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 (a)(1), was repealed by Pub.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 Federal Register once every six months a list of each institution of higher education that is currently ineligible for contracts and grants by reason of a determination of the Secretary under sub- section (a) or (b).’’ 2011—Subsec. (e)(1). Pub. L. 112–81 substituted ‘‘Sec- retary of Education and’’ for ‘‘Secretary of Education,’’ and struck out ‘‘, and to Congress’’ after ‘‘determina- tion’’. 2004—Subsec. (a). Pub. L. 108–375, § 552(d), struck out ‘‘(including a grant of funds to be available for student aid)’’ after ‘‘by grant’’ in introductory provisions. Subsec. (b). Pub. L. 108–375, § 552(b)(2)(A), (d), in intro- ductory provisions, substituted ‘‘subsection (d)(1)’’ for ‘‘subsection (d)(2)’’ and struck out ‘‘(including a grant of funds to be available for student aid)’’ after ‘‘by grant’’. Subsec. (b)(1). Pub. L. 108–375, § 552(a), substituted ‘‘access to campuses’’ for ‘‘entry to campuses’’ and in- serted before semicolon ‘‘in a manner that is at least equal in quality and scope to the access to campuses and to students that is provided to any other em- ployer’’. Subsec. (d)(1). Pub. L. 108–375, § 552(b)(1)(A)(i), (c)(1), in introductory provisions, substituted ‘‘Except as pro- vided in paragraph (2), the’’ for ‘‘The’’ and ‘‘limitations established in subsections (a) and (b) apply’’ for ‘‘limi- tation established in subsection (a) applies’’. Subsec. (d)(1)(B). Pub. L. 108–375, § 552(b)(1)(A)(ii), in- serted ‘‘for any department or agency for which regular appropriations are made’’ after ‘‘made available’’. Subsec. (d)(1)(C) to (F). Pub. L. 108–375, § 552(b)(1)(A)(iii), added subpars. (C) to (F). Subsec. (d)(2). Pub. L. 108–375, § 552(b)(1)(B), (c)(2), added par. (2) and struck out former par. (2) which read as follows: ‘‘The limitation established in subsection (b) applies to the following: ‘‘(A) Funds described in paragraph (1). ‘‘(B) Any funds made available for the Department of Homeland Security.’’ Subsec. (e)(1). Pub. L. 108–375, § 552(b)(2)(B), inserted ‘‘, to the head of each other department and agency the funds of which are subject to the determination,’’ after ‘‘Secretary of Education’’. 2002—Subsec. (b)(1). Pub. L. 107–296, § 1704(b)(1), sub- stituted ‘‘Secretary of Homeland Security’’ for ‘‘Sec- retary of Transportation’’. Subsec. (d)(2)(B). Pub. L. 107–296, § 1704(b)(3), sub- stituted ‘‘Department of Homeland Security’’ for ‘‘De- partment of Transportation’’. 1999—Pub. L. 106–65 amended section catchline and text generally. Prior to amendment, section consisted of subsecs. (a) to (d) relating to denial of Department of Defense grants and contracts to institutions of high- er education that have anti-ROTC policies. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT Pub. L. 108–375, div. A, title V, § 552(f), Oct. 28, 2004, 118 Stat. 1912, provided that: ‘‘The amendments made by this section [amending this section and repealing provi- sions set out as a note under this section] shall apply with respect to funds appropriated for fiscal year 2005 and thereafter.’’ 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. FUNDS AVAILABLE SOLELY FOR STUDENT FINANCIAL ASSISTANCE Pub. L. 106–79, title VIII, § 8120, Oct. 25, 1999, 113 Stat. 1260, provided that during fiscal year 2000 and there- after, any Federal grant of funds to an institution of higher education to be available solely for student fi- nancial assistance or related administrative costs could be used for the purpose for which the grant was made without regard to any provision to the contrary in section 101(e) [title V, § 514] of Pub. L. 104–208 (for- merly 10 U.S.C. 503 note), or section 983 of this title, prior to repeal by Pub. L. 108–375, div. A, title V, § 552(e), Oct. 28, 2004, 118 Stat. 1912. § 985. Persons convicted of capital crimes; cer- tain other persons: denial of specified burial- related benefits (a) PROHIBITION OF PERFORMANCE OF MILITARY HONORS.—The Secretary of a military depart- ment 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 pro- vide military honors (under section 1491 of this title 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. (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 com- ponent, 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 MILI- TARY CEMETERIES.