SOLOMON AMENDMENT

The 1996 Solomon Amendment provides for the Secretary of Defense to deny federal funding to institutions of higher learning if they prohibit or prevent ROTC or military recruitment on campus.

This law has been codified in 10 USC Sec. 983. Version in effect as of Jan 2000 shown here.

Note: This law was amended, effective FY2005. Current law is available at this page.


 
                         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 
    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 
    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 
    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).

(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.)

                            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

    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.

         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.''