`[Federal Register Volume 72, Number 201 (Thursday, October 18, 2007)]
[Proposed Rules]
[Pages 59053-59064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-5157]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 217

[DOD-2007-OS-0001; 0790-AI19]


Service Academies

AGENCY: Department of Defense.

ACTION: Proposed rule.

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SUMMARY: The Department of Defense proposes to revise and update policy 
guidance and oversight of the Military Service Academies. This proposed 
rule implements 10 U.S.C. 403, 603, and 903 for the establishment and 
operation of the United States Military Academy, the United States 
Naval Academy, and the United States Air Force Academy.

DATES: Comments must be received by December 17, 2007.

ADDRESSES: You may submit comments, identified by docket number and or 
RIN number and title, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Federal Docket Management System Office, 1160 
Defense Pentagon, Washington, DC 20301-1160.
    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Information Number (RIN) for this 
Federal Register document. The general policy for comments and other 
submissions from members of the public is to make these submissions 
available for public viewing on the Internet at http://regulations.gov 
as they are received without change, including any personal identifiers 
or contact information.

FOR FURTHER INFORMATION CONTACT: Brenda Leong, Office of the Under 
Secretary of Defense (Personnel and Readiness), 4000 Defense Pentagon, 
Washington, DC 20301-4000 (telephone: (703) 695-5529).

SUPPLEMENTARY INFORMATION: In accordance with the guidance in the 
Deputy Secretary of Defense memorandum, ``DoD Directives Review--Phase 
II,'' July 2005, this document proposes to revise the existing part and 
incorporates two other

[[Page 59054]]

DoD documents, DoD Directive 1332.23 and DoD Instruction 1025.4. It is 
the single DoD document that provides policy, assigns responsibilities, 
and prescribes procedures for operations and oversight of the Service 
academies.

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

    It has been determined that 32 CFR part 217 is not a significant 
regulatory action. The proposed rule does not:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy; a section of the 
economy; productivity; competition; jobs; the environment; public 
health or safety; or State, local, or tribal governments or 
communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another Agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs, or the rights and obligations of 
recipients thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
this Executive Order.

Unfunded Mandates Reform Act (Sec. 202, Pub. L. 104-4)

    It has been certified that this proposed rule does not contain a 
Federal mandate that may result in the 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 this proposed rule 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. This proposed rule establishes procedures to 
establish and operate three Military Service Academies in 
implementation of 10 U.S.C. 403, 603, and 903.

Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)

    It has been certified that this proposed rule does impose reporting 
or recordkeeping requirements under the Paperwork Reduction Act of 
1995. The reporting and recordkeeping requirements have been submitted 
to OMB for review.

Executive Order 13132, ``Federalism''

    It has been certified that this proposed rule does not have 
federalism implications, as set forth in Executive Order 13132. This 
proposed 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 217

    Colleges and universities, Education.

    Accordingly, 32 CFR part 217 is proposed to be added to read as 
follows:

PART 217--SERVICE ACADEMIES

Sec.
217.1 Purpose.
217.2 Applicability.
217.3 Definitions.
217.4 Policy.
217.5 Responsibilities.
217.6 Procedures.
217.7 Information requirements.
Appendix A to Part 217--Applicant Briefing Item on Separation Policy
Appendix B to Part 217--Academy Assessment Report and Preparatory 
School Assessment Report (Format)
Appendix C to Part 217--Service Academy Resources Summary Report 
(Sample)
Appendix D to Part 217--Calculation for Cost per Graduate (CPG)

    Authority: 10 U.S.C. 403, 603, and 903.


Sec.  217.1  Purpose.

    This part establishes policy, assigns responsibilities, and 
prescribes procedures for DoD oversight of the Service academies.


Sec.  217.2.  Applicability.

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


Sec.  217.3  Definitions.

    Academic year. Timeframe that begins the first day of the fall 
semester and ends on the last day of the spring semester.
    Academy(ies). Refers to the U.S. Military, the U.S. Naval, or the 
U.S. Air Force Academy.
    Academy preparatory schools. (1) Postsecondary educational 
institutions operated by each of the Military Departments to provide 
enhanced opportunities for selected candidates to be appointed to the 
academies. The schools provide an avenue for effective transition to 
the academy environment. They prepare selected candidates for admission 
who are judged to need additional preparation in academics, physical 
fitness, or character development. Each school's programs of 
instruction shall focus on academic preparation and on those areas of 
personal and physical preparation that reflect the mission of both the 
academy and the Service concerned.
    (2) Faculty members shall:
    (i) Possess academic expertise and teaching prowess.
    (ii) Exemplify high standards of conduct and performance.
    (iii) Be expected to participate in the full spectrum of the 
school's programs, to include providing leadership, exemplary conduct 
and moral behavior for cadets and midshipmen to emulate, as well as 
involvement in the development of curricular and extracurricular 
activities. Curriculum design shall recognize academic preparation as 
the priority purpose; associated programs shall capitalize on economies 
and efficiencies.
    (3) Preparatory school programs shall provide tailored individual 
instruction to strengthen candidate abilities and to correct 
deficiencies in academic areas emphasized by the academies. 
Additionally, preparatory school programs shall provide supplementary 
instruction in military orientation, physical development, athletics, 
leadership, character development and other specific areas of interest 
determined by the Secretary of the Military Department concerned.
    Active duty lists. A list of officers serving on active duty. 
Officers are listed by the Armed Force of which they are members in 
order of seniority. (See title 10, United States Code (U.S.C.), Section 
620 for additional information.)
    Agreement. Under this part, the agreement signed by a cadet and/or 
midshipman under 10 U.S.C. 2005, 4348(a), 6959(a), or 9348(a).
    Appointment. Applicants who are selected for admission to the 
academies are appointed by the President as cadets or midshipmen. (See 
definition ``Nomination''). Those who complete the course of 
instruction at an academy may be appointed as a commissioned officer in 
the Armed Forces.
    Boards of visitors. 10 U.S.C. Chapters 403, 603, and 903 define the 
composition and purpose of those boards. Annually, those boards visit 
the academies and provide a report to the President of their views and 
recommendations about the academies.
    Cadets and midshipmen. U.S. citizens or foreign students approved 
by Under Secretary of Defense for Personnel and Readiness (USD(P&R)), 
appointed to one

