S.Amdt. 4401

SA 4401. Mr. REID (for Mr. Booker (for himself and Mr. Brown))
submitted an amendment intended to be proposed by Mr. Reid to the bill
S. 2943, to authorize appropriations for fiscal year 2017 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 E of title V, add the following:

SEC. 565. PROHIBITION ON ESTABLISHMENT, MAINTENANCE, OR
SUPPORT OF SENIOR RESERVE OFFICERS' TRAINING
CORPS UNITS AT PUBLIC EDUCATIONAL INSTITUTIONS
THAT DISPLAY CONFEDERATE BATTLE FLAG.

(a) Prohibition.--Section 2102 of title 10, United States
Code, is amended by adding at the end the following new
subsection:
``(e) Prohibition Related to Display of Confederate Battle
Flag.--(1) The Secretary of a military department may not
establish, maintain, or support a unit of the program at any
public educational institution, including any senior military
college specified in section 2111a of this title, that
displays, in a location other than in a museum exhibit, the
Confederate battle flag.
``(2)(A) Upon making a determination under paragraph (1)
that an educational institution displays, in a location other
than in a museum exhibit, the Confederate battle flag, the
Secretary of the military department concerned shall
terminate, in accordance with subparagraph (B), any unit of
the program at that educational institution in existence as
of the date of the determination.
``(B) The termination of a unit of the program at an
educational institution pursuant to this paragraph shall take
effect on the date on which--
``(i) each member of the program who, as of the date of the
determination, is enrolled in the educational institution is
no longer so enrolled; and
``(ii) each student who, as of the date of the
determination, is enrolled in the educational institution but
not yet a member of the program, is no longer so enrolled.
``(3) Not later than January 31, 2017, and each January 31
thereafter through January 31, 2021, the Secretary of Defense
shall submit to the congressional defense committees a
report--
``(A) identifying each unit of the program located at an
educational institution that displays, in a location other
than in a museum exhibit, the Confederate battle flag; and
``(B) describing the implementation of this subsection with
respect to that educational institution.
``(4) In this subsection, the term `Confederate battle
flag' means the battle flag of the Army of Northern Virginia,
the battle flag of the Army of Tennessee, the battle flag of
Forrest's Cavalry Corps, the Second Confederate Navy Jack,
the Second Confederate Navy Ensign, or other flag with a like
design.''.
(b) Conforming Amendments.--Such title is further amended
as follows:
(1) In section 2102(d), striking ``The President'' and
inserting ``Subject to subsection (e), the President''.
(2) In section 2111a--
(A) in subsection (d), by striking ``The Secretary'' and
inserting ``Except as provided in section 2102(e) of this
title, the Secretary''.
(B) in subsection (e)(1), by striking ``The Secretary'' and
inserting ``Except in the case of a senior miliary college at
which a unit of the program is terminated pursuant to section
2102(e) of this title, the Secretary''.
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