[Congressional Record Volume 162, Number 89 (Tuesday, June 7, 2016)]
[Senate]
[Page S3551]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4461. Mr. MANCHIN (for himself and Mr. Tillis) submitted an 
amendment intended to be proposed by him 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:

       Strike section 563 and insert the following:

     SEC. 563. ACCESS TO DEPARTMENT OF DEFENSE INSTALLATIONS OF 
                   INSTITUTIONS OF HIGHER EDUCATION PROVIDING 
                   CERTAIN ADVISING AND STUDENT SUPPORT SERVICES.

       (a) In General.--Chapter 101 of title 10, United States 
     Code, is amended by inserting after section 2012 the 
     following new section:

     ``Sec. 2012a. Access to department of defense installations: 
       institutions of higher education providing certain advising 
       and student support services

       ``(a) Access.--
       ``(1) Access to be permitted.--
       ``(A) In general.--The Secretary of Defense may grant 
     access to Department of Defense installations for the purpose 
     of providing at the installation concerned timely face-to-
     face student advising and related support services to members 
     of the armed forces and other persons who are eligible for 
     assistance under Department of Defense educational assistance 
     programs and authorities, in accordance with the limitations 
     provided under paragraph (2)(B), to any institution of higher 
     education that--
       ``(i) has entered into a Voluntary Education Partnership 
     Memorandum of Understanding with the Department;
       ``(ii) is not in violation of the Department of Defense 
     Voluntary Education Partnership Memorandum of Understanding 
     that governs higher education activities on military 
     installations and complies with the regulations related to 
     substantial misrepresentation promulgated pursuant to section 
     487(c)(3) of the Higher Education Act of 1965 (20 U.S.C. 
     1094(c)(3)); and
       ``(iii) has received approval for such access by the 
     educational service office of the installation concerned.
       ``(B) Transition assistance program.--The Secretary of 
     Defense may grant access to Department of Defense 
     installations for the purpose of educating members of the 
     armed forces about education and employment after military 
     service as part of the Transition Assistance Program to any 
     institution of higher education that meets the criteria under 
     subparagraph (A) and has received approval for such access by 
     the base transition office of the installation concerned.
       ``(2) Scope of access.--
       ``(A) In general.--Access may be granted under paragraph 
     (1) in a nondiscriminatory manner to any institution covered 
     by that paragraph regardless of the particular learning 
     modality offered by that institution.
       ``(B) Student advising and related support .--Access 
     granted in accordance with paragraph (1)(A) shall be limited 
     to face-to-face student advisement and related support 
     services for such institution's students who are enrolled as 
     of the date of the advisement and provision of related 
     support services.
       ``(C) Transition assistance program.--Access granted in 
     accordance with paragraph (1)(B) shall be limited to face-to-
     face student advisement and related support services for 
     students and members of the armed forces who have elected to 
     participate in the higher education track of the Transition 
     Assistance Program but shall not occur during the Transition 
     Assistance Program.
       ``(D) Prohibitions.--Any institution of higher education 
     granted installation access under this section shall be 
     prohibited from engaging in any recruitment, marketing, or 
     advertising activities during such access.
       ``(b) Regulations.--The Secretary shall prescribe in 
     regulations the time and place of access granted pursuant to 
     subsection (a). The regulations shall provide the following:
       ``(1) The opportunity for institutions of higher education 
     to receive access at times and places that ensure opportunity 
     for students to obtain advising and support services 
     described in subsection (a) as best meets the needs of the 
     military and members of the armed forces.
       ``(2) The opportunity for institutions of higher education 
     to receive access at times and places that ensure opportunity 
     for members of the armed forces transitioning to life after 
     military service, as determined by the base transition 
     officer concerned to best meet the needs of the military and 
     members of the armed forces, to receive advising, student 
     support services, and education pursuant to this section.
       ``(c) Definitions.--In this section:
       ``(1) The term `Department of Defense educational 
     assistance programs and authorities' has the meaning given 
     the term `Department of Defense educational assistance 
     programs and authorities covered by this section' in section 
     2006a(c)(1) of this title.
       ``(2) The term `institution of higher education' has the 
     meaning given that term in section 2006a(c)(2) of this title.
       ``(3) The term `Voluntary Education Partnership Memorandum 
     of Understanding' has the meaning given that term in 
     Department of Defense Instruction 1322.25, entitled 
     `Voluntary Education Programs', or any successor Department 
     of Defense Instruction.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 101 of such title is amended by 
     inserting after the item relating to section 2012 the 
     following new item:

``2012a. Access to Department of Defense installations: institutions of 
              higher education providing certain advising and student 
              support services.''.
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