[[Page 59055]]

of the Service academies, and took the oath as cadets or midshipmen.
    Cadets and midshipmen from foreign countries. (1) Foreign students 
may receive instruction at an academy; the number may not exceed the 
limits in 10 U.S.C. Chapters 403, 603, and 903. Such instruction shall 
be on a reimbursable basis. The Under Secretary of Defense for Policy 
(USD(P)) shall designate the countries from which candidates may be 
selected and may waive reimbursement, either wholly or partially.
    (2) Not more than three foreign students from a single country may 
be enrolled at a single academy without approval. Requests for such 
approval shall be submitted by the Secretary concerned, endorsed by the 
USD(P), and approved by the USD(P&R). The enrollment restriction does 
not apply to students participating in exchange programs of up to 2 
semesters duration.
    Cost of education. Costs attributable directly to educating a 
person at a Service academy under regulations prescribed by the 
Secretary of the Military Department concerned and approved by the 
Office of the USD(P&R) and the Office of the Under Secretary of Defense 
(Comptroller/Chief Financial Officer (USD(C/CFO)). Such costs include a 
reasonable charge for the provided education, books, supplies, room, 
board, transportation, and other miscellaneous items furnished at 
Government expense. Excluded are the costs for cadet or midshipman pay 
and allowances, under 37 U.S.C. 203, for uniforms, military training, 
and support for nonacademic military operations.
    Development of Cadets and Midshipmen. (1) Development of cadets and 
midshipmen are prescribed in 10 U.S.C. Chapters 403, 603, and 903 and 
this part.
    (2) The normal course of instruction at an academy is 4 years with 
selected, promising cadets or midshipmen pursuing longer terms when 
required to meet academy educational or graduation requirements. The 
Secretaries of the Military Departments shall arrange the course of 
instruction so cadets or midshipmen are not required to attend classes 
on Sunday.
    (3) Each academy shall provide for development of military and 
leadership skills and physical fitness in addition to academic 
preparation. A broad program of physical fitness and conditioning, as 
well as intramural and intercollegiate athletic programs, shall be 
provided as an integral part of individual development.
    (4) The practice of hazing is prohibited by law, 10 U.S.C. 4352, 
6964, and 9352.
    (5) An important component in the growth of cadets or midshipmen is 
the leadership development system. Its purpose is to motivate graduates 
to seek leadership responsibilities and enable them to think clearly, 
decide wisely, and act decisively under pressure and in a variety of 
leadership situations. Leadership development systems shall be based on 
the following:
    (i) Positive leadership, equal opportunity, and respect for one 
another's value, beliefs, and personal dignity.
    (ii) Leaders work to eliminate dysfunctional stress. The 
Secretaries of the Military Departments concerned and Superintendents 
have wide latitude in determining knowledge requirements and procedures 
for the development and indoctrination of cadets and midshipmen. 
Memorization of trivia, such as complete menus for meals, is generally 
inappropriate. Establishment of such requirements shall be closely 
monitored.
    (iii) Bearing, fitness, and posture are important to effective 
leadership, and contribute to overall well-being. Exaggerated forms of 
posture, speech, or movement (such as ``hugging walls'') generally do 
not constitute proper military bearing. Establishment of such 
requirements shall be closely monitored and used only with the 
knowledge and approval of the Academy Superintendents.
    (iv) Leadership development systems must provide for role models; 
opportunities to learn, practice, and receive feedback; and access to 
support. Direct support to leadership development shall be provided by 
concurrent and relevant coursework, athletic competition, and hands-on 
experience to create interplay between learning the theory of 
leadership in the classroom, while learning the practice of leadership 
outside the classroom.
    (6) The highest ethical and moral standards are expected of the 
officer corps. The honor systems of the academies shall support that 
expectation by enforcing adherence to standards of behavior embodied in 
the honor codes or concepts of the academies. Violations of honor 
standards may constitute a basis for disenrollment.
    (7) The sustainment of high performance standards ensures cadets 
and midshipmen who are unwilling or unable to successfully complete the 
program of instruction at the academy are identified expeditiously. 
Cadets or midshipmen who are identified as ``deficient'' in conduct, 
studies, or physical fitness, and recommended for disenrollment from 
any academy may not, unless recommended by an academic or academy 
board, be returned or reappointed to an academy. Those cadets or 
midshipmen selected for return shall be reappointed consistent with the 
criteria prescribed by the board.
    Disenrollment. The voluntary or involuntary termination of a cadet 
or midshipman status from one of the Service academies.
    Graduation and commission. (1) Cadets and midshipmen who complete 
all requirements prescribed by the Secretary of the Military Department 
for graduation and appointment may be awarded a bachelor of science 
degree and are eligible to be commissioned, in accordance with 10 
U.S.C. Chapters 33, 403, 603, and 903.
    (2) Graduation leave shall be administered in accordance with 10 
U.S.C. 702.
    (3) Officers appointed from cadet or midshipman status shall not be 
voluntarily released from active duty, principally to pursue the 
benefits of another career, during the initial 2 years of active 
commissioned service, unless approved by the USD(P&R).
    Hazing. Any unauthorized assumption of authority by a cadet or 
midshipman whereby another cadet or midshipman suffers or is exposed to 
any cruelty, indignity, humiliation, oppression, or the deprivation or 
abridgment of any right. The Secretaries of the Military Departments or 
the Superintendents of the academies may issue regulations that augment 
this definition to amplify or clarify local guidelines.
    Honor code (Concept). A prescribed standard of ethical behavior 
applicable to cadets or midshipmen as determined by the Secretary of 
the Military Department concerned.
    Inter-service appointment. To be considered qualified for inter-
Service appointment, applicants must meet all graduation requirements 
and all requirements for commissioning in the gaining Service; both the 
gaining and the losing Secretary of the Military Department concerned, 
or their designees, must concur in the appointment. Disagreements shall 
be resolved by USD(P&R). In accordance with 10 U.S.C. Chapter 33, not 
more than 12.5 percent of a graduating class from any academy may be 
commissioned in Armed Forces not under the jurisdiction of the Military 
Department administering that academy.
    Management of cadets and midshipmen. (1) Cadet and midshipman pay 
is prescribed by 37 U.S.C. 203(c).

[[Page 59056]]

