ROTC and Military Recruiter Equal Access to Campus Act of 2004
Floor Speech
Mr. ROGERS of Alabama. Mr. Speaker, pursuant to House Resolution 580, I call up the bill (H.R. 3966) to amend title 10, United States Code, and the Homeland Security Act of 2002 to improve the ability of the Department of Defense to establish and maintain Senior Reserve Officers 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 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, and ask for its immediate consideration.
The Clerk read the title of the bill.
The SPEAKER pro tempore (Mr. Ose). Pursuant to House Resolution 580, the bill is considered read for amendment.
The text of H.R. 3966 is as follows:
H.R. 3966
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the "ROTC and Military Recruiter Equal Access to Campus Act of 2004".
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Reserve Officers Training Corps (ROTC) program is the most common path for undergraduates to become United States military officers.
(2) The inclusion of both public and private undergraduate institutions in the ROTC program insures a more racially, ethnically, and socially diverse pool for leadership in the higher ranks of the Armed Forces.
(3) The majority of both minority officers and female officers in the Armed Forces are acquired through undergraduate ROTC programs.
(4) The presence of ROTC programs on college campuses benefits even those students who are not enrolled by making them aware of the presence and role of the United States military.
(5) Land-grant colleges received land from the United States on the condition that they offer some military instruction in addition to their regular curriculum, forming the basis for the Nation's tradition 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 programs 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 employers.
(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, especially funding for many military and defense programs.
(9) The personnel and programs of the Department 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 territory 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 military recruiters should be updated.
SEC. 3. PROHIBITION ON PROVISION OF HOMELAND SECURITY-RELATED FUNDING TO POST-SECONDARY SCHOOLS THAT PREVENT ROTC ACCESS OR MILITARY RECRUITING ON CAMPUS.
(a) In General.-The Homeland Security Act of 2002 (Public Law 107-296; 6 U.S.C. 101 et seq.) is amended by adding at the end the following new title:
"TITLE XVIII-ADDITIONAL PROVISIONS
"SEC. 1801. PROHIBITION OF FUNDS BEING PROVIDED TO INSTITUTIONS OF HIGHER EDUCATION THAT PREVENT ROTC ACCESS OR MILITARY RECRUITING ON CAMPUS.
"No funds made available for the Department may be provided by contract or by grant to an institution of higher education (including any subelement of such institution) that, by reason of a determination by the Secretary of Defense under subsection (a) or (b) of section 983 of title 10, United States Code, is ineligible for the receipt of a contract or grant from funds specified in subsection (d) of that section.".
(b) Clerical Amendment.-The table of contents in section 1(b) of such Act is amended by adding at the end the following new items:
"TITLE XVIII-ADDITIONAL PROVISIONS
"1801. Prohibition of funds being provided to institutions of higher education that prevent ROTC access or military recruiting on campus.".
SEC. 4. CERTIFICATION OF COMPLIANCE WITH ROTC ACCESS 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 institution of higher education that has students participating in a Senior Reserve Officer Training Corps program during the then-current academic year of that institution a certification that such institution, during the next academic year of the institution, will-
"(i) permit the Secretary of each military department to maintain a unit of the Senior Officer Training Corps (in accordance with subsection (a)) at that institution (or any subelement of that institution), 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 submitted to the Secretary of Defense no later than 90 days after receipt of the request from the Secretary.
"© In the case of any institution from which a certification is requested under subparagraph (A), if the Secretary of Defense does not receive a certification in accordance 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 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 degree of access to campuses 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 "limitations established in subsections (a) and (b) apply";
(B) in subparagraph (B), by inserting "for any department or agency for which regular appropriations are made" after "made available"; and
© by adding at the end the following new subparagraphs:
"© 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
(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 inserting ", to the head of each other department and agency 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 Exclusion.-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 "(including a grant of funds to be available for student aid)".
© 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.
SEC. 8. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to funds appropriated for fiscal year 2005 and thereafter.
The SPEAKER pro tempore. The amendment printed in the bill is adopted.
The text of the committee amendment in the nature of a substitute is as follows:
H.R. 3966
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the "ROTC and Military Recruiter Equal Access to Campus Act of 2004".
