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[Federal Register Volume 79, Number 94 (Thursday, May 15, 2014)]
[Rules and Regulations]
[Pages 27732-27754]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-11044]

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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 68

[Docket No. DOD-2013-OS-0093]
RIN 0790-AJ06

Voluntary Education Programs

AGENCY: Office of the Under Secretary of Defense for Personnel and 
Readiness, DoD.

ACTION: Final rule.

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SUMMARY: The Department of Defense (DoD) is publishing this final rule 
to implement new policy, responsibilities, and procedures for the 
operation of voluntary education programs within DoD. The new policies 
discussed in the rule include the following: All educational 
institutions providing education programs through the DoD Tuition 
Assistance (TA) Program will provide meaningful information to students 
about the financial cost and attendance at an institution so military 
students can make informed decisions on where to attend school; not use 
unfair, deceptive, and abusive recruiting practices; and provide 
academic and student support services to Service members and their 
families. New criteria are created to strengthen existing procedures 
for access to DoD installations by educational institutions. An annual 
review and notification process is required if there are changes made 
to the uniform semester-hour (or equivalent) TA caps and annual TA 
ceilings. Military Departments will be required to provide their 
Service members with a joint services transcript (JST). The DoD 
Postsecondary Education Complaint System is implemented for Service 
members, spouses, and adult family members to register student 
complaints. The Military Departments are authorized to establish 
Service-specific TA eligibility criteria and management controls. The 
requirement to sign a new DoD Voluntary Education Partnership 
Memorandum of Understanding (MOU) for all participating educational 
institutions will be effective 60 days following the publication of 
this final rule in the Federal Register. Additionally, educational 
institutions with a current DoD Voluntary Education Partnership MOU 
that have initiated their application for Title IV eligibility with the 
Department of Education will have 18 months following the publication 
of this final rule in the Federal Register to successfully meet the 
Title IV requirement. New applicants will be required to meet the Title 
IV requirement before signing a DoD Voluntary Education Partnership 
MOU.

DATES: This rule is effective July 14, 2014.

FOR FURTHER INFORMATION CONTACT: For general information concerning DoD 
Voluntary Education Programs, send a written inquiry to Ms. Dawn 
Bilodeau, at the Office of the Under Secretary of Defense (Personnel & 
Readiness), Military Community & Family Policy, State Liaison and 
Educational Opportunities, 4800 Mark Center Drive, Suite 14E08, 
Alexandria, Virginia 22350-2300 (email: dawn.a.bilodeau.civ@mail.mil).

SUPPLEMENTARY INFORMATION:

Executive Summary

    This final rule implements Voluntary Education Programs for 
Military Service members. This rule includes educational programs that 
enable Service members to earn a degree on their off-duty time. 
Congress has held that men and women serving in the Armed Forces should 
have at least the same opportunity to advance

[[Page 27733]]

academically as do civilians who remain outside the military.
    Funding for Voluntary Education Programs is authorized by law and 
is subject to the availability of funds from each Service. Voluntary 
education programs include tuition assistance (TA) (per 10 U.S.C. 
2007), which is administered uniformly across the Services. Subject to 
appropriations, each Service pays no more than $250.00 per semester-
unit (or equivalent) for tuition. Each Service member participating in 
off-duty, voluntary education is eligible for up to $4,500.00, in 
aggregate, for each fiscal year. TA can only be used for courses 
offered by postsecondary institutions accredited by a national or 
regional accrediting body recognized by the U.S. Department of 
Education.
    A March 2011 Government Accountability Office report on the DoD TA 
program recommended the Department take steps to enhance its oversight 
of schools receiving TA funds (available at http://www.gao.gov/new.items/d11300.pdf). As a result, an updated DoD Memorandum of 
Understanding (MOU) requirement was included in this rule, which is 
designated not only to improve Departmental oversight but also to 
account for our Service members' unique lifestyle requirements. The 
purpose of the DoD Voluntary Education Partnership MOU is to establish 
a partnership between the Department and institutions to improve 
educational opportunities while protecting the integrity of each 
institution's core educational values. This partnership serves to 
ensure a quality, viable program exists that provides an opportunity 
for our Service members to realize their educational goals, while 
allowing for judicious oversight of taxpayer dollars.

Background

    The purpose of voluntary education programs is to provide active 
duty Service members with opportunities to enhance their academic 
achievement which in turn improves job performance and promotion 
potential. A final rule for DoD's Voluntary Education Programs was 
published in the Federal Register on December 6, 2012 (77 FR 72941-
72956). The rule established the new requirement for a standardized 
memorandum of understanding (MOU) between DoD and the Institutions of 
Higher Learning (IHLs) before participating in DoD Voluntary Education 
Programs, such as the military tuition assistance program. As of 
February 3, 2014, 3,241 IHLs with a total of 4,229 sub-campuses have 
signed the DoD Voluntary Education Partnership MOU.
    This new final rule includes requirements stated in the President's 
Executive Order 13607, ``Establishing Principles of Excellence for 
Educational Institutions Servicing Service Members, Veterans, Spouses, 
and Other Family Members'', signed April 27, 2012 (available at http://www.gpo.gov/fdsys/pkg/FR-2012-05-02/pdf/2012-10715.pdf). In 
implementing the E.O., three interagency working groups were 
established (information, compliance, and report), along with an 
aggressive timeline to ensure that the policies take effect as soon as 
possible. The E.O. directed DoD to coordinate with the Departments of 
Veterans Affairs and Education, and in consultation with the Department 
of Justice and the Consumer Financial Protection Bureau, to implement 
and promote compliance with the principles stated in the E.O. Several 
of these principles were covered in the previous 2012 final rule; the 
remaining principles are now included in this final rule. The President 
requested the principles be implemented during school year 2013-2014.
    New provisions in the final rule include:
     All educational institutions providing education programs 
through the DoD Tuition Assistance (TA) Program:
    [cir] Will provide meaningful information to students about the 
financial cost and attendance at an institution so military students 
can make informed decisions on where to attend school.
    [cir] Will not use unfair, deceptive, and abusive recruiting 
practices.
    [cir] Will provide academic and student support services to Service 
members and their families.
     Implementation of rules to strengthen existing procedures 
for access to DoD installations by educational institutions.
     Requirement that DoD conduct an annual review and 
notification process if there are changes made to the uniform semester-
hour (or equivalent) TA caps and annual TA ceilings.
     Requirement that the Military Departments provide their 
Service members with a joint services transcript (JST).
     Implementation of the DoD Postsecondary Education 
Complaint System for Service members, spouses, and adult family members 
to register student complaints.
     Authorization for the Military Departments to establish 
Service-specific TA eligibility criteria and management controls.

Public Comments

    The Department of Defense published a proposed rule in the Federal 
Register (78 FR 49382-49400) on August 14, 2013, for a 45-day public 
comment period. Forty-four (44) public comment submissions were 
received which contained 123 comments that were reviewed and 
considered. The comments were grouped into related subject areas and 
addressed below.
    Comment: Many commenters expressed concerns related to the 
requirement for educational institutions receiving tuition assistance 
to Federal student aid programs through the Department of Education 
under Title IV of the Higher Education Act of 1965. Concerns ranged 
from requests for clarification of Title IV-related requirements to 
removal of this requirement completely. Commenters identified the 
potential for increased tuition costs, increased student debt, and 
restricted education options as reasons for their dissent.
    Response: This final rule is updated to clarify participation in 
Title IV as ``certified to participate'' and ``Title IV certification 
may be provisional so long as the educational institution maintains 
eligibility to participate in the Federal Direct Loan Program.'' We 
appreciate the comments received highlighting the potential impacts of 
instituting this requirement. However, the requirement for Title IV 
participation is part of the Defense Department's quality assurance 
program for higher education that is in direct support of the 
President's Executive Order 13607 and Principles of Excellence. Quality 
assurance includes not only the delivery of quality programs by 
educational institutions, but also the meeting of minimum requirements 
in the areas of financial/fiscal responsibility and administrative 
capability that demonstrate program integrity and the continued support 
for quality. In addition, there is an expectation that educational 
institutions will be participants in federal student aid loan and grant 
programs because the final rule requires them to provide a clear and 
complete explanation of available financial aid and application 
processes, to include Title IV student aid programs. We do recognize 
the application review and approval processes involved in becoming 
Title IV compliant may be lengthy; therefore, we are providing 18 
months following the publication of this final rule in the Federal 
Register for educational institutions to successfully meet the Title IV 
requirement.

[[Page 27734]]

    Comment: Multiple commenters requested clarification of 
requirements surrounding state authorization and/or approval. 
Commenters highlighted the difficulties presented by online education, 
distance education providers, transience of the military, and 
transition from military to civilian life in meeting state compliance 
requirements.
    Response: We appreciate these comments and the final rule is 
amended at Sec.  68(c)(6)(ii) and a new paragraph inserted at Appendix 
A 3(d) to clarify appropriate regulations issued by the Department of 
Education including 34 CFR 600.9, affirm compliance with state 
requirements expected for distance education, require program offerings 
and evaluated educational plans meet credentialing requirements in 
stated career field, and ensure graduates of program will be eligible 
to sit for relevant professional license or certification.
    Comment: Many commenters expressed concern about the implementation 
of a complaint system without involving educational institutions in the 
complaint process. Commenters requested clarification on their 
participation in addressing complaints received, the process for 
resolving complaints, the types of complaints warranting Department 
actions, possible Department actions for legitimate complaints, and the 
protections for the educational institution to include notification and 
the ability to dispute findings.
    Response: We agree and have amended the final rule at Sec.  
68.4(d)(2) to clarify that DoD will work with the educational 
institution to resolve complaints as appropriate. In addition, 
clarification is given for complaints that may elicit further review, 
referrals to other government agencies/regulators and potential 
penalties for recurring, substantive complaints or demonstrating an 
unwillingness to resolve complaints.
    Comment: Many commenters requested clarification surrounding the 
requirement for Third Party Education Assessment. Commenters requested 
clarification on the assessment selection process, the types of 
findings warranting Department actions, and possible Department actions 
for unresolved findings.
    Response: We agree and have amended the final rule at Appendix A 
3(d) to illustrate occurrences that may elicit selection for a Third 
Party Education Assessment, provide potential penalties for 
demonstrating an unwillingness to resolve findings, and notify 
participants to the exchange of Third Party Education Assessment 
findings with other government agencies/regulators.
    Comment: Multiple commenters requested clarification as to what 
``other Federal sources'' would constitute a duplication of benefits 
specifying programs such as GI Bill and Federal Student Aid grants and 
loans.
    Response: We appreciate these suggestions and have amended the 
final rule at Sec.  68.6(a)(11) to specify, ``TA will not be authorized 
for any course for which a Service member receives reimbursement in 
whole or in part from any other Federal source such as Veterans 
Education Benefits (GI Bill and other programs) and Service-funded 
programs (ROTC scholarship, education-related incentive or bonus, and 
advanced civil schooling) when the payment would constitute a 
duplication of benefits paid to that educational institution. Federal 
student aid loan, grant, and work-study programs will not be considered 
a duplication of benefit.''
    Comment: Multiple commenters encouraged DoD to provide more 
flexibility regarding the amount of time between notification and 
implementation of tuition increases as many educational institutions 
are subject to rates set by state legislatures or state higher 
education entities. Clarification was requested on whether the 
notification was required in general or only for tuition increases that 
apply to students already enrolled. In addition, commenters suggested 
it is an intrusion of government into institutional governance to 
require institutions to provide justification for tuition increases 
asking for clarification on the method and timing of notification as 
well as the information required for justification.
    Response: We recognize the timing of tuition change notifications 
affects all sectors of higher education, especially the public sector, 
where state legislatures or state higher education boards set the 
tuition rather than the institution. We also appreciate the suggestion 
that justification may require additional clarification. We have 
amended the final rule at Appendix A 4(f)(4) to replace ``justified/
justification'' with ``explained/explanation'' and add the following 
clarification at Appendix A 4(f)(4)(b): ``To the extent practicable by 
state law or regulation, Service members already enrolled will not be 
impacted.'' We are working to centralize tuition change notification 
process using the existing DoD MOU application flow. Educational 
institutions should continue to notify the Services in accordance with 
Appendix A 4(f)(4) until the centralized process is available.
    Comment: Multiple commenters expressed concern with the removal of 
references to ``fees'' as covered charges by TA funds. Commenters 
indicated that educational institutions follow no universal approach to 
the classification of costs as ``fees'' versus ``tuition.'' Thus, one 
institution may include certain costs in its ``tuition,'' while another 
institution may include those costs as an individual or separate fee. 
In addition, commenters suggested that the payment of tuition may 
penalize military students attending lower cost institutions, given 
costs/fees are often bundled, and discourage students from choosing 
educational institutions with low tuition that charge a variety of 
fees, particularly institutions that do not bundle their charges into a 
consolidated cost.
    Response: We recognize that educational institutions take varied 
approaches when categorizing fees and costs. We have amended the final 
rule at Sec.  68.6(a)(2)(ii)(D) and (E) to promote increased 
transparency by requiring educational institutions that bundle tuition, 
fees, or books into a consolidated cost to detail the charges of fees 
and books separately for Service members participating in the TA 
program. In addition, we provide examples of charges, not directly 
related to course instruction, that are considered fees for the 
purposes of participating in the TA program. Finally, we clarify that 
books not covered by TA funds include traditional book formats such as 
textbooks and reference or instructional materials but also non-
traditional book formats such as ebooks and CDs/DVDs.
    Comment: Some commenters suggested that allowing an educational 
institution to automatically enroll a student in classes removes 
unnecessary bureaucracy from the registration and enrollment process. 
Commenters requested clarification on what constitutes ``automatic 
program renewals, bundling courses or enrollments'' and whether the 
practice is a prohibited or discouraged.
    Response: Educational institutions are asked to refrain from 
automatic program renewals in the final rule--this typically involves 
blocks/groupings of courses and automated, block registrations. We 
amended the final rule at Appendix A 3(k) to state ``each course 
enrollment'' signifying the course-by-course basis of TA approval in 
support of our position that bundling courses for registrations is not 
authorized. This is especially important with the high operational 
tempo of the force.

[[Page 27735]]

