US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 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)
1
1 See References in Text note below.
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 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;
(2)
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)—
(A)
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
(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 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.

Pub. L. 104–106, div. A, title V, § 541(a)110 Stat. 315Pub. L. 106–65, div. A, title V, § 549(a)(1)113 Stat. 609Pub. L. 107–296, title XVII, § 1704(b)(1)116 Stat. 2314Pub. L. 108–375, div. A, title V, § 552(a)118 Stat. 1911Pub. L. 112–81, div. A, title X, § 1061(11)125 Stat. 1583Pub. L. 112–239, div. A, title V, § 586126 Stat. 1768Pub. L. 116–283, div. A, title V, § 521(b)134 Stat. 3597Pub. L. 118–31, div. A, title V, § 543137 Stat. 265(Added , , ; amended , , ; , (3), , ; –(d), , , 1912; , , ; , title X, § 1076(f)(10), , , 1952; , , ; , , .)

Editorial Notes

References in Text

Section 654 of this titlePub. L. 111–321, § 2(f)(1)(A)124 Stat. 3516, referred to in subsec. (a)(1), was repealed by , , .

Prior Provisions

Pub. L. 103–337, div. A, title V, § 558108 Stat. 2776Pub. L. 104–208, div. A, title I, § 101(e) [title V, § 514]110 Stat. 3009–233section 503 of this titlePub. L. 106–65, § 549(b)Provisions similar to those in this section were contained in , , , as amended, and , , , 3009–270, which were set out as notes under , prior to repeal by .

Amendments

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

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

Pub. L. 118–31, § 543(2)(C)Subsec. (b)(2)(A). , 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.”.

Pub. L. 118–31, § 543(2)(D)Subsec. (b)(2)(B). , substituted “date” for “Date”.

Pub. L. 116–2832021—Subsec. (b)(2)(A). substituted “electronic mail addresses (which shall be the electronic mail addresses provided by the institution, if available), and telephone listings” for “and telephone listings”.

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

Pub. L. 112–239, § 586Subsec. (f). , 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).”

Pub. L. 112–812011—Subsec. (e)(1). substituted “Secretary of Education and” for “Secretary of Education,” and struck out “, and to Congress” after “determination”.

Pub. L. 108–375, § 552(d)2004—Subsec. (a). , struck out “(including a grant of funds to be available for student aid)” after “by grant” in introductory provisions.

Pub. L. 108–375, § 552(b)(2)(A)Subsec. (b). , (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”.

Pub. L. 108–375, § 552(a)Subsec. (b)(1). , 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”.

Pub. L. 108–375, § 552(b)(1)(A)(i)Subsec. (d)(1). , (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”.

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

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

Pub. L. 108–375, § 552(b)(1)(B)Subsec. (d)(2). , (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.”

Pub. L. 108–375, § 552(b)(2)(B)Subsec. (e)(1). , inserted “, to the head of each other department and agency the funds of which are subject to the determination,” after “Secretary of Education”.

Pub. L. 107–296, § 1704(b)(1)2002—Subsec. (b)(1). , substituted “Secretary of Homeland Security” for “Secretary of Transportation”.

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

Pub. L. 106–651999— 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

“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.”
, , , provided that:

Effective Date of 2002 Amendment

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

Funds Available Solely for Student Financial Assistance

Pub. L. 106–79, title VIII, § 8120113 Stat. 1260Pub. L. 104–20810 U.S.C. 503section 983 of this titlePub. L. 108–375, div. A, title V, § 552(e)118 Stat. 1912, , , 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 (formerly note), or , prior to repeal by , , .