§ 985. Persons convicted of capital crimes; certain other persons: denial of specified burial-related benefits
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/usc/title-10/section-985A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Prohibition of Performance of Military Honors.— The Secretary of a military department and the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy, may not provide military honors (under section 1491 of this title or any other authority) at the funeral or burial of 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).
(b)Disqualification From Burial in Military Cemeteries.— Except as provided in subsection (c), a person 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 is not entitled to or eligible for, and may not be provided, burial in—
(1)Arlington National Cemetery;
(2)the Soldiers’ and Airmen’s National Cemetery; or
(3)any other cemetery administered by the Secretary of a military department or the Secretary of Defense.
(c)Unclaimed Remains of Military Prisoners.— Subsection
(b)shall not preclude the burial at the United States Disciplinary Barracks Cemetery at Fort Leavenworth, Kansas, of a military prisoner, including a military prisoner who is a person described in section 2411(b) of title 38, who dies while in custody of a military department and whose remains are not claimed by the person authorized to direct disposition of the remains or by other persons legally authorized to dispose of the remains.
(d)Definition.— In this section, the term “burial” includes inurnment.
(Added Pub. L. 105–85, div. A, title X, § 1077(a)(1), Nov. 18, 1997, 111 Stat. 1914; amended Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 109–163, div. A, title VI, § 662(b)(1)–(3), (c)(1), Jan. 6, 2006, 119 Stat. 3315; Pub. L. 115–232, div. A, title V, § 592, Aug. 13, 2018, 132 Stat. 1788.)
Connections38 cite this · traces to 5
Cited by 38 sections · top 13
U.S. Code
- § 2411Prohibition against interment or memorialization in the National Cemetery Administration or Arlington National Cemetery of persons committing certain Federal or State crimes
- § 1491Funeral honors functions at funerals for veterans
- § 985Persons convicted of capital crimes; certain other persons: denial of specified burial-related benefits
register
statutes-at-large
- Public Law 105–85To authorize appropriations for fiscal year 1998 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
- Public Law 109–163To 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 military personnel strengths for such fiscal year, and for other purposes
CFR
- § 553.38Statutory authorities.
- § 553.47Prohibition of interment, inurnment or memorialization in an Army Cemetery of persons who have committed certain crimes.
- § 553.20Prohibition of interment, inurnment, or memorialization in an Army National Military Cemetery of persons who have committed certain crimes.
Traces to 5 documents
U.S. Code
- Funeral honors functions at funerals for veterans§ 1491
- Prohibition against interment or memorialization in the National Cemetery Administration or Arlington National Cemetery of persons committing certain Federal or State crimes§ 2411
- Definitions§ 101
- Persons convicted of capital crimes; certain other persons: denial of specified burial-related benefits§ 985
19 references not yet in our index
- Pub. L. 105–85, div. A, title X, § 1077(a)(1)
- 111 Stat. 1914
- Pub. L. 107–296, title XVII, § 1704(b)(1)
- 116 Stat. 2314
- Pub. L. 109–163, div. A, title VI, § 662(b)(1)
- 119 Stat. 3315
- 132 Stat. 1788
- Pub. L. 109–163, § 662(c)(1)
- Pub. L. 109–163, § 662(b)(1)(B)
- Pub. L. 109–163, § 662(b)(1)(A)
- Pub. L. 109–163, § 662(b)(2)
- Pub. L. 109–163, § 662(b)(3)
- Pub. L. 107–296
- Pub. L. 109–163, div. A, title VI, § 662(e)
- 119 Stat. 3316
- section 1704(g) of Pub. L. 107–296
- Pub. L. 105–85, div. A, title X, § 1077(b)
- 111 Stat. 1915
- Pub. L. 109–163, div. A, title VI, § 662(d)(2)
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cites case law
§ 985
Persons convicted of capital crimes; certain other persons: denial of specified burial-related benefits
Fed. Reg.×26
U.S.C.×5
C.F.R.×4
Stat.×3
Pub. L.Pub. L. 105–85, div. A, title X, § 1077(a)(1)
Stat.111 Stat. 1914
Pub. L.Pub. L. 107–296, title XVII, § 1704(b)(1)
Stat.116 Stat. 2314
Pub. L.Pub. L. 109–163, div. A, title VI, § 662(b)(1)
Cites 24 · showing 10Cited by 38 across 4 sources