[Congressional Record Volume 152, Number 32 (Tuesday, March 14, 2006)]
[House]
[Pages H884-H887]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EXPRESSING SUPPORT OF CONGRESS REGARDING ACCESS OF MILITARY RECRUITERS
TO INSTITUTIONS OF HIGHER EDUCATION
Mrs. DRAKE. Mr. Speaker, I move to suspend the rules and agree to the
concurrent resolution (H. Con. Res. 354) expressing the continued
support of Congress for requiring an institution of higher education to
provide military recruiters with access to the institution's campus and
students at least equal in quality and scope to that which is provided
to any other employer in order to be eligible for the receipt of
certain Federal funds.
The Clerk read as follows:
H. Con. Res. 354
Whereas on March 6, 2006, the Supreme Court ruled 8-0 in
favor of the Government in the case of Rumsfeld v. Forum for
Academic and Institutional Rights, Inc., upholding the
authority of Congress to withhold Federal funds from an
institution of higher education that prevents military
recruiters from gaining access to the institution's campus
and students in a manner that is at least equal in quality
and scope to that which is provided to any other employer;
Whereas this important decision comes at a time when the
Nation finds itself at war and reaffirms the constitutional
obligation of the Government to provide for the defense of
the Nation;
Whereas the decision recognizes the authority of Congress
under section 8 of article I of the Constitution 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 national security interests of the United
States are best served by a high level of military personnel
readiness;
Whereas the ability of the Armed Forces to recruit the best
possible candidates from the widest available pool of talent
is of paramount importance to national security;
Whereas institutions of higher education are an important
source of recruits for the Armed Forces;
Whereas an institution of higher education that prevents
military recruiters from gaining access to the institution's
campus or students in a manner that is at least equal in
quality and scope to that which is provided to any other
employer does a disservice to those students who desire the
opportunity to serve in the Armed Forces; and
Whereas section 983 of title 10, United States Code,
requires institutions of higher education to provide such
equal access to military recruiters in order to be eligible
for the receipt of certain Federal funds: Now, therefore, be
it
Resolved by the House of Representatives (the Senate
concurring), That Congress expresses
[[Page H885]]
continued support for requiring an institution of higher
education to provide military recruiters with access to the
institution's campus and students at least equal in quality
and scope to that which is provided to any other employer in
order to be eligible for the receipt of certain Federal
funds.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Virginia (Mrs. Drake) and the gentleman from North Carolina (Mr.
Butterfield) each will control 20 minutes.
The Chair recognizes the gentlewoman from Virginia.
General Leave
Mrs. DRAKE. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days within which to revise and extend their remarks
on the resolution under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Virginia?
There was no objection.
Mrs. DRAKE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, on March 6, 2006, the Supreme Court of the United
States, in unanimously deciding in favor of the government's position
in the case Rumsfeld v. the Forum for Academic and Institutional
Rights, Inc., sent an emphatic rebuke to those who would view
opposition to military recruiting as a form of protest.
The military recruiting process within our colleges and universities
is an important pillar of our national security that we can ill afford
to cavalierly cast aside because of a policy disagreement.
The Supreme Court's decision upheld the Solomon Amendment named for
the late U.S. Representative, Gerald Solomon, and strongly supported
from its inception in 1994 by our colleague, the gentleman from
California (Mr. Pombo).
Mr. Solomon's and Mr. Pombo's initial objective was simple. No
institution may deny access to recruiters, to students and student
information, or student access to Reserve Officer Training Corps, or
ROTC programs, without forfeiting their Federal grants and other
funding.
Under a number of modifications over the years, the language ruled on
by the court requires access to military recruiters that is at least
equal in quality and scope to the access provided to any other
employer.
While the law initially put only Department of Defense funding at
risk, the current law, upheld by the court's ruling, would allow the
funding from eight agencies to be withheld, including the Department of
Homeland Security, the Department of Transportation, the Department of
Energy, the Department of Education, and the Department of Health and
Human Services.
The group, representing a number of law schools and professors, had
persuaded the United States Court of Appeals for the Third Circuit in
Philadelphia that the Solomon Amendment violated the Unconstitutional
Conditions Doctrine, because it forced a law school to choose between
surrendering first amendment rights of speech and association and
losing Federal funding for its university.
