[Federal Register Volume 60, Number 15 (Tuesday, January 24, 1995)]
[Rules and Regulations]
[Pages 4544-4545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1727]



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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 23

RIN 0790-AF87


Grants and Agreements--Military Recruiting on Campus

AGENCY: Office of the Secretary, DoD.

ACTION: Interim rule.

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SUMMARY: The Department of Defense adopts this interim rule to 
implement Section 558 of the National Defense Authorization Act for 
Fiscal Year 1995 [Public Law 103-337 (1994)], as it applies to grants. 
Section 558 states that funds available to the Department of Defense 
may not be provided by grant or contract to any institution of higher 
education that has a policy of denying, or which effectively prevents, 
the Secretary of Defense from obtaining for military recruiting 
purposes: entry to campuses; access to students on campuses; or access 
to directory information pertaining to students. The rule implements 
the law, as it applies to grants, by requiring inclusion of an 
appropriate clause in DoD grants with institutions of higher education. 
It also extends the requirement, as a matter of policy, to DoD 
cooperative agreements, because they are very similar to grants.

DATES: This interim rule is effective on January 24, 1995. Written 
comments on this rule must be received by March 27, 1995.

ADDRESSES: Forward comments to the Director for Research, 3080 Defense 
Pentagon, Washington, DC 20301-3080.

FOR FURTHER INFORMATION CONTACT:
Mark Herbst, (703) 614-0205.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    This rule is not a ``significant regulatory action,'' as defined by 
Executive Order 12866. The Department of Defense believes that it will 
not: (1) Have an annual effect on the economy of $100 million or more 
or adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities; (2) create a serious inconsistency or otherwise interfere 
with an action taken or planned by another agency; (3) materially alter 
the budgetary impact of entitlements, grants, user fees, or loan 
programs or the rights and obligations of recipients thereof; or (4) 
raise novel legal or policy issues arising out of legal mandates, the 
President's priorities, or [[Page 4545]] the principles set forth in 
Executive Order 12866.

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

    This regulatory action will not have a significant adverse impact 
on a substantial number of small entities.

Paperwork Reduction Act of 1980 (44 U.S.C., Chapter 35)

    This regulatory action will not impose any additional reporting or 
recordkeeping requirements under the Paperwork Reduction Act.

List of Subjects in 32 CFR Part 23

    Grant programs.

    Accordingly, Title 32, Chapter I, Subchapter B of the Code of 
Federal Regulations is amended to add Part 23 to read as follows:

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

Sec.
23.1  Military recruiting on campus.

    Authority: 5 U.S.C. 301.


Sec. 23.1  Military recruiting on campus.

    (a) Clause for award documents. (1) Grants officers shall include 
the following clause in grants and cooperative agreements with 
institutions of higher education:

    ``As a condition for receipt of funds available to the 
Department of Defense (DoD) under this award, the recipient agrees 
that it is not an institution that has a policy of denying, and that 
it is not an institution that effectively prevents, the Secretary of 
Defense from obtaining for military recruiting purposes: (A) Entry 
to campuses or access to students on campuses; or (B) access to 
directory information pertaining to students. If the recipient is 
determined, using procedures established by the Secretary of Defense 
to implement section 558 of Public Law 103-337 (1994), to be such an 
institution during the period of performance of this agreement, and 
therefore to be in breach of this clause, the Government will cease 
all payments of DoD funds under this agreement and all other DoD 
grants and cooperative agreements, and it may suspend or terminate 
such grants and agreements unilaterally for material failure to 
comply with the terms and conditions of award.''

    (2) If a recipient refuses to accept the clause in paragraph (a)(1) 
of this section, the grants officer shall determine that the recipient 
is not qualified with respect to the award, and may award to an 
alternative recipient.
    (b) Language for program solicitations. (1) To notify prospective 
recipients of the requirement in paragraph (a) of this section, grants 
officers shall include the following notice in program announcements or 
solicitations under which grants or cooperative agreements may be 
awarded to institutions of higher education:

    ``This is to notify potential proposers that each grant or 
cooperative agreement that is awarded under this announcement or 
solicitation to an institution of higher education must include the 
following clause:

        ``As a condition for receipt of funds available to the 
Department of Defense (DoD) under this award, the recipient agrees 
that it is not an institution that has a policy of denying, and that 
it is not an institution that effectively prevents, the Secretary of 
Defense from obtaining for military recruiting purposes: (A) Entry 
to campuses or access to students on campuses; or (B) access to 
directory information pertaining to students. If the recipient is 
determined, using procedures established by the Secretary of Defense 
to implement section 558 of Public Law 103-337 (1994), to be such an 
institution during the period of performance of this agreement, and 
therefore to be in breach of this clause, the Government will cease 
all payments of DoD funds under this agreement and all other DoD 
grants and cooperative agreements, and it may suspend or terminate 
such grants and agreements unilaterally for material failure to 
comply with the terms and conditions of award.''

    ``If your institution has been identified under the procedures 
established by the Secretary of Defense to implement section 558, 
then: (1) No funds available to DoD may be provided to your 
institution through any grant, including any existing grant; (2) as 
a matter of policy, this restriction also applies to any cooperative 
agreement; and (3) your institution is not eligible to receive a 
grant or cooperative agreement in response to this solicitation.''

    (2) Grants officers may include introductory language with the 
language in paragraph (b)(1) of this section, to tailor the notice to 
the circumstances of the particular announcement (e.g., to reflect a 
Broad Agency Announcement under which a DoD Component would award 
contracts, as well as grants and cooperative agreements). However, the 
language and the intent in paragraph (b)(1) may not be changed without 
the approval of the Director, Defense Research and Engineering 
[requests for such approval are to be submitted, through appropriate 
channels, to: Director for Research, ODDR&E(R), 3080 Defense Pentagon; 
Washington, DC 20301-3080].

    Dated: January 19, 1995.
Linda M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 95-1727 Filed 1-23-95; 8:45 am]
BILLING CODE 5000-04-M