[Congressional Record Volume 155, Number 29 (Thursday, February 12, 2009)]
[Extensions of Remarks]
[Page E255]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        INTRODUCTION OF THE FAIRNESS FOR MILITARY RECRUITERS ACT

                                 ______
                                 

                           HON. DUNCAN HUNTER

                             of california

                    in the house of representatives

                      Thursday, February 12, 2009

  Mr. HUNTER. Madam Speaker, today I am introducing the Fairness for 
Military Recruiters Act, legislation that supports the efforts of our 
armed forces to recruit talented young Americans from our nation's high 
schools. This legislation reaffirms and strengthens existing federal 
law, enacted in 2001 under the No Child Left Behind Act, that provides 
military recruiters the same access to high school campuses and basic 
student contact information that is given to institutions of higher 
education.
  Before the enactment of No Child Left Behind, it was reported that 
nearly 2,000 high schools across the country either banned military 
recruiters from their campuses or restricted access to student 
directories. Since then, despite some early opposition from several 
school boards and administrators, military recruiters have maintained 
regular and unrestricted access to high schools nationwide.
  Under current law, any high school that receives federal education 
funding must provide military recruiters access to its campus and 
student directories--the same access that is provided to colleges and 
universities. At the same time, schools are required to notify parents 
and students of their right to ``opt-out'' of the program. A request 
from a parent is all it takes for a student not be contacted or 
approached directly by a military recruiter.
  This is a straightforward, balanced approach to ensuring that 
students are familiar with the education and career opportunities 
offered by any one of our military service branches. Military service 
promotes discipline, self-esteem and a strong work-ethic, and young 
Americans should not be discouraged from serving their country or 
simply exploring the benefits of serving in the armed forces.
  Of course, there are some school administrators and activist groups 
that oppose the idea of military recruiters contacting high-school 
students. There are even reported cases of these groups, known as 
``counter-recruiters,'' attending parent-teacher conferences and 
loitering outside schools with opt-out forms in hand. Likewise, 
administrators have creatively interpreted notification and consent 
requirements in the interest of denying recruiters access to student 
contact information.
  Students and parents should make the decision to opt-out on their 
own, without influence from activists and administrators with anti-
military bias. Families that recognize and honor the commitment of our 
military to defending the freedom of the American people should not be 
represented by the small minority of those who actively seek to 
denigrate our armed forces.
  The legislation I am introducing today simply reaffirms current law 
by protecting the right of parents and students to opt-out while also 
maintaining military recruiter access to high school campuses and 
directories. Schools would still be obligated to notify parents and 
students of their options, ensuring there is a mechanism in place that 
prevents the contact information of those who wish not to be contacted 
from being released.
  The alternative suggested by some of my colleagues, particularly in 
anticipation of the upcoming reauthorization of the Elementary and 
Secondary Education Act, is to create an opt-in process. In other 
words, military recruiters would be denied access to student 
information unless parents send in a release authorization form. They 
question whether the recruitment provision violates a student's right 
to privacy, even though it is consistent with federal law and court-
tested privacy rights. An analysis by the Congressional Research 
Services also acknowledges this fact, noting that, unlike medical 
records, the basic information available to recruiters is no different 
than the information ``typically found in a phone book.''
  The legislation specifically prohibits the implementation of an opt-
in process and clarifies the notification and consent requirement by 
placing the personal information and career interests of students 
firmly in the control of parents. Only parents, legal guardians or 
students 18 years of age, could make a written request that contact 
information not be released.
  Madam Speaker, our national security continues to hinge on patriotic 
and talented Americans coming forward and volunteering military 
service. Restricting recruiter access to high schools would serve to 
reduce the quality of our armed forces and undoubtedly constrain the 
ability of students to consider military education and career 
opportunities.
  I urge my colleagues to support this effort as we continue working to 
strengthen our national security and raise awareness about the 
education and career benefits provided through military service.

                          ____________________