110 STAT. 3009-271 PUBLIC LAW 104-208—SEPT. 30, 1996 (2) a student at the covered educational entity from enrolling in a unit of the Senior Reserve Officer Training Corps at another institution of higher education. (b) DENIAL OF FUNDS FOR PREVENTING FEDERAL MILITARY RECRUITING ON CAMPUS. — None of the funds made available in this or any other Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act for any fiscal year may be provided by contract or by grant (including a grant of funds to be available for student aid) to a covered educational entity if the Secretary of Defense determines that the covered educational entity has a policy or practice (regardless of when implemented) that either prohibits, or in effect prevents— (1) entry to campuses, or access to students (who are 17 years of age or older) on campuses, for purposes of Federal military recruiting; or (2) access by military recruiters for purposes of Federal military recruiting to the following information pertaining to students (who are 17 years of age or older) enrolled at the covered educational entity: (A) student names, addresses, and telephone listings; and (B) if known, student ages, levels of education, and majors. (c) EXCEPTIONS. — The limitation established in subsection (a) or (b) shall not apply to a covered educational entity if the Secretary of Defense determines that— (1) the covered educational entity has ceased the policy or practice described in such subsection; (2) the institution of higher education involved has a longstanding policy of pacifism based on historical religious affiliation; or (3) the institution of higher education involved is prohibited by the law of any State, or by the order of any State court, from allowing Senior Reserve Officer Training Corps activities or Federal military recruiting on campus, except that this paragraph shall apply only during the one-year period beginning on the effective date of this section. (d) 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 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 covered educational entity for contracts and grants. (e) SEMIANNUAL NOTICE IN FEDERAL REGISTER. —The Secretary of Defense shall publish in the Federal Register once every 6 months a list of each covered educational entity that is currently ineligible for contracts and grants by reason of a determination of the Secretary under subsection (a) or (b). (f) COVERED EDUCATIONAL ENTITY.— For purposes of this section, the term "covered educational entity" means an institution of higher education, or a subelement of an institution of higher education. (g) EFFECTIVE DATE. —T his section shall take effect upon the expiration of the 180-day period beginning on the date of the enactment of this Act, by which date the Secretary of Defense shall
�
