```

[Federal Register: August 6, 2010 (Volume 75, Number 151)]
[Proposed Rules]               
[Page 47504-47515]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06au10-21]                         

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 68

[Docket No. DoD-2009-OS-0034]
RIN 0790-AI50

 
Voluntary Education Programs

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

ACTION: Proposed rule.

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

SUMMARY: The Department of Defense (DoD) proposes to implement policy, 
assign responsibilities, and prescribe procedures for the operation of 
voluntary education programs within DoD. Included are: Procedures for 
Service members participating in education programs; guidelines for 
establishing, maintaining, and operating voluntary education programs 
including, but not limited to, instructor-led courses offered on-
installation and off-installation, as well as via distance learning; 
procedures for obtaining on-base voluntary education programs and 
services; minimum criteria for selecting institutions to deliver higher 
education programs and services on military installations; the 
establishment of a DoD Voluntary Education Partnership Memorandum of 
Understanding between DoD and educational institutions receiving 
tuition assistance payments; and procedures for other education 
programs for Service members and their adult family members.

DATES: Comments must be received by October 5, 2010.

ADDRESSES: You may submit comments, identified by docket number and or 
RIN number and title, by any of the following methods:
     Federal Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Federal Docket Management System Office, 1160 
Defense Pentagon, Washington, DC 20301-1160.
    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Information Number (RIN) 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.

FOR FURTHER INFORMATION CONTACT: Kerrie Tucker at 703-602-4949, 
extension 117.

SUPPLEMENTARY INFORMATION:

Regulatory Procedures

Executive Order 12866, ``Regulatory Planning and Review''

    It has been certified that 32 CFR part 68 is a 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 
this Executive Order.
    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 
for tuition and fees combined. Each Service member participating in 
off-duty, voluntary education is authorized up to $4,500.00, in 
aggregate, for each fiscal year. As per NDAA FY08, each of the Services 
may also provide TA to activated Service members of the Selected 
Reserves and Individual Ready Reserve. For Fiscal Year 2009 (FY09), the 
Services executed approximately $800 million for Off-Duty and Voluntary 
Education Programs. For Fiscal Year 2010 (FY10), the President's Budget 
for Off-Duty and Voluntary Education is approximately $790 million, 
with $208 million programmed for operational costs and $582 million 
programmed for tuition assistance costs.

[[Page 47505]]

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 not impose reporting 
or recordkeeping requirements under the Paperwork Reduction Act of 
1995.

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 added 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

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 
Department of Defense.
    (b) 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 Department of Defense, the Defense Agencies, 
the DoD Field Activities, and all other organizational entities within 
the Department of Defense (hereafter referred to collectively as the 
``DoD Components'').

Sec.  68.3  Definitions.

    The following terms and their definitions are for the purpose of 
this part:
    Academic. Having to do with general or liberal arts education, 
rather than technical or vocational.
    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 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 
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 shall be 
entitled to the full amount authorized each fiscal year in accordance 
with DoD policy.
    Army American Council on Education Registry Transcript System. An 
official document, when sent directly from the Army American Council on 
Education Registry Transcript System center to the educational 
institution, which articulates a Soldier's military experience and 
training and the American Council on Education-recommended college 
credit for this training and experience.
    Documented educational plan. An official academic document provided 
by the educational institution that articulates all courses and general 
education requirements required for degree completion. The documented 
education plan identifies all courses required for graduation in the 
individual's intended academic discipline and level of postsecondary 
study, and 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. For participating SOC Degree Network System institutions, 
a SOC Army Degrees, SOC Navy Degrees, SOC Marine Corps Degrees, or SOC 
Coast Guard Degrees Student Agreement serves as this documented 
education plan.
    Education advisor. A professionally qualified, subject matter 
expert/program manager in the education field 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.

[[Page 47506]]

    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 upon the successful completion of 6 semester hours 
by the Service member at the institution.
    Family member. A family member is defined as the eligible adult of 
an active duty, reserve, or National Guardsman with a valid DoD or 
Coast Guard identification card.
    IRR or Individual Ready Reserve. The IRR is a manpower pool 
comprised 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.
    MVER or Military Voluntary Education Review. A third-party 
evaluation of voluntary education programs covered by the DoD Voluntary 
Education Partnership MOU.
    Ready Reserve. Comprised 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, when sent directly from the 
Sailor/Marine American Council on Education Registry Transcript System 
Operations Center to the educational institution, that articulates a 
Sailor's or Marine's military experience and training and the American 
Council on Education recommended college credit for this training and 
experience.
    SELRES or Selected Reserve. Consists of those units and individuals 
within the Ready Reserve designated by their respective Service as 
essential to wartime missions and must therefore maintain a higher 
priority over all other Reserves. The SELRES includes Reserve unit 
members (including members in the training pipeline), Individual 
Mobilization Augmentees, and Active Guard/Reserve members.
    Semester-hour TA Cap. The maximum dollar amount authorized for TA 
per semester-hour credit. A Service shall pay no more than the 
established DoD cap.
    SOC or Servicemembers Opportunity Colleges. A consortium of over 
1,800 colleges and universities, created in 1972, which 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 Armed Forces, or Coast Guard member, 
enrolled in approved courses of study during off-duty time. Off-duty 
time is defined as time when the Service member is not scheduled to 
perform official duties.
    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 Department of Veterans Affairs those tuition and fee 
costs that exceed the amount of TA provided to the Service member by 
his or her Service.
    Troops-to-Teachers program (TTT). The Troops-to-Teachers program is 
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 
during their off-duty time, and which are available to other members of 
the military community.

Sec.  68.4  Policy.

