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[Federal Register Volume 78, Number 157 (Wednesday, August 14, 2013)]
[Proposed Rules]
[Pages 49382-49400]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19747]

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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 68

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

Voluntary Education Programs

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

ACTION: Proposed rule.

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SUMMARY: In this proposed rule, the Department of Defense (DoD) 
discusses 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 military 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.

DATES: Comments must be received by September 30, 2013.

FOR FURTHER INFORMATION CONTACT: For general information concerning DoD 
Voluntary Education Programs, send a written inquiry to Ms. Carolyn 
Baker, 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 (Phone: 571-372-5355 or email: 
carolyn.baker@osd.mil).

SUPPLEMENTARY INFORMATION: 

Executive Summary

    This proposed 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 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, a 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 
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 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) prior to participating in DoD Voluntary 
Education Programs, such as the military tuition assistance program. As 
of June 25, 2013, 3,155 IHLs with a total of 4,180 sub-campuses have 
signed the DoD MOU.
    This new proposed 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 EO, 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

[[Page 49383]]

in the previous 2012 final rule; the remaining principles are now 
included in this proposed rule. The President requested the principles 
be implemented for school year 2013-2014.
    New requirements covered in the proposed rule include:
    (1) Require all educational institutions providing education 
programs through the DoD Tuition Assistance (TA) Program:
    (a) 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.
    (b) Will not use unfair, deceptive, and abusive recruiting 
practices.
    (c) Will provide academic and student support services to Service 
members and their families.
    (2) Implement rules to strengthen existing procedures for access to 
military installations by educational institutions.
    (3) Require DoD to conduct 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.
    (4) Require the Military Departments to provide their Service 
members with a joint services transcript (JST).
    (5) Implement the DoD Postsecondary Education Complaint System for 
Service members, spouses, and adult family members to register student 
complaints.
    (6) Authorize the Military Departments to establish Service-
specific TA eligibility criteria and management controls.

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 and approximately 
$568 million in FY12. During FY11, 325,324 Service members received TA 
for 866,788 courses. During FY12, 286,665 Service members received TA 
for 874,094 courses. A total of 45,220 degrees/diplomas/certificates 
were earned in FY11 and 50,497 in FY12. Operational costs totaled 
approximately $102 million in FY11 and $92 million in FY12. 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.

Section 202, Public Law 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 96-354, ``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 military 
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 submitted to 
the Office of Management and Budget and approved under OMB Control 
Number 0704-0501, ``Postsecondary Education Complaint Intake System.'' 
While DoD believes that the collection instrument and burden numbers 
will not change, DoD welcomes additional comments on this collection of 
information.
    Section 68.1(c)(5) of this proposed rule contains information 
collection requirements. Comments are invited on: (a) Whether the 
proposed collection of information is necessary for the proper 
performance of the functions of DoD, including whether the information 
will have practical utility; (b) the accuracy of the estimate of the 
burden of the proposed information collection; (c) ways to enhance the 
quality, utility, and clarity of the information to be collected; and 
(d) ways to minimize the burden of the information collection on 
respondents, including the use of automated collection techniques or 
other forms of information technology.
    Title: Postsecondary Education Complaint Intake System.
    Type of Request: New.
    Number of Respondents: 100.
    Responses per Respondent: 1.
    Annual Responses: 100.
    Average Burden per Response: 10 minutes.
    Annual Burden Hours: 17 hours.
    Needs and Uses: The information collection requirement is necessary 
to obtain, document, and respond to complaints, questions, and other 
information concerning postsecondary education and services provided to 
military students, veterans, and their

[[Page 49384]]

adult family members. The President's Executive Order 13607, signed on 
April 27, 2012, calls for the creation of a robust, centralized 
complaint process for students receiving Federal military and veterans' 
educational benefits. The web based intake documents information 
electronically such as the level of study of the student, school the 
student is attending, type of education benefits being used, branch of 
the military service, substance of the complaint or issue, and 
preferred contact information for the person making the complaint.
    Affected Public: Individuals and households.
    Frequency: On occasion.
    Respondent's Obligation: Voluntary.
    OMB Desk Officer: Written comments and recommendations on the 
proposed information collection should be sent to Ms. Jasmeet Seehra at 
the Office of Management and Budget, DoD Desk Officer, Room 10102, New 
Executive Office Building, Washington, DC 20503, with a copy to Ms. 
Carolyn Baker, 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. Comments to OMB will be most 
useful if received by OMB within 30 days after the date of this notice.
    You may also submit comments, identified by docket number and 
title, by the following method:
    * Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the instructions for submitting comments.
    Instructions: All submissions received must include the agency 
name, docket number and title for this Federal Register document. The 
general policy for comments and other submissions from members of the 
public is to make these submissions available for public viewing on the 
Internet at http://www.regulations.gov as they are received without 
change, including any personal identifiers or contact information.
    To request more information on this proposed information collection 
or to obtain a copy of the proposal and associated collection 
instruments, please write to Ms. Carolyn Baker, 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, or call Ms. 
Baker at 571-372-5355.

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 proposed to be revised to read as 
follows:

PART 68--VOLUNTARY EDUCATION PROGRAMS

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

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

Sec.  68.1  Purpose.

    This part:
    (a) Implements policy, assigns responsibilities, and prescribes 
procedures for the operation of voluntary education programs in the 
DoD.
    (b) Establishes policy stating the eligibility criteria for tuition 
assistance (TA) and the requirement for a memorandum of understanding 
(MOU) from all educational institutions providing educational programs 
through the DoD TA Program.
    (c) Establishes new 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 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 
military installations by educational institutions.
    (3) Requires an annual review and notification process of uniform 
semester-hour (or equivalent) TA caps and annual TA ceilings.
    (4) Requires the Military Departments to provide their Service 
members with a joint services transcript (JST).
    (5) Implements the DoD Postsecondary Education Complaint System for 
Service members, spouses, and adult family members to register student 
complaints.
    (6) Authorizes the Military Departments to establish Service-
specific TA eligibility criteria and management controls.
    (d) Establishes the Interservice Voluntary Education Board.

Sec.  68.2  Applicability.

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

Sec.  68.3  Definitions.

    The following terms and their definitions are for the purpose of 
this part:
    Academic. Relating to education, educational studies, an 
educational institution, or the educational system.
    Academic institution. A college, university, or other postsecondary 
educational institution of higher education.
    Academic institution representative. An employee of the academic 
institution.

