
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC985]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
          CHAPTER 49--MISCELLANEOUS PROHIBITIONS AND PENALTIES
 
Sec. 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.

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


                             Effective Date

    Section 1077(b) of Pub. L. 105-85 provided that: ``Section 985 of 
title 10, United States Code, as added by subsection (a), applies with 
respect to persons dying after January 1, 1997.''
