10 U.S.C. § 983 : US Code - Section 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

Search 10 U.S.C. § 983 : US Code - Section 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

(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 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.
- 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 or 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; or
(2) access by military recruiters for purposes of military
recruiting to the following information pertaining to students
(who are 17 years of age or older) enrolled at that institution
(or any subelement of that institution):
(A) Names, addresses, and telephone listings.
(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, to the head of each other department and
agency the funds of which are subject to the determination, and
to Congress; 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.
(f) Semiannual Notice in Federal Register. - 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 subsection (a) or (b).