(a) Implements 10 U.S.C. 503 note. (b) Updates policy and responsibilities for identifying and taking action on institutions of higher education that either have a policy of denying, or that effectively prevents military recruiting personnel from entry to their campuses, from access to their students, or from access to student directory information.

$216.2 Applicability.

This part applies to the Office of the Secretary of Defense, the Military Departments, the Chairman of the Joint Chiefs of Staff, the Unified Combatant Commands, the Uniformed Services University of Health Sciences, the Defense Agencies, and the DoD Field Activities (hereafter referred to collectively as "the DoD Components"). The term "Military Services," as used herein, refers to the Army, the Navy, the Air Force, and the Marine Corps.

4 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.

$216.3 Definitions.

(a) Directory information. Referring to a student means 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.

(b) Institution of higher education. A domestic college, university, or subelement of a university providing postsecondary school courses of study, including foreign campuses of such domestic institutions. That includes junior colleges, community colleges, and institutions providing courses leading to undergraduate and post-graduate degrees. That term does not include entities that operate exclusively outside the United States, its territories, and possessions. A subelement of a university is a discrete (although not necessarily autonomous) organizational entity that establishes policy or practices affecting military recruiting and related actions covered by 10 U.S.C. 503 note and this part. For example, a subelement may be an undergraduate school, a law school, medical school, or graduate school of arts and sciences.

(c) Student. An individual who is 17 years of age or older and enrolled in an institution of higher education.

§ 216.4 Policy.

It is DoD policy that:

(a) Under 10 U.S.C. 503 note, no funds available to the Department of Defense may be provided by grant or contract 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, access to students on campuses, or access to directory information on students. That prohibition on use of DoD funds applies only to subelements of an institution of higher education that are determined to have such a policy or practice.

(b) An evaluation to determine whether an institution of higher education has a policy of denying, or is effectively preventing, the Secretary of Defense from obtaining entry to campuses, access to students on campuses, or access to student directory information shall be undertaken when:

(1) Military recruiting personnel cannot obtain permission to recruit on the premises of the institution or when they are refused directory information. Military recruiting personnel shall accommodate an institution's reasonable preferences as to times and places for scheduling on-campus recruiting, if any such restrictions are not based on the policies or practices of the Department of Defense and that the Military Services are provided entry to the campus and access to students on campus and to directory information; or,

(2) The institution is unwilling to declare in writing as a prerequisite to an education and training award that the institution 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.

(3) The institution does not accept terms or conditions of a DoD contract or grant specified under §216.5(b)(2).

(c) A determination that military recruiting personnel are denied access shall not be made when the institution does the following:

(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:

(i) 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 applicable to other employers.

(3) When not providing any directory information, certifies that such information is not collected by the institution.

(4) When not providing directory information for specific students, certifies that each student concerned (or his or her parent, if a 17-year-old) has formally requested the institution to withhold providing this information

from military recruiting personnel for military recruiting purposes.

§ 216.5 Responsibilities.

(a) The Assistant Secretary of Defense for Force Management Policy, under the Under Secretary of Defense for Personnel and Readiness, shall:

(1) Not later than 30 days after receipt of the name(s) of institutions of higher education under paragraphs (d)(2) and (e)(1) of this section:

(i) Make a final determination about the eligibility of each such institution to receive funds available to the Department of Defense by grant or contract under 10 U.S.C. 503 note, and this part.

(ii) Notify each institution determined under paragraph (a)(1)(i) of this section, that it is ineligible to receive DoD funds under 10 U.S.C. 503 note, and this part. Such notification shall reflect the basis of that determination.

(iii) Disseminate the names of institutions of higher education identified under paragraph (a)(1)(i) of this section to all the DoD Components and to the General Services Administration (GSA) for inclusion in the Federal list of parties excluded from Federal procurement or nonprocurement programs.

(iv) Inform each applicable institution identified under paragraph (d)(2) or (e)(1) of this section, that its eligibility to receive DoD funds may be restored upon the institution providing sufficient new information to enable the Assistant Secretary of Defense for Force Management Policy (ASD(FMP)) to determine that the institution provides entry to its campus(es), access to students on the campus(es), and access to directory information on students.

(2) Not later than 45 days after receipt of an institution's request to restore its eligibility:

(i) Determine whether the institution is qualified to receive DoD funds under 10 U.S.C. 503 note, and this part.

(ii) Inform the institution of that determination.

(iii) Provide the DoD Components and GSA with the name of that institution if its eligibility has been restored.

(3) Provide policy and procedures to: (i) Cease education and training awards of DoD funds (other than those

made by procurement grant or contract under paragraph (b)(1) of this section) to institutions identified as ineligible under paragraph (a)(1)(i) of this section.

(ii) Identify institutions unwilling to declare in writing, as a prerequisite to such an award of DoD funds for education and training, that the institution 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.

