§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, §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."