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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 10USC983]
TITLE 10--ARMED FORCES
Subtitle A--General Military Law
PART II--PERSONNEL
CHAPTER 49--MISCELLANEOUS PROHIBITIONS AND PENALTIES
Sec. 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
(including a grant of funds to be available for student aid) 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)(2) may be provided by contract or
by grant (including a grant of funds to be available for student aid) 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 entry to campuses, or access to
students (who are 17 years of age or older) on campuses, for
purposes of military recruiting; 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) The limitation established in subsection (a)
applies to the following:
(A) Any funds made available for the Department of Defense.
(B) Any funds made available in a Departments of Labor, Health
and Human Services, and Education, and Related Agencies
Appropriations Act.
(2) 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.
(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 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).
(Added Pub. L. 104-106, div. A, title V, Sec. 541(a), Feb. 10, 1996, 110
Stat. 315; amended Pub. L. 106-65, div. A, title V, Sec. 549(a)(1), Oct.
5, 1999, 113 Stat. 609; Pub. L. 107-296, title XVII, Sec. 1704(b)(1),
(3), Nov. 25, 2002, 116 Stat. 2314.)
Prior Provisions
Provisions similar to those in this section were contained in Pub.
L. 103-337, div. A, title V, Sec. 558, Oct. 5, 1994, 108 Stat. 2776, as
amended, and Pub. L. 104-208, div. A, title I, Sec. 101(e) [title V,
Sec. 514], Sept. 30, 1996, 110 Stat. 3009-233, 3009-270, which were set
out as notes under section 503 of this title, prior to repeal by Pub. L.
106-65, Sec. 549(b).
Amendments
2002--Subsec. (b)(1). Pub. L. 107-296, Sec. 1704(b)(1), substituted
``Secretary of Homeland Security'' for ``Secretary of Transportation''.
Subsec. (d)(2)(B). Pub. L. 107-296, Sec. 1704(b)(3), substituted
``Department of Homeland Security'' for ``Department 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
higher education that have anti-ROTC policies.
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, Sec. 8120, Oct. 25, 1999, 113 Stat.
1260, provided that: ``During the current fiscal year and hereafter, any
Federal grant of funds to an institution of higher education to be
available solely for student financial assistance or related
administrative costs may be used for the purpose for which the grant is
made without regard to any provision to the contrary in section 514 of
the Departments of Labor, Health and Human Services, Education, and
Related Agencies Appropriations Act, 1997 ([former] 10 U.S.C. 503 note),
or section 983 of title 10, United States Code.''
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