Title 10 — Armed Forces
Part II · Chapter 49 — Miscellaneous Prohibitions and Penalties
§ 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
Statutory text
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—
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
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.
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—
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;
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)—
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
date and place of birth, levels of education, academic majors, degrees received, and the most recent educational institution enrolled in by the student.
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—
the institution (and each subelement of that institution) has ceased the policy or practice described in that subsection; or
the institution of higher education involved has a longstanding policy of pacifism based on historical religious affiliation.
Covered Funds.—
Except as provided in paragraph (2), the limitations established in subsections (a) and (b) apply to the following:
Any funds made available for the Department of Defense.
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.
Any funds made available for the Department of Homeland Security.
Any funds made available for the National Nuclear Security Administration of the Department of Energy.
Any funds made available for the Department of Transportation.
Any funds made available for the Central Intelligence Agency.
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.
Notice of Determinations.—
Whenever the Secretary of Defense makes a determination under subsection (a), (b), or (c), the Secretary—
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
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.
Footnotes
- 1 See References in Text note below.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
National Defense Authorization Act for Fiscal Year 1996
Pub. L. 104–106 div. A title V § 541(a) · 110 Stat. 186
Enacted · 10 U.S.C. § 983
Added Pub. L. 104–106, div. A, title V, § 541(a), Feb. 10, 1996, 110 Stat. 315
Source evidence
Code source credit
Added Pub. L. 104–106, div. A, title V, § 541(a), Feb. 10, 1996, 110 Stat. 315Enacted provision · exact public law section
(a) In General.— Chapter 49 of title 10, United States Code, is amended by adding at the end the following new section: “983. Institutions of higher education that prohibit Senior ROTC units: denial of Department of Defense grants and contracts.”. “(a) Denial of Department of Defense Grants and Contracts.— (1) No funds appropriated or otherwise available to the Department of Defense may be made obligated by contract or by grant (including a grant of funds to be available for student aid) to any institution of higher education that, as determined by the Secretary of Defense, has an anti-ROTC policy and at which, as determined by the Secretary, the Secretary would otherwise maintain or seek to establish a unit of the Senior Reserve Officer Training Corps or at which the Secretary would otherwise enroll or seek to enroll students for participation in a unit of the Senior Reserve Officer Training Corps at another nearby institution of higher education. “(2) In the case of an institution of higher education that is ineligible for Department of Defense grants and contracts by reason of paragraph (1), the prohibition under that paragraph shall cease to apply to that institution upon a determination by the Secretary tnat the institution no longer has an anti-ROTC policy. “(b) Notice of Determination.— Whenever the Secretary makes a determination under subsection (a) that an institution has an anti-ROTC policy, or that an institution previously determined to have an anti-ROTC policy no longer has such a policy, the Secretary— “(1) shall transmit notice of that determination to the Secretary of Education and to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives; and “(2) Federal Register, publication. shall publish in the Federal Register notice of that determination and of the effect of that determination under subsection (a)(1) on the eligibility of that institution for Department of Defense grants ana contracts. “(c) Semiannual Notice in Federal Register.— The Secretary shall publish in the Federal Register once every six months a list of each institution of higher education that is currently ineligible for Department of Defense grants and contracts by reason of a determination of the Secretary under subsection (a). “(d) Anti-ROTC Policy.— In this section, the term ‘anti-ROTC policy’ means a policy or practice of an institution of higher education that— “(1) prohibits, or in effect prevents, the Secretary of Defense from maintaining or establishing a unit of the Senior Reserve Officer Training Corps at that institution, or “(2) prohibits, or in effect prevents, a student at that institution from enrolling in a unit of the Senior Reserve Officer Training Corps at another institution of higher education.”,Pub. L. 106–65 div. A title V § 549(a)(1) · 113 Stat. 512
Amended · 10 U.S.C. § 983
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
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(1) Section 983 of title 10, United States Code, is amended to read as follows: “§ 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 Transportation 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 long-standing 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 Transportation. “(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).”.Homeland Security Act of 2002
Pub. L. 107–296 § 1704(b)(1) · 116 Stat. 2135
Substituted · 10 U.S.C. § 983(b)(1)
Pub. L. 107–296, § 1704(b)(1), substituted “Secretary of Homeland Security” for “Secretary of Transportation”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 107–296, § 1704(b)(1), substituted “Secretary of Homeland Security” for “Secretary of Transportation”.Enacted provision · exact public law section