    It is DoD policy that:
    (a) Members of the Armed Forces serving on active duty or actively-
drilling members of the Reserve Components shall be afforded the 
opportunity to complete their high school education, earn an 
equivalency diploma, improve their academic skills or level of 
literacy, enroll in vocational and technical schools, receive college 
credit for military training and experience in accordance with the 
American Council on Education's ``Guide to the Evaluation of 
Educational Experiences in the Armed Services'' (available at http://www.militaryguides.acenet.edu/),'' take tests to earn college credit, 
and enroll in postsecondary education programs that lead to 
undergraduate and graduate degrees.
    (b) Service members' costs to participate in the DoD Voluntary 
Education Program as authorized by law and subject of the availability 
of funds, shall be reduced through financial support, including tuition 
assistance that is administered uniformly across the Military Services.
    (c) Information and counseling about voluntary education programs 
shall be readily available and easy to access so that Service members 
are encouraged to make maximum use of the educational opportunities 
available.
    (d) Accredited institutions shall be encouraged to provide degree 
programs on military installations and the Military Services shall 
facilitate their operations on the installations.
    (e) To the extent that space is otherwise available, eligible adult 
family members of Service members, DoD civilians and their eligible 
adult family members, and DoD retirees may enroll in classes offered on 
a full cost basis.

Sec.  68.5  Responsibilities.

    (a) The Under Secretary of Defense for Personnel and Readiness 
(USD(P&R)) shall:
    (1) Monitor implementation of and ensure compliance with this part 
and DoD Directive 1322.08E (see http://www.dtic.mil/whs/directives/corres/pdf/132208p.pdf).
    (2) Establish rates of tuition assistance (TA) to ensure uniformity 
across the Military Services as required by DoD Directive 1322.08E and 
this part.
    (3) Establish the Interservice Voluntary Education Board, comprised 
of full-time or permanent part-time federal employees.
    (4) Maintain a program to assess the effectiveness of the voluntary 
education programs on military installations.
    (5) Issue written policy guidance annually for the funding and 
operation

[[Page 47507]]

of the Defense Activity for Non-Traditional Education Support (DANTES).
    (b) The Deputy Under Secretary of Defense for Military Community 
and Family Policy (DUSD(MC&FP)), under the authority, direction, and 
control of the USD(P&R), shall:
    (1) Ensure compliance with this part and DoD Directive 1322.08E and 
related issuances.
    (2) Exercise oversight over the DoD Voluntary Education Program.
    (3) Provide ongoing and routine clarifying guidance for the DoD 
Voluntary Education Program, to include DANTES.
    (4) Provide representatives to professional education and cross-
agency panels addressing issues impacting the DoD voluntary education 
programs, its regulatory scope, clientele, and partners.
    (5) Designates the Voluntary Education Chief within the Office of 
the DUSD(MC&FP) as the chairperson of the Interservice Voluntary 
Education Board.
    (c) The Interservice Voluntary Education Board, under the 
authority, direction, and control of the Voluntary Education Chief 
within the Office of the DUSD(MC&FP), is comprised of one 
representative from the ASD(RA), and one representative each from the 
Army, Navy, Air Force, and Marine Corps. The Director, DANTES, shall 
serve as an ex officio member. Meeting quarterly, the Board shall:
    (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 DANTES activities which 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 Five-Year Defense Plan.
    (d) The Director, DANTES, under the authority, direction, and 
control of the Voluntary Education Chief of the Educational 
Opportunities Directorate within the Office of the DUSD(MC&FP), shall:
    (1) Support the off-duty, voluntary education programs of DoD and 
conduct special projects and developmental activities in support of 
education-related DoD functions.
    (2) 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 recruitment, retention, and the transition efforts of 
DoD.
    (3) Assume responsibilities and functions that include:
    (i) 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.
    (ii) Upon request, issuing transcripts for the United States Armed 
Forces Institute and the examination and certification programs.
    (iii) Managing the contract through which former DoD Dependents 
Schools students can obtain copies of archived transcripts.
    (iv) Managing the contract and functions related to the evaluation 
of educational experiences in the Armed Forces that are covered by the 
contract.
    (v) Providing or developing and distributing educational materials, 
reference books, counseling publications, educational software, and key 
educational resource information to DoD, the Military Services, and the 
installations.
    (vi) Managing the SOC program contract and related functions.
    (vii) Managing the DoD contract that provides for periodic third-
party reviews of DoD voluntary education programs (Military Voluntary 
Education Review (MVER)).
    (viii) Managing the Voluntary Education Programs for Military 
Personnel-Management Information System includes gathering, collating, 
troubleshooting, and verifying participation and cost data from the 
Services. Providing requisite consolidated reports to USD(P&R), per DoD 
Instruction 1322.9 (see http://www.dtic.mil/whs/directives/corres/pdf/132209p.pdf).
    (ix) Establishing, maintaining, and updating systems and processes 
to administer, track, and process updates to, and generate reports 
from, the centrally-managed DoD Voluntary Education Partnership 
Memorandums of Understanding (MOUs) between DoD and institutions 
offering coursework to military personnel and their eligible adult 
family members, as specified in appendices A, B, C, D, and E to this 
part.
    (x) Managing the DoD independent study catalog and its support 
systems.
    (xi) Negotiating, administering, and coordinating contracts for DoD 
Worldwide Education Symposia in support of and in conjunction with the 
Interservice Voluntary Education Board.
    (xii) Establishing, refining, updating, and maintaining a DoD 
voluntary education presence on the Internet. Maintain necessary 
infrastructure to ensure that information on the Internet is always 
current and available to leadership, agency personnel, the public, and 
others.
    (xiii) Administering the TTT program in accordance with the TTT MOU 
negotiated by DoD with the Department of Education, ``Transfer of Funds 
to Administer the Troops-to-Teachers Program.'' \1\
---------------------------------------------------------------------------

    \1\ For copies of this MOU or information on the Troops-to-
Teachers Program, e-mail: ttt@navy.mil or call 1-800-231-6242.
---------------------------------------------------------------------------

    (xiv) 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.
