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Barry McVay's FEDERAL CONTRACTS DISPATCH

DATE: January 13, 2000

FROM: Barry McVay, CPCM

SUBJECT: Defense Federal Acquisition Regulation Supplement (DFARS); Institutions of Higher Education

SOURCE: Federal Register, January 13, 2000, Vol. 65, No. 9, page 2056

AGENCIES: Department of Defense (DOD)

ACTION: Interim Rule

SYNOPSIS: DOD is amending DFARS 209.470, Reserve Officer Training Corps and Military Recruiting on Campus, and the corresponding clause at DFARS 252.209-7005, to implement Section 549 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65), Recodification and Consolidation of Statutes Denying Federal Grants and Contracts by Certain Departments and Agencies to Institutions of Higher Education That Prohibit Senior ROTC Units or Military Recruiting on Campus, which went into effect October 5, 1999.

DATES: This interim rule is effective January 13, 2000. Comments on the interim rule should be submitted on or before March 13, 2000.

ADDRESS: Submit comments to Defense Acquisition Regulations Council, Attn: Ms. Amy Williams, PDUSD (AT&L) DP (DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-3062; fax: 703-602-0350; e-mail: dfars@acq.osd.mil. Cite DFARS Case 99-D303 in all correspondence related to this interim rule.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, 703-602-0288.

SUPPLEMENTAL INFORMATION: Section 558 of the National Defense Authorization Act for Fiscal Year 1995, and Section 541 of the National Defense Authorization Act for Fiscal Year 1996, prohibit the the use of DOD funds for contracts or grants to any institution of higher education that has an anti-Reserve Officer Training Corps (ROTC) policy or prevents DOD from obtaining entry to campuses, access to students, or access to directory information pertaining to students.

Section 549 of the National Defense Authorization Act for Fiscal Year 2000 recodified these prohibitions by amending Title 10 of the United States Code, Section 983 (10 U.S.C. 983) (Section 549 repealed Section 558 of the FY95 Defense Appropriations Act and Section 541 of the FY96 Defense Appropriations Act, and provides that covered "institutions of higher education" meet the requirements of 20 U.S.C. 1001 instead of Title 32 of the Code of Federal Regulations, Part 216); expanded the prohibited anti-ROTC policy to cover "maintaining, establishing, or operating a unit of the Senior Reserve Officer Training Corps"; made the prohibitions applicable to grants and contracts covered by the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act; changed the prohibition so it applies to the entire institution, not merely to the "subordinate elements" of the institution with the prohibited policies or practices; and exempted institutions with "a longstanding policy of pacifism based on historical religious affiliation."

To implement these changes, DOD has retitled DFARS 209.470 as "Reserve Officer Training Corps and Military Recruiting on Campus" (formerly titled "Military Recruiting on Campus"), amended its subsections (DFARS 209.470-1, Definition; DFARS 209.470-2, Policy; DFARS 209.470-3, Procedures; and DFARS 209.470-4, Contract Clause), and amended DFARS 252.209-7005, Reserve Officer Training Corps and Military Recruiting on Campus. Also, DOD has amended DFARS 243.105, Availability of Funds (which addresses the funding of contract modifications), to remove the reference to Section 558 of the FY95 Defense Appropriations Act, and revise the prohibition against awarding funds to "an institution of higher education that has an anti-ROTC policy" to read "an institution of higher education that has a policy or practice of hindering Senior Reserve Officer Training Corps units or military recruiting on campus."

FOR FURTHER INFORMATION CONTACT: Barry McVay at 703-451-5953 or by e-mail to BarryMcVay@FedGovContracts.com.

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