I
106TH CONGRESS
2D SESSION
H. R. 4660
To amend title 10, United States Code, to deny Federal educational assistance
funds to local educational agencies that deny military recruiters access
to secondary school students, or directory information about secondary
school students, on the same basis as other potential employers, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 14, 2000
Mr. HEFLEY introduced the following bill; which was referred to the Com-
mittee on Armed Services, and in addition to the Committee on Edu-
cation and the Workforce, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned
A BILL
To amend title 10, United States Code, to deny Federal
educational assistance funds to local educational agencies
that deny military recruiters access to secondary school
students, or directory information about secondary school
students, on the same basis as other potential employers,
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Military Recruiter Sec-
ondary Schools Access Act of 2000’’.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The combined effects of the strongest econ-
omy in 40 years, the lowest unemployment rate since
the establishment of an all-volunteer force for the
Armed Forces, and a declining propensity on the
part of America’s youth to serve in the military
make the recruitment of persons for the Armed
Forces unusually challenging.
(2) For the recruitment of high quality per-
sonnel, each of the Armed Forces faces intense com-
petition from the other branches of the Armed
Forces, the private sector, and postsecondary edu-
cational institutions.
(3) It is becoming increasingly difficult for the
Armed Forces to meet their respective recruiting
goals. Despite a variety of innovative approaches
taken by recruiters and the extensive programs of
benefits that are available for recruits, recruiters
have to devote extraordinary time and effort to fill
monthly requirements for immediate accessions.
(4) A number of local educational agencies have
denied recruiters for the Armed Forces access to
secondary school students, or to student directory
information about secondary school students, of
those agencies. In 1999, there were 4,515 instances
of denial of access in the case of the Army, 4,364
instances in the case of the Navy, 4,884 instances
in the case of the Marine Corps, and 5,465 instances
in the case of the Air Force.
(5) As of the beginning of 2000, local edu-
cational agencies operating nearly one-fourth of all
secondary schools nationwide did not release student
directory information to the Armed Forces for re-
cruiting purposes.
(6) In testimony presented to the Committee on
Armed Services of the Senate, military recruiters
have stated that the single biggest obstacle to car-
rying out their recruiting mission for new enlisted
accessions is the denial of access to directory infor-
mation about secondary school students.
(7) The denial to military recruiters of direct
access to secondary school students and the denial
of access to directory information about those stu-
dents unfairly harms the students themselves, since
students are thereby prevented from receiving full
information on the educational and training incen-
tives offered by the Armed Forces, thus impairing
the career decisionmaking process for the students
by limiting the availability of complete information
on their options.
(8) The denial of access for Armed Forces re-
cruiters to secondary school students or to student
directory information ultimately undermines the na-
tional defense by making it more difficult for the
Armed Forces to recruit young Americans in the
quantity and of the quality necessary for maintain-
ing the readiness of the Armed Forces to provide for
the national defense.
SEC. 3. LOCAL EDUCATIONAL AGENCIES DENYING EQUAL
ACCESS TO SECONDARY SCHOOLS FOR MILI-
TARY RECRUITING PURPOSES.
(a) 
DENIAL
OF
EDUCATIONAL
ASSISTANCE
FUNDS.—Section 503 of title 10, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(d) DENIAL OF FEDERAL EDUCATIONAL ASSIST-
ANCE FUNDS TO LOCAL EDUCATIONAL AGENCIES DENY-
ING EQUAL ACCESS TO RECRUITERS.—(1) Section 983 of
this title (other than subsection (a) of that section) shall
apply to each local educational agency included on the list
maintained under paragraph (2) as if the local educational
agency were an institution of higher education described
in subsection (b) of that section.
‘‘(2) The Secretary of Defense shall maintain a list
of local educational agencies that are required under para-
graph (3) to be listed as local educational agencies that
deny recruiting access to the armed forces.
‘‘(3)(A) If a local educational agency denies a request
by a representative of an armed force for recruiting access
to secondary school students, the Secretary concerned
shall provide for an officer of that armed force to meet
with representatives of that local educational agency in
person, at the offices of that agency, for the purpose of
attempting to arrange for recruiting access. The Secretary
shall seek to have such meeting occur not later than 120
days after the date of the denial of the request.