    (xv) 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.
    (xvi) Serving as the Defense Media Activity's point of contact for 
information on DANTES programs for military personnel.
    (xvii) Providing support, as requested, to DoD and Service Quality 
of Life and Transition support programs.
    (xviii) Providing other support in mission areas as directed by 
policy guidance issued by the USD(P&R) and the DUSD(MC&FP).
    (4) Maintaining 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.
    (5) Serving on panels and working groups designated by the 
DUSD(MC&FP) or designee.
    (6) Serving 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, shall 
coordinate the meeting, prepare the

[[Page 47508]]

agenda, review and analyze DANTES' programs and initiatives outlined in 
the prior year's operational plan, and provide minutes after the 
meeting.
    (7) Maintaining the repository for the DoD Voluntary Education 
Partnership MOU between USD(P&R) and Partner Institutions, to include 
Service-specific addendums. DANTES will:
    (i) Administer the system per guidance from USD(P&R).
    (ii) Create and maintain a data base for all signed documents.
    (iii) Publish a web-based list of all institutions that have signed 
partnership agreements.
    (8) Providing data analyses and generate reports required by DoD 
and the Interservice Voluntary Education Board as needed.
    (e) The Assistant Secretary of Defense for Reserve Affairs 
(ASD(RA)), under the authority, direction, and control of the USD(P&R), 
shall:
    (1) Ensure compliance with this part and DoD Directive 1322.08E and 
related issuances.
    (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 within the Office of DUSD(MC&FP).
    (f) The Secretaries of the Military Departments shall:
    (1) Ensure compliance with this part and DoD Directive 1322.08E and 
related issuances.
    (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 and/or technical programs, 
and programs leading to the award of undergraduate and graduate 
degrees.
    (3) Ensure sufficient funding is available to provide Service 
members with TA support consistent with the requirements in appendices 
A, B, C, D, and E to this part.
    (4) Ensure educational counseling is available to Service members 
so they will have sufficient information and guidance to plan an 
appropriate program of study.
    (5) Ensure voluntary education programs participate in the 
established DoD third party review process (MVER).
    (i) The third-party review assesses the quality delivery, and 
coordination of the voluntary education programs provided to military 
personnel on the installation, in the community and via distance 
learning. It assists in improving the quality of the delivery of these 
programs through recommendations to institutions, installations, and 
the Military Services.
    (ii) Waivers to the third party review must be submitted to and 
approved by the Voluntary Education Chief within the Office of the 
DUSD(MC&FP).
    (6) Provide an Army, Navy, Air Force, and Marine Corps 
representative to serve on the Interservice Voluntary Education Board.
    (7) Assign, on a rotating basis, a senior enlisted Service member 
in pay grade E-9 to serve as the DANTES enlisted advisor.
    (8) Ensure military test control officers and test centers comply 
with the policies and procedures published in the DANTES Examination 
Program Handbook, available at http://www.dantes.doded.mil/dantes_web/library/docs/deph/part1/part1.pdf.
    (9) Ensure 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.
    (10) Provide opportunities for Service members to access the 
Internet to enroll in and complete postsecondary courses that are part 
of their approved educational plan leading to an educational goal.
    (g) The Secretary of the Navy, as the DoD Executive Agent (DoD EA) 
for DANTES per DoD Directive 1322.08E and DoD Directive 5101.1, in 
addition to the responsibilities in paragraph (f) of this section, 
shall:
    (1) Transmit annual policy guidance issued by USD(P&R) to DANTES.
    (2) Ensure the Director of DANTES serves as the Executive Secretary 
of the Interservice Voluntary Education Board and prepares the agenda 
and minutes of meetings.
    (3) Ensure the Director of DANTES provides updates on DANTES plans, 
operations, and activities to the USD(P&R).
    (4) Through its civilian personnel system, will advertise the 
position of Director of DANTES when the position is vacated. The 
Secretary of the Navy, as the DoD EA, will appoint the Director of 
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 shall be available for Service members participating in high school 
completion and accredited undergraduate or graduate education programs. 
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 Deputy Under Secretary of Defense (Plans) as 
strategic stronghold or immediate investment languages.
    (ii) Dominant-in-the-force languages and languages deemed by DoD as 
already having sufficient strategic capacity authorized will not be 
funded under title 10 of the U.S. Code, except for OCONUS assignments.
    (2) TA shall be applied:
    (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 and training of active 
duty Service members during their off-duty periods, each Military 
Service shall 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.
    (A) When an institution's charges are $250.00 or less per semester-
hour of credit or its equivalent, the responsible Service shall pay the 
entire amount charged by the institution. In computing credit 
equivalency, the following conversions shall apply: 1 quarter hour 
credit = \2/3\ semester hour credit; and 15 contact hours shall 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 $250.00 per semester-hour 
of credit, or its equivalent, the responsible Service, subject to 
appropriations, shall pay $250.00 per semester-hour of credit. The 
Services shall pay no more than $250.00 per semester-unit for tuition 
and fees combined.
    (C) Each Service member participating in off-duty, voluntary 
education are eligible for up to $4,500.00, in aggregate, for each 
fiscal year.
    (D) Covered charges include those submitted to the Service by the 
educational institution for tuition, instructional fees, laboratory 
fees,

[[Page 47509]]

computer fees, and other fees directly related to the specific course 
enrollment of that member in that educational institution. TA funds are 
not to be used for the purchase of books.
    (E) To be eligible to receive TA, a military Service member must 
meet the minimum requirement of successfully completing basic training. 
In addition, all respective service requirements must be met to include 
training qualification, unit assignment, and/or time in service 
criteria.
    (F) When approved in advance and consistent with paragraphs 
(a)(2)(ii)(A) through (D) of this section, Service members may be 
reimbursed for charges of an educational institution for certain non-
traditional courses for which, as a matter of policy, payment is not 
authorized until proof of completion is provided.
