(2) Payment of commercial insurance premiums on the life of the allotter. (Allotments for insurance on the lives of an allotter's spouse or children are authorized only under a family group contract which primarily provides insurance on the life of the allotter.)

(3) Payment of U.S. Government or National Service Life Insurance.

(4) Voluntary liquidation of indebtedness to the U.S. Government.

(5) Payment to a banking institution or association for credit to an account of the allotter. (Only one allotment under this provision shall be allowed for any employee.) Moneys thus credited to the allotter's account may be used for any purpose in accordance with the desires and direction of the allotter.

(6) Repayment of loans obtained for the purchase of a home.

(7) Payment of certain State (and District of Columbia) income taxes as authorized by Treasury Fiscal Requirements Manual for Guidance of Departments and Agencies (Part III, Chapter 4000).

(8) Payment of employee organization dues as authorized by DOD Directive 1426.1.1

(9) Charitable contributions to a Combined Federal Campaign as authorIzed by DoD Directive 5035.1,1 "FundRaising within DoD," September 22, 1964, and DoD Instruction, 5035.5,' "DoD Overseas Combined Federal Fund-Raising Campaign," June 14, 1966.

(1) Allotment limitations. (1) A power of attorney will not be accepted to establish, change, or discontinue an allotment.

(2) Allotment payments shall be made in accordance with the schedule established by the particular department or agency of the DoD, provided such allotment checks are not issued until the related earnings have accrued. This shall be stipulated as a requirement for the allotment.

(3) A DoD employee shall not be authorized more than one allotment payable to the same allottee at the same time.

(4) Allotments will not exceed the compensation due the allotter.

(g) Discontinuance of allotments. Allotments will be discontinued:

(b) This revised Part 91 incorporates a new 91.2(d), which relates to honorary office or membership in trade or professional associations. There are no other substantive changes.

(5 U.S.C. 301) [37 FR 16674, Aug. 18, 1972] § 91.2 Policies.

(a) Department of Defense Components are authorized to participate in activities of scientific, technical, professional, and other organizations, societies, and associations in the discussions of matters of mutual interest, otherwise consistent with law, including antitrust laws, and laws relating to security and subject to Part 40 of this subchapter.

(b) Participation by Department of Defense Components in the activities of private or nongovernmental associations or societies shall be limited to the extent of the Department of Defense interest involved and shall be upon such basis as will avoid (1) the favoring of one association or organization over another; (2) the unauthorized acceptance of legal membership by the United States in private organization; (3) the use of the

name of the U.S. Government by a private organization, voluntary association, or corporation, implying the sponsorship of such organization by the Government, without authority of Congress; (4) participation in the management and control of such organization without Congressional authorization; and (5) participation in the determinations or conclusions of private organizations or associations, in such manner as to suggest compliance therewith by the Government without subsequent responsible administrative authority or Congressional authorization.

(c) Subject to the above limitations, liaison representatives of Department of Defense components while participating in the activities of scientific, technical, professional, and other organizations, societies, and associations, including technical committees and standards, committees thereof, may give free and complete expression of their views on the subject matter under discussion and may vote verbally or in writing on issues presented for a vote, providing it is made clear to the private organizations, societies, and associations that such vote indicates no more than the opinion on that issue of the liaison representative of the DOD component voting. No vote so cast shall be considered to bind the Department of Defense or any component thereof in any way to any particular present or future course of action.

(d) DOD personnel shall not accept an honorary office or honorary membership in any trade or professional association which includes in its membership business entities which are engaged or are endeavoring to engage in providing goods and/or services to a component of the Department of Defense, including nonappropriated fund activities of the Department of Defense. An honorary office includes any office, whether termed honorary or not, when the selection for that office is on the basis of an official Department of Defense position or assignment.

(e) These policies shall not apply to membership or participation by officers or employees of the Department of Defense, as individuals, in private organizations or associations, including technical and professional societies, and military or veterans organizations, otherwise consistent with law, including the Hatch Act, and Anti-Lobby Act, and other laws which prohibit Government

officers and employees from engaging in activities inconsistent with their government employment.

