49382 Federal Register / Vol. 78, No. 157 / Wednesday, August 14, 2013 / Proposed Rules 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD if it is approved by the 

Boeing Commercial Airplanes Organization 

Designation Authorization (ODA) that has 

been authorized by the Manager, Seattle ACO 

to make those findings. For a repair method 

to be approved, the repair must meet the 

certification basis of the airplane, and the 

approval must specifically refer to this AD. 

(k) Related Information 

(1) For more information about this AD, 

contact Suzanne Lucier, Aerospace Engineer, 

Propulsion Branch, ANM–140S, FAA, Seattle 

Aircraft Certification Office, 1601 Lind 

Avenue SW., Renton, WA 98057–3356; 

phone: 425–917–6438; fax: 425–917–6590; 

email: suzanne.lucier@faa.gov. 

(2) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, WA 98124–2207; telephone 206– 

544–5000, extension 1; fax 206–766–5680; 

Internet https://www.myboeingfleet.com. You 

may review copies of the referenced service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., Renton, 

WA. For information on the availability of 

this material at the FAA, call 425–227–1221. 

Issued in Renton, Washington, on August 

6, 2013. 

Jeffrey E. Duven, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–19753 Filed 8–13–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 68 

[Docket No. DOD–2013–OS–0093] 

RIN 0790–AJ06 

Voluntary Education Programs 

AGENCY: Office of the Under Secretary of 

Defense for Personnel and Readiness, 

DoD. 

ACTION: Proposed rule. 

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 


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Federal Register / Vol. 78, No. 157 / Wednesday, August 14, 2013 / Proposed Rules 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 Servicespecific 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 


tkelley on DSK3SPTVN1PROD with PROPOSALS
49384 Federal Register / Vol. 78, No. 157 / Wednesday, August 14, 2013 / Proposed Rules 

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. 

§ 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 Servicespecific TA eligibility criteria and 

management controls. 

(d) Establishes the Interservice 

Voluntary Education Board. 

§ 68.2 Applicability. 

This part applies to the Office of the 

Secretary of Defense, the Military 

Departments, the Office of the Chairman 

of the Joint Chiefs of Staff and the Joint 

Staff, the Combatant Commands, the 

Office of the Inspector General of the 

DoD, the Defense Agencies, the DoD 

Field Activities, and all other 

organizational entities within the DoD 

(referred to collectively in this part as 

the ‘‘DoD Components’’). 

§ 68.3 Definitions. 

The following terms and their 

definitions are for the purpose of this 

part: 

Academic. Relating to education, 

educational studies, an educational 

institution, or the educational system. 

Academic institution. A college, 

university, or other postsecondary 

educational institution of higher 

education. 

Academic institution representative. 

An employee of the academic 

institution. 


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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 fulltime 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 


tkelley on DSK3SPTVN1PROD with PROPOSALS
49386 Federal Register / Vol. 78, No. 157 / Wednesday, August 14, 2013 / Proposed Rules 

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 Post9/11 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. 

§ 68.4 Policy. 

It is DoD policy, consistent with DoD 

Directive 1322.08E, ‘‘Voluntary 

Education Programs for Military 

Personnel’’ (available at http:// 

www.dtic.mil/whs/directives/corres/pdf/ 

132208p.pdf), that: 

(a) Members of the Military Services 

serving on active duty and members of 

the Selected Reserve (SELRES) will be 

afforded the opportunity to complete 

their high school education through a 

state-funded or Service component 

sponsored program; earn an equivalency 

diploma, improve their academic skills 

or level of literacy, enroll in career and 

technical education schools, receive 

college credit for military training and 

experience in accordance with the 

American Council on Education (ACE) 

Guide to the Evaluation of Educational 

Experiences in the Armed Services 

(available at http://www.acenet.edu/ 

news-room/Pages/Military-GuideOnline.aspx), take tests to earn college 

credit, and enroll in postsecondary 

education programs that lead to 

industry-recognized credentials, and 

undergraduate and graduate degrees. 

(b) 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 § 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. 

§ 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 


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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 § 68.6. 

(b) The Assistant Secretary of Defense 

for Readiness and Force Management 

(ASD(R&FM)), under the authority, 

direction, and control of the USD(P&R) 

will: 

(1) Provide administrative assistance 

to the Deputy Assistant Secretary of 

Defense for Military Community and 

Family Policy (DASD(MCFP)), in 

support of the voluntary education 

programs. 

(2) Respond to matters that are 

referred by the DASD(MCFP). 

(c) The DASD(MCFP), under the 

authority, direction, and control of the 

ASD(R&FM), will: 

(1) Monitor compliance with this part 

and DoD Directive 1322.08E and related 

issuances by personnel under his or her 

authority, direction, and control. 

(2) Oversee the DoD Voluntary 

Education Program. 

(3) Provide ongoing and routine 

clarifying guidance for the DoD 

Voluntary Education Program. 