    Comment: A few commenters requested clarification of the evaluated 
educational plan requirement to include distinguishing between 
``educational plan'' and ``evaluated educational plan'' definitions and 
clarifying the time requirement for providing a new evaluated 
educational plan when a Service member has a Service education advisor 
approved change of educational goal or major at the educational 
institution. In addition, commenters requested the realignment of the 
paragraph which addresses accreditor approval for new courses or 
programs to a more appropriate section that discusses TA approval or 
eligible courses/programs.
    Response: We amended the final rule at Sec.  68.3 to remove the 
definition for educational plan and enhance the definition for 
evaluated educational plan to include reference to traditional 
educational institution nomenclature for this as a degree audit. In 
addition, we amended the final rule at Appendix A 4(c)(3) to add 
``within 60 days'' clarifying the timeframe for completion of a new 
evaluated education plan due to a Service education advisor approved 
change of educational goal or major at the educational institution. 
Lastly, we moved the paragraph addressing accreditor approval for new 
courses or programs to Appendix A 3(l) in alignment with educational 
institution requirements for TA.
    Comment: Multiple commenters expressed concern with the increased 
minimum grade standard at both the undergraduate and graduate levels. 
Commenters caution that the new minimum grade standards (``C'' for 
undergraduate and ``B'' for graduate) exceed the grade standards 
traditionally accepted as passing at most educational institutions 
(``D'' for undergraduate and ``C'' for graduate) and could potentially 
discourage military students from pursuing their postsecondary 
educational goals. In addition, commenters requested clarification on 
whether the calculation of the minimum grade point average (GPA) 
includes all courses, including those courses for which TA funds were 
not used.
    Response: DoD is intentionally raising the bar regarding minimum 
grade by setting stricter minimum standards for coursework when a 
Service member is using TA funds as part of an overarching strategy to 
improve military student success. Military students are not traditional 
nor are they full-time students given their military duties and 
responsibilities. Historically, industry standard for graduation from 
undergraduate institutions is a minimum 2.0 average or ``C'' and 
maintaining at least a satisfactory GPA can be used to determine one is 
ready to advance to the class or next level. Tuition dollars and 
military student time is both limited and valuable so we want them to 
maintain focus and understanding expectation is critical. We amended 
the final rule at Sec.  68.6(a)(10) to clarify that the GPA 
requirements for continued TA usage relate only to those courses funded 
with TA.
    Comment: Multiple commenters requested clarification on Service-
specific billing and payment requirements. Commenters asked for an 
explanation of the wide area work flow process for invoicing employed 
by both the Navy and Marine Corps. Commenters also expressed concern 
with the Air Force required acceptance of the Government Purchase Card 
and the associated removal of any option for waiver of this requirement 
when an educational institution does not accept credit card as a form 
of payment for tuition. Commenters requested reinstatement of the 
option for waiver.
    Response: We amended the final rule at Appendix D 3(a) and Appendix 
E (2)(c)(3) providing a link (https://www.navycollege.navy.mil/links.aspx) that outlines the wide area workflow process employed by 
both the Navy and Marine Corps. We recognize the fiscal and 
administrative impacts of the educational institution surrounding the 
requirement to accept the Government Purchase Card, however, DoD 
supports the Services implementation of payment procedures that meet 
the specific needs of their Service TA program as they can and do 
differ. We appreciate the suggestion to reinstate the waiver and have 
partially granted this request by amending the final rule at Appendix A 
2(b)(8) to specify, ``Adopt the AI Portal procedures for all payment 
processing. Institutions with a current waiver may continue to 
participate at the discretion of Air Force Voluntary Education 
Branch.''
    Comment: Multiple commenters requested clarification on transcripts 
that document military training and education. In addition, commenters 
representing Veteran & Military Service Organizations advocated for 
additional protections surrounding the award of academic credit for 
military training, education and experiences especially in the areas of 
credit acceptance and transfer disclosures.
    Response: The Services will provide documentation of military 
training and education via the Joint Services Transcript (JST). The 
Community College of the Air Force (CCAF), as a regionally accredited 
educational institution, will issue separate transcripts. We agreed 
with the suggestion to strengthen disclosure statements related to 
credit acceptance and credit transfer and amended the final rule at 
Appendix A 3(n)(1) as follows: ``Disclose its transfer credit policies 
and articulated credit transfer agreements before a Service member's 
enrollment. Disclosure will explain acceptance of credits in transfer 
is determined by the educational institution to which the student 
wishes to transfer and refrain from making unsubstantiated 
representations to students about acceptance of credits in transfer by 
another institution.''
    Comment: Several commenters requested clarification on the minimum 
expectations for and intended recipient(s) of academic and student 
support services (all prospective students versus current military-
related students). Commenters expressed concern that an extension of 
the full suite of academic and student support services to individuals 
not enrolled at the educational institution will likely pose an undue 
hardship on the educational institution in terms of adequate staffing 
and resources to support.
    Response: Although academic and student support services offered to 
the general student population are highly encouraged, this requirement 
is intended to service military-connected students enrolled at the 
educational institution. We amended the final rule at Sec.  
68.4(d)(1)(iii) to clarify that academic and student support services 
specific to the institutions' programs are intended for all 
``enrolled'' Service members, spouses and adult family members.
    Comment: Many commenters requested clarification surrounding the 
requirement to provide meaningful information to students about the 
financial cost and attendance prior to enrollment. Commenters requested 
additional details on what constitutes ``meaningful information'' and 
the expectations for educational institutions to assess and report on 
``understanding'' of the supported tools. In addition, several 
recommendations were provided to better define the supported tools.
    Response: We agree and amended the final rule at Appendix A 3(f) to 
clarify, ``Before enrolling a Service member, provide each prospective 
military student with specific information to locate, explain, and 
properly use the following ED and CFPB tools . . .''. We appreciate the 
suggestions provided to better define the supported tools and amended 
the final rule at Appendix A 3(f)(1-4). In addition, we added The

[[Page 27736]]

College Navigator as a supported tool in anticipation of student 
outcome measures reporting directed in support of the President's 
Executive Order 13607 and Principles of Excellence.
    Comment: Many commenters requested clarification surrounding the 
requirement to return unearned TA funds. Concerns ranged from requests 
for clarification of the base date for calculation purposes (start of 
term date versus course start date) to removal of this requirement 
completely. Commenters identified the misunderstanding of rules as they 
apply to returning Title IV funds, infringing on the rights of the 
educational institution to determine their own refund policy, and 
increased student debt and collections resulting from a difference 
between the Title IV return policy as reasons for their dissent.
    Response: The requirement to align institutional refund policies 
with the refund of unearned student aid rules under Title IV comes 
directly from of language in President's Executive Order 13607. We 
appreciate the numerous suggestions received, intricate explanations 
and examples of associated restrictions, and concerns expressed for 
potential unintended consequences. We agree that the complexities 
involved with this requirement were not fully understood. We 
coordinated an alternative approach to meet the intent of the 
President's Executive Order 13607 language and amended the final rule 
at Appendix A 4(f)(2) requiring the return of unearned TA funds on a 
proportional basis through at least the 60 percent portion of the 
course.
    Comment: Many commenters requested clarification on restrictions 
surrounding the use of lead generators and more details as to what 
constitutes aggressive marketing and misrepresentation. Commenters 
expressed a concern that almost all education institutions use third 
party lead generators and, in some cases, prohibiting them conflicts 
with existing Department of Education rules. Concerns related to 
misrepresentation ranged from requests for the number of unsolicited 
contacts indicative of aggressive marketing to an explanation of what 
constitutes ``unfair, deceptive, and abusive'' practices and whether 
basic program brochures and catalogs fell into this category.
    Response: We amended the final rule at Appendix A 3(j), 
reorganizing the information surrounding ``unfair, deceptive, and 
abusive'' practices to clarify restrictions and provide examples to 
enhance understanding. In addition, we articulate the entities subject 
to these requirements extend beyond traditional employees to agents of 
the educational institution, providing examples such as third party 
lead generators and marketing firms to address parties of particular 
concern to the Department. We also amended the final rule at Sec.  68.3 
to define educational institution agent and this term is incorporated 
throughout the final rule as appropriate. Further, we amended the final 
rule at Sec.  68.6(c)(1) to clarify that certain educational 
institution materials available through the education center are 
permissible and will not be considered personal commercial 
solicitation.
    Comment: Many commenters expressed concerns surrounding educational 
institution access to military installations. Concerns ranged from 
requests for clarification on the types of installation access 
prohibited to an explanation of what constitutes a military 
installation and who may be granted access. Commenters expressed 
concern with the restrictions on third party access as they advocated 
that third parties representing educational institutions should be 
permissible under the auspices of local contract and installation-
specific agreements. Commenters also expressed numerous concerns that 
the restrictions, as written, may have the unintended consequence of 
limiting the opportunity for Service members to achieve their education 
goals.
    Response: We appreciate the many comments received highlighting the 
potential impacts of increased restrictions on educational institution 
access to our military installations. However, the requirement to 
establish new uniform rules and strengthen existing procedures for 
access to military installations by education institutions is in direct 
support of the President's Executive Order 13607 and Principles of 
Excellence. We recognize additional explanation of these requirements 
is needed and amended the final rule at Sec.  68.6(c) and (d) to 
clarify requirements surrounding purpose of access, individuals 
eligible for access, and associated request and reporting procedures. 
In addition, we articulate the entities subject to these requirements 
extend beyond traditional employees to agents of the educational 
institution. Further, we amended the final rule at Sec.  68.3 to define 
DoD installation and this term is incorporated throughout the final 
rule as appropriate.
    Comment: One commenter requested clarification on whether ALL 
institutions must sign the revised DoD MOU within 60 days of posting 
regardless of an existing, signed MOU.
    Response: We affirm that the final rule at Sec.  68.6(a)(16) is 
accurate requiring all educational institution home campuses to sign 
the revised MOU with DoD not earlier than 60 days from final rule 
publication in the Federal Register. We amended the final rule at 
Appendix A (3)(a)(1)(a) to clarify the expiration of the current MOU is 
considered a renewal.
    Comment: One commenter recommended removal of the requirement for 
educational institutions to be accredited by a national or regional 
accrediting body recognized by the Department of Education identifying 
the considerable costs, restricted education options, and alternative 
of State Approving Agency approval as reasons for their dissent.
    Response: The requirement for accreditation is not being removed. 
The accreditation requirement is part of the Defense Department's 
quality assurance program for higher education that is in direct 
support of the President's Executive Order 13607 and Principles of 
Excellence.
    Comment: Multiple commenters requested clarification on reporting 
requirements, student outcome measures, and inclusion of TA funds in 
the 90/10 Rule as reported to Department of Education by educational 
institutions.
    Response: We amended the final rule at Appendix A 4(i) to set a 
timeliness expectation and reflect ``report'' vice ``list,'' better 
enabling the electronic submission to meet this requirement. Comments 
requesting the inclusion of requirements related to student outcome 
measures and the inclusion of TA funds in the 90/10 rule are noted. The 
Department is prepared to incorporate requirements as directed by 
legislation or as deemed appropriate by the Department in support of 
Voluntary Education Programs.
    Comment: One commenter recommended the use of ``educational'' vice 
``academic'' in the terms, associated definitions, and references to 
academic institution and academic institution representative throughout 
the document to promote consistency.
    Response: This comment was accepted and we amended the final rule 
at Sec.  68.3 to utilize educational institution and educational 
institution representative. These terms have likewise been incorporated 
throughout the final rule as appropriate.
    Comment: One commenter highlighted two (2) incorrect references to 
Department of Education regulations.
    Response: This comment was accepted and we amended the final rule

[[Page 27737]]

at Appendix A 3(1)(2) and Appendix A 3(j) to reference the correct 
regulations.

Regulatory Procedures

Executive Order 12866, ``Regulatory Planning and Review'' and Executive 
Order 13563, ``Improving Regulation and Regulatory Review''

    It has been certified that 32 CFR part 68 is an economically 
significant regulatory action. The rule has an annual effect on the 
economy of $100 million or more.
    The rule does not:
    (1) Adversely affect in a material way the economy; a section of 
the economy; productivity; competition; jobs; the environment; public 
health or safety; or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another Agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligations of 
recipients thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
these Executive Orders.
    Funding for Voluntary Education Programs is authorized by law and 
is subject to the availability of funds from each Service. Voluntary 
education programs include tuition assistance (per section 2007 of 
title 10, United States Code), which is administered uniformly across 
the Services. Each Service pays no more than $250.00 per semester-unit 
(or equivalent) for tuition. Each Service member participating in off-
duty, voluntary education is authorized up to $4,500.00, in aggregate, 
for each fiscal year. As per the National Defense Authorization Act 
(NDAA) FY08, each of the Services may also provide TA to activated 
Service members of the Selected Reserves and Individual Ready Reserve. 
Tuition assistance costs for Service members participating in high 
school completion and accredited undergraduate or graduate education 
programs totaled approximately $562 million in FY11, $568 million in 
FY12 and $540 million in FY13. During FY11, 325,324 Service members 
received TA for 866,788 courses. During FY12, 286,665 Service members 
received TA for 874,094 courses and in FY13, 277,872 Service members 
received TA for 827,176 courses. A total of 45,220 degrees/diplomas/
certificates were earned in FY11, 50,497 in FY12 and 55,792 in FY13. 
Operational costs totaled approximately $102 million in FY11, $92 
million in FY12, and $84 million in FY13. Operational costs for DoD 
Voluntary Education Programs include such items as salaries, TDY, 
training, supplies, and equipment.
    Funding for the new E.O. 13607 requirement to establish a DoD 
complaint system for students receiving Federal military educational 
benefits, such as military tuition assistance, included approximately 
$13,500 for the estimated labor cost to DoD and approximately $400,000 
to build the system.

Congressional Review Act, 5 U.S.C. 801

    We estimate that this rulemaking is ``economically significant'' as 
measured by the $100 million threshold and, hence, also a major rule 
under the Congressional Review Act. Accordingly, we have prepared a 
regulatory impact analysis that, to the best of our ability, presents 
the costs and benefits of the rulemaking.

Sec. 202, Pub. L. 104-4, ``Unfunded Mandates Reform Act''

    It has been certified that 32 CFR part 68 does not contain a 
Federal mandate that may result in expenditure by State, local and 
tribal governments, in aggregate, or by the private sector, of $100 
million or more in any one year.

Public Law 9Sec.  6-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)

    It has been certified that 32 CFR part 68 is not subject to the 
Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if 
promulgated, have a significant economic impact on a substantial number 
of small entities. The rule updates policy and procedures for the 
voluntary education programs within DoD for Service members and their 
adult eligible family members. Guidance on voluntary education programs 
is available through the Education Centers located on DoD 
installations.

Public Law 96-511, ``Paperwork Reduction Act''

    It has been certified that 32 CFR part 68 does impose reporting or 
recordkeeping requirements under the Paperwork Reduction Act of 1995. 
The requirements for the new student complaint system were approved by 
the Office of Management and Budget and assigned OMB Control Number 
0704-0501, ``Postsecondary Education Complaint Intake System.''

Executive Order 13132, ``Federalism''

    It has been certified that 32 CFR part 68 does not have federalism 
implications, as set forth in Executive Order 13132. This rule does not 
have substantial direct effects on:
    (1) The States;
    (2) The relationship between the National Government and the 
States; or
    (3) The distribution of power and responsibilities among the 
various levels of Government.

List of Subjects in 32 CFR Part 68

    Adult education, Armed forces, Colleges and universities, 
Education, Educational study programs, Government contracts, Military 
personnel, Student aid.

    Accordingly, 32 CFR part 68 is revised to read as follows:

PART 68--VOLUNTARY EDUCATION PROGRAMS

Sec.
68.1 Purpose.
68.2 Applicability.
68.3 Definitions.
68.4 Policy.
68.5 Responsibilities.
68.6 Procedures.
Appendix A to Part 68--DoD Voluntary Education Partnership 
Memorandum of Understanding (MOU) Between DoD Office of the Under 
Secretary of Defense for Personnel and Readiness (USD(P&R)) and 
[Name of Educational Institution]
Appendix B to Part 68--Addendum for Education Services Between [Name 
of Educational Institution] and the U.S. Air Force (USAF)
Appendix C to Part 68--Addendum for Education Services between [Name 
of Educational Institution] and the U.S. Army
Appendix D to Part 68--Addendum for Education Services between [Name 
of Educational Institution] and the U.S. Marine Corps
Appendix E to Part 68--Addendum for Education Services between [Name 
of Educational Institution] and the U.S. Navy

    Authority:  10 U.S.C. 2005, 2007.

Sec.  68.1  Purpose.

    This part:
    (a) Implements policy, assigns responsibilities, and prescribes 
procedures for the operation of voluntary education programs in the 
DoD.
    (b) Establishes policy stating the eligibility criteria for tuition 
assistance (TA) and the requirement for a memorandum of understanding 
(MOU) from all educational institutions providing educational programs 
through the DoD TA Program.
    (c) Establishes policy that:
    (1) All educational institutions providing education programs 
through the DoD Tuition Assistance (TA) Program:
    (i) Will provide meaningful information to students about the 
financial cost and attendance at an

[[Page 27738]]

institution so military students can make informed decisions on where 
to attend school.
    (ii) Will not use unfair, deceptive, and abusive recruiting 
practices.
    (iii) Will provide academic and student support services to Service 
members and their families.
    (2) Creates rules to strengthen existing procedures for access to 
DoD installations by educational institutions.
    (3) Requires an annual review and notification process of uniform 
semester-hour (or equivalent) TA caps and annual TA ceilings.
    (4) Requires the Military Departments to provide their Service 
members with a joint services transcript (JST).
    (5) Implements the DoD Postsecondary Education Complaint System for 
Service members, spouses, and adult family members to register student 
complaints.
    (6) Authorizes the Military Departments to establish Service-
specific TA eligibility criteria and management controls.
    (d) Establishes the Interservice Voluntary Education Board.

Sec.  68.2  Applicability.

    This part applies to the Office of the Secretary of Defense, the 
Military Departments, the Office of the Chairman of the Joint Chiefs of 
Staff and the Joint Staff, the Combatant Commands, the Office of the 
Inspector General of the DoD, the Defense Agencies, the DoD Field 
Activities, and all other organizational entities within the DoD 
(referred to collectively in this part as the ``DoD Components'').

Sec.  68.3  Definitions.