—Except as provided in sub- section (c), a person who is ineligible for inter- ment in a national cemetery under the control Page 894 TITLE 10—ARMED FORCES § 986 of the National Cemetery Administration by reason of section 2411(b) of title 38 is not enti- tled to or eligible for, and may not be provided, burial in— (1) Arlington National Cemetery; (2) the Soldiers’ and Airmen’s National Cem- etery; or (3) any other cemetery administered by the Secretary of a military department or the Sec- retary of Defense. (c) UNCLAIMED REMAINS OF MILITARY PRIS- ONERS.—Subsection (b) shall not preclude the burial at the United States Disciplinary Bar- racks Cemetery at Fort Leavenworth, Kansas, of a military prisoner, including a military pris- oner who is a person described in section 2411(b) of title 38, who dies while in custody of a mili- tary department and whose remains are not claimed by the person authorized to direct dis- position of the remains or by other persons le- gally authorized to dispose of the remains. (d) DEFINITION.—In this section, the term ‘‘burial’’ includes inurnment. (Added Pub. L. 105–85, div. A, title X, § 1077(a)(1), Nov. 18, 1997, 111 Stat. 1914; amended Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 109–163, div. A, title VI, § 662(b)(1)–(3), (c)(1), Jan. 6, 2006, 119 Stat. 3315; Pub. L. 115–232, div. A, title V, § 592, Aug. 13, 2018, 132 Stat. 1788.) Editorial Notes AMENDMENTS 2018—Subsec. (b). Pub. L. 115–232, § 592(1), substituted ‘‘Except as provided in subsection (c), a person who is ineligible’’ for ‘‘A person who is ineligible’’ in introduc- tory provisions. Subsecs. (c), (d). Pub. L. 115–232, § 592(2), (3), added subsec. (c) and redesignated former subsec. (c) as (d). 2006—Pub. L. 109–163, § 662(c)(1), substituted ‘‘Persons convicted of capital crimes; certain other persons: de- nial of specified burial-related benefits’’ for ‘‘Persons convicted of capital crimes: denial of certain burial-re- lated benefits’’ in section catchline. Subsec. (a). Pub. L. 109–163, § 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, § 662(b)(1)(A), inserted ‘‘(under section 1491 of this title or any other authority)’’ after ‘‘mili- tary honors’’. Subsec. (b). Pub. L. 109–163, § 662(b)(2), in introductory provisions, substituted ‘‘who is ineligible for interment in a national cemetery under the control of the Na- tional 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, § 662(b)(3), amended head- ing and text of subsec. (c) generally. Prior to amend- ment, 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 Co- lumbia and any commonwealth or territory of the United States.’’ 2002—Subsec. (a). Pub. L. 107–296 substituted ‘‘of Homeland Security’’ for ‘‘of Transportation’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109–163, div. A, title VI, § 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’ Bene- fits and enacting provisions set out as notes under this section and section 2411 of Title 38] shall apply with re- spect 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 Pub. L. 105–85, div. A, title X, § 1077(b), Nov. 18, 1997, 111 Stat. 1915, 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, § 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 au- thority 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.’’ § 986. Policy regarding identification of gender or personal pronouns in official correspond- ence The Secretary of Defense may not require or prohibit a member of the armed forces or a civil- ian employee of the Department of Defense to identify the gender or personal pronouns of such member or employee in any official correspond- ence of the Department. (Added Pub. L. 118–31, div. A, title V, § 522(b), Dec. 22, 2023, 137 Stat. 249.) Editorial Notes PRIOR PROVISIONS A prior section 986, added Pub. L. 106–398, § 1 [[div. A], title X, § 1071(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–275; amended Pub. L. 107–107, div. A, title X, § 1048(c)(3), Dec. 28, 2001, 115 Stat. 1226; Pub. L. 108–375, div. A, title X, § 1062, Oct. 28, 2004, 118 Stat. 2056, prohibited the Depart- ment of Defense from granting or renewing security clearances for certain persons, prior to repeal by Pub. L. 110–181, div. A, title X, § 1072(b)(1), (3), Jan. 28, 2008, 122 Stat. 329, 330, effective Jan. 1, 2008. § 987. Terms of consumer credit extended to members and dependents: limitations (a) INTEREST.—A creditor who extends con- sumer credit to a covered member of the armed forces or a dependent of such a member shall not require the member or dependent to pay interest with respect to the extension of such credit, ex- cept as— (1) agreed to under the terms of the credit agreement or promissory note; (2) authorized by applicable State or Federal law; and (3) not specifically prohibited by this sec- tion. (b) ANNUAL PERCENTAGE RATE.—A creditor de- scribed in subsection (a) may not impose an an-