I 
111TH CONGRESS 
1ST SESSION H. R. 1026 
To amend the procedures regarding military recruiter access to secondary 
school student recruiting information. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 12, 2009 
Mr. HUNTER (for himself, Mr. AKIN, Mrs. BACHMANN, Mr. BARTLETT, Mr. 
BISHOP of Utah, Mrs. BLACKBURN, Mr. BRADY of Texas, Mr. BROUN 
of Georgia, Mr. BROWN of South Carolina, Mr. BURTON of Indiana, Ms. 
FALLIN, Mr. FORTENBERRY, Ms. FOXX, Mr. GINGREY of Georgia, Mr. 
HENSARLING, Mr. HOEKSTRA, Mr. SAM JOHNSON of Texas, Mr. KING 
of Iowa, Mr. KLINE of Minnesota, Mr. LAMBORN, Mrs. LUMMIS, Mr. 
MCCAUL, Mr. MCKEON, Mr. OLSON, Mr. PITTS, Mr. PRICE of Georgia, 
Mr. ROONEY, Mr. SCALISE, Mrs. SCHMIDT, Mr. WAMP, Mr. WESTMORE-
LAND, Mr. BOEHNER, Mr. BILBRAY, Mr. FRANKS of Arizona, Mr. CAL-
VERT, and Mr. CHAFFETZ) introduced the following bill; which was re-
ferred to the Committee on Education and Labor, and in addition to the 
Committee on Armed Services, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To amend the procedures regarding military recruiter access 
to secondary school student recruiting information. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fairness for Military 
Recruiters Act’’. 
SEC. 2. ACCESS TO STUDENT RECRUITING INFORMATION. 
(a) CHANGES
TO
THE ELEMENTARY
AND SEC-
ONDARY EDUCATION ACT OF 1965.—Section 9528(a) of 
the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 7908(a)) is amended— 
(1) by striking paragraphs (1) and (2) and in-
serting the following: 
‘‘(1) ACCESS TO STUDENT RECRUITING INFOR-
MATION.—Notwithstanding section 444(a)(5)(B) of 
the General Education Provisions Act, each local 
educational agency receiving assistance under this 
Act shall provide, upon a request made by a military 
recruiter or an institution of higher education, ac-
cess to the name, address, and telephone listing of 
each secondary school student served by the local 
educational agency, unless the parent of such stu-
dent has submitted the prior consent request under 
paragraph (2). 
‘‘(2) CONSENT.— 
‘‘(A) OPT-OUT PROCESS.—A parent of a 
secondary school student may submit a written 
request, to the local educational agency, that 
the student’s name, address, and telephone list-
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ing not be released for purposes of paragraph 
(1) without prior written consent of the parent. 
Upon receiving such request, the local edu-
cational agency may not release the student’s 
name, address, and telephone listing for such 
purposes without the prior written consent of 
the parent. 
‘‘(B) NOTIFICATION
OF
OPT-OUT
PROC-
ESS.—Each local educational agency shall no-
tify the parents of the students served by the 
agency of the option to make a request de-
scribed in subparagraph (A).’’; and 
(2) by adding at the end the following: 
‘‘(4) RULE
OF
CONSTRUCTION
PROHIBITING 
OPT-IN
PROCESSES.—Nothing in this subsection 
shall be construed to allow a local educational agen-
cy to withhold access to a student’s name, address, 
and telephone listing from a military recruiter or in-
stitution of higher education by implementing an 
opt-in process or any other process other than the 
written consent request process under paragraph 
(2)(A). 
‘‘(5) PARENTAL
CONSENT.—For purposes of 
this subsection, whenever a student has attained 
eighteen years of age, the permission or consent re-
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quired of and the rights accorded to the parents of 
the student shall only be required of and accorded 
to the student.’’. 
(b) CHANGES TO TITLE 10 OF THE UNITED STATES 
CODE.—Section 503(c) of title 10, United States Code, 
is amended— 
(1) by striking paragraph (1) and inserting the 
following: ‘‘(1)(A) Each local educational agency re-
ceiving assistance under the Elementary and Sec-
ondary Education Act of 1965— 
‘‘(i) shall provide to military recruiters the 
same access to secondary school students as is pro-
vided generally to postsecondary educational institu-
tions or to prospective employers of those students; 
and 
‘‘(ii) shall provide, upon a request made by a 
military recruiter for military recruiting purposes, 
access to the name, address, and telephone listing of 
each secondary school student served by the local 
educational 
agency, 
notwithstanding 
section 
444(a)(5)(B) of the General Education Provisions 
Act (20 U.S.C. 1232g(a)(5)(B)), unless the parent 
of such student has submitted the prior consent re-
quest under subparagraph (B). 
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‘‘(B)(i) The parent of a secondary school student may 
submit a written request, to the local educational agency, 
that the student’s name, address, and telephone listing not 
be released for purposes of subparagraph (A) without 
prior written parental consent. Upon receiving a request, 
the local educational agency may not release the student’s 
name, address, and telephone listing for such purposes 
without the prior written consent of the parent. 
‘‘(ii) Each local educational agency shall notify par-
ents of the option to make a request described in clause 
(i). 
‘‘(C) Nothing in this paragraph shall be construed to 
allow a local educational agency to withhold access to a 
student’s name, address, and telephone listing from a mili-
tary recruiter or institution of higher education by imple-
menting an opt-in process or any other process other than 
the written consent request process under subparagraph 
(B)(i). 
‘‘(D) PARENTAL CONSENT.—For purposes of this 
paragraph, whenever a student has attained eighteen 
years of age, the permission or consent required of and 
the rights accorded to the parents of the student shall only 
be required of and accorded to the student.’’; 
(2) by striking paragraphs (2), (3), and (4) and 
inserting the following: 
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‘‘(2)(A) If a local educational agency denies recruit-
ing access to a military recruiter under this section, the 
Secretary shall notify— 
‘‘(i) the Governor of the State in which the 
local educational agency is located; and 
‘‘(ii) the Secretary of Education. 
‘‘(B) Upon receiving a notification under subpara-
graph (A), the Secretary of Education— 
‘‘(i) shall, consistent with the provisions of part 
D of title IV of the General Education Provisions 
Act (20 U.S.C. 1234 et seq.), determine whether the 
local educational agency is failing to comply substan-
tially with the requirements of this subsection; and 
‘‘(ii) upon determining that the local edu-
cational agency has failed to comply substantially 
with such requirements, may impose a penalty, or 
enforce a remedy, available for a violation of section 
9528(a) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7908(a)) in the same 
manner as such penalty or remedy would apply to a 
local educational agency that violated such section.’’; 
(3) by redesignating paragraphs (5) and (6) as 
paragraphs (3) and (4), respectively; and 
(4) in paragraph (4) (as redesignated by para-
graph (3) of this section)— 
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(A) by striking subparagraphs (C), (E), 
and (F); and 
(B) by redesignating subparagraph (D) as 
subparagraph (C). 
Æ 
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