    (2) Cadet and midshipman disenrollment shall be managed in 
accordance with the procedures in this part. Individuals failing to 
complete the required course of Academy instruction (including 
disenrollment for academics, conduct, honor code violations or for 
physical deficiency) shall be disenrolled and must either serve an 
appropriate active duty period, or if ordered by the Secretary of the 
Military Department concerned, must reimburse the United States under 
10 U.S.C. 2005 for education costs commensurate with time spent at the 
Academy. Individuals failing to complete the required active duty 
period or who are ordered by the Secretary of the Military Department 
concerned to reimburse the United States under 10 U.S.C. 2005 usually 
shall be required to reimburse the Government for education costs 
commensurate with time remaining on the active duty obligation when 
discharged. There may be circumstances that support the need to refrain 
from taking such an action. Such circumstances may include but not 
limited to a cadet's or midshipman's death, illness, injury, or other 
impairment which is not the result of the cadet's or midshipman's 
misconduct; or needs of the Service. The Secretaries of the Military 
Departments shall carefully review the circumstances involving a 
statutory repayment provision to determine whether such a decision is 
consistent with existing statutory requirements, personnel policies or 
management objectives, equity and good conscience, and the best 
interest of the United States.
    (i) A cadet or midshipman who enters a Service academy from 
civilian status and who disenrolls during the first 2 years and prior 
to the start of the third academic year shall have no active duty 
obligation. A cadet or midshipman who disenrolls after the start of the 
third academic year and who is not suited for enlisted Military 
Service, shall be discharged in accordance with the current Military 
Service regulations that implement this part. All others shall be 
transfer to the active component in an enlisted status and ordered to 
active duty, or ordered to remit monetary recoupment commensurate with 
their attendance at the Academy, in accordance with the procedures in 
this part.
    (ii) A cadet or midshipman who enters a Service academy from the 
Regular or Reserve component of any Military Service and who disenrolls 
shall incur a Military Service commitment in accordance with the 
procedures in this part.
    (iii) A cadet or midshipman who enters a Service academy by way of 
its Preparatory School from civilian status and who disenrolls shall be 
managed by the policy as set forth in paragraph (f)(2)(i) of this 
section.
    (3) As part of the annual assessment report as prescribed by this 
part, the Secretaries of the Military Departments concerned shall 
report the disposition of disenrolled cadets and midshipmen (i.e., 
specifying whether those disenrolled were ordered to active duty or 
were required to reimburse costs of education instead of active duty 
service).
    (4) Cadets and midshipmen must complete all academy requirements to 
receive a commission and a degree. Cadets and midshipmen who become 
medically disqualified for appointment as a commissioned officer during 
their senior year, who otherwise would be qualified to complete the 
course of instruction and to be appointed as a commissioned officer, 
and who are capable of completing the academic course of instruction 
with their peers, shall be permitted to complete the academic course of 
instruction with award of an academic credential determined by the 
Secretary of the Military Department concerned.
    (5) As set forth in 10 U.S.C. 1217, when the Secretary of the 
Military Department concerned determines a cadet or midshipman 
medically disqualified for appointment as a commissioned officer due to 
injury, illness, or disease aggravated or incurred in the line of duty 
while entitled to cadet or midshipman pay, the Secretary may retire the 
member with retired pay in accordance with 10 U.S.C. Chapter 61.
    Nomination. The recommendation of candidates for vacancies at the 
academies, as set forth in 10 U.S.C. Chapters 403, 603, and 903, by one 
holding authority, including the President, the Vice President, the 
Members of Congress and the Delegates, certain Government officials of 
U.S. Possessions, the Secretaries of the Military Departments, and the 
Superintendents of the academies.
    Nomination and appointment of cadets and midshipmen. (1) 
Nomination, appointment, admission, authorized strength and allocation 
of strength among nominating authorities for cadets and midshipmen is 
prescribed in 10 U.S.C. Chapters 403, 603, and 903 and this part.
    (2) Cadets and midshipmen shall be appointed by the President. An 
appointment is conditional until the cadet or midshipman is admitted.
    (3) Appointments shall be offered on a competitive basis to 
nominated candidates having the strongest potential for success as 
cadets or midshipmen, and ultimately as commissioned officers. The 
nominating sources shall be notified of candidates selected for 
appointment.
    (4) Those selected for appointment must have demonstrated the 
following, through evaluations prescribed by the Secretary of the 
Military Department concerned:
    (i) High standards of moral character, personal conduct, and 
integrity.
    (ii) The potential to successfully complete the program of 
instruction.
    (iii) An acceptable level of physical fitness.
    (iv) Medical qualification for such appointment through examination 
procedures defined in DoD Directive 5154.25 and physical standards 
defined in DoD Directive 6130.3.
    (5) The following specific eligibility criteria also shall guide 
selection:
    (i) Age. Applicants must be at least 17 years of age and not have 
passed their 23rd birthday on July 1 of the year of entry into an 
academy.
    (ii) Citizenship. Except foreigners admitted to the academies under 
10 U.S.C. Chapters 403, 603, and 903 and this part, those appointed 
must be citizens or nationals of the United States.
    (iii) Domicile. If nominated by an authority designated in the 
``Congressional'' and ``U.S. Possession'' categories, defined in 10 
U.S.C. Chapters 403, 603, and 903, applicants must be domiciled in the 
constituency of such authorities.
    (iv) Marital status. Those appointed as cadets or midshipmen shall 
not be married and shall not have dependents.
    (6) Any appointment as a cadet or midshipman shall be terminated 
when it is determined that the individual is Human Immunodeficiency 
Virus (HIV) positive or dependent on drugs or alcohol. Similarly, 
appointments shall be terminated for persons who refuse to consent to 
testing and evaluation for these conditions. Testing and a briefing 
about separation policies shall be conducted in accordance with 
procedures outlined in this part.
    (7) The academies shall work to ensure timely disposition of 
appointments for medical evaluations of applicants. Issues relating to 
the administrative management of those evaluations that are not 
resolved to the satisfaction of the academies and the activity 
performing the evaluation shall be forwarded to the Office of the 
USD(P&R) for resolution.

[[Page 59057]]

    (8) U.S. appointees must take and subscribe to an oath prescribed 
by the Secretary of the Military Department to be admitted to an 
academy. If a U.S. candidate for admission refuses to take and 
subscribe to the prescribed oath, the appointment is terminated.
    Review and oversight. (1) Boards of Visitors of the academies are 
established and procedures prescribed by 10 U.S.C. Chapters 403, 603, 
and 903 to inquire into the efficiency and effectiveness of academy 
operations. The Board of Visitors shall submit written reports in 
accordance these chapters and a copy shall be forwarded to the USD(P&R) 
within 60 days of completion of the report.
    (2) Oversight by the Inspector General of the Department of Defense 
(IG, DoD) shall be provided, in accordance with DoD Directive 5106.1 
and Appendix 3 of title 5, Inspector General Act of 1978, as amended. 
When required, the Office of the USD(P&R) shall recommend to the IG, 
DoD, any areas of academy operations that merit specific review during 
the subsequent fiscal year.
    (3) Annual conferences of the Superintendents shall be hosted by 
the academies on a rotating basis, and shall include the Commandants, 
the Deans, the Directors of admissions, the Directors of athletics, and 
others designated by the Superintendents. Conferees shall discuss 
matters of collective interest and shall identify plans to address 
areas requiring corrective action. The host Superintendent shall 
expeditiously provide a summary of issues and actions to the USD(P&R) 
following the conference.
    Superintendent, dean, commandant, permanent professors, and 
director of admission.
    (1) Positions established in the organization of each of the 
academies with duties as set forth in 10 U.S.C. Chapters 403, 603, and 
903 and this part.
    (2) There shall be at each academy a Superintendent, a Dean of the 
faculty, a Commandant, an athletic director, and a director of 
admissions. The Secretaries of the Military Departments may employ as 
many civilian faculty members as considered necessary.
    (3) Positions of dean, director of admissions, and permanent 
professors held by military personnel shall be appointed by the 
President by and with the advice and consent of the Senate; the 
Superintendent and the Commandant shall be detailed to those positions 
by the President.
    (4) The immediate governance of the academies is by their 
Superintendents, who also shall serve as the commanding officers of the 
academies and their military posts.
    (5) The Superintendents shall be responsible for the day-to-day 
operation of the academies, and the welfare of cadets or midshipmen, 
and staff.
    (6) The Deans of the faculties of the academies shall direct and 
manage the development and execution of an undergraduate curriculum 
that recognizes the requirement for graduates to understand technology, 
while gaining a sound historical perspective and an understanding of 
different cultures. The curricula shall be broadly based in the 
physical and social sciences, the study of languages and cultures in 
areas that the Department of Defense is engaged, and the arts and 
humanities.
    (7) The Commandants shall direct and manage military education and 
training programs and exercise command over cadets or midshipmen, as 
determined by the Superintendents.
    (8) The Directors of athletics shall direct and manage the 
intercollegiate athletic programs and other physical fitness programs, 
as determined by the Superintendents. Intercollegiate athletic programs 
shall be in full compliance with all applicable National Collegiate 
Athletics Associations rules and requirements.
    (9) The academic faculties shall consist of civilian and military 
members in proportions determined by the Secretary of the Military 
Department concerned. Faculty members shall possess a mix of 
operational experience, academic expertise and teaching prowess. They 
shall exemplify the highest standards of ethical and moral conduct and 
performance established by the Secretaries of the Military Departments 
concerned, and the Superintendents concerned, consistent with this 
part. They shall participate in the full spectrum of academy programs 
and activities and the development of curricula. They shall actively 
participate in the professional, moral, and ethical development of 
cadets and midshipmen as role models, mentors, and through the 
enforcement of standards of behavior and conduct.
    (10) Military personnel shall conduct themselves in accordance with 
the requirement of exemplary conduct as specified in 10 U.S.C. 3583, 
5947 and 8583.
    (11) The Superintendent shall ensure non-instructional staff 
consists of the minimum number of people consistent with effective 
achievement of the objectives of the academy and its military post.
    (12) Compensation and benefits for civilian faculties shall be 
sufficiently competitive to achieve academic excellence at pay levels 
determined by the Secretary of the Military Department concerned (5 
U.S.C. 5102(c)(10)).
    (13) Additional guidance about organization of the academies is in 
10 U.S.C. Chapters 403, 603, and 903.


