IV 
109TH CONGRESS 
1ST SESSION 
H. CON. RES. 36 
Expressing the continued support of Congress for equal access of military 
recruiters to institutions of higher education. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 1, 2005 
Mr. ROGERS of Alabama (for himself, Mr. KLINE, Mr. SAM JOHNSON of 
Texas, Mr. GINGREY, Mr. COX, Mr. CALVERT, Mr. BARRETT of South 
Carolina, Mr. HAYES, Mr. KING of Iowa, Mr. SOUDER, Mr. WILSON of 
South Carolina, Mr. MCKEON, Mr. GUTKNECHT, Mr. HEFLEY, Mr. 
BARTLETT of Maryland, Mr. AKIN, Mr. WELDON of Pennsylvania, Mr. 
POMBO, Mr. DANIEL E. LUNGREN of California, Mrs. CUBIN, Mr. RENZI, 
Mr. SCHWARZ of Michigan, Mrs. DRAKE, Mr. KENNEDY of Minnesota, 
and Mr. BACHUS) submitted the following concurrent resolution; which 
was referred to the Committee on Armed Services, and in addition to the 
Committee on Education and the Workforce, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
CONCURRENT RESOLUTION 
Expressing the continued support of Congress for equal ac-
cess of military recruiters to institutions of higher edu-
cation. 
Whereas section 8 of article I of the Constitution commits ex-
clusively to Congress the powers to raise and support ar-
mies, provide and maintain a Navy, and make rules for 
the government and regulation of the land and naval 
forces;
•HCON 36 IH 
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 cam-
puses 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 edu-
cation with the legitimate pursuit of the Federal military 
recruiting function carries with it the harmful effect of 
increasing Federal spending to achieve the required out-
come, while at the same time compromising military per-
sonnel 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 al-
ternative 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
•HCON 36 IH 
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 pro-
vided to institutions of higher learning, but those tax-
payer funds are not an entitlement to any college or uni-
versity and can be provided subject to conditions and cri-
teria placed on those funds by Congress; 
Whereas acceptance of Federal funding carries with it an ex-
pectation of support and respect for the laws of the Na-
tion, 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 cam-
puses 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 en-
acted 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 recruit-
ing safeguard but also will inflict grave harm on the Na-
tion’s military readiness and the military’s ability to re-
cruit sufficient numbers of high-quality personnel; and
•HCON 36 IH 
Whereas the consequences specified in section 983 of title 10, 
United States Code, relating to a denial of certain Fed-
eral funding for failure to offer support of military re-
cruiting and Reserve Officers Training Corps functions, 
are instrumental to the achievement of military perform-
ance in satisfaction of the national interest and the Con-
stitutional duties of the Congress: Now, therefore, be it
Resolved by the House of Representatives (the Senate 
concurring), That—
(1) Congress remains committed to the achieve-
ment of military personnel readiness through vig-
orous 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 nec-
essary 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 execu-
tive branch should aggressively continue to pursue 
measures to challenge any decision impeding or pro-
hibiting 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
•HCON 36 IH 
find a decision affecting one jurisdiction to be bind-
ing on other jurisdictions. 
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