    (iii) The TA rate, credit cap, and annual per capita ceiling, shall 
be reviewed periodically in consideration of inflation and other 
effects, and shall be applicable uniformly whether instruction is 
delivered traditionally in-the-classroom or through distance education. 
Rates of TA other than as identified in paragraphs (a)(2)(ii)(A) 
through (F) of this section are not authorized.
    (3) TA is available to a commissioned officer on active duty only 
if the officer agrees to remain on active duty, other than an officer 
serving in the Ready Reserves, for a period of at least 2 years after 
the completion of the education or training for which TA was paid (see 
10 U.S.C. 2007).
    (4) The Secretary concerned may make TA available to a member of 
the SELRES if (see 10 U.S.C. 2007):
    (i) In the case of a commissioned officer, the officer must agree 
to remain a member of the SELRES for at least 4 years after completion 
of the education or training for which TA is paid.
    (ii) In the case of an enlisted member, the Secretary concerned may 
require the member of the SELRES to enter into an agreement to remain a 
member of the SELRES for up to 4 years after completion of the 
education or training for which TA is paid.
    (5) The Secretary concerned may make TA available to a member of 
the IRR who has a military occupational specialty designated by the 
Secretary concerned if (see 10 U.S.C. 2007):
    (i) In the case of a commissioned officer, the officer must agree 
to remain a member of the SELRES or IRR for at least 4 years after 
completion of the education or training for which TA was paid.
    (ii) In the case of an enlisted member, the Secretary concerned may 
require the member of the IRR to enter into an agreement to remain a 
member of the IRR for up to 4 years after completion of the education 
or training for which TA is paid.
    (6) Members performing Active Guard and Reserve (AGR) duty under 
either 10 U.S.C. 12301 or active duty under 14 U.S.C. 712 are eligible 
for TA under paragraph (a)(4) of this section.
    (7) Reimbursement for an unfulfilled TA obligation is required as 
stipulated in 10 U.S.C. 2005 or 37 U.S.C. 303a(e), as they 
appropriately apply to members of the Active and Reserve components.
    (8) To retain TA, students 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 in 
graduate studies on a 4.0 grading scale.
    (9) TA shall 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 to pay tuition costs not covered by TA.
    (10) Pell Grants may be used in conjunction with TA assistance, 
including their use to pay that portion of tuition costs not covered by 
TA.
    (11) TA shall be provided for courses provided by institutions 
awarding degrees based on demonstrated competency, if all of the 
conditions in paragraphs (a)(11)(i), (ii), and (iii) of this section 
are met:
    (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 part-time, less than a full-time 
unit load option for active duty personnel taking a bundled course 
load.
    (iv) 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.
    (12) When used for post-secondary training, TA shall be provided 
only for courses offered by postsecondary institutions accredited by an 
accrediting body recognized by the U.S. Department of Education.
    (13) To receive TA, an institution must be a signatory of the DoD 
Voluntary Education Partnership Memorandum of Understanding (MOU) in 
appendices A, B, C, D, and E to this part, and the MOU must be posted 
on the DANTES Web site.
    (b) Guidelines for establishing, maintaining, and operating 
voluntary education programs. (1) Education programs established under 
this part by each Military Service shall:
    (i) Provide for the academic, technical, intellectual, personal, 
and professional development of Service members, thereby contributing 
to the readiness of the Armed Forces 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 certificate, diploma, or 
college degree, signifying satisfactory completion of the educational 
program.
    (iv) Include an academic skills program, as needed, 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 and basic science.
    (v) Include programs and college offerings that support findings 
from periodic needs assessments. Duplication of course offerings on an 
installation should be avoided. However, the availability of similar 
courses through correspondence or electronic delivery shall not be 
considered duplication.
    (vi) Be described in a publication or on-line source that includes 
on-installation educational programs, programs available at adjacent 
installations, and colleges and universities nearby the installation.
    (2) Each Military Service, in cooperation with community 
educational service providers, shall provide support essential to 
operating effective education programs. This support includes:
    (i) Adequate funds for program implementation, administration, and 
TA.
    (ii) Adequately train staff to determine program needs, counsel 
students, provide testing services, and procure educational programs 
and services.
    (iii) Adequate and appropriate classroom, laboratory, and office

[[Page 47510]]

facilities and equipment, including computers.
    (iv) Access to telecommunications networks, computers, and 
libraries at times convenient to active duty personnel.
    (3) In operating its programs, each Military Service shall:
    (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.
    (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 Coast Guard when acting as a Military 
Service in the Department of the Navy) who are assigned for duty at 
installations of the host Service.
    (v) Continually assess the state of its voluntary education 
programs and periodically conduct a formal needs assessment to ensure 
that the best possible programs are available to their members at each 
installation or in their state or area command for Reserve component 
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) DoD civilian employees, members of the Reserve Components, 
retirees, and eligible adult family members of active duty personnel, 
DoD civilian employees, members of the Reserve Components, and retirees 
may participate in installation postsecondary education programs on a 
space-available basis and at no cost to the individual Service TA 
Program.
    (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 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, after the registration of military personnel, civilian 
employees, and eligible adult family members. Participation may also be 
subject to the terms of Status of Forces or other regulating 
agreements.
    (6) Education centers and Navy College offices shall 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 operating a High School Program, each Military Service shall 
ensure the following:
    (i) All Service members with less than a high school education 
shall have the opportunity to attain a high school diploma or its 
equivalent.
    (ii) Neither a Military Service nor DANTES shall issue a 
certificate or similar document to Service members based on performance 
on high school equivalency tests. Military Services shall recognize 
attainment of high school completion or equivalency only after a State- 
or territory-approved agency has awarded the appropriate credential.
    (iii) The Military Services shall pay 100 percent of the cost of 
high school equivalency instruction or proficiency testing and 
credentialing for Service members.