[[Page 49385]]

    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 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. 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. An 
automated official document generated by the Army/ACE Registry 
Transcript System which can be 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 Army/ACE Registry 
Transcript System is incorporated in the joint services transcript.
    Degree requirements. A planning document provided by the 
educational institution that outlines general required courses to 
complete an educational program. The planning document presents the 
general education and major-related course requirements, degree 
competencies (e.g., foreign language, computer literacy), and elective 
course options that students may choose for specified program of study.
    Education advisor. A professionally qualified, subject matter 
expert or program manager in the Education Services Series 1740 at the 
installation 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 military installation facility, including 
office space, classrooms, laboratories, and other features, that is 
staffed with professionally qualified personnel and to conduct 
voluntary education programs. For Navy, this is termed the ``Navy 
College Office.''
    Educational plan. A planning document provided by the educational 
institution that outlines general degree requirements for graduation. 
Typically an educational plan presents the general education and major-
related course requirements, degree competencies (e.g., foreign 
language, computer literacy), and elective course options that students 
may choose for a specified program of study. This document is required 
from the institution prior to the enrollment of the Service member at 
the 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 official academic document provided 
by the educational institution that:
    (1) Articulates all degree requirements required 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 education plan will identify 
required courses, College Level Examination Program, and DSST (formally 
known as the DANTES Subject Standardized Tests) Program, and potential 
American Council on Education recommended college credits for training 
and experiences, which are applicable to courses study leading to a 
degree. Education advisors will assist Service members in developing 
their education plan for final approval by the educational institution. 
For participating SOC Degree Network System institutions, SOC Army 
Degrees, SOC Navy Degrees, SOC Marine Corps Degrees, or SOC Coast Guard 
Degrees Student Agreement serves as this documented educational plan.
    Individual Ready Reserve (IRR). A manpower pool consisting 
principally 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. 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 joint services 
transcript 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.
    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. An automated official document generated by the Sailor/Marine 
American Council on Education Registry Transcript System, which can be 
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 Sailor/Marine ACE Registry Transcript

[[Page 49386]]

System is incorporated in the joint services transcript.
    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.
    SOC or Servicemembers Opportunity Colleges. 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.
    TA or tuition assistance. 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.
    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 chapter 30 of the Montgomery G.I. Bill and 
Post- 9/11 G.I. Bill, that enables active duty Service members 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. The G.I. Bill 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 G.I. Bill. The Post-9/11 entitlement is charged 
based on the enrolled amount of time. 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. benefits.
    Troops-to-Teachers program (TTT). A Department of Education program 
administered by the DoD to help recruit quality teachers for schools 
that serve low-income families throughout America. TTT helps relieve 
teacher shortages, especially in math, science, special education, and 
other high-needs subject areas, and assists military personnel in 
making successful transitions to second careers in teaching.
    Voluntary education programs. Continuing, adult, or postsecondary 
education programs of study that Service members elect to participate 
in during their off-duty time, and that are available to other members 
of the military community.

Sec.  68.4  Policy.

    It is DoD policy, consistent with DoD Directive 1322.08E, 
``Voluntary Education Programs for Military Personnel'' (available at 
http://www.dtic.mil/whs/directives/corres/pdf/132208p.pdf), that:
    (a) Members of the Military Services serving on active duty and 
members of the Selected Reserve (SELRES) will be afforded the 
opportunity to complete their high school education through a state-
funded or Service component sponsored program; earn an equivalency 
diploma, improve their academic skills or level of literacy, enroll in 
career and technical education schools, receive college credit for 
military training and experience in accordance with the American 
Council on Education (ACE) Guide to the Evaluation of Educational 
Experiences in the Armed Services (available at http://www.acenet.edu/news-room/Pages/Military-Guide-Online.aspx), take tests to earn college 
credit, and enroll in postsecondary education programs that lead to 
industry-recognized credentials, and undergraduate and graduate 
degrees.
    (b) On an annual basis, the Under Secretary of Defense for 
Personnel and Readiness (USD(P&R)), in coordination with the Military 
Departments no later than the end of second quarter of the current 
fiscal year, will review the uniform semester-hour (or equivalent) TA 
caps and annual TA ceilings to determine possible changes for the 
upcoming year. If there are any changes in the uniform semester-hour 
(or equivalent) caps and annual TA ceilings, a memorandum will be 
released from the USD(P&R), in coordination with the Military 
Departments, and a corresponding notice will be published in the 
Federal Register. 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.
    (c) Information and professional adult academic education 
counseling about voluntary education programs will be readily available 
and easy to access so that Service members can make informed decisions 
concerning educational opportunities available. Education counseling 
will be provided by qualified professional (Education Services Series 
1740 or individual with equivalent qualifications) individuals 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.
    (ii) Prevent unfair, deceptive, and abusive recruiting practices 
that target Service members.
    (iii) Provide academic and student support services specific to the 
institutions' programs to all Service members, spouses and adult family 
members.
    (2) DoD will implement a complaint system for Service members, 
spouses, and adult family members that will register, track, and 
respond to student complaints on-line. Educational institutions that 
have an MOU with DoD with reoccurring complaints or an unwillingness to 
resolve complaints will be removed from the DoD MOU Participating 
Institutions list and will not be authorized to participate in the DoD 
TA Program.
    (e) Institutions accredited by a national or regional accrediting 
agency recognized by the U.S. Department of Education (ED) will be 
encouraged to provide degree programs on military installations and the 
Military Services will facilitate their operations on the installations 
referred to in paragraph (c) of Sec.  68.6.
    (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 military installation at 
no cost to the individual Service TA programs.

Sec.  68.5  Responsibilities.