‘‘(B) If, after a meeting under subparagraph (A) with
representatives of a local educational agency that has de-
nied a request by a representative of an armed force for
recruiting access to secondary school students or (if such
a meeting cannot be arranged within 120 days of such
denial) after the end of such 120-day period, the Secretary
of Defense determines that the agency continues to deny
recruiting access, the Secretary shall transmit to the Chief
Executive of the State in which the local educational agen-
cy is located a notification of the denial of recruiting ac-
cess and a request for assistance in obtaining such access.
The notification shall be transmitted within 60 days after
the date of the determination. The Secretary shall provide
to the Secretary of Education a copy of such notification
and any other communication between the Secretary and
a Chief Executive with respect to such access.
‘‘(C) If a local educational agency continues to deny
recruiting access one year after the date of the transmittal
of a notification regarding that agency under subpara-
graph (B), the Secretary—
‘‘(i) shall determine whether the agency denies
recruiting access to at least two of the armed forces
(other than the Coast Guard when it is not oper-
ating as a service in the Navy); and
‘‘(ii) upon making an affirmative determination,
shall include the agency on the list maintained under
paragraph (2).
‘‘(4) In this subsection:
‘‘(A) The term ‘local educational agency’ in-
cludes the governing body of a person or entity own-
ing a private secondary educational institution.
‘‘(B) The term ‘recruiting access’ means access
requested by the Department of Defense, as de-
scribed in subsection (c), that the Department be
provided the same access to secondary school stu-
dents, and to directory information concerning such
students, for military recruiting purposes as is pro-
vided generally to post-secondary educational institu-
tions or to prospective employers of those students.
‘‘(C) The term ‘State’ includes the District of
Columbia, American Samoa, the Federated States of
Micronesia, Guam, the Republic of the Marshall Is-
lands, the Commonwealth of the Northern Mariana
Islands, the Commonwealth of Puerto Rico, the Re-
public of Palau, and the United States Virgin Is-
lands.’’.
(b) TRANSITION PROVISIONS.—(1) In the case of a
local educational agency that, as of the date of the enact-
ment of this Act, is included on a list maintained by the
Department of Defense as an educational agency that de-
nies recruiting access—
(A) the local educational agency shall be
deemed to have first denied recruiting access on that
date;
(B) the meeting required under paragraph
(3)(A) of section 503(d) of title 10, United States
Code (as added by subsection (a)), shall be made by
an officer of any armed force that is appropriate
under that paragraph, as determined by the Sec-
retary of Defense;
(C) any notification required under paragraph
(3)(B) of such section shall be transmitted within 90
days (instead of 60 days) after the Secretary of De-
fense makes a determination under that paragraph;
and
(D) paragraph (1) of such section shall not
apply to the agency unless and until the date on
which the Secretary of Defense is required under
paragraph (3)(C) of that section to include the agen-
cy on the list of local educational agencies that deny
recruiting access to the Armed Forces.
(2) For purposes of this subsection, the terms ‘‘local
educational agency’’ and ‘‘recruiting access’’ have the
meanings given those terms in section 503(d)(4) of title
10, United States Code (as added by subsection (a)).
(c) TECHNICAL AMENDMENTS.—Section 503 of title
10, United States Code, as amended by subsection (a),
is further amended—
(1) in subsection (a), by inserting ‘‘RECRUITING
CAMPAIGNS.—’’ after ‘‘(a)’’;
(2) in subsection (b), by inserting ‘‘COMPILA-
TION OF DIRECTORY INFORMATION.—’’ after ‘‘(b)’’;
and
(3) in subsection (c), by inserting ‘‘RECRUITING
ACCESS TO SECONDARY SCHOOLS.—’’ after ‘‘(c)’’;
SEC. 4. REPEAL OF EXCEPTION FOR STUDENT FINANCIAL
ASSISTANCE 
FROM 
BAN 
ON 
FEDERAL
GRANTS AND CONTRACTS TO INSTITUTIONS
OF HIGHER EDUCATION DENYING ACCESS TO
ROTC OR MILITARY RECRUITERS.
Section 8120 of the Department of Defense Appro-
priations Act, 2000 (Public Law 106–79; 113 Stat. 1260;
10 U.S.C. 983 note), is repealed.
Æ