Sec.  217.4  Policy.

    As directed by 10 U.S.C. chapters 403, 603, and 903, the 
Secretaries of the Military Departments will establish and maintain a 
Service-specific military academy consistent with this part. The 
purpose of such academies is to provide an annual cohort of newly 
commissioned officers to each Service who has been immersed in the 
history, traditions, and professional values of the U.S. Armed Forces. 
The accession of those officers generates a core group of future 
officers who will exert positive peer influence to convey these 
traditions and values, sustaining professional attitudes, values, and 
beliefs essential to the long-term readiness and success of the Armed 
Forces. The Secretaries of the Military Departments will publish 
regulations for the establishment and operations of such academies.


Sec.  217.5  Responsibilities.

    (a) The USD(P&R) shall:
    (1) Serve as the DoD focal point for matters affecting the 
academies and resolve matters of conflict that may arise among the 
Military Departments.
    (2) Assess operations of the academies based on reports prescribed 
in Sec.  217.6(e) through (g) of this part and the annual reports of 
the Boards of Visitors of the academies.
    (3) Establish policy and guidance to provide for oversight and 
management of the academies.
    (4) Establish overall DoD policy and provide guidance for the 
conduct and administration of a uniform Service academy disenrollment 
policy.
    (5) Monitor academy operations to ensure cost-effective employment 
of resources in the accomplishment of the academy missions, including 
systematic collection of information to predict and evaluate 
performance, attrition, and costs.
    (6) Resolve disagreements between the gaining and losing Military 
Department arising under Sec.  217.4(h) of this part.
    (7) Approve/disapprove requests to exceed the foreign student 
limitation provision in Sec.  217.4(d) of this part.
    (8) During their initial 2 years of active commissioned service, 
approve the voluntary release from active duty of any officer appointed 
from cadet or midshipman status if that release is principally to 
pursue the benefits of another career.

[[Page 59058]]

    (b) The USD(P) shall:
    (1) Oversee the management of admission vacancies for foreign 
students.
    (2) Designate countries from which foreign students may be 
selected.
    (3) Issue implementing guidance as necessary, including waiver of 
tuition/fees reimbursement either wholly or partially.
    (c) The USD(C/CFO) shall establish and publish the tuition rate for 
foreign students.
    (d) The Director, Defense Finance and Accounting Service (DFAS), 
under the C/CFO, shall, with the coordination of the Superintendents, 
bill and collect reimbursements due to the Services academies for 
foreign students, except when those reimbursements have been waived by 
the USD(P). Questions on enrollment or reimbursement shall be 
identified to the USD(P&R) for resolution with the USD(P).
    (e) The IG, DoD shall evaluate programs, as set forth in DoD 
Directive 5106.1 and Appendix 3 of title 5, Inspector General Act of 
1978, as amended.
    (f) The Assistant Secretary of Defense for Health Affairs, under 
the USD(P&R) shall accomplish the medical evaluation of applicants to 
the academies, through the DoD Medical Examination Review Board, as set 
forth in DoD Directive 5154.25.
    (g) The Secretaries of the Military Departments shall:
    (1) Comply with policies in 10 U.S.C. Chapters 33, 61, 403, 603, 
and 903 and Sections 702 and 2005 and this part.
    (2) Ensure appropriate oversight and management of the academies, 
and
    (3) Establish Service policy and publish regulations that implement 
policy, guidance and oversight of the academies.
    (4) Prescribe a written agreement when providing a Service academy 
appointment to candidates who agree to conditions in Sec.  217.6(c)(2) 
of this part and are otherwise qualified.
    (5) Prescribe regulations on the following:
    (i) A breach of a cadet's and/or midshipman's ``agreement to 
serve'' for the purpose of ordering that individual to active duty.
    (ii) Procedures for determining whether such a breach has occurred.
    (iii) Standards for determining the period of time for which a 
person may be ordered to serve on active duty under Sec.  217.6 of this 
part. (See 10 U.S.C. 4348(c), 6959(c), and 9348(c)).
    (6) Work with DFAS to establish and maintain jointly developed, 
uniform accounting procedures for determining the cost of education at 
their respective Service academies. These procedures shall be 
consistent with DoD 7000.14-R, Volume 11A, Chapter 6 and DoD Directive 
5010.40. A standard method for computing reimbursement of the cost of 
education shall be in these procedures, and accounts receivable shall 
be recorded under the following:
    (i) When a cadet or midshipman disenrolls or is disenrolled from a 
Service academy, establish an accounts receivable for the cost of 
education.
    (ii) Reduce the accounts receivable proportionately to the period 
of active duty served by the disenrolled cadets or midshipmen.
    (7) Prescribe the repayment procedures of an individual's 
outstanding debt so that the total amount due based on 37 U.S.C. 303a, 
monthly repayment schedules, repayment method, and other information 
clearly shall be explained in writing to the debtor.
    (8) Ensure proper credit management and debt collection procedures 
are followed under DoD 7000.14-R,Volume 5, Chapters 28-32; and Volume 
7A, Chapters 38 and 50 to include prescribing repayment procedures of 
an individual's outstanding Service academy financial obligation.
    (9) Develop an organizational capability to collect, maintain, and 
submit information on resources in support of a Service academy, the 
Academy Preparatory School, and any other associated training programs.


Sec.  217.6  Procedures.