(5 U.S.C. 301) [37 FR 16674, Aug. 18, 1972]

PART 92-POLICIES RELATING TO SENIOR RESERVE OFFICERS CORPS (ROTC) PROGRAMS

Sec.

92.1 Purpose and applicability. 92.2 Policy.

92.3 Procedures regarding oaths, security requirements, physical examination, deferment, commissioning, and assignment of graduates.

AUTHORITY: The provisions of this Part 92 issued under sec. 6(d) (1), 62 Stat. 611; 50 App. U.S.C. 456(d)(1); sec. 301, 80 Stat. 379; 5 U.S.C. 301.

SOURCE: The provisions of this Part 92 appear at 86 F.R. 14736, Aug. 11, 1971, unless otherwise noted.

(a) Purpose and objectives of the Senior ROTC program. (1) The purpose of the Senior ROTC is to provide a permanent and stable program of military education at designated college level institutions to prepare selected students for service as regular or reserve commissioned officers in the Army, Navy, Air Force, or Marine Corps.

(2) Senior ROTC educational programs qualify students for commissioning and establish a sound basis for their future professional growth and effective performance in the Military Service of their choice. The primary objectives of the Senior ROTC program provide ROTC students with:

are to

(i) An understanding of the fundamental concepts and principles of military or naval science or aerospace studies;

(ii) A basic understanding of associated professional knowledge;

(iii) A strong sense of personal integrity, honor, and individual responsibility; and

(iv) An appreciation of the requirements for national security.

(b) Establishment and continuation of ROTC units at educational institutions. (1) To receive consideration for

establishment of an ROTC unit an educational institution must:

(1) Apply in writing to a Military Department;

(ii) Be fully accredited by the appropriate regional or national authority;

(iii) Agree to provide adequate physical facilities as specified by the respective Military Department; and

(iv) Certify that it does not discriminate with respect to admission or subsequent treatment of students on the basis of race, color, or national origin.

(2) ROTC units will not be established or maintained at an educational institution unless:

(i) The senior commissioned officer of the Military Department concerned is given the academic rank of professor;

(ii) The institution fulfills the terms of its agreement with the Secretary of the Military Department concerned;

(iii) The institution adopts as a part of its curriculum a four (4) year course of military instruction or a two (2) year course of advanced training of military instruction, or both, which the Secretary of the Military Department concerned prescribes and conducts. Student enrollment shall be elective or compulsory as provided by State law or the authorities of the institution.

(3) Two (2) or more Military Departments may operate ROTC units on the same campus. Decisions to collocate additional units should be based on the school's ability to accommodate the additional unit without affecting the ability of the original unit to remain productive. Prior to final selection of an educational institution to receive a new ROTC unit, a Service will:

(1) Furnish lists of proposed new units to the other Services;

(ii) Consult with any Service which already has a unit at the school under consideration or is actively considering the school for establishment of a new unit;

(iii) Negotiate with such Service when problems may arise from collocation of two or more ROTC units on the same campus; and

(iv) Refer the matter to Office of the Assistant Secretary of Defense (Manpower and Reserve Affairs) if the difficulties cannot be resolved among the Services.

(4) Prior to releasing information on the location of proposed ROTC units, the Military Departments will provide this

information to OASD (M&RA) and the other Services.

(c) Disestablishment of ROTC units. The annual officer production or projected production from each ROTC unit should be adequate to justify the investment of Department of Defense resources.

(1) Officer production indices from an ROTC unit will be based on the production record of the past 2 years and the production potential for the current year and the projected year based on advanced course enrollment in Military Science 3 and 4 or other Service equivalent. A unit will be considered substandard when its officer production index (an average of the four (4) year period) is below:

(i) Fifteen (15) officers per year where an institution prescribes a four (4) year or combination four (4) and two (2) year program, and

(ii) Ten (10) officers per year where the institution prescribes a two (2) year program.