    The following terms and their definitions are for the purpose of 
this part:
    Academic. Relating to education, educational studies, an 
educational institution, or the educational system.
    Academic skills. Competencies in English, reading, writing, 
speaking, mathematics, and computer skills that are essential to 
successful job performance and new learning. Also referred to as 
functional or basic skills.
    Active Guard and Reserve (AGR). National Guard or Reserve members 
of the Selected Reserve (SELRES) who are ordered to active duty or 
full-time National Guard duty for a period of 180 consecutive days or 
more for the purpose of organizing, administering, recruiting, 
instructing, or training the Reserve Component (RC) units or duties as 
prescribed in 10 U.S.C. 12310. All AGR members must be assigned against 
an authorized mobilization position in the unit they support. (Includes 
Navy full-time support (FTS), Marine Corps Active Reserve (ARs), and 
Coast Guard Reserve Personnel Administrators (RPAs)).
    American Council on Education (ACE). The major coordinating body 
for all of the Nation's higher education institutions. Seeks to provide 
leadership and a unifying voice on key higher education issues and 
publishes the ``Guide to the Evaluation of Educational Experiences in 
the Armed Services.''
    Annual TA Ceiling. The maximum dollar amount authorized for each 
Service member for TA per fiscal year. Each Service member 
participating in off-duty voluntary education programs will be entitled 
to the full amount authorized each fiscal year in accordance with DoD 
policy.
    Army/American Council on Education Registry Transcript System. A 
document sent directly from the Army American Council on Education 
Registry Transcript System Center to the educational institution to 
articulate a soldier's military experience and training and the 
American Council on Education-recommended college credit for this 
training and experience. The JST consolidates data from the legacy 
Army/ACE Registry Transcript System.
    Degree requirements. A document provided by the educational 
institution that outlines required courses and conditions to complete 
an educational program. The document presents the general education, 
major-related, and elective course requirements, degree competencies 
(e.g., foreign language, computer literacy), and other requirements 
(e.g., examination, thesis, dissertation, practicum, grade point 
average, credits by course level, or academic residency) for the 
specified program of study. This document becomes the basis for the 
evaluated educational plan.
    DoD Installation. For the purposes of this Instruction, any active 
duty military, Reserve or National Guard owned, leased, or operated 
base, reservation, post, site, camp, building, or other facility to 
which DoD personnel are assigned for duty.
    Education advisor. A professionally qualified, subject matter 
expert or program manager in the Education Services Series 1740 or 
possessing equivalent qualifications at the education center. The 
following position titles may also be used for an education advisor: 
Education Services Specialist, Education Services Officer (ESO), 
Voluntary Education Director, Navy College Office Director, and 
Education and Training Section (ETS) Chief.
    Education center. A DoD installation facility, including office 
space, classrooms, laboratories, or other features, that is staffed 
with professionally qualified personnel and to conduct voluntary 
education programs. This may be located at an active duty military 
installation, Reserve and National Guard facility (state readiness 
center, armory, unit, etc.), or recruiting center (leased space inside 
a shopping mall or office building). For Navy, this is termed the 
``Navy College Office.''
    Educational institution. A college, university, or other 
institution of higher education. For the purposes of this Instruction, 
the parent/home/main campus and any sub-campuses included in the signed 
MOU with DoD.
    Educational institution agent. A lawful agent of the educational 
institution is limited to persons who have written authorization to act 
on behalf of the educational institutions.
    Educational institution representative. An employee of the 
educational institution.
    Eligible adult family member. The adult family member, over the age 
of 18, of an active duty, Reserve, National Guardsman, or DoD civilian 
with a valid DoD identification card.
    Evaluated educational plan. An individualized official academic 
document provided by the educational institution that:
    (1) Articulates all degree requirements for degree completion or in 
the case of a non-degree program, all educational requirements for 
completion of the program;
    (2) Identifies all courses required for graduation in the 
individual's intended academic discipline and level of postsecondary 
study; and
    (3) Includes an evaluation of all successfully completed prior 
coursework, and evaluated credit for military training and experience, 
and other credit sources applied to the institutional degree 
requirements. At a minimum, the evaluated educational plan will 
identify required courses and where appropriate, College Level 
Examination Program, DSST (formerly known as the DANTES Subject 
Standardized Tests) Program, and potential American Council on 
Education recommended college credits for training and experiences. For 
participating SOC Degree Network System institutions, the SOC Degree 
Network System Student Agreement serves as this evaluated educational 
plan. For some educational institutions this may be termed a degree 
audit.
    Individual Ready Reserve (IRR). A manpower pool consisting 
principally

[[Page 27739]]

of individuals who have had training, have previously served in the 
Active Component or in the SELRES, and have some period of their 
military service obligation or other contractual obligation remaining. 
Some individuals volunteer to remain in the IRR beyond their military 
service or contractual obligation and participate in programs providing 
a variety of professional assignments and opportunities for earning 
retirement points and military benefits.
    Joint services transcript (JST). An official education transcript 
tool for documenting the recommended ACE college credits for a variety 
of professional military education, training courses, and occupational 
experience of Service members across the Services. The JST consolidates 
data from legacy documents such as the Army/ACE Registry Transcript 
System, the Sailor/Marine ACE Registry Transcript System, the Community 
College of the Air Force transcript, and the Coast Guard Institute 
transcript.
    Needs assessment. A process used to determine the staffing 
requirements, course offerings, size of facilities, funding, or other 
standards for delivery of educational programs.
    Off-duty. Time when the Service member is not scheduled to perform 
official duties.
    Ready Reserve. Composed of military members of the Reserve and 
National Guard, organized in units or as individuals, or both, and 
liable for involuntary order to active duty in time of war or national 
emergency pursuant to 10 U.S.C. 12310 and 12301 and 14 U.S.C. 712 in 
the case of members of the Coast Guard Reserve. The Ready Reserve 
consists of the SELRES, the IRR, and the Inactive National Guard.
    Sailor/Marine American Council on Education Registry Transcript 
System. A document sent directly from the Sailor/Marine ACE Registry 
Transcript System Operations Center to the educational institution to 
articulate a Sailor's or Marine's military experience and training and 
the American Council on Education recommended college credit for this 
training and experience. The JST consolidates data from the legacy 
Sailor/Marine ACE Registry Transcript System.
    Semester-hour TA cap. The maximum dollar amount authorized for TA 
per semester-hour (or equivalent) credit. A Service will pay no more 
than the established DoD cap per semester-unit (or equivalent) for 
tuition.
    Servicemembers Opportunity Colleges (SOC). A consortium of over 
1,800 colleges and universities, created in 1972 that seeks to enhance 
the educational opportunities to Service members who may have 
difficulty in completing college programs due to frequent military 
moves.
    Third Party Education Assessment. A third-party evaluation of 
voluntary education programs covered by the DoD Voluntary Education 
Partnership MOU.
    Top-Up. An option, under the Montgomery G.I. Bill and the Post-9/11 
G.I. Bill, that enables active duty Service members and certain 
Reservists to receive from the VA those tuition costs that exceed or 
are not authorized in the amount of TA provided to the Service member 
by his or her Service. Entitlement is charged differently depending on 
which G.I. Bill program a Service member uses. The Montgomery G.I. Bill 
entitlement is charged based on the dollar amount of benefits VA pays 
to the individual. The Service member will be charged one month of 
entitlement for each payment received that is equal to the full-time 
monthly rate for the Montgomery G.I. Bill. The Post-9/11 entitlement is 
charged based on the enrolled amount of time and the individual's rate 
of pursuit during the period of enrollment. If a Service member is 
attending classes part-time or at the 1/2 time level, the charge is 1/2 
month of Post-9/11 G.I. Bill benefits for each month enrolled and 
receiving G.I. Bill benefits.
    Troops-to-Teachers program (TTT). A DoD program to assist 
transitioning Service members and veterans in meeting the requirements 
necessary to become a teacher and facilitating their subsequent 
employment.
    Tuition assistance (TA). Funds provided by the Military Services or 
U.S. Coast Guard to pay a percentage of the charges of an educational 
institution for the tuition of an active duty, Reserve or National 
Guard member of the Military Services, or Coast Guard member, enrolled 
in approved courses of study during off-duty time.
    Voluntary education programs. Continuing, adult, or postsecondary 
education programs of study that Service members elect to participate 
in during their off-duty time, and that are available to other members 
of the military community.

Sec.  68.4  Policy.

    It is DoD policy, consistent with DoD Directive 1322.08E, 
``Voluntary Education Programs for Military Personnel'' (available at 
http://www.dtic.mil/whs/directives/corres/pdf/132208p.pdf), that:
    (a) Members of the Military Services serving on active duty and 
members of the Selected Reserve (SELRES) will be afforded the 
opportunity to complete their high school education through a state-
funded or Service component sponsored program; earn an equivalency 
diploma, improve their academic skills or level of literacy, enroll in 
career and technical education schools, receive college credit for 
military training and experience in accordance with the American 
Council on Education (ACE) Guide to the Evaluation of Educational 
Experiences in the Armed Services (available at http://www.acenet.edu/news-room/Pages/Military-Guide-Online.aspx), take tests to earn college 
credit, and enroll in postsecondary education programs that lead to 
industry-recognized credentials, and undergraduate and graduate 
degrees.
    (b) Service members' costs to participate in the DoD Voluntary 
Education Program as authorized by 10 U.S.C. 2007, will be reduced 
through financial support, including TA that is administered uniformly 
across the Military Services. On an annual basis and no later than the 
end of the second quarter of the fiscal year, the Under Secretary of 
Defense for Personnel and Readiness (USD(P&R)), in coordination with 
the Military Departments, will review the uniform semester-hour (or 
equivalent) TA caps and annual TA ceilings to determine possible 
changes for the upcoming fiscal year. If there are any changes in the 
uniform semester-hour (or equivalent) caps and annual TA ceilings, a 
memorandum will be released from the USD(P&R), in coordination with the 
Military Departments, and a corresponding notice will be published in 
the Federal Register.
    (c) Professional education counseling will be readily available and 
easy to access so that Service members can make informed decisions 
concerning available educational opportunities and benefits. Education 
counseling will be provided by qualified professional (Education 
Services Series 1740 or an individual with equivalent qualifications) 
in sufficient numbers to operate voluntary education programs as 
determined by individual Service standards.
    (d) In accordance with Executive Order (E.O.) 13607:
    (1) Educational institutions receiving funding from federal 
military educational benefits programs, such as the DoD TA Program, 
will:
    (i) Provide meaningful information to students on the financial 
cost and attendance at an educational institution so military students 
can make informed decisions on where to attend school as stated in 
section 3 of Appendix A.
    (ii) Prevent unfair, deceptive, and abusive recruiting practices 
that target Service members as defined by the

[[Page 27740]]

Dodd-Frank Wall Street Reform and Consumer Protection Act and as stated 
in section 3 of Appendix A.
    (iii) Provide academic and student support services specific to the 
institutions' programs to all enrolled Service members, spouses and 
adult family members.
    (2) DoD will implement a centralized online complaint system for 
Service members, spouses, and adult family members that will register, 
track, and respond to student complaints. DoD or the assigned Military 
Service will work with educational institutions to resolve any filed 
complaints. Educational institutions having recurring, substantive 
complaints or demonstrating an unwillingness to resolve complaints may 
face a range of penalties from a directed Third Party Education 
Assessment to revocation of the DoD Voluntary Education Partnership MOU 
and removal from participation in the DoD TA Program. As appropriate, 
DoD will refer student complaints to other government agencies/
regulators including but not limited to the Federal Trade Commission 
(FTC), Department of Justice (DOJ), Consumer Financial Protection 
Bureau (CFPB), Department of Veterans Affairs (VA), and Department of 
Education (ED).
    (e) Educational institutions accredited by a national or regional 
accrediting agency recognized by ED will be encouraged to provide 
degree programs on DoD installations and the Military Services will 
facilitate their operations on the DoD installations referred to in 
Sec.  68.6(c).
    (f) To the extent that space is otherwise available, eligible adult 
family members of Service members, DoD civilian employees and their 
eligible adult family members, and military retirees may enroll in 
postsecondary education programs offered on a DoD installation at no 
cost to the individual Service TA programs.

Sec.  68.5  Responsibilities.

    (a) The USD(P&R) will:
    (1) Monitor implementation of and ensure compliance with this part 
and DoD Directive 1322.08E.
    (2) Establish rates of TA and ensure uniformity across the Military 
Services as required by DoD Directive 1322.08E and this part. The 
uniform semester-hour (or equivalent) TA caps and annual TA ceilings 
will be reviewed annually and if changed, a memorandum from the 
USD(P&R) will be released following coordination with each of the 
Military Departments. Additionally, if the uniform TA rates are 
changed, a notice will be published in the Federal Register at 
approximately the start of the fiscal year.
    (3) Establish, under the provisions of DoD Instruction 5105.18, 
``DoD Intergovernmental and Intragovernmental Committee Management 
Program'' (available at http://www.dtic.mil/whs/directives/corres/pdf/510518p.pdf), the Interservice Voluntary Education Board, which will be 
composed of full-time or permanent part-time federal employees.
    (4) Maintain a program to assess the effectiveness of the voluntary 
education programs.
    (5) Issue written supplemental guidance annually for the funding 
and operation of the Defense Activity for Non-Traditional Education 
Support (DANTES) for those items not reflected in paragraph (f) of 
Sec.  68.6.
    (b) The Assistant Secretary of Defense for Readiness and Force 
Management (ASD(R&FM)), under the authority, direction, and control of 
the USD(P&R) will:
    (1) Provide administrative assistance to the Deputy Assistant 
Secretary of Defense for Military Community and Family Policy 
(DASD(MCFP)), in support of the voluntary education programs.
    (2) Respond to matters that are referred by the DASD(MCFP).
    (c) The DASD(MCFP), under the authority, direction, and control of 
the ASD(R&FM), will:
    (1) Monitor compliance with this part and DoD Directive 1322.08E 
and related issuances by personnel under his or her authority, 
direction, and control.
    (2) Oversee the DoD Voluntary Education Program.
    (3) Provide ongoing and routine clarifying guidance for the DoD 
Voluntary Education Program.
    (4) Provide representatives to professional education and cross-
agency panels addressing issues impacting the DoD Voluntary Education 
Program, its regulatory scope, clientele, and partners.
    (5) Designate the Voluntary Education Chief within the Office of 
the DASD(MCFP) as the Chair of the Interservice Voluntary Education 
Board and oversee implementation of Board and DANTES procedures as 
detailed in Sec.  68.6 of this part.
    (6) Oversee the DoD Postsecondary Education Complaint System 
through which Service members, spouses, and adult family members 
receiving federal military and veterans educational benefits can 
register on-line complaints that will be tracked and responded to by 
DoD, VA, ED, CFPB, DOJ, FTC, and other relevant agencies. The DoD 
Postsecondary Education Complaint System is web-based and accessible 
on-line at https://afaems.langley.af.mil/pecs/DoDPECS. This complaint 
system contains the uniform procedures for the processing of the 
complaint intake (DD Form 2961, ``DoD Postsecondary Education Complaint 
Intake'').
    (7) Oversee the Third-Party Education Assessment, which is a third 
party review process to assess the quality, delivery, and coordination 
of the voluntary education programs provided to military personnel on 
the DoD installation, in the community, and via distance learning (DL). 
It assists in improving the quality of the delivery of these programs 
through recommendation to educational institutions, DoD installations, 
and the Military Services. DASD(MCFP) will monitor actions:
    (i) By the Military Services to resolve recommendations for 
improvement identified on the respective Military Service's 
installation during the Third Party Education Assessment.
    (ii) By the DoD Voluntary Education Chief to resolve 
recommendations for improvement concerning educational institutions 
operating off the DoD installation or via DL identified during Third 
Party Education Assessments. These educational institutions will 
provide corrective actions taken within 6 months of the assessment to 
the DoD Voluntary Education Chief. In instances when the issue cannot 
be resolved within the 6 month timeframe, the educational institution 
will submit a status report every 3 months to the DoD Voluntary 
Education Chief until the recommendation is resolved.
    (8) Prepare written supplemental guidance annually for the USD(P&R) 
regarding the funding and operation of DANTES for those items not 
reflected in paragraph (f) of Sec.  68.6.
    (9) Oversee the policy of the JST.
    (d) The Assistant Secretary of Defense for Reserve Affairs 
(ASD(RA)), under the authority, direction, and control of the USD(P&R), 
will:
    (1) Monitor compliance with this part and DoD Directive 1322.08E 
and related issuances by personnel under his or her authority, 
direction, and control.
    (2) Appoint a representative to serve on the Interservice Voluntary 
Education Board.
    (3) Arrange the assignment of, on a rotating basis, a field grade 
officer, to serve as the RC Advisor to the Voluntary Education Chief 
and a representative on the Interservice Voluntary Education Board.
    (e) The Secretaries of the Military Departments will:
    (1) Monitor compliance with this part and DoD Directive 1322.08E 
and related issuances by personnel under their

