Military Recruiting and Reserve Officer Training Corps Program Access to Institutions of Higher Education

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 216

[DoD Directive 1322.13]

RIN 0790-AG42

Military Recruiting and Reserve Officer Training Corps Program

Access to Institutions of Higher Education

AGENCY: Office of the Secretary, Department of Defense.

ACTION: Interim rule.

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SUMMARY: The Department of Defense adopts this interim rule to

implement the National Defense Authorization Act of 1995, National

Defense Authorization Act for Fiscal Year 1996, and the Omnibus

Consolidated Appropriations Act, 1997 which state that no funds

available under appropriations acts for any fiscal year for the

Departments of Defense, Transportation (with respect to recruiting),

Labor, Health and Human Services, Education, and Related Agencies may

be provided by contract or grant (including a grant of funds to be

available for student aid) to a covered school that has a policy or

practice (regardless of when implemented) that either prohibits, or in

effect prevents, the Secretary of Defense from obtaining, for military

recruiting purposes, entry to campuses, access to students on campuses,

access to directory information on students or that has an anti-ROTC

policy. The rule implements the law. The Department invites the public

to comment on this interim rule. It will consider these comments in

issuing the final rule.

DATES: This interim rule is effective March 29, 1997. Comments must be

received by July 7, 1997.

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:

William J. Carr, (703) 697-8444.

SUPPLEMENTARY INFORMATION: The Secretary is interested in establishing

sound procedures to implement current statutes, while keeping the

regulatory burden to the minimum necessary to carry out the

congressional intent.

To that end, the Department developed this rule in consultation

with other Federal agencies, including the Departments of Education,

Labor, Transportation, and Health and Human Services. Informal

discussions were held with a variety of education associations, and

advocates of institutions of higher education. This rule incorporates

many of the comments and suggestions offered by those organizations and

entities. Agencies affected by this rule will continue to coordinate as

they implement its provisions.

The part defines the criteria for determining whether an

institution of higher education has a policy or practice prohibiting or

preventing the Secretary of Defense from maintaining, establishing, or

efficiently operating a Senior ROTC unit; or has a policy of denying

military recruiting personnel entry to campuses, access to students on

campuses, or access to directory information on students. Current

statutes establish that institutions of higher education having such

policies or practices are ineligible for certain Federal funding. The

statutes are the National Defense Authorization Act of 1995, 10 U.S.C.

983, and the Omnibus Consolidated Appropriations Act, 1997.

The determination of the ability to `efficiently' operate an ROTC

unit generally refers to an expectation that the ROTC Department would

be treated on a par with other academic departments; as such, it would

not be singled out for actions that would unreasonably impede access to

students (and vice versa) or unreasonably restrict its operations.

The part also defines the procedures that would be followed in

evaluating recommendations for such a determination. When a component

of the Department of Defense (DoD component) believes that policies or

practices of an institution of higher education might require such a

determination, that component is required to confirm the institution's

policy in consultation with the institution. If that exchange suggests

that the policy or practice would trigger a denial of funding, as

required by law, the supporting facts would be forwarded through

Department of Defense channels to the decision authority, who is the

Assistant Secretary of Defense for Force Management Policy (ASD(FMP)).

The Department has provided definitions to which it especially

invites attention, since those definitions are intended to inform the

reader of the specific meaning of significant words used in this rule.

More specifically, in carrying out their customary activities, DoD

components must identify any institutions of higher education that, by

policy or practice, deny military recruiting personnel entry to the

campus(es) of those schools, access to their students, or access to

student

[[Page 16692]]

directory information. When repeated requests to schedule recruiting

visits or to obtain directory information are unsuccessful, the

component concerned must seek written confirmation of the school's

present policy from the head of the school through a letter of inquiry.

If written confirmation cannot be obtained, oral policy statements or

attempts to obtain such statements from an appropriate official of the

school shall be documented. A copy of the documentation shall be

provided to the covered school, which shall be informed of its

opportunity to forward clarifying comments to accompany the submission

to the ASD(FMP), and shall be provided 30 days to offer such clarifying

comments.

Similarly, in carrying out their customary activities, DoD

components must identify any institutions of higher education that, by

policy or practice, deny establishment, maintenance, or efficient

operation of a unit of the Senior ROTC; or deny students permission to

participate, or effectively prevent students from participating in a

unit of the Senior ROTC at another institution of higher education. The

DoD component concerned must seek written confirmation of the school's

policy from the head of the school through a letter of inquiry. If

written confirmation cannot be obtained, oral policy statements or

attempts to obtain such statements from an appropriate official of the

school shall be documented. A copy of the documentation shall be

provided to the covered school, which shall be informed of its

opportunity to forward clarifying comments to accompany the submission

to the ASD(FMP), and shall be provided 30 days to offer such clarifying

comments.