(1) Title 10, United States Code, is amended in sections 101(9), 130b(a), 130b(c)(4), 130c(h)(1), 379, 513(d), 575(b)(2), 580(e)(6), 580a(e), 651(a), 671(c)(2), 708(a), 716(a), 717, 806(d)(2), 815(e), 888, 946(c)(1), 973(d), 978(d), 983(b)(1), 985(a), 1033(b)(1), 1033(d), 1034, 1037(c), 1044d(f), 1058(c), 1059(a), 1059(k)(1), 1073(a), 1074(c)(1), 1089(g)(2), 1090, 1091(a), 1124, 1143, 1143a(h), 1144, 1145(e), 1148, 1149, 1150(c), 1152(a), 1152(d)(1), 1153, 1175, 1212(a), 1408(h)(2), 1408(h)(8), 1463(a)(2), 1482a(b), 1510, 1552(a)(1), 1565(f), 1588(f)(4), 1589, 2002(a), 2302(1), 2306b(b), 2323(j)(2), 2376(2), 2396(b)(1), 2410a(a), 2572(a), 2575(a), 2578, 2601(b)(4), 2634(e), 2635(a), 2734(g), 2734a, 2775, 2830(b)(2), 2835, 2836, 4745(a), 5013a(a), 7361(b), 10143(b)(2), 10146(a), 10147(a), 10149(b), 10150, 10202(b), 10203(d), 10205(b), 10301(b), 12103(b), 12103(d), 12304, 12311(c), 12522(c), 12527(a)(2), 12731(b), 12731a(e), 16131(a), 16136(a), 16301(g), and 18501 by striking “of Transportation” each place it appears and inserting “of Homeland Security”.Homeland Security Act of 2002
Pub. L. 107–296 § 1704(b)(3) · 116 Stat. 2135
Substituted · 10 U.S.C. § 983(d)(2)(B)
Pub. L. 107–296, § 1704(b)(3), substituted “Department of Homeland Security” for “Department of Transportation”
Source evidence
Code amendment note
Subsec. (d)(2)(B). Pub. L. 107–296, § 1704(b)(3), substituted “Department of Homeland Security” for “Department of Transportation”.Enacted provision · exact public law section
(3) Section 983(d)(2)(B) of such title is amended by striking “Department of Transportation” and inserting “Department of Homeland Security”.Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005
Pub. L. 108–375 § 552(d) · 118 Stat. 1811
Struck · 10 U.S.C. § 983(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
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(d) Conforming Amendments.— Subsections (a) and (b) of such section are amended by striking “(including a grant of funds to be available for student aid)”.Effective date note
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.”Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005
Pub. L. 108–375 § 552(b)(2)(A) · 118 Stat. 1811
Substituted · 10 U.S.C. § 983(b)
Pub. L. 108–375, § 552(b)(2)(A), (d), in introductory provisions, substituted “subsection (d)(1)” for “subsection (d)(2)”
Struck · 10 U.S.C. § 983(b)
Pub. L. 108–375, § 552(b)(2)(A), (d), in introductory provisions, struck out “(including a grant of funds to be available for student aid)” after “by grant”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(A) Subsection (b) of such section is amended by striking “subsection (d)(2)” and inserting “subsection (d)(1)”.Effective date note
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.”Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005
Pub. L. 108–375 § 552(a) · 118 Stat. 1811
Substituted · 10 U.S.C. § 983(b)(1)
Pub. L. 108–375, § 552(a), substituted “access to campuses” for “entry to campuses”
Inserted · 10 U.S.C. § 983(b)(1)
Pub. L. 108–375, § 552(a), 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”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(a) Equal Treatment of Military Recruiters With Other Recruiters.— Subsection (b)(1) of section 983 of title 10, United States Code, is amended— (1) by striking “entry to campuses” and inserting “access to campuses”; and (2) by inserting before the semicolon at the end the following: “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”.Effective date note
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.”Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005
Pub. L. 108–375 § 552(b)(1)(A)(i) · 118 Stat. 1811
Substituted · 10 U.S.C. § 983(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”
Substituted · 10 U.S.C. § 983(d)(1)
Pub. L. 108–375, § 552(b)(1)(A)(i), (c)(1), in introductory provisions, substituted “limitations established in subsections (a) and (b) apply” for “limitation established in subsection (a) applies”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(i) by striking “limitation established in subsection (a) applies” and inserting “limitations established in subsections (a) and (b) apply”;Effective date note
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.”Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005
Pub. L. 108–375 § 552(b)(1)(A)(ii) · 118 Stat. 1811
Inserted · 10 U.S.C. § 983(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”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(ii) in subparagraph (B), by inserting “for any department or agency for which regular appropriations are made” after “made available”; andEffective date note
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.”Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005
Pub. L. 108–375 § 552(b)(1)(A)(iii) · 118 Stat. 1811
Added · 10 U.S.C. § 983(d)(1)(C)(F)
Pub. L. 108–375, § 552(b)(1)(A)(iii), added subpars. (C) to (F)
Source evidence
Code amendment note
Subsec. (d)(1)(C) to (F). Pub. L. 108–375, § 552(b)(1)(A)(iii), added subpars. (C) to (F).Enacted provision · exact public law section
(iii) by adding at the end the following new subparagraphs: “(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.” ; andEffective date note
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.”Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005
Pub. L. 108–375 § 552(b)(1)(B) · 118 Stat. 1811
Added · 10 U.S.C. § 983(d)(2)
Pub. L. 108–375, § 552(b)(1)(B), (c)(2), added par. (2)
Struck · 10 U.S.C. § 983(d)(2)
Pub. L. 108–375, § 552(b)(1)(B), (c)(2), struck out former par. (2) which read as follows: “The limitation established in subsection (b) applies to the following:
Source evidence
Code amendment note
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.”