[[Page 27741]]

respective authority, direction, and control.
    (2) Establish, maintain, coordinate, and operate voluntary 
education programs that encompass a broad range of educational 
experiences including, but not limited to, academic skills development, 
high school completion programs, vocational programs, career and 
technical programs, and programs leading to the award of undergraduate 
and graduate degrees.
    (3) Require that sufficient funding is available to provide Service 
members with TA support consistent with the requirements in Sec.  68.6 
and appendices A, B, C, D, and E to this part.
    (4) Require that educational counseling is available to Service 
members so they will have sufficient information and guidance to plan 
an appropriate program of study. Educational counseling will be 
provided by qualified professional (Education Services Series 1740 or 
an individual with equivalent qualifications) individuals.
    (5) Require that voluntary education programs participate in the 
DoD-established third-party review process titled the Third Party 
Education Assessment.
    (i) Within 6 months of the Third Party Education Assessment on 
their installation, the responsible Military Service will resolve 
recommendations received as a result of the assessment and provide the 
resolutions to the DoD Voluntary Education Chief. In instances when the 
issue cannot be resolved within the 6 month timeframe, the Military 
Service will submit a status report every 3 months to the DoD Voluntary 
Education Chief until the recommendation is resolved.
    (ii) If the recommendation(s) requires involvement of an 
educational institution operating on their respective installation, the 
Military Service will coordinate the submission of corrective actions 
taken by the educational institution(s) through the appropriate 
Education Advisor, and forward the submission through their respective 
Military Service leadership to the DoD Voluntary Education Chief.
    (iii) Waivers to the Third Party Education Assessment must be 
submitted to and approved by the DoD Voluntary Education Chief.
    (6) Provide one representative to serve on the Interservice 
Voluntary Education Board responsible for their Services' voluntary 
education policy from each of the following Military Services: Army, 
Navy, Air Force, and Marine Corps. Each Service representative's 
membership will be on a permanent basis and changed only when their 
voluntary education policy position is changed.
    (7) Assign, on a rotating basis, a senior enlisted Service member 
in the military pay grade E-9 to serve as the DANTES enlisted advisor.
    (8) Assign, on a rotating basis, a field-grade officer to serve as 
the DANTES RC advisor.
    (9) Require that military test control officers and test centers 
comply with the guidance and procedures published in the DANTES 
Examination Program Handbook, available at http://www.dantes.doded.mil/Programs/Docs/DEPH_part1.pdf.
    (10) Require that personnel who provide counseling, advice, and 
program management related to voluntary education programs have access 
to the DoD Voluntary Education homepage and other Web sites so they can 
provide current and accurate information to Service members.
    (11) Provide opportunities for Service members to access the 
Internet, where available, to enroll in and complete postsecondary 
courses that are part of their evaluated educational plan leading to an 
educational goal.
    (12) Submit requested quarterly and annual information for the 
Voluntary Education Management Information System (VEMIS) by the 20th 
day of the month after the end of each fiscal quarter for the quarterly 
reports and November 15th each year for the annual report. Reporting 
information includes, but is not limited to, voluntary education 
program data on enrollments, participation, and costs.
    (13) Respond to and resolve Service-specific student complaints 
received and managed through the DoD Postsecondary Education Complaint 
System.
    (14) Provide Service members with a JST. At a minimum, the JST will 
include documented military student data, courses, and military 
occupations evaluated by ACE, including descriptions, learning 
outcomes, and equivalent college credit recommendations, as well as 
national college-level exam results. The U.S. Air Force (USAF) will 
continue to use the Community College of the Air Force (CCAF) to 
document its members' academic and military credit.
    (f) Secretary of the Navy. The Secretary of the Navy, as the DoD 
Executive Agent (DoD EA) for DANTES pursuant to DoD Directive 1322.08E 
and DoD Directive 5101.1, ``DoD Executive Agent'' (available at http://www.dtic.mil/whs/directives/corres/pdf/510101p.pdf), and in addition to 
the responsibilities in this section, will:
    (1) Transmit supplemental annual guidance issued by the USD(P&R) to 
DANTES for those items not reflected in paragraph (f) of Sec.  68.6.
    (2) Require that the Director, DANTES, provide updates on DANTES 
plans, operations, and activities to the USD(P&R).
    (3) Through its civilian personnel system, advertise the position 
of Director, DANTES, when the position is vacated and appoint the 
Director, DANTES, in accordance with the procedures outlined in Sec.  
68.6.

Sec.  68.6  Procedures.

    (a) TA for Service members participating in education programs. (1) 
TA will be available for Service members participating in high school 
completion and approved courses from accredited undergraduate or 
graduate education programs or educational institutions. Approved 
courses are those that are part of an identified course of study 
leading to a postsecondary certificate or degree and non-degree 
oriented language courses integral to the Defense Language 
Transformation Roadmap (available at http://www.defense.gov/news/Mar2005/d20050330roadmap.pdf).
    (i) Use of TA for non-degree oriented language courses is limited 
to those published by the Under Secretary of Defense (P&R) on the DoD 
Strategic Language List.
    (ii) Dominant-in-the-force languages and languages deemed by DoD as 
already having sufficient strategic capacity will not be funded under 
10 U.S.C. 2007, except for assignments outside the continental United 
States.
    (2) TA will be applied as follows:
    (i) For 100 percent of the cost of approved high school completion 
programs for Service members who have not been awarded a high school or 
equivalency diploma and who are enrolled in such programs.
    (ii) In support of the voluntary education of active duty Service 
members during their off-duty periods, each Military Service will pay 
all or a portion, as specified in paragraphs (a)(2)(ii)(A) through (F) 
of this section, of the charges of an educational institution for 
education during the member's off-duty periods. TA funding will only be 
paid to educational institutions accredited by an accrediting 
organization recognized by ED, approved VA funding, and certified to 
participate in federal student aid programs through the ED under Title 
IV of Public Law 89-329, also known and referred to in this part as the 
Higher Education Act of 1965. Whenever ED withdraws the recognition of 
any

[[Page 27742]]

accrediting agency, an institution of higher education that meets the 
requirements of accreditation, eligibility, and certification on the 
day before such withdrawal, may, notwithstanding the withdrawal, 
continue to participate in the TA program for a period not to exceed 18 
months from the date of the withdrawal of recognition.
    (A) When an educational institution's charges are equal to or less 
than the established cap per semester-hour of credit or its equivalent, 
the responsible Service will pay the entire amount charged by the 
educational institution. In computing credit equivalency, the following 
conversions will apply: 1 quarter-hour credit = 2/3 semester-hour 
credit; and 45 contact hours will be considered equivalent to 1 
semester-hour credit when neither semester- nor quarter-hours are 
specified for the education for which the Service member is enrolled.
    (B) When an educational institution's charges exceed the 
established cap per semester-hour of credit, or its equivalent, the 
responsible Service, will pay no more than the established cap per 
semester-unit (or equivalent) for tuition.
    (C) Each Service member participating in off-duty, voluntary 
education will be allowed no more than the established annual ceiling, 
in aggregate, for each fiscal year.
    (D) Covered charges include those that are submitted to the Service 
by the educational institution for tuition only. Educational 
institutions that bundle tuition, fees, or books into a consolidated 
cost must detail the charges of fees and books separately for Service 
members participating in the TA program. Fees include any charge not 
directly related to course instruction including but not limited to 
costs associated with room, board, distance learning, equipment, 
supplies, books/materials, exams, insurance, parking, transportation, 
admissions, registration, or fines.
    (E) TA funds are not to be used for the purchase of books to 
include textbooks, ebooks, CDs/DVDs, or reference or instructional 
materials. Additionally, institutional education revenue generated from 
military TA funds cannot be used to support textbook grants or 
scholarships.
    (F) To be eligible to receive TA, a Service member must meet the 
minimum requirement of successfully completing basic training. RC 
members are exempt from the requirement to first attend basic training 
before authorized to receive TA. Additional, respective Service 
requirements must be met to include training qualification, unit 
assignment, and time in service criteria.
    (iii) The TA rate, credit-cap, and annual per capita ceiling, will 
be reviewed annually in consideration of inflation and other effects, 
and will be applicable uniformly whether instruction is delivered 
traditionally in-the-classroom or through distance education. Rates of 
TA other than as identified in paragraphs (a)(2)(ii)(A) through (F) of 
this section are not authorized.
    (3) Service-specific TA eligibility requirements. (i) Service-
specific eligibility criteria and management controls are determined by 
each Military Service.
    (ii) Service-specific TA eligibility criteria and management 
controls may include, but are not limited to, applying TA:
    (A) For courses leading to a certificate or required for a 
credentialing program. All payments for courses must comply with the 
allowable caps and ceilings.
    (B) For graduate studies through the master's degree level. All 
payments for courses must comply with the allowable caps and ceilings.
    (C) For same level degrees, subject to the availability of funds. 
However, TA is primarily intended to raise the academic degree level of 
the Service member.
    (4) TA is available to a commissioned officer on active duty, other 
than an officer serving in the Ready Reserves (addressed in paragraphs 
(a)(5)(i) and (a)(6)(i) of this section), only if the officer agrees to 
remain on active duty, for a period of at least 2 years after the 
completion of the education or training for which TA was paid (see 10 
U.S.C. 2007).
    (5) The Secretary of the Military Department concerned may only 
make TA available to a member of the SELRES, pursuant to 10 U.S.C. 
2007, under the following conditions:
    (i) In the case of a commissioned officer, the officer must agree 
to remain a member of the SELRES for at least 4 years after completion 
of the education or training for which TA is paid.
    (ii) In the case of an enlisted member, the Secretary concerned may 
require the member of the SELRES to enter into an agreement to remain a 
member of the SELRES for up to 4 years after completion of the 
education or training for which TA is paid.
    (6) The Secretary of the Military Department concerned may only 
make TA available to a member of the IRR who has a military 
occupational specialty designated by the Secretary concerned pursuant 
to 10 U.S.C. 2007 and only under the following conditions:
    (i) In the case of a commissioned officer, the officer must agree 
to remain a member of the SELRES or IRR for at least 4 years after 
completion of the education or training for which TA was paid.
    (ii) In the case of an enlisted member, the Secretary concerned may 
require the member of the IRR to enter into an agreement to remain a 
member of the IRR for up to 4 years after completion of the education 
or training for which TA is paid.
    (7) Members performing Active Guard and Reserve (AGR) duty under 
either 10 U.S.C. 12310 or active duty under 14 U.S.C. 712 are eligible 
for TA under paragraph (a)(4) of this section.
    (8) The Secretary of the Military Department concerned may make TA 
available to National Guard members in accordance with paragraph 
(a)(4), except for National Guard members assigned to the Inactive 
National Guard.
    (9) Reimbursement and repayment requirements:
    (i) If a commissioned officer or member of the RR does not fulfill 
a specified Service obligation as required by 10 U.S.C. 2007, they are 
subject to the repayment provisions of 37 U.S.C. 303a(e).
    (ii) For other conditions pursuant to 10 U.S.C. 2005, the Secretary 
concerned may require a Service member to enter into a written 
agreement when providing advanced education assistance. If the Service 
member does not fulfill any terms or conditions as prescribed by the 
Secretary concerned, the Service member will be subject to the 
repayment provisions of 37 U.S.C. 303a(e).
    (iii) Pursuant to 37 U.S.C. 303a(e), the Secretary concerned may 
establish procedures for determining the amount of the repayment 
required from the Service member and the circumstances under which an 
exception to the required repayment may be granted.
    (iv) Reimbursement will be required from the Service member if a 
successful course completion is not obtained. For the purpose of 
reimbursement, a successful course completion is defined as a grade of 
``C'' or higher for undergraduate courses, a ``B'' or higher for 
graduate courses and a ``Pass'' for ``Pass/Fail'' grades. Reimbursement 
will also be required from the Service member if he or she fails to 
make up a grade of ``I'' for incomplete within the time limits 
stipulated by the educational institution or 6 months after the 
completion of the class, whichever comes first. The Secretary of the 
Military Department will establish

[[Page 27743]]

recoupment processes for unsuccessful completion of courses.
    (10) Students using TA must maintain a cumulative grade point 
average (GPA) of 2.0 or higher after completing 15 semester hours, or 
equivalent, in undergraduate studies, or a GPA of 3.0 or higher after 
completing 6 semester hours, or equivalent, in graduate studies, on a 
4.0 grading scale. If the GPA for TA funded courses falls below these 
minimum GPA limits, TA will not be authorized and Service members will 
use alternative funding (such as financial aid or personal funds) to 
enroll in courses to raise the cumulative GPA to 2.0 for undergraduate 
studies or 3.0 for graduate studies.
    (11) TA will not be authorized for any course for which a Service 
member receives reimbursement in whole or in part from any other 
Federal source such as veterans' education benefits (GI Bill and other 
programs) and Service-funded programs (ROTC scholarship, education-
related incentive or bonus, and advanced civil schooling) when the 
payment would constitute a duplication of benefits paid to that 
educational institution. Federal student aid loan, grant, and work-
study programs will not be considered a duplication of benefit. 
Educational institutions have the responsibility to notify the Service 
if there is any duplication of benefits, determine the amount of credit 
that should be returned, and credit the amount back to the Service. The 
use of funds related to veterans' education benefits to supplement TA 
received by active duty and RC personnel is authorized in accordance 
with applicable VA guidelines.
    (12) Pell Grants may be used in conjunction with TA assistance to 
pay that portion of tuition costs not covered by TA.
    (13) TA will be provided for courses provided by educational 
institutions awarding degrees based on demonstrated competency, if:
    (i) Competency rates are equated to semester or quarter units of 
credit, and
    (ii) The educational institution publishes traditional grade 
correlations with ``Pass/Fail'' grades, and
    (iii) The educational institution provides a breakdown by course 
equivalent for Service members.
    (14) Enrollment in a professional practicum integral to these types 
of programs is also authorized. However, normal DoD TA caps and 
ceilings apply; the cost of expanded levels of enrollment over and 
above these enrollment levels and normal caps and ceilings must be 
borne by the student.
    (15) When used for postsecondary education, TA will be provided 
only for courses offered by postsecondary educational institutions 
whose home campus is operating within the United States, to include the 
District of Columbia and U.S. territories, which are accredited by a 
national or regional accrediting body recognized by the ED.
    (16) On a date to be determined, but not earlier than 60 days 
following the publication of this part in the Federal Register, to 
receive TA, all educational institution home campuses must sign the 
revised DoD Voluntary Education Partnership Memorandum of Understanding 
(MOU) in appendices A, B, C, D, and E to this part, and the name of the 
educational institution must be posted on the DoD MOU Web site under 
the `Participating Institutions' tab (located at http://www.dodmou.com). One signed, revised DoD Voluntary Education 
Partnership MOU with the educational institution's home campus will 
cover any program offered by the educational institution, regardless of 
location. The requirement to sign the revised DoD Voluntary Education 
Partnership MOU contained in this part applies to institutions with a 
previously approved and signed DoD Voluntary Education Partnership MOU 
posted on the DoD MOU Web site.
    (17) To the extent that any provision of the standard language of 
the DoD Voluntary Education Partnership MOU template in appendices A, 
B, C, D, and E to this part, results from DoD policy that conflicts 
with a state law or regulation, the DASD(MCFP) may authorize amending 
the standard language of the DoD Voluntary Education Partnership MOU 
template on a case-by-case basis to the extent permissible by Federal 
law or regulation.
    (18) A DoD Voluntary Education Partnership MOU with an educational 
institution may be suspended or terminated by DoD in these 
circumstances:
    (i) The DoD Voluntary Education Partnership MOU with an educational 
institution may be terminated by the ASD(R&FM) following written notice 
and an opportunity to respond for the failure to comply with any 
element of this part of the DoD Voluntary Education Partnership MOU. In 
addition, an otherwise qualified educational institution may be 
suspended from participating in the tuition assistance program by the 
ASD(R&FM) following written notice and an opportunity to respond 
through either the termination of an existing DoD Voluntary Education 
Partnership MOU or the refusal by DoD to enter into a new DoD Voluntary 
Education Partnership MOU upon indictment of the educational 
institution or any senior official of the educational institution on a 
criminal charge related to the operation of the educational 
institution. The decision of the ASD(R&FM) in either of these cases may 
be appealed to the USD(P&R), and the decision of the USD(P&R) will be 
deemed to be the final administrative action by DoD on the matter.
    (ii) An otherwise qualified educational institution may also be 
immediately suspended from participating in the tuition assistance 
program through either the termination of an existing DoD Voluntary 
Education Partnership MOU or the refusal to enter into a new DoD 
Voluntary Education Partnership MOU by the USD(P&R) on national 
security grounds. Written notice of the action will be provided to the 
educational institution, and, if practicable without damaging national 
security, the written notice will include a short unclassified summary 
of the reasons for the action. Such a decision of the USD(P&R) is only 
appealable to the Secretary of Defense, who has authorized the Deputy 
Secretary of Defense to act on such an appeal.
    (iii) The authorities pursuant to this paragraph are not delegable.
    (b) Guidelines for establishing, maintaining, and operating 
voluntary education programs. (1) Education programs established under 
this part by each Military Service will:
    (i) Provide for the academic, technical, intellectual, personal, 
and professional development of Service members, thereby contributing 
to the readiness of the Military Services and the quality of life of 
Service members and their families.
    (ii) Increase Service members' opportunities for advancement and 
leadership by reinforcing their academic skills and occupational 
competencies with new skills and knowledge.
    (iii) Lead to a credential, such as a high school diploma, 
certificate, or college degree, signifying satisfactory completion of 
the educational program.
    (iv) Include an academic skills program, which allows personnel to 
upgrade their reading, writing, computation, and communication 
abilities in support of academic skills and military occupations and 
careers. Academic skills programs may include English as a Second 
Language, mathematics and basic science.
    (v) Include programs and college offerings that support findings 
from periodic needs assessments conducted by the appropriate DoD 
installation official (normally the Education Services Officer) for 
programs provided on the DoD installation. The DoD