    (a) The USD(P&R):
    (1) Monitors implementation of and ensures compliance with this 
part and DoD Directive 1322.08E.
    (2) Establishes rates of tuition assistance (TA) and ensures 
uniformity across the Military Services as required by DoD Directive 
1322.08E and this part. The uniform semester-hour (or equivalent) TA 
caps and annual TA ceilings will be reviewed annually and if changed, a 
memorandum from the USD(P&R) will be released following coordination 
with each of the Military Departments. Additionally, if the

[[Page 49387]]

uniform TA rates are changed, a notice will be published in the Federal 
Register at approximately the start of the fiscal year.
    (3) Establishes, 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) Maintains a program to assess the effectiveness of the 
voluntary education programs.
    (5) Issues written supplemental guidance annually for the funding 
and operation of the Defense Activity for Non-Traditional Education 
Support (DANTES) for those items not reflected in paragraph (f) of 
Sec.  68.6.
    (b) The Assistant Secretary of Defense for Readiness and Force 
Management (ASD(R&FM)), under the authority, direction, and control of 
the USD(P&R) will:
    (1) Provide administrative assistance to the Deputy Assistant 
Secretary of Defense for Military Community and Family Policy 
(DASD(MCFP)), in support of the voluntary education programs.
    (2) Respond to matters that are referred by the DASD(MCFP).
    (c) The DASD(MCFP), under the authority, direction, and control of 
the ASD(R&FM), will:
    (1) Monitor compliance with this part and DoD Directive 1322.08E 
and related issuances by personnel under his or her authority, 
direction, and control.
    (2) Oversee the DoD Voluntary Education Program.
    (3) Provide ongoing and routine clarifying guidance for the DoD 
Voluntary Education Program.
    (4) Provide representatives to professional education and cross-
agency panels addressing issues impacting the DoD Voluntary Education 
Program, its regulatory scope, clientele, and partners.
    (5) Designate the Voluntary Education Chief within the Office of 
the DASD(MCFP) as the Chair of the Interservice Voluntary Education 
Board and oversee implementation of Board and DANTES procedures as 
detailed in Sec.  68.6 of this part.
    (6) Oversee the DoD Postsecondary Education Complaint System 
through which Service members, spouses, and adult family members 
receiving Federal military and veterans educational benefits can 
register on-line complaints that will be tracked and responded to by 
the Departments of Defense, Veterans Affairs, Justice, and Education, 
the Consumer Finance Protection Bureau, and other relevant agencies. 
The DoD Postsecondary Education Complaint System is Web-based and 
accessible on-line at https://afaems.langley.af.mil/vemis/DoD.Postsecondary.ED.Complaint.System. This complaint system contains 
the uniform procedures for the processing of the complaint intake form 
(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 installation, in the community, and via distance learning (DL). It 
assists in improving the quality of the delivery of these programs 
through recommendation to institutions, installations, and the Military 
Services.
    (i) DASD(MCFP) will monitor actions by the Military Services to 
resolve recommendations for improvement identified on the respective 
Military Service's installation during the Third Party Education 
Assessment.
    (ii) DASD(MCFP) will monitor actions provided to the DoD Voluntary 
Education Chief by institutions operating off the military installation 
or via DL to resolve recommendations for improvement identified during 
Third Party Education Assessments. These 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 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 USD(P&R) 
regarding the funding and operation of DANTES for those items not 
reflected in paragraph (f) of Sec.  68.6.
    (9) Oversee the policy of the joint services transcript (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 Reserve Component 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 respective authority, 
direction, and control.
    (2) Establish, maintain, coordinate, and operate voluntary 
education programs that encompass a broad range of educational 
experiences including, but not limited to, academic skills development, 
high school completion programs, vocational programs, career and 
technical programs, and programs leading to the award of undergraduate 
and graduate degrees.
    (3) Require that sufficient funding is available to provide Service 
members with TA support consistent with the requirements in Sec.  68.6 
and appendices A, B, C, D, and E to this part.
    (4) Require that educational counseling is available to Service 
members so they will have sufficient information and guidance to plan 
an appropriate program of study. Educational counseling will be 
provided by qualified professional (Education Services Series 1740 or 
individual with equivalent qualifications) individuals.
    (5) Require that voluntary education programs participate in the 
DoD established third-party review process entitled the Third Party 
Education Assessment.
    (i) Within 6 months following 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 
institution operating on their respective installation, the Military 
Service will coordinate the submission of corrective actions taken by 
institution(s) through the appropriate Education Advisor, and forward 
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,

[[Page 49388]]

Navy, Air Force, and Marine Corps. Each Service representative's 
membership will be on a permanent basis and changed only when their 
voluntary education policy position is changed.
    (7) Assign, on a rotating basis, a senior enlisted Service member 
in the military pay grade E-9 to serve as the DANTES enlisted advisor.
    (8) Assign, on a rotating basis, a field-grade officer to serve as 
the DANTES RC advisor.
    (9) Require that military test control officers and test centers 
comply with the guidance and procedures published in the DANTES 
Examination Program Handbook, available at http://www.dantes.doded.mil/Programs/Docs/DEPH_part1.pdf.
    (10) Require that personnel who provide counseling, advice, and 
program management related to voluntary education programs have access 
to the DoD Voluntary Education homepage and other Web sites so they can 
provide current and accurate information to Service members.
    (11) Provide opportunities for Service members to access the 
Internet, where available, to enroll in and complete postsecondary 
courses that are part of their approved educational plan leading to an 
educational goal.
    (12) Submit requested quarterly and annual information for the 
Voluntary Education Management Information System (VEMIS) by the 20th 
day of the month after the end of each fiscal quarter for the quarterly 
reports and November 15th each year for the annual report. Reporting 
information includes, but is not limited to voluntary education program 
data on enrollments, participation, and costs.
    (13) Respond to and resolve Service-specific student complaints 
received and managed through the DoD Postsecondary Education Complaint 
System.
    (14) Provide Service members with a JST. At a minimum, the JST will 
include documented military student data, courses, and military 
occupations evaluated by ACE, including descriptions, learning outcomes 
and equivalent college credit recommendations, as well as national 
college-level exam results. The Air Force will continue to use the 
Community College of the Air Force (CCAF) to document airmen's 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 this section.
    (2) Require that the Director, DANTES, provide updates on DANTES 
plans, operations, and activities to the USD(P&R).
    (3) Through its civilian personnel system, advertise the position 
of Director, DANTES, when the position is vacated and appoint the 
Director, DANTES, in accordance with the procedures outlined in Sec.  
68.6.

Sec.  68.6  Procedures.

