I 

110TH CONGRESS 

2D SESSION H. R. 5462 

To amend title 10, United States Code, to deny Federal funds for any 

State or city, county, or other political subdivision of a State that 

prohibits or unduly restricts the establishment or operation of a military 

recruiting office. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 14, 2008 

Mr. GOHMERT (for himself, Mr. KLINE of Minnesota, Mr. CAMPBELL of California, Mr. BRADY of Texas, Mr. KING of Iowa, Mr. SALI, Mr. LAMBORN, 

Mr. CONAWAY, Mr. SHADEGG, Mr. CHABOT, Mr. PRICE of Georgia, Mr. 

DAVID DAVIS of Tennessee, Mr. GARRETT of New Jersey, Mr. FRANKS

of Arizona, Mrs. MYRICK, Mr. SAM JOHNSON of Texas, Mr. MANZULLO, 

Mr. GOODE, Mr. PITTS, Mr. WAMP, Mr. FEENEY, Mr. WALBERG, Mr. 

GINGREY, Mr. MARCHANT, Mr. HERGER, Mrs. BACHMANN, Mrs. 

BLACKBURN, Mr. AKIN, Mr. BROUN of Georgia, Mr. BILBRAY, Mr. 

BROWN of South Carolina, Mr. ISSA, Mr. NEUGEBAUER, Mr. HUNTER, 

Mr. POE, Mr. HALL of Texas, Mr. EHLERS, Mr. BURTON of Indiana, Mr. 

BARTON of Texas, Mr. MCHENRY, Mr. SESSIONS, Mr. HAYES, Mr. 

LATTA, Mr. PENCE, Mr. KING of New York, and Mr. DANIEL E. LUNGREN of California) introduced the following bill; which was referred to 

the Committee on Armed Services, and in addition to the Committee on 

Education and Labor, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To amend title 10, United States Code, to deny Federal 

funds for any State or city, county, or other political 

subdivision of a State that prohibits or unduly restricts 

the establishment or operation of a military recruiting 

office. 

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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. DENIAL OF FEDERAL FUNDS FOR STATES AND 

4 POLITICAL SUBDIVISIONS OF STATES PRO5 HIBITING OR UNDULY RESTRICTING MILI6 TARY RECRUITING OFFICES. 

7 Section 503 of title 10, United States Code, is 

8 amended— 

9 (1) by redesignating subsection (d) as sub10 section (e); and 

11 (2) by inserting after subsection (c) the fol12 lowing new subsection (d): 

13 ‘‘(d) RESPONSE TO PROHIBITIONS OR RESTRICTIONS

14 ON MILITARY RECRUITING OFFICES.— 

15 ‘‘(1) CUT-OFF OF CERTAIN FEDERAL FUND16 ING.—No funds described in paragraph (3) of this 

17 subsection may be provided by appropriation, grant, 

18 award, contract or any other means to a State or a 

19 city, county, or other political subdivision of a State 

20 if the Secretary of Defense determines that the 

21 State or political subdivision prohibits or unreason22 ably restricts, through the imposition of zoning re23 quirements more restrictive than the requirements 

24 imposed on most small businesses within the juris25 diction involved, the ability of the armed forces to 

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1 establish and operate a military recruiting office. 

2 The prohibition on a State receiving Federal funds 

3 applies only if the State acts to prohibit or unrea4 sonably restrict military recruiting offices, and the 

5 State is not held responsible for the actions of polit6 ical subdivisions of the State. 

7 ‘‘(2) NOTIFICATION.—The Secretary of Defense 

8 shall notify the President and the Congress of each 

9 determination made under paragraph (1) of this 

10 subsection regarding a State or political subdivision 

11 and the basis for the determination. 

12 ‘‘(3) COVERED FUNDS.—The limitations estab13 lished in paragraph (1) of this subsection apply to 

14 the following: 

15 ‘‘(A) Any funds made available by the De16 partment of Defense. 

17 ‘‘(B) Any funds made available by any de18 partment or agency for which regular appro19 priations are made in a Departments of Labor, 

20 Health and Human Services, and Education, 

21 and Related Agencies Appropriations Act. 

22 ‘‘(C) Any funds made available by the De23 partment of Homeland Security. 

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1 ‘‘(D) Any funds made available by the Na2 tional Nuclear Security Administration of the 

3 Department of Energy. 

4 ‘‘(E) Any funds made available by the De5 partment of Transportation. 

6 ‘‘(F) Any funds made available by the De7 partment of Agriculture. 

8 ‘‘(G) Any funds made available by the 

9 Central Intelligence Agency. 

10 ‘‘(H) Any other Federal funds, whether 

11 made available by appropriation, grant, award, 

12 contract or any other means to a State or a po13 litical subdivision of a State. 

14 ‘‘(4) TERMINATION OF FUNDING CUT-OFF.— 

15 The limitation imposed by paragraph (1) of this sub16 section shall not apply to a State or political subdivi17 sion if the Secretary of Defense determines that the 

18 State or political subdivision has terminated or oth19 erwise ceased to enforce the prohibition or restric20 tions described in such paragraph. 

21 ‘‘(5) DEFINITIONS.—In this subsection: 

22 ‘‘(A) The term ‘military recruiting office’ 

23 means any permanent structure used by the 

24 armed forces as a location to recruit persons to 

25 enlist in the armed forces. 

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1 ‘‘(B) The term ‘State’ means any of the 

2 several States, the District of Columbia, the 

3 Commonwealth of Puerto Rico, Guam, the 

4 United States Virgin Islands, the Common5 wealth of the Northern Mariana Islands, Amer6 ican Samoa, and any other territory or posses7 sion of the United States.’’. 

Æ 

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