    (a) HIV, drug, and alcohol testing. Within 72 hours of reception, 
new cadets or midshipmen shall undergo HIV, drug, and alcohol testing 
(by practicable scientific means), and shall be evaluated for drug and 
alcohol dependence. For such individuals, any appointment as a cadet or 
midshipman shall be terminated when it is determined the individual is 
HIV positive or dependent on drugs or alcohol. Similarly, appointments 
shall be terminated for persons who refuse to consent to such testing 
and evaluation. Also within 72 hours of reception, new cadets or 
midshipmen shall be briefed about separation policies for these 
conditions, per appendix A to this part.
    (b) Cadets or midshipmen from foreign countries. (1) By the end of 
May of each year, the USD(C/CFO) shall establish the tuition rate for 
the succeeding school year and publish that rate to the Secretaries of 
the Military Departments, to the USD(P), and to the USD(P&R).
    (2) By the end of June of each year, the USD(P) shall publish a 
listing of countries eligible to send students to the academies during 
the subsequent academic year, specifying reimbursement requirements. 
That listing shall be provided to the Secretaries of the Military 
Departments, to the USD(P&R), and to the cognizant U.S. Defense 
Attach[eacute] Offices (USDAOs) or the American Embassies, if no 
servicing USDAO exists.
    (3) By the end of August of each year, the Superintendents shall 
extend application invitations, through applicable USDAOs (or the 
American Embassies), to each eligible country. Those invitations shall 
describe admissions procedures and define the country's official 
sponsorship responsibilities.
    (4) The Superintendents shall manage the selection and notification 
of candidates and shall, with the assistance of the applicable USDAO or 
American Embassy, obtain written acknowledgment from the sending 
government of sponsorship responsibilities, and their agreement to 
reimburse tuition costs, when applicable.
    (c) Disenrollment of cadets and midshipmen--(1) Ordering 
disenrolled academy cadets and midshipmen to active enlisted service--
(i) A cadet or midshipman entering a Service academy directly from 
civilian status assumes a Military Service obligation (MSO) of 8 years, 
under 10 U.S.C. 651 and DoD Instruction 1304.25. If an appointment is 
terminated before graduation due to a cadet's or midshipman's breaching 
his or her agreement, or if a cadet or midshipman refuses to accept a 
commission following graduation, the MSO shall be equivalent to the 
period for which the member is ordered to serve on active duty or in 
the Reserve component in an applicable enlisted status. He or she may 
be ordered to active duty for a period not to exceed 4 years under 10 
U.S.C. 4348(b), 6959(b), or 9343(b). The following policies apply to 
cadets or midshipmen disenrolled from a Service academy who entered the 
Service academy directly from civilian status:
    (A) Fourth and third classmen (first and second years). A fourth or 
third classman disenrolling shall have no active duty obligation.
    (B) Second classmen (third year). A second classman resigning 
before the start of the second class academic year or disenrolling for 
cause resulting from actions that occurred only before the start of the 
second class academic year shall be discharged as if he or she were a 
third classman.
    (C) Second or first classmen (third and fourth or subsequent 
years). Any second or first classman who is

[[Page 59059]]

disenrolled and who, for reasons of demonstrated unsuitability, 
unfitness, or physical disqualification, is not suited for enlisted 
Military Service, shall be discharged in accordance with the current 
Military Service regulations that implement this part, to include 
monetary recoupment. Other second or first class cadets and midshipmen 
disenrolling after the beginning of the second class academic year, but 
before completing the course of instruction, may be transferred to the 
active component in an enlisted status and ordered to active duty for 
not less than 2 years, but not more than 4 years, under 10 U.S.C. 
4348(b), 6959(b), or 9348(b).
    (D) Any first classman completing the course of instruction and 
declining to accept an appointment as a commissioned officer may be 
transferred to the respective active component in an enlisted status 
and ordered to active duty for 4 years or transferred to a Reserve 
component under 10 U.S.C. 4348(b), 6959(b), and 9348(b) and in 
accordance with DoD Directive 1235.10.
    (ii) The disposition of cadets and midshipmen entering a Service 
academy from the Regular or Reserve component of any Military Service 
(except those who enter a Service academy by way of its Preparatory 
School from civilian status) and then not completing the program shall 
be determined under 10 U.S.C. 516, as follows:
    (A) Fourth and third classmen (first and second years). If 
disenrolled during the fourth or third class year, the cadet's or 
midshipman's Military Service commitment shall be equal to the time not 
served on the original enlistment contract, with all service as a cadet 
or midshipman counted as service under that contract. Those individuals 
with less than 1 year remaining in the original enlistment contract may 
be discharged on approval of the disenrollment by the Military 
Department concerned.
    (B) Second classmen (third year). If disenrolled before the 
beginning of the second class academic year, the cadet's or 
midshipman's Military Service commitment shall be the same as in 
paragraph (c) (1) (ii) (A) of this section.
    (C) Second or first classmen (third and fourth or subsequent 
years). If upper division class members (first and second classmen) are 
disenrolled for issues occurring after the beginning of the second 
class academic year, their Military Service commitment shall be the 
same as in paragraphs (c)(1)(i)(C) and (c)(1)(i)(D) of this section or 
shall be equal to the time not served on the original enlistment 
contract (with all service as a cadet or midshipman counted as service 
under that contract), whichever period is longer.
    (D) A cadet or midshipman who entered into a Service academy from 
the Regular or Reserve component of the Military Service (other than 
those entering strictly from an enlisted contract arising from a 
Preparatory School) who is subsequently disenrolled from a Service 
academy and who, because of demonstrated unsuitability, unfitness, or 
physical disqualification, is not suited for enlisted Military Service 
shall be discharged under applicable regulations implementing DoD 
Directive 1332.14 or other Military Department regulations that 
specifically address disenrolling of cadets or midshipmen.
    (E) Whether transferred to the Reserve component or reverted back 
to active duty status, the disenrolled cadets and midshipmen shall 
retain their prior enlisted grade.
    (iii) The disposition of cadets and midshipmen entering a Service 
academy by way of its Preparatory School from civilian status and then 
not completing the program shall be managed under paragraph (c)(1)(1) 
of this section.
    (iv) A cadet or midshipman tendering a resignation shall be 
required to state a reason for this action. A resignation may be 
accepted when in the interest of the Military Service. Accepting the 
resignation shall not in and of itself constitute a determination of 
the member's qualification for enlisted Military Service.
    (v) Persons medically disqualified from further Military Service, 
or deceased, shall be separated and shall not be obligated further for 
Military Service or for reimbursing education costs (absent evidence of 
fraud, concealment, gross negligence, intentional misconduct, or 
misrepresentation).
    (2) Active duty commitment and reimbursement agreement for service 
academy students. Cadets or midshipmen who are not ordered to active 
duty due to their misconduct or unsuitability, or because their 
petition for relief from an active duty obligation was approved by the 
Secretary of the Military Department concerned shall normally be 
required to reimburse the Government for the cost of their education.
    (i) As a condition for providing education at a Service academy, 
the Secretary of the Military Department concerned shall require each 
cadet or midshipman enter into a written agreement in which he or she 
agrees to the following:
    (A) To complete the educational requirements for graduation 
specified in the agreement and to serve on active duty for a period 
specified in the agreement if called to active duty or, at the option 
of the Secretary of the Military Department concerned, to reimburse the 
United States, as prescribed in paragraph (c)(2)(i)(C) of this section.
    (B) If such cadet or midshipman fails to complete the educational 
requirements specified in the agreement, such person, if so ordered by 
the Secretary of the Military Department concerned, shall serve on 
active duty for a period specified in the agreement.
    (C) If such person, at the discretion of the Secretary concerned or 
because of misconduct, voluntarily fails to complete the period of 
active duty specified in the agreement, he or she shall reimburse the 
United States in accordance with the requirements of 10 U.S.C. 2005 and 
37 U.S.C. 303a.
    (D) To such other terms and conditions as the Secretary concerned 
may prescribe to protect U.S. interests.
    (ii) The obligation to reimburse the United States is a debt to the 
United States. A discharge in bankruptcy under 11 U.S.C. 523 shall not 
release a person from an obligation to reimburse the United States 
under the terms of an agreement prescribed in this part if the 
discharge order is entered less than 5 years after the date of the 
termination of the agreement or contract on which the debt is based, or 
in the absence of such agreement or contract, the date of the 
termination of the service on which the debt is based.
    (3) Agreements. The agreement signed by cadets and midshipmen 
entering as fourth classmen shall contain the active duty, monetary 
recoupment, and discharge provisions in this part.
    (4) Change in status notification. When a cadet or midshipman is 
disenrolled from a Service academy and discharged from the Service 
concerned, the Selective Service System shall be notified of the 
individual's status change.
    (d) Inter-service commissioning. (1) Once all requirements for 
inter-Service appointments have been met, endorsements from the losing 
academy shall contain the applicants' current academic transcripts, 
order of merit standing and, if applicable, results of the gaining 
Service's testing for flight training or other qualification. 
Applications supported by the losing Military Department shall be 
forwarded to the gaining Military Department no later than November of 
the calendar year before graduation. The gaining Secretary of the 
Military Department

