108TH CONGRESS
2D SESSION
H. R. 3966
AN ACT
To amend title 10, United States Code, to improve
the ability of the Department of Defense to es-
tablish 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 en-
sure 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.
108TH CONGRESS
2D SESSION
H. R. 3966
AN ACT
To amend title 10, United States Code, 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 pro-
vide 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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 pro-
grams 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 employ-
ers.
(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, espe-
cially funding for many military and defense pro-
grams.
(9) The personnel and programs of the Depart-
ment 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 ter-
ritory 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 mili-
tary recruiters should be updated.
SEC. 3. CERTIFICATION OF COMPLIANCE WITH ROTC AC-
CESS 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 ROTC and Military Recruiter Equal
Access to Campus Act of 2004 and annually thereafter,
the Secretary of Defense shall request from each institu-
tion of higher education that has students participating
in a Senior Reserve Officer Training Corps program dur-
ing the then-current academic year of that institution a
certification that such institution, during the next aca-
demic year of the institution, will—
‘‘(i) permit the Secretary of each military de-
partment to maintain a unit of the Senior Officer
Training Corps (in accordance with subsection (a))
at that institution (or any subelement of that insti-
tution), 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 sub-
mitted 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 cer-
tification is requested under subparagraph (A), if the Sec-
retary of Defense does not receive a certification in accord-
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. 4. 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. 5. 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. 6. 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 5(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. 7. EFFECTIVE DATE.
The amendments made by this Act shall apply with
respect to funds appropriated for fiscal year 2005 and
thereafter.
Passed the House of Representatives March 30,
2004.
Attest:
Clerk.