[Congressional Record Volume 162, Number 88 (Monday, June 6, 2016)]
[Senate]
[Page S3442]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4401. Mr. REID (for Mr. Booker (for himself and Mr. Brown)) 
submitted an amendment intended to be proposed by Mr. Reid to the bill 
S. 2943, to authorize appropriations for fiscal year 2017 for military 
activities of the Department of Defense, for military construction, and 
for defense activities of the Department of Energy, to prescribe 
military personnel strengths for such fiscal year, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle E of title V, add the following:

     SEC. 565. PROHIBITION ON ESTABLISHMENT, MAINTENANCE, OR 
                   SUPPORT OF SENIOR RESERVE OFFICERS' TRAINING 
                   CORPS UNITS AT PUBLIC EDUCATIONAL INSTITUTIONS 
                   THAT DISPLAY CONFEDERATE BATTLE FLAG.

       (a) Prohibition.--Section 2102 of title 10, United States 
     Code, is amended by adding at the end the following new 
     subsection:
       ``(e) Prohibition Related to Display of Confederate Battle 
     Flag.--(1) The Secretary of a military department may not 
     establish, maintain, or support a unit of the program at any 
     public educational institution, including any senior military 
     college specified in section 2111a of this title, that 
     displays, in a location other than in a museum exhibit, the 
     Confederate battle flag.
       ``(2)(A) Upon making a determination under paragraph (1) 
     that an educational institution displays, in a location other 
     than in a museum exhibit, the Confederate battle flag, the 
     Secretary of the military department concerned shall 
     terminate, in accordance with subparagraph (B), any unit of 
     the program at that educational institution in existence as 
     of the date of the determination.
       ``(B) The termination of a unit of the program at an 
     educational institution pursuant to this paragraph shall take 
     effect on the date on which--
       ``(i) each member of the program who, as of the date of the 
     determination, is enrolled in the educational institution is 
     no longer so enrolled; and
       ``(ii) each student who, as of the date of the 
     determination, is enrolled in the educational institution but 
     not yet a member of the program, is no longer so enrolled.
       ``(3) Not later than January 31, 2017, and each January 31 
     thereafter through January 31, 2021, the Secretary of Defense 
     shall submit to the congressional defense committees a 
     report--
       ``(A) identifying each unit of the program located at an 
     educational institution that displays, in a location other 
     than in a museum exhibit, the Confederate battle flag; and
       ``(B) describing the implementation of this subsection with 
     respect to that educational institution.
       ``(4) In this subsection, the term `Confederate battle 
     flag' means the battle flag of the Army of Northern Virginia, 
     the battle flag of the Army of Tennessee, the battle flag of 
     Forrest's Cavalry Corps, the Second Confederate Navy Jack, 
     the Second Confederate Navy Ensign, or other flag with a like 
     design.''.
       (b) Conforming Amendments.--Such title is further amended 
     as follows:
       (1) In section 2102(d), striking ``The President'' and 
     inserting ``Subject to subsection (e), the President''.
       (2) In section 2111a--
       (A) in subsection (d), by striking ``The Secretary'' and 
     inserting ``Except as provided in section 2102(e) of this 
     title, the Secretary''.
       (B) in subsection (e)(1), by striking ``The Secretary'' and 
     inserting ``Except in the case of a senior miliary college at 
     which a unit of the program is terminated pursuant to section 
     2102(e) of this title, the Secretary''.
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