER WHICH PERSONS CONVICTED 
                OF COMMITTING CAPITAL OFFENSES MAY BE INTERRED IN 
                NATIONAL CEMETERIES.
  
      (a) Prohibition of 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) Rulemaking.--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.
  
  SEC. 2. MODIFICATION OF CIRCUMSTANCES UNDER WHICH PERSONS COMMITTING 
                CAPITAL OFFENSES ARE DENIED INTERMENT IN MILITARY 
                CEMETERIES AND FUNERAL HONORS.
  
      (a) Prohibition of Interment in Military Cemetery.--Section 985 of 
  title 10, United States Code, is amended--
              (1) in subsection (a), by striking ``who has been convicted 
          '' and all that follows through ``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 striking subsection (c) and inserting the following:
      ``(c) Definition.--In this section, the term `burial' includes 
  inurnment.''.
      (b) Denial of Funeral Honors.--Section 1491(h) of title 10, United 
  States Code, is amended--
              (1) by redesignating subsection (h) as subsection (i); and
              (2) by inserting after subsection (g) the following new 
          subsection (h):
      ``(h) Exception for Veterans Convicted of Committing Capital 
  Crimes.--In accordance with section 985(a) of this title, the Secretary 
  of Defense shall not ensure that funeral honors are provided under this 
  section for a person described in section 2411(b) of title 38.''.
      (c) Rulemaking.--The Secretary of Defense shall prescribe 
  regulations to ensure that a person is not interred in a cemetery 
  referred to in paragraph (1), (2), or (3) of section 985(b) of title 
  10, United States Code, or provided funeral honors under section 1491 
  of such title unless a good faith effort has been made to determine 
  whether such person is 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.
  
  SEC. 3. REMOVAL OF REMAINS OF RUSSELL WAYNE WAGNER FROM ARLINGTON 
                NATIONAL CEMETERY.
  
      (a) Findings.--Congress finds the following:
              (1) Arlington National Cemetery is a national shrine that 
          memorializes the honorable service of members of the Armed 
          Forces who have defended the freedoms that all Americans enjoy.
              (2) The inclusion among the honored dead interred at 
          Arlington National Cemetery of persons who have committed 
          particularly notorious, heinous acts brings dishonor to those 
          honored dead and disrespect to their loved ones.
              (3) The removal from Arlington National Cemetery of the 
          remains of a person who has committed a heinous act would not 
          be an act of punishment against that person, but rather an act 
          that would preserve the sacredness of the cemetery grounds.
      (b) Removal of Remains.--
              (1) Removal.--The Secretary of the Army shall remove the 
          remains of Russell Wayne Wagner from Arlington National 
          Cemetery.
              (2) Notification of next-of-kin.--On or before the date on 
          which the remains of Russell Wayne Wagner are removed, the 
          Secretary of the Army shall notify the next-of-kin of record 
          for Russell Wayne Wagner of the removal of his remains
              (3) Reinternment.--Upon the removal of the remains of 
          Russell Wayne Wagner, the Secretary of the Army shall arrange 
          for the internment or inurnment of those remains in a public or 
          private cemetery or, if requested, relinquish the remains to 
          the next-of-kin of record.
target: Prohibits the interment or memorialization in a national or military cemetery of, or the performance of military funeral honors for, any person convicted of a federal or state capital crime for which a life sentence or the death penalty may be imposed. (Currently, such prohibition extends only to those so convicted who have been sentenced to death or life imprisonment without parole.)
  
  Directs the Secretaries of Veterans Affairs and Defense to prescribe regulations to ensure that a person is not interred in a national or military cemetery or provided funeral honors unless a good faith effort has been made to determine whether such person is ineligible for such interment or honors.
  
  Directs the Secretary of the Army to remove the remains of Russell Wayne Wagner from Arlington National Cemetery.
feat_title: To amend titles 10 and 38, 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, and for other purposes.