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10 U.S.C. § 985 — Persons convicted of capital crimes; certain other persons: denial of specified burial-related benefits

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 985 — Persons convicted of capital crimes; certain other persons: denial of specified burial-related benefits

**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1491&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2411/b&num=0&edition=prelim). (2) A person who is a veteran (as defined in [section 1491(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1491/h&num=0&edition=prelim)) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2411/b&num=0&edition=prelim) 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)

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Stable record: federal_law:legal_authorities:record_usc_6b2062ccab5d3f1cef676d52
Source file: Laws/federal/codes/united-states-code/title-10/section-985-persons-convicted-of-capital-crimes-certain-other-persons-denial-of-spec--49c4821806.md
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Source location: Title 10, Chapter 49, § 985; chapter-049-miscellaneous-prohibitions-and-penalties.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1491&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2411/b&num=0&edition=prelim). (2) A person who is a veteran (as defined in [section 1491(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1491/h&num=0&edition=prelim)) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2411/b&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2411/b&num=0&edition=prelim), 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.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 2411 — Prohibition against interment or memorialization in the National Cemetery Administration or Arlington National Cemetery of persons committing certain Federal or State crimes

**(a)** (1) In the case of a person described in subsection (b), the appropriate Federal official may not— (A) inter the remains of such person in a cemetery in the National Cemetery Administration or in Arlington National Cemetery; or (B) honor the memory of such person in a memorial area in a cemetery in the National Cemetery Administration (described in [section 2403(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2403/a&num=0&edition=prelim)) or in such an area in Arlington National Cemetery (described in [section 2409(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2409/a&num=0&edition=prelim)). (2) In the case of a person described in subsection (b)(1), (b)(2), or (b)(4), the prohibition under paragraph (1) shall not apply unless written notice of a conviction referred to in subsection (b)(1), (b)(2), or (b)(4), as the case may be, is received by the appropriate Federal official before the interment or memorialization of such person. Such written notice shall be furnished to such official by the Attorney General, in the case of a Federal crime, or by an appropriate State official, in the case of a State crime. **(b)** A person referred to in subsection (a) is any of the following: (1) A person who has been convicted of a Federal capital crime and whose conviction is final (other than a person whose sentence was commuted by the President). (2) A person who has been convicted of a State capital crime and whose conviction is final (other than a person whose sentence was commuted by the Governor of a State). (3) A person who— (A) is found (as provided in subsection (c)) to have committed a Federal capital crime or a State capital crime, but (B) has not been co

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1491 — Funeral honors functions at funerals for veterans

**(a) Availability of Funeral Honors Detail Ensured.—** The Secretary of Defense shall ensure that, upon request, a funeral honors detail is provided for the funeral of any veteran, except when military honors are prohibited under [section 985(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section985/a&num=0&edition=prelim). **(b) Composition of Funeral Honors Details.—** (1) The Secretary of each military department shall ensure that a funeral honors detail for the funeral of a veteran consists of two or more persons. (2) At least two members of the funeral honors detail for a veteran’s funeral shall be members of the armed forces (other than members in a retired status). The remainder of the detail may consist of members of the armed forces (including members in a retired status), or members of veterans organizations or other organizations approved for purposes of this section under regulations prescribed by the Secretary of Defense. Each member of the armed forces in the detail shall wear the uniform of the member’s armed force while serving in the detail. (3) The Secretary concerned shall provide full military honors (as determined by the Secretary concerned) for the funeral of a veteran who— (A) is first interred or first inurned in Arlington National Cemetery on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020; (B) was awarded the medal of honor or the prisoner-of-war medal; and (C) is not entitled to full military honors by the grade of that veteran. **(c) Ceremony.—** A funeral honors detail shall, at a minimum, perform at the funeral a ceremony that includes the folding of a United States flag and presentation of the flag to the veteran’s family and the playin

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 101 — Definitions

**(a) In General.—** The following definitions apply in this title: (1) The term “United States”, in a geographic sense, means the States and the District of Columbia. (2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.] (3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth. (4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. (5) The term “uniformed services” means— (A) the armed forces; (B) the commissioned corps of the National Oceanic and Atmospheric Administration; and (C) the commissioned corps of the Public Health Service. (6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments. (7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government. (8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force. (9) The term

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 985 — Persons convicted of capital crimes; cer-

Page 893 TITLE 10—ARMED FORCES § 985 118–31, div. A, title V, § 543, Dec. 22, 2023, 137 Stat. 265.) Editorial Notes REFERENCES IN TEXT Section 654 of this title, referred to in subsec. (a)(1), was repealed by Pub. L. 111–321, § 2(f)(1)(A), Dec. 22, 2010, 124 Stat. 3516. PRIOR PROVISIONS Provisions similar to those in this section were con- tained in Pub. L. 103–337, div. A, title V, § 558, Oct. 5, 1994, 108 Stat. 2776, as amended, and Pub. L. 104–208, div. A, title I, § 101(e) [title V, § 514], Sept. 30, 1996, 110 Stat. 3009–233, 3009–270, which were set out as notes under sec- tion 503 of this title, prior to repeal by Pub. L. 106–65, § 549(b). AMENDMENTS 2023—Subsec. (b)(1). Pub. L. 118–31, § 543(1), substituted ‘‘employer;’’ for ‘‘employer; or’’. Subsec. (b)(2). Pub. L. 118–31, § 543(2)(A), (B), in intro- ductory provisions, substituted ‘‘, with respect’’ for ‘‘to the following information pertaining’’ and ‘‘institu- tion)—’’ for ‘‘institution):’’. Subsec. (b)(2)(A). Pub. L. 118–31, § 543(2)(C), sub- stituted ‘‘names’’ for ‘‘Names’’ and ‘‘telephone listings, which information shall be made available not later than the 60th day following the date of a request; and’’ for ‘‘telephone listings.’’. Subsec. (b)(2)(B). Pub. L. 118–31, § 543(2)(D), sub- stituted ‘‘date’’ for ‘‘Date’’. 2021—Subsec. (b)(2)(A). Pub. L. 116–283 substituted ‘‘electronic mail addresses (which shall be the elec- tronic mail addresses provided by the institution, if available), and telephone listings’’ for ‘‘and telephone listings’’. 2013—Subsec. (b)(1). Pub. L. 112–239, § 1076(f)(10), sub- stituted ‘‘or the Secretary’’ for ‘‘or Secretary’’. Subsec. (f). Pub. L. 112–239, § 586, struck out subsec. (f). Text read as follows: ‘‘The Secretary of Defense shall publish in the

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 985

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