110 HR 5462 IH: To amend title 10, United States Code, to deny Federal U.S. House of Representatives 2008-02-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 2d Session H. R. 5462 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.

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. .