The recommendation of the DoD component then must be reviewed by

the Secretary of the Military Department concerned, who shall evaluate

responses to the letter of inquiry, and other such information obtained

in accordance with this part, and submit to the ASD(FMP) the names and

addresses of covered schools that are believed to be in violation of

current law. Full documentation must be furnished to the ASD(FMP) for

each such covered school, including the school's formal response to the

letter of inquiry, documentation of any oral response, or evidence

showing that attempts were made to obtain either written confirmation

or an oral statement of the school's policies.

Following any determination by the ASD(FMP) that policies or

practices of an institution of higher education require a determination

of ineligibility for certain Federal funding, as required by law, the

ASD(FMP) would:

Disseminate to Federal entities affected by the decision,

including the DoD components and the General Services Administration

(GSA), the names of the affected institutions. The ASD(FMP) also would

notify the Committee on Armed Services of the Senate and the Committee

on National Security of the House of Representatives.

Publish in the Federal Register each such determination,

and publish in the Federal Register once every six months a list of all

institutions currently determined to be ineligible for contracts and

grants by reason of such determinations.

Inform the affected institution that its funding

eligibility may be restored if the school provides sufficient new

information that the basis for the determination no longer exists.

This rule contains procedures under which funding can be restored.

Not later than 45 days after receipt of a school's request to restore

funding eligibility, the ASD(FMP) must determine whether the funding

status of the covered school should be changed, and notify the

applicable school of such a determination. Concurrently, entities of

the Federal governments affected by the decision, including the DoD

components and the GSA, would be notified of the change in funding

status.

Other Matters

In the event of any determination of ineligibility by the ASD

(FMP), the Federal agencies affected by the decision will determine

what funds provided by grant or contract to the covered school are

affected and take appropriate action. As a result of this division of

responsibility and also due to the large number of Federal agencies

affected, this rule does not detail what funds are affected by any

determination of ineligibility.

The Department of Education intends to communicate separately

regarding the impact on programs of federal student financial

assistance under Title IV of the Higher Education Act of 1965, as

amended (HEA). However, due to present confusion over the language in

110 Stat. 3009 concerning ``(including a grant of funds to be available

for student aid)'', the Secretary of Education has requested that DoD

include in this preamble the following clarification: The Secretary of

Education has determined that funds under the Federal Pell Grant

Program (Title IV, Part A, Subpart 1), the Federal Family Education

Loan Program (Title IV, Part B), and the Federal Direct Student Loan

Program (Title IV, Part D) are not affected because funds under these

programs are not provided by grant or contract to a covered school, but

are funds provided to the student recipients. The impact of 110 Stat.

3009 on funds provided under the Federal Supplemental Educational

Opportunity Grant Program (Title IV, Part A, Subpart 3), the Federal

Work-Study Program (Title IV, Part C), and the Federal Perkins Loan

Program (Title IV, Part E) (collectively the Campus-Based Programs) is

still under review. In any event, no funds under the Campus-Based

Programs would be affected prior to July 1, 1997. Campus-Based awards

prior to July 1, 1997 are funded from the FY 1996 appropriation; 110

Stat. 3009 affects only FY 1997 and later year appropriations. In light

of the July 1, 1997 date for release of FY 1997 Campus-Based funds, the

Secretary of Education will separately communicate as soon as possible

on whether the Campus-based programs are affected.

Justification for an Interim Rule

The Omnibus Consolidated Appropriations Act, 1997 (Pub. L. 104-208,

section 514) requires that the statute become effective not later than

180 days following its enactment. The statute also calls for

promulgation of rules consistent with this effective date. Because

final rules are necessary to implement the statute, it is impracticable

to provide for public notice and comment on a proposed rule prior to

this statutory deadline. Accordingly, the Department issues this

interim rule and invites public comment. Public comments must be

received by July 7, 1997. The Department will carefully consider these

comments in issuing a final rule.

In light of the March 29, 1997 statutory effective date, the 30-day

delay of the effective date after publication of a final rule under the

Administrative Procedures Act is hereby waived.

Executive Order 12866, ``Regulatory Planning and Review''

It has been determined that this interim rule is a significant

regulatory action for OMB review.