At the center of the debate was the objection of certain
organizations to the Department of Defense policy that denies military
service to open homosexuals. The Supreme Court decision discredited the
case by clarifying that the Solomon Amendment regulated conduct and not
speech, and that it was clear that the policy on homosexuals was a
government statement and not the policy of the law schools.
The decision also noted that the Solomon Amendment presented no risk
to the freedom of association of the law schools since there was no
capability for recruiters to become part of an institution and actively
hijack the public perception of the institution's views.
Mr. Speaker, House Concurrent Resolution 354, offered by the
gentleman from California (Mr. Pombo), is a celebration of a wise and
just decision by our Supreme Court and a strong statement of
Congressional support for the Solomon Amendment.
The Solomon Amendment expresses the inherent wisdom of its author and
the finest traditions of our Nation. In Mr. Solomon's view, barring
military recruiters was an intrusion on Federal prerogatives, a slap in
the face to our Nation's military personnel, and an impediment to a
sound national security policy.
Mr. Speaker, the Solomon Amendment really does work to protect the
future of our Nation. Today, there are only three small law schools
that have chosen to deny recruiters access to campuses and student
information. They simply do not require Federal funding to survive, and
they have chosen to protest the Department of Defense policy on
homosexuals in the military as is their right.
But for the overwhelming majority of colleges and universities, the
worthy messages of patriotism and service to Nation are being heard by
America's youth and they are stepping forward to confront our enemies
in this long war against terror.
Mr. Speaker, I commend Mr. Pombo for introducing this resolution. It
is imperative that everyone in our Nation understand the importance of
military recruiting and the unequivocal committee support of the
Congress for the Solomon Amendment.
Mr. Speaker, I urge my colleagues to support House Concurrent
Resolution 354.
Mr. Speaker, I reserve the balance of my time.
Mr. BUTTERFIELD. Mr. Speaker, I yield myself such time as I may
consume. I rise in support of House Concurrent Resolution 354, which
expresses Congress' continued support to require institutions of higher
education to provide military recruiters the same access to students as
they provide to other employers.
I am pleased to join with the gentlewoman from Virginia (Mrs. Drake)
in support of this measure. I would also like to recognize the
gentleman from California (Mr. Pombo) for bringing this measure forward
today.
Mr. Speaker, on March 6, 2006 just a few days ago, the United States
Supreme Court affirmed the statutory provision that requires
institutions of higher education to provide access to students at least
equal in quality and equal in scope to those that are provided to other
employers in order to be eligible for receipt of Federal funds.
The statutory provision, commonly referred to as the Solomon
Amendment, was first enacted in 1994, and has subsequently been amended
over the past several years. However, the basic underlying premise of
the provision is that a college or university that denies military
recruiters access equal to other recruiters would lose their Federal
funds.
The Supreme Court found that the Solomon Amendment does not violate
the first amendment, and that Congress can require law schools to
provide equal access to military recruiters without violating the
school's freedom of speech or association as schools are free to not
accept Federal funding.
We are a Nation at war, and military recruiters need to be able to
recruit individuals from all walks of life, from the high school
graduate, to the person completing their doctorate and all of those in
between, whether they are undergraduates in liberal arts, whether they
are law school students or medical professionals completing their
residency.
The military, in many ways, is just a microcosm of our society as a
whole. And Congress has a responsibility to ensure that all Americans,
all Americans are afforded the knowledge and the opportunity to serve
their Nation if they choose to do so.
Therefore, Mr. Speaker, I urge my colleagues to vote for this
resolution.
Mr. Speaker, I reserve the balance of my time.
Mrs. DRAKE. Mr. Speaker, I yield such time as she may consume to the
gentlewoman from Michigan (Mrs. Miller).
Mrs. MILLER of Michigan. Mr. Speaker, in this House, we are
continually voting for increased funding for institutions of higher
learning in our Nation, and it is certainly right and it is proper that
we do so, because our future depends or our young people being able to
receive the education that they so rightly deserve.
But what has been troubling in recent years has been attempts by many
of these same institutions that receive Federal funding to restrict or
to bar military recruiters from their campuses in violation of the law.
Recently, Mr. Speaker, the Supreme Court voted in an 8-0 decision to
uphold the requirement that military recruiters be given access to
students
[[Page H886]]
like any other perspective employer, or that institution could lose
their Federal funding. This policy is very, very important to the
future of our military, of our freedom, and of our democracy.