[[Page 27744]]

installation needs assessment process is used to determine such items 
as staffing requirements, course offerings, size of facilities, 
funding, or other standards for delivery of educational programs. 
Duplication of course offerings on a DoD installation should be 
avoided. However, the availability of similar courses through 
correspondence or electronic delivery will not be considered 
duplication.
    (vi) Be described in a publication or on-line source that includes 
on-installation educational programs, programs available at nearby DoD 
installations, and colleges and universities nearby the DoD 
installation.
    (2) Each Military Service, in cooperation with community 
educational service providers, will provide support essential to 
operating effective education programs. This support includes:
    (i) Adequate funds for program implementation, administration, and 
TA.
    (ii) Adequately trained staff to determine program needs, counsel 
students, provide testing services, and procure educational programs 
and services. Education counseling will be provided by qualified 
professional (Education Services Series 1740 or an individual with 
equivalent qualifications) individuals.
    (iii) Adequate and appropriate classroom, laboratory, and office 
facilities and equipment, including computers to support local needs.
    (iv) Access to telecommunications networks, computers, and physical 
or online libraries at times convenient to active duty personnel.
    (3) In operating its programs, each Military Service will:
    (i) Provide to newly assigned personnel, as part of their 
orientation to each new DoD installation or unit of assignment for RC 
personnel, information about voluntary education programs available at 
that DoD installation, unit, or State for RC personnel.
    (ii) Maintain participants' educational records showing education 
accomplishments and educational goals.
    (iii) Provide for the continuing professional development of their 
education services staff, including the participation of field staff in 
professional, as well as Service-sponsored, conferences, symposiums, 
and workshops.
    (iv) Provide educational services, including TA counseling, 
academic advice and testing to their personnel and to personnel of 
other Services (including the U.S. Coast Guard when operating as a 
service in the Navy) who are assigned for duty at DoD installations of 
the host Service. These educational services will be provided by 
qualified professional (Education Services Series 1740 or an individual 
with equivalent qualifications) individuals in sufficient numbers to 
operate voluntary education programs as determined by individual 
Service standards. Outcomes from these educational services will 
include:
    (A) A prior learning assessment that includes a review of all 
education transcripts to include the JST, the CCAF transcript, and 
academic transcript recommendations for ACE recommended credit.
    (B) An assessment of the Service members' readiness to accomplish 
the degree requirements as outlined in the evaluated educational plan 
and a discussion of academic skills development programs.
    (C) Discussion and review of technical credentials that can be 
obtained concurrent to academic pursuits.
    (D) Discussion of credit-by-examination options.
    (E) Review of academic program options, leading to a degree plan.
    (F) Discussion with prospective military students on payment 
options and the use of education benefits for postsecondary courses to 
include the DoD TA Program, VA education benefit programs, State and 
federal grants and loans, commercial lending, and out-of-pocket costs 
for the Service member. Discussion will include streamlined tools and 
information to compare educational institutions using key measures of 
affordability and value through the VA eBenefits portal at http://www.ebenefits.va.gov. The eBenefits portal is updated by VA to 
facilitate access to school performance information and key federal 
financial aid documents.
    (v) Continually assess the state of its voluntary education 
programs and periodically conduct a formal needs assessment by the 
appropriate DoD installation official (normally the Education Services 
Officer) to ensure that the best possible programs are available to 
their members at each DoD installation or in their State or area 
command for RC personnel. It is essential that a formal needs 
assessment be conducted if there is a significant change in the 
demographic profile of the DoD installation population.
    (4) Eligible adult family members of Service members, DoD civilian 
employees and their eligible adult family members, and military 
retirees may participate in installation postsecondary education 
programs on a space-available basis at no cost to the individual 
Service TA programs.
    (5) At locations where an educational program that is offered on a 
DoD installation is not otherwise conveniently available outside the 
DoD installation, civilians who are not directly employed by the DoD or 
other Federal agencies, and who are not eligible adult family members 
of DoD personnel, may be allowed to participate in DoD installation 
educational programs. While such participation contributes to positive 
community relations, participation must be on a student-funded, space-
available basis at no cost to the individual Service TA programs, after 
the registration of Service members, DoD civilian employees, eligible 
adult family members, and military retirees. Additionally, a review of 
these potential participants by the relevant DoD installation ethics 
counselor may be required as part of the installation commander's 
access requirements. Participation may also be subject to the terms of 
status-of-forces or other regulating agreements.
    (6) Education centers will maintain liaison with appropriate State 
planning and approving agencies and coordinating councils to ensure 
that planning agencies for continuing, adult, or postsecondary 
education are aware of the educational needs of military personnel 
located within their jurisdiction.
    (7) In supporting a high school completion program, each Military 
Service will:
    (i) Ensure that all Service members with less than a high school 
education have the opportunity to attain a high school diploma or its 
equivalent.
    (ii) Ensure that neither a Military Service nor DANTES issues a 
certificate or similar document to Service members based on performance 
on high school equivalency tests. Military Services will recognize 
attainment of high school completion or equivalency only after a State- 
or territory-approved agency has awarded the appropriate credential.
    (iii) Pay 100 percent of the cost of high school equivalency 
instruction or proficiency testing and credentialing for Service 
members.
    (iv) Ensure that Service sponsored high school diploma programs are 
delivered by institutions that are State-funded or a Service component 
program accredited by a regional accrediting body or recognized by a 
State's secondary school authority.
    (c) Procedures for the responsible education advisor, on behalf of 
the installation commander, to follow to provide voluntary education 
programs

[[Page 27745]]

and services from postsecondary educational institutions. (1) Contacts 
by an educational institution with a Service member for the purpose of 
asking or encouraging the member to sign up for one of the educational 
institution's programs (assuming the program has some cost) are 
considered personal commercial solicitations. The responsible education 
advisor will ensure educational institutions comply with DoD 
Instruction 1344.07, ``Personal Commercial Solicitation on DoD 
Installations'' (available at http://www.dtic.mil/whs/directives/corres/pdf/134407p.pdf) and all requirements established by the 
installation commander for solicitation. Materials available through 
the education center that provide basic information about the 
educational institution or its programs or services in compliance with 
this MOU will not be considered personal commercial solicitation 
including, but not limited to, brochures, flyers, and catalogs provided 
by the educational institution. The responsible education advisor will 
ensure adequate and appropriate materials are available at no cost to 
the Service member and at no additional charge to the educational 
institution meeting the requirements as stated in the policy section of 
this part and in compliance with the DoD Voluntary Education 
Partnership MOU.
    (2) The responsible education advisor will limit DoD installation 
access to educational institutions or their agents meeting the 
requirements as stated in the policy section of this part and in 
compliance with the DoD Voluntary Education Partnership MOU. Agents 
representing education institutions in the performance of contracted 
services are permitted DoD installation access only in accordance with 
the requirements of their contract and/or agreement.
    (3) Educational institutions interested in providing education, 
guidance, training opportunities, and participating in sanctioned 
education fairs on a DoD installation provide their requests to the 
responsible education advisor, who will review and analyze these 
requests on behalf of the installation commander.
    (4) The responsible education advisor will ensure all educational 
institutions and its agents granted access to DoD installations to 
provide education, guidance, training opportunities, and participate in 
sanctioned education fairs to Service members:
    (i) Adhere to federal law, DoD Instruction 1344.07, DoD Instruction 
1322.19, ``Voluntary Education Programs in Overseas Areas'' (available 
at http://www.dtic.mil/whs/directives/corres/pdf/132219p.pdf; and the 
cognizant Military Service's policies and regulations.
    (ii) Comply with applicable DoD installation policies and 
procedures designated by the installation commander on such matters as 
fire and safety, environment, physical security, personnel background 
checks, vehicle inspection and registration, and any other applicable 
statues or regulations designated by the installation commander.
    (5) Monitor educational institutions and its agents granted access 
to a DoD installation to ensure they do not:
    (i) Use unfair, deceptive, abusive or fraudulent devices, schemes, 
or artifices, including misleading advertising or sales literature.
    (ii) Engage in unfair, deceptive, or abusive marketing tactics, 
such as during unit briefings or assemblies; engaging in open 
recruiting efforts; or distributing marketing materials on the DoD 
installation at unapproved locations or events.
    (iii) Market to or recruit newly assigned military personnel to the 
DoD installation, unless the Service member has received information 
about voluntary education programs and educational services available 
at that DoD installation, to include TA, from their education services 
staff or as part of their orientation to the new DoD installation.
    (6) Ensure educational institutions granted access to DoD 
installations to provide programs, services, or education guidance to 
their students meet these criteria:
    (i) Have a signed Voluntary Education Partnership MOU with DoD.
    (ii) Are in compliance with State authorization requirements 
consistent with regulations issued by ED including 34 CFR 600.9. 
Educational institutions must meet the requirements of the state where 
services will be rendered to include compliance with all state laws as 
they relate to distance education.
    (iii) Are State approved for the use of veterans' education 
benefits. Copies of the certification will be filed with the 
appropriate State approving agency for the military or veteran student.
    (iv) Are certified to participate in federal student aid programs 
through the ED under Title IV of the Higher Education Act of 1965. 
Title IV certification may be provisional so long as the educational 
institution maintains eligibility to participate in the Federal Direct 
Loan Program.
    (v) Are accredited by a national or regional accrediting body 
recognized by the ED and conduct programs only from among those offered 
or authorized by the main administrative and academic office in 
accordance with standard procedures for authorization of degree 
programs by the educational institution.
    (7) DoD installations seeking an educational institution to provide 
on-installation education programs, through the responsible education 
advisor, must:
    (i) Communicate the educational needs of the DoD installation to a 
wide variety of potential providers.
    (ii) Seek favorable tuition rates, student services, and 
instructional support from providers.
    (iii) Provide to interested providers:
    (A) The level of services and instruction desired, and specific 
degree programs being sought.
    (B) A demographic profile of the DoD installation population and 
probable volume of participation in the program.
    (C) Facilities and level of security at no charge to the 
educational institution.
    (D) Cost associated with equipment and supporting services provided 
at the discretion of the DoD installation.
    (E) A copy of this part.
    (F) Special requirements, such as:
    (1) Format (e.g., distance, evening, or weekend classes), 
independent study, short seminar, or other mode of delivery of 
instruction.
    (2) Unique scheduling problems related to the operational mission 
of the DoD installation.
    (3) Any DoD installation restrictions, limitations, or special 
considerations relevant to using an alternate delivery system (e.g., 
DL).
    (4) Available computer hardware and supporting equipment.
    (5) Electrical, satellite, and network capabilities at the site.
    (8) In evaluating proposals, responsible education advisors must 
ensure potential providers meet, at a minimum, these criteria:
    (i) Programs satisfy objectives defined by the most recent needs 
assessment.
    (ii) Programs, courses, and completion requirements are the same as 
those at the provider's main administrative and academic campus.
    (iii) The educational institution granting undergraduate academic 
credit must adhere to the Servicemembers Opportunity Colleges (SOC) 
Principles and Criteria (available at http://www.soc.aascu.org/socconsortium/PublicationsSOC.html) regarding the transferability of 
credit, the awarding of credit for military training and experience, 
and residency requirements.
    (iv) The provider is prepared to:
    (A) Offer academic counseling and flexibility in accommodating 
special military schedules.
    (B) Ensure main administrative and academic office approval in 
faculty

[[Page 27746]]

selection, assignment, and orientation; and participation in monitoring 
and evaluation of programs. Adjunct or part-time faculty will possess 
comparable qualifications as full-time permanent faculty members.
    (C) Conduct on-installation or online courses that carry identical 
credit values, represent the same content and experience, and use the 
same student evaluation procedures as courses offered through the main 
administrative and academic campus. All substantive course change 
requirements must follow the schools accreditation agencies 
requirements. If the educational institution's accrediting agency's 
substantive change policy requires new courses or program offerings to 
be submitted to the agency for approval, the educational institution 
will be required to submit such items for approval before admitting 
Service members using military TA.
    (D) Maintain the same admission and graduation standards that exist 
for the same programs at the main administrative and academic office, 
and include credits from courses taken at a branch or auxiliary campus 
of the same educational institution in establishing academic residency 
to meet degree requirements.
    (E) Provide library and other reference and research resources, in 
either print or electronic format, that are appropriate and necessary 
to support course offerings.
    (F) Establish procedures to maintain regular communication among 
central institutional academic leadership and administrators, and off-
campus representatives and faculty. Any educational institution's 
proposal must specify these procedures.
    (G) Provide students with regular and accessible academic and 
financial counseling services either electronically or in-person. At a 
minimum, this includes Title IV and VA education benefits.
    (H) Charge tuition that is not more than tuition charged to 
nonmilitary students.
    (I) Have established policies for awarding credit for military 
training by examinations, experiential learning, and courses completed 
using modes of delivery other than instructor-delivered, on-site 
classroom instruction.
    (J) Conduct programs only from among those offered or authorized by 
the main administrative and academic office in accordance with standard 
procedures for authorization of degree programs by the educational 
institution.
    (d) Requirements and procedures for educational institutions 
seeking access to the DoD installation solely to provide academic 
counseling or student support services to students. (1) Educational 
institutions must meet the criteria in paragraphs (c)(6)(i) through (v) 
of this section.
    (2) Educational institutions must have a DoD installation student 
population of at least 20 military students, except in overseas 
locations covered by DoD Instruction 1322.19. For this exception, only 
contracted educational institutions are permitted on overseas DoD 
installations. Educational institutions may submit eligible Title IV 
and GI Bill recipients (military or family member) to supplement 
military TA recipients in meeting the minimum requirement.
    (3) Educational institutions must request access through the 
responsible education advisor via a written proposal. If a request is 
received from an educational institution seeking access to a joint DoD 
installation, the responsible education advisor from the education 
center will determine the appropriate Military Service to work the 
request. The request should include as a minimum:
    (i) Educational institution name and intent or purpose of the 
visit.
    (ii) Number and names of educational institution representatives 
that will be available.
    (iii) Counseling delivery method: By appointment or walk-in.
    (iv) Communication process used to inform students of their 
availability for counseling.
    (4) The responsible education advisor will review and analyze the 
request on behalf of the installation commander. The installation 
commander has the final authority to approve, deny, suspend, or 
withdraw DoD installation access permission from an educational 
institution, as deemed appropriate.
    (5) If a request is received from an educational institution 
seeking access to a DoD installation, the responsible education advisor 
will:
    (i) Fully consider requests from those educational institutions 
complying with requirements as stated in paragraphs (d)(1) through (3) 
of this section and be consistent in treatment of educational 
institutions in accordance with this part. Also, consider the value to 
the Service member as it relates to geographic location, accessibility 
and mission tempo.
    (ii) If request is denied, provide a timely response to the 
educational institution and inform the educational institution they may 
reapply for access once reasons for denial are addressed.
    (iii) Maintain copies of all correspondence in accordance with the 
DoD installation records management schedule and disposition, with a 
minimum time requirement of 2 years.
    (6) If a DoD installation grants access to an educational 
institution to provide guidance to their students, the educational 
institution and its agents will:
    (i) Only advise or counsel students at the education center or at a 
location approved by the responsible education advisor.
    (ii) Maintain a record of students counseled and provide a copy to 
the education office. The record will annotate the type of program and 
the status of the Service member (current or reenrollment).
    (iii) Comply with applicable DoD installation policies and 
procedures designated by the installation commander on such matters as 
fire and safety, environment, physical security, personnel background 
checks, vehicle inspection and registration, and any other applicable 
statues or regulations designated by the installation commander.
    (e) Interservice Voluntary Education Board. Under the direction of 
the Voluntary Education Chief, the Interservice Voluntary Education 
Board is composed of full-time or permanent part-time employees of DoD 
or military members, and consists of one representative responsible for 
policy from the Office of the ASD(RA), and the senior voluntary 
education advisor responsible for policy each from the Army, Navy, Air 
Force, and Marine Corps. The Director, DANTES, will serve as an ex-
officio member. Meeting quarterly, the Board will:
    (1) Provide a forum for the exchange of information and discussion 
of issues related to voluntary education programs.
    (2) Develop recommendations for changes in policies and procedures.
    (3) Develop recommendations for DANTES' activities and operations 
that support voluntary education programs.
    (4) Review and prioritize DANTES activities that support DoD 
voluntary education programs, to include budget execution and recommend 
execution year adjustments.
    (5) Develop recommended policy and program guidance for DANTES for 
the Future-Year Defense Program.
    (f) DANTES. (1) Guidance and recommendations for DANTES will be 
developed with the advice of the Interservice Voluntary Education 
Board.
    (2) The selection and rating of the Director, DANTES will be as 
follows:
    (i) The DASD(MCFP) will convene and chair the search committee 
responsible for replacing the Director, DANTES, when the position is 
vacated.

