[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5462 Introduced in House (IH)]
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
California, 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.
Lungren 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. DENIAL OF FEDERAL FUNDS FOR STATES AND POLITICAL
SUBDIVISIONS OF STATES PROHIBITING OR UNDULY RESTRICTING
MILITARY RECRUITING OFFICES.
Section 503 of title 10, United States Code, is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Response to Prohibitions or Restrictions on Military
Recruiting Offices.--
``(1) Cut-off of certain federal funding.--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 unreasonably restricts,
through the imposition of zoning requirements more restrictive
than the requirements imposed on most small businesses within
the jurisdiction involved, the ability of the armed forces to
establish and operate a military recruiting office. The
prohibition on a State receiving Federal funds applies only if
the State acts to prohibit or unreasonably restrict military
recruiting offices, and the State is not held responsible for
the actions of political 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 established in
paragraph (1) of this subsection apply to the following:
``(A) Any funds made available by the Department of
Defense.
``(B) Any funds made available by any department or
agency for which regular appropriations 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 Department of
Homeland Security.
``(D) Any funds made available by the National
Nuclear Security Administration of the Department of
Energy.
``(E) Any funds made available by the Department of
Transportation.
``(F) Any funds made available by the Department 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 political subdivision
of a State.
``(4) Termination of funding cut-off.--The limitation
imposed by paragraph (1) of this subsection shall not apply to
a State or political subdivision if the Secretary of Defense
determines that the State or political subdivision has
terminated or otherwise ceased to enforce the prohibition or
restrictions 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.
``(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 Commonwealth of the Northern Mariana Islands,
American Samoa, and any other territory or possession
of the United States.''.
<all>