    (iv) High school diploma programs must be delivered by institutions 
that are accredited by a regional accrediting body or recognized by a 
State's secondary school authority.
    (c) Procedures for obtaining voluntary education programs and 
services on military installations. (1) Educational institutions 
interested in providing education and training opportunities on a 
military installation will provide their proposals to the installation 
education advisor, who will review and analyze these requests of the 
institutions on behalf of the installation commander.
    (2) To obtain viable educational programs on a military 
installation, the installation education advisor shall communicate the 
installation's educational needs to a wide variety of potential 
providers.
    (3) A military installation seeking to obtain educational programs 
shall provide the following information to interested providers:
    (i) The level of instruction desired and specific degree programs 
being sought.
    (ii) A demographic profile of the installation population and 
probable volume of participation in the program.
    (iii) Facilities, equipment, and supporting services that the 
installation will provide without charge.
    (iv) A copy of this part.
    (v) Special requirements such as:
    (A) Format (e.g., distance, evening, or weekend classes), 
independent study, short seminar, or other mode of delivery of 
instruction.
    (B) Unique scheduling problems related to the operational mission 
of the installation.
    (C) Any installation restrictions, limitations, or special 
considerations relevant to using an alternate delivery system (distance 
learning).
    (4) In addition to the information in paragraph (c)(3) of this 
section, a military installation seeking to use alternate modes for the 
delivery of instruction shall inform potential providers about the 
following:
    (i) Available computer hardware and supporting equipment.
    (ii) Availability of space and level of security that can be 
expected.
    (iii) Electrical, satellite, and network capabilities at the site.
    (5) A Military Service considering an alternate delivery provider 
shall ascertain:
    (i) If students will need special training or orientation for 
special courses or programs or for alternate delivery methods (distance 
learning, etc.) and, if so, how students will receive such orientation.
    (ii) What electronic equipment and technical support are necessary 
at local sites.
    (iii) If it will be necessary to have on-site facilitators.
    (6) In evaluating proposals from potential providers, preference 
shall be given to those that meet 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 Consortium 
Principles and Criteria (available at http://www.soc.aascu.org/socconsortium/PublicationsSOC.html) principles regarding the 
transferability of credit and the awarding of credit for military 
training and experience.
    (iv) The provider is prepared to offer academic counseling and 
flexibility in accommodating special military schedules.
    (7) In evaluating proposals from potential alternative delivery 
providers, preference shall be given to those that meet the following 
additional criteria:

[[Page 47511]]

    (i) Documentation shows that courses offered using the alternative 
delivery mode have been used successfully for at least two years.
    (ii) The program and delivery method address the needs of the 
population to be served.
    (iii) Support systems exist to back up the delivery method.
    (8) In establishing education programs on military installations, 
appropriate government officials shall seek favorable tuition rates, 
student services, and instructional support from providers.
    (d) Minimum criteria for selecting institutions to deliver higher 
education programs and services on military installations. To be 
selected, institutions must:
    (1) Be chartered or licensed by a State government or the Federal 
Government, and have State approval for the use of veterans' 
educational benefits for the courses to be offered.
    (2) Be accredited by an agency recognized by the U.S. Department of 
Education.
    (3) 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.
    (4) 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 
shall possess comparable qualifications as full-time permanent faculty 
members.
    (5) 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.
    (6) 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.
    (7) Provide library and other reference and research resources, in 
either print or electronic format, that are appropriate and necessary 
to support course offerings.
    (8) 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.)
    (9) Provide students with regular and accessible counseling 
services either electronically or in-person.
    (10) Charge tuition and fees that are not more than those charged 
to nonmilitary students.
    (11) 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.
    (e) DANTES. (1) Policy control and recommendations for DANTES shall 
be developed with the advice of the Interservice Voluntary Education 
Board.
    (2) Selection and rating of the Director, DANTES. (i) The 
DUSD(MC&FP) 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 Service Secretaries will provide a senior 
manager to sit on the search committee. The committee will recommend 
the best qualified candidate to the DoD EA for possible appointment as 
the Director, DANTES.
    (ii) The Director, State Liaison and Educational Opportunity, or 
its successor function, will be the rater of the Director, DANTES. The 
DUSD(MC&FP) will serve as the second-level rater.
    (3) DANTES will:
    (i) Develop, update, maintain and generate a registry of, and 
required reports pertaining to, MOUs of institutions approved to 
receive military TA for traditional and DL programs and courses.
    (ii) Support the Service Voluntary Education programs by executing 
the program outlined in this part and the annual USD(P&R) policy 
guidance.
    (iii) 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.

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 our 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 our Nation's policies and objectives, requires 
DoD to sponsor postsecondary educational programs using a variety of 
learning modalities, which include instructor-led courses offered 
both on-installation and off-installation, as well as distance 
learning options. All are designed to support the professional and 
personal development and progress of our 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 retirees 
ways to advance their personal education and career aspirations, 
prepare them for future vocational pursuits, both inside and outside 
of DoD, and thus helps strengthen our Nation by producing a well-
educated citizenry. This 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 make 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 nor a guarantee of 
program enrollments by DoD personnel, their eligible adult family 
members, DoD civilian employees, and retirees in an educational 
institution's academic programs, nor 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 the following education programs: 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) Eligible DoD recipients are governed by DoD Instruction 
1322.25, DoD Directive 1322.08E, and each Military Service's 
policies, regulations, and fiscal constraints.
    (2) Outside of the United States, education programs shall be 
operated in accordance with guidance from DoD Instruction 1322.25, 
DoD Instruction 1322.19, section 518 of Public Law 101-189 (10 
United States Code Section 113 note), and under the terms of the 
Tri-Services contract currently in effect.
    f. This MOU is subject at all times to the rules, guidelines, 
and regulations of DoD. Any conflicts between this MOU and such 
rules, guidelines, and regulations will be resolved in favor of the 
rules, guidelines, or regulations.

