S.Amdt. 5331
What it does: Adds SEC. 556. PROHIBITION ON AVAILABILITY OF FEDERAL FUNDS TO LOCAL EDUCATIONAL AGENCIES THAT PREVENT ACCESS TO JROTC ON CAMPUSES OF SECONDARY SCHOOLS at the end of subtitle D of title VWhat it changes
1 change to S. 3001 · shown in the bill's text
Adds SEC. 556. PROHIBITION ON AVAILABILITY OF FEDERAL FUNDS TO LOCAL EDUCATIONAL AGENCIES THAT PREVENT ACCESS TO JROTC ON CAMPUSES OF SECONDARY SCHOOLS at the end of subtitle D of title V
Adds a sectionIn S. 3001 · Placed on Calendar Senate
"2016. Service academies: payment of costs of foreign visitors for international cooperation; expenses of cadets and midshipmen in certain travel or study abroad.".
Inserted: SEC. 556. PROHIBITION ON AVAILABILITY OF FEDERAL FUNDS TO LOCAL EDUCATIONAL AGENCIES THAT PREVENT ACCESS TO JROTC ON CAMPUSES OF SECONDARY SCHOOLS.
Inserted: (a) Prohibition.--
Inserted: (1) In general.--Chapter 49 of title 10, United States Code, is amended by inserting after section 983 the following new section:
Inserted: "Sec. 983a. Local educational agencies that prevent JROTC access on secondary school campuses
Inserted: "(a) Denial of Funds for Preventing JROTC Access to Campus.--No funds described in subsection (c) may be provided by contract, grant, or cooperative agreement to a local educational agency (or any subelement of that agency) if the Secretary of Defense determines that that agency (or any subelement of that agency) has a policy or practice (regardless of whether implemented) that either prohibits, or in effect prevents--
Inserted: "(1) the Secretary of a military department from maintaining, establishing or operating a unit of the Junior Reserve Officers' Training Corps (in accordance with chapter 102 of this title and other applicable Federal law) at any secondary school served by that agency; or
Inserted: "(2) a student at any secondary school served by that agency from enrolling in a unit of the Junior Reserve Officers' Training Corps at another secondary school.
Inserted: "(b) Exception.--The limitation in subsection (a) shall not apply to any local educational agency (or any subelement of that agency) if the Secretary of Defense determines that the agency (and each secondary school served by that agency) has ceased the policy or practice described in that subsection (a).
Inserted: "(c) Covered Funds.--The limitation in subsection (a) shall apply to the following:
Inserted: "(1) Any funds made available to the Department of Defense.
Inserted: "(2) Any funds made available for any department or agency for which regular appropriations are made in a Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act.
Inserted: "(3) Any funds made available to the Department of Homeland Security.
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Inserted: "(4) Any funds made available for the National Nuclear Security Administration of the Department of Energy.
Inserted: "(5) Any funds made available for the Department of Transportation.
Inserted: "(d) Notice of Determinations.--Whenever the Secretary of Defense makes a determination under subsection (a) or (b), the Secretary--
Inserted: "(1) shall transmit a notice of the determination to the Secretary of Education, to the head of each other department or agency the funds of which are subject to the determination, and to Congress; and
Inserted: "(2) shall publish in the Federal Register a notice of the determination and the effect of the determination on the eligibility of the local educational agency (and any subelement of that agency) for contracts and grants.
Inserted: "(e) Semiannual Notice in Federal Register.--The Secretary of Defense shall publish in the Federal Register once every six months a list of each local educational agency that is currently ineligible for contracts and grants by reason of a determination of the Secretary under subsection (a).
Inserted: "(f) Definitions.--In this section:
Inserted: "(1) The term 'local educational agency' has the meaning given that term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
Inserted: "(2) The term 'secondary school' has the meaning that term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).".
Inserted: (2) Clerical amendment.--The table of sections at the beginning of chapter 49 of such title is amended by inserting after the item relating to section 983 the following new item:
Inserted: "983a. Local educational agencies that prevent JROTC access on secondary school campuses.".
Inserted: (b) Effective Date.--The amendments made by this section shall take effect on October 1, 2008, and shall apply with respect to funds available for fiscal years beginning on or after that date.
Original wording
At the end of subtitle D of title V, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 5331. Mr. CORNYN submitted an amendment intended to be proposed by him to the bill S. 3001, to authorize appropriations for fiscal year 2009 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle D of title V, add the following:
SEC. 556. PROHIBITION ON AVAILABILITY OF FEDERAL FUNDS TO LOCAL EDUCATIONAL AGENCIES THAT PREVENT ACCESS TO JROTC ON CAMPUSES OF SECONDARY SCHOOLS.
(a) Prohibition.--
(1) In general.--Chapter 49 of title 10, United States Code, is amended by inserting after section 983 the following new section:
“Sec. 983a. Local educational agencies that prevent JROTC
access on secondary school campuses
“(a) Denial of Funds for Preventing JROTC Access to Campus.--No funds described in subsection (c) may be provided by contract, grant, or cooperative agreement to a local educational agency (or any subelement of that agency) if the Secretary of Defense determines that that agency (or any subelement of that agency) has a policy or practice (regardless of whether implemented) that either prohibits, or in effect prevents--
“(1) the Secretary of a military department from maintaining, establishing or operating a unit of the Junior Reserve Officers' Training Corps (in accordance with chapter 102 of this title and other applicable Federal law) at any secondary school served by that agency; or
“(2) a student at any secondary school served by that agency from enrolling in a unit of the Junior Reserve Officers' Training Corps at another secondary school.
“(b) Exception.--The limitation in subsection (a) shall not apply to any local educational agency (or any subelement of that agency) if the Secretary of Defense determines that the agency (and each secondary school served by that agency) has ceased the policy or practice described in that subsection (a).
“(c) Covered Funds.--The limitation in subsection (a) shall apply to the following:
“(1) Any funds made available to the Department of Defense.
“(2) Any funds made available for any department or agency for which regular appropriations are made in a Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act.
“(3) Any funds made available to the Department of Homeland Security.
“(4) Any funds made available for the National Nuclear Security Administration of the Department of Energy.
“(5) Any funds made available for the Department of Transportation.
“(d) Notice of Determinations.--Whenever the Secretary of Defense makes a determination under subsection (a) or (b), the Secretary--
“(1) shall transmit a notice of the determination to the Secretary of Education, to the head of each other department or agency the funds of which are subject to the determination, and to Congress; and
“(2) shall publish in the Federal Register a notice of the determination and the effect of the determination on the eligibility of the local educational agency (and any subelement of that agency) for contracts and grants.
“(e) Semiannual Notice in Federal Register.--The Secretary of Defense shall publish in the Federal Register once every six months a list of each local educational agency that is currently ineligible for contracts and grants by reason of a determination of the Secretary under subsection (a).
“(f) Definitions.--In this section:
“(1) The term ‘local educational agency' has the meaning given that term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
“(2) The term ‘secondary school' has the meaning that term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).”.
(2) Clerical amendment.--The table of sections at the beginning of chapter 49 of such title is amended by inserting after the item relating to section 983 the following new item:
“983a. Local educational agencies that prevent JROTC access on secondary school campuses.”.
(b) Effective Date.--The amendments made by this section shall take effect on October 1, 2008, and shall apply with respect to funds available for fiscal years beginning on or after that date.
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Senate amendment submitted
September 9, 2008