109TH CONGRESS
1ST SESSION
H. CON. RES. 36
CONCURRENT RESOLUTION
Expressing the continued support of Congress for
equal access of military recruiters to institutions
of higher education.
109TH CONGRESS
1ST SESSION
H. CON. RES. 36
CONCURRENT RESOLUTION
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 EH
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 EH
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 EH
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 EH
find a decision affecting one jurisdiction to be bind-
ing on other jurisdictions.
Passed the House of Representatives February 2,
2005.
Attest:
Clerk.