3. Educational Institution (Including Certificate and Degree 
Granting Educational Institutions) Requirements for TA

    a. Have a signed MOU with DoD and adhere to requirements below 
prior to being

[[Page 47512]]

eligible to receive TA payments. The MOU includes Service-specific 
addenda (see Appendix B, C, D, and E of 32 CFR part 68).
    (1) Those educational institutions that have a current MOU with 
DoD will sign this MOU at the expiration of their current MOU, or at 
the request of DoD or the specific Military Service holding a 
separate current MOU.
    (2) Educational institutions must comply with this MOU and 
Service-specific addenda requirements that do not conflict with 
governing rules, guidelines, and regulations. Educational 
institutions failing to comply with requirements set forth in this 
MOU may receive a letter of warning, denial of establishment of new 
programs, termination of the MOU, removal from the installation, 
and/or withdrawal of approval of issuance of TA.
    b. Must be accredited by an accrediting agency recognized by the 
U.S. Department of Education.
    c. Agree to support the regulatory guidance provided by DoD and 
the Services.
    d. Adhere to the Servicemembers Opportunity Colleges (SOC) 
Consortium Principles, Criteria, and Military Student Bill of 
Rights. (Principles and Criteria available at http://www.soc.aascu.org/socconsortium/PublicationsSOC.html; Bill of Rights 
available at http://www.soc.aascu.org/socconsortium/PublicationsSOC.html). SOC Principles are based on the principles 
set forth in the Joint Statement on the Transfer and Award of Credit 
(available at http://www.acenet.edu/Content/NavigationMenu/ProgramsServices/CLLL/Joint.htm), which were developed by members 
from the American Association of Collegiate Registrars and 
Admissions Officers (AACRAO), the American Council on Education 
(ACE), and the Council for Higher Education Accreditation (CHEA).
    e. Recognize, accept, and award credit where appropriate, from 
the Army/American Council on Education Registry Transcript System, 
the Sailor/Marine American Council on Education Registry Transcript 
System, the Community College of the Air Force (CCAF), and the Coast 
Guard Institute transcript as the official sources of military 
training and experience documentation with corresponding college 
credit recommendations, when processing the individual's documented 
education plan.
    f. Agree to participate in the Military Voluntary Education 
Review (MVER) process when requested. This requirement applies not 
only to institutions providing courses on military installations, 
but also to those institutions providing postsecondary instruction 
not located on the military installation and via distance learning.

4. TA Program Requirements for Educational Institutions

    a. One Single TA Rate. Educational institutions will have one 
single TA rate for all Service members, regardless of Service 
component, within a specific Office of Postsecondary Education 
identification number (OPE ID). The OPE ID is assigned by the 
Department of Education to institutions approved to participate in 
federal student financial aid programs. This single TA rate includes 
active duty military members, members of the Reserve components, and 
the National Guard.
    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.
    c. Educational plan.
    (1) Institutions will provide an evaluated educational plan to 
the Service member and his or her Service upon meeting one of the 
following conditions:
    (a) Within 60 days after the individual has been accepted for 
admission; or
    (b) After all required transcripts have been provided; or
    (c) After individual has completed 6 semester hours with the 
institution.
    (2) Institutions will submit a new evaluated educational plan 
when a Services' education advisor approves a change in the Service 
member's educational goal.
    (3) When an educational plan is issued, institutions will not 
add, delete, or change course requirements after the student accepts 
the education plan and begins the course of study.
    d. Approved and Valid 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.
    (2) Valid Courses.
    (a) Part of an individual's evaluated educational plan; or
    (b) Pre-requisites 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.
    (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 shall provide information and application processes for 
scholarships, fellowships, grants, loans, etc., to DoD TA 
recipients.
    (3) DoD TA recipients, who also qualify for Pell Grants through 
the Department of Education's Free Application for Financial Student 
Assistance program, shall have their TA benefits applied to their 
educational institution's account prior to the dispersal of their 
Pell Grant funds.
    f. Administration of Tuition and Fees.
    (1) The Services will provide TA in accordance with DoD- and 
Service-appropriate regulations. Any additional costs will be paid 
by the Service member to the institution at the time of registration 
in accordance with the institution's policy.
    (2) TA will be limited to tuition and reimbursable fees/costs 
specifically required as a condition of enrollment in a particular 
class.
    (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) The tuition and fee structure for the degree programs the 
institution proposes to offer on the installation must be provided 
annually. Any changes in the tuition and fee structure 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.
    (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 and fees paid for a course that is cancelled by the 
institution.
    (7) TA invoicing information is located in the Service-specific 
addenda attached to this MOU.
    g. Course Cancellations. Institutions are responsible for 
notifying Service members of class cancellations for both classroom 
and distance learning 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/registration.
    (2) Institution representatives will counsel students to refrain 
from purchasing course materials prior to confirmation of sufficient 
enrollments for conduct of 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 
and/or requesting TA.
    (3) Institutions will provide students with electronic access to 
their main administrative and academic center's library materials 
and professional services, as well as periodicals and books.
    i. Graduation Achievement Recognition.
    (1) The educational institution shall 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 institutions 
shall provide the Government a list of those TA recipients who have 
completed a certificate, diploma, or degree program. The list will 
include the degree level, major, and major program requirements 
completion date.
    (3) The institution shall make no distinction on any credential 
to reflect that

[[Page 47513]]

the course(s) or program(s) were not conducted at its main 
administrative and academic center.
    (4) The institution shall provide students the opportunity to 
participate in a graduation ceremony.
    j. Reporting Requirements and Performance Metrics.
    (1) The institution shall provide electronic reports on all DoD 
TA recipients for programs and courses offered to personnel at each 
installation as required by the Service. This includes, but is not 
limited to, TA transactions, final course grades to include 
incompletes and withdrawals, degrees awarded, certificates earned, 
documented educational plans, courses offered, class rosters, and 
military graduation.
