Federal Register / Vol. 62, No. 67 / Tuesday, April 8, 1997 / Rules and Regulations 16691

2See Release Nos. 33–6977 (February 23, 1993)

[58 FR 14628], IC–19284 (February 23, 1993) [58 FR

14848], 35–25746 (February 23, 1993) [58 FR

14999], and 33–6980 (February 23, 1993) [58 FR

15009] for a comprehensive treatment of the rules

adopted by the Commission governing mandated

electronic filing. See also Release No. 33–7122

(December 19, 1994) [59 FR 67752], in which the

Commission made the EDGAR rules final and

applicable to all domestic registrants and adopted

minor amendments to the EDGAR rules; Release

No. 33–7394, in which the Commission adopted the

most recent update to the Filer Manual; and Release

No. 33–7369 (December 5, 1996) [61 FR 65440], in

which the Commission proposed additional minor

technical amendments to the EDGAR rules.

acceptance and processing of filings

made in electronic format. Filers should

consult the Filer Manual in conjunction

with the Commission’s rules governing

mandated electronic filing when

preparing documents for electronic

submission.2

A power outage that occurred at 4:30

a.m. on March 21, 1997 prevented

system implementation on March 24,

1997. The Commission, therefore, is

postponing the implementation of the

Filer Manual from March 24, 1997 to

April 14, 1997.

An incorrect page reference in the

March 24th issue is being corrected for

§ 232.301.

Need for Correction

As published, the correction to the

final regulations contains an error

which may prove to be misleading and

is in need of clarification.

Correction of Publication

Accordingly, the publication of March

24, 1997 of the final regulations, which

were the subject of FR Doc. No. 97–

7340, is corrected as follows:

§ 232.301 [Corrected]

On page 13821, second column, in the

amendatory instruction to § 232.301,

first line, page ‘‘8876’’ is corrected to

read ‘‘8878’’.

Dated: April 2, 1997.

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 97–8874 Filed 4–7–97; 8:45 am]

BILLING CODE 8010–01–M

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.

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
16692 Federal Register / Vol. 62, No. 67 / Tuesday, April 8, 1997 / Rules and Regulations

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 CampusBased 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
Federal Register / Vol. 62, No. 67 / Tuesday, April 8, 1997 / Rules and Regulations 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.

§ 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.

§ 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.

§ 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

(§ 216.5) affecting only a subelement of

a parent institution (see § 216.3(d)), the

limitations on the use of funds (§ 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

(§ 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 antiROTC policy, even though another

campus of the same system is affected

by a determination under § 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 postgraduate 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.

§ 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;
16694 Federal Register / Vol. 62, No. 67 / Tuesday, April 8, 1997 / Rules and Regulations

(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 antiROTC 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.

§ 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
Federal Register / Vol. 62, No. 67 / Tuesday, April 8, 1997 / Rules and Regulations 16695

1Copies may be obtained, at cost, from the

National Technical Information Service, 5285 Port

Royal Road, Springfield, VA 22161.

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/).

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/)

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.

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 § 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 §§ 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.

§ 216.6 Information requirements.

The information requirements

identified at §§ 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

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.

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.

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.

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

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 5, 26, 27, 95, 100,110,

130, 136, 138, 140, 151, 153, 177

46 CFR Part 2

[CGD 96–052]

RIN 2105–AC63

Civil Money Penalties Inflation

Adjustments

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: In accordance with the

Federal Civil Monetary Penalty Inflation

Adjustment Act of 1990, as amended by

the Debt Collection Improvement Act of

1996, this final rule incorporates

inflation adjustments for civil money

penalties.