PUBLIC LAW 109–163—JAN. 6, 2006
119 STAT. 3315
(B) in paragraph (2), by striking ‘‘the death penalty or life imprisonment without parole may be imposed’’ and inserting ‘‘a sentence of imprisonment for life or the death penalty may be imposed’’. (b) PROHIBITION OF CERTAIN DEPARTMENT OF DEFENSE BENEFITS.— (1) ADDITIONAL CIRCUMSTANCES FOR PROHIBITION OF PERFORMANCE OF MILITARY HONORS.—Subsection (a) of section 985 of title 10, United States Code, is amended— (A) by inserting ‘‘(under section 1491 of this title or any other authority)’’ after ‘‘military honors’’; and (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).’’. (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’’. (3) CONFORMING AMENDMENT.—Subsection (c) such section is amended to read as follows: ‘‘(c) DEFINITION.—In this section, the term ‘burial’ includes inurnment.’’. (4) PROHIBITION OF FUNERAL HONORS.—Section 1491(a) of title 10, United States Code, is amended by inserting before the period at the end the following: ‘‘, except when military honors are prohibited under section 985(a) of this title’’. (c) CLERICAL AMENDMENTS.— (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’’. (2) TABLE OF SECTIONS.—The item relating to section 985 in the table of sections at the beginning of chapter 49 of such title is amended to read as follows: ‘‘985. Persons convicted of capital crimes; certain other persons: denial of specified burial-related benefits.’’. (d) RULEMAKING.— (1) DEPARTMENT OF VETERANS AFFAIRS.—The Secretary of
Veterans Affairs shall prescribe regulations to ensure that a person is not interred in any cemetery in the National Cemetery System 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 under Federal law.
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38 USC 2411 note.
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