[[Page 59060]]

concerned, or designee, shall act on applications no later than the 
following January and shall immediately notify the losing Secretary of 
the Military Department concerned, or designee, of decisions. Affected 
cadets or midshipmen shall be expeditiously notified of the disposition 
of applications.
    (2) Those selected for transfer shall be integrated within active 
duty lists (see Sec.  217.3 of this part) of the gaining Military 
Service. When seniority on that list relies on academy class standing, 
they shall be initially integrated immediately following the cadet or 
midshipman holding equal numerical class standing at the academy of the 
gaining Military Department.
    (e) Academy assessment report. Annually by November 30, using data 
as of September 30, the Secretaries of the Military Departments shall 
report to the USD(P&R) on the following, in the format specified in 
appendix B to this part:
    (1) An assessment on the quality of oversight and management 
provided at the Service academy.
    (2) The current and anticipated recruiting and admissions posture 
compared with that of the previous 5 years, with an assessment of the 
following:
    (i) The number of applicants, nominees, and those selected.
    (ii) Their quality (using ranking parameters employed by the 
academy, such as academic or athletic accomplishments and standard test 
scores).
    (iii) Discussion of changes to entrance standards made in the past 
year, or planned.
    (iv) Summary of admissions trends with demographic composition to 
include gender, ethnicity, and enlisted personnel.
    (3) Attrition patterns for the previous 5 years by type of 
separation (e.g., medical, moral, physical, and academic), with an 
appraisal of whether attrition could be reduced without adverse impact 
on the quality of graduates. Define separations by class for each year 
and the associated active service obligations or reimbursements. A 
significant change in the attrition pattern should be assessed.
    (4) Graduation rates for the previous 5 years with demographic 
composition of student classes including a discussion/assessment of 
performance in academics, in athletic programs, in professional 
military training, and in officer development programs.
    (5) Significant changes to curricula implemented or planned in the 
past year, along with an appraisal of faculty manning and 
qualifications, including military and/or civilian mix.
    (6) The institutional environment affecting cadets or midshipmen, 
including specific comments about the health of the leadership 
development and honor systems.
    (7) The disposition of requests for inter-Service commissions that 
were submitted during the previous year. For cases where such requests 
were denied by the losing Service, the rationale supporting such 
decision(s) shall be provided.
    (8) The adequacy of compensation and benefits for cadets or 
midshipmen and civilian faculty.
    (9) Adequacy of resources and facilities, along with a discussion 
of major construction or maintenance starts that are being executed or 
are planned.
    (10) Significant incidents of indiscipline during the reporting 
period, including violations of regulations or the Uniform Code of 
Military Justice (UCMJ) (10 U.S.C. Chapter 47), along with disposition 
and planned actions to reduce such indiscipline.
    (11) Additional topics as desired by the Secretaries of the 
Military Departments.
    (f) Preparatory school assessment report. Annually by November 30, 
using data as of September 30, the Secretaries shall report to the 
USD(P&R) the following, in the format specified in appendix B to this 
part:
    (1) A 5-year summary of admissions trends with a demographic 
composition to include gender, race, former enlisted status, and 
recruited athletes.
    (2) Attrition patterns for the previous 5 years with an assessment 
of the following:
    (i) Type of separation (e.g., medical, moral, physical, or 
academic), with an appraisal of whether attrition could be reduced.
    (ii) Comparison of attrition patterns while at the Service academy 
for Preparatory School graduates as compared to direct appointments to 
the Service academies.
    (iii) Any significant change in the pattern.
    (3) Academy admission rates for the past 5 preparatory school 
graduating classes with an assessment of the following:
    (i) An appraisal of whether those rates can or should be adjusted.
    (ii) Discussion of academic remediation effected by the preparatory 
school experience, as indicated by initial and subsequent evaluations 
of students.
    (iii) The ratio, by demographic composition to include gender, 
race, former enlisted status, and recruited athletes, of Preparatory 
School students entering the Service academy to the students that 
entered the Preparatory School.
    (4) Academy graduation rate of Preparatory School graduates and 
those appointed directly to the Service academies for the previous 5 
years. Standards for admission of Preparatory School graduates to a 
Service academy shall be set at a sufficiently rigorous level to 
reasonably predict that Preparatory School graduates academy graduate 
rates will not significantly lag the graduate rate of those appointed 
directly to the Service academies. However, nothing in this part shall 
be read or applied to lower otherwise universally applicable graduation 
and commissioning requirements for Preparatory School graduates.
    (5) Significant changes to curricula implemented or planned in the 
past year, along with an appraisal of faculty manning and 
qualifications, including military and/or civilian mix.
    (6) The adequacy of compensation and benefits for those enrolled 
and civilian faculty.
    (7) Adequacy of resources and facilities, along with a discussion 
of major basing, construction, or maintenance starts that are being 
executed or are planned.
    (8) Significant incidents of indiscipline during the reporting 
period, including violations of regulations or the UCMJ (10 U.S.C. 
Chapter 47), along with disposition and planned actions to reduce 
indiscipline of an unusual nature, pattern, or frequency.
    (9) Additional topics as desired by the Secretaries of the Military 
Departments.
    (g) Service academy resources report (SARR) and cost per graduate 
(CPG) computation. The Secretaries of the Military Departments shall 
submit to the USD(P&R) annually for the prior fiscal year, no later 
than January 30, individual reports on the resources for their Service 
Academy (including the Academy Preparatory School) to include 
associated training programs. The completion instructions for this 
report are at appendix C to this part. The CPG computation is used to 
determine the costs for each member of a graduating class. Instructions 
for calculating the CPG are at appendix D to this part.


Sec.  217.7  Information requirements.

    (a) The reporting requirements in Sec.  217.6(e) and (f) of this 
part have been assigned Reports Control Symbol DD-P&R(A)1934 in 
accordance with DoD 8910.1-M.
    (b) The reporting requirements in Sec.  217.6(g) of this part has 
been assigned

[[Page 59061]]

DD-P&R(A)1912 in accordance with DoD 8910.1-M.
    (c) The reports submitted by the Boards of Visitors and the summary 
of issues and actions provided by the Superintendents are exempt from 
licensing in accordance with the provisions of paragraph C4.4.3. of DoD 
8910.1-M.