Public Law 96-354, ``Regulatory Flexibility Act'' [5 U.S.C. 601]

This interim rule will not have a significant adverse impact on a

substantial number of small entities.

Public Law 96-511, ``Paperwork Reduction Act'' [44 U.S.C. Chapter

35]

This interim rule will not impose any additional reporting or

record keeping

[[Page 16693]]

requirements under the Paperwork Reduction Act.

List of Subjects in 32 CFR Part 216

Armed forces; Colleges and universities.

Accordingly, 32 CFR part 216 is revised to read as follows:

PART 216--MILITARY RECRUITING AND RESERVE OFFICER TRAINING CORPS

PROGRAM ACCESS TO INSTITUTIONS OF HIGHER EDUCATION

Sec.

216.1 Purpose.

216.2 Applicability.

216.3 Definitions.

216.4 Policy.

216.5 Responsibilities.

216.6 Information requirements.

Appendix A of part 216--ROTC Sample Letter of Inquiry

Appendix B of part 216--Military Recruiting Sample Letter of Inquiry

Authority: 10 U.S.C. 983.

Sec. 216.1 Purpose.

This part:

(a) Implements the National Defense Authorization Act of 1995 (108

Stat. 2663),

(b) Implements 10 U.S.C. 983, and

(c) Implements the Omnibus Consolidated Appropriations Act, 1997

(110 Stat. 3009).

(d) Updates policy and responsibilities relating to the management

of covered schools that have a policy of either denying, or effectively

preventing military recruiting personnel entry to their campuses,

access to their students, or access to student directory information.

(e) Updates policy and responsibilities relating to the management

of covered schools that have an anti-ROTC policy.

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

Combatant Commands, the Defense Agencies, and the DoD Field Activities

(hereafter referred to collectively as ``the DoD Components''). The

policies herein also affect the Departments of Transportation, Labor,

Health and Human Services, Education, and Related Agencies. The term

``Military Services,'' as used herein, refers to the Army, the Navy,

the Marine Corps, the Air Force, and the Coast Guard. The term

``Related Agencies,'' as used herein, refers to the Armed Forces

Retirement Home, the Corporation for National and Community Service,

the Corporation for Public Broadcasting, the Federal Mediation and

Conciliation Service, the Federal Mine Safety and Health Review

Commission, the National Commission on Libraries and Information

Science, the National Council on Disability, the National Education

Goals Panel, the National Labor Relations Board, the National Mediation

Board, the Occupational Safety and Health Review Commission, the

Physician Payment Review Commission, the Prospective Payment Assessment

Commission, the Social Security Administration, the Railroad Retirement

Board and the United States Institute of Peace.

Sec. 216.3 Definitions.

Anti-ROTC policy. A policy or practice whereby a covered school

prohibits or in effect prevents the Secretary of Defense from

maintaining, establishing, or efficiently operating a unit of the

Senior ROTC at the covered school; or prohibits or in effect prevents a

student at the covered school from enrolling in a Senior ROTC unit at

another institution of higher education.

Covered school. An institution of higher education, or a subelement

of an institution of higher education, subject to the following

clarifications:

(1) In the event of a determination (Sec. 216.5) affecting only a

subelement of a parent institution (see Sec. 216.3(d)), the limitations

on the use of funds (Sec. 216.4 (a) and (b)) shall apply only to the

subelement and not to the parent institution as a whole.

(2) The limitations on the use of funds (Sec. 216.4 (a) and (b))

shall not apply to any individual institution of higher education that

is part of a single university system that does not prevent entry to

campus, access to students, or access to student information by

military recruiters, or have an anti-ROTC policy, even though another

campus of the same system is affected by a determination under

Sec. 216.5(a).

Directory information on students. The student's name, address,

telephone listing, date and place of birth, level of education,

academic major, degrees received, and the educational institution in

which the student most recently was enrolled.

Institution of higher education. A domestic college, university, or

subelement thereof providing postsecondary school courses of study,

including foreign campuses of such domestic institutions. The term

includes junior colleges, community colleges, and institutions

providing courses leading to undergraduate and post-graduate degrees.

The term does not include entities that operate exclusively outside the

United States, its territories, and possessions. A subelement of an

institution of higher education is a discrete (although not necessarily

autonomous) organizational entity that may establish policies or

practices affecting military recruiting and related actions (e.g., an

undergraduate school, a law school, a medical school, or other graduate

schools). For example, the School of Law of XYZ University is a

subelement of its parent institution (XYZ University).