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Reserve Officers Training Corps (ROTC) program is the most common path for undergraduates to become United States military officers.
(2) The inclusion of both public and private undergraduate institutions in the ROTC program insures a more racially, ethnically, and socially diverse pool for leadership in the higher ranks of the Armed Forces.
(3) The majority of both minority officers and female officers in the Armed Forces are acquired through undergraduate ROTC programs.
(4) The presence of ROTC programs on college campuses benefits even those students who are not enrolled by making them aware of the presence and role of the United States military.
(5) Land-grant colleges received land from the United States on the condition that they offer some military instruction in addition to their regular curriculum, forming the basis for the Nation's tradition 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 programs 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 employers.
(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, especially funding for many military and defense programs.
(9) The personnel and programs of the Department 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 territory 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 military recruiters should be updated.
SEC. 3. CERTIFICATION OF COMPLIANCE WITH ROTC ACCESS 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 institution of higher education that has students participating in a Senior Reserve Officer Training Corps program during the then-current academic year of that institution a certification that such institution, during the next academic year of the institution, will-
"(i) permit the Secretary of each military department to maintain a unit of the Senior Officer Training Corps (in accordance with subsection (a)) at that institution (or any subelement of that institution), 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 submitted to the Secretary of Defense no later than 90 days after receipt of the request from the Secretary.
"© In the case of any institution from which a certification is requested under subparagraph (A), if the Secretary of Defense does not receive a certification in accordance 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 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 degree of access to campuses 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 "limitations established in subsections (a) and (b) apply";
(B) in subparagraph (B), by inserting "for any department or agency for which regular appropriations are made" after "made available"; and
© by adding at the end the following new subparagraphs:
"© 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
(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 inserting ", to the head of each other department and agency 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 Exclusion.-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 "(including a grant of funds to be available for student aid)".
© 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.
SEC. 7. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to funds appropriated for fiscal year 2005 and thereafter.
The SPEAKER pro tempore. The gentleman from Alabama (Mr. Rogers) and the gentleman from Missouri (Mr. Skelton) each will control 30 minutes.
The Chair recognizes the gentleman from Alabama (Mr. Rogers).
Mr. ROGERS of Alabama. Mr. Speaker, I yield myself such times I may consume.
Mr. Speaker, I rise in support of H.R. 3966, the ROTC and Military Recruiter Equal Access to Campus Act of 2004. It is based on one simple principle: Colleges and universities that accept Federal funding should also be willing to permit military recruiters equal access to students in ROTC scholarship programs.
Specifically, H.R. 3966 would first require colleges and universities to give military recruiters access to campus and to students that is equal to in quality and scope as that provided to any other private employer.
Secondly, the bill would require an annual verification from colleges and universities who already support ROTC programs that they will continue to do so in the upcoming academic year.
Thirdly, it will add two additional defense-related funding sources, the Central Intelligence Agency and the National Nuclear Security Administration of the Department of Energy, to the potentially prohibitive funding sources already specified in the law.
And, finally, it restores the Department of Transportation to the list of funds that might be terminated. These were inadvertently left out in the 2002 change in the law.
Mr. Speaker, I would also like to emphasize this bill does not in any way disturb or interfere with Federal financial student financial aid.
This law is known as the Solomon amendment after its Congressman, Gerry Solomon of New York, began this as a House amendment adopted in a bipartisan vote in 1995.
The following year, Congress imposed the loss of DOD funding on institutions of higher learning that had an anti-ROTC policy. That same Congress added the Departments of Education, Labor, and Health and Human Services to the list of potentially prohibited funding sources. Then the Homeland Security Act of 2002 added funding from the Department of Homeland Security to the list.
Mr. Speaker, I believe that now Congress must once again revisit this law. Recently, barriers have been erected by some colleges and universities to military recruiters having access to students on campus, particularly in their law schools.
But what has really created a real sense of urgency for us to act now is the recent court decision of Forum for Academic and Institutional Rights, otherwise known as FAIR, versus Donald Rumsfeld. FAIR was a consortium of an unknown number of anonymous law schools in this case.
In the U.S. District Court of New Jersey in September, 2003, the plaintiffs sought a preliminary injunction against the DOD from enforcing Solomon.
