[Federal Register Volume 62, Number 67 (Tuesday, April 8, 1997)]
[Rules and Regulations]
[Pages 16691-16695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8610]


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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:
    <bullet> 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.
    <bullet> 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.
    <bullet> 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 <a href="http://
www.dtic.dla.mil/defenselink/">http://
www.dtic.dla.mil/defenselink/</a>).
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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 <a href="http://
www.dtic.dla.mil/defenselink/">http://
www.dtic.dla.mil/defenselink/</a>)
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    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