    (2) The 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 shall 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 shall be 
provided within 14 calendar days.

5. Requirements and Responsibilities for the Delivery of On-
Installation Voluntary Education Programs and Services

    a. Educational Institutions.
    (1) Will agree to have a separate Installation MOU if they have 
a Service agreement to provide on-installation courses/degree 
programs. The Installation MOU contains the installation-unique 
requirements, which will be coordinated, documented, and retained by 
the installation's education advisor, with concurrence from the 
appropriate Service voluntary education representative, and 
presented to the Installation Commander for final approval.
    (2) Will comply with the installation-unique requirements in the 
Installation MOU that do not conflict with the DoD Voluntary 
Education Partnership MOU and governing regulations.
    (3) Will 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 opening 
of classes for registration.
    (4) Will 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 to:
    (a) Active duty, Reserve, and National Guard Personnel;
    (b) Eligible adult family members of active duty and Reserve 
component personnel;
    (c) Federally funded DoD civilian employees;
    (d) Military retirees, other DoD personnel and their eligible 
adult family members; and civilians (on a space-available basis and 
subject to the Installation Commander's authorization) when their 
enrollment is in the best interest of the installation's program.
    (5) Will 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) Will 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) Will inform the installation education advisor about class 
cancellations for classroom-based classes on military installations 
no later than seven calendar days prior to the beginning of the 
term.
    b. Military Service on the Installation.
    (1) The Services' designated installation representative 
(usually the installation education advisor), shall 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, shall 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:
    (a) Classroom and office space, as available. The Service will 
determine the adequacy of provided space.
    (b) 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.
    (c) Standard office and classroom furnishings within available 
resources. No specialized equipment will be provided.
    (d) Janitorial services in accordance with installation facility 
management policies and contracts.
    c. The Service reserves the right to disapprove installation 
access to any employee of the institution employed to carry out any 
part of this MOU.
    d. Operation of a privately owned vehicle by institution 
employees on the installation will be governed by the installation's 
policies.
    e. 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, Changes, Signatures, Effective Date, and Expiration Date

    a. Review. The signatories (or their successors) will review 
this MOU periodically in coordination with the Services, but no less 
than every 5 years to consider items such as current accreditation 
status, updated program offerings, and program delivery services.
    b. Changes. Changes to this MOU will be in writing and shall be 
subject to approval by both of the signatories below, or their 
successors.
    c. Signatures. The authorized signatory for DoD will be 
designated by the USD(P&R). The authorized signatory for the 
institutions will be determined by the institution.
    d. Effective Date. This MOU is effective on the last date of 
signature below.
    e. Expiration Date. This MOU will expire 5 years from the 
effective date below, unless terminated or updated prior to that 
date in writing by DoD or the Institution. The notice period is 30 
days following a written termination notification.

FOR the DEPARTMENT OF DEFENSE:
-----------------------------------------------------------------------

DESIGNATED SIGNATOR

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

    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 active duty personnel, reservists, eligible retired 
military personnel, and DoD employees, civilians, and the eligible 
adult family members 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 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 
Education and Training Section (ETS) to counsel current students, 
provide information briefings and materials, attend Education Fairs, 
and other informational services approved by the Installation 
Commander. Approval of such requests by the ETS Chief will be based 
on space/time availability as well as need of the installation 
population.
    (3) Assist the Institution with registration and training in the 
Academic Institution Portal (AI Portal) to input basic Institution 
information, degree offerings, tuition rates, grades, invoices, and 
search tools pre-built into the AF on-line Voluntary Education 
system.

[[Page 47514]]

    b. Institutions will:
    (1) Appoint and designate an Institution representative to 
maintain a continuing liaison with the USAF ETS Chief.
    (2) Provide a basic education plan to each Airman and the ETS as 
soon as he/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) Counsel interested Airmen on Academic Institution (AI) 
policies, to include but not limited to course withdrawal dates and 
penalties, course cancellation procedures, course grade publication, 
fees (covered by military tuition assistance (TA) and not covered by 
military TA), billing practices, and policy regarding incompletion 
of a course.
    (5) Register and use the AI Portal to input AI basic 
information, degree offerings, tuition rates, invoice submission, 
course grades submission, and to pull pre-established educational 
institution reports while conducting business with the USAF.
    (6) Submit one consolidated invoice per term via the AI Portal 
for each class in which active duty military Airmen are enrolled 
using the Mil TA. Submission will be made during the term, no later 
than 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 when the AI accepts credit cards for any part of AI business.
    (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.
    (10) All Institutions with no on-installation MOU will 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 
approved by the Installation Commander. Approval of such requests by 
the ETS Chief will be based on space/time availability as well as 
need of the installation population in accordance with installation 
policy.
    (11) 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 military tuition assistance (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. Release and waive all claims against the United States, its 
agents, officers, and employees arising out of the use of Air Force 
facilities, equipment, supplies, and services, by the Institution, 
its officers, agents, employees, and non-DoD affiliated students. 
The Institution further agrees to defend, pay, or settle all claims 
arising out of the use of Air Force facilities based upon the 
negligence, gross negligence, or willful misconduct of its agents, 
officers, employees, and non-DoD affiliated students. The 
Institution will hold the United States harmless from any claims 
arising out of the acts or omissions of the Institution its agents, 
representatives, officers, employees, and non-DoD affiliated 
students.
    d. Cancellation provision. This addendum may be cancelled by 
either the USAF or Institution 30 days following the receipt of 
written notification from the cancelling party.

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 active duty personnel, reservists, eligible retired military 
personnel, and DoD employees, civilians, and the adult family 
members 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 United States Army to 
provide funds to the Institution that would be contrary to Federal 
law.
