§ 985. Persons convicted of capital crimes; certain other persons: denial of specified burial-related benefits

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1997

   National Defense Authorization Act for Fiscal Year 1998

   Pub. L. 105–85 div. A title X § 1077(a)(1) · 111 Stat. 1629

   Enacted · 10 U.S.C. § 985

   Added Pub. L. 105–85, div. A, title X, § 1077(a)(1), Nov. 18, 1997, 111 Stat. 1914

   Source evidence

   Code source credit
   Added Pub. L. 105–85, div. A, title X, § 1077(a)(1), Nov. 18, 1997, 111 Stat. 1914

   Enacted provision · exact public law section
   (1) Chapter 49 of title 10, United States Code, is amended by adding at the end the following new section: “§ 985. Persons convicted of capital crimes: denial of certain burial-related benefits “(a) Prohibition of Performance of Military Honors.— The Secretary of a military department and the Secretary of Transportation, with respect to the Coast Guard when it is not operating as a service in the Navy, may not provide military honors at the funeral or burial of a person who has been convicted of a capital offense under Federal or State law for which the person was sentenced to death or life imprisonment without parole. “(b) Disqualification From Burial in Military Cemeteries.— A person convicted of a capital offense under Federal law 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) Definitions.— In this section: “(1) The term ‘capital offense’ means an offense for which the death penalty may be imposed. “(2) The term ‘burial’ includes inurnment. “(3) The term ‘State’ includes the District of Columbia and any commonwealth or territory of the United States.”.

2. 2002

   Homeland Security Act of 2002

   Pub. L. 107–296 title XVII § 1704(b)(1) · 116 Stat. 2135

   Substituted · 10 U.S.C. § 985(a)

   Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.

   Enacted provision · exact public law section
   (1) Title 10, United States Code, is amended in sections 101(9), 130b(a), 130b(c)(4), 130c(h)(1), 379, 513(d), 575(b)(2), 580(e)(6), 580a(e), 651(a), 671(c)(2), 708(a), 716(a), 717, 806(d)(2), 815(e), 888, 946(c)(1), 973(d), 978(d), 983(b)(1), 985(a), 1033(b)(1), 1033(d), 1034, 1037(c), 1044d(f), 1058(c), 1059(a), 1059(k)(1), 1073(a), 1074(c)(1), 1089(g)(2), 1090, 1091(a), 1124, 1143, 1143a(h), 1144, 1145(e), 1148, 1149, 1150(c), 1152(a), 1152(d)(1), 1153, 1175, 1212(a), 1408(h)(2), 1408(h)(8), 1463(a)(2), 1482a(b), 1510, 1552(a)(1), 1565(f), 1588(f)(4), 1589, 2002(a), 2302(1), 2306b(b), 2323(j)(2), 2376(2), 2396(b)(1), 2410a(a), 2572(a), 2575(a), 2578, 2601(b)(4), 2634(e), 2635(a), 2734(g), 2734a, 2775, 2830(b)(2), 2835, 2836, 4745(a), 5013a(a), 7361(b), 10143(b)(2), 10146(a), 10147(a), 10149(b), 10150, 10202(b), 10203(d), 10205(b), 10301(b), 12103(b), 12103(d), 12304, 12311(c), 12522(c), 12527(a)(2), 12731(b), 12731a(e), 16131(a), 16136(a), 16301(g), and 18501 by striking “of Transportation” each place it appears and inserting “of Homeland Security”.

3. 2006

   National Defense Authorization Act for Fiscal Year 2006

   Pub. L. 109–163 § 662(c)(1) · 119 Stat. 3136

   Substituted · 10 U.S.C. § 985

   Pub. L. 109–163, § 662(c)(1), substituted “Persons convicted of capital crimes; certain other persons: denial of specified burial-related benefits” for “Persons convicted of capital crimes: denial of certain burial-related benefits” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 109–163, § 662(c)(1), substituted “Persons convicted of capital crimes; certain other persons: denial of specified burial-related benefits” for “Persons convicted of capital crimes: denial of certain burial-related benefits” in section catchline.

   Enacted provision · exact public law section
   (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” .

   Effective date note
   Pub. L. 109–163, div. A, title VI, § 662(e), Jan. 6, 2006, 119 Stat. 3316, provided that: “The amendments made by this section [amending this section, section 1491 of this title, and section 2411 of Title 38, Veterans’ Benefits and enacting provisions set out as notes under this section and section 2411 of Title 38] shall apply with respect to funerals and burials that occur on or after the date of the enactment of this Act [Jan. 6, 2006].”

4. 2006

   National Defense Authorization Act for Fiscal Year 2006

   Pub. L. 109–163 § 662(b)(1)(B) · 119 Stat. 3136

   1. Substituted · 10 U.S.C. § 985(a)

      Pub. L. 109–163, § 662(b)(1)(B), substituted “any of the following persons:” for “a person who has been convicted of a capital offense under Federal or State law for which the person was sentenced to death or life imprisonment without parole.”

   2. Added · 10 U.S.C. § 985(a)

      Pub. L. 109–163, § 662(b)(1)(B), added pars. (1) and (2)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 109–163, § 662(b)(1)(B), substituted “any of the following persons:” for “a person who has been convicted of a capital offense under Federal or State law for which the person was sentenced to death or life imprisonment without parole.” and added pars. (1) and (2).

