[Code of Federal Regulations]

[Title 48, Volume 7]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR3009.470-2]



[Page 74]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

     CHAPTER 30--DEPARTMENT OF HOMELAND SECURITY, HOMELAND SECURITY 

                      ACQUISITION REGULATION (HSAR)

 

PART 3009_CONTRACTOR QUALIFICATIONS--Table of Contents

 

         Subpart 3009.4_Debarment, Suspension, and Ineligibility

 

Sec. 3009.470-2  Policy.



    (a) Except as provided in paragraph (b) of this subsection, 10 

U.S.C. 983 prohibits the Department of Homeland Security from providing 

funds by contract or grant to an institution of higher education if the 

Secretary of Defense determines that the institution has a policy or 

practice that 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;

    (2) A student at that institution from enrolling in a unit of the 

Senior ROTC at another institution of higher education;

    (3) The Secretary of a military department or the Secretary of 

Homeland Security from gaining entry to campuses, or access to students 

on campuses, for purposes of military recruiting; or

    (4) Military recruiters from accessing certain information 

pertaining to students enrolled at that institution.

    (b) The prohibition in paragraph (a) of this subsection does not 

apply to an institution of higher education if the Secretary of Defense 

determines that--

    (1) The institution (and each subelement of that institution) has 

ceased the policy or practice described in paragraph (a) of this 

subsection; or

    (2) The institution involved has a long-standing policy of pacifism 

based on historical religious affiliation.