Solomon Amendment

[BLUEHAWK]

Offered by "Sir Blue" not for debate, but solely for the sake of information:

Essentially, here is what happened...

Some years back, certain American colleges (most notably NYU, UC Berkeley and Stanford et al) made up their minds that they would not "permit" anyone to recruit from among their Law graduates if the group had any discriminatory policy about hiring homosexuals... which, of course, would have presumptively included the US military. As a result, both ROTC and military recruitment became prohibited on many campuses, as their administrations capitulated to the inexorable squeaky wheel.

In order to fight back, the Solomon Amendment was offered, a text of which is shown here.

Guess what happened... suhprise suhprise suhprise, STOP THE PRESSES!

All of a sudden, gay rights became secondary to receiving federal funding

You be the judge.




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:



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.''