    (a) TA for Service members participating in education programs.
    (1) TA will be available for Service members participating in high 
school completion and approved courses from accredited undergraduate or 
graduate education programs or 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 and training 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 for Department of 
Veterans Affairs (VA) funding, and participating in Federal student aid 
programs through the Department of Education under Title IV of the 
Higher Education Act of 1965. Whenever ED withdraws the recognition of 
any accrediting agency, an institution of higher education which meets 
the requirements of accreditation, eligibility, and certification on 
the day prior to 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 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 
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 one semester-hour credit 
when neither semester- nor quarter-hours are specified for the 
education or training for which the Service member is enrolled.
    (B) When an 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 up to the established 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.
    (E) TA funds are not to be used for the purchase of books and fees. 
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. Reserve 
Component members are exempt from the requirement to first attend basic 
training before authorized to receive TA. Additional, respective 
Service requirements must be met to include training qualification, 
unit assignment, and time in service criteria.
    (iii) The TA rate, credit-cap, and annual per capita ceiling, will 
be reviewed annually in consideration of inflation and other effects, 
and will be applicable uniformly whether instruction is delivered 
traditionally in-the-classroom or through distance education. Rates of 
TA other than as identified in paragraphs (a)(2)(ii)(A) through (F) of 
this section are not authorized.

[[Page 49389]]

    (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 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 two 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 four 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 four 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 four 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 four 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 institution or 6 months after the completion of the 
class, whichever comes first. The Secretary of the Military Department 
will establish 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 GPA 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 when the payment would constitute a duplication of 
benefits. Academic 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' benefits to supplement 
TA received by active duty and Reserve component 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 institutions 
awarding degrees based on demonstrated competency, if:
    (i) Competency rates are equated to semester or quarter units of 
credit, and
    (ii) The institution publishes traditional grade correlations with 
``Pass/Fail'' grades, and
    (iii) The 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 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 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 
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 
institution's home campus will cover any program offered by the 
institution, regardless of location.

[[Page 49390]]

The requirement to sign the revised DoD MOU contained in this part 
applies to institutions with a previously approved and signed DoD 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 MOU with an institution may be suspended or terminated 
by DoD in the following circumstances:
    (i) The DoD MOU with an 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 MOU. In 
addition, an otherwise qualified 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 MOU or the refusal by DoD to enter 
into a new DoD MOU upon indictment of the institution or any senior 
official of the institution on a criminal charge related to the 
operation of the 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 institution may also be immediately 
suspended from participating in the tuition assistance program through 
either the termination of an existing DoD MOU or the refusal to enter 
into a new DoD MOU by the USD(P&R) on national security grounds. 
Written notice of the action shall be provided to the institution, and, 
if practicable without damaging national security, the written notice 
shall 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 under this part 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 
installation official (normally the Education Services Officer) for 
programs provided on the installation. The 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 an installation should be avoided. However, the 
availability of similar courses through correspondence or electronic 
delivery will not be considered duplication.
    (vi) Be described in a publication or on-line source that includes 
on-installation educational programs, programs available at nearby 
installations, and colleges and universities nearby the 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 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 installation or unit of assignment for Reserve 
component personnel, information about voluntary education programs 
available at that installation, unit, or State for RC personnel.
    (ii) Maintain participants' educational records showing education 
accomplishments and educational goals.
    (iii) Provide for the continuing professional development of their 
education services staff, including the participation of field staff in 
professional, as well as Service-sponsored, conferences, symposiums, 
and workshops.
    (iv) Provide educational services, including TA counseling, 
academic advice and testing to their personnel and to personnel of 
other Services (including the U.S. Coast Guard when operating as a 
service in the Navy) who are assigned for duty at installations of the 
host Service. These educational services will be provided by qualified 
professional (Education Services Series 1740 or 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 the 
following:
    (A) A prior learning assessment that includes a review of all 
education transcripts to include the joint services transcript, the 
Community College of the Air Force transcript, and academic transcript 
recommendations for ACE recommended credit.
    (B) An assessment of readiness for the education plan that is in 
support of the Service member's career goals and a discussion of 
academic skills development programs.
    (C) Discussion and review of technical credentials that can be 
obtained concurrent to academic pursuits.
    (D) Discussion of credit-by-examination options.
    (E) Review of academic program options, leading to a degree plan.
    (F) Discussion with prospective military students on payment 
options and the use of education benefits for postsecondary courses to 
include DoD TA Program, Department of Veterans

[[Page 49391]]

Affairs education benefit programs, state and federal grants and loans, 
commercial lending, and out-of-pocket costs for the Service member. 
Discussion will include streamlined tools and information to compare 
educational institutions using key measures of affordability and value 
through the VA eBenefits portal at http://www.ebenefits.va.gov. The 
eBenefits portal is updated by VA to facilitate access to school 
performance information and key Federal financial aid documents.
    (v) Continually assess the state of its voluntary education 
programs and periodically conduct a formal needs assessment by the 
appropriate installation official (normally the Education Services 
Officer) to ensure that the best possible programs are available to 
their members at each 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 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 an 
installation is not otherwise conveniently available outside the 
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 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 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 and Navy College offices will maintain 
liaison with appropriate State planning and approving agencies and 
coordinating councils to ensure that planning agencies for continuing, 
adult, or postsecondary education are aware of the educational needs of 
military personnel located within their jurisdiction.
    (7) In supporting a high school completion program, each Military 
Service will:
    (i) Ensure that all Service members with less than a high school 
education have the opportunity to attain a high school diploma or its 
equivalent.
    (ii) Ensure that neither a Military Service nor DANTES issues a 
certificate or similar document to Service members based on performance 
on high school equivalency tests. Military Services will recognize 
attainment of high school completion or equivalency only after a State- 
or territory-approved agency has awarded the appropriate credential.
    (iii) Pay 100 percent of the cost of high school equivalency 
instruction or proficiency testing and credentialing for Service 
members.
    (iv) Ensure that Service sponsored high school diploma programs are 
delivered by institutions that are State-funded or a Service component 
program accredited by a regional accrediting body or recognized by a 
State's secondary school authority.
    (c) Procedures for the installation education advisor, on behalf of 
the installation commander, to follow to obtain voluntary education 
programs and services from postsecondary institutions of higher 
learning.
    (1) Since contacts by a school with a Service member for the 
purpose of asking or encouraging the member to sign up for one of the 
school's programs (assuming the program has some cost) are considered 
personal commercial solicitations, ensure schools 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.
    (2) Do not allow installation access to marketing firms or 
companies that own, operate, or represent higher-learning institutions; 
this privilege is reserved only for academic institution employees 
meeting the requirements as stated in the policy section of this part.
    (3) Educational institutions interested in providing education, 
guidance, training opportunities, and participating in education fairs 
on a military installation provide their requests to the installation 
education advisor, who will review and analyze these requests on behalf 
of the installation commander.
    (4) The installation education advisor will ensure all education 
institutions granted access to military bases to provide education, 
guidance, training opportunities, and participate in 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 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 statutes 
or regulations designated by the installation commander.
    (5) Monitor institutions granted access to an 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 unit briefings or assemblies, open recruiting efforts or 
distribution of marketing materials on the installation.
    (iii) Market to or recruit newly assigned military personnel to the 
installation, unless the Service member has received information about 
voluntary education programs and educational services available at that 
installation, to include TA, from their education services staff or as 
part of their orientation to the new installation.
    (6) Ensure institutions of higher learning granted access to 
military installations to provide programs, services, or education 
guidance to their students meet the following criteria:
    (i) Have a signed MOU with DoD.
    (ii) Are in compliance with state requirements where services will 
be rendered.
    (iii) Are State approved for the use of veteran's education 
benefits. For DL courses and programs, State approval for the use of 
veteran's education benefits will be certified in the State where the 
DL course or program originated or is managed. Copies of the 
certification will be filed with the appropriate state approving agency 
for the military or veteran student.
    (iv) Are participating in Federal student aid programs through the 
U.S. Department of Education under title IV of the Higher Education Act 
of 1965.
    (v) Are accredited by a national or regional accrediting body 
recognized by the U.S. Department of Education and conduct programs 
only from among those offered or authorized by the main administrative 
and academic office in

