[Federal Register Volume 60, Number 103 (Tuesday, May 30, 1995)]
[Rules and Regulations]
[Pages 28050-28052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13176]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 216
Military Recruiting at Institutions of Higher Education
AGENCY: Office of the Secretary, DoD.
ACTION: Interim rule.
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SUMMARY: The Department of Defense adopts this interim rule to
implement the ``National Defense Authorization Act for Fiscal Year
1995. It updates policy, procedures, and responsibilities for
identifying and taking action against any institution of higher
education that has a policy of denying, or, that effectively prevents,
the Secretary of Defense from obtaining for military recruiting
purposes: Entry to campuses, access to students on campuses, or access
to student directory information. No funds available to the Department
of Defense (DoD) may be provided by grant or contract to any such
institution. The new law allows no basis for waivers.
DATES: This interim rule is effective on May 30, 1995. Written comments
on this rule must be received by July 31, 1995.
ADDRESSES: Forward comments to the Director for Accession Policy,
Office of the Assistant Secretary of Defense for Force Management
Policy, 4000 Defense Pentagon, Washington, DC 20301-4000.
FOR FURTHER INFORMATION CONTACT:
Ronald G. Liveris, (703) 697-9268.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This interim rule is not a ``significant regulatory action,'' as
defined by Executive Order 12866. The Department of Defense believes
that it will not: (1) Have an annual effect on the economy of $100
million or more or adversely affect in a material way the economy, a
sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or tribal
governments or communities; (2) create a serious inconsistency or
otherwise interfere with an action taken or planned by another agency;
(3) materially alter the budgetary impact of entitlements, grants, user
fees, or loan programs or the rights and obligations of recipients
thereof; or (4) raise novel legal or policy issues arising our of legal
mandates, the President's priorities, or the principles set forth in
Executive Order 12866.
Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b))
This interim rule will not have a significant adverse impact on a
substantial number of small entities.
Paperwork Reduction Act of 1980 (44 U.S.C., Chapter 35)
This interim rule will not impose any additional reporting or
record keeping requirements under the Paperwork Reduction Act.
List of Subjects in 32 CFR Part 216
Armed Forces, Colleges and universities, Recruiting personnel.
Accordingly, 32 CFR part 216 is revised to read as follows:
PART 216--MILITARY RECRUITING AT INSTITUTIONS OF HIGHER EDUCATION
Sec.
216.1 Purpose.
216.2 Applicability.
216.3 Definitions.
216.4 Responsibility.
Appendix A to part 216--Sample Letter of Inquiry
Authority: 10 U.S.C. 503 note.
Sec. 216.1 Purpose.
This part implements section 558, The National Defense
Authorization Act for Fiscal Year 1995, Pub. L. 103-337 (See 10 U.S.C.
section 503 note). It updates policy and responsibilities for
identifying and taking action regarding institutions of higher
education that either have a policy of denying or effectively bar
military recruiting personnel from entry to their campuses, or from
access to student directory information.
Sec. 216.2 Applicability.
This part applies to the Office of the Secretary of Defense, the
Military Departments, the Chairman of the Joint Chiefs of Staff, the
Unified and Specified Combatant Commands, the Uniformed Services
University of Health Sciences (USUHS), the Defense Agencies, and DoD
Field Activities (hereafter referred to collectively as ``the DoD
Components''). The term ``Military Services,'' as used herein, refers
to the Army, the Navy, the Air Force, and the Marine Corps.
Sec. 216.3 Definitions.
(a) Directory information. Referring to a student means the
student's name, address, telephone listing, date and place of birth,
level of education, degrees received, and the most recent previous
educational institution enrolled in by student.
(b) Institution of higher education. A domestic college,
university, or sub-element of a university providing post-secondary
school courses of study, including foreign campuses of such
institutions. This includes junior colleges, community colleges, and
institutions providing courses leading to undergraduate and post-
graduate degrees. The term ``institution of higher education'' does not
include entities that operate exclusively outside the United States,
its territories, and possessions.
(c) Student. An individual who is 17 years of age or older and
enrolled in an institution of higher education.
Sec. 216.4 Policy.
(a) Under section 558 of the National Defense Authorization Act for
Fiscal Year 1995, no funds available to the Department of Defense (DoD)
may be provided by grant or contract to any institution of higher
education that either has a policy of denying or that effectively
prevents the Secretary of Defense from obtaining, for military
recruiting purposes, entry to campuses or access to students on
campuses or access to directory information pertaining to students.
