II 

110TH CONGRESS 

1ST SESSION S. 1908 

To amend the procedures regarding military recruiter access to secondary 

school student recruiting information. 

IN THE SENATE OF THE UNITED STATES 

JULY 31, 2007 

Mr. VITTER introduced the following bill; which was read twice and referred 

to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To amend the procedures regarding military recruiter access 

to secondary school student recruiting information. 

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

3 SECTION 1. ACCESS TO STUDENT RECRUITING INFORMA4 TION. 

5 (a) CHANGES TO THE ELEMENTARY AND SEC6 ONDARY EDUCATION ACT OF 1965.—Section 9528(a) of 

7 the Elementary and Secondary Education Act of 1965 (20 

8 U.S.C. 7908(a)) is amended— 

9 (1) by striking paragraphs (1) and (2) and in10 serting the following: 


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1 ‘‘(1) ACCESS TO STUDENT RECRUITING INFOR2 MATION.—Notwithstanding section 444(a)(5)(B) of 

3 the General Education Provisions Act, each local 

4 educational agency receiving assistance under this 

5 Act shall provide, upon a request made by a military 

6 recruiter or an institution of higher education, ac7 cess to the name, address, and telephone listing of 

8 each secondary school student served by the local 

9 educational agency, unless the parent of such stu10 dent has submitted the prior consent request under 

11 paragraph (2). 

12 ‘‘(2) CONSENT.— 

13 ‘‘(A) OPT-OUT PROCESS.—A parent of a 

14 secondary school student may submit a written 

15 request, to the local educational agency, that 

16 the student’s name, address, and telephone list17 ing not be released for purposes of paragraph 

18 (1) without prior written consent of the parent. 

19 Upon receiving such request, the local edu20 cational agency may not release the student’s 

21 name, address, and telephone listing for such 

22 purposes without the prior written consent of 

23 the parent. 

24 ‘‘(B) NOTIFICATION OF OPT-OUT PROC25 ESS.—Each local educational agency shall noVerDate Aug 31 2005 04:51 Aug 01, 2007 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1908.IS S1908

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1 tify the parents of the students served by the 

2 agency of the option to make a request de3 scribed in subparagraph (A).’’; and 

4 (2) by adding at the end the following: 

5 ‘‘(4) RULE OF CONSTRUCTION PROHIBITING

6 OPT-IN PROCESSES.—Nothing in this subsection 

7 shall be construed to allow a local educational agen8 cy to withhold access to a student’s name, address, 

9 and telephone listing from a military recruiter or in10 stitution of higher education by implementing an 

11 opt-in process or any other process other than the 

12 written consent request process under paragraph 

13 (2)(A). 

14 ‘‘(5) PARENTAL CONSENT.—For purposes of 

15 this subsection, whenever a student has attained 

16 eighteen years of age, the permission or consent re17 quired of and the rights accorded to the parents of 

18 the student shall only be required of and accorded 

19 to the student.’’. 

20 (b) CHANGES TO TITLE 10 OF THE UNITED STATES

21 CODE.—Section 503(c) of title 10, United States Code, 

22 is amended— 

23 (1) by striking paragraph (1) and inserting the 

24 following: ‘‘(1)(A) Each local educational agency reVerDate Aug 31 2005 04:51 Aug 01, 2007 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1908.IS S1908

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1 ceiving assistance under the Elementary and Sec2 ondary Education Act of 1965— 

3 ‘‘(i) shall provide to military recruiters the 

4 same access to secondary school students as is pro5 vided generally to postsecondary educational institu6 tions or to prospective employers of those students; 

7 and 

8 ‘‘(ii) shall provide, upon a request made by a 

9 military recruiter for military recruiting purposes, 

10 access to the name, address, and telephone listing of 

11 each secondary school student served by the local 

12 educational agency, notwithstanding section 

13 444(a)(5)(B) of the General Education Provisions 

14 Act (20 U.S.C. 1232g(a)(5)(B)), unless the parent 

15 of such student has submitted the prior consent re16 quest under subparagraph (B). 

17 ‘‘(B)(i) The parent of a secondary school student may 

18 submit a written request, to the local educational agency, 

19 that the student’s name, address, and telephone listing not 

20 be released for purposes of subparagraph (A) without 

21 prior written parental consent. Upon receiving a request, 

22 the local educational agency may not release the student’s 

23 name, address, and telephone listing for such purposes 

24 without the prior written consent of the parent. 


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1 ‘‘(ii) Each local educational agency shall notify par2 ents of the option to make a request described in clause 

3 (i). 

4 ‘‘(C) Nothing in this paragraph shall be construed to 

5 allow a local educational agency to withhold access to a 

6 student’s name, address, and telephone listing from a mili7 tary recruiter or institution of higher education by imple8 menting an opt-in process or any other process other than 

9 the written consent request process under subparagraph 

10 (B)(i). 

11 ‘‘(D) PARENTAL CONSENT.—For purposes of this 

12 paragraph, whenever a student has attained eighteen 

13 years of age, the permission or consent required of and 

14 the rights accorded to the parents of the student shall only 

15 be required of and accorded to the student.’’; 

16 (2) by striking paragraphs (2), (3), and (4) and 

17 inserting the following: 

18 ‘‘(2)(A) If a local educational agency denies recruit19 ing access to a military recruiter under this section, the 

20 Secretary shall notify— 

21 ‘‘(i) the Governor of the State in which the 

22 local educational agency is located; and 

23 ‘‘(ii) the Secretary of Education. 

24 ‘‘(B) Upon receiving a notification under subpara25 graph (A), the Secretary of Education— 


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1 ‘‘(i) shall, consistent with the provisions of part 

2 D of title IV of the General Education Provisions 

3 Act (20 U.S.C. 1234c), determine whether the local 

4 educational agency is failing to comply substantially 

5 with the requirements of this subsection; and 

6 ‘‘(ii) upon determining that the local edu7 cational agency has failed to comply substantially 

8 with such requirements, may impose a penalty or en9 force a remedy available for a violation of section 

10 9528(a) of the Elementary and Secondary Edu11 cation Act of 1965 (20 U.S.C. 7908(a)) in the same 

12 manner as such penalty or remedy would apply to a 

13 local educational agency that violated such section.’’; 

14 and 

15 (3) by redesignating paragraphs (5) and (6) as 

16 paragraphs (3) and (4), respectively. 

Æ 


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