Text: H.R.1026 — 111th Congress (2009-2010)All Information (Except Text)

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Introduced in House (02/12/2009)


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. Westmoreland, Mr. Boehner, Mr. Bilbray, Mr. Franks of Arizona, Mr. Calvert, and Mr. Chaffetz) introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committee on Armed Services, 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 the procedures regarding military recruiter access to secondary school student recruiting information.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

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 Secondary 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 inserting the following:

“(1) ACCESS TO STUDENT RECRUITING INFORMATION.—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, access to the name, address, and telephone listing of each secondary school student served by the local educational agency, unless the parent of such student 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 listing not be released for purposes of paragraph (1) without prior written consent of the parent. Upon receiving such 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.

“(B) NOTIFICATION OF OPT-OUT PROCESS.—Each local educational agency shall notify the parents of the students served by the agency of the option to make a request described 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 agency to withhold access to a student's name, address, and telephone listing from a military recruiter or institution 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 required 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 receiving assistance under the Elementary and Secondary Education Act of 1965—

“(i) shall provide to military recruiters the same access to secondary school students as is provided generally to postsecondary educational institutions 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 request under subparagraph (B).

“(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 parents 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 military recruiter or institution of higher education by implementing 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:

“(2)(A) If a local educational agency denies recruiting 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 subparagraph (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 substantially with the requirements of this subsection; and

“(ii) upon determining that the local educational 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 Education 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 paragraph (3) of this section)—

(A) by striking subparagraphs (C), (E), and (F); and

(B) by redesignating subparagraph (D) as subparagraph (C).