Appendix A to Part 217--Applicant Briefing Item on Separation Policy

    1. Individual responsibility. As military members, individuals 
occupy a unique position in society. The individual represents the 
military establishment. That special status brings with it the 
responsibility to uphold and maintain the dignity and high standards 
of the U.S. Armed Forces at all times and in all places. The Armed 
Forces must also be ready at all times for worldwide deployment. 
That fact carries with it the requirement for military units and 
their members to possess high standards of morality, good order and 
discipline, and cohesion. As a result, military laws, rules, 
customs, and traditions include restrictions on his or her personal 
behavior that may be different from civilian life. Members of the 
Armed Forces may be involuntarily separated before their enlistment 
or term of service ends for various reasons established by law and 
military regulations. The below circumstances may be grounds for 
involuntary separation:
    a. Infractions. The individual establishes a pattern of 
disciplinary infractions, discreditable involvement with civil or 
military authorities, or cause dissent or disrupt or degrade the 
mission of his or her unit. That may also include conduct of any 
nature that would bring discredit on the Armed Forces in the view of 
the civilian community.
    b. Dependency. The term ``dependent'' includes spouses; natural, 
adoptive or stepchildren; or any other person for which an 
individual has a legally recognized obligation to provide support. 
Because the individual has a legal dependent, the individual is 
unable to perform his or her duties satisfactorily or the individual 
is unavailable for worldwide assignment or deployment.
    c. Weight control. The individual fails to meet the weight 
control standards.
    d. Homosexuality. Although the individual has not and will not 
be asked whether he or she is a ``heterosexual,'' ``homosexual,'' or 
``bisexual,'' the individual should be aware that homosexual acts, 
or statements that demonstrate a propensity or intent to engage in 
homosexual acts, and homosexual marriages or attempted marriages are 
grounds for discharge from the Armed Forces. That means if the 
individual does one of the following, he or she could be 
involuntarily separated before his or her term of service ends:
    (1) Homosexual acts. The individual engages in, attempts to 
engage in, or solicits another to engage in homosexual act or acts. 
A ``homosexual act'' means touching a person of the same sex or 
allowing such a person to touch the individual for the purpose of 
satisfying sexual desires (for example, hand-holding, kissing, or 
other physical contact of a sexual nature).
    (2) Homosexual statements. The individual makes a statement that 
demonstrates a propensity or intent to engage in homosexual acts. 
That may include a statement by the individual that he or she is a 
homosexual or bisexual, or words to that effect. It also may include 
behavior that a reasonable person would believe was intended to 
convey the statement that the individual is a homosexual or 
bisexual.
    (3) Homosexual marriage. The individual marries or attempts to 
marry a person of the same sex.
    2. Statements and acts to end military service. The individual 
will not necessarily be discharged if those actions and statements 
listed in paragraphs 1.a.. through 1.d. of this appendix, are said 
or done solely to end his or her Military Service. However, he or 
she may be disciplined.
    3. Hazing, harassment or violence not tolerated. The practice of 
hazing is prohibited by law (10 U.S.C. 4352, 6964, and 9352). A 
cadet or midshipman dismissed from an academy for hazing may not be 
reappointed as a cadet or midshipman at an academy. The Armed Forces 
do not tolerate harassment or violence against any Service member 
for any reason. Cadets and midshipmen must treat all Service 
members, at all times, with dignity and respect. Failure to do so 
may result in the individual being disciplined or involuntarily 
separated before his or her term of service ends.

Appendix B to Part 217--Academy Assessment Report and Preparatory 
School Assessment Report (Format)

    1. Introduction. Cite this part as the reference. Include 
mission and goals of both the academy and Preparatory School. 
Provide a written statement about the adequacy and quality of 
oversight and management.
    2. Academy assessment report.
    a. Provide charts and graphs as necessary to support the written 
explanation on the following:
    (1) The current and anticipated recruiting and admissions 
posture in contrast with that of the previous 5 years.
    (2) Attrition patterns for the previous 5 years.
    (3) Graduation rates for the previous 5 years.
    (4) Provide a written statement on the following:
    (a) The significant changes to curricula implemented or planned 
during the previous year.
    (b) The institutional environment affecting cadets or 
midshipmen.
    (c) The disposition of requests for inter-Service commission 
that were submitted during the previous year.
    (d) The adequacy of compensation and benefits for cadets or 
midshipmen and civilian faculty.
    (e) The adequacy of resources and facilities.
    (f) Significant incidents of indiscipline during the reporting 
period.
    (g) Additional topics as desired by the Secretaries of the 
Military Departments.
    3. Preparatory school assessment report.
    a. Provide charts and graphs as necessary to support the written 
explanation of the following:
    (1) The 5-year summary of admissions trends.
    (2) The attrition patterns for the previous 5 years.
    (3) The academy admission rates for the past 5 preparatory 
school graduating classes.
    (4) The academy graduation rate of Preparatory School graduates 
and those appointed directly to the Service academies for the 
previous 5 years.
    b. Provide a written statement on the following:
    (1) Significant changes to curricula implemented in the past 
year.
    (2) The adequacy of compensation and benefits for those enrolled 
and civilian faculty.
    (3) The adequacy of resources and facilities.
    (4) Significant incidents of indiscipline during the reporting 
period.
    (5) Additional topics as desired by the Secretaries of the 
Military Departments.

Appendix C to Part 217--Service Academy Resources Summary Report 
(Sample)

    Each Military Department shall submit for its Service Academy 
(including the Academy Preparatory School), individual reports on 
its resources for the prior fiscal year to include associated 
training programs.
    1. Instructional activities. Funding for each of the seven cost 
categories defined as academy-related activities.
    a. Academics (Dean and department). Costs of the faculty, course 
curricula, and administrative costs of the academic departments. The 
academic program provides students with a required core curriculum 
and an opportunity to choose a variety of majors.
    b. Audiovisual. Costs for the integrated visual information, 
visual information support systems and instructional technology 
systems in support of academic departments and other command 
activities.
    c. Academic computing center. Costs for providing information 
technology and maintenance services to the academic departments and 
other mission areas. The specific information technology systems 
covered are hardware, operations, applications and networks.
    d. Faculty training. The academy's share of the cost for 
military personnel obtaining the required advanced degrees for 
assignment to the academy. This category also includes the cost of 
current military personnel obtaining degrees for appointment to 
permanent positions and those personnel, both military and civilian, 
on sabbatical leave for professional development purposes.
    e. Military training. Costs of those activities that contribute 
to the academy's program of providing military education and 
training to the cadets/midshipmen. This military training 
encompasses the use of the classroom, the field, and the military 
chain of command in the delivery of the program.
    f. Physical education. Costs of those activities that directly 
contribute to the