The young men and women on our college campuses should not be denied
the great opportunities available to them, to so many of them in the
United States military, just because some college administrator may not
agree with our national policy.
We have freedom in our Nation, but that freedom is not free. And
there are many young people in our Nation's colleges, in our Nation's
universities who are willing to pay the price of service and of
sacrifice in order to protect the freedom of every one of their fellow
Americans.
Mr. Speaker, this resolution restates the policy and sends a very
clear message to our Nation's colleges and to our Nation's
universities. We as a Nation want to support their mission to educate
our young people. They must allow equal access to our military
recruiters to give those students a chance to see if serving their
country is perhaps the right career move for them or the right personal
choice for them.
Mr. Speaker, not one person in this Nation is drafted into military
service. We have an all-volunteer military. It makes us strong and it
keeps us free. Free people make free decisions. Let us let our young
people continue to make theirs an informed decision.
Mr. Speaker, I urge my colleagues to support this resolution.
Mr. BUTTERFIELD. Mr. Speaker, I yield 3 minutes to the gentleman from
Ohio (Mr. Kucinich).
Mr. KUCINICH. Mr. Speaker, I want to thank the gentleman for the
recognition to speak so that I can make my remarks with the proper
perspective.
My father, Frank Kucinich, was a World War II Marine Corps veteran.
{time} 1515
My brother Frank Kucinich, Jr., was a Vietnam veteran in the Marines.
My brother Gary Kucinich was a Marine Corps veteran, 1968 to 1972. My
sister Beth Ann Kucinich served in the United States Army. I would have
served as well except that I was not able to get in as I have a heart
murmur.
We have a tradition of service in my family. My nephew Gary Kucinich,
my brother Gary's son, is in Iraq right now. But having said all that,
I want to say that while I believe it is honorable to serve our country
and we should praise those who do serve, I rise in strong opposition to
H. Con. Res. 354 and in support of the necessity and importance of
nondiscrimination policies.
The military's misguided Don't Ask, Don't Tell ban on lesbian, gay
and bisexual servicemembers is clearly not compatible with university
policies that prohibit campus recruiting by employers who discriminate
on the basis of sexual orientation.
There is no lack of ``equal'' access for any employer that seeks to
recruit on America's college campuses, assuming those employers do not
discriminate. But granting access to an employer, whether military,
private sector or otherwise, that fails to meet a school's
nondiscrimination policy is not equal access, but special access. It is
a unique right to discriminate, granted only to the military.
This Congress should be leading the way in the fight against
discrimination, not supporting policies that allow the military to
sidestep nondiscrimination policies. We should ensure that all men and
women who wish to serve in the Armed Forces are allowed to do so by
repealing Don't Ask, Don't Tell.
Requiring schools to suspend their nondiscrimination policies for
military recruiters and their openly discriminatory policies is a step
backwards. Rather than condone and supporting these discriminatory
policies, this Congress should work diligently to eliminate the need
for nondiscrimination policies. I urge my colleagues to take the lead
in the fight against discrimination. I urge my colleagues to vote
against this bill.
Mr. McKEON. Mr. Speaker, I rise in very strong support of H. Con.
Res. 354. As chairman of the Education and the Workforce Committee and
a member of the Armed Services Committee, this measure touches on two
issues very near and dear to my heart: higher education and our
national security.
Just over a week ago, the U.S. Supreme Court announced a unanimous
decision to protect the rights of military recruiters seeking access to
colleges and universities that accept Federal funding. I applaud the
Supreme Court's decision, which embodies the same spirit as many of our
own legislative efforts here in Congress.
Since its enactment in 1996, the Solomon amendment has found many
allies on the Education and the Workforce and the Armed Services
Committees, as well as throughout the entire House. Our consistent
message has been this: Whether in a time of war or a time of peace, if
colleges and universities are willing to accept taxpayer dollars to
operate, they also must be willing to accept those who recruit the men
and women who defend our Nation--and our freedom.
