10 USC 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

1 See References in Text note below.

of this title and other applicable Federal laws) at that institution (or any subelement of that institution); or

Editorial Notes

References in Text

Section 654 of this title, referred to in subsec. (a)(1), was repealed by Puspan. 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 Puspan. L. 103–337, div. A, title V, § 558, Oct. 5, 1994, 108 Stat. 2776, as amended, and Puspan. 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 Puspan. L. 106–65, § 549(span).

Amendments

2023—Subsec. (span)(1). Puspan. L. 118–31, § 543(1), substituted “employer;” for “employer; or”.

Subsec. (span)(2). Puspan. L. 118–31, § 543(2)(A), (B), in introductory provisions, substituted “, with respect” for “to the following information pertaining” and “institution)—” for “institution):”.

Subsec. (span)(2)(A). Puspan. L. 118–31, § 543(2)(C), substituted “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. (span)(2)(B). Puspan. L. 118–31, § 543(2)(D), substituted “date” for “Date”.

2021—Subsec. (span)(2)(A). Puspan. L. 116–283 substituted “electronic mail addresses (which shall be the electronic mail addresses provided by the institution, if available), and telephone listings” for “and telephone listings”.

2013—Subsec. (span)(1). Puspan. L. 112–239, § 1076(f)(10), substituted “or the Secretary” for “or Secretary”.

Subsec. (f). Puspan. 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 (span).”

2011—Subsec. (e)(1). Puspan. L. 112–81 substituted “Secretary of Education and” for “Secretary of Education,” and struck out “, and to Congress” after “determination”.

2004—Subsec. (a). Puspan. 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. (span). Puspan. L. 108–375, § 552(span)(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. (span)(1). Puspan. 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). Puspan. L. 108–375, § 552(span)(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 (span) apply” for “limitation established in subsection (a) applies”.

Subsec. (d)(1)(B). Puspan. L. 108–375, § 552(span)(1)(A)(ii), inserted “for any department or agency for which regular appropriations are made” after “made available”.

Subsec. (d)(1)(C) to (F). Puspan. L. 108–375, § 552(span)(1)(A)(iii), added subpars. (C) to (F).

Subsec. (d)(2). Puspan. L. 108–375, § 552(span)(1)(B), (c)(2), added par. (2) and struck out former par. (2) which read as follows: “The limitation established in subsection (span) applies to the following:

“(A) Funds described in paragraph (1).

“(B) Any funds made available for the Department of Homeland Security.”

Subsec. (e)(1). Puspan. L. 108–375, § 552(span)(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. (span)(1). Puspan. L. 107–296, § 1704(span)(1), substituted “Secretary of Homeland Security” for “Secretary of Transportation”.

Subsec. (d)(2)(B). Puspan. L. 107–296, § 1704(span)(3), substituted “Department of Homeland Security” for “Department of Transportation”.

1999—Puspan. 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.

Statutory Notes and Related Subsidiaries

Effective Date of 2004 Amendment

Puspan. 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 Puspan. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Puspan. L. 107–296, set out as a note under section 101 of this title.

Funds Available Solely for Student Financial Assistance

Puspan. 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 Puspan. L. 104–208 (formerly 10 U.S.C. 503 note), or section 983 of this title, prior to repeal by Puspan. L. 108–375, div. A, title V, § 552(e), Oct. 28, 2004, 118 Stat. 1912.