(4) Provide representatives to 

professional education and cross-agency 

panels addressing issues impacting the 

DoD Voluntary Education Program, its 

regulatory scope, clientele, and partners. 

(5) Designate the Voluntary Education 

Chief within the Office of the 

DASD(MCFP) as the Chair of the 

Interservice Voluntary Education Board 

and oversee implementation of Board 

and DANTES procedures as detailed in 

§ 68.6 of this part. 

(6) Oversee the DoD Postsecondary 

Education Complaint System through 

which Service members, spouses, and 

adult family members receiving Federal 

military and veterans educational 

benefits can register on-line complaints 

that will be tracked and responded to by 

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 online 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 § 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 § 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, 


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49388 Federal Register / Vol. 78, No. 157 / Wednesday, August 14, 2013 / Proposed Rules 

Navy, Air Force, and Marine Corps. 

Each Service representative’s 

membership will be on a permanent 

basis and changed only when their 

voluntary education policy position is 

changed. 

(7) Assign, on a rotating basis, a senior 

enlisted Service member in the military 

pay grade E–9 to serve as the DANTES 

enlisted advisor. 

(8) Assign, on a rotating basis, a fieldgrade officer to serve as the DANTES RC 

advisor. 

(9) Require that military test control 

officers and test centers comply with the 

guidance and procedures published in 

the DANTES Examination Program 

Handbook, available at http:// 

www.dantes.doded.mil/Programs/Docs/

DEPH_part1.pdf. 

(10) Require that personnel who 

provide counseling, advice, and 

program management related to 

voluntary education programs have 

access to the DoD Voluntary Education 

homepage and other Web sites so they 

can provide current and accurate 

information to Service members. 

(11) Provide opportunities for Service 

members to access the Internet, where 

available, to enroll in and complete 

postsecondary courses that are part of 

their 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 Servicespecific student complaints received 

and managed through the DoD 

Postsecondary Education Complaint 

System. 

(14) Provide Service members with a 

JST. At a minimum, the JST will include 

documented military student data, 

courses, and military occupations 

evaluated by ACE, including 

descriptions, learning outcomes and 

equivalent college credit 

recommendations, as well as national 

college-level exam results. The 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 § 68.6. 

§ 68.6 Procedures. 

(a) TA for Service members 

participating in education programs. 

(1) TA will be available for Service 

members participating in high school 

completion and approved courses from 

accredited undergraduate or graduate 

education programs or 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 semesterhour of credit, or its equivalent, the 

responsible Service, will pay no more 

than the established cap per semesterunit (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 inthe-classroom or through distance 

education. Rates of TA other than as 

identified in paragraphs (a)(2)(ii)(A) 

through (F) of this section are not 

authorized. 


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(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. 


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49390 Federal Register / Vol. 78, No. 157 / Wednesday, August 14, 2013 / Proposed Rules 

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 oninstallation 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 Servicesponsored, conferences, symposiums, 

and workshops. 

(iv) Provide educational services, 

including TA counseling, academic 

advice and testing to their personnel 

and to personnel of other Services 

(including the U.S. Coast Guard when 

operating as a service in the Navy) who 

are assigned for duty at 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-byexamination options. 

(E) Review of academic program 

options, leading to a degree plan. 

(F) Discussion with prospective 

military students on payment options 

and the use of education benefits for 

postsecondary courses to include DoD 

TA Program, Department of Veterans 


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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 Statefunded or a Service component program 

accredited by a regional accrediting 

body or recognized by a State’s 

secondary school authority. 

(c) Procedures for the 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 


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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 parttime 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 offcampus 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. 


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(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 TriService Contracts, which provide 

educational opportunities for deployed 


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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 fastpaced and highly mobile environment, where 

frequent deployments and mobilizations are 

required to support the Nation’s policies and 

objectives, requires DoD to sponsor 

postsecondary educational programs using a 

variety of learning modalities that include 

instructor-led courses offered both on- and 

off-installation, as well as distance learning 

options. All are designed to support the 

professional and personal development and 

progress of the Service members and our DoD 

civilian workforce. 

b. Making these postsecondary programs 

available to the military community as a 

whole further provides Service members, 

their eligible adult family members, DoD 

civilian employees, and military retirees 

ways to advance their personal education 

and career aspirations and prepares them for 

future vocational pursuits, both inside and 

outside of DoD. This helps strengthen the 

Nation by producing a well-educated 

citizenry and ensures the availability of a 

significant quality-of-life asset that enhances 

recruitment and retention efforts in an allvolunteer force. 

2. Purpose. 

a. This MOU articulates the commitment 

and agreement educational institutions 

provide to DoD by accepting funds via each 

Service’s tuition assistance (TA) program in 

exchange for education services. 

b. This MOU is not an obligation of funds, 

guarantee of program enrollments by DoD 

personnel, their eligible adult family 

members, DoD civilian employees, 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 


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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. 


