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 Cali-
fornia, 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. LUN-
GREN 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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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. DENIAL OF FEDERAL FUNDS FOR STATES AND 
POLITICAL SUBDIVISIONS OF STATES PRO-
HIBITING OR UNDULY RESTRICTING MILI-
TARY RECRUITING OFFICES. 
Section 503 of title 10, United States Code, is 
amended— 
(1) by redesignating subsection (d) as sub-
section (e); and 
(2) by inserting after subsection (c) the fol-
lowing new subsection (d): 
‘‘(d) RESPONSE TO PROHIBITIONS OR RESTRICTIONS 
ON MILITARY RECRUITING OFFICES.— 
‘‘(1) CUT-OFF
OF
CERTAIN
FEDERAL
FUND-
ING.—No funds described in paragraph (3) of this 
subsection may be provided by appropriation, grant, 
award, contract or any other means to a State or a 
city, county, or other political subdivision of a State 
if the Secretary of Defense determines that the 
State or political subdivision prohibits or unreason-
ably restricts, through the imposition of zoning re-
quirements more restrictive than the requirements 
imposed on most small businesses within the juris-
diction involved, the ability of the armed forces to 
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establish and operate a military recruiting office. 
The prohibition on a State receiving Federal funds 
applies only if the State acts to prohibit or unrea-
sonably restrict military recruiting offices, and the 
State is not held responsible for the actions of polit-
ical subdivisions of the State. 
‘‘(2) NOTIFICATION.—The Secretary of Defense 
shall notify the President and the Congress of each 
determination made under paragraph (1) of this 
subsection regarding a State or political subdivision 
and the basis for the determination. 
‘‘(3) COVERED FUNDS.—The limitations estab-
lished in paragraph (1) of this subsection apply to 
the following: 
‘‘(A) Any funds made available by the De-
partment of Defense. 
‘‘(B) Any funds made available by any de-
partment or agency for which regular appro-
priations are made in a Departments of Labor, 
Health and Human Services, and Education, 
and Related Agencies Appropriations Act. 
‘‘(C) Any funds made available by the De-
partment of Homeland Security. 
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‘‘(D) Any funds made available by the Na-
tional Nuclear Security Administration of the 
Department of Energy. 
‘‘(E) Any funds made available by the De-
partment of Transportation. 
‘‘(F) Any funds made available by the De-
partment of Agriculture. 
‘‘(G) Any funds made available by the 
Central Intelligence Agency. 
‘‘(H) Any other Federal funds, whether 
made available by appropriation, grant, award, 
contract or any other means to a State or a po-
litical subdivision of a State. 
‘‘(4) TERMINATION
OF
FUNDING
CUT-OFF.— 
The limitation imposed by paragraph (1) of this sub-
section shall not apply to a State or political subdivi-
sion if the Secretary of Defense determines that the 
State or political subdivision has terminated or oth-
erwise ceased to enforce the prohibition or restric-
tions described in such paragraph. 
‘‘(5) DEFINITIONS.—In this subsection: 
‘‘(A) The term ‘military recruiting office’ 
means any permanent structure used by the 
armed forces as a location to recruit persons to 
enlist in the armed forces. 
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‘‘(B) The term ‘State’ means any of the 
several States, the District of Columbia, the 
Commonwealth of Puerto Rico, Guam, the 
United States Virgin Islands, the Common-
wealth of the Northern Mariana Islands, Amer-
ican Samoa, and any other territory or posses-
sion of the United States.’’. 
Æ 
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