Federal Register / Vol. 72, No. 201 / Thursday, October 18, 2007 / Proposed Rules 59053 

comment, this rule is being published as 

a proposed rule. 

PBGC has determined that these 

proposed changes do not modify the 

information collection requirements 

under Administrative Appeals (OMB 

control number 1212–0061, expires 

1/31/10). 

List of Subjects in 29 CFR Part 4003 

Administrative practice and 

procedure, Organization and functions 

(Government agencies), Pension 

insurance, Pensions. 

For the reasons given above, PBGC 

proposes to amend 29 CFR part 4003 as 

follows: 

PART 4003—RULES FOR 

ADMINISTRATIVE REVIEW OF 

AGENCY DECISIONS 

1. The authority citation for part 4003 

continues to read as follows: 

Authority: 29 U.S.C. 1302(b)(3). 

2. In § 4003.1: 

a. Paragraph (b)(6) is amended by 

removing the words ‘‘or section 

4022A(a)’’. 

b. Paragraph (b)(7) is amended by 

removing the words ‘‘(c), section 

4022A(b) through (e), or’’ and adding in 

their place the words ‘‘(c) or’’. 

3. In § 4003.2: 

a. The definition of Appeals Board is 

amended by removing the word 

‘‘Executive’’. 

b. The definition of Director is 

amended by removing the word 

‘‘Executive’’ where it appears twice in 

the definition. 

4. In § 4003.4, paragraph (b) is 

amended by removing the word 

‘‘Executive’’. 

5. Section 4003.33 is amended by 

removing the word ‘‘Executive’’. 

6. In § 4033.35, paragraph (a)(2) is 

amended by removing the word 

‘‘Executive’’ where it appears twice in 

the paragraph. 

7. Section 4003.53 is amended by 

removing the words ‘‘Appeals Board, 

Pension Benefit Guaranty Corporation, 

1200 K Street, NW., Washington, DC 

20005–4026’’ and adding in their place 

the words ‘‘Appeals Board’’. 

8. In § 4003.54, paragraphs (a)(3) and 

(a)(4) are revised to read as follows: 

§ 4003.54 Contents of appeal. 

(a) * * * 

(3) Specifically explain why PBGC’s 

determination is wrong and the result 

the appellant is seeking; 

(4) Describe the relevant information 

the appellant believes is known by 

PBGC, and summarize any other 

information the appellant believes is 

relevant. It is important to include 

copies of any documentation that 

support the appellant’s claim or the 

appellant’s assertions about this 

information; 

* * * * * 

9. In § 4003.58: 

a. The existing text of the section is 

redesignated as paragraph (a). 

b. A new paragraph (b) is added to 

read as follows: 

§ 4003.58 Powers of the Appeals Board. 

* * * * * 

(b) The Appeals Board may refer 

certain appeals to another PBGC 

department or to Appeals Board staff to 

provide a response to the appellant. The 

response from another PBGC 

department or Board staff shall be in 

writing and address the matters raised 

in the appeal. The response may be in 

the form of an explanation or corrected 

benefit determination. In either case, the 

appellant will have 45 calendar-days 

from the date of the response to file a 

written request for review by the 

Appeals Board. If a written request for 

review is not filed with the Appeals 

Board within the 45-calendar-day 

period the determination shall become 

effective pursuant to § 4003.22(a). 

(1) Appeals that may be referred to 

another PBGC department or to the 

Board staff include those that—

(i) Request an explanation of the 

initial determination being appealed; 

(ii) Dispute specific data used in the 

determination, such as date of hire, date 

of retirement, date of termination of 

employment, length of service, 

compensation, marital status and form 

of benefit elected; or 

(iii) Request an explanation of the 

limits on benefits payable by PBGC 

under part 4022, subpart B, such as the 

maximum guaranteeable benefit and 

phase-in of the PBGC guarantee. 

(2) An explanation or corrected 

benefit determination issued under this 

subsection is not considered a decision 

of the Appeals Board. If an appellant 

aggrieved by PBGC’s initial 

determination is issued an explanation 

or corrected benefit determination 

under this section, the appellant has not 

exhausted his or her administrative 

remedies until the appellant has filed a 

timely request with the Appeals Board 

for review and the Appeals Board has 

issued a decision granting or denying 

the relief requested. See § 4003.7 of this 

part. 

10. In § 4003.60: 

a. The section heading is amended by 

removing the word ‘‘Executive’’. 

b. The text of the section is amended 

by removing the word ‘‘Executive’’

wherever it appears. 

Issued in Washington, DC, this 12th day of 

October 2007. 

Charles E. F. Millard, 

Interim Director, Pension Benefit Guaranty 

Corporation. 

[FR Doc. E7–20538 Filed 10–17–07; 8:45 am] 

BILLING CODE 7709–01–P 

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. 