In his opinion on November 5, 2003, the judge denied the motion and upheld the constitutionality of the Solomon amendment, but he noted that law schools are loathe to endorse or assist recruiting efforts of the United States military, and he criticized the government's assertion that the Solomon amendment requires colleges and universities to give military recruiters access to campuses and students equal to that given to recruiters from other employers. In response to the judge's ruling, the Secretary of Defense has asked the Congress to clarify the Solomon amendment to state unequivocally that the military should have the same equal access in scope and quality to that of any other civilian employee.
H.R. 3699 will do just that. I urge support of the House.
Mr. Speaker, I reserve the balance of my time.
BREAK IN TRANSCRIPT
Mr. ROGERS of Alabama. Mr. Speaker, I yield 2 minutes to the gentleman from California (Mr. McKeon), a member of the Committee on Armed Services and a cosponsor of this bill.
BREAK IN TRANSCRIPT
Mr. ROGERS of Alabama. Mr. Speaker, I yield 3 minutes to the gentleman from California (Mr. Cunningham), a distinguished member of the Committee on Appropriations.
BREAK IN TRANSCRIPT
Mr. ROGERS of Alabama. Mr. Speaker, I yield 2 minutes to the gentleman from Iowa (Mr. King), a member of the Committee on the Judiciary and a cosponsor of H.R. 3966.
BREAK IN TRANSCRIPT
Mr. ROGERS of Alabama. Mr. Speaker, I yield 2 minutes to the gentleman from Alabama (Mr. Bachus), who is also a cosponsor of this piece of legislation.
BREAK IN TRANSCRIPT
Mr. ROGERS of Alabama. Mr. Speaker, I yield 2 minutes to the gentleman from Georgia (Mr. Gingrey), a distinguished member of the Committee on Armed Services and also a cosponsor of this legislation.
BREAK IN TRANSCRIPT
Mr. ROGERS of Alabama. Mr. Speaker, I yield 5 minutes to the gentleman from California (Mr. Cox), Chairman of the Select Committee on Homeland Security and an original cosponsor of H.R. 3966.
BREAK IN TRANSCRIPT
Mr. ROGERS of Alabama. Mr. Speaker, I yield 2 minutes to the gentleman from California (Mr. Cox).
BREAK IN TRANSCRIPT
Mr. ROGERS of Alabama. Mr. Speaker, I yield 1 minute to the distinguished gentleman from California (Mr. Hunter), chairman of the Committee on Armed Services.
BREAK IN TRANSCRIPT
Mr. ROGERS of Alabama. Mr. Speaker, I yield 2 minutes to the gentleman from South Carolina (Mr. Wilson).
BREAK IN TRANSCRIPT
Mr. ROGERS of Alabama. Mr. Speaker, I have no further requests for time, and I reserve the balance of my time.
BREAK IN TRANSCRIPT
Mr. ROGERS of Alabama. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Bass). All time for debate has expired.
Pursuant to House Resolution 580, the previous question is ordered on the bill, as amended.
The question is on the engrossment and third reading of the bill.
The bill was ordered to be engrossed and read a third time, and was read the third time.
BREAK IN TRANSCRIPT
The SPEAKER pro tempore. Does the gentleman from Alabama (Mr. Rogers) wish to control the time in opposition to the motion to recommit?
Mr. ROGERS of Alabama. Yes, Mr. Speaker.
The SPEAKER pro tempore. The gentleman from Alabama (Mr. Rogers) is recognized for 5 minutes.
Mr. ROGERS of Alabama. Mr. Speaker, I rise in strong opposition to the motion to recommit.
This motion is simply an effort to empower those who would oppose fair access to military recruiters to our colleges and universities with the authority to treat recruiters as second-class citizens.
H.R. 3966 would ensure nothing more than fair and equal treatment of recruiters. This amendment would put the fox in the hen house, so to speak, by giving the Association of American Law Schools the authority to judge if the recruiter has been provided equal treatment with other employers. This is the very group which has fostered the attitude among law schools to resist compliance with the law. We, the Congress, must make the decision, not the people who would oppose any form of military presence on campus. It is up to Congress to decide the level of access that should be granted. We must reject this motion.
Mr. Speaker, I yield back the balance of my time.
Source