At no time in recent memory has our Nation placed more responsibility
upon the shoulders of our men and women in uniform. We're fighting a
war unlike any we have ever fought before and doing so on multiple
fronts. As we struggle to preserve our very way of life, it is
essential that we promote military service as an option for college
students across the country. Indeed, if we are going to find success in
defending our freedom and protecting our homeland, then our military
recruiters must have access to our Nation's best and brightest
students. And that access is what the Solomon amendment, last week's
unanimous Supreme Court decision, and our ongoing efforts here in
Congress continue to protect.
Mr. Speaker, this Congress has established a record of action on
national security issues, from supporting our military to providing for
a strong national defense to fighting and winning the war on terror. We
remain committed to standing behind our troops and defending our Nation
from every threat, and this resolution is a reflection of that fact. I
urge my colleagues to join me in supporting this measure.
Mr. FARR. Mr. Speaker, I rise in opposition today to H. Con. Res.
354.
Last year, students at the University of California at Santa Cruz in
my district organized a demonstration protesting the Department of
Defense's ``Don't Ask, Don't Tell'' policy and the presence of military
recruiters to campus. How did DOD respond? They sent someone to spy on
the protest and deemed the participants, students exercising their
constitutional rights, a ``credible threat''! .
Our country was founded on the principle that its citizens have the
authority to disagree with their government. As Edward R. Murrow said,
``We must not confuse dissent with disloyalty.'' Unwarranted domestic
spying is the kind of extreme DOD reaction that concerns me if military
recruiters are allowed unfettered access to campuses across the Nation.
The Republican leadership may be eager to endorse the recent Supreme
Court decision requiring higher education institutions to provide
access to a Government agency that practices blatant discriminatory
practices, but my constituents and I are not.
Conditional Federal funding may be constitutional, but discrimination
in all practices should not be.
Congress should be working to encourage civil rights and non-
discriminatory practices, not endorsing a decision that forces
universities to disregard their own values and the constitutional
rights of their students. Equating equal opportunity employers with a
Government agency that abides by the discriminatory ``Don't ask, don't
tell'' policy is unreasonable and unjust.
I urge a ``no'' vote on this resolution.
Mr. STARK. Mr. Speaker, I rise in strong opposition to H. Con. Res.
354 because the military should not discriminate based on sexual
orientation. Colleges and universities should be able to deny access to
military recruiters without losing Federal funds.
In 1948, President Harry S. Truman courageously integrated the Armed
Forces, signing Executive Order 9981 when many in his party opposed
racial equality. As a result, the military has since served as an
example for private and public organizations alike, encouraging racial
equality and opportunity in hiring and promotion.
In contrast, President Bush promotes divisive prejudices and his
friends in Congress are here today promoting a backward agenda. This
resolution declares support for a court decision that prevents
institutions of higher education from promoting higher understanding.
President Truman demonstrated great courage by racially integrating
the military. President Bush and his Republican cronies show great
cowardice in failing to advance additional civil rights today. If they
were in power in 1948, I doubt they would have acted then either.
I urge my colleagues to oppose this resolution and allow universities
to continue to promote racial, religious, gender--and sexual--equality.
Mr. BLUMENAUER. Mr. Speaker, my support for this resolution is
reluctant because, while I believe that allowing military recruiters
[[Page H887]]
equal access to institutions of higher education is beneficial to both
the military and the students, I am also strongly opposed to policies
that discriminate on the basis of sexual orientation, such ``Don't Ask,
Don't Tell.'' This policy has deprived the military of over 10,000
highly trained soldiers during a time of war and continues to cost the
government millions of dollars in wasted training and enforcement
costs. If we want to bridge the divide between the military and
universities, we should, instead of passing resolutions like H. Con.
Res. 354, pass H.R. 1059, the ``Military Readiness Enhancement Act,''
which, by repealing ``Don't Ask, Don't Tell,'' would end the dispute
over equal access for military recruiters. At the end of the day, our
security is best served by giving all qualified Americans the freedom
to serve our country.
Mrs. DRAKE. Mr. Speaker, I reserve the balance of my time.
Mr. BUTTERFIELD. Mr. Speaker, I have no further requests for time,
and I yield back the balance of my time.
Mrs. DRAKE. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Shimkus). The question is on the motion
offered by the gentlewoman from Virginia (Mrs. Drake) that the House
suspend the rules and agree to the concurrent resolution, H. Con. Res.
354.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of
those present have voted in the affirmative.
Mrs. DRAKE. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this question will
be postponed.
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