New law #1: DOS releases final rule on ROTC access to campuses

[Federal Register: March 28, 2008 (Volume 73, Number 61)]
[Rules and Regulations]
[Page 16525-16531]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28mr08-5]

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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 216

[DoD-2006-OS-0136]
RIN 0790-AI15

Military Recruiting and Reserve Officer Training Corps Program
Access to Institutions of Higher Education

AGENCY: Department of Defense.

ACTION: Final rule.

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SUMMARY: The Department of Defense revises the current rule addressing
military recruiting and Reserve Officer Training Corps program access
at institutions of higher education. This final rule implements 10
U.S.C. 983, as amended by the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 (Pub. L. 108-375 (October 28,
2004)). As amended, 10 U.S.C. 983 clarifies access to campuses, access
to students and access to directory information on students for the
purposes of military recruiting, and now states that access to campuses
and students on campuses shall be provided in a manner that is at least
equal in quality and scope to that provided to any other employer. The
prohibition against providing Federal funds when there is a violation
of 10 U.S.C. 983 has an exception for any Federal funds provided to an
institution of higher education, or to an individual, that are
available solely for student financial assistance, related
administrative costs, or costs associated with attendance. Such funds
may be used for the purpose for which the funding is provided. A
similar provision in section 8120 of the Department of Defense
Appropriations Act of 2000 (Pub. L. 106-79; 113 Stat. 1260) has been
repealed. This rule also rescinds the previous policy that established
an exception that would limit recruiting on the premises of the covered
school only in response to an expression of student interest when the
covered school certified that too few students had expressed interest
to warrant accommodating military recruiters.

DATES: Effective Date: This rule is effective April 28, 2008.

FOR FURTHER INFORMATION CONTACT: Christopher Arendt, telephone: (703)
695-5529).
The complete rule