(4) Notify the Defense Finance and Accounting Service of institutions, under paragraph (a)(1)(i) of this section, that either lose or regain eligibility to receive DoD funds under 10 U.S.C. 503 note and this part.

(b) The Under Secretary of Defense for Acquisition and Technology shall establish policy and procedures to:

(1) Deny DoD grant and contract awards to all institutions identified as ineligible under paragraph (a)(1)(i) of this section.

(2) Include terms or conditions in DoD grants and contracts awarded to institutions of higher education to make payments of DoD funds under such awards contingent on the institution's not being one so identified.

(c) The Under Secretary of Defense (Comptroller)/Chief Financial Officer shall establish and promulgate financial management policies and procedures to stop or reactivate payment of DoD funds through contracts, grants, and other agreements made by the Department of Defense or other Federal Agencies to institutions identified as ineligible under paragraph (a)(1)(i) of this section.

(d) The Secretaries of the Military Departments shall:

(1) Identify institutions that, by policy or practice, deny military recruiting personnel entry to the campus(es) of those institutions, access to students, or access to student directory information. When repeated requests to schedule recruiting visits or to obtain directory information are unsuccessful, the Military Service concerned shall seek written confirmation of the institution's present policy from the head

of the institution through a letter of inquiry. The sample letter in Appendix A to the part shall be followed as closely as possible. If written confirmation cannot be obtained, oral policy statements or attempts to obtain such statements from an appropriate official of the institution shall be documented.

(2) Evaluate the responses to the letter of inquiry and of such other evidence obtained in accordance with this part and submit to the ASD(FMP) the names and addresses of institutions of higher education that are recommended to be declared ineligible to receive funds available to the Department of Defense under 10 U.S.C. 503 note and this part. Full documentation shall be furnished to the ASD(FMP) for each such institution, including the institution's formal response to the letter of inquiry, or oral response or evidence showing attempts to obtain written confirmation or an oral statement of the institution's policies.

(e) The Heads of the DoD Components shall:

(1) Provide the ASD(FMP) with the names and addresses of institutions:

(i) Identified as ineligible as a result of implementing policies and procedures promulgated under paragraph (a)(3)(ii) of this section.

(ii) That do not accept terms or conditions of a DoD grant or contract specified under paragraph (b)(2) of this section.

(2) Take immediate action to deny DoD funds to institutions identified as ineligible under paragraph (a)(1)(i) of this section and to restore eligibility of institutions identified under paragraph (a)(2)(i) of this section.

APPENDIX A TO PART 216-SAMPLE LETTER OF INQUIRY

Dr. John Doe
President
XYZ College

Anywhere, USA 12345-0123

Dear Dr. Doe: I understand that military recruiting personnel are unable to recruit on the campus of XYZ College and have been refused directory information on XYZ College students for military recruiting by official policy of the college. Title 10 U.S.C. 503 note, prohibits grant and contract awards of DoD funds to any institution of higher education

that has a policy of denying, or that effectively prevents, military recruiting personnel entry to campuses, access to students on campuses, or access to directory information on students. DoD Directive 1322.13, "Military Recruiting at Institutions of Higher Education," (January 26, 1996) codified at 32 CFR part 216, implements 10 U.S.C. 503 note. A copy of 10 U.S.C. 503 note, and of DoD Directive 1322.13 are enclosed.

Under DoD Directive 1322.13, this letter provides you an opportunity to clarify your institution's policy on military recruiting on the campus of XYZ College. In that regard, I request the official written policy of the institution regarding visits of civilian employers (public or private) and military recruiting personnel to the campus for recruiting college students, and access to directory information on students.

Based on this information, a determination shall be made by the Assistant Secretary of Defense for Force Management Policy as to your institution's eligibility to receive DoD funds by grant or contract. Should it be determined that XYZ College is not qualified to receive such funds, all current programs requiring payment to XYZ College shall be stopped, and it shall be ineligible to receive future payments of DoD funds through grants, contracts, and other applicable agreements.

I regret that this action may have to be taken. Successful recruiting requires that DoD recruiters have reasonable access to students on the campuses of colleges and universities, and at the same time to have effective relationships with the officials and student bodies of those institutions. I hope it will be possible for military recruiters to schedule recruiting visits at XYZ College in the near future. I am available to answer any questions.

Sincerely, Enclosures

[NOTE: DOD Directive 1322.13 is available from the National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161. This note is not a part of the sample letter of inquiry.]

PART 218-GUIDANCE FOR THE DETERMINATION AND REPORTING OF NUCLEAR RADIATION DOSE FOR DOD PARTICIPANTS IN THE ATMOSPHERIC NUCLEAR TEST PROGRAM (1945-1962)

Sec.

