[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 36 Engrossed in House (EH)]
1st Session
H. CON. RES. 36
_______________________________________________________________________
CONCURRENT RESOLUTION
Expressing the continued support of Congress for equal access of
military recruiters to institutions of higher education.
109th CONGRESS
1st Session
H. CON. RES. 36
_______________________________________________________________________
CONCURRENT RESOLUTION
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 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.
Passed the House of Representatives February 2, 2005.
Attest:
Clerk.