Enacted provision · exact public law section
(B) by striking paragraph (2).Effective date note
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.”Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005
Pub. L. 108–375 § 552(b)(2)(B) · 118 Stat. 1811
Inserted · 10 U.S.C. § 983(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”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(B) Subsection (e) of such section is amended by inserting “, to the head of each other department and agency the funds of which are subject to the determination,” after “Secretary of Education”.Effective date note
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.”National Defense Authorization Act for Fiscal Year 2012
Pub. L. 112–81 div. A title X § 1061(11) · 125 Stat. 1298
Substituted · 10 U.S.C. § 983(e)(1)
Pub. L. 112–81 substituted “Secretary of Education and” for “Secretary of Education,”
Struck · 10 U.S.C. § 983(e)(1)
Pub. L. 112–81 struck out “, and to Congress” after “determination”
Source evidence
Code amendment note
Subsec. (e)(1). Pub. L. 112–81 substituted “Secretary of Education and” for “Secretary of Education,” and struck out “, and to Congress” after “determination”.Enacted provision · exact public law section
(11) Section 983(e)(1) is amended— (A) by striking the comma after “Secretary of Education” and inserting “and”; and (B) by striking “, and to Congress”.National Defense Authorization Act for Fiscal Year 2013
Pub. L. 112–239 § 1076(f)(10) · 126 Stat. 1632
Substituted · 10 U.S.C. § 983(b)(1)
Pub. L. 112–239, § 1076(f)(10), substituted “or the Secretary” for “or Secretary”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 112–239, § 1076(f)(10), substituted “or the Secretary” for “or Secretary”.Enacted provision · exact public law section
(10) Section 983(b)(1) is amended by striking “or Secretary” and inserting “or the Secretary”.National Defense Authorization Act for Fiscal Year 2013
Pub. L. 112–239 § 586 · 126 Stat. 1632
Struck · 10 U.S.C. § 983(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).”
Source evidence
Code amendment note
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).”Enacted provision · exact public law section
SEC. 586. MODIFICATION OF REQUIREMENT FOR REPORTS IN FEDERAL REGISTER ON INSTITUTIONS OF HIGHER EDUCATION INELIGIBLE FOR CONTRACTS AND GRANTS FOR DENIAL OF ROTC OR MILITARY RECRUITER ACCESS TO CAMPUS. Section 983 of title 10, United States Code, is amended by striking subsection (f).William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 div. A title V § 521(b) · 134 Stat. 3388
Substituted · 10 U.S.C. § 983(b)(2)(A)
Pub. 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”
Source evidence
Code amendment note
Subsec. (b)(2)(A). Pub. 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”.Enacted provision · exact public law section
(b) Institutions of Higher Education.— Section 983(b)(2)(A) of such title is amended by striking “and telephone listings” and inserting “electronic mail addresses (which shall be the electronic mail addresses provided by the institution, if available), and telephone listings”.National Defense Authorization Act for Fiscal Year 2024
Pub. L. 118–31 § 543(1) · 137 Stat. 136
Substituted · 10 U.S.C. § 983(b)(1)
Pub. L. 118–31, § 543(1), substituted “employer;” for “employer; or”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 118–31, § 543(1), substituted “employer;” for “employer; or”.Enacted provision · exact public law section
(1) in paragraph (1), by striking “; or” and inserting a semicolon;National Defense Authorization Act for Fiscal Year 2024
Pub. L. 118–31 § 543(2)(A) · 137 Stat. 136
Substituted · 10 U.S.C. § 983(b)(2)
Pub. L. 118–31, § 543(2)(A), (B), in introductory provisions, substituted “, with respect” for “to the following information pertaining”
Substituted · 10 U.S.C. § 983(b)(2)
Pub. L. 118–31, § 543(2)(A), (B), in introductory provisions, substituted “institution)—” for “institution):”
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 118–31, § 543(2)(A), (B), in introductory provisions, substituted “, with respect” for “to the following information pertaining” and “institution)—” for “institution):”.Enacted provision · exact public law section
(A) by striking “to the following information pertaining” and inserting “, with respect”;National Defense Authorization Act for Fiscal Year 2024
Pub. L. 118–31 § 543(2)(C) · 137 Stat. 136
Substituted · 10 U.S.C. § 983(b)(2)(A)
Pub. L. 118–31, § 543(2)(C), substituted “names” for “Names”
Substituted · 10 U.S.C. § 983(b)(2)(A)
Pub. L. 118–31, § 543(2)(C), substituted “telephone listings, which information shall be made available not later than the 60th day following the date of a request; and” for “telephone listings.”
