[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 36 Engrossed in House (EH)]


  1st Session

                            H. CON. RES. 36

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                         CONCURRENT RESOLUTION

   Expressing the continued support of Congress for equal access of 
        military recruiters to institutions of higher education.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
109th CONGRESS
  1st Session
H. CON. RES. 36

_______________________________________________________________________

                         CONCURRENT RESOLUTION

Whereas section 8 of article I of the Constitution commits exclusively to 
        Congress the powers to raise and support armies, provide and maintain a 
        Navy, and make rules for the government and regulation of the land and 
        naval forces;
Whereas the Nation's security interests demand high levels of military personnel 
        readiness, which in turn demand cost-effective military recruitment 
        programs;
Whereas military recruiting on the Nation's university campuses is one of the 
        primary means by which the Armed Forces obtain highly qualified new 
        military personnel and is an integral, effective, and necessary part of 
        overall military recruitment;
Whereas a lack of cooperation by institutions of higher education with the 
        legitimate pursuit of the Federal military recruiting function carries 
        with it the harmful effect of increasing Federal spending to achieve the 
        required outcome, while at the same time compromising military personnel 
        readiness and performance, which in turn conflicts with Federal 
        responsibilities to provide for the Nation's defense;
Whereas military recruiting will be significantly harmed if military recruiters 
        are denied access to campuses and students that is at least equal in 
        quality and scope to the access provided to any other employer;
Whereas on-campus recruiting and ready access to students are key components of 
        recruiting highly qualified new employees for any enterprise and are 
        recognized as such by both institutions of higher education and 
        employers and requiring the Armed Forces to rely exclusively on 
        alternative recruiting methods would adversely affect the ability of the 
        Armed Forces to attract the most qualified applicants;
Whereas any reduction in performance by the Armed Forces amidst the present 
        national emergency declared by the President on September 14, 2001, 
        operates against the national interest;
Whereas the Congress has chosen over time to appropriate funds for a variety of 
        Government programs to be provided to institutions of higher learning, 
        but those taxpayer funds are not an entitlement to any college or 
        university and can be provided subject to conditions and criteria placed 
        on those funds by Congress.
Whereas acceptance of Federal funding carries with it an expectation of support 
        and respect for the laws of the Nation, including section 983 of title 
        10, United States Code, relating to the support of military recruiting 
        and Reserve Officers Training Corps functions by certain educational 
        institutions;
Whereas Congress has acted to legislatively craft a safeguard for military 
        recruiting in section 983 of title 10, United States Code, by linking 
        Federal funding of educational institutions to the willingness of those 
        institutions to abide by a rule of access by military recruiters to 
        campuses and students that is at least equal in quality and scope that 
        is provided by any other employer;
Whereas the Government suffers irreparable injury any time it is prevented by a 
        court from effectuating statutes enacted by Congress, the 
        representatives of its people, and any obstruction against enforcement 
        of section 983 of title 10 of the United States Code will not only 
        divest the Department of Defense of a legislatively crafted recruiting 
        safeguard but also will inflict grave harm on the Nation's military 
        readiness and the military's ability to recruit sufficient numbers of 
        high-quality personnel; and
Whereas the consequences specified in section 983 of title 10, United States 
        Code, relating to a denial of certain Federal funding for failure to 
        offer support of military recruiting and Reserve Officers Training Corps 
        functions, are instrumental to the achievement of military performance 
        in satisfaction of the national interest and the Constitutional duties 
        of the Congress: Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That --
            (1) Congress remains committed to the achievement of 
        military personnel readiness through vigorous application of 
        the requirements set forth in section 983 of title 10, United 
        States Code, relating to equal access for military recruiters 
        at institutions of higher education, and will explore all 
        options necessary to maintain this commitment, including the 
        powers vested in it under article I, section 9, of the 
        Constitution;
            (2) it is the sense of Congress that the executive branch 
        should aggressively continue to pursue measures to challenge 
        any decision impeding or prohibiting the operation of section 
        983 of title 10, United States Code; and
            (3) Congress encourages the executive branch to follow the 
        doctrine of non-acquiescence and not find a decision affecting 
        one jurisdiction to be binding on other jurisdictions.

            Passed the House of Representatives February 2, 2005.

            Attest:

                                                                 Clerk.