(2) Each year the Military Departments will, advise ROTC institutions whose units fall below the prescribed minimum production index that the units have been placed in an evaluation status for a two (2) year

(3) Units will be released from evaluation status as soon as they meet or exceed the minimum production index.

(4) At the end of the two (2) year evaluation period, or earlier if mutually agreed upon between the Services and the host institutions, the Military Departments should initiate disestablishment procedures. Units should be phased out with sufficient time to permit enrolled ROTC students to complete the program or offer the students a practical alternative for obtaining commissions.

(5) OASD(M&RA) will be advised when ROTC units are placed in an evaluation status and of the final disposition of each case.

(6) Other criteria such as cost per officer produced, quality of officer produced, institutional support, and retention rate of graduates by institution may be considered by the Military Departments concerned in actions pertaining to disestablishment of ROTC units.

(7) The decision to disestablish an ROTC unit is the prerogative of the Secretary of the Military Department concerned.

(d) Department of Defense policy regarding operation of ROTC units-(1) Academic credit for ROTC courses

taught by military instructors. ROTC courses will be reviewed by host institutions for credit on the same basis as other institutional courses. The Military Departments will urge that maximum credit be provided. If credit is questioned, the institution should recommend adjustments which would make the courses credit worthy. Regardless of the amount of credit, reflection of ROTC course grades should appear on student transcripts. Denial of degree credit would not necessarily mean withdrawal of the unit.

(2) Student eligibility for ROTC based on undergraduate major courses of study. Undergraduate students will not be denied the opportunity to enroll in ROTC solely because of their major course of study.

(3) Review procedures (board of inquiry, investigating officer, etc.) conducted when students drop ROTC in violation of their contractual agreements. The Military Departments will conduct a hearing or review (by a board or an officer) and permit at least one (1) university official (an administrator or faculty member appointed by the institution) to observe the hearing or consult in the review. The final decision on ordering to active duty will be made by the Military Department as prescribed by law.

(4) Ordering student contract violators to active duty in their enlisted grades. The Military Departments will delay ordering contract violators to active duty until they would normally complete their degree requirements or disenroll from the institution, whichever occurs first. Two (2) years active enlisted service will be required of scholarship and nonscholarship students who default during their junior or senior years. Scholarship students who complete the four (4) year course but refuse to accept their commissions will be ordered to enlisted active duty for four (4) years. Scholarship students who default during their freshman or sophomore years will not incur an active enlisted commitment.

(5) Appropriate titles for military officers assigned to ROTC. In accordance with 10 United States Code 2102(b) (1), the senior officer of each ROTC unit must receive the academic rank of professor (excluding tenure), including appropriate prerogatives and perquisites associated with the position of a professor as head of a department or program at the institution. As an alterna

tive to the title of professor, the most complimentary title for the ROTC unit commander is the military title of the officer. Other titles such as Visiting Professor are acceptable provided the prerogatives and perquisites of professorial rank (excluding tenure) accompany the position, and the title is not demeaning or indicative of some lesser status. Other ROTC officers will be evaluated by the host institution for appropriate academic rank using procedures comparable to those used for their civilian faculty colleagues.

(6) Descriptive title of ROTC unit on campus, i.e., program, department or other term. The word "Program" in lieu of "Department" is acceptable as a descriptive term for the ROTC educational activity provided no extracurricular connotation is involved. The term "program" in this sense would be applied to ROTC in the same manner as other academic programs within the institution.

(7) Unit discretion on uniforms and amount of drill. The Military Departments will prescribe the specific standards of performance which cadets and midshipmen should achieve in drill. The specific amount of drill to obtain this standard will be prescribed by the Professors of Military Science, Naval Science and Aerospace Studies. Uniforms will be worn for drill and as otherwise prescribed by the Commanding Officer of the unit.

