ance 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.’’. 
SEC. 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 insert-
ing ‘‘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 cam-
puses and to students that is provided to any other 
employer’’. 
SEC. 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 ‘‘limita-
tions established in subsections (a) and (b) 
apply’’; 
(B) in subparagraph (B), by inserting ‘‘for 
any department or agency for which regular ap-
propriations are made’’ after ‘‘made available’’; 
and 
(C) by adding at the end the following new 
subparagraphs: 
‘‘(C) Any funds made available for the Depart-
ment 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 Depart-
ment 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 in-
serting ‘‘, to the head of each other department and agen-
cy the funds of which are subject to the determination,’’ 
after ‘‘Secretary of Education’’.
SEC. 7. EXCLUSION OF AMOUNTS TO COVER INDIVIDUAL 
PAYMENTS. 
(a) CODIFICATION
AND EXTENSION
OF EXCLU-
SION.—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 ‘‘(includ-
ing a grant of funds to be available for student aid)’’. 
(c) CONFORMING REPEAL
OF CODIFIED PROVI-
SION.—Section 8120 of the Department of Defense Ap-
propriations Act, 2000 (Public Law 106–79; 10 U.S.C. 
983 note), is repealed
SEC. 8. EFFECTIVE DATE. 
The amendments made by this Act shall apply with 
respect to funds appropriated for fiscal year 2005 and 
thereafter.
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