I

104TH CONGRESS

1ST SESSION H. R. 1118

To amend title 10, United States Code, to prohibit any Federal grant or

contract from being awarded to any institution of higher education that

does not allow the Secretary of Defense to maintain or establish Senior

Reserve Officer Training Corps units at that institution.

IN THE HOUSE OF REPRESENTATIVES

MARCH 2, 1995

Mr. POMBO (for himself and Mr. DOOLITTLE) introduced the following bill;

which was referred to the Committee on National Security

A BILL

To amend title 10, United States Code, to prohibit any

Federal grant or contract from being awarded to any

institution of higher education that does not allow the

Secretary of Defense to maintain or establish Senior

Reserve Officer Training Corps units at that institution.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘ROTC Campus Access

5 Act’’.
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1 SEC. 2. ROTC ACCESS TO CAMPUSES.

2 (a) IN GENERAL.—Chapter 49 of title 10, United

3 States Code, is amended by adding at the end the follow4 ing new section:

5 ‘‘§ 983. Institutions of higher education that prohibit

6 Senior ROTC units: denial of Federal

7 grants and contracts

8 ‘‘(a) DENIAL OF FEDERAL GRANTS AND CON9 TRACTS.—(1) Federal funds may not be made available

10 by contract or by grant (including a grant of funds to be

11 available for student aid) to any institution of higher edu12 cation that, as determined by the Secretary of Defense,

13 has an anti-ROTC policy and at which, as determined by

14 the Secretary, the Secretary would otherwise maintain or

15 seek to establish a unit of the Senior Reserve Officer

16 Training Corps or at which the Secretary would otherwise

17 enroll or seek to enroll students for participation in a unit

18 of the Senior Reserve Officer Training Corps at another

19 nearby institution of higher education.

20 ‘‘(2) In the case of an institution of higher education

21 that is ineligible for Federal grants and contracts by rea22 son of paragraph (1), the prohibition under that para23 graph shall cease to apply to that institution upon a deter24 mination by the Secretary that the institution no longer

25 has an anti-ROTC policy.
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1 ‘‘(b) NOTICE OF DETERMINATION.—Whenever the

2 Secretary makes a determination under subsection (a)

3 that an institution has an anti-ROTC policy, or that an

4 institution previously determined to have an anti-ROTC

5 policy no longer has such a policy, the Secretary—

6 ‘‘(1) shall transmit notice of that determination

7 to the Secretary of Education and to the Committee

8 on Armed Services of the Senate and the Committee

9 on National Security of the House of Representa10 tives; and

11 ‘‘(2) shall publish in the Federal Register notice

12 of that determination and of the effect of that deter13 mination under subsection (a)(1) on the eligibility of

14 that institution for Federal grants and contracts.

15 ‘‘(c) SEMIANNUAL NOTICE IN FEDERAL REG16 ISTER.—The Secretary shall publish in the Federal Reg17 ister once every six months a list of each institution of

18 higher education that is currently ineligible for Federal

19 grants and contracts by reason of a determination of the

20 Secretary under subsection (a).

21 ‘‘(d) ANTI-ROTC POLICY.—In this section, the term

22 ‘anti-ROTC policy’ means a policy or practice of an insti23 tution of higher education that—

24 ‘‘(1) prohibits, or in effect prevents, the Sec25 retary of Defense from maintaining or establishing
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1 a unit of the Senior Reserve Officer Training Corps

2 at that institution, or

3 ‘‘(2) prohibits, or in effect prevents, a student

4 at that institution from enrolling in a unit of the

5 Senior Reserve Officer Training Corps at another in6 stitution of higher education.’’.

7 (b) CLERICAL AMENDMENT.—The table of sections

8 at the beginning of such chapter is amended by adding

9 at the end the following new item:

‘‘983. Institutions of higher education that prohibit Senior ROTC units: denial

of Federal grants and contracts.’’.

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