I 108th CONGRESS 2d Session H. R. 3966 IN THE HOUSE OF REPRESENTATIVES March 12, 2004 Mr. Rogers of Alabama (for himself, Mr. Cox, Mr. Hunter, Mr. Boehner, Mr. Pickering, Mr. Wilson of South Carolina, Mr. Kennedy of Minnesota, Mr. Calvert, Mr. King of Iowa, Mr. Bartlett of Maryland, Mr. Souder, Mr. Culberson, Mr. English, Mr. Akin, Mr. Kolbe, Mr. Pearce, Mr. Rohrabacher, Mr. Toomey, and Ms. Harris) introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend title 10, United States Code, and the Homeland Security Act of 2002 to improve the ability of the Department of Defense to establish and maintain Senior Reserve Officer Training Corps units at institutions of higher education, to improve the ability of students to participate in Senior ROTC programs, and to ensure that institutions of higher education provide military recruiters entry to campuses and access to students that is at least equal in quality and scope to that provided to any other employer.

1.

Short title

This Act may be cited as the &short-title1;.

2.

Findings

Congress makes the following findings: (1)The Reserve Officers Training Corps (ROTC) program is the most common path for undergraduates to become United States military officers. (2)The inclusion of both public and private undergraduate institutions in the ROTC program insures a more racially, ethnically, and socially diverse pool for leadership in the higher ranks of the Armed Forces. (3)The majority of both minority officers and female officers in the Armed Forces are acquired through undergraduate ROTC programs. (4)The presence of ROTC programs on college campuses benefits even those students who are not enrolled by making them aware of the presence and role of the United States military. (5)Land-grant colleges received land from the United States on the condition that they offer some military instruction in addition to their regular curriculum, forming the basis for the Nation’s tradition of college and university acceptance of responsibility to contribute to the Nation’s readiness. (6)The Armed Forces face a constant challenge in recruiting top-quality personnel that ROTC programs are ideally suited to meet. (7)Military recruiters should have access to college campuses and to college students equal in quality and scope to that provided all other employers. (8)If any college or university discriminates against ROTC programs or military recruiters, then under current law that college or university becomes ineligible for certain Federal taxpayer support, especially funding for many military and defense programs. (9)The personnel and programs of the Department of Homeland Security and the Department of Energy are mutually dependent upon a high caliber of well-educated, professional leadership in the Armed Forces in order to protect the people and territory of the United States. (10)In order to more fully promote the ability of the Nation's Armed Forces to recruit on college campuses and to facilitate the ability of students to participate in ROTC programs on campus, the laws to prevent discrimination against ROTC and military recruiters should be updated.

3.

Prohibition on provision of homeland security-related funding to post-secondary schools that prevent ROTC access or military recruiting on campus

(a)

In general

The Homeland Security Act of 2002 (Public Law 107–296; 6 U.S.C. 101 et seq.) is amended by adding at the end the following new title: . (b)

Clerical amendment

The table of contents in section 1(b) of such Act is amended by adding at the end the following new items: TITLE XVIII—ADDITIONAL PROVISIONS 1801. Prohibition of funds being provided to institutions of higher education that prevent ROTC access or military recruiting on campus.

4.

Certification of compliance with ROTC access provisions

Subsection (a) of section 983 of title 10, United States Code, is amended— (1)by inserting (1) before No funds; (2)by striking prevents— and inserting prevents, either (or both) of the following:; (3)by striking (1) the and inserting (A) The; (4)by striking ; or and inserting a period; (5)by striking (2) a and inserting (B) A; and (6)by adding at the end the following: (2) (A)Not later than 180 days after the date of the enactment of the &short-title1; and annually thereafter, the Secretary of Defense shall request from each institution of higher education that has students participating in a Senior Reserve Officer Training Corps program during the then-current academic year of that institution a certification that such institution, during the next academic year of the institution, will— (i)permit the Secretary of each military department to maintain a unit of the Senior Officer Training Corps (in accordance with subsection (a)) at that institution (or any subelement of that institution), should such Secretary elect to maintain such a unit; and (ii)if the Secretary of the military department concerned elects not to establish or maintain a unit of the Senior Reserve Officer Training Corps at that institution, permit a student of that institution (or any subelement of that institution) to enroll in a unit of the Senior Reserve Officer Training Corps at another institution of higher education. (B)Any certification under subparagraph (A) shall be made by the president of the institution (or equivalent highest ranking administrative official) and shall be submitted to the Secretary of Defense no later than 90 days after receipt of the request from the Secretary. (C)In the case of any institution from which a certification is requested under subparagraph (A), if the Secretary of Defense does not receive a certification in accordance with subparagraph (B), or if the certification does not state that the university will comply with both clauses (i) and (ii) of subparagraph (A) during its next academic year, the Secretary shall make a determination under paragraph (1) as to whether the institution has a policy or practice described in that paragraph..

5.

Equal treatment of military recruiters with other recruiters

Subsection (b)(1) of section 983 of title 10, United States Code, is amended— (1)by striking entry to campuses and inserting access to campuses; and (2)by inserting before the semicolon at the end the following: in a manner that is at least equal in quality and scope to the degree of access to campuses and to students that is provided to any other employer.

6.

Prohibition of funding for post-secondary schools that prevent ROTC access or military recruiting

(a)

Covered funds

Subsection (d) of section 983 of title 10, United States Code, is amended— (1)in paragraph (1)— (A)by striking limitation established in subsection (a) applies and inserting limitations established in subsections (a) and (b) apply; (B)in subparagraph (B), by inserting for any department or agency for which regular appropriations are made after made available; and (C)by adding at the end the following new subparagraphs: (C)Any funds made available for the Department of Homeland Security. (D)Any funds made available for the National Nuclear Security Administration of the Department of Energy. (E)Any funds made available for the Department of Transportation. (F)Any funds made available for the Central Intelligence Agency. ; and (2)by striking paragraph (2). (b)

Conforming amendments

(1)Subsection (b) of such section is amended by striking subsection (d)(2) and inserting subsection (d)(1). (2)Subsection (e) of such section is amended by inserting , to the head of each other department and agency the funds of which are subject to the determination, after Secretary of Education.

7.

Exclusion of amounts to cover individual payments

(a)

Codification and extension of exclusion

Subsection (d) of section 983 of title 10, United States Code, as amended by section 6(a), is further amended— (1)by striking The after (1) and inserting Except as provided in paragraph (2), the; and (2)by adding at the end the following new paragraph: (2)Any Federal funding specified in paragraph (1) that is provided to an institution of higher education, or to an individual, to be available solely for student financial assistance, related administrative costs, or costs associated with attendance, may be used for the purpose for which the funding is provided.. (b)

Conforming amendments

Subsections (a) and (b) of such section are amended by striking (including a grant of funds to be available for student aid). (c)

Conforming repeal of codified provision

Section 8120 of the Department of Defense Appropriations Act, 2000 (Public Law 106–79; 10 U.S.C. 983 note), is repealed

8.

Effective date

The amendments made by this Act shall apply with respect to funds appropriated for fiscal year 2005 and thereafter.