[[Page 49392]]

accordance with standard procedures for authorization of degree 
programs by the institution.
    (7) Military installations seeking an institution to provide on-
installation education programs, through the installation education 
advisor, must:
    (i) Communicate the installation's educational needs 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, instruction desired and specific degree 
programs being sought.
    (B) A demographic profile of the installation population and 
probable volume of participation in the program.
    (C) Facilities and level of security at no charge to the 
institution.
    (D) Cost associated with equipment and supporting services provided 
at the discretion of the 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 installation.
    (3) Any installation restrictions, limitations, or special 
considerations relevant to using an alternate delivery system (DL, 
etc.).
    (4) Available computer hardware and supporting equipment.
    (5) Electrical, satellite, and network capabilities at the site.
    (8) In evaluating proposals, installation education advisors must 
ensure potential providers meet, at a minimum, the following 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 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 selection, assignment, and orientation; and participation in 
monitoring and evaluation of programs. Adjunct or part-time faculty 
will possess comparable qualifications as full-time permanent faculty 
members.
    (C) Conduct on-installation 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 institution's accrediting agency's substantive 
change policy requires new courses or program offerings to be submitted 
to the agency for approval, the institution will be required to submit 
such items for approval prior to 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 off-campus 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 between 
central institutional academic leadership and administrators and off-
campus representatives and faculty. Any 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 institution.
    (d) Requirements and procedures for institutions seeking access to 
the military installation solely to provide education guidance.
    (1) Institutions must meet the criteria in paragraphs (c)(6)(i) 
through (c)(6)(v) of this section.
    (2) Institutions must have an on installation student population of 
at least 20 active duty military students, except in overseas locations 
covered by DoD Instruction 1322.19. For this exception, only contracted 
institutions are permitted on overseas installations.
    (3) Institutions must request access through the installation 
education advisor or Navy College Office Director via a written 
proposal. If a request is received from an institution seeking access 
to a joint military installation, the education advisor or Navy College 
Office Director from the installation education centers will work 
together to determine the appropriate Military Service to work the 
request. The request should include as a minimum:
    (i) Institution name and intent or purpose of the visit.
    (ii) Number and names of school 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 installation 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 installation access permission from an institution, as deemed 
appropriate.
    (5) If a request is received from an institution seeking access to 
a military installation, the installation education advisor or Navy 
College Office Director will:
    (i) Fully consider requests from those institutions complying with 
requirements as stated in paragraphs (d)(1) through (d)(3) of this 
section and be consistent in treatment of 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 
institution; inform institution they may reapply for access once 
reasons for denial are addressed.
    (iii) Maintain copies of all correspondence in accordance with the 
installation records management schedule and disposition, with a 
minimum time requirement of two years.
    (6) If an installation grants access to an institution to provide 
guidance to their students, the institution will:
    (i) Only advise or counsel students at the education center or at a 
location approved by the education advisor.

[[Page 49393]]

    (ii) Maintain a list of students counseled and provide a copy to 
the education office. List will annotate type of program and status of 
the Service member (current or reenrollment).
    (iii) Comply with applicable 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 statutes 
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. 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, credit-by-examination programs, and an extensive number of 
certification examinations.
    (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 DoD Components and the 
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 entitled the Third 
Party Education Assessment.
    (H) Managing the data received on the voluntary education programs 
for the Voluntary Education Management Information System (VEMIS), 
which includes gathering, collating, and verifying participation and 
cost data from the Services. Providing requisite consolidated reports 
to USD(P&R). Requested data from the Military Services on voluntary 
education programs is located and stored at https://afaems.langley.af.mil/vemis. A user guide containing voluntary 
education program data and report information for the Military Services 
and DANTES is also available at this Web site, under the ``Resources'' 
tab.
    (I) Managing the DoD independent study catalog and its support 
systems, as required.
    (J) Negotiating, administering, and coordinating contracts for DoD 
Worldwide Education Symposiums in support of and in conjunction with 
the Interservice Voluntary Education Board.
    (K) Establishing, refining, updating, and maintaining information 
on worldwide education support of DoD off-duty, voluntary education 
programs on the Internet. Maintaining necessary infrastructure to 
ensure that information on the Internet is always current and available 
to leadership, agency personnel, the public, and others.
    (L) Administering the TTT program in accordance with section 1154 
of chapter 58 of 10 U.S.C.
    (M) Monitoring new technological developments, providing reports, 
cost analyses, and recommendations on educational innovations, and 
conducting special projects requested by the Department of Defense and 
the Services, approved by the Interservice Voluntary Education Board, 
and as reflected and approved in DANTES' annual policy guidance.
    (N) Conducting staff development training on DANTES' policies, 
procedures, and practices related to voluntary education testing 
programs, and providing additional training as requested by the Office 
of the Secretary of Defense and the Services.
    (O) Serving as the Defense Media Activity's point of contact for 
information on DANTES programs for military personnel.
    (P) Providing support, as requested, to DoD and Service Quality of 
Life and Transition support programs.
    (Q) Providing other support in mission areas as directed by the 
USD(P&R) and the DASD(MCFP).
    (R) Managing DoD Contingency Tri-Service Contracts, which provide 
educational opportunities for deployed

