FAR 9.110-3—Policy.
Plain-English Summary
FAR 9.110-3 states the policy implementing 10 U.S.C. 983, which restricts the covered agency from providing contract funds to an institution of higher education when the Secretary of Defense determines that the institution has a policy or practice that blocks or effectively prevents certain military access. The section covers four specific areas of prohibited interference: establishing, maintaining, or operating a Senior ROTC unit on campus; allowing a student to enroll in Senior ROTC at another institution; providing military recruiters access to campuses and to students age 17 or older on terms at least equal in quality and scope to access given to other employers; and providing military recruiters access to specified student information, including name, address, telephone listings, date and place of birth, educational level, academic major, degrees received, and most recent educational institution attended. It also explains the two exceptions to the funding prohibition: when the Secretary of Defense determines the institution has stopped the offending policy or practice, or when the institution has a long-standing policy of pacifism based on historical religious affiliation. In practice, this section matters because it can make an institution ineligible for covered federal contract funding if it restricts military recruiting or ROTC access in the prohibited ways. Contracting officers and agencies must be alert to eligibility issues before awarding covered funds, and institutions of higher education must understand that campus access and student information policies can directly affect federal contracting eligibility.
Key Rules
Funding prohibition applies
Except for the stated exceptions, the covered agency may not provide contract funds to an institution of higher education if the Secretary of Defense determines the institution has a policy or practice that triggers the statute. The rule is eligibility-based: the institution’s conduct can bar receipt of covered federal contract funds.
ROTC access must not be blocked
An institution may not maintain a policy or practice that prohibits or effectively prevents the Secretary of a military department from establishing, maintaining, or operating a Senior ROTC unit on campus. The prohibition covers both direct denial and practical barriers that have the same effect.
Cross-campus ROTC enrollment must be allowed
The institution may not prevent a student from enrolling in a Senior ROTC unit at another institution of higher education. This protects student access to ROTC opportunities even when the home institution does not host a unit.
Military recruiting access must be equal
The institution may not deny the Secretary of a military department or the Secretary of Homeland Security campus access, or access to students age 17 or older, for recruiting purposes in a manner that is less than equal in quality and scope to access provided to any other employer. The standard is parity with other employers, not merely nominal access.
Required student information must be available
The institution may not block military recruiters from obtaining certain information about students age 17 or older, including name, address, telephone listings, date and place of birth, educational level, academic majors, degrees received, and the most recent educational institution attended. The rule focuses on access to specified directory-type information for recruiting purposes.
Exceptions can restore eligibility
The funding prohibition does not apply if the Secretary of Defense determines the institution has ceased the offending policy or practice, or if the institution has a long-standing policy of pacifism based on historical religious affiliation. These exceptions are narrow and depend on a formal determination.
Responsibilities
Institution of Higher Education
Must not adopt or continue policies or practices that block or effectively prevent Senior ROTC access, student enrollment in ROTC at another institution, equal-quality recruiting access, or access to the specified student information. If it wants to remain eligible for covered contract funds, it must remove any disqualifying policy or practice or establish that it qualifies for the pacifism-based exception.
Secretary of Defense
Must determine whether an institution has a policy or practice that triggers the statutory prohibition and whether an exception applies. This determination is the key eligibility trigger for the funding restriction.
Covered Agency
Must not provide contract funds to a disqualified institution of higher education when the Secretary of Defense has made the adverse determination, unless an exception applies. The agency must ensure award decisions comply with the prohibition.
Contracting Officer
Must verify institutional eligibility before awarding covered contract funds and avoid making awards when the prohibition applies. The contracting officer should coordinate with legal or policy officials if there is any indication that the institution may be subject to a Defense determination.
Military Recruiters and ROTC Officials
May seek campus access, student access, ROTC establishment or operation, and the specified student information consistent with the statute. Their role is to use the access rights protected by the rule and report barriers that may indicate a disqualifying policy or practice.
Practical Implications
This section can affect award eligibility, not just program administration, so contracting officers should treat it as a pre-award responsibility when the offeror is an institution of higher education.
A common pitfall is assuming that partial or informal access is enough; the rule requires access to be at least equal in quality and scope to that given to other employers.
Institutions should review campus recruiting policies, ROTC agreements, and student information release practices to ensure they do not create an effective barrier, even if the policy is not expressly anti-military.
The exceptions are narrow and depend on a Defense determination, so an institution should not assume it qualifies without confirmation.
Because the rule turns on a Secretary of Defense determination, agencies should not make their own independent eligibility judgments in place of the required determination; they should confirm the official status before award.
Official Regulatory Text
(a) Except as provided in paragraph (b) of this section, 10 U.S.C. 983 prohibits the covered agency from providing funds by contract 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 access to campuses, or access to students (who are 17 years of age or older) on campuses, for purposes of military recruiting 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 (4) Military recruiters from accessing certain information pertaining to students (who are 17 years of age or older) enrolled at that institution: (i) Name, address, and telephone listings. (ii) Date and place of birth, educational level, academic majors, degrees received, and the most recent educational institution enrolled in by the student. (b) The prohibition in paragraph (a) of this section does not apply to an institution of higher education if the Secretary of Defense determines that— (1) The institution has ceased the policy or practice described in paragraph (a) of this section; or (2) The institution has a long-standing policy of pacifism based on historical religious affiliation.