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Exclusion reference

Declared ineligible

Code I1
Declared ineligible based on a finding by the Principal Deputy Under Secretary of Defense for Personnel and Readiness, under 10 U.S.C. 983, as amended by Section 552 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (P.L. 108-375) and 32 CFR Part 216, that the institution of higher education (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 (ROTC) 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 ROTC at another institution of higher education; or (2) the Secretary of a Military Department or Secretary of Homeland Security, for military recruiting purposes, from gaining access to their campuses or access to their students on campus 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 access to student-recruiting information. Listed institutions of higher education are ineligible to receive the following funds (hereafter referred to as “affected agencies’ funds”) through any Federal contract, grant, or cooperative agreement: any funds made available for the Departments of Defense, Transportation, Homeland Security, Energy (National Nuclear Security Administration), the Central Intelligence Agency, or for any department or agency in which regular appropriations are made in the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act. Related Agencies refers to the Armed Forces Retirement Home, the Corporation for National and Community Service, the Corporation for Public Broadcasting, the Federal Mediation and Conciliation Service, the Federal Mine Safety and Health Review Commission, the National Commission on Libraries and Information Science, the National Council on Disability, the National Education Goals Panel, the National Labor Relations Board, the National Mediation Board, the Occupational Safety and Health Review Commission, the Social Security Administration, the Railroad Retirement Board and the United States Institute of Peace. Therefore, no Federal agency may: (1) award any contract, grant, or cooperative agreement using affected agencies’ funds to a listed institution of higher education; (2) obligate additional affected agency funds (e.g., through an incremental funding action) for an existing contract, grant, or cooperative agreement to such an institution; (3) consent to any subcontract or subaward of affected agencies’ funds to such an institution under any contract, grant, or cooperative agreement, if such subcontract or subaward requires the agency’s consent; or (4) make any further payment of affected agencies’ funds under any existing contracts, grants or cooperative agreements, once an institution has been determined to be ineligible. Exception: Any federal funding 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 funding is provided. Contact the Office of Under Secretary of Defense for Personnel and Readiness, Military Personnel Policy if you need specific information concerning listed parties.

Historical guidance: legal citations and thresholds may have changed. Check the current rule and issuing agency.

Record identifierlegacy-i1