[Code of Federal Regulations]
[Title 32, Volume 2, Parts 191 to 399]
[Revised as of July 1, 1998]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR216.4]

[Page 349-350]
 
                       TITLE 32--NATIONAL DEFENSE
 
                               (CONTINUED)
 
PART 216--MILITARY RECRUITING AND RESERVE OFFICER TRAINING CORPS PROGRAM ACCESS TO INSTITUTIONS OF HIGHER EDUCATION--Table of Contents
 
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;
    (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

[[Page 350]]

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.