This prohibition on use of DoD funds applies only to sub-elements of an
institution of higher education that are determined to have such a
policy or practice.
(b) An evaluation to determine whether an institution of higher
education has a policy of denying, or is effectively preventing, the
Secretary of Defense from obtaining entry to the campuses, access to
students on campuses, or access to student directory information shall
be undertaken when:
(1) Military recruiting personnel cannot obtain permission to
recruit on the premises of the institution or when they are refused
directory information. Military recruiting personnel shall accommodate
an institution's reasonable preferences as to times and places for
scheduling on-campus recruiting, provided that any such restrictions
are not based on the policies or practices of the Department of Defense
and the Military Services are provided entry to the campus and access
to students on campus and directory information; or
(2) The institution is unwilling to declare in writing as a
prerequisite to an [[Page 28051]] education and training award that the
institution does not have a policy of denying, and that it does not
effectively prevent, the Secretary of Defense from obtaining for
military recruiting purposes entry to campuses or access to students on
campuses, or access to student directory information.
(3) The institution does not accept terms or conditions of a DoD
contract or grant specified under Sec. 216.5(b)(2).
(c) A determination that military recruiting personnel are denied
access will not be made when the institution:
(1) Excludes all employers from recruiting on the premises of the
institution.
(2) Permits employers to recruit on the premises of the institution
only in response to an expression of student interest, and the
institution:
(i) Provides the Military Services with the same opportunities to
inform the students of military recruiting activities as are available
to other employers.
(ii) Certifies that too few students have expressed an interest to
warrant accommodating military recruiters, applying the same criteria
that are applicable to other employers.
(3) In the case of not providing any directory information,
certifies that this information is not collected by the institution.
(4) In the case of not providing directory information for specific
students, certifies that each student concerned (or his or her parent,
in the case of a 17-year old) has formally requested the institution to
withhold providing this information from military recruiting personnel
for military recruiting purposes.
Sec. 216.5 Responsibilities.
(a) The Assistant Secretary of Defense for Force Management Policy,
under the Under Secretary of Defense for Personnel and Readiness,
shall:
(1) Not later than 30 days after receipt of the name(s) of
institutions of higher education under Secs. 216.5(d)(2) and
216.5(e)(1):
(i) Make a final determination about the eligibility of each such
institution to receive funds available to the Department of Defense by
grant or contract under section 558 of the National Defense
Authorization Act for Fiscal Year 1995 and this part.
(ii) Notify each institution determined under Sec. 216.5(a)(1)(i),
that it is ineligible to receive DoD funds under section 558 and this
part. This notification shall reflect the basis of this determination.
(iii) Disseminate the names of institutions of higher education
identified under Sec. 215.5(a)(1)(i), to all DoD Components and to the
General Services Administration (GSA) for inclusion in the Federal list
of parties excluded from Federal procurement or nonprocurement
programs.
(iv) Inform each institution identified under Sec. 216.5(d)(2), or
Sec. 216.5(e)(1), that its eligibility to receive DoD funds may be
restored upon the institution providing sufficient new information to
enable the Assistant Secretary of Defense for Force Management Policy
(ASD(FMP)) to determine that the institution provides entry to its
campus(es), access to students on the campus(es), and access to
directory information on students.
(2) Not later than 45 days after receipt of an institution's
request to restore its eligibility:
(i) Determine whether the institution is qualified to receive DoD
funds under section 558 of the National Defense Authorization Act for
Fiscal Year 1995 and this part.
(ii) Inform the institution of this determination.
(iii) Provide the DoD Components and GSA with the name of this
institution if its eligibility has been restored.
(3) Provide policy and procedures to:
(i) Cease education and training awards of DoD funds (other than
those made by procurement grant or contract subject to
Sec. 216.5(b)(1)) to institutions identified under Sec. 216.5(a)(1)(i).
(ii) Identify institutions unwilling to declare in writing, as a
prerequisite to such an award of DoD funds for education and training,
that the institution does not have a policy of denying and that it does
not effectively prevent the Secretary of Defense from obtaining for
military recruiting purposes: entry to campuses, access to students on
campuses, or access to student directory information.