[[Page 59062]]

academy's physical development program. These programs include 
intramural, curriculum and intercollegiate activities.
    g. Library. Costs to administer and operate the library that 
serves as the cadets/midshipmen primary on-post facility for both 
academic research and recreational reading.
    2. Student-related activities. Funding for each of the four cost 
categories defined as student-related activities.
    a. Cadet/midshipmen mess. Cost for the operation of the cadet/
midshipmen dining facility. This operation includes the ordering, 
storing, preparing, and serving of three meals per day to the 
cadets/midshipmen.
    b. Student services. The student services costs promote the 
quality of life and well being of the cadets/midshipmen. The 
activities found under this category relate to the Chaplain, 
counseling and cultural programs.
    c. Registrar. Costs associated with the recruitment and the 
institutional research efforts of the academy and prep school. Also 
included are the costs of counseling and administration of the 
cadet/midshipmen academic program.
    d. Student pay and allowances. Total cost to the government for 
cadet/midshipmen pay and fringe benefits.
    3. Institutional support. Funding for each of the 27 cost 
categories defined as institutional support activities.
    a. Medical. Costs involved with the local delivery of medical, 
dental, and veterinary services for the benefit of cadets and active 
duty military personnel assigned to the academy.
    b. Band. Cost of providing musical support for official 
ceremonies of the academy and support for cadet/midshipmen 
educational and training activities.
    c. Reproduction. Costs for the academy's liaison with the 
Document Automation Production Service and costs for photocopier 
service, to include the costs to provide service to the academy for 
requisitioning, storing, and distributing DoD, service specific, and 
academy publications/forms.
    d. Administrative data processing. Costs for those activities 
that provide information technology support to the academy's base 
operation areas. Included is the operation and equipment to support 
the academy's administrative systems, applications and networks.
    e. Civilian personnel. Costs to provide centralized personnel 
services for the academy's civilian employees, which include the 
operating costs of the various employee training and development 
programs and include the academy's costs for Civilian Illness and 
Injury Compensation.
    f. Personnel administration. Costs to provide centralized 
personnel services for the academy's cadet/midshipmen and active 
duty military personnel. Also included are costs for those 
administrative functions typical to a military installation, e.g., 
issuing installation regulations.
    g. Special services. Costs for the operation of the 
installation's Morale, Welfare, and Recreational programs.
    h. Other personnel services. Costs for those personnel and 
administrative services that, among others, focus on programs 
dealing with the family and installation safety.
    i. Utility services. The academy's cost for purchased utilities 
(natural gas, electricity) and the operating costs of the various 
utility generating and or operating plants (steam, water treatment, 
sewage disposal).
    j. Custodial services. Labor, both in-house and contracted out, 
and supply costs for janitorial services at the academy, including 
procurement oversight of contractor operations.
    k. Fire protection. Cost of the operation of the academy's fire 
prevention and protection program that also includes the controlling 
of hazardous material incidents.
    l. Maintenance and engineering. The administrative and direct 
cost to plan, design, construct, repair and maintain all real 
property facilities to include utility distribution systems, roads 
and grounds. However, individual project costs, over the current 
statutory limitation on use of Operation and Maintenance funds for 
construction (currently $750K), in the Sustainment, Restoration, and 
Modernization program will be excluded because costs above this 
threshold are considered investment costs as opposed to operating 
costs.
    m. Communications. This category includes the cost to provide an 
extensive voice communication capability at the academy. In addition 
to purchased services, this category includes the cost to manage, 
repair and maintain the entire communication system that delivers 
this service.
    n. Transportation and equipment maintenance. Cost of the 
academy's transportation system that includes General Services 
Administration vehicle lease charges, repair parts for tactical 
vehicles, and the in-house and/or contracted out vehicle operations 
and maintenance costs. Also included are the costs of the local 
transportation office, which deals primarily, but not exclusively, 
with the movement of household goods. Contracted work may include 
the repair and maintenance of firearms, office equipment, etc.
    o. Commissary and food services. Costs, excluding food, to 
operate the enlisted personnel dining facilities as well as the 
academy's share of the operating costs of the Defense Commissary 
Agency.
    p. Supply and services operation. Costs associated with the 
procurement, receiving, storage, issuing, material management, 
property accountability, and disposal of the installation's 
expendable/non-expendable supplies and equipment, including the 
costs associated with the laundry and dry cleaning operations to 
include surveillance of contractor operations.
    q. Logistic activities. The administration and management costs 
to supervise the transportation and supply functions of the 
installation and to administer and operate the installation's 
memorial affairs program is included as part of this definition.
    r. Comptroller. The cost of the academy's resource management 
function. Included are financial and accounting operations, program 
and budget formulation and execution, manpower and equipment 
management, commercial activities, and the academy's internal review 
program.
    s. Security. Cost of providing security, maintaining discipline, 
enforcing laws and regulations on the installation, including the 
costs associated with terrorism counteraction activities, 
installation evacuation plans, and liaison with DoD intelligence 
agencies.
    t. Preparatory school. Cost to operate the academy's Preparatory 
School including candidate pay.
    u. Civilian permanent change of station costs. Costs authorized 
under the Joint Travel Regulations for hiring or transferring 
civilian personnel.
    v. Military support unit. Military units that provide general 
support to the installation. Also included are the costs to purchase 
furniture and to provide administrative support for the 
unaccompanied personnel housing program.
    w. Museum. The cost of keeping and exhibiting the collection of 
historical equipment, accouterments, arms, clothing, and works of 
art, etc. that relate to the profession of arms, in general, and the 
academy specifically.
    x. Public affairs. The cost of providing a centralized office 
that functions as the academy's focal point in communicating with 
the general public and civilian organizations such as television, 
radio and the print media.
    y. Command and staff. The administrative costs identified as 
command and staff elements under the Superintendent.
    z. All other functions. Those costs of the academy operation not 
identified elsewhere.
    aa. Other Installation Annexes. That portion of the medical and 
base operation costs of any annex, subpost, and/or installation that 
support academy operations.

Attachment to Appendix C to Part 217--Service Academy Resources Summary 
Report, June 2005

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Appendix D to Part 217--Calculation for Cost per Graduate (CPG)

    The CPG computation is used to determine the cost of each member 
of a graduating class. It is calculated by using the share of the 
total resources for a class for each of its 4 years and the number 
of graduates in that class. To determine the share of the total 
resources or class cost for a class in each of its 4 years, the 
grand total resources from the Service Academy Resources Report for 
that class is multiplied by their percentage of the total corps or 
wing of cadets or brigade of midshipmen for each of its 4 years. The 
total of the 4 years of cost shares is divided by the number of 
graduates in the class, which results in the Cost Per Graduate. The 
following table is an example of this calculation:

                                    Example of Cost per Graduate Calculation
----------------------------------------------------------------------------------------------------------------
                                                 Service Academy
-----------------------------------------------------------------------------------------------------------------
                                                                                  Percent of
                             FY                                  Total costs         corps         Class costs
----------------------------------------------------------------------------------------------------------------
Year 1......................................................      $284,388,109           28.03       $79,713,987
Year 2......................................................       297,647,585           26.24        78,102,726
Year 3......................................................       296,556,044           24.78        73,486,588
Year 4......................................................       301,058,452           21.67        65,239,367
�������������������������������������������������������������
    Total Costs.............................................  ................  ..............       296,542,668
    Graduates...............................................  ................  ..............               950
    Cost per Graduate.......................................  ................  ..............           312,150
----------------------------------------------------------------------------------------------------------------


    Dated: October 5, 2007.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, DoD.

[FR Doc. 07-5157 Filed 10-17-07; 8:45 am]
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