[Code of Federal Regulations]
[Title 32, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR22.520]

[Page 74-75]
 
                       TITLE 32--NATIONAL DEFENSE
 
              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE
 
PART 22--DoD GRANTS AND AGREEMENTS--AWARD AND ADMINISTRATION--Table of 
Contents
 
                   Subpart E--National Policy Matters
 
Sec. 22.520  Military recruiting on campus.

    (a) Purpose. The purpose of this section is to implement section 558 
of the National Defense Authorization Act for Fiscal Year 1995 (Pub. L. 
103-337), as it specifically affects grants and cooperative agreements 
(note that section 558 appears as a note to 10 U.S.C. 503). This section 
thereby supplements DoD's primary implementation of section 558, in 32 
CFR part 216, ``Military Recruiting and Reserve Officer Training Corps 
Program Access to Institutions of Higher Education.''
    (b) Definitions specific to this section. In this section:
    (1) Directory information has the following meaning, given in 
section 558(c) of Pub. L. 103-337. It means, with respect to a student, 
the student's name, address, telephone listing, date and place of birth, 
level of education, degrees received, and the most recent previous 
educational institution enrolled in by the student.
    (2) Institution of higher education has a different meaning in this 
section than it does in the rest of this part. The meaning of the term 
in other sections of this part is given at Sec. 22.105. In this section, 
``institution of higher education'' (IHE) has the following meaning, 
given at 32 CFR 216.3. The term means 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 IHE is a 
discrete (although not necessarily autonomous) organizational entity 
that may establish policy or practices affecting military recruiting and 
related actions (e.g., an undergraduate school, law school, medical 
school, or other graduate school).
    (c) Statutory requirement. No funds available to the Department of 
Defense may be provided by grant to any institution of higher education 
that either has a policy of denying or that effectively prevents the 
Secretary of Defense from obtaining, for military recruiting purposes, 
entry to campuses or access to students on campuses or access to 
directory information pertaining to students.
    (d) Policy--(1) Applicability to subordinate elements of 
institutions of higher education. 32 CFR part 216, DoD's primary 
implementation of section 558, establishes procedures by which the 
Department of Defense identifies institutions of higher education that 
have a policy or practice described in paragraph (c) of this section. In 
cases where those procedures lead to a determination that specific 
subordinate elements of an institution of higher education have such a 
policy or practice, rather than the institution as a whole, 32 CFR part 
216 provides that the prohibition on use of DoD funds applies only to 
those subordinate elements.
    (2) Applicability to cooperative agreements. As a matter of DoD 
policy, the restrictions of section 558, as implemented by 32 CFR part 
216, apply to cooperative agreements, as well as grants.
    (3) Deviations. Grants officers may not deviate from any provision 
of this section without obtaining the prior approval of the Director of 
Defense Research and Engineering. Requests for deviations shall be 
submitted, through appropriate channels, to: Director for Research, 
ODDR&E(R), 3080 Defense Pentagon, Washington, DC 20301-3080.
    (e) Grants officers' responsibilities. A grants officer shall:
    (1) Not award any grant or cooperative agreement to an institution 
of higher education that has been identified pursuant to the procedures 
of 32

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CFR part 216. Such institutions are identified on the Governmentwide 
``List of Parties Excluded from Federal Procurement and Nonprocurement 
Programs,'' as being ineligible to receive awards of DoD funds (note 
that 32 CFR 25.505(d) requires the grants officer to check the list 
prior to determining that a recipient is qualified to receive an award).
    (2) [Reserved]
    (3) Not consent to any subaward of DoD funds to such an 
organization, under a grant or cooperative agreement to any recipient, 
if such subaward requires the grants officer's consent.
    (4) Include the clause in paragraph (f) of this section in each 
grant or cooperative agreement with an institution of higher education. 
Note that this requirement does not flow down (i.e., recipients are not 
required to include the clause in subawards).
    (5) If an institution of higher education refuses to accept the 
clause in paragraph (f) of this section:
    (i) Determine that the institution is not qualified with respect to 
the award. The grants officer may award to an alternative recipient.
    (ii) Transmit the name of the institution, through appropriate 
channels, to the Director for Accession Policy, Office of the Assistant 
Secretary of Defense for Force Management Policy, OASD(FMP), 4000 
Defense Pentagon, Washington, DC 20301-4000. This will allow OASD(FMP) 
to decide whether to initiate an evaluation of the institution under 32 
CFR part 216, to determine whether it is an institution that has a 
policy or practice described in paragraph (c) of this section.
    (f) Clause for award documents. The following clause is to be 
included 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 of higher education (as defined in 32 CFR part 216) that has 
a policy of denying, and that it is not an institution of higher 
education 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 the 
procedures in 32 CFR part 216, to be such an institution of higher 
education 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 to the recipient, and it may suspend or terminate 
such grants and agreements unilaterally for material failure to comply 
with the terms and conditions of award.''