Notes on 10 U.S.C. § 985 : US Code - Notes

Search Notes on 10 U.S.C. § 985 : US Code - Notes

(Added Pub. L. 105-85, div. A, title X, Sec. 1077(a)(1), Nov. 18,
1997, 111 Stat. 1914; amended Pub. L. 107-296, title XVII, Sec.
1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 109-163, div. A,
title VI, Sec. 662(b)(1)-(3), (c)(1), Jan. 6, 2006, 119 Stat.
3315.)
AMENDMENTS
2006 - Pub. L. 109-163, Sec. 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.
Subsec. (a). Pub. L. 109-163, Sec. 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).
Pub. L. 109-163, Sec. 662(b)(1)(A), inserted "(under section 1491
of this title or any other authority)" after "military honors".
Subsec. (b). Pub. L. 109-163, Sec. 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".
Subsec. (c). Pub. L. 109-163, Sec. 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."
2002 - Subsec. (a). Pub. L. 107-296 substituted "of Homeland
Security" for "of Transportation".
EFFECTIVE DATE OF 2006 AMENDMENT
Pub. L. 109-163, div. A, title VI, Sec. 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]."
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107-296 effective on the date of transfer of
the Coast Guard to the Department of Homeland Security, see section
1704(g) of Pub. L. 107-296, set out as a note under section 101 of
this title.
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."
REGULATIONS
Pub. L. 109-163, div. A, title VI, Sec. 662(d)(2), Jan. 6, 2006,
119 Stat. 3316, provided that: "The Secretary of Defense shall
prescribe regulations to ensure that a person is not interred in
any military cemetery under the authority of the Secretary of a
military department or provided funeral honors under section 1491
of title 10, United States Code, unless a good faith effort has
been made to determine whether such person is ineligible for such
interment or honors by reason of being a person described in
section 2411(b) of title 38, United States Code, or is otherwise
ineligible for such interment or honors under Federal law."