27732 Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Rules and Regulations 

List of Subjects in 29 CFR Part 4022 

Employee benefit plans, Pension 

insurance, Pensions, Reporting and 

recordkeeping requirements. 

In consideration of the foregoing, 29 

CFR part 4022 is amended as follows: 

PART 4022—BENEFITS PAYABLE IN 

TERMINATED SINGLE-EMPLOYER 

PLANS 

■ 1. The authority citation for part 4022 

continues to read as follows: 

Authority: 29 U.S.C. 1302, 1322, 1322b, 

1341(c)(3)(D), and 1344. 

■ 2. In appendix B to part 4022, Rate Set 

248, as set forth below, is added to the 

table. 

Appendix B to Part 4022—Lump Sum 

Interest Rates for PBGC Payments 

* * * * * 

Rate set 

For plans with a valuation date Immediate 

annuity rate 

(percent) 

Deferred annuities 

(percent) 

On or after Before i1 i2 i3 n1 n2

*******

248 6–1–14 7–1–14 1.25 4.00 4.00 4.00 7 8 

■ 3. In appendix C to part 4022, Rate Set 

248, as set forth below, is added to the 

table. 

Appendix C to Part 4022—Lump Sum 

Interest Rates for Private-Sector 

Payments 

* * * * * 

Rate set 

For plans with a valuation date Immediate 

annuity rate 

(percent) 

Deferred annuities 

(percent) 

On or after Before i1 i2 i3 n1 n2

*******

248 6–1–14 7–1–14 1.25 4.00 4.00 4.00 7 8 

Issued in Washington, DC, on this 8th day 

of May 2014. 

Judith Starr, 

General Counsel, Pension Benefit Guaranty 

Corporation. 

[FR Doc. 2014–11209 Filed 5–14–14; 8:45 am] 

BILLING CODE 7709–02–P 

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. 

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 


TKELLEY on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Rules and Regulations 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: 

Æ 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. 

Æ Will not use unfair, deceptive, and 

abusive recruiting practices. 

Æ 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 Servicespecific 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. 


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27734 Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Rules and Regulations 

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 § 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 § 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 § 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 § 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. 


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Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Rules and Regulations 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 § 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 

§ 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 Servicespecific 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 § 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 


TKELLEY on DSK3SPTVN1PROD with RULES
27736 Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Rules and Regulations 

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 § 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 § 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 § 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 § 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 § 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 § 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 


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Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Rules and Regulations 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 9§ 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. 

§ 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 


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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 Servicespecific TA eligibility criteria and 

management controls. 

(d) Establishes the Interservice 

Voluntary Education Board. 

§ 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’’). 

§ 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 


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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. 

§ 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-GuideOnline.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 semesterhour (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 


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27740 Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Rules and Regulations 

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 

§ 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. 

§ 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 semesterhour (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 § 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 

§ 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 online 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 § 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 


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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 § 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 DoDestablished 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 fieldgrade 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 Servicespecific 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 § 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 § 68.6. 

§ 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 


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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 semesterhour 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 inthe-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 


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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 


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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 oninstallation 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 Servicesponsored, 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-byexamination 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-ofpocket 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 Statefunded 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 


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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 oninstallation 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 


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selection, assignment, and orientation; 

and participation in monitoring and 

evaluation of programs. Adjunct or parttime 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. 


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Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Rules and Regulations 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 TriService 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 


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27748 Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Rules and Regulations 

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 fastpaced 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 allvolunteer 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 (oninstallation, 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 


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Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Rules and Regulations 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/college

navigator/. 

(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/payingfor-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. 


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27750 Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Rules and Regulations 

(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-ofstate). 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 preVerDate Mar<15>2010 16:15 May 14, 2014 Jkt 232001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\15MYR1.SGM 15MYR1

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Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Rules and Regulations 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 higherlevel 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 Post9/11 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 tuitionrestricted, Pell Grant funds are not tuitionrestricted 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 Serviceappropriate 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 nonmilitary), 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. 


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27752 Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Rules and Regulations 

(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 classroombased 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 

§ 68.6. 

FOR THE DEPARTMENT OF DEFENSE: 

lllllllllllllllllllll

DESIGNATED SIGNATORY 

lllllllllllllllllllll

DATE 

lllllllllllllllllllll

FOR THE EDUCATIONAL INSTITUTION: 

lllllllllllllllllllll

PRESIDENT or Designee 

lllllllllllllllllllll

DATE 

lllllllllllllllllllll

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 


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Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Rules and Regulations 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-theclassroom 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. 


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27754 Federal Register / Vol. 79, No. 94 / Thursday, May 15, 2014 / Rules and Regulations 

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 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2014–0313] 

Safety Zone; Spangler Event 

Productions, San Diego, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the Spangler Event Productions firework 

display safety zone on May 17, 2014. 

This marine event occurs on the 

navigable waters of San Diego Bay, 

immediately to the west of the USS 

MIDWAY, in San Diego, California. This 

action is necessary to provide for the 

safety of the participants, crew, 

spectators, safety vessels, and general 

users of the waterway. During the 

enforcement period, persons and vessels 

are prohibited from entering into, 

transiting through, or anchoring within 

this regulated area unless authorized by 

the Captain of the Port, or his 

designated representative. 

DATES: This rule is effective from 9:30 

p.m. to 10:00 p.m. on May 17, 2014. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or email Petty Officer Giacomo Terrizzi, 

Waterways Management, U.S. Coast 

Guard Sector San Diego, CA; telephone 

(619) 278–7261, email 

Giacomo.Terrizzi@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zone in 

San Diego Bay for the Spangler Event 

Productions fireworks display in 33 CFR 

165.1123, Table 1, Item 6 from 9:30 p.m. 

to 10:00 p.m. 

Under the provisions of 33 CFR 

165.1123, persons and vessels are 

prohibited from entering into, transiting 

through, or anchoring within the 300 

foot regulated area safety zone the tug 

and barge unless authorized by the 

Captain of the Port, or his designated 

representative. Persons or vessels 

desiring to enter into or pass through 

the safety zone may request permission 

from the Captain of the Port or a 

designated representative. If permission 

is granted, all persons and vessels shall 

comply with the instructions of the 

Captain of the Port or designated 

representative. Spectator vessels may 

safely transit outside the regulated area, 

but may not anchor, block, loiter, or 

impede the transit of participants or 

official patrol vessels. The Coast Guard 

may be assisted by other Federal, State, 

or local law enforcement agencies in 

enforcing this regulation. 

This notice is issued under authority 

of 5 U.S.C. 552(a) and 33 CFR 165.1123. 

In addition to this notice in the Federal 

Register, the Coast Guard will provide 

the maritime community with advance 

notification of this enforcement period 

via the Local Notice to Mariners, 

Broadcast Notice to Mariners, and local 

advertising by the event sponsor. 

If the Captain of the Port Sector San 

Diego or his designated representative 

determines that the regulated area need 

not be enforced for the full duration 

stated on this notice, he or she may use 

a Broadcast Notice to Mariners or other 

communications coordinated with the 

event sponsor to grant general 

permission to enter the regulated area. 

Dated: April 30, 2014. 

S.M. Mahoney, 

Captain, U.S. Coast Guard Captain of the 

Port San Diego. 

[FR Doc. 2014–11140 Filed 5–14–14; 8:45 am] 

BILLING CODE 9110–04–P 


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