[[Page 49394]]

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 joint services transcript 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) Maintain the repository for the DoD Voluntary Education 
Partnership MOU between USD(P&R) and partner institutions, to include 
Service-specific addendums (see the Appendix to this section for 
template of DoD MOU). DANTES will:
    (A) Administer and update the system that stores 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 institutions that have a 
signed partnership DoD 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 Defense Procedures for 
Management of Information Requirements'' (available at http://www.dtic.mil/whs/directives/corres/pdf/891001m.pdf).
    (x) Provide data analyses and generate reports required by DoD and 
the Interservice Voluntary Education Board as needed.

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

    1. Preamble.
    a. Providing access to quality postsecondary education 
opportunities is a strategic investment that enhances the U.S. 
Service member's ability to support mission accomplishment and 
successfully return to civilian life. A forward-leaning, lifelong 
learning environment is fundamental to the maintenance of a mentally 
powerful and adaptive leadership-ready force. Today's fast-paced and 
highly mobile environment, where frequent deployments and 
mobilizations are required to support the Nation's policies and 
objectives, requires DoD to sponsor postsecondary educational 
programs using a variety of learning modalities that include 
instructor-led courses offered both on- and off-installation, as 
well as distance learning options. All are designed to support the 
professional and personal development and progress of the Service 
members and our DoD civilian workforce.
    b. Making these postsecondary programs available to the military 
community as a whole further provides Service members, their 
eligible adult family members, DoD civilian employees, and military 
retirees ways to advance their personal education and career 
aspirations and prepares them for future vocational pursuits, both 
inside and outside of DoD. This helps strengthen the Nation by 
producing a well-educated citizenry and ensures the availability of 
a significant quality-of-life asset that enhances recruitment and 
retention efforts in an all-volunteer force.
    2. Purpose.
    a. This MOU articulates the commitment and agreement educational 
institutions provide to DoD by accepting funds via each Service's 
tuition assistance (TA) program in exchange for education services.
    b. This MOU is not an obligation of funds, guarantee of program 
enrollments by DoD personnel, their eligible adult family members, 
DoD civilian employees, and retirees in an educational institution's 
academic programs, or a guarantee for 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 military 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 MOU with 
DoD will sign this MOU:
    (a) At the expiration of their current MOU;
    (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 institution to participate in the DoD TA Program. An 
``installation MOU'' (which is separate from this MOU) is only 
required if an institution is operating on a military installation. 
The installation MOU:
    1. Contains the installation-unique requirements that the 
installation's 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 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 
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 the U.S. Department of Education, approved for VA 
funding, and participating in Federal student aid programs through 
the Department of Education under Title IV of the Higher Education 
Act of 1965.
    c. Comply with the regulatory guidance provided by DoD and the 
Services.
    d. Participate in the Third Party Education Assessment process 
when requested. This requirement applies not only to institutions 
providing courses on military installations, but also to those 
institutions that provide postsecondary instruction that is not 
located on the military installation or via DL.
    (1) If an institution is operating on the military installation, 
the institution will

[[Page 49395]]

resolve the assessment report findings and provide corrective 
actions taken within six months following the Third Party Education 
Assessment to the appropriate education advisor on the military 
installation, the appropriate Service Voluntary Education Chief, and 
the DoD Voluntary Education Chief.
    (2) If an institution is operating off the military installation 
or via DL, the institution will resolve the assessment report 
findings and provide corrective actions taken within six months 
following the Third Party Education Assessment to the DoD Voluntary 
Education Chief.
    (3) In instances when the resolution action cannot be completed 
within the six month timeframe, the institution will submit a status 
report every three months to the appropriate education advisor on 
the military installation if the institution is operating on the 
military installation, and the DoD Voluntary Education Chief, until 
the recommendation is resolved.
    e. Prior to enrollment, provide each student with specific 
information on locating, understanding, and using the following 
tools:
    (1) The College Scorecard 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 Department of Education's Financial Aid Shopping Sheet 
is used by institutions to assist prospective students and their 
families better understand the costs of attending an institution 
before making the final decision on where to enroll. The Shopping 
Sheet is located at http://collegecost.ed.gov/shopping_sheet.pdf.
    (3) The Consumer Financial Protection Bureau, located at http://www.consumerfinance.gov. The Web site allows prospective students to 
enter the names of up to three schools and receives detailed 
financial information on each one and to enter actual financial aid 
award information.
    f. 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 institution;
    (2) Point of contact will have:
    (a) Basic understanding of the military tuition assistance 
program, Department of Education Title IV funding, education 
benefits offered by the VA, and familiarity with institutional 
services available to assist Service members; and
    (b) 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.
    g. Prior to 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 to 
include but not limited to:
    (1) Providing a clear and complete explanation of available 
financial aid, to include Title IV of the Higher Education Act of 
1965, as amended;
    (2) Describing the differences between private and Federal 
student loans and how Federal student loans generally offer more 
favorable terms, conditions, repayment and forgiveness options;
    (3) Disclosing the 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 institution's CDR is 
greater than the national average CDR, it must disclose that 
information and provide the student with loan repayment data; and
    (4) Explaining that students have the ability to refuse all or 
borrow less than the maximum student loan amount allowed.
    h. Have a readmissions policy for Service members:
    (1) Allow 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) Follow the regulation released by the Department of 
Education (34 CFR 668.8) regarding readmissions requirements for 
returning Service members seeking readmission to a program that was 
interrupted due to a Military service obligation, and to 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. 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.
    i. Have policies in place and within compliance with the 
regulations issued by the Department of Education (34 CFR 688.71-
668.75 and 668.14) related to program integrity issues, including 
restrictions on recruitment, misrepresentation, and payment of 
incentive compensation. Adopt an institutional policy banning 
inducements (including any gratuity, favor, discount, entertainment, 
hospitality, loan, transportation, lodging, meals, or other item 
having a monetary value of more than a de minimus amount) to any 
individual or entity (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 as part of efforts to eliminate unfair, 
deceptive, and abusive marketing aimed at Service members.
    j. Have policies in place and within compliance with the 
regulations issued by the Department of Education (34 CFR 688.43, 
668.71-668.75, 668.14 and 600.9) related to program integrity 
issues, including State authorization. Refrain from high-pressure 
recruitment tactics as part of efforts to eliminate unfair, 
deceptive, and abusive marketing aimed at Service members. Such 
tactics include making multiple unsolicited phone calls to Service 
members for the purpose of securing their enrollment.
    k. Refrain from providing any commission, bonus, or other 
incentive payment based directly or indirectly or use third party 
lead generators 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. These tactics 
are discouraged as part of efforts to eliminate unfair, deceptive, 
and abusive marketing aimed at Service members.
    l. Refrain from automatic program renewals, bundling courses or 
enrollments. The student and Military Service must approve all 
course enrollments prior to the start date of the class.
    m. If the 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 DoD MOU, the 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 the Community College of the Air Force, when applicable to a 
Service member's program.
    n. If an institution elects not to be a member of SOC, in 
addition to the requirements stated in paragraphs 3.a. through 3.l. 
of this DoD MOU, the institution will:
    (1) Disclose its transfer credit policies prior to a Service 
member's enrollment.
    (a) If the institution accepts transfer credit from other 
accredited institutions, then the 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 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 
institution.
    (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.

