when designated by him for that purpose, the Under Secretary of the Army. (2) Requests for Group Two military resources may be granted only with the personal approval of the DoD Executive Agent, or the following individuals when designated by him for that purpose: (i) The Under Secretary of the Army; (ii) the Director and Deputy Director of Military Support; or (iii) a Task Force Commander employed at an objective area during a civil disturbance.

(3) Requests for Group Three resources may be granted by Secretaries of the military departments, CINCS of unified and specified commands outside CONUS; or commanders of military installations or organizations who have been delegated such authority by the appropriate Service Secretary or CINC.

(i) Installation commanders are authorized to provide emergency explosive ordnance disposal service in accordance with applicable regulations of respective military departments.

(ii) The Director, Defense Supply Agency, is authorized to approve requests from subordinate agencies for firefighting assistance in connection with civil disturbances. Where installation fire departments have mutual aid agreements with nearby civil communities, the installation commander is authorized to provide emergency civilian or mixed civilian/military firefighting assistance. In the absence of a mutual aid agreement and when it is in the best interest of the United States, a commander with Group Three approval authority is authorized to provide emergency civilian or mixed civilian/military assistance in extinguishing fires and in preserving life or property from fire, within the vicinity of an installation. In either case, civilian firefighters may be used provided:

(a) In civil disturbance situations where there is significant danger of physical harm to firefighters, the civilian employees volunteer for the assignment. (DoD civilian employees acting in this volunteer capacity are acting as Federal employees.)

(b) Firefighting equipment will not be used for riot control.

(c) Civil authorities recognize that prior to the commitment of Federal forces to assist in restoring law and

order, the protection of firefighting crews and equipment is the responsibility, in ascending order, of municipal, county, and State officials. Failure on the part of such authorities to recognize this responsibility and/or to provide adequate protection will be grounds for refusal to commit installation resources or for withdrawal of resources already committed.

(4) Requests for Groups One, Two, or Three resources, and for renewal of outstanding loans, may be denied at any level in the chain of command down to and including commanders delegated Group Three approval authority.

(c) Processing of requests. (1) All requests will be promptly submitted through channels to the appropria se approving authorities using the format established by the DoD Executive Agent.

(2) Requests will be forwarded and processed in keeping with the degree of urgency dictated by the situation.

(3) Requests received by personnel of Defense agencies will be referred to local military commanders for processing, except that DSA subordinate agencies will forward requests for firefighting assistance to DSA.

(4) Request from civil law enforcement agencies for training assistance related to the control of civil disturbances will not be approved at the local level. Such requests should be referred to the nearest U.S. attorney, Department of Justice.

(d) Reporting of requests. (1) Reports of all requests for military resources (epproved, denied, or pending) will be prepared by all appropriate approving authorities, using the format established by the DoD Executive Agent, and forwarded through channels as follows:

(i) To the military department headquarters, in the case of requests received in the CONUS by the four Services.

(ii) To the DoD Executive Agent, in the case of requests for firefighting assistance received by the Defense Supply Agency.

(iii) To the JCS, in the case of requests received by organizations or installations over which the commanders of the unified and specified commands exercise command authority.

(2) Reports received by the military department headquarters and JCS will be transmitted to the DoD Executive Agent, who, in turn, will transmit information copies of all approved requests for Groups One and Two military resources to the General Counsel of the DoD and the Deputy Attorney General of the United States.

(3) In addition, a weekly summary report of all requests will be compiled by the DoD Executive Agent, showing action taken (approved, denied, or pending) and submitted to the General Counsel of the DoD, the Assistant Secretary of Defense (Installations and Logistics), and the Deputy Attorney General of the United States. Negative summary reports are required.

(4) The reporting requirements prescribed herein are assigned Report Control Symbol DD-A(AR)1112.

$215.10 Funding.

(a) Reporting requirements to provide for financing costs associated with civil disturbance operations, to include reimbursement of military department expenditures, will be in accordance with DoD Instruction 7200.9, "Financing and Reporting Costs of Military Resources Used in Civil Disturbances," January 26, 1970,4 and DoD Executive Agent implementing instructions.

(b) Military assistance (Groups One, Two, and Three military resources) provided to civil authorities, under the provisions of §215.9, will be on a reimbursable or reclaimable basis as appropriate.