[[Page 27747]]

At the request of the USD(P&R), the Secretaries of the Military 
Departments will provide a senior manager to sit on the search 
committee. The committee will recommend the best qualified candidate to 
the DoD EA for DANTES, for possible appointment as the Director, 
DANTES.
    (ii) The DoD EA for DANTES will designate the rater of the 
Director, DANTES. The Director, State Liaison and Educational 
Opportunity within the Office of the USD(P&R), MCFP, will provide input 
to the DoD EA designated rater concerning the performance of the 
Director, DANTES.
    (3) DANTES will:
    (i) Support the Service voluntary education programs by executing 
the program outlined in this part and the annual USD(P&R) supplemental 
guidance for those items not reflected in this paragraph of this 
section.
    (ii) Provide execution information to the Interservice Voluntary 
Education Board quarterly and provide information required to assist 
with the program objective memorandum development as requested by the 
Board.
    (iii) Support DoD off-duty, voluntary education programs and 
conduct special projects and developmental activities in support of 
education-related DoD functions.
    (iv) Assist the Military Services in providing high-quality and 
valuable educational opportunities for Service members, their eligible 
adult family members, and DoD personnel, and assist personnel in 
achieving professional and personal educational objectives. This role 
includes the consolidated management of programs that prevent 
duplication of effort among the Services. Through its activities, 
DANTES supports DoD recruitment, retention, and the transition efforts.
    (v) Assume responsibilities and functions that include:
    (A) Managing and facilitating the delivery of a wide variety of 
examinations including the General Equivalency Diploma test, college 
admissions, and credit-by-examination programs.
    (B) Upon request, issuing transcripts for the United States Armed 
Forces Institute and the examination and certification programs.
    (C) Managing the contract through which former DoD Dependents 
Schools students can obtain copies of archived transcripts.
    (D) Managing the contract and functions related to the evaluation 
of educational experiences in the Military Services that are covered by 
the contract.
    (E) Providing or developing and distributing educational materials, 
reference books, counseling publications, educational software, and key 
educational resource information to Defense Agencies and DoD 
installations.
    (F) Managing the SOC program contract and related functions.
    (G) Managing the DoD contract that provides for periodic third-
party reviews of DoD voluntary education programs titled the Third 
Party Education Assessment.
    (H) Managing the contract and data received on the voluntary 
education programs for the VEMIS, which includes gathering, collating, 
and verifying participation and cost data from the Services. Providing 
requisite consolidated reports to USD(P&R). Requested data from the 
Military Services on voluntary education programs is located and stored 
at https://afaems.langley.af.mil/vemis. A user guide containing 
voluntary education program data and report information for the 
Military Services and DANTES is also available at this Web site, under 
the ``Resources'' tab.
    (I) Managing the DoD independent study catalog and its support 
systems, as required.
    (J) Negotiating, administering, and coordinating contracts for DoD 
Worldwide Education Symposiums in support of and in conjunction with 
the Interservice Voluntary Education Board.
    (K) Establishing, refining, updating, and maintaining information 
on worldwide education support of DoD off-duty, voluntary education 
programs on the Internet. Maintaining necessary infrastructure to 
ensure that information on the Internet is always current and available 
to leadership, agency personnel, the public, and others.
    (L) Administering the TTT program in accordance with section 1154 
of chapter 58 of 10 U.S.C.
    (M) Monitoring new technological developments, providing reports, 
cost analyses, and recommendations on educational innovations, and 
conducting special projects requested by the Department of Defense and 
the Services, approved by the Interservice Voluntary Education Board, 
and as reflected and approved in DANTES' annual policy guidance.
    (N) Conducting staff development training on DANTES' policies, 
procedures, and practices related to voluntary education testing 
programs, and providing additional training as requested by the Office 
of the Secretary of Defense and the Services.
    (O) Serving as the Defense Media Activity's point of contact for 
information on DANTES programs for military personnel.
    (P) Providing support, as requested, to DoD and Service Quality of 
Life and Transition support programs.
    (Q) Providing other support in mission areas as directed by the 
USD(P&R) and the DASD(MCFP).
    (R) Managing DoD contingency Tri-Service contracts, which provide 
educational opportunities for deployed Service members with guidance 
and oversight from the DoD Voluntary Education Chief.
    (S) Monitoring and maintaining liaison with the office responsible 
for consolidating and distributing the JST for the Services.
    (vi) Maintain liaison with education services officials of the 
Military Services, and appropriate Federal and State agencies and 
educational associations, in matters related to the DANTES mission and 
assigned functions.
    (vii) Serve on panels and working groups designated by the 
DASD(MCFP).
    (viii) Serve as the Executive Secretary at the Interservice 
Voluntary Education Board meeting convened annually to review DANTES 
programs and to develop recommendations for inclusion in annual policy 
guidance for DANTES. In this role, the Director, DANTES, will 
coordinate the meeting, prepare the agenda, review and analyze DANTES 
programs and initiatives outlined in the prior year's operational plan, 
and provide minutes after the meeting.
    (ix) Assist the Services in screening candidates for the DANTES 
Senior Enlisted Advisor and DANTES RC Advisor positions.
    (x) Maintain the repository for the DoD Voluntary Education 
Partnership MOU between USD(P&R) and partner educational institutions, 
to include Service-specific addendums (see the Appendix to this section 
for the template of the DoD Voluntary Education Partnership MOU). 
DANTES will:
    (A) Administer and update the system that is the repository of the 
MOUs per guidance from USD(P&R).
    (B) Create, track, and maintain a centrally managed database for 
all signed documents.
    (C) Publish an Internet-based list of all educational institutions 
that have a signed DoD Voluntary Education Partnership MOU.
    (D) Generate reports in accordance with guidance from the USD(P&R) 
and procedures in DTM 12-004, ``DoD Internal Information Collections'' 
(available at http://www.dtic.mil/whs/directives/corres/pdf/DTM-12-004.pdf) and DoD 8910-1-M, ``Department of

[[Page 27748]]

Defense Procedures for Management of Information Requirements'' 
(available at http://www.dtic.mil/whs/directives/corres/pdf/891001m.pdf).
    (x) Provide data analyses and generate reports required by DoD and 
the Interservice Voluntary Education Board as needed.

Appendix A to Part 68--DoD Voluntary Education Partnership Memorandum 
of Understanding (MOU) Between DoD Office of the Under Secretary of 
Defense for Personnel and Readiness (USD(P&R)) and [Name of Educational 
Institution]

    1. Preamble.
    a. Providing access to quality postsecondary education 
opportunities is a strategic investment that enhances the U.S. 
Service member's ability to support mission accomplishment and 
successfully return to civilian life. A forward-leaning, lifelong 
learning environment is fundamental to the maintenance of a mentally 
powerful and adaptive leadership-ready force. Today's fast-paced and 
highly mobile environment, where frequent deployments and 
mobilizations are required to support the Nation's policies and 
objectives, requires DoD to sponsor postsecondary educational 
programs using a variety of learning modalities that include 
instructor-led courses offered both on- and off-installation, as 
well as distance learning options. All are designed to support the 
professional and personal development and progress of the Service 
members and our DoD civilian workforce.
    b. Making these postsecondary programs available to the military 
community as a whole further provides Service members, their 
eligible adult family members, DoD civilian employees, and military 
retirees ways to advance their personal education and career 
aspirations and prepares them for future vocational pursuits, both 
inside and outside of DoD. This helps strengthen the Nation by 
producing a well-educated citizenry and ensures the availability of 
a significant quality-of-life asset that enhances recruitment and 
retention efforts in an all-volunteer force.
    2. Purpose.
    a. This MOU articulates the commitment and agreement educational 
institutions provide to DoD by accepting funds via each Service's 
tuition assistance (TA) program in exchange for education services.
    b. This MOU is not an obligation of funds, guarantee of program 
enrollments by DoD personnel, their eligible adult family members, 
DoD civilian employees, or retirees in an educational institution's 
academic programs, or a guarantee for DoD installation access.
    c. This MOU covers courses delivered by educational institutions 
through all modalities. These include, but are not limited to, 
classroom instruction, distance education (i.e., web-based, CD-ROM, 
or multimedia) and correspondence courses.
    d. This MOU includes high school programs, academic skills 
programs, and adult education programs for military personnel and 
their eligible adult family members.
    e. This MOU articulates regulatory and governing directives and 
instructions:
    (1) Eligibility of DoD recipients is governed by Federal law, 
DoD Instruction 1322.25, DoD Directive 1322.08E, and the cognizant 
Military Service's policies, regulations, and fiscal constraints.
    (2) Postsecondary educational programs provided to Service 
members using TA on DoD installations outside of the United States, 
will be operated in accordance with guidance from DoD Instruction 
1322.25, DoD Instruction 1322.19, section 1212 of Public Law 99-145, 
as amended by section 518 of Public Law 101-189; and under the terms 
of the Tri-Services contract currently in effect.
    f. This MOU is subject at all times to Federal law and the 
rules, guidelines, and regulations of DoD. Any conflicts between 
this MOU and such Federal law, rules, guidelines, and regulations 
will be resolved in favor of the Federal law, rules, guidelines, or 
regulations.
    3. Educational Institution (Including Certificate and Degree 
Granting Educational Institutions) Requirements for TA. Educational 
institutions must:
    a. Sign and adhere to requirements of this MOU, including 
Service-specific addendums as appropriate, prior to being eligible 
to receive TA payments.
    (1) Those educational institutions that have a current Voluntary 
Education Partnership MOU with DoD will sign this MOU:
    (a) At the expiration of their current MOU (renewal);
    (b) At the request of DoD or the specific Military Service 
holding a separate current MOU. The DoD Voluntary Education 
Partnership MOU (which includes the Service-specific addendums) is 
required for an educational institution to participate in the DoD TA 
Program. An ``installation MOU'' (which is separate from this MOU) 
is only required if an educational institution is operating on a DoD 
installation. The installation MOU:
    1. Contains the installation-unique requirements that the 
responsible education advisor coordinated, documented, and retained; 
is approved by the appropriate Service voluntary education 
representative; and is presented to the installation commander for 
final approval.
    2. Cannot conflict with the DoD Voluntary Education Partnership 
MOU and governing regulations.
    (2) Educational institutions must comply with this MOU and the 
requirements in Service-specific addendums that do not conflict with 
governing Federal law and rules, guidelines, and regulations, which 
include, but are not limited to, Title 10 of the U.S. Code; DoD 
Directive 1322.08E, ``Voluntary Education Programs for Military 
Personnel''; DoD Instruction 1322.25, ``Voluntary Education 
Programs''; DoD Instruction 1322.19, ``Voluntary Education Programs 
in Overseas Areas''; and all DoD installation requirements imposed 
by the installation commander, if the educational institution has 
been approved to operate on a particular base. Educational 
institutions failing to comply with the requirements set forth in 
this MOU may receive a letter of warning, be denied the opportunity 
to establish new programs, have their MOU terminated, be removed 
from the DoD installation, and may have the approval of the issuance 
of TA withdrawn by the Service concerned.
    b. Be accredited by a national or regional accrediting agency 
recognized by ED, approved for VA funding, and certified to 
participate in Federal student aid programs through ED under Title 
IV of the Higher Education Act of 1965.
    c. Comply with the regulatory guidance provided by DoD and the 
Services.
    d. Comply with state authorization requirements consistent with 
regulations issued by ED, including 34 CFR 600.9. Educational 
institutions must meet all State laws as they relate to distance 
education as required.
    e. Participate in the Third Party Education Assessment process 
when requested. This requirement applies not only to educational 
institutions providing courses on DoD installations, but also to 
those educational institutions that provide postsecondary 
instruction located off the DoD installation or via DL. Educational 
institutions may be selected for Third Party Education Assessment 
based on provider offerings (on-installation, off-installation, or 
DL), education benefits received (large provider in terms of 
enrollments or TA funds), or an observed promising practice. 
Educational institutions may also be selected as a result of reports 
of non-compliance with the DoD Voluntary Education Partnership MOU, 
complaint(s) received, or negative information received from other 
government agencies and regulators. Educational institutions 
demonstrating an unwillingness to resolve findings may receive a 
range of penalties from a written warning to revocation of the DoD 
Voluntary Education Partnership MOU and removal from participation 
in the DoD TA Program. As appropriate, Third Party Education 
Assessment findings will be shared with other government agencies/
regulators including but not limited to CFPB, VA, ED, DOJ, and FTC.
    (1) If an educational institution is operating on the DoD 
installation, the educational institution will resolve the 
assessment report findings and provide corrective actions taken 
within 6 months of the Third Party Education Assessment to the 
responsible education advisor on the DoD installation, the 
appropriate Service Voluntary Education Chief, and the DoD Voluntary 
Education Chief.
    (2) If an educational institution is operating off the DoD 
installation or via DL, the educational institution will resolve the 
assessment report findings and provide corrective actions taken 
within 6 months of the Third Party Education Assessment to the DoD 
Voluntary Education Chief.
    (3) In instances when the resolution action cannot be completed 
within the 6 month timeframe, the educational institution will 
submit a status report every 3 months to the responsible education 
advisor on the DoD installation if the educational institution is 
operating on the DoD installation, and the

[[Page 27749]]

DoD Voluntary Education Chief, until the recommendation is resolved.
    f. Before enrolling a Service member, provide each prospective 
military student with specific information to locate, explain, and 
properly use the following ED and CFPB tools:
    (1) The College Scorecard which is a consumer planning tool and 
resource to assist prospective students and their families as they 
evaluate options in selecting a school and is located at: http://collegecost.ed.gov/scorecard/.
    (2) The College Navigator which is a consumer tool that provides 
school information to include tuition and fees, retention and 
graduation rates, use of financial aid, student loan default rates 
and features a cost calculator and school comparison tool. The 
College Navigator is located at: http://nces.ed.gov/collegenavigator/.
    (3) The Financial Aid Shopping Sheet which is a model aid award 
letter designed to simplify the information that prospective 
students receive about costs and financial aid so they can easily 
compare institutions and make informed decisions about where to 
attend school. The shopping sheet can be accessed at: http://www2.ed.gov/policy/highered/guid/aid-offer/index.html.
    (4) The `Paying for College' Web page which can be used by 
prospective students to enter the names of up to three schools and 
receive detailed financial information on each one and to enter 
actual financial aid award information. The tool can be accessed at: 
http://www.consumerfinance.gov/paying-for-college/.
    g. Designate a point of contact or office for academic and 
financial advising, including access to disability counseling, to 
assist Service members with completion of studies and with job 
search activities.
    (1) The designated person or office will serve as a point of 
contact for Service members seeking information about available, 
appropriate academic counseling, financial aid counseling, and 
student support services at the educational institution;
    (2) The point of contact will have a basic understanding of the 
military tuition assistance program, ED Title IV funding, education 
benefits offered by the VA, and familiarity with institutional 
services available to assist Service members.
    (3) The point of contact does not need to be exclusively 
dedicated to providing these services and, as appropriate, may refer 
the Service member to other individuals with an ability to provide 
these services, both on- and off-campus.
    h. Before offering, recommending, arranging, signing-up, 
dispersing, or enrolling Service members for private student loans, 
provide Service members access to an institutional financial aid 
advisor who will make available appropriate loan counseling, 
including, but not limited to:
    (1) Providing a clear and complete explanation of available 
financial aid, including Title IV of the Higher Education Act of 
1965, as amended.
    (2) Describing the differences between private and federal 
student loans to include terms, conditions, repayment and 
forgiveness options.
    (3) Disclosing the educational institution's student loan Cohort 
Default Rate (CDR), the percentage of its students who borrow, and 
how its CDR compares to the national average. If the educational 
institution's CDR is greater than the national average CDR, it must 
disclose that information and provide the student with loan 
repayment data.
    (4) Explaining that students have the ability to refuse all or 
borrow less than the maximum student loan amount allowed.
    i. Have a readmissions policy for Service members that:
    (1) Allows Service members and reservists to be readmitted to a 
program if they are temporarily unable to attend class or have to 
suspend their studies due to service requirements.
    (2) Follows the regulation released by ED (34 CFR 668.18) 
regarding readmissions requirements for returning Service members 
seeking readmission to a program that was interrupted due to a 
Military service obligation, and apply those provisions to Service 
members that are temporarily unable to attend classes for less than 
30 days within a semester or similar enrollment period due to a 
Military service obligation when such absence results in a 
withdrawal under institution policies. A description of the 
provisions for U.S. Armed Forces members and their families is 
provided in Chapter 3 of Volume 2 of the Federal Student Aid 
Handbook.
    j. Have policies in place compliant with program integrity 
requirements consistent with the regulations issued by ED (34 CFR 
668.71-668.75 and 668.14) related to restrictions on 
misrepresentation, recruitment, and payment of incentive 
compensation. This applies to the educational institution itself and 
its agents including third party lead generators, marketing firms, 
or companies that own or operate the educational institution. As 
part of efforts to eliminate unfair, deceptive, and abusive 
marketing aimed at Service members, educational institutions will:
    (1) Ban inducements including any gratuity, favor, discount, 
entertainment, hospitality, loan, transportation, lodging, meals, or 
other item having a monetary value of more than a de minimis amount 
to any individual, entity, or its agents including third party lead 
generators or marketing firms other than salaries paid to employees 
or fees paid to contractors in conformity with all applicable laws 
for the purpose of securing enrollments of Service members or 
obtaining access to TA funds. Educational institution sponsored 
scholarships or grants and tuition reductions available to military 
students are permissible.
    (2) Refrain from providing any commission, bonus, or other 
incentive payment based directly or indirectly on securing 
enrollments or federal financial aid (including TA funds) to any 
persons or entities engaged in any student recruiting, admission 
activities, or making decisions regarding the award of student 
financial assistance.
    (3) Refrain from high-pressure recruitment tactics such as 
making multiple unsolicited contacts (3 or more), including contacts 
by phone, email, or in-person, and engaging in same-day recruitment 
and registration for the purpose of securing Service member 
enrollments.
    k. Refrain from automatic program renewals, bundling courses or 
enrollments. The student and Military Service must approve each 
course enrollment before the start date of the class.
    l. The educational institution will obtain the approval of their 
accrediting agency for any new course or program offering, provided 
such approval is required under the substantive change requirements 
of the accrediting agency. Approval must be obtained before the 
enrollment of a Service member into the new course or program 
offering.
    m. If the educational institution is a member of the 
Servicemembers Opportunity Colleges (SOC), in addition to the 
requirements stated in paragraphs 3.a through 3.l of this MOU, the 
educational institution will:
    (1) Adhere to the SOC Principles, Criteria, and Military Student 
Bill of Rights. (located at http://www.soc.aascu.org/socconsortium/PublicationsSOC.html).
    (2) Provide processes to determine credit awards and learning 
acquired for specialized military training and occupational 
experience when applicable to a Service member's degree program.
    (3) Recognize and use the ACE Guide to the Evaluation of 
Educational Experiences in the Armed Services to determine the value 
of learning acquired in military service. Award credit for 
appropriate learning acquired in military service at levels 
consistent with ACE Guide recommendations and/or those transcripted 
by CCAF, when applicable to a Service member's program.
    n. If an educational institution is not a member of SOC, in 
addition to the requirements stated in paragraphs 3.a. through 3.l. 
of this MOU, the educational institution will:
    (1) Disclose its transfer credit policies and articulated credit 
transfer agreements before a Service member's enrollment. Disclosure 
will explain acceptance of credits in transfer is determined by the 
educational institution to which the student wishes to transfer and 
refrain from making unsubstantiated representations to students 
about acceptance of credits in transfer by another institution.
    (a) If the educational institution accepts transfer credit from 
other accredited institutions, then the educational institution 
agrees to evaluate these credits in conformity with the principles 
set forth in the Joint Statement on the Transfer and Award of Credit 
developed by members of the American Association of Collegiate 
Registrars and Admissions Officers, the American Council on 
Education, and the Council for Higher Education Accreditation. The 
educational institution will then award appropriate credit, to the 
extent practicable within the framework of its institutional mission 
and academic policies.
    (b) Decisions about the amount of transfer credit accepted, and 
how it will be applied to the student's program, will be left to the 
educational institution.