(8) Institutional standing committees on ROTC. The Military Departments will cooperate with institutional standing committees on ROTC to develop mutually a program of instruction consistent with the goals of both parties. Where the university poses changes which are inconsistent with the law or military policies, the Military Departments shall reject the proposals.

(9) Course substitution. The Military Departments may use institutionally taught courses or courses taught jointly by both civilian and military faculties when these courses satisfy the objective contained in the ROTC curriculum and exist or can be developed by the university. Guest lecturers may provide specific hours of instruction in areas where they are academically qualified provided the institution approves of this practice. This provision shall not be used to reduce the required minimum military contact hours as specified by the Military Departments.

(e) Acceptance by ROTC staff members of payments or other benefits offered by educational institutions. An ROTC staff member may accept only the following payments or other benefits from an institution.

(1) Reasonable compensation or other benefits specifically for services that are rendered the institution other than during the duty hours of the military staff members of the ROTC unit (such as coach for an athletic team, parking lot attendant, Assistant Military Property Custodian, Commandant of Cadets, Assistant Commandant of Cadets), provided the services are not part of the member's regularly assigned military duties, do not interfere with the full and effective performance of his official military duties, do not bring discredit upon the government, and do not interfere with the customary or regular employment of local civilians in their art, trade, or profession. Duty hours for individual staff members of an ROTC unit may not vary from the duty hours of the unit simply to permit them to qualify for compensation for services rendered to an institution during the duty hours of the ROTC unit.

(2) Housing, if a reasonable rental is paid therefor. If housing is accepted by a member from an institution at other than a reasonable rental, as for example, without charge, the housing will be considered as furnished on behalf of the United States and the member will not be entitled to a basic allowance for quarters.

(3) Reimbursement by the institution for expenses incurred by the member for services that he performed at the request of the institution and, although clearly beyond the scope of his regularly assigned military duties, that he might have been expected to perform by virtue of his position, such as hosting a social function for visiting dignitaries or conducting an offcampus workshop for faculty or students. Itemized bills for these expenses must be presented to the institution. Whenever practicable, however, arrangements should be made for the institution to be billed for these expenses so that they may be paid directly by the institution. Under no circumstances may a commuted or fixed allowance be accepted from the institution for the purposes of meeting these expenses.

(4) Enrollment in courses by the member or any member of his immediate family; tickets to school or school spon

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sored activities; parking privileges; books and other supplies and materials from the institution's book store; and library privileges, either without charge or at a reduced rate if offered on the same basis to civilian members of the staff or faculty of the institution.

§ 92.3

Procedures regarding oaths, security requirements, physical examination, deferment, commissioning and assignment of graduates.

(a) Oaths and security requirements(1) Basic course enrollment. (1) With the exception of foreign students enrolled under 10 United States Code 2103 (b), each applicant for formal enrollment in the basic course, Senior ROTC, will execute the following oath or affirmation:

I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign or domestic; that I will bear true faith and allegiance to the same; and that I take this obligation freely, without any mental reservation or purpose of evasion.

(ii) Students who are required or permitted by educational institutions to undergo military training and who are not accepted for formal enrollment may receive basic course instruction with the proval of the Military Department concerned.

(2) Financial assistance programs and advanced course enrollment. Each applicant for appointment or enrollment in any of the financial assistance programs of the Services and each applicant for appointment or enrollment in the advanced course Senior ROTC will satisfy the loyalty and security requirements for enlistment in the Reserve Components of the appropriate Military Service.

(b) Physical examination. (1) To reduce to an absolute minimum the loss, at graduation, of persons found physically disqualified for appointment as commissioned officers, thorough and complete physical examinations will be conducted prior to enrollment in the scholarship program or at the time of, or immediately prior to, enrollment in the advanced courses of Army, Navy, and Air Force ROTC programs.

(2) Such examinations will, in all respects, be equal to the examination conducted to determine physical qualifications for appointment as commissioned officers.

(3) Physically disqualified persons may participate in a non-enrolled status