Student. An individual who is 17 years of age or older and is

enrolled at a covered school.

Sec. 216.4 Policy.

It is policy that:

(a) Under 108 Stat. 2663 and 110 Stat. 3009, no funds available

under appropriations acts for any fiscal year for the Departments of

Defense, Transportation, Labor, Health and Human Services, Education,

and Related Agencies may be provided by contract or by grant (including

a grant of funds to be available for student aid) to a covered school

if the Secretary of Defense determines that the covered school has a

policy or practice (regardless of when implemented) that either

prohibits or in effect prevents the Secretary of Defense from

obtaining, for military recruiting purposes, entry to campuses, access

to students on campuses, or access to directory information on

students.

(b) Under 110 Stat. 3009, no funds available under appropriations

acts for any fiscal year for the Departments of Labor, Health and Human

Services, Education, and Related Agencies may be provided by contract

or grant (including a grant of funds to be available for student aid)

to a covered school that has an anti-ROTC policy or practice

(regardless of when implemented). Additionally, under 10 U.S.C. 983, no

funds appropriated or otherwise available to the Department of Defense

may be made obligated by contract or by grant to a covered school that

has such a policy or practice.

(c) The limitations established in paragraph (a) of this section,

shall not apply to a covered school if the Secretary of Defense

determines that the covered school:

(1) Has ceased the policies or practices defined in paragraph (a)

of this section;

(2) Has a long-standing policy of pacifism based on historical

religious affiliation;

(3) Excludes all employers from recruiting on the premises of the

covered school;

[[Page 16694]]

(4) When not providing any directory information on students,

certifies that such information is not collected by the covered school;

(5) When not providing directory information for specific students,

certifies that each student concerned has formally requested the

covered school to withhold this information from third parties;

(6) Permits employers to recruit on the premises of the covered

school only in response to an expression of student interest, and the

covered school;

(i) Provides the Military Services with the same opportunities to

inform the students of military recruiting activities as are available

to other employers; or

(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; or

(7) Is prohibited by the law of any State, or by the order of any

State court, from allowing Federal military recruiting on campus (this

exemption is terminated effective March 29, 1998, in accordance with

110 Stat. 3009). However, this exemption does not apply to funds

available to the Department of Defense, in accordance with 108 Stat.

2663.

(d) The limitations established in paragraph (b) of this section,

shall not apply to a covered school if the Secretary of Defense

determines that the covered school:

(1) Has ceased the policies or practices defined in paragraph (b)

of this section;

(2) Has a long-standing policy of pacifism based on historical

religious affiliation;

(3) Is prohibited by the law of any State, or by the order of any

State court, from allowing Senior Reserve Officer Training Corps

activities on campus (this exemption is terminated effective March 29,

1998, in accordance with 110 Stat. 3009). However, this exemption does

not apply to funds available to the Department of Defense, in

accordance with 10 U.S.C. section 983.

(e) an evaluation to determine whether a covered school maintains a

policy or practice covered by paragraph (a) of this section shall be

undertaken when:

(1) Military recruiting personnel cannot gain entry to campus,

cannot obtain access to students on campus, or are denied access to

directory information on students (however, military recruiting

personnel shall accommodate a covered school's reasonable preferences

as to times and places for scheduling on-campus recruiting); or

(2) The covered school is unwilling to declare in writing, in

response to an inquiry from a DoD Component, that the covered school

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.

(f) An evaluation to determine whether a covered school has an

anti-ROTC policy covered by paragraph (b) of this section shall be

undertaken when:

(1) A Secretary of a Military Department or designee cannot obtain

permission to establish, maintain, or efficiently operate a unit of the

Senior ROTC; or

(2) Absent a Senior ROTC unit at the covered school, students

cannot obtain permission from a covered school to participate, or are

effectively prevented from participating, in a unit of the Senior ROTC

at another institution of higher education.

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 45 days after receipt of the information defined

in paragraph (d)(3) of this section:

(i) Make a final determination under 108 Stat. 2663, 10 U.S.C.,

section 983; and 110 Stat. 3009 and/or this part, and notify any

affected school of that determination along with the basis, and that it

is therefore ineligible to receive prescribed funds as a result of that

determination.

(ii) Disseminate to Federal agencies affected by 110 Stat. 3009, to

the DoD Components, and to the General Services Administration (GSA)

the names of covered schools identified under paragraph (a)(1)(i) of

this section, and the basis of the determination.