(b) The Under Secretary of Defense for Acquisition and Technology
shall establish policy and procedures to:
(1) Deny DoD grant and contract awards to all institutions
identified under Sec. 216.5 (a)(1)(i).
(2) Include appropriate terms or conditions in DoD grants and
contracts awarded to institutions of higher education, to make payments
under such awards contingent upon the institution's not being one so
identified.
(c) The Under Secretary of Defense (Comptroller)/Chief Financial
Officer shall implement procedures to stop payment of DoD funds through
contracts, grants, and other applicable agreements made by the DoD or
other Federal Agencies to applicable institutions identified under
Sec. 216.5(a)(1)(i).
(d) The Secretaries of the Military Departments shall:
(1) Identify institutions that, by policy or practice, deny
military recruiting personnel entry to the campus(es) of those
institutions, access to students, or access to student directory
information. When repeated requests to schedule recruiting visits or to
obtain student directory information are unsuccessful, the Military
Service concerned shall seek written confirmation of the institution's
present policy from the head of the institution through a letter of
inquiry. The sample letter in enclosure 1 shall be followed as closely
as possible. If written confirmation cannot be obtained, oral policy
statements or attempts to obtain such statements from an appropriate
official of the institution shall be documented.
(2) Evaluate the responses to the letter of inquiry and of such
other evidence obtained in accordance with this Part as may be
appropriate and submit to the ASD(FMP) the names and addresses of
institutions of higher education that are recommended to be declared
ineligible to receive funds available to the Department of Defense
under section 558 of the National Defense Authorization Act for Fiscal
Year 1995 and this Part. Full documentation shall be furnished to the
ASD(FMP) for each such institution, including the institution's formal
response to the letter of inquiry, or oral response or evidence showing
attempts to obtain written confirmation or an oral statement of the
institution's policies.
(e) The Heads of the DoD Components shall:
(1) Provide the ASD(FMP) with the names and addresses of
institutions:
(i) Identified as a result of implementing policies and procedures
promulgated under Sec. 216.5(a)(3)(ii).
(ii) that do not accept terms or conditions of a DoD grant or
contract specified under Sec. 215.5(b)(2).
(2) Take immediate action to deny DoD funds to institutions
identified under Sec. 216.5(a)(1)(i) and to restore eligibility of
institutions identified under Sec. 216.5(a)(2)(i).
Appendix A to Part 216--Sample Letter of Inquiry
Dr. John Doe
President
XYZ College
Anywhere, USA 12345-0123
Dear Dr. Doe: I understand that military recruiting personnel
are unable to recruit on the campus of XYZ College and have been
refused directory information on XYZ College students for military
recruiting by official policy of the College. Section 558 of Public
Law 103-337, the National Defense Authorization Act for Fiscal Year
1995, October 5, 1994, which is codified at 10 U.S.C. section 503
note, prohibits grant and [[Page 28052]] contract awards of DoD
funds to any institution of higher education that has a policy of
denying, or that effectively denies, military recruiting personnel
entry to campuses, access to students on campuses, or access to
directory information on students. DoD Directive 1322.13, ``Military
Recruiting at Institutions of Higher Education,'' codified at 32 CFR
part 216, implements section 558. A copy of section 558 and DoD
Directive 1322.13 is enclosed.
Under DoD Directive 1322.13, this letter provides you an
opportunity to clarify your institution's policy on military
recruiting on the campus of XYZ College. In this regard, I request
the official written policy of the institution about visits of
civilian employers (public or private) and military recruiting
personnel to the campus for recruiting college students, and access
to directory information on students.
Based on this information, a determination shall be made by the
Assistant Secretary of Defense for Force Management Policy as to
your institution's eligibility to receive DoD funds by grant or
contract. Should it be determined that XYZ College is not qualified
to receive such funds, all current programs requiring payment to XYZ
College shall be stopped, and it shall be ineligible to receive
future payments of DoD funds through grants, contracts, and other
applicable agreements.
I regret that this action may have to be taken. Successful
recruiting requires that the Department's recruiters have reasonable
access to students on the campuses of colleges and universities, and
at the same time to have effective relationships with the officials
and student bodies of these institutions. I hope it will be possible
for military recruiters to schedule recruiting visits at XYZ College
in the near future. I am available to answer any questions.
Sincerely,
Enclosures
Dated: May 22, 1995.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 95-13176 Filed 5-26-95; 8:45 am]
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