[[Page 27750]]

    (2) Disclose its policies on how they award academic credit for 
prior learning experiences, including military training and 
experiential learning opportunities provided by the Military 
Services, at or before a Service member's enrollment.
    (a) In so far as the educational institution's policies 
generally permit the award of credit for comparable prior learning 
experiences, the educational institution agrees to evaluate the 
learning experiences documented on the Service member's official 
Service transcripts, and, if appropriate, award credit.
    (b) The JST is an official education transcripts tool for 
documenting the recommended college credits for professional 
military education, training courses, and occupational experiences 
of Service members across the Services. The JST incorporates data 
from documents such as the Army/ACE Registry Transcript System, the 
Sailor/Marine ACE Registry Transcript System, the Community College 
of the Air Force transcript, and the Coast Guard Institute 
transcript.
    (c) Decisions about the amount of experiential learning credit 
awarded, and how it will be applied to the student's program, will 
be left to the educational institution. Once an educational 
institution has evaluated a particular military training or 
experiential learning opportunity for a given program, the 
educational institution may rely on its prior evaluation to make 
future decisions about awarding credit to Service members with the 
same military training and experience documentation, provided that 
the course content has not changed.
    (3) If general policy permits, award transfer credit or credit 
for prior learning to:
    (a) Replace a required course within the major;
    (b) Apply as an optional course within the major;
    (c) Apply as a general elective;
    (d) Apply as a basic degree requirement; or
    (e) Waive a prerequisite.
    (4) Disclose to Service members any academic residency 
requirements pertaining to the student's program of study, including 
total and any final year or final semester residency requirement at 
or before the time the student enrolls in the program.
    (5) Disclose basic information about the educational 
institution's programs and costs, including tuition and other 
charges to the Service member. This information will be made readily 
accessible without requiring the Service member to disclose any 
personal or contact information.
    (6) Before enrollment, provide Service members with information 
on institutional ``drop/add,'' withdrawal, and readmission policies 
and procedures to include information on the potential impact of 
military duties (such as unanticipated deployments or mobilization, 
activation, and temporary duty assignments) on the student's 
academic standing and financial responsibilities. For example, a 
Service member's military duties may require relocation to an area 
where he or she is unable to maintain consistent computer 
connectivity with the educational institution, which could have 
implications for the Service member's enrollment status. This 
information will also include an explanation of the educational 
institution's grievance policy and process.
    (7) Conduct academic screening and competency testing; make 
course placement based on student readiness.
    4. TA Program Requirements for Educational Institutions.
    a. One Single Tuition Rate. All Service members attending the 
same educational institution, at the same location, enrolled in the 
same course, will be charged the same tuition rate without regard to 
their Service component. This single tuition rate includes active 
duty Service members and the National Guard and Reservists who are 
activated under Title 10 and using Title 10 Military Tuition 
Assistance, in order to assure that tuition rate distinctions are 
not made based on the Service members' branches of Service.
    (1) It is understood tuition rates may vary by mode of delivery 
(traditional or online), at the differing degree levels and 
programs, and residency designations (in-state or out-of-state). 
Tuition rates may also vary based on full-time or part-time status, 
daytime vs. evening classes, or matriculation date, such as in the 
case of a guaranteed tuition program.
    (2) It is also understood that some States have mandated State 
rates for Guard and Reservists within the State. (Those Guard and 
Reservists not activated on Title 10, U.S. Code orders).
    b. Course Enrollment Information. The educational institutions 
will provide course enrollment, course withdrawal, course 
cancellation, course completion or failure, grade, verification of 
degree completion, and billing information to the TA issuing 
Service's education office, as outlined in the Service's regulations 
and instructions.
    (1) Under section 1232g of title 20, United States Code (also 
known as ``The Family Educational Rights and Privacy Act'' and 
hereinafter referred to as ``FERPA''), DoD recognizes that 
educational institutions are required to obtain consent before 
sharing personally identifiable non-directory information with a 
third party. Service members must authorize the educational 
institutions to release and forward course enrollment information 
required in 4.b. to DoD prior to approval of course enrollment using 
tuition assistance.
    (2) If an educational institution wants to ensure 
confidentiality during the transmission of data to the third party, 
then the educational institution can contact the appropriate Service 
TA management point of contact to discuss security and 
confidentiality concerns prior to transmitting information.
    c. Degree Requirements and Evaluated Educational Plans.
    (1) Educational institutions will disclose general degree 
requirements for the Service member's educational program (evaluated 
educational plan) to the member and his or her Service before the 
enrollment of the Service member at the educational institution. 
These requirements, typically articulated in the educational 
institution's course catalog, should:
    (a) Include the total number of credits needed for graduation.
    (b) Divide the coursework students must complete in accordance 
with institutional academic policies into general education, 
required, and elective courses.
    (c) Articulate any additional departmental or graduate academic 
requirements, such as satisfying institutional and major field grade 
point average requirements, a passing grade in any comprehensive 
exams, or completion of a thesis or dissertation.
    (2) In addition to providing degree requirements, the 
educational institution will provide to Service members who have 
previous coursework from other accredited institutions and relevant 
military training and experiential learning an evaluated educational 
plan that indicates how many, if any, transfer credits it intends to 
award and how these will be applied toward the Service member's 
educational program. The evaluated educational plan will be provided 
within 60 days after admission to the educational institution in 
which the individual has selected a degree program and all required 
official transcripts have been received.
    (3) When a Service member changes his or her educational goal or 
major at the attending school and the Services' education advisor 
approves the change, then the educational institution will provide a 
new evaluated educational plan to the Service member and the Service 
within 60 days. Only courses listed in the Service member's 
evaluated educational plan will be approved for TA.
    (4) Degree requirements in effect at the time of each Service 
member's enrollment will remain in effect for a period of at least 1 
year beyond the program's standard length, provided the Service 
member is in good academic standing and has been continuously 
enrolled or received an approved academic leave of absence. 
Adjustments to degree requirements may be made as a result of formal 
changes to academic policy pursuant to institutional or departmental 
determination, provided that:
    (a) They go into effect at least 2 years after affected students 
have been notified; or
    (b) In instances when courses or programs are no longer 
available or changes have been mandated by a State or accrediting 
body, the educational institution will identify low or no cost 
solutions, working with affected Service members to identify 
substitutions that would not hinder the student from graduating in a 
timely manner.
    (5) Degree requirements and evaluated educational plans will 
meet educational requirements for credentialing in stated career 
field and graduates of a program will be eligible for relevant 
professional license or certification. Educational institutions will 
disclose any conditions (state or agency limitations) or additional 
requirements (training, experience, or exams) required to obtain 
relevant credentials.
    d. Approved and TA Eligible Courses.
    (1) Approved Courses. If an eligible Service member decides to 
use TA, educational institutions will enroll him or her only after 
the TA is approved by the individual's Service. Service members will 
be solely responsible for all tuition costs without this prior 
approval. This requirement does not prohibit an educational 
institution from pre-

[[Page 27751]]

registering a Service member in a course in order to secure a slot 
in the course. If a school enrolls the Service member before the 
appropriate Service approves Military TA, then the Service member 
could be responsible for the tuition. All Military TA must be 
requested and approved prior to the start date of the course. The 
Military TA is approved on a course-by-course basis and only for the 
specific course(s) and class dates that a Service member requests. 
If a military student ``self-identifies'' their eligibility and the 
Service has not approved the funding, then the Service member will 
be solely responsible for all tuition costs, not the Service.
    (2) TA Eligible Courses. Courses will be considered eligible for 
TA if they are:
    (a) Part of an individual's evaluated educational plan; or
    (b) Prerequisites for courses within the individual's evaluated 
educational plan; or
    (c) Required for acceptance into a higher-level degree program, 
unless otherwise specified by Service regulations.
    e. Use of Financial Aid with TA.
    (1) ``Top-Up'' eligible active duty DoD personnel may use their 
Montgomery or Post-9/11 G.I. Bill benefit in conjunction with TA 
funds from their Service to cover those course costs to the Service 
member that exceed the amount of TA paid by his or her Service. RC 
members who qualify for Montgomery G.I. Bill benefits may use those 
benefits concurrently with TA. RC members who have earned 
entitlement for the Post-9/11 G.I. Bill can use both VA education 
benefits and TA, but VA will only pay for the portion of tuition not 
covered by TA; therefore, the combination of VA education benefits 
and TA will not exceed 100 percent of the actual costs of tuition.
    (2) DoD personnel are entitled to consideration for all forms of 
financial aid that educational institutions make available to 
students at their home campus. Educational institution financial aid 
officers will provide information and application processes for 
Title IV student aid programs, scholarships, fellowships, grants, 
loans, etc., to DoD TA recipients.
    (3) Service members identified as eligible DoD TA recipients, 
who qualify for Pell Grants through ED's student aid program, will 
have their TA benefits applied to their educational institution's 
account prior to the application of their Pell Grant funds to their 
account. Unlike TA funds, which are tuition-restricted, Pell Grant 
funds are not tuition-restricted and may be applied to other 
allowable charges on the account.
    f. Administration of Tuition.
    (1) The Services will provide TA in accordance with DoD- and 
Service-appropriate regulations.
    (2) Educational institutions will comply with these requirements 
for the return of TA funds:
    (a) Return any TA Program funds directly to the Military 
Service, not to the Service member.
    (b) Up to the start date, return all (100 percent) TA funds to 
the appropriate Military Service when the Service member does not:
    (i) begin attendance at the institution or
    (ii) start a course, regardless of whether the student starts 
other courses
    (c) Return any TA funds paid for a course that is cancelled by 
the educational institution.
    (d) Have an institutional policy that returns any unearned TA 
funds on a proportional basis through at least the 60 percent 
portion of the period for which the funds were provided. TA funds 
are earned proportionally during an enrollment period, with unearned 
funds returned based upon when a student stops attending. In 
instances when a Service member stops attending due to a military 
service obligation, the educational institution will work with the 
affected Service member to identify solutions that will not result 
in a student debt for the returned portion.
    (3) Tuition charged to a Service member will in no case exceed 
the rate charged to nonmilitary students, unless agreed upon in 
writing by both the educational institution and the Service.
    (4) Educational institutions will provide their tuition charges 
for each degree program to the Services on an annual basis. Any 
changes in the tuition charges will be provided to and explained to 
all the Services, as soon as possible, but not fewer than 90 days 
prior to implementation.
    (a) Tuition charges at many public institutions are established 
by entities over which they have no jurisdiction, such as State 
legislatures and boards. As such, in some instances tuition 
decisions will not be made within the 90-day requirement window.
    (b) When this happens, the educational institution will request 
a waiver (via the DoD MOU Web page) and provide the Services with 
the new tuition charges. To the extent practicable by State law or 
regulation, Service members already enrolled will not be impacted by 
changes in tuition charges.
    (5) TA invoicing information is located in the Service-specific 
addendums attached to this MOU.
    g. Course Cancellations. Educational institutions are 
responsible for notifying Service members of class cancellations for 
both classroom and DL courses.
    h. Materials and Electronic Accessibility.
    (1) Educational institutions will ensure that course materials 
are readily available, either electronically or in print medium, and 
provide information about where the student may obtain class 
materials at the time of enrollment or registration.
    (2) Educational institution representatives will refrain from 
encouraging or requiring students to purchase course materials prior 
to confirmation of sufficient enrollments to conduct the class. 
Students will be encouraged to verify course acceptance by CCAF (Air 
Force only) or other program(s), with the responsible education 
advisor before enrolling or requesting TA.
    (3) Educational institutions will provide, where available, 
electronic access to their main administrative and academic center's 
library materials, professional services, relevant periodicals, 
books, and other academic reference and research resources in print 
or online format that are appropriate or necessary to support the 
courses offered. Additionally, educational institutions will ensure 
adequate print and non-print media resources to support all courses 
being offered are available at base or installation library 
facilities, on-site Institution resource areas, or via electronic 
transmission.
    i. Graduation Achievement Recognition.
    (1) The educational institution will issue, at no cost to the 
Government, documentation as proof of completion, such as a diploma 
or certificate, to each student who completes the respective program 
requirements and meets all financial obligations.
    (2) In accordance with Service requirements, the educational 
institution will report to the Service concerned those TA recipients 
who have completed a certificate, diploma, or degree program. 
Reporting will occur at least annually and include the degree level, 
major, and program requirements completion date.
    (3) The academic credentials for certificate, diploma, or degree 
completion will reflect the degree-granting educational institution 
and campus authorized to confer the degree.
    (a) If the Service member attends a branch of a large, multi-
branch university system, the diploma may indicate the credential of 
the specific campus or branch of the educational institution from 
which the student received his or her degree.
    (b) Credentials will be awarded to Service members with the same 
institutional designation as non-Service members who completed the 
same course work for a degree from the same institution.
    (4) The educational institution will provide students with the 
opportunity to participate in a graduation ceremony.
    j. Reporting Requirements and Performance Metrics.
    (1) The educational institution will provide reports via 
electronic delivery on all DoD TA recipients for programs and 
courses offered to personnel as required by the cognizant Service. 
This includes, but is not limited to, TA transactions, final course 
grades to include incompletes and withdrawals, degrees awarded, 
certificates earned, evaluated educational plans, courses offered, 
and military graduation. Educational institutions providing face-to-
face courses on a DoD installation will provide a class roster to 
the responsible education advisor. The class roster will include 
information such as the name of the instructor, the first and last 
name of each student (military and non-military), the course title, 
the class meeting day(s), the start and ending time of the class, 
and the class location (e.g., building and room number).
    (a) All reporting and transmitting of this information will be 
done in conformity with all applicable privacy laws, including 
FERPA.
    (b) Educational institutions will respond to these requests in a 
timely fashion, which will vary based on the specific nature and 
scope of the information requested.
    (2) The cognizant Service may evaluate the educational 
institution's overall effectiveness in administering its academic 
program, courses, and customer satisfaction to DoD. A written report 
of the findings will be provided to the educational institution. The 
educational institution will have 90 calendar days to review the 
report, investigate if required, and provide a written response to 
the findings.