    2. Responsibilities.
    a. Army Education Services Officer (ESO) will: In support of 
this addendum, 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. 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's (ACES) centralized and streamlined 
management system for the Army's postsecondary voluntary education 
programs. Existing Memorandums of Understanding/Agreements, 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.
    c. Cancellation provision. This addendum may be cancelled by 
either the Army or Institution 30 days following the receipt of 
written notification from the cancelling party.

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 active duty personnel, reservists, eligible retired military 
personnel, and Department of Defense (DoD) employees, civilians, and 
the adult eligible family members 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 United States 
Marine Corps to provide funds to the Institution that would be 
contrary to Federal law.
    2. Responsibilities.
    a. Marine Corps Education Services Officer (ESO) will: In 
support of this addendum, 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 will:
    (1) Appoint and designate an Institution representative to 
maintain a continuing liaison with the Marine ESO.
    (2) Be responsible, through its faculty and administration, for 
making sure that adequate print and non-print media resources to 
support all courses being offered are available at base/installation 
library facilities, on-site institution resource area, and/or via 
electronic transmission. Special resources for individual courses, 
including copies of relevant periodicals, should be placed in the 
base/installation library or made available by the Institution.
    (3) Provide open enrollment in courses conducted through media 
(e.g., portable media devices or computer-aided). Those courses 
shall be on an individual enrollment basis.
    (4) Provide all required equipment when the Institution provides 
instruction via media.
    (5) 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 shall

[[Page 47515]]

also include research and reference material in sufficient quantity 
to meet curriculum and program demands. Materials shall 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 which may allow the student to order material and have it 
mailed to their residence).
    (6) Route locally generated publicity through the base ESO.
    (7) 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, ``Joint Ethics Regulation.'' 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, Formal Grades, and Cancellation 
Provision.
    a. Invoices from institutions must be forwarded to: NETPDTC 
(Code N8115) Pensacola, FL 32509-5241 within 30 days of course 
completion.
    b. All invoices must have the student name (if more than one 
name, alphabetically by last name), social security number, course 
number and description, government cost for each course, and total 
amount of invoice.
    c. All invoices must have an invoice number and date.
    d. If the institution has any problems with the billing of an 
invoice, the institution must notify NETPDTC (Code N8115) Pensacola, 
FL 32509-5241.
    e. Grade reports will be provided to NETPDTC (Code N8115) within 
30 days of term ending date or completion of the course, whichever 
is earlier.
    f. Cancellation provision. This addendum may be cancelled by 
either the Marine Corps or Institution 30 days following the receipt 
of written notification from the cancelling party.

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 
United States Navy. The purpose of this agreement is to provide 
guidelines and procedures for the delivery of educational services 
to active duty personnel, reservists, eligible retired military 
personnel, and the Department of Defense (DoD) employees, civilians, 
and the adult family members not covered in the DoD Voluntary 
Education Partnership Memorandum 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. This agreement may be amended by the Navy 
because of changes in statute, executive order, Navy directive, or 
other federal, state, or local government requirement. Other 
proposed amendments shall be communicated in writing to the other 
party, and that party shall have 90 days to provide a written 
response, and such amendments will only be made upon mutual consent 
of the parties. This addendum does not extend to any third party 
contracts between the educational institution and other non-
educational institutions.
    2. Responsibilities.
    a. Commanding Officer responsible for execution of the Voluntary 
Education program shall:
    (1) Be responsible for determining the local voluntary education 
program needs for the Navy population to be served and for 
recommending to the installation commander the educational programs 
to be offered on the base;
    (2) Administer this agreement and provide program management 
support;
    (3) Change Education Services Officer (ESO) to Navy College 
Office Staff;
    (4) Manage the Navy College program Distance Learning 
Partnership (NCPDLP) agreements.
    b. Navy ESO will: In support of this addendum, maintain a 
continuing liaison with the 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 Navy culture 
orientation to the Institution personnel.
    c. Institution will:
    (1) For distance learning partner institution, comply with 
NCPDLP agreements.
    (2) Appoint and designate an Institution Representative to 
maintain a continuing liaison with the Navy College Office Staff.
    (3) Comply with Wide Area Work Flow processes for invoicing of 
tuition assistance.
    (4) Provide a link to the academic institution through the Navy 
College Program Web Site, only if designated as NCPDLP school.
    (5) Display the academic institution's advertising materials 
(i.e., pamphlets, posters, and brochures) at all Navy College 
Offices, only if designated as NCPDLP school.
    (6) Upon request of the Navy College Office, provide and arrange 
access to the library and other academic reference and research 
resources in print or on-line format that are appropriate or 
necessary to support the courses offered. In addition, these library 
resource arrangements will be in accordance with the standards of 
the institution's accrediting association and the State Regulatory 
Agency having jurisdiction over the academic institution.
    (7) Respond to e-mail message from students within one workday. 
Ensure toll-free telephonic access to academic counseling. Such 
telephonic access shall be available both in the continental United 
States and overseas.
    (8) Comply with host command procedures before starting 
instructor-based courses on any Navy installation. The Navy College 
Office shall negotiate a separate agreement with the academic 
institution in concert with the host command procedures.
    (9) Mail an official transcript indicating degree completion, at 
no cost to the Sailor or the government to the following address: 
Navy College Center, VOLED DET N211, Center for Personal and 
Professional Development, 6490 Saufley Field Road, Pensacola, FL 
32509-5204.
    d. Other responsibilities. Except as otherwise provided in the 
agreement, any dispute concerning an interpretation of, or a 
question of fact arising under this agreement which is not disposed 
of by mutual consent shall be decided by the Commanding Officer 
CPPD. This decision shall be in writing and constitute the final 
administrative determination.
    e. Cancellation provision. This addendum may be cancelled by 
either the Navy or Institution 30 days following the receipt of 
written notification from the cancelling party.

    Dated: July 26, 2010.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2010-19314 Filed 8-5-10; 8:45 am]
BILLING CODE 5001-06-P
```