218.1 Policies.

218.2 General procedures.

218.3 Dose reconstruction methodology. 218.4 Dose estimate reporting standards.

AUTHORITY: Pub. L. 98-542, 98 Stat. 2725 (38 U.S.C. 354 Note.)

SOURCE: 50 FR 42521, Oct. 21, 1985, unless otherwise noted.

$218.1 Policies.

a

(a) Upon request by the Veterans Administration in connection with claim for compensation, or by a veteran or his or her representative, available information shall be provided by the applicable Military Service which shall include all material aspects of the radiation environment to which the veteran was exposed and shall include inhaled, ingested and neutron doses. In determining the veteran's dose, initial neutron, initial gamma, residual gamma, and internal (inhaled and ingested) alpha, beta, and gamma shall be considered. However, doses will be reported as gamma dose, neutron dose, and internal dose. The minimum standards for reporting dose estimates are set forth in §218.4.

(b) The basic means by which to measure dose from exposure to ionizing radiation is the film badge. Of the estimated 220,000 Department of Defense participants in atmospheric nuclear weapons tests, about 145,000 have film badge dose data available. The information contained in the records has been reproduced in a standard format and is being provided to each military service, which can use the film badge dose data to obtain a radiation dose for a particular individual from that service. This is done upon request from the individual, the individual's representative, the Veterans Administration, or others as authorized by the Privacy Act. Upon request, the participant or his or her authorized representative will be informed of the specific methodologies and assumptions employed in estimating his or her dose. The participant can use this information to obtain independent options regarding expo

sure.

(c) From 1945 through 1954, the DoD and Atomic Energy Commission (AEC) policy was to issue badges only to a portion of the personnel in a homogeneous unit such as a platoon of a battalion combat team, Naval ship or aircraft crew. Either one person was badged in a group performing the same function, or only personnel expected to

be exposed to radiation were badged. After 1954, the policy was to badge all personnel. But, some badges were unreadable and some records were lost or destroyed, as in the fire at the Federal Records Center in St. Louis. For these reasons the Nuclear Test Personnel Review (NTPR) Program has focused on determining the radiation dose for those personnel (about 75,000) who were not issued film badges or for whom film badge records are not available.

(d) In order to determine the radiation dose to individuals for whom film badge data are not available, alternative approaches are used as circumstances warrant. All approaches require investigation of individual or group activities and their relationship to the radiological environment. First, if it is apparent that personnel were not present in the radiological environment and had no other potential for exposure, then their dose is zero. Second, if some members of a group had film badge readings and others did not-and if all members had a common relationship with the radiological enviroment then doses for unbadged personnel can be calculated. Third, where sufficient badge readings or a common relationship to the radiological environment does not exist, dose reconstruction is performed. This involves correlating a unit's or individual's detailed activities with the quantitively determined radiological environment. The three approaches are described as follows:

(1) Activities of an individual or his unit are researched for the period of participation in an atmospheric nuclear test. Unit locations and movements are related to areas of radiation. If personnel were far distant from the nuclear detonation(s), did not experience fallout or enter a fallout area, and did not come in contact with radioactive samples or contaminated objects, they were judged to have received no dose.

(2) Film badge data from badged personnel may be used to estimate individual doses for unbadged personnel. First, a group of participants must be identified that have certain common characteristics and a similar potential for exposure to radiation. Such charac

teristics are: Individuals must be doing the same kind of work, referred to as activity, and all members of the group must have a common relationship to the radiological environment in terms of time, location or other factors. Identification of these groups is based upon research of historical records, technical reports or correspondence. A military unit may consist of several groups or several units may comprise a single group. Using proven statistical methods, the badge data for each group is examined to determine if it adequately reflects the entire group, is valid for use in statistical calculations, or if the badge data indicate the group should be sub-divided into smaller groups. For a group that mets the tests described above, the mean dose, variance and confidence limits are determined. An estimated dose equal to 95% probability that the actual exposure did not exceed the estimate is assigned to unbadged personnel. This procedure is statistically sound and will insure that unbadged personnel are assigned doses much higher than the average/ mean for the group.

(3) Dose reconstruction is performed if film badge data are unavailable for all or part of the period or radiation exposure, if film badge data are partially available but cannot be used statistically for calculations, special activities are indicated for specific individuals, or if other types of radiation exposures are indicated. In dose reconstruction, the conditions of exposure are reconstructed analytically to arrive at a radiation dose. Such reconstruction is not a new concept; it is standard scientific practice used by health physicists when the circumstances of a radiation exposure require investigation. The underlying method is in each case the same. The radiation environment is characterized in time and space, as are the activities and geometrical position of the individual. Thus, the rate at which radiation is accrued is determined throughout the time of exposure, from which the total dose is integrated. An uncertainty analysis of the reconstruction provides a calculated mean dose with confidence limits. The specific method used in a dose reconstruction depends on what type of data are available to