   Enacted provision · exact public law section
   (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).” .

   Effective date note
   Pub. L. 109–163, div. A, title VI, § 662(e), Jan. 6, 2006, 119 Stat. 3316, provided that: “The amendments made by this section [amending this section, section 1491 of this title, and section 2411 of Title 38, Veterans’ Benefits and enacting provisions set out as notes under this section and section 2411 of Title 38] shall apply with respect to funerals and burials that occur on or after the date of the enactment of this Act [Jan. 6, 2006].”

5. 2006

   National Defense Authorization Act for Fiscal Year 2006

   Pub. L. 109–163 § 662(b)(1)(A) · 119 Stat. 3136

   Inserted · 10 U.S.C. § 985(a)

   Pub. L. 109–163, § 662(b)(1)(A), inserted “(under section 1491 of this title or any other authority)” after “military honors”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 109–163, § 662(b)(1)(A), inserted “(under section 1491 of this title or any other authority)” after “military honors”.

   Enacted provision · exact public law section
   (A) by inserting “(under section 1491 of this title or any other authority)” after “military honors”; and

   Effective date note
   Pub. L. 109–163, div. A, title VI, § 662(e), Jan. 6, 2006, 119 Stat. 3316, provided that: “The amendments made by this section [amending this section, section 1491 of this title, and section 2411 of Title 38, Veterans’ Benefits and enacting provisions set out as notes under this section and section 2411 of Title 38] shall apply with respect to funerals and burials that occur on or after the date of the enactment of this Act [Jan. 6, 2006].”

6. 2006

   National Defense Authorization Act for Fiscal Year 2006

   Pub. L. 109–163 § 662(b)(2) · 119 Stat. 3136

   Substituted · 10 U.S.C. § 985(b)

   Pub. L. 109–163, § 662(b)(2), in introductory provisions, substituted “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” for “convicted of a capital offense under Federal law”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 109–163, § 662(b)(2), in introductory provisions, substituted “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” for “convicted of a capital offense under Federal law”.

   Enacted provision · exact public law section
   (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”.

   Effective date note
   Pub. L. 109–163, div. A, title VI, § 662(e), Jan. 6, 2006, 119 Stat. 3316, provided that: “The amendments made by this section [amending this section, section 1491 of this title, and section 2411 of Title 38, Veterans’ Benefits and enacting provisions set out as notes under this section and section 2411 of Title 38] shall apply with respect to funerals and burials that occur on or after the date of the enactment of this Act [Jan. 6, 2006].”

7. 2006

   National Defense Authorization Act for Fiscal Year 2006

   Pub. L. 109–163 § 662(b)(3) · 119 Stat. 3136

   Amended · 10 U.S.C. § 985(c)

   Pub. L. 109–163, § 662(b)(3), amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows: “In this section:

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 109–163, § 662(b)(3), amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows: “In this section:

   “(1) The term ‘capital offense’ means an offense for which the death penalty may be imposed. “(2) The term ‘burial’ includes inurnment. “(3) The term ‘State’ includes the District of Columbia and any commonwealth or territory of the United States.”

   Enacted provision · exact public law section
   (3) Conforming amendment.— Subsection (c) such section is amended to read as follows: “(c) Definition.— In this section, the term ‘burial’ includes inurnment.” .

   Effective date note
   Pub. L. 109–163, div. A, title VI, § 662(e), Jan. 6, 2006, 119 Stat. 3316, provided that: “The amendments made by this section [amending this section, section 1491 of this title, and section 2411 of Title 38, Veterans’ Benefits and enacting provisions set out as notes under this section and section 2411 of Title 38] shall apply with respect to funerals and burials that occur on or after the date of the enactment of this Act [Jan. 6, 2006].”

8. 2018

   John S. McCain National Defense Authorization Act for Fiscal Year 2019

   Pub. L. 115–232 § 592(1) · 132 Stat. 1636

   Substituted · 10 U.S.C. § 985(b)

   Pub. L. 115–232, § 592(1), substituted “Except as provided in subsection (c), a person who is ineligible” for “A person who is ineligible” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 115–232, § 592(1), substituted “Except as provided in subsection (c), a person who is ineligible” for “A person who is ineligible” in introductory provisions.

   Enacted provision · exact public law section
   (1) in subsection (b), by striking “A person who is ineligible” in the matter preceding paragraph (1) and inserting “Except as provided in subsection (c), a person who is ineligible”;

9. 2018

   John S. McCain National Defense Authorization Act for Fiscal Year 2019

   Pub. L. 115–232 § 592(2) · 132 Stat. 1636

   1. Added · 10 U.S.C. § 985(c); 10 U.S.C. § 985(d)

      Pub. L. 115–232, § 592(2), (3), added subsec. (c)

   2. Redesignated · 10 U.S.C. § 985(c); 10 U.S.C. § 985(d)

      Pub. L. 115–232, § 592(2), (3), redesignated former subsec. (c) as (d)

   Source evidence

   Code amendment note
   Subsecs. (c), (d). Pub. L. 115–232, § 592(2), (3), added subsec. (c) and redesignated former subsec. (c) as (d).

   Enacted provision · exact public law section
   (2) by redesignating subsection (c) as subsection (d); and

11 of 11 references resolved to an enrolled provision