[[Page 49396]]

    (a) In so far as the institution's policies generally permit for 
the award of credit for comparable prior learning experiences, the 
institution agrees to evaluate the learning experiences documented 
on the Service member's official Service transcripts, and, if 
appropriate, award credit.
    (b) The joint services transcript 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 joint 
services transcript 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 institution. Once an institution has evaluated a 
particular military training or experiential learning opportunity 
for a given program, the 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, transfer credit or credit awarded 
for prior learning may:
    (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 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) Prior to 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 institution, 
which could have implications for the Service member's enrollment 
status. This information will also include an explanation of the 
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 institution, at the same location, enrolled in the same course, 
will be charged the same tuition rate without regard to their 
Service component. This single tuition rate includes active duty 
Service members and the National Guard and Reservists who are 
activated under Title 10 and using Title 10 Military Tuition 
Assistance, in order to assure that tuition rate distinctions are 
not made based on the Service members' branches of Service.
    (1) It is understood tuition rates may vary by mode of delivery 
(traditional or online), at the differing degree levels and 
programs, and residency designations (in-state or out-of-state). 
Tuition rates may also vary based on full-time or part-time status, 
daytime vs. evening classes, or matriculation date, such as in the 
case of a guaranteed tuition program.
    (2) It is also understood that some States have mandated State 
rates for Guard and Reservists within the State. (Those Guard and 
Reservists not activated on title 10, U.S. Code orders).
    b. Course Enrollment Information. The educational institutions 
will provide course enrollment, course withdrawal, course 
cancellation, course completion or failure, grade, verification of 
degree completion, and billing information to the TA issuing 
Service's education office, as outlined in the Service's regulations 
and instructions.
    (1) Under section 1232g of title 20, United States Code (also 
known as ``The Family Educational Rights and Privacy Act'' and 
hereinafter referred to as ``FERPA''), DoD recognizes that 
institutions are required to obtain consent before sharing 
personally identifiable non-directory information with a third 
party. Service members must authorize the 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 institution wants to ensure confidentiality during the 
transmission of data to the third party, then the 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 Education Plans
    (1) Institutions will disclose general degree requirements for 
the Service member's educational program (education plan) to the 
member and his or her Service prior to the enrollment of the Service 
member at the institution. These requirements, typically articulated 
in the 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 
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 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 institution will provide a new 
evaluated educational plan to the Service member and the Service. 
Only courses listed in the Service member's education 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 
one 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 two 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 institution will work with affected Service members to 
identify substitutions that would not hinder the student from 
graduating in a timely manner.
    (5) Prior to the enrollment of a Service member, the institution 
must obtain the approval of the institution's accrediting agency for 
a new course or program offering, provided such approval is 
appropriate under the substantive change requirements of the 
accrediting agency.
    d. Approved and TA Eligible Courses.
    (1) Approved Courses. If an eligible Service member decides to 
use TA, educational institutions will enroll him or her only after 
the TA is approved by the individual's Service. Service members will 
be solely responsible for all tuition costs without this prior 
approval. This requirement does not prohibit an educational 
institution from pre-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:

[[Page 49397]]

