10 U.S.C. § 983 — Institutions of higher education that prevent ROTC access or military recruiting on campus: denial of grants and contracts from Department of Defense, Department of Education, and certain other departments and agencies

submitted 30 years ago by Pub. L. 104-106 to r/title-10-ARMED-FORCES · 695 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section can bar certain Federal contracts and grants to a college that blocks Senior ROTC access or treats military recruiting less favorably than other employers. It lists exceptions, covered funds, protected student aid, and notice duties.

(a) The funds listed in subsection (d)(1) may not be provided by contract or grant to a college or any part of it if the Secretary of Defense finds that the college has a policy or practice, whenever adopted, that prohibits or effectively prevents either: (1) a military-department Secretary from maintaining, establishing, or operating a Senior ROTC unit there under applicable law; or (2) a student there from enrolling in Senior ROTC at another college. (b) Those funds may not be provided if the Secretary finds that the college prohibits or effectively prevents either: (1) the military-department Secretary or Secretary of Homeland Security from accessing the campus or students age 17 or older for recruiting on access at least equal in quality and scope to that given another employer; or (2) military recruiters from obtaining, for students age 17 or older enrolled there, names, addresses, institution-provided email addresses when available, and telephone listings within 60 days after request, as well as birth date and place, education level, major, degrees, and most recent school. (c) The limits in (a) and (b) do not apply if the Secretary finds that the college and each part ended the policy or practice, or that the college has a longstanding pacifist policy based on historical religious affiliation. (d)(1) The limits cover Defense Department funds; funds for departments or agencies funded by a Labor, Health and Human Services, and Education appropriations act; Homeland Security funds; National Nuclear Security Administration funds; Transportation Department funds; and Central Intelligence Agency funds. (2) Such funds provided only for student financial aid, related administration, or attendance costs may still be used for those purposes. (e) Whenever the Secretary makes a determination under (a), (b), or (c), the Secretary must notify the Secretary of Education and each other affected department or agency head, and publish in the Federal Register the determination and its effect on the college’s eligibility for contracts and grants.

the actual law source: uscode.house.gov ↗public domain

(a)Denial of Funds for Preventing ROTC Access to Campus.—

No funds described in subsection (d)(1) may be provided by contract or by grant to an institution of higher education (including any subelement of such institution) 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 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 institution); or

(2)

a student at that institution (or any subelement of that institution) from enrolling in a unit of the Senior Reserve Officer Training Corps at another institution of higher education.

(b)Denial of Funds for Preventing Military Recruiting on Campus.—

(1)

the Secretary of a military department or the Secretary of Homeland Security from gaining access to campuses, or access to students (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 employer;

(2)

access by military recruiters for purposes of military recruiting, with respect to students (who are 17 years of age or older) enrolled at that institution (or any subelement of that institution)—

(A)

names, addresses, electronic mail addresses (which shall be the electronic mail addresses provided by the institution, if available), and telephone listings, which information shall be made available not later than the 60th day following the date of a request; and

(B)

date and place of birth, levels of education, 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 institution of higher education (or any subelement of that institution) if the Secretary of Defense determines that—

(1)

the institution (and each subelement of that institution) has ceased the policy or practice described in that subsection; or

(2)

the institution of higher education involved 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 subsections (a) and (b) apply to the following:

(A)

Any funds made available for the Department of Defense.

(B)

Any funds made available for any department or agency for which regular appropriations 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 Department of Homeland Security.

(D)

Any funds made available for the National Nuclear Security Administration of the Department of Energy.

(E)

Any funds made available for the Department 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 determination to the Secretary of Education and to the head of each other department and agency the funds of which are subject to the determination; and

(2)

shall publish in the Federal Register a notice of the determination and the effect of the determination on the eligibility of the institution of higher education (and any subelement of that institution) for contracts and grants.

Source credit: (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. 118–31, div. A, title V, § 543, Dec. 22, 2023, 137 Stat. 265.)

history & why it existsrecord from the source credit

1996Enacted · Pub. L. 104-106 · 110 Stat. 315
1999Amended · Pub. L. 106-65 · 113 Stat. 609
2002Amended · Pub. L. 107-296 · 116 Stat. 2314
2004Amended · Pub. L. 108-375 · 118 Stat. 1911, 1912
2011Amended · Pub. L. 112-81 · 125 Stat. 1583
2013Amended · Pub. L. 112-239 · 126 Stat. 1768, 1952
2021Amended · Pub. L. 116-283 · 134 Stat. 3597
2023Amended · Pub. L. 118-31 · 137 Stat. 265

A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-106 on 1996-02-10.

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