Source evidence
Code amendment note
Subsec. (b)(2)(A). Pub. 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.”.Enacted provision · exact public law section
(C) in subparagraph (A)— (i) by striking “Names” and inserting “names”; and (ii) by striking “telephone listings.” and inserting “telephone listings, which information shall be made available not later than the 60th day following the date of a request; and”; andNational Defense Authorization Act for Fiscal Year 2024
Pub. L. 118–31 § 543(2)(D) · 137 Stat. 136
Substituted · 10 U.S.C. § 983(b)(2)(B)
Pub. L. 118–31, § 543(2)(D), substituted “date” for “Date”
Source evidence
Code amendment note
Subsec. (b)(2)(B). Pub. L. 118–31, § 543(2)(D), substituted “date” for “Date”.Enacted provision · exact public law section
(D) in subparagraph (B), by striking “Date” and inserting “date”.
27 of 27 references resolved to an enrolled provision
Editorial Notes
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), , 124 Stat. 3516.
Prior Provisions
Provisions similar to those in this section were contained in Pub. L. 103–337, div. A, title V, § 558, , 108 Stat. 2776, as amended, and Pub. L. 104–208, div. A, title I, § 101(e) [title V, § 514], , 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).
Amendments1999–2023 · 7 rounds
2023
Subsec. (b)(1). Pub. L. 118–31, § 543(1), substituted “employer;” for “employer; or”.
Subsec. (b)(2). Pub. L. 118–31, § 543(2)(A), (B), in introductory provisions, substituted “, with respect” for “to the following information pertaining” and “institution)—” for “institution):”.
Subsec. (b)(2)(A). Pub. 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. (b)(2)(B). Pub. L. 118–31, § 543(2)(D), substituted “date” for “Date”.
2021
Subsec. (b)(2)(A). Pub. 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. (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.
Statutory Notes and Related Subsidiaries
Effective Date of 2004 Amendment
Pub. L. 108–375, div. A, title V, § 552(f), , 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, , 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), , 118 Stat. 1912.
Credits
1996–2023 · 8 acts
- 1996Added Pub. L. 104–106, div. A, title V, § 541(a), , 110 Stat. 315
- 1999amended Pub. L. 106–65, div. A, title V, § 549(a)(1), , 113 Stat. 609
- 2002Pub. L. 107–296, title XVII, § 1704(b)(1), (3), , 116 Stat. 2314
- 2004Pub. L. 108–375, div. A, title V, § 552(a)–(d), , 118 Stat. 1911, 1912
- 2011Pub. L. 112–81, div. A, title X, § 1061(11), , 125 Stat. 1583
- 2013Pub. L. 112–239, div. A, title V, § 586, title X, § 1076(f)(10), , 126 Stat. 1768, 1952
- 2021Pub. L. 116–283, div. A, title V, § 521(b), , 134 Stat. 3597
- 2023Pub. L. 118–31, div. A, title V, § 543, , 137 Stat. 265.
Show as published
(Added Pub. L. 104–106, div. A, title V, § 541(a), , 110 Stat. 315; amended Pub. L. 106–65, div. A, title V, § 549(a)(1), , 113 Stat. 609; Pub. L. 107–296, title XVII, § 1704(b)(1), (3), , 116 Stat. 2314; Pub. L. 108–375, div. A, title V, § 552(a)–(d), , 118 Stat. 1911, 1912; Pub. L. 112–81, div. A, title X, § 1061(11), , 125 Stat. 1583; Pub. L. 112–239, div. A, title V, § 586, title X, § 1076(f)(10), , 126 Stat. 1768, 1952; Pub. L. 116–283, div. A, title V, § 521(b), , 134 Stat. 3597; Pub. L. 118–31, div. A, title V, § 543, , 137 Stat. 265.)