Standards and requirements for institutions of higher learning seeking to participate in Department of Defense education programs

(a) Prohibition on categorical restrictions Except as provided in subsection (c), the Secretary of Defense may not, by any policy or other action— (1) prohibit or otherwise restrict the Department of Defense or the military departments from permitting servicemembers to participate in an eligible program at an eligible institution of higher education, as a means to complete an eligible program, including any constituent subsidiary or subelement of such institution, regardless of the source of funds used by the member to pay tuition, fees, or related expenses; or (2) deny covered funds to members of the Armed Forces who are otherwise eligible for such assistance, or deny covered support to any such member, on the basis that the member has applied to, enrolled in, attends, or has completed an eligible program at an eligible institution of higher education, including any constituent subsidiary or subelement of such institution. (b) Definitions In this section: (1) Covered funds The term covered funds means any program, appropriation, or other authority of the Department of Defense to pay, reimburse, or otherwise provide financial assistance for education or training of members of the Armed Forces, including under section 2007 of title 10, United States Code, and any successor authority. (2) Covered support The term covered support means any Department of Defense funding or facilitation of a member’s participation in education or training conducted in whole or in part at an institution of higher education, whether full-time or part-time, other than professional military education programs conducted by the Department of Defense. (3) Eligible institution of higher education defined The term eligible institution of higher education means an institution that— (A) is accredited, and maintains accreditation in good standing, by an accrediting agency or association recognized by the Secretary of Education under part H of title IV of the Higher Education Act of 1965 (20 U.S.C. 1099b et seq.); and (B) (i) operates a program authorized in section 2006a(a) of title 10, United States Code; or (ii) offers or administers an eligible program under paragraph (4). (4) Eligible program The term eligible program means— (A) an educational program authorized by law and established by the Department of Defense under which the Department is authorized to provide covered funds or covered support; or (B) a fellowship, scholarship, degree, certificate, medical residency, grant, or other training or education program in which members of the Armed Forces are authorized to participate that is funded through— (i) covered funds; (ii) personal funds; (iii) authorized outside fellowships, scholarships, or grants; or (iv) any combination of sources described in clauses (i) though (iii). (c) Limited exceptions for cause; termination or suspension of institutional eligibility (1) In general The Secretary may restrict attendance under subsection (a)(1), or suspend or terminate the availability of covered funds or covered support under subsection (a)(2), with respect to an otherwise eligible institution of higher education if— (A) the institution has materially failed to comply with specific terms of a memorandum of understanding, contract, or other educational partnership agreement applicable to the eligible program; (B) the restriction, suspension, or termination is required to address a specific, articulable national security risk; (C) the restriction, suspension, or termination is required by a provision of Federal law or is undertaken upon mutual written agreement between the Department and the institution; or (D) the institution has been convicted of, or has been the subject of a final civil judgment that the institution violated— (i) the Arms Export Control Act (22 U.S.C. 2751 et seq.) or regulations issued thereunder; (ii) the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.) or regulations issued thereunder; (iii) the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) or regulations issued thereunder; or (iv) Section 1831 of title 18, United States Code (economic espionage). (2) Least disruptive means; prospective application Any action under paragraph (1) shall be narrowly tailored and implemented using the least disruptive means practicable, including to the maximum extent practicable, applying such action prospectively and permitting enrolled students to finish their current course of study. (d) Notice In the event that the Secretary believes that a for cause exception has been triggered under subsection (c), the Secretary shall provide for the following: (1) Not later than 90 days before the proposed termination date, the Secretary shall provide to the Committees on Armed Services of the Senate and the House of Representatives and the affected institution written notification, including— (A) the proposed termination date; and (B) the factual basis for suspension or termination under subsection (c). (2) The Secretary shall provide an opportunity for the institution to appeal or dispute the findings and cure any material deficiencies in the written notification within 30 days of receipt of such notification. If at any point the institution demonstrates that they have cured the issue, the Secretary shall re-evaluate the suspension or termination and determine whether the institution has addressed the material deficiencies. (e) Rule of construction Participation in Department of Defense education programs and activities by institutions of higher education shall be determined based on institution-agnostic eligibility requirements and objective criteria. Nothing in this section shall be construed— (1) to permit the Secretary to disqualify an institution of higher education from participating in Department of Defense education or training programs or activities on the basis of— (A) an institution of higher education’s First Amendment rights or its protection of student free speech and association rights under section 112 of the Higher Education Act of 1965 (20 U.S.C. 1011a.); or (B) an institution of higher education’s religious character or affiliation; (2) to require the Secretary of Defense to approve any individual request for covered funds or covered support where the member or the institution of higher education does not meet program-wide, institution-agnostic eligibility or selection requirements; (3) to restrict the Secretary’s ability to establish institution-agnostic program guidelines, eligibility criteria, or funding caps on covered support programs that are not otherwise inconsistent with this section; (4) to limit the ability of the Secretary of Defense or the Secretaries of the military departments from entering into program agreements with eligible institutions of higher education to carry out educational programs authorized in law; or (5) create an entitlement for servicemembers to refuse orders otherwise issued in the due course of normal detailing processes or for military necessity. (f) Exclusion The prohibitions in subsection (a) do not apply to an institution of higher education that operates for profit.