[Federal Register: October 18, 2007 (Volume 