Military Access to Campus Provisions in Conference Report on HR 4200

(Note: final text the law incorporating these changes is here)

SEC. 552. SENIOR RESERVE OFFICERS' TRAINING CORPS AND RECRUITER ACCESS AT INSTITUTIONS OF HIGHER EDUCATION.

(a) 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 inserting ``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 access to campuses and to students that is provided to any other employer''.

(b) Prohibition of Funding for Post-secondary Schools That Prevent ROTC Access or Military Recruiting.--(1) Subsection (d) of such section is amended--

(A) in paragraph (1)--

(i) by striking ``limitation established in subsection (a) applies'' and inserting ``limitations established in subsections (a) and (b) apply'';

(ii) in subparagraph (B), by inserting ``for any department or agency for which regular appropriations are made'' after ``made available''; and

(iii) by adding at the end the following new subparagraphs:

``(C) Any funds made available for the Department 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 Department of Transportation.

``(F) Any funds made available for the Central Intelligence Agency.''; and

(B) by striking paragraph (2).

(2)(A) Subsection (b) of such section is amended by striking ``subsection (d)(2)'' and inserting ``subsection (d)(1)''.

(B) Subsection (e) of such section is amended by inserting ``, to the head of each other department and agency the funds of which are subject to the determination,'' after ``Secretary of Education''.

(c) Codification and Extension of Exclusion Of Amounts to Cover Individual Payments.--Subsection (d) of such section, as amended by subsection (b)(1), 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.''.

(d) Conforming Amendments.--Subsections (a) and (b) of such section are amended by striking ``(including a grant of funds to be available for student aid)''.

(e) Conforming Repeal of Codified Provision.--Section 8120 of the Department of Defense Appropriations Act, 2000 (Public Law 106-79; 10 U.S.C. 983 note), is repealed.

(f) EFFECTIVE DATE.--The amendments made by this section shall apply with respect to funds appropriated for fiscal year 2005 and thereafter.