Grants and AgreementsMilitary Recruiting on Campus

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 23

RIN 0790-AF87

Grants and Agreements--Military Recruiting on Campus

AGENCY: Office of the Secretary, DoD.

ACTION: Interim rule.

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SUMMARY: The Department of Defense adopts this interim rule to

implement Section 558 of the National Defense Authorization Act for

Fiscal Year 1995 [Public Law 103-337 (1994)], as it applies to grants.

Section 558 states that funds available to the Department of Defense

may not be provided by grant or contract to any institution of higher

education that has a policy of denying, or which effectively prevents,

the Secretary of Defense from obtaining for military recruiting

purposes: entry to campuses; access to students on campuses; or access

to directory information pertaining to students. The rule implements

the law, as it applies to grants, by requiring inclusion of an

appropriate clause in DoD grants with institutions of higher education.

It also extends the requirement, as a matter of policy, to DoD

cooperative agreements, because they are very similar to grants.

DATES: This interim rule is effective on January 24, 1995. Written

comments on this rule must be received by March 27, 1995.

ADDRESSES: Forward comments to the Director for Research, 3080 Defense

Pentagon, Washington, DC 20301-3080.

FOR FURTHER INFORMATION CONTACT:

Mark Herbst, (703) 614-0205.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

This 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 out of legal mandates, the

President's priorities, or [[Page 4545]] the principles set forth in

Executive Order 12866.

Regulatory Flexibility Act of 1980 [5 U.S.C. 605(b)]

This regulatory action 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 regulatory action will not impose any additional reporting or

recordkeeping requirements under the Paperwork Reduction Act.

List of Subjects in 32 CFR Part 23

Grant programs.

Accordingly, Title 32, Chapter I, Subchapter B of the Code of

Federal Regulations is amended to add Part 23 to read as follows:

PART 23--GRANTS AND AGREEMENTS--MILITARY RECRUITING ON CAMPUS

Sec.

23.1 Military recruiting on campus.

Authority: 5 U.S.C. 301.

Sec. 23.1 Military recruiting on campus.

(a) Clause for award documents. (1) Grants officers shall include

the following clause in grants and cooperative agreements with

institutions of higher education:

``As a condition for receipt of funds available to the

Department of Defense (DoD) under this award, the recipient agrees

that it is not an institution that has a policy of denying, and that

it is not an institution that effectively prevents, the Secretary of

Defense from obtaining for military recruiting purposes: (A) Entry

to campuses or access to students on campuses; or (B) access to

directory information pertaining to students. If the recipient is

determined, using procedures established by the Secretary of Defense

to implement section 558 of Public Law 103-337 (1994), to be such an

institution during the period of performance of this agreement, and

therefore to be in breach of this clause, the Government will cease

all payments of DoD funds under this agreement and all other DoD

grants and cooperative agreements, and it may suspend or terminate

such grants and agreements unilaterally for material failure to

comply with the terms and conditions of award.''

(2) If a recipient refuses to accept the clause in paragraph (a)(1)

of this section, the grants officer shall determine that the recipient

is not qualified with respect to the award, and may award to an

alternative recipient.

(b) Language for program solicitations. (1) To notify prospective

recipients of the requirement in paragraph (a) of this section, grants

officers shall include the following notice in program announcements or

solicitations under which grants or cooperative agreements may be

awarded to institutions of higher education:

``This is to notify potential proposers that each grant or

cooperative agreement that is awarded under this announcement or

solicitation to an institution of higher education must include the

following clause:

``As a condition for receipt of funds available to the

Department of Defense (DoD) under this award, the recipient agrees

that it is not an institution that has a policy of denying, and that

it is not an institution that effectively prevents, the Secretary of

Defense from obtaining for military recruiting purposes: (A) Entry

to campuses or access to students on campuses; or (B) access to

directory information pertaining to students. If the recipient is

determined, using procedures established by the Secretary of Defense

to implement section 558 of Public Law 103-337 (1994), to be such an

institution during the period of performance of this agreement, and

therefore to be in breach of this clause, the Government will cease

all payments of DoD funds under this agreement and all other DoD

grants and cooperative agreements, and it may suspend or terminate

such grants and agreements unilaterally for material failure to

comply with the terms and conditions of award.''

``If your institution has been identified under the procedures

established by the Secretary of Defense to implement section 558,

then: (1) No funds available to DoD may be provided to your

institution through any grant, including any existing grant; (2) as

a matter of policy, this restriction also applies to any cooperative

agreement; and (3) your institution is not eligible to receive a

grant or cooperative agreement in response to this solicitation.''

(2) Grants officers may include introductory language with the

language in paragraph (b)(1) of this section, to tailor the notice to

the circumstances of the particular announcement (e.g., to reflect a

Broad Agency Announcement under which a DoD Component would award

contracts, as well as grants and cooperative agreements). However, the

language and the intent in paragraph (b)(1) may not be changed without

the approval of the Director, Defense Research and Engineering

[requests for such approval are to be submitted, through appropriate

channels, to: Director for Research, ODDR&E(R), 3080 Defense Pentagon;

Washington, DC 20301-3080].

Dated: January 19, 1995.

Linda M. Bynum,

Alternate OSD Federal Register Liaison Officer, Department of Defense.

[FR Doc. 95-1727 Filed 1-23-95; 8:45 am]

BILLING CODE 5000-04-M