[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 87 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 87

    To amend the procedures regarding military recruiter access to 
            secondary school student recruiting information.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 6, 2009

  Mr. Vitter introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
    To amend the procedures regarding military recruiter access to 
            secondary school student recruiting information.

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

SECTION 1. ACCESS TO STUDENT RECRUITING INFORMATION.

    (a) Changes to the Elementary and Secondary Education Act of 
1965.--Section 9528(a) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7908(a)) is amended--
            (1) by striking paragraphs (1) and (2) and inserting the 
        following:
            ``(1) Access to student recruiting information.--
        Notwithstanding section 444(a)(5)(B) of the General Education 
        Provisions Act, each local educational agency receiving 
        assistance under this Act shall provide, upon a request made by 
        a military recruiter or an institution of higher education, 
        access to the name, address, and telephone listing of each 
        secondary school student served by the local educational 
        agency, unless the parent of such student has submitted the 
        prior consent request under paragraph (2).
            ``(2) Consent.--
                    ``(A) Opt-out process.--A parent of a secondary 
                school student may submit a written request, to the 
                local educational agency, that the student's name, 
                address, and telephone listing not be released for 
                purposes of paragraph (1) without prior written consent 
                of the parent. Upon receiving such request, the local 
                educational agency may not release the student's name, 
                address, and telephone listing for such purposes 
                without the prior written consent of the parent.
                    ``(B) Notification of opt-out process.--Each local 
                educational agency shall notify the parents of the 
                students served by the agency of the option to make a 
                request described in subparagraph (A).''; and
            (2) by adding at the end the following:
            ``(4) Rule of construction prohibiting opt-in processes.--
        Nothing in this subsection shall be construed to allow a local 
        educational agency to withhold access to a student's name, 
        address, and telephone listing from a military recruiter or 
        institution of higher education by implementing an opt-in 
        process or any other process other than the written consent 
        request process under paragraph (2)(A).
            ``(5) Parental consent.--For purposes of this subsection, 
        whenever a student has attained eighteen years of age, the 
        permission or consent required of and the rights accorded to 
        the parents of the student shall only be required of and 
        accorded to the student.''.
    (b) Changes to Title 10 of the United States Code.--Section 503(c) 
of title 10, United States Code, is amended--
            (1) by striking paragraph (1) and inserting the following: 
        ``(1)(A) Each local educational agency receiving assistance 
        under the Elementary and Secondary Education Act of 1965--
            ``(i) shall provide to military recruiters the same access 
        to secondary school students as is provided generally to 
        postsecondary educational institutions or to prospective 
        employers of those students; and
            ``(ii) shall provide, upon a request made by a military 
        recruiter for military recruiting purposes, access to the name, 
        address, and telephone listing of each secondary school student 
        served by the local educational agency, notwithstanding section 
        444(a)(5)(B) of the General Education Provisions Act (20 U.S.C. 
        1232g(a)(5)(B)), unless the parent of such student has 
        submitted the prior consent request under subparagraph (B).
    ``(B)(i) The parent of a secondary school student may submit a 
written request, to the local educational agency, that the student's 
name, address, and telephone listing not be released for purposes of 
subparagraph (A) without prior written parental consent. Upon receiving 
a request, the local educational agency may not release the student's 
name, address, and telephone listing for such purposes without the 
prior written consent of the parent.
    ``(ii) Each local educational agency shall notify parents of the 
option to make a request described in clause (i).
    ``(C) Nothing in this paragraph shall be construed to allow a local 
educational agency to withhold access to a student's name, address, and 
telephone listing from a military recruiter or institution of higher 
education by implementing an opt-in process or any other process other 
than the written consent request process under subparagraph (B)(i).
    ``(D) Parental Consent.--For purposes of this paragraph, whenever a 
student has attained eighteen years of age, the permission or consent 
required of and the rights accorded to the parents of the student shall 
only be required of and accorded to the student.'';
            (2) by striking paragraphs (2), (3), and (4) and inserting 
        the following:
    ``(2)(A) If a local educational agency denies recruiting access to 
a military recruiter under this section, the Secretary shall notify--
            ``(i) the Governor of the State in which the local 
        educational agency is located; and
            ``(ii) the Secretary of Education.
    ``(B) Upon receiving a notification under subparagraph (A), the 
Secretary of Education--
            ``(i) shall, consistent with the provisions of part D of 
        title IV of the General Education Provisions Act (20 U.S.C. 
        1234 et seq.), determine whether the local educational agency 
        is failing to comply substantially with the requirements of 
        this subsection; and
            ``(ii) upon determining that the local educational agency 
        has failed to comply substantially with such requirements, may 
        impose a penalty, or enforce a remedy, available for a 
        violation of section 9528(a) of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7908(a)) in the same manner as 
        such penalty or remedy would apply to a local educational 
        agency that violated such section.'';
            (3) by redesignating paragraphs (5) and (6) as paragraphs 
        (3) and (4), respectively; and
            (4) in paragraph (4) (as redesignated by paragraph (3) of 
        this section)--
                    (A) by striking subparagraphs (C), (E), and (F); 
                and
                    (B) by redesignating subparagraph (D) as 
                subparagraph (C).
                                 <all>