PART 216-IDENTIFICATION OF INSTITUTIONS OF HIGHER LEARNING THAT BAR RECRUITING PERSONNEL FROM THEIR PREMISES

Sec.

216.1 Purpose.

216.2 Applicability.

216.3 Policy.

216.4 Responsibilities.

216.5 Procedures.

216.6 Information requirements.

APPENDIX A TO PART 216-SAMPLE LETTER OF INQUIRY

Although this resolution has been placed in the Statutes at Large as Pub. L. 90-331, 82 Stat. 170, it has not been codified; it is set out in the notes to 18 U.S.C. 3056.

AUTHORITY: Pub. L. 92-436, 606(a), 1973.

SOURCE: 49 FR 22802, June 1, 1984, unless otherwise noted.

§ 216.1 Purpose.

This part implements Pub. L. 92–436 and updates policy, procedures, and responsibilities for identifying and taking action against institutions of higher learning that bar recruiting personnel from their premises.

$216.2 Applicability.

This part applies to the Office of the Secretary of Defense, the Military Departments, the Organization of the Joint Chiefs of Staff, the Unified and Specified Commands, and the Defense Agencies (hereafter referred to collectively as "DOD Components"). The term "Military Services," as used herein, refers to the Army, the Navy, the Air Force, and the Marine Corps.

$216.3 Policy.

(a) Under Pub. L. 92-436, funds appropriated for the Department of Defense may not be used at any institution of higher learning if the Secretary of Defense or designee determines that recruiting personnel of any Military Service are barred by the policy of the institution from the premises of the institution. If recruiting personnel are barred from the premises of a subordinate element of an institution by the policy of such subordinate element, and the policy does not bar effectively recruiting at other subordinate elements, the prohibition on use of funds applies only to the elements in which recruiting is barred effectively.

(b) A determination that military recruiting personnel are barred by policy from the premises of an institution shall be made when military personnel cannot obtain permission to recruit on the premises of the institution. This includes circumstances in which policy of the institution is applied to bar military recruiting personnel because of the policies or practices of the Department of Defense, including the policies or practices of a DOD Component. A determination that military recruiting personnel are barred by policy will not be made when the institution:

(1) Excludes all employers from recruiting on the premises of the institution.

(2) Permits employers to recruit on the premises of the institution only in response to an expression of student interest, and the institution:

(1) Provides the Military Services with the same opportunities to inform the students of military recruiting activities as are available to other employers.

(ii) Certifies that too few students have expressed an interest to warrant accommodating military recruiters, applying the same criteria that are appliable to other employers.

(3) Has been unable to schedule military recruiting visits in the past academic year, but agrees to schedule military recruiting visits on the premises of the institution in the coming academic year.

(4) Otherwise establishes reasonable restrictions on the time and place of recruiting activities that generally are applicable to all employers and are not based on the policies or practices of the Department of Defense.

(c) Under Pub. L. 92-436, the prohibition on use of funds may be waived if the Secretary of the Military Department concerned certifies to the Congress in writing that a specific course of instruction is not available at any other institution of higher learning and frurnishes to the Congress the reasons why such a course of instruction is of vital importance to the security of the United States.

(d) Under Pub. L. 92-436, the prohibition on use of research and development (R&D) fund may be waived if the Secretary of Defense, or designee, determines that the expenditure is a continuation or a renewal of a previous program with the institution that is likely to make significant contribution to the defense effort.

$216.4 Responsibilities.

(a) The Assistant Secretary of Defense (Manpower, Installations, and Logistics) (ASD(MI&L)) shall:

(1) Determine whether recruiting personnel have been barred by policy from the premises of an institution of higher learning.

(2) Disseminate to DOD Components the names of institutions of higher learning that are subject to the prohibition on use of funds.

(b) The Under Secretary of Defense for Research and Engineering (USDR&E) shall exercise the authority to waive the prohibition on use of R&D funds under §216.3(d), of this part. Such waivers shall be reported promptly to the ASD(MI&L).

(c) The Secretaries of the Military Departments shall:

(1) Submit semiannual reports to the ASD(MI&L) under §216.6(a), of this part, concerning institutions of higher learning that bar recruiting personnel from the premises of the institutions.

(2) Determine whether to waive the prohibition on use of funds under §216.3(c), of this part.