(iii) Disseminate the names of covered schools identified under

paragraph (a)(1)(i) of this section, to the Secretary of Education and

to the Committee on Armed Services of the Senate and the Committee on

National Security of the House of Representatives.

(iv) Publish in the Federal Register each determination of the

Secretary of Defense that a covered school is ineligible for contracts

and grants made under 108 Stat. 2663, 10 U.S.C., section 983, and 110

Stat. 3009 and/or this part.

(v) Publish in the Federal Register once every six months a list of

covered schools that are ineligible for contracts and grants by reason

of a determination of the Secretary of Defense under 108 Stat. 2663, 10

U.S.C., section 983, and 110 Stat. 3009 and/or this part.

(vi) Inform the applicable school identified under paragraph

(a)(1)(i) of this section, that its funding eligibility may be restored

if the school provides sufficient new information that the basis for

the determination under paragraph (a)(1)(i) of this section no longer

exists.

(2) Not later than 45 days after receipt of a covered school's

request to restore its eligibility:

(i) Determine whether the funding status of the covered school

should be changed, and notify the applicable school of that

determination.

(ii) Notify the parties reflected in paragraphs (a)(1) (ii) and

(iii) of this section when a determination of funding ineligibility

(paragraph (a)(1)(i) of this section) has been rescinded.

(b) The Secretaries of the Military Departments shall:

(1) Identify covered schools that, by policy or practice, deny

military recruiting personnel entry to the campus(es) of those schools,

access to their students, or access to student directory information.

When repeated requests to schedule recruiting visits or to obtain

directory information are unsuccessful, the Military Service concerned

shall seek written confirmation of the school's present policy from the

head of the school through a letter of inquiry. A letter similar to

that shown in Appendix A of this part shall be used, but it should be

tailored to the situation presented. If written confirmation cannot be

obtained, oral policy statements or attempts to obtain such statements

from an appropriate official of the school shall be documented. A copy

of the documentation shall be provided to the covered school, which

shall be informed of its opportunity to forward clarifying comments to

accompany the submission to the ASD(FMP), and shall be provided 30 days

to offer such clarifying comments.

(2) Identify covered schools that, by policy or practice, deny

establishment, maintenance, or efficient operation of a unit of the

Senior ROTC; or deny students permission to participate, or effectively

prevent students from participating in a unit of the Senior ROTC at

another institution of higher education. The Military Service concerned

shall seek written confirmation of the school's policy from the head of

the school through a letter of inquiry. A letter similar to that shown

in appendix B of this part shall be used, but it should be tailored to

the situation presented. If written confirmation cannot be obtained,

oral policy statements or attempts to obtain such

[[Page 16695]]

statements from an appropriate official of the school shall be

documented. A copy of the documentation shall be provided to the

covered school, which shall be informed of its opportunity to forward

clarifying comments to accompany the submission to the ASD(FMP), and

shall be provided 30 days to offer such clarifying comments.

(3) Evaluate responses to the letter of inquiry, and other such

evidence obtained in accordance with this part, and submit to the

ASD(FMP) the names and addresses of covered schools that are believed

to be in violation of policies established in Sec. 216.4. Full

documentation shall be furnished to the ASD(FMP) for each such covered

school, including the school's formal response to the letter of

inquiry, documentation of any oral response, or evidence showing that

attempts were made to obtain either written confirmation or an oral

statement of the school's policies.

(c) The Heads of the DoD Components shall:

(1) Provide the ASD(FMP) with the names and addresses of covered

schools identified as a result of evaluation(s) required under

Secs. 216.4 (e) and (f).

(2) Take immediate action to deny obligations of DoD Funds to

covered schools identified under paragraph (a)(1)(i) of this section,

and to restore eligibility of covered schools identified under

paragraph (a)(2) of this section.

Sec. 216.6 Information requirements.

The information requirements identified at Secs. 216.5 (b) and

(c)(1) have been assigned Report Control Symbols DD-P&R (SA) 1386 and

DD-P&R (SA) 1640, respectively, in accordance with DoD 8910.1-M.\1\

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\1\ Copies may be obtained, at cost, from the National Technical

Information Service, 5285 Port Royal Road, Springfield, VA 22161.

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Appendix A of Part 216--ROTC Sample Letter of Inquiry

(Tailor letter to situation presented).

Dr. Jane Smith,

President, ABC College, Anywhere, USA 12345-9876.

