[Congressional Record Volume 151, Number 9 (Wednesday, February 2, 2005)]
[House]
[Pages H315-H317]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 EXPRESSING CONTINUED SUPPORT OF CONGRESS FOR EQUAL ACCESS OF MILITARY 
             RECRUITERS TO INSTITUTIONS OF HIGHER EDUCATION

  Mr. KLINE. Mr. Speaker, pursuant to House Resolution 59, I call up 
the concurrent resolution (H. Con. Res. 36) expressing the continued 
support of Congress for equal access of military recruiters to 
institutions of higher education, and ask for its immediate 
consideration.
  The Clerk read the title of the concurrent resolution.
  The text of House Concurrent Resolution 36 is as follows:

                            H. Con. Res. 36

       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

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     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.

  The SPEAKER pro tempore. Pursuant to House Resolution 59, the 
gentleman from Minnesota (Mr. Kline) and the gentleman from North 
Carolina (Mr. Butterfield) each will control 30 minutes.
  The Chair recognizes the gentleman from Minnesota (Mr. Kline).
  Mr. KLINE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, while the men and women of our Armed Forces serve 
bravely throughout the world, the ability of our U.S. military to 
recruit highly qualified candidates is being put in jeopardy. As was 
stated so eloquently by the late Representative Gerald Solomon, barring 
military recruiters is an intrusion on Federal prerogatives, a slap in 
the face to our Nation's fine military personnel, and an impediment to 
sound national security policy.
  The legislation bearing his name, the Solomon Amendment, formerly 
protected the ability of the U.S. military to reach the most highly 
qualified candidates by denying Federal funding, denying Federal 
funding to colleges which refused to permit on-campus recruiting by the 
U.S. military. However, on November 29 of last year, the Third Circuit 
Court of Appeals in Philadelphia overturned this legislation, enabling 
universities to receive Federal funding despite barring military 
recruiters from campus.
  This decision threatens to severely damage the ability of the 
military to recruit the highly qualified candidates necessary during a 
time of war. Harvard Law School and now Yale Law School have already 
implemented the unjust policy of denying the military access to their 
campuses for recruiting purposes. Without the threat of lost funding, 
sadly, many other schools are expected to follow suit. The Department 
of Defense intends to appeal this ruling, but in the interim the 
military risks losing access to a vital source of highly qualified 
recruits. Our desire is to ensure this does not happen.
  Under Article I, section 8 of the United States Constitution, 
Congress has the exclusive power to raise and support armies, provide 
and maintain a Navy, and make the rules for the Government and 
regulation of the Armed Forces. Congress has not only the right but the 
responsibility to use its power to protect the ability of our U.S. 
military to recruit the best and the brightest young men and women. We 
cannot be silent while this ability is put in jeopardy.
  The citizens of the United States, all citizens of the United States, 
and I would argue the world, benefit from the protection of the most 
highly qualified and well-trained military in the world, and I am 
hopeful our actions today will put an end to the injustice of banning 
recruiters and will restore the ability of the U.S. military to serve 
its citizens most effectively.
  Mr. Speaker, I reserve the balance of my time.

                              {time}  1315

  Mr. BUTTERFIELD. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise today in support of this resolution. The 103rd 
Congress determined that Federal funding should be denied to 
institutions of higher learning that prohibit military representatives 
from having student access while permitting access to other employers.
  The Solomon Amendment was passed by this body in 1994 after vigorous 
debate by a vote of 271 to 126. The amendment was simple, ``You cannot 
receive Federal funds for your institution if you impair the military 
from recruiting on your campus, yet allow other employers access to the 
students.''
  It is essential that our military be prepared to defend our country. 
Cost-effective recruiting is the key to an all-volunteer Army. Many of 
our institutions recognize Congress's intention and immediately 
complied with the intent and spirit of the Solomon Amendment. Other 
institutions have taken offense to the amendment by insisting that this 
measure offends the first amendment's provision that Congress shall 
make no law abridging the freedom of speech.
  The question of whether the Solomon Amendment violates the first 
amendment is now being litigated in our courts. The District Court for 
the District of New Jersey denied a request for injunctive relief which 
permitted this law to stand. The district court was of the opinion that 
the plaintiffs were not likely to prove a first amendment infringement. 
On appeal, the U.S. Court of Appeals for the Third Circuit in a 2 to 1 
decision reversed the district court and concluded that the plaintiffs 
demonstrated a likelihood of success on their contention that the first 
amendment claim had merit and directed the district court to enter a 
preliminary injunction which has the effect of permitting these 
universities to deny access to military recruiters.
  Mr. Speaker, I was a trial judge in my home State of North Carolina 
for 13 years and a State supreme court justice for 2 years. I can tell 
Members there is a presumption in our law to favor congressional 
enactments that are intended to support our military. There is a high 
burden on a plaintiff to overcome this presumption. No court has ever 
declared unconstitutional on first amendment grounds any congressional 
statute designed to support the military.
  If this law in any way offends the first amendment, the courts are 
then required to balance the interests that are involved and determine 
whether the violation trumps the articles relating to the spending 
power and support of the military.
  I need not remind my colleagues of the perilous times the American 
people now face. Like never before, this Congress must ensure that we 
have the best military on the planet and this includes having unimpeded 
access to our colleges and universities for the purpose of recruiting.
  It seems illogical to me that an institution desires Federal 
resources but wants to restrict access to military recruiters. 
Acceptance of Federal funding carries with it an expectation of support 
and respect for the laws of this

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Nation. I therefore join with the gentleman from Minnesota (Mr. Kline) 
in support of this resolution and urge its adoption. This matter needs 
to be put to rest. It is imperative that the executive branch take this 
matter to the U.S. Supreme Court to urge the court to give deference to 
the Congress and uphold this statute. This resolution makes it clear 
that the Congress intends to continue to support our military by 
ensuring equal access for military recruiters on college campuses, and 
it should be the sense of this Congress that we want judicial review of 
this matter by our highest court.
  Mr. Speaker, I reserve the balance of my time.
  The SPEAKER pro tempore (Mr. Simpson). Pursuant to the order of the 
House of today, further proceedings on this concurrent resolution will 
be postponed.

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