10 U.S.C. § 983 — Institutions of higher education that pre-

Page 892 TITLE 10—ARMED FORCES § 983 1 See References in Text note below. (b) A determination by the Secretary con- cerned under this section is conclusive. (c) The Secretary concerned shall prescribe regulations for the administration of this sec- tion. (d) In this section, the term ‘‘State’’ includes the District of Columbia, the Commonwealth of Puerto Rico, and each territory of the United States. (Added Pub. L. 99–661, div. A, title V, § 502(a), Nov. 14, 1986, 100 Stat. 3863.) § 983. Institutions of higher education that pre- vent ROTC access or military recruiting on campus: denial of grants and contracts from Department of Defense, Department of Edu- cation, and certain other departments and agencies (a) DENIAL OF FUNDS FOR PREVENTING ROTC ACCESS TO CAMPUS.—No funds described in sub- section (d)(1) may be provided by contract or by grant to an institution of higher education (in- cluding any subelement of such institution) if the Secretary of Defense determines that that institution (or any subelement of that institu- tion) has a policy or practice (regardless of when implemented) that either prohibits, or in effect prevents— (1) the Secretary of a military department from maintaining, establishing, or operating a unit of the Senior Reserve Officer Training Corps (in accordance with section 654 1 of this title and other applicable Federal laws) at that institution (or any subelement of that in- stitution); or (2) a student at that institution (or any sub- element of that institution) from enrolling in a unit of the Senior Reserve Officer Training Corps at another institution of higher edu- cation. (b) DENIAL OF FUNDS FOR PREVENTING MILI- TARY RECRUITING ON CAMPUS.—No funds de- scribed in subsection (d)(1) may be provided by contract or by grant to an institution of higher education (including any subelement of such in- stitution) if the Secretary of Defense determines that that institution (or any subelement of that institution) has a policy or practice (regardless of when implemented) that either prohibits, or in effect prevents— (1) the Secretary of a military department or the Secretary of Homeland Security from gaining access to campuses, or access to stu- dents (who are 17 years of age or older) on campuses, for purposes of military recruiting 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; (2) access by military recruiters for purposes of military recruiting, with respect to stu- dents (who are 17 years of age or older) en- rolled at that institution (or any subelement of that institution)— (A) names, addresses, electronic mail ad- dresses (which shall be the electronic mail addresses provided by the institution, if available), and telephone listings, which in- formation shall be made available not later than the 60th day following the date of a re- quest; and (B) date and place of birth, levels of edu- cation, academic majors, degrees received, and the most recent educational institution enrolled in by the student. (c) EXCEPTIONS.—The limitation established in subsection (a) or (b) shall not apply to an insti- tution of higher education (or any subelement of that institution) if the Secretary of Defense de- termines that— (1) the institution (and each subelement of that institution) has ceased the policy or prac- tice described in that subsection; or (2) the institution of higher education in- volved has a longstanding policy of pacifism based on historical religious affiliation. (d) COVERED FUNDS.—(1) Except as provided in paragraph (2), the limitations established in sub- sections (a) and (b) apply to the following: (A) Any funds made available for the Depart- ment of Defense. (B) Any funds made available for any depart- ment or agency for which regular appropria- tions are made in a Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act. (C) Any funds made available for the Depart- ment of Homeland Security. (D) Any funds made available for the Na- tional Nuclear Security Administration of the Department of Energy. (E) Any funds made available for the Depart- ment of Transportation. (F) Any funds made available for the Central Intelligence Agency. (2) Any Federal funding specified in paragraph (1) that is provided to an institution of higher education, or to an individual, to be available solely for student financial assistance, related administrative costs, or costs associated with attendance, may be used for the purpose for which the funding is provided. (e) NOTICE OF DETERMINATIONS.—Whenever the Secretary of Defense makes a determination under subsection (a), (b), or (c), the Secretary— (1) shall transmit a notice of the determina- tion to the Secretary of Education and to the head of each other department and agency the funds of which are subject to the determina- tion; and (2) shall publish in the Federal Register a notice of the determination and the effect of the determination on the eligibility of the in- stitution of higher education (and any subele- ment of that institution) for contracts and grants. (Added Pub. L. 104–106, div. A, title V, § 541(a), Feb. 10, 1996, 110 Stat. 315; amended Pub. L. 106–65, div. A, title V, § 549(a)(1), Oct. 5, 1999, 113 Stat. 609; Pub. L. 107–296, title XVII, § 1704(b)(1), (3), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 108–375, div. A, title V, § 552(a)–(d), Oct. 28, 2004, 118 Stat. 1911, 1912; Pub. L. 112–81, div. A, title X, § 1061(11), Dec. 31, 2011, 125 Stat. 1583; Pub. L. 112–239, div. A, title V, § 586, title X, § 1076(f)(10), Jan. 2, 2013, 126 Stat. 1768, 1952; Pub. L. 116–283, div. A, title V, § 521(b), Jan. 1, 2021, 134 Stat. 3597; Pub. L. 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