(a)
(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)
(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; 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)
(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)
(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)
(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.
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 contained 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 section 503 of this title, prior to repeal by Pub. L. 106–65, §549(b).
Amendments
2013—Subsec. (b)(1). Pub. L. 112–239, §1076(f)(10), substituted "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 subsection (a) or (b)."
2011—Subsec. (e)(1). Pub. L. 112–81 substituted "Secretary of Education and" for "Secretary of Education," and struck out ", and to Congress" after "determination".
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 introductory 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 inserted 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 employer".
Subsec. (d)(1). Pub. L. 108–375, §552(b)(1)(A)(i), (c)(1), in introductory provisions, substituted "Except as provided in paragraph (2), the" for "The" and "limitations established in subsections (a) and (b) apply" for "limitation established in subsection (a) applies".
Subsec. (d)(1)(B). Pub. L. 108–375, §552(b)(1)(A)(ii), inserted "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), substituted "Secretary of Homeland Security" for "Secretary of Transportation".
Subsec. (d)(2)(B). Pub. L. 107–296, §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 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 provisions 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 thereafter, any Federal grant of funds to an institution of higher education to be available solely for student financial 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 (formerly 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.
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