Dear Dr. Smith: I understand that ABC College has [refused a

request from a Military Department to establish a Senior ROTC unit

at your institution] [refused to continue existing ROTC programs at

your institution] [prevented students from participation at a Senior

ROTC program at another institution] by a policy or practice of the

College. Current law \1\ prohibits funds by grant or contract

(including a grant of funds to be available for student aid) from

appropriations of the Departments of Defense, Labor, Health and

Human Services, Education, and Related Agencies to schools that have

a policy or practice prohibiting or preventing the Secretary of

Defense from maintaining, establishing, or efficiently operating a

Senior ROTC unit. Those statutes also bar agency funds for schools

that prohibit or prevent a student from enrolling in an ROTC unit at

another institution of higher education. Department of Defense

Directive 1322.13 implements \2\ those statutes.

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\1\ 10 U.S.C. 983 and 110 Stat. 3009.

\2\ DoD Directive 1322.13, ``Military Recruiting and Reserve

Officers Training Corps Program Access to Institutions of Higher

Education'' (available on the worldwide web at http://

www.dtic.dla.mil/defenselink/).

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This letter provides you an opportunity to clarify your

institution's policy regarding ROTC access on the campus of ABC

College. In that regard, I request, within the next 30 days, a

written statement of the institution with respect to [define the

problem area(s)].

Based on this information, Department of Defense officials will

make a determination as to your institution's eligibility to receive

funds by grant or contract. That decision will affect eligibility

for funding from appropriations of the Departments of Defense,

Labor, Health and Human Services, Education, and Related Agencies.

Should it be determined that ABC College is in violation of the

aforementioned statutes, such funding would be stopped, and the

school would be ineligible to receive such funds in the future.

I regret that this action may have to be taken. Successful

officer procurement requires that the Department of Defense maintain

a strong ROTC commissioning program. I hope it will be possible to

[define the correction to the aforementioned problem area(s)]. I am

available to answer any questions.

Sincerely,

Appendix B of Part 216--Military Recruiting Sample Letter of Inquiry

(Tailor letter to situation presented).

Dr. John Doe,

President, ABC College, Anywhere, USA 12345-9876.

Dear Dr. Doe: I understand that military recruiting personnel

[are unable to recruit on the campus of ABC College] [have been

refused directory information on ABC College students for military

recruiting] by a policy or practice of the College. Current law \1\

prohibits funds by grant or contract (including a grant of funds to

be available for student aid) from appropriations of the Departments

of Defense, Transportation, Labor, Health and Human Services,

Education, and Related Agencies to schools that have a policy of

denying military recruiting personnel entry to campuses, access to

students on campuses, or access to directory information on

students. Department of Defense Directive 1322.13 implements \2\

those statutes.

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\1\ 108 Stat. 2663 and 110 Stat. 3009

\2\ DoD Directive 1322.13, ``Military Recruiting and Reserve

Officers Training Corps Program Access to Institutions of Higher

Education'' (available on the worldwide web at http://

www.dtic.dla.mil/defenselink/)

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This letter provides you an opportunity to clarify your

institution's policy regarding military recruiting on the campus of

ABC College. In that regard, I request, within the next 30 days, a

written policy statement of the institution with respect to access

to campus and students, and to student directory information \3\ by

military recruiting personnel. Your response should highlight any

difference between access for military recruiters and access for

recruiting by other potential employers.

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\3\ Directory information refers to a student's name, address,

telephone listing, date and place of birth, level of education,

academic major, degrees received, and the educational institution in

which the student most recently was enrolled.

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Based on this information, Department of Defense officials will

make a determination as to your institution's eligibility to receive

funds by grant or contract. That decision will affect eligibility

for funding from appropriations of the Departments of Defense,

Transportation, Labor, Health and Human Services, Education, and

Related Agencies. Should it be determined that ABC College is in

violation of the aforementioned statutes, such funding would be

stopped, and the school would be ineligible to receive such funds in

the future.

I regret that this action may have to be taken. Successful

recruiting requires that Department of Defense recruiters have

reasonable access to students on the campuses of colleges and

universities, and at the same time have effective relationships with

the officials and student bodies of those institutions. I hope it

will be possible to [define the correction to the aforementioned

problem area(s)]. I am available to answer any questions.

Sincerely,

Dated: March 28, 1997.

L.M. Bynum,

Alternate OSD Federal Register Liaison Officer, Department of Defense.

[FR Doc. 97-8610 Filed 4-7-97; 8:45 am]

BILLING CODE 5000-04-M