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 

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59054 Federal Register / Vol. 72, No. 201 / Thursday, October 18, 2007 / Proposed Rules 

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. 

§ 217.1 Purpose. 

This part establishes policy, assigns 

responsibilities, and prescribes 

procedures for DoD oversight of the 

Service academies. 

§ 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. 

§ 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 

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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). 

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(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. 

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(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. 

§ 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. 

§ 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 § 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 § 217.4(h) of 

this part. 

(7) Approve/disapprove requests to 

exceed the foreign student limitation 

provision in § 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. 

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(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 § 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 

§ 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. 

§ 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 Attache ́ 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 

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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 

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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 

§ 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. 

§ 217.7 Information requirements. 

(a) The reporting requirements in 

§ 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 

§ 217.6(g) of this part has been assigned 

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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 interService 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 

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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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59064 Federal Register / Vol. 72, No. 201 / Thursday, October 18, 2007 / Proposed Rules 

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 

FY Total costs Percent of 

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] 

BILLING CODE 5001–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

33 CFR Part 175 

[Docket No. USCG–2001–10163] 

RIN 1625–AA31 

Federal Requirements for Propeller 

Injury Avoidance Measures 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking; 

withdrawal. 

SUMMARY: The Coast Guard is 

withdrawing its notice of proposed 

rulemaking that would require owners 

of non-planing recreational houseboats 

with propeller-driven propulsion 

located aft of the transom to either 

install a propeller guard or use a 

combination of other devices to avoid 

propeller injuries. The rulemaking is 

being withdrawn after reconsideration 

of which vessels would be subject to the 

proposed rule, the nature of the safety 

measures to be required, and the costs 

that would likely result. 

DATES: The notice of proposed 

rulemaking published at 66 FR 63645, 

December 10, 2001, is withdrawn on 

October 18, 2007. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Ludwig, Project Manager, Office of 

Boating Safety, U.S. Coast Guard, by 

telephone at 202–372–1061 or by e-mail 

at Jeffrey.A.Ludwig@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 10, 2001, the Coast 

Guard published a notice of proposed 

rulemaking (NPRM) entitled ‘‘Federal 

Requirements For Propeller Injury 

Avoidance Measures’’ in the Federal 

Register (66 FR 63645). The NPRM 

described a proposed Coast Guard 

requirement that owners of non-planing 

recreational houseboats with propellerdriven propulsion located aft of the 

transom install one of two propulsion 

unit measures or employ three 

combined measures. This proposal 

responded to recommendations made by 

the National Boating Safety Advisory 

Council (NBSAC). The NPRM was based 

on an expectation that a significant 

reduction in the number of boaters who 

are seriously or fatally injured when 

struck by a non-planing recreational 

houseboat with propeller-driven 

propulsion would occur. 

Discussion of Comments 

The Coast Guard received 

approximately 190 comments regarding 

the NPRM. Comments were received 

from those who have been injured by 

boat propellers; the relatives and friends 

of those injured or killed in such 

accidents; health care providers; boating 

safety and environmental advocacy 

groups; businesses and business 

associations; state and federal 

government agencies; and members of 

the general public. 

Many commenters supported the 

proposed rule in order to better protect 

the boating public from propeller 

injuries. Some of those also advocated 

reducing the phase-in period to one 

year, and some advocated inclusion of 

pontoon houseboats under the 

requirements of the proposed rule. 

Among those who generally supported 

the proposed rule, some preferred using 

propeller guards over swim ladder 

interlock systems because they expected 

propeller guards to better protect 

swimmers. A few commenters also 

suggested increased costs could be 

passed on from manufacturers and 

rental companies to consumers. 

Some commenters opposed the 

proposed rule because they perceived 

the number of casualties as insufficient 

to justify the proposed rule and argued 

the costs of implementation would be 

significantly higher than estimated in 

the NPRM. Many of these commenters 

also expressed concerns about the high 

maintenance costs associated with 

propeller guards, the increased danger 

of collisions when swim ladder 

interlock systems disable propellers, 

and the lack of practical benefit to be 

gained from clear view devices because 

of the length of many houseboats. A few 

suggested the proposed rule would be 

unenforceable or otherwise ineffective 

and advocated improved boater 

education. 

Some commenters requested a more 

precise definition of houseboat, 

particularly whether monohulls and 

pontoon designs would be subject to the 

same requirements, and more detailed 

guidance on acceptable propeller guards 

and swim ladder interlock systems. One 

commenter suggested the proposed rule 

would effect a shift of liability from boat 

operators to boat manufacturers. 

Withdrawal 

The Coast Guard is withdrawing the 

NPRM published on December 10, 2001, 

after reconsideration of the the costs 

that would likely result, the 

characteristics of the safety measures to 

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