(d) The Heads of DOD Components shall submit semiannual reports on actions related to the prohibition on use of funds under § 216.6(b), of this part.

$216.5 Procedures.

(a) Recruiters shall continue to observe the traditional DOD policy to accommodate an institution's preferences as to times and places for scheduling oncampus recruiting.

(b) The procedures prescribed herein shall be applied to institutions of higher learning that are visited for recruiting purposes. A survey of institutions of higher learning may not be undertaken for purposes of this part. Action taken under the part shall be limited to experiences obtained as a result of attempts to schedule or conduct normal recruiting visits and on any further information related to such recruiting endeavors.

(c) The following procedures shall be used by the Military Departments to determine whether recruiting personnel are barred by policy from the premises of an institution of higher learning.

(1) An inquiry as to the policy of the institution concerning military recruiting shall be made when an official of the institution informs the Military Service concerned, orally or in writing, that the policy of the institution is not to permit recruiting by the Military Service, or when repeated requests to schedule recruiting visits are unsuc

cessful. An inquiry need not be made when the Military Service concerned otherwise has determined that recruiting personnel are not barred by policy under one or more provisions of §§ 216.3(b)(1) through 216.3(b)(4), of this part.

(2) The inquiry shall consist solely of official contact with officers of the institution who are responsible for recruiting or placement activities, or their superiors.

(3) The Military Service shall obtain written confirmation of the refusal to permit recruiting by the Military Service. If written confirmation cannot be obtained, oral policy statements attributed to an appropriate official of the institution shall be used.

(4) Based upon the initial inquiry, written clarification of the institution's present policy shall be sought by a letter of inquiry to the head of the institution from the headquarters level of the military recruiting organization concerned (or higher official if so designated by the Secretary of the Military Department concerned). The sample letter of inquiry at Appendix A shall be followed as closely as possible.

(5) Under the procedures established by the Secretary of the Military Department concerned, a determination shall be made whether military recruiting personnel are being barred by the policy of the institution from the premises of the institution. The determination shall be based on the responses to the letter of inquiry and on such other evidence obtained in accordance with this part as may be appropriate, consistent with the policy in § 216.3, of the part.

(6) If it is determined that one or more of the provisions of §§ 216.3(b)(1) through 216.3(b)(4), of this part, are applicable, the actions shall be terminated.

(7) The Secretary of the Military Department concerned shall submit a report for each Military Service to the ASD(MI&L) and the USDR&E each January 31 and June 30 (see §216.6, of this part).

(i) The report shall list each institution of higher learning that is recommended for inclusion on the list of institutions subject to the prohibition on use of funds. Full documentation,

including the basis for the listing, shall be furnished for each institution named, including the institution's formal response to the letter of inquiry.

(ii) Repetitive listing of institutions subject to the prohibition at the time of the report is not required.

(iii) Each institution that has been granted a waiver by the Secretary of the Military Department concerned under §216.3(c), of this part, shall be listed in a separate portion of the report. A copy of the transmittal to Congress shall be included.

(d) The USDR&E shall inform the ASD(MI&L) promptly when the waiver provisions are invoked for R&D funds under §216.3(d), of this part, with respect to any institution listed on a Military Department's report. Negative reports from the USDR&E are not required.

(e) Not later than 30 days after receipt of the reports from the Military Departments, the ASD(MI&L) shall provide each institution listed by the Military Departments under paragraph (c)(7)(i), of this part, with the following information:

(1) The portions of each Military Department's report that pertain to the institution, including the supporting documentation.

(2) Notice that the prohibition on use of funds under Pub. L. 92-436 and this part shall be invoked within 60 days of the date of the letter unless the institution provides sufficient information to enable the ASD(MI&L) to determine that the institution will permit recruiting by the Military Services during the coming academic year or that one or more of the provisions of §216.3, of this part, are otherwise applicable. A reasonable extension of time, not to exceed 30 days, may be granted at the request of the institution.

(3) Notice that communications concerning the waiver provisions based upon the availability of a specific course of instruction (§ 216.3(c), of this part) or expenditure of R&D funds (§ 216.3(d), of this part) shall be submitted to the ASD(MI&L) for transmittal to the appropriate official.

(f) When the response of the institution has been received, or if no response is received by the suspense date, the ASD(MI&L) shall determine wheth