[[Page 27752]]

    (3) The Services may request reports from an educational 
institution at any time, but not later than 2 years after 
termination of the MOU with such educational institution. Responses 
to all requests for reports will be provided within a reasonable 
period of time, and generally within 14 calendar days. Institutional 
response time will depend on the specific information sought by the 
Services in the report.
    5. Requirements and Responsibilities for the Delivery of On-
Installation Voluntary Education Programs and Services
    a. The requirements in this section pertain to educational 
institutions operating on a DoD installation.
    An installation MOU:
    (1) Is required if an educational institution is operating on a 
DoD installation.
    (2) Contains only the installation-unique requirements 
coordinated by the responsible education advisor, with concurrence 
from the appropriate Service voluntary education representative, and 
approved by the installation commander.
    (3) Cannot conflict with the DoD Voluntary Education Partnership 
MOU and governing regulations.
    b. Educational institutions will:
    (1) Agree to have a separate installation MOU if they have a 
Service agreement to provide on-installation courses or degree 
programs.
    (2) Comply with the installation-unique requirements in the 
installation MOU.
    (3) Agree to coordinate degree programs offered on the DoD 
installation with the responsible education advisor, who will 
receive approval from the installation commander, prior to the 
opening of classes for registration.
    (4) Admit candidates to the educational institution's on-
installation programs at their discretion; however, priority for 
registration in DoD installation classes will be given in the 
following order:
    (a) Service members.
    (b) Federally funded DoD civilian employees.
    (c) Eligible adult family members of Service members and DoD 
civilian employees.
    (d) Military retirees.
    (e) Non-DoD personnel.
    (5) Provide the responsible education advisor, as appropriate, a 
tentative annual schedule of course offerings to ensure that the 
educational needs of the military population on the DoD installation 
are met and to ensure no course or scheduling conflicts with other 
on-installation programs.
    (6) Provide instructors for their DoD installation courses who 
meet the criteria established by the educational institution to 
qualify for employment as a faculty member on the main 
administrative and academic center.
    (7) Inform the responsible education advisor about cancellations 
for classroom-based classes on DoD installations per the guidelines 
set forth in the separate installation MOU.
    c. The Services' designated installation representative (usually 
the responsible education advisor), will be responsible for 
determining the local voluntary education program needs for the 
serviced military population and for selecting the off-duty 
educational programs to be provided on the DoD installation, in 
accordance with the Services' policies. The Service, in conjunction 
with the educational institution, will provide support services 
essential to operating effective educational programs. All services 
provided will be commensurate with the availability of resources 
(personnel, funds, and equipment). This support includes:
    (1) Classroom and office space, as available. The Service will 
determine the adequacy of provided space.
    (2) Repairs as required to maintain office and classroom space 
in ``good condition'' as determined by the Service, and utility 
services for the offices and classrooms of the educational 
institution located on the DoD installation (e.g., electricity, 
water, and heat).
    (3) Standard office and classroom furnishings within available 
resources. No specialized equipment will be provided.
    (4) Janitorial services in accordance with DoD installation 
facility management policies and contracts.
    d. The Service reserves the right to disapprove DoD installation 
access to any employee or agent of the educational institution 
employed to carry out any part of this MOU.
    e. Operation of a privately owned vehicle by educational 
institution employees on the DoD installation will be governed by 
the DoD installation's policies.
    f. The responsible education advisor will check with his or her 
Service's responsible office for voluntary education before allowing 
an educational institution to enter into an MOU with the DoD 
installation.
    6. Review, Modifications, Signatures, Effective Date, Expiration 
Date, and Cancellation Provision.
    a. Review. The signatories (or their successors) will review 
this MOU periodically in coordination with the Services, but no less 
than every 5 years to consider items such as current accreditation 
status, updated program offerings, and program delivery services.
    b. Modifications. Modifications to this MOU will be in writing 
and, except for those required due to a change in State or Federal 
law, will be subject to approval by both of the signatories below, 
or their successors.
    c. Signatures. The authorized signatory for DoD will be 
designated by the USD(P&R). The authorized signatory for the 
educational institution will be determined by the educational 
institution.
    d. Effective Date. This MOU is effective on the date of the 
later signature.
    e. Expiration Date. This MOU will expire 5 years from the 
effective date, unless terminated or updated prior to that date in 
writing by DoD or the educational institution.
    f. Cancellation Provision. This MOU may be cancelled by either 
DoD or the educational institution 30 days after receipt of the 
written notice from the cancelling party. In addition, termination 
and suspension of an MOU with an educational institution may be done 
at any time for failure to follow a term of this MOU or misconduct 
in accordance paragraphs (a)(18)(i) through (a)(18)(iii) of Sec.  
68.6.

FOR THE DEPARTMENT OF DEFENSE:

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DESIGNATED SIGNATORY

-----------------------------------------------------------------------
DATE

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FOR THE EDUCATIONAL INSTITUTION:

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PRESIDENT or Designee

-----------------------------------------------------------------------
DATE

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Appendix B to Part 68--Addendum for Education Services Between [Name of 
Educational Institution] and the U.S. Air Force (USAF)

    1. Purpose. This addendum is between (Name of Educational 
Institution), hereafter referred to as the ``Institution,'' and the 
United States Air Force (USAF). The purpose of this agreement is to 
provide guidelines and procedures for the delivery of educational 
services to Service members, DoD civilian employees, eligible adult 
family members, military retirees, and non-DoD personnel not covered 
in the DoD Voluntary Education Partnership Memorandum of 
Understanding (MOU) between the DoD Office of the Under Secretary of 
Defense for Personnel and Readiness and the Institution. This 
addendum is not to be construed in any way as giving rise to a 
contractual obligation of the USAF to provide funds to the 
Institution that would be contrary to Federal law.
    2. Responsibilities.
    a. USAF Education and Training Section (ETS) Chief. The USAF ETS 
Chief will:
    (1) Maintain a continuing liaison with the designated 
Institution representative and be responsible for inspections and 
the acceptance of the Institution's services. The ETS Chief will 
assist the Institution representative to provide military and USAF 
culture orientation to the Institution personnel.
    (2) Review requests from Institutions with no on-installation 
MOU for permission of DoD installation access and space within the 
ETS to counsel current students, provide information briefings and 
materials, attend education fairs, and provide other informational 
services approved by the installation commander. Approval depends on 
the installation commander. Approval of any school eligible for 
Military TA will be extended equally to all such schools; same time 
allotment, space, and frequency.
    (3) Assist the Institution or refer them to the information 
technology contractor for training in the use of the Academic 
Institution Portal (AI Portal) regarding input of Institution 
information, degree offerings, tuition rates, grades, invoices, 
degree completions, and search tools pre-built into the USAF online 
Voluntary Education System.
    b. Institutions will:
    (1) Appoint and designate an Institution representative to 
maintain a continuing liaison with the USAF ETS Chief.
    (2) Provide general degree requirements to each member for his 
or her education program and the ETS as soon as he or she

[[Page 27753]]

makes known their intention to register with the Institution and 
while awaiting final evaluation of transfer credits.
    (3) Assume responsibility for the administration and proctoring 
of all course examinations not normally administered and proctored 
within the traditional, in-the-classroom setting.
    (4) Provide to airmen, upon their request, information on 
Institution policies including, but not limited to, course 
withdrawal dates and penalties, course cancellation procedures, 
course grade publication, billing practices, and policy regarding 
incompletion of a course. Face-to-face counseling is not required.
    (5) Register and use the AI Portal to input Institution basic 
information, degree offerings, tuition rates, invoice submission, 
course grades submission, degree completions, and to pull pre-
established educational institution reports while conducting 
business with the USAF.
    (6) Submit one consolidated invoice per term via the AI Portal 
for each class in which active duty military airmen are enrolled 
using Mil TA. Submission will be made during the term, no earlier 
than after the final add/drop/census date, and no later than 30 
calendar days after the end of the term.
    (7) Submit course grades via the AI Portal for each class in 
which active duty military airmen are enrolled using Mil TA. 
Submission will be made no later than 30 calendar days after the end 
of the term.
    (8) Adopt the AI Portal procedures for all payment processing. 
Institutions with a current waiver may continue to participate at 
the discretion of Air Force Voluntary Education Branch.
    (9) Provide a list of program graduates via the AI Portal 
consisting of student name, program title, program type (such as 
bachelor's degree), and date of graduation no later than 30 calendar 
days after the end of the term in which graduation requirements are 
completed. If the AI Portal is not available, provide directly to 
the base Education and Training Section.
    c. Institutions with no on-installation MOU are authorized to 
request permission for DoD installation access and space within the 
ETS to counsel current students, provide information briefings and 
materials, attend education fairs, and other informational services. 
Approval depends on the installation commander. If approval is 
granted, then all other permissions will be authorized equally for 
any school eligible for Military TA; the same time allotment, space, 
and frequency.
    d. All Institutions with an on-installation MOU or invitation 
for an on-installation activity, such as an educational fair, are 
authorized to counsel or provide information on any of their 
programs.
    3. Additional Guidelines
    a. In addition to DoD policy outlined in the DoD Voluntary 
Education Partnership MOU, the authorization of Mil TA is further 
governed by Air Force Instruction (AFI) 36-2306, as well as 
applicable policy and guidance.
    b. DoD installation access of non-DoD and non-installation 
personnel is at the discretion of the installation commander. Access 
once provided can be revoked at any time due to military necessity 
or due to conduct that violates DoD installation rules or policies.
    c. No off-base school will be given permanent space or scheduled 
for regularly recurring time on-base for student counseling.

Appendix C to Part 68--Addendum for Education Services Between [Name of 
Educational Institution] and the U.S. Army

    1. Purpose. This addendum is between (Name of Educational 
Institution), hereafter referred to as the ``Institution,'' and the 
United States Army. The purpose of this agreement is to provide 
guidelines and procedures for the delivery of educational services 
to Service members, DoD civilian employees, eligible adult family 
members, military retirees, and non-DoD personnel not covered in the 
DoD Voluntary Education Partnership Memorandum of Understanding 
between the DoD Office of the Under Secretary of Defense for 
Personnel and Readiness and the Institution. This addendum is not to 
be construed in any way as giving rise to a contractual obligation 
of the U.S. Army to provide funds to the Institution that would be 
contrary to Federal law.
    2. Responsibilities.
    a. Army Education Services Officer (ESO): In support of this 
addendum, the Army ESO will maintain a continuing liaison with a 
designated Institution representative and be responsible for 
inspections and the acceptance of the Institution's services. The 
ESO will provide assistance to the Institution representative to 
provide military and Army culture orientation to the Institution 
personnel.
    b. Institutions. The Institution will:
    (1) Appoint and designate an Institution representative to 
maintain a continuing liaison with the Army ESO.
    (2) Adopt the GoArmyEd processes. GoArmyEd is the Army 
Continuing Education System (ACES) centralized and streamlined 
management system for the Army's postsecondary voluntary education 
programs. Existing MOUs or Memorandums of Agreement, Tri-Services 
contracts, or other contracts that Institutions may have with DoD 
installations and ACES remain in place and will be supplemented with 
DoD Instruction 1322.25.
    (3) Agree to all of the terms in the ACES policies and 
procedures, available at https://www.hrc.army.mil/site/education/GoArmyEd_School_Instructions.html, such as: Invoicing, grades, 
reports, library references, etc. For non-Letter of Instruction 
(LOI) institutions satisfying paragraph 3.f. of this MOU, any 
requirements in ACES policies and procedures requiring institutions 
to be a member of SOC are hereby waived.
    (4) Institutions currently participating with GoArmyEd as LOI 
and non-LOI schools, may continue to do so at the discretion of 
Headquarters, ACES. Non-LOI schools will be subject to the 
requirements of paragraphs 2.b.(2) and 2.b.(3) of this MOU only to 
the extent that their existing non-LOI agreement with the U.S. Army 
provides.

Appendix D to Part 68--Addendum for Education Services Between [Name Of 
Educational Institution] and the U.S. Marine Corps

    1. Purpose. This addendum is between (Name of Educational 
Institution), hereafter referred to as the ``Institution,'' and the 
U.S. Marine Corps. The purpose of this agreement is to provide 
guidelines and procedures for the delivery of educational services 
to Service members, DoD civilian employees, eligible adult family 
members, military retirees, and non-DoD personnel not covered in the 
DoD Voluntary Education Partnership Memorandum of Understanding 
between the DoD Office of the Under Secretary of Defense for 
Personnel and Readiness and the Institution. This addendum is not to 
be construed in any way as giving rise to a contractual obligation 
of the U.S. Marine Corps to provide funds to the Institution that 
would be contrary to Federal law.
    2. Responsibilities.
    a. Marine Corps Education Services Officer (ESO): In support of 
this addendum, the Marine Corps ESO will maintain a continuing 
liaison with a designated Institution representative and be 
responsible for inspections and the acceptance of the Institution's 
services. The ESO will provide assistance to the Institution 
representative to provide military and Marine Corps culture 
orientation to the Institution personnel.
    b. Institution. The Institution will:
    (1) Appoint and designate an Institution representative to 
maintain a continuing liaison with the Marine Corps ESO.
    (2) Provide open enrollment during a designated time periods in 
courses conducted through media (e.g., portable media devices or 
computer-aided). Those courses will be on an individual enrollment 
basis.
    (3) When operating on a Marine Corps installation, provide all 
required equipment when the Institution provides instruction via 
media.
    (4) When operating on a Marine Corps installation, provide 
library services to the Marine Corps installation for students in 
the form of research and reference materials (e.g., books, 
pamphlets, magazines) of similar quality to the support provided 
students on the institution's home campus. Services will also 
include research and reference material in sufficient quantity to 
meet curriculum and program demands. Materials will be, at a 
minimum, the required readings of the instructor(s) for a particular 
course or program, or the ability for the student to request a copy 
of such material, from the institution's main library, without any 
inconvenience or charge to the student (e.g., a library computer 
terminal that may allow students to order material and have it 
mailed to their residence).
    (5) Permit employment of off-duty military personnel or 
Government civilian employees by the institution, provided such 
employment does not conflict with the policies set forth in DoD 
Regulation 5500.7-R. However, Government personnel employed in any 
way in the administration of this addendum will be excluded from 
such employment because of conflict of interest.

[[Page 27754]]

    3. Billing Procedures, And Formal Grades.
    a. Comply with wide area work flow process for invoicing tuition 
assistance available at https://www.navycollege.navy.mil/links.
    b. Grades will be submitted through the Navy College Management 
Information System grade entry application.
    c. Grade reports will be provided to the Naval Education and 
Training Professional Development and Technology Center within 30 
days of term ending or completion of the course, whichever is 
earlier.

Appendix E to Part 68--Addendum for Education Services Between [Name of 
Educational Institution] and the U.S. Navy

    1. Purpose. This addendum is between (Name of Educational 
Institution), hereafter referred to as the ``Institution,'' and the 
U.S. Navy. The purpose of this agreement is to provide guidelines 
and procedures for the delivery of educational services to Service 
members, DoD civilian employees, eligible adult family members, 
military retirees, and non-DoD personnel not covered in the DoD 
Voluntary Education Partnership Memorandum of Understanding (MOU) 
between the DoD Office of the Under Secretary of Defense for 
Personnel and Readiness and the Institution. This addendum is not to 
be construed in any way as giving rise to a contractual obligation 
of the Department of the Navy to provide funds to the Institution 
that would be contrary to Federal law.
    2. Responsibilities.
    a. Commanding Officer responsible for execution of the Voluntary 
Education Program. The commanding officer responsible for execution 
of the voluntary education program will:
    (1) Determine the local voluntary education program needs for 
the Navy population to be served and recommend to the installation 
commander the educational programs to be offered on the base;
    (2) Administer this agreement and provide program management 
support;
    (3) Manage the Navy College Program Distance Learning 
Partnership (NCPDLP) agreements.
    b. Navy College Office (NCO): In support of this addendum, the 
NCO will maintain a continuing liaison with the designated 
Institution representative and be responsible for inspections and 
the acceptance of the Institution's services. The NCO will provide 
assistance to the Institution representative to provide military and 
Navy culture orientation to the Institution personnel.
    c. Institution. The Institution will:
    (1) If a distance learning partner institution:
    (i) Comply with NCPDLP agreements, if an institution 
participates in NCPDLP.
    (ii) Provide a link to the institution through the Navy College 
Program Web site, only if designated as an NCPDLP school.
    (iii) Display the Institution's advertising materials (i.e., 
pamphlets, posters, and brochures) at all NCOs, only if designated 
as an NCPDLP school.
    (2) Appoint and designate an Institution representative to 
maintain a continuing liaison with the NCO staff.
    (3) Comply with wide area work flow processes for invoicing of 
tuition assistance available at https://www.navycollege.navy.mil/links. Grades will be submitted to the Navy College Management 
Information System grade entry application.
    (4) Ensure library resource arrangements are in accordance with 
the standards of the Institution's accrediting association and the 
State regulatory agency having jurisdiction over the Institution.
    (5) Respond to email messages from students within a reasonable 
period of time--generally within two workdays, unless extenuating 
circumstances would justify additional time.
    (6) Comply with host command procedures before starting 
instructor-based courses on any Navy installation. The NCO will 
negotiate a separate agreement with the Institution in concert with 
the host command procedures.
    (7) Mail an official transcript indicating degree completion, at 
no cost to the sailor or the Government to: Center for Personal and 
Professional Development, ATTN: Virtual Education Center, 1905 
Regulus Ave., Suite 234, Virginia Beach, VA 23461-2009.

    Dated: May 9, 2014.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2014-11044 Filed 5-14-14; 8:45 am]
BILLING CODE 5001-06-P
```