[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5462 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5462

 To amend title 10, United States Code, to deny Federal funds for any 
 State or city, county, or other political subdivision of a State that 
   prohibits or unduly restricts the establishment or operation of a 
                      military recruiting office.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 14, 2008

   Mr. Gohmert (for himself, Mr. Kline of Minnesota, Mr. Campbell of 
    California, Mr. Brady of Texas, Mr. King of Iowa, Mr. Sali, Mr. 
 Lamborn, Mr. Conaway, Mr. Shadegg, Mr. Chabot, Mr. Price of Georgia, 
Mr. David Davis of Tennessee, Mr. Garrett of New Jersey, Mr. Franks of 
   Arizona, Mrs. Myrick, Mr. Sam Johnson of Texas, Mr. Manzullo, Mr. 
 Goode, Mr. Pitts, Mr. Wamp, Mr. Feeney, Mr. Walberg, Mr. Gingrey, Mr. 
  Marchant, Mr. Herger, Mrs. Bachmann, Mrs. Blackburn, Mr. Akin, Mr. 
 Broun of Georgia, Mr. Bilbray, Mr. Brown of South Carolina, Mr. Issa, 
Mr. Neugebauer, Mr. Hunter, Mr. Poe, Mr. Hall of Texas, Mr. Ehlers, Mr. 
Burton of Indiana, Mr. Barton of Texas, Mr. McHenry, Mr. Sessions, Mr. 
 Hayes, Mr. Latta, Mr. Pence, Mr. King of New York, and Mr. Daniel E. 
    Lungren of California) introduced the following bill; which was 
  referred to the Committee on Armed Services, and in addition to the 
   Committee on Education and Labor, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend title 10, United States Code, to deny Federal funds for any 
 State or city, county, or other political subdivision of a State that 
   prohibits or unduly restricts the establishment or operation of a 
                      military recruiting office.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DENIAL OF FEDERAL FUNDS FOR STATES AND POLITICAL 
              SUBDIVISIONS OF STATES PROHIBITING OR UNDULY RESTRICTING 
              MILITARY RECRUITING OFFICES.

    Section 503 of title 10, United States Code, is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new 
        subsection (d):
    ``(d) Response to Prohibitions or Restrictions on Military 
Recruiting Offices.--
            ``(1) Cut-off of certain federal funding.--No funds 
        described in paragraph (3) of this subsection may be provided 
        by appropriation, grant, award, contract or any other means to 
        a State or a city, county, or other political subdivision of a 
        State if the Secretary of Defense determines that the State or 
        political subdivision prohibits or unreasonably restricts, 
        through the imposition of zoning requirements more restrictive 
        than the requirements imposed on most small businesses within 
        the jurisdiction involved, the ability of the armed forces to 
        establish and operate a military recruiting office. The 
        prohibition on a State receiving Federal funds applies only if 
        the State acts to prohibit or unreasonably restrict military 
        recruiting offices, and the State is not held responsible for 
        the actions of political subdivisions of the State.
            ``(2) Notification.--The Secretary of Defense shall notify 
        the President and the Congress of each determination made under 
        paragraph (1) of this subsection regarding a State or political 
        subdivision and the basis for the determination.
            ``(3) Covered funds.--The limitations established in 
        paragraph (1) of this subsection apply to the following:
                    ``(A) Any funds made available by the Department of 
                Defense.
                    ``(B) Any funds made available by 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.
                    ``(C) Any funds made available by the Department of 
                Homeland Security.
                    ``(D) Any funds made available by the National 
                Nuclear Security Administration of the Department of 
                Energy.
                    ``(E) Any funds made available by the Department of 
                Transportation.
                    ``(F) Any funds made available by the Department of 
                Agriculture.
                    ``(G) Any funds made available by the Central 
                Intelligence Agency.
                    ``(H) Any other Federal funds, whether made 
                available by appropriation, grant, award, contract or 
                any other means to a State or a political subdivision 
                of a State.
            ``(4) Termination of funding cut-off.--The limitation 
        imposed by paragraph (1) of this subsection shall not apply to 
        a State or political subdivision if the Secretary of Defense 
        determines that the State or political subdivision has 
        terminated or otherwise ceased to enforce the prohibition or 
        restrictions described in such paragraph.
            ``(5) Definitions.--In this subsection:
                    ``(A) The term `military recruiting office' means 
                any permanent structure used by the armed forces as a 
                location to recruit persons to enlist in the armed 
                forces.
                    ``(B) The term `State' means any of the several 
                States, the District of Columbia, the Commonwealth of 
                Puerto Rico, Guam, the United States Virgin Islands, 
                the Commonwealth of the Northern Mariana Islands, 
                American Samoa, and any other territory or possession 
                of the United States.''.
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