    (a) Part of an individual's evaluated educational plan; or
    (b) Prerequisites for courses within the individual's evaluated 
educational plan; or
    (c) Required for acceptance into a higher-level degree program, 
unless otherwise specified by Service regulations.
    e. Use of Financial Aid with TA.
    (1) ``Top-Up'' eligible active duty DoD personnel may use this 
Montgomery or Post-9/11 G.I. Bill benefit in conjunction with TA 
funds from their Service to cover those course costs to the Service 
member that exceed the amount of TA paid by his or her Service. 
Reserve Component members who have paid for Chapter 30 G.I. Bill 
benefits may use those benefits concurrently with TA. Reserve 
Component members who have earned entitlement for the Post-9/11 
G.I., Bill may combine VA benefits and TA as long as the combined 
benefits do not total more than 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 the Department of Education's 
student aid program, will have their TA benefits applied to their 
educational institution's account prior to the application of their 
Pell Grant funds to their account. Unlike TA funds, which are 
tuition-restricted, Pell Grant funds are not tuition-restricted and 
may be applied to other allowable charges on the account.
    f. Administration of Tuition.
    (1) The Services will provide TA in accordance with DoD- and 
Service-appropriate regulations.
    (2) TA will be limited to tuition and is refundable in 
accordance with the institution's tuition refund policy. 
Additionally, the following refund requirements must be met:
    (a) Must be 100 percent refundable up until the start of the 
course.
    (b) The institution's policy for returning unearned TA funds for 
Service members who stop attending due to Military service 
obligations must be aligned with provisions in section 484B of Title 
IV of the Higher Education Act of 1965, and the Department of 
Education regulations set out at 34 CFR 668.22.
    (c) The institution's policy for returning unearned TA funds for 
Service members who withdraw prior to the course completion must be 
aligned with provisions in section 484B of Title IV of the Higher 
Education Act of 1965, and with Department of Education regulations 
set out at 34 CFR 668.22.
    (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 institution and the Service.
    (4) 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 justified to all the 
Services, as soon as possible, but not fewer than 90 days prior to 
implementation. If the MOU is with a single educational institution, 
at a single location, with only one Service, the justification will 
be provided to that Service, which will then provide that 
information to the other Services.
    (a) Tuition 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 institution should request a waiver 
(via the DoD MOU Web page) and provide the Services with the new 
tuition charges. This will ensure the correct rates are applied when 
a Service member requests tuition to attend the State institution.
    (5) Refunds of Government-funded TA will be paid in accordance 
with the institution's published refund policy and will go to the 
Service, not to the Service member.
    (6) The institution will refund to the Service the total amount 
of tuition paid for a course that is cancelled by the institution.
    (7) TA invoicing information is located in the Service-specific 
addendums attached to this MOU.
    g. Course Cancellations. Institutions are responsible for 
notifying Service members of class cancellations for both classroom 
and DL courses.
    h. Materials and Electronic Accessibility.
    (1) 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) Institutional 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 installation education 
advisor before enrolling or requesting TA.
    (3) 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, 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 institution 
will provide the Service concerned with a list of those TA 
recipients who have completed a certificate, diploma, or degree 
program. The list will include the degree level, major, and program 
requirements completion date.
    (3) The academic credentials for certificate, diploma, or degree 
completion should reflect the degree-granting 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 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 institution will provide students with the opportunity 
to participate in a graduation ceremony.
    j. Reporting Requirements and Performance Metrics.
    (1) The 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. Institutions providing face-to-face courses on a 
military installation will provide a class roster to the 
installation education advisor. The class roster will include 
information such as the name of the instructor, the first and last 
name of each student (military and non-military), the course title, 
the class meeting day(s), the start and ending time of the class, 
and the class location (e.g., building and room number).
    (a) All reporting and transmitting of this information will be 
done in conformity with all applicable privacy laws, including 
FERPA.
    (b) 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 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 institution. The institution will have 90 
calendar days to review the report, investigate if required, and 
provide a written response to the findings.
    (3) The Services may request reports from an institution at any 
time, but not later than 2 years after termination of the MOU with 
such 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 institutions 
operating on a military installation.

[[Page 49398]]

    An installation MOU:
    (1) Is required if an institution is operating on a military 
installation.
    (2) Contains only the installation-unique requirements 
coordinated by the installation's 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 
installation with the installation's education advisor, who will 
receive approval from the installation commander, prior to the 
opening of classes for registration.
    (4) Admit candidates to the institution's on-installation 
programs at their discretion; however, priority for registration in 
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 installation's education advisor, as 
appropriate, a tentative annual schedule of course offerings to 
ensure that the educational needs of the military population on the 
installation are met and to ensure no course or scheduling conflicts 
with other on-installation programs.
    (6) Provide instructors for their installation courses who meet 
the criteria established by the institution to qualify for 
employment as a faculty member on the main administrative and 
academic center.
    (7) Inform the installation education advisor about 
cancellations for classroom-based classes on military installations 
per the guidelines set forth in the separate installation MOU.
    c. The Services' designated installation representative (usually 
the installation 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 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 institution located 
on the 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 installation facility 
management policies and contracts.
    d. The Service reserves the right to disapprove installation 
access to any employee of the institution employed to carry out any 
part of this MOU.
    e. Operation of a privately owned vehicle by institution 
employees on the installation will be governed by the installation's 
policies.
    f. The installation education advisor will check with his or her 
Service's responsible office for voluntary education prior to 
allowing an educational institution to enter into an MOU with the 
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 five 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 shall be 
designated by the USD(P&R). The authorized signatory for the 
institution will be determined by the institution.
    d. Effective Date. This MOU is effective on the date of the 
later signature.
    e. Expiration Date. This MOU will expire five years from the 
effective date, unless terminated or updated prior to that date in 
writing by DoD or the Institution.
    f. Cancellation Provision. This MOU may be cancelled by either 
DoD or the Institution 30 days after receipt of the written notice 
from the cancelling party. In addition, termination and suspension 
of an MOU with an institution may be done at any time for failure to 
follow a term of this MOU or misconduct in accordance paragraphs 
(a)(18)(i) through (a)(18)(iii) of Sec.  68.6.

For the Department of Defense:
-----------------------------------------------------------------------

Designated Signatory

-----------------------------------------------------------------------

Date

For the Institution:

-----------------------------------------------------------------------

President or Designee

-----------------------------------------------------------------------

Date

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 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 airman for his 
or her education program and the ETS as soon as he or she decides to 
register with the Institution and while awaiting final evaluation of 
transfer credits.
    (3) Assume responsibility for the administration and proctoring 
of all course examinations not normally administered and proctored 
within the traditional, in-the-classroom setting.
    (4) Provide to airmen, upon their request, information on 
Institution policies including, but not limited to, course 
withdrawal dates and penalties, course cancellation procedures, 
course grade publication, billing practices, and policy regarding 
incompletion of a course. Face-to-face counseling is not required.
    (5) Register and use the AI Portal to input Institution basic 
information, degree offerings, tuition rates, invoice submission, 
course grades submission, degree completions, and to pull pre-
established educational institution reports while conducting 
business with the USAF.

[[Page 49399]]

    (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) Accept the Government Purchase Card (GPC) for payment of Mil 
TA.
    (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 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 MOU, the 
authorization of Mil TA is further governed by Air Force Instruction 
(AFI) 36-2306, as well as applicable policy and guidance.
    b. 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 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 
military installations and ACES remain in place and should 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 DoD 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 DoD 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 base/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) Route publicity generated for an installation community 
through the base ESO.
    (6) 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.
    3. Billing Procedures, and Formal Grades.
    a. Comply with wide area work flow process for invoicing tuition 
assistance.
    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

[[Page 49400]]

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 academic 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 academic institution through the Navy 
College Program Web site, only if designated as an NCPDLP school.
    (iii) Display the academic 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. 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 academic 
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 academic 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: August 9, 2013.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

[FR Doc. 2013-19747 Filed 8-13-13; 8:45 am]
BILLING CODE 5001-06-P
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