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(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-ofstate). Tuition rates may also vary based on 

full-time or part-time status, daytime vs. 

evening classes, or matriculation date, such 

as in the case of a guaranteed tuition 

program. 

(2) It is also understood that some States 

have mandated State rates for Guard and 

Reservists within the State. (Those Guard and 

Reservists not activated on title 10, U.S. Code 

orders). 

b. Course Enrollment Information. The 

educational institutions will provide course 

enrollment, course withdrawal, course 

cancellation, course completion or failure, 

grade, verification of degree completion, and 

billing information to the TA issuing 

Service’s education office, as outlined in the 

Service’s regulations and instructions. 

(1) Under section 1232g of title 20, United 

States Code (also known as ‘‘The Family 

Educational Rights and Privacy Act’’ and 

hereinafter referred to as ‘‘FERPA’’), DoD 

recognizes that 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 preregistering 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: 


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(a) Part of an individual’s evaluated 

educational plan; or 

(b) Prerequisites for courses within the 

individual’s evaluated educational plan; or 

(c) Required for acceptance into a higherlevel degree program, unless otherwise 

specified by Service regulations. 

e. Use of Financial Aid with TA. 

(1) ‘‘Top-Up’’ eligible active duty DoD 

personnel may use this Montgomery or Post9/11 G.I. Bill benefit in conjunction with TA 

funds from their Service to cover those 

course costs to the Service member that 

exceed the amount of TA paid by his or her 

Service. 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 tuitionrestricted, Pell Grant funds are not tuitionrestricted and may be applied to other 

allowable charges on the account. 

f. Administration of Tuition. 

(1) The Services will provide TA in 

accordance with DoD- and Serviceappropriate regulations. 

(2) 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. 


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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 classroombased 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 § 68.6. 

For the Department of Defense: 

lllllllllllllllllllll

Designated Signatory 

lllllllllllllllllllll

Date 

For the Institution: 

lllllllllllllllllllll

President or Designee 

lllllllllllllllllllll

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-theclassroom setting. 

(4) Provide to airmen, upon their request, 

information on Institution policies including, 

but not limited to, course withdrawal dates 

and penalties, course cancellation 

procedures, course grade publication, billing 

practices, and policy regarding incompletion 

of a course. Face-to-face counseling is not 

required. 

(5) Register and use the AI Portal to input 

Institution basic information, degree 

offerings, tuition rates, invoice submission, 

course grades submission, degree 

completions, and to pull pre-established 

educational institution reports while 

conducting business with the USAF. 


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(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 noninstallation 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 


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49400 Federal Register / Vol. 78, No. 157 / Wednesday, August 14, 2013 / Proposed Rules 

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 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2013–0474; FRL–9846–9 ] 

Approval and Promulgation of Air 

Quality Implementation Plans; Utah; 

Revisions to Utah Administrative Code 

and an Associated Plan Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to partially 

approve and partially disapprove State 

Implementation Plan (SIP) revisions 

submitted by the State of Utah on 

September 20, 1999. The September 20, 

1999 submittal revised the numbering 

and format of the Utah Administrative 

Code (UAC) rules within Utah’s SIP. In 

this action, EPA is acting on those rules 

from the September 20, 1999 submittal 

that still require EPA action. 

Specifically, EPA is proposing to 

approve R307–110–16, ‘‘Section IX, 

Control Measures for Area and Point 

Sources, Part G, Fluoride,’’ and to 

disapprove R307–110–29, ‘‘Section XXI, 

Diesel Inspection and Maintenance 

Program.’’ In conjunction with our 

proposed disapproval of R307–110–29, 

we are also proposing to disapprove the 

Utah Diesel Inspection and Maintenance 

Program, which Utah submitted as a 

revision to the SIP on February 6, 1996, 

and which was incorporated by 

reference in R307–110–29 as part of the 

September 20, 1999 submittal. This 

action is being taken under section 110 

of the CAA. 

DATES: Comments must be received on 

or before September 13, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08– 

OAR–2013–0474, by one of the 

following methods: 

• www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

• Email: ostendorf.jody@epa.gov. 

• Fax: (303) 312–6064 (please alert 

the individual listed in the FOR FURTHER

INFORMATION CONTACT if you are faxing 

comments). 

• Mail: Carl Daly, Director, Air 

Program, Environmental Protection 

Agency (EPA), Region 8, Mailcode 

8P–AR, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129. 

• Hand Delivery: Carl Daly, Director, 

Air Program, Environmental Protection 

Agency (EPA), Region 8, Mailcode 

8P–AR, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129. Such deliveries 

are only accepted Monday through 

Friday, 8:00 a.m. to 4:30 p.m., excluding 

federal holidays. Special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R08–OAR–2013– 

0474. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA, without going 

through www.regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

For additional instructions on 

submitting comments, go to section I. 

General Information of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: All documents in the docket 

are listed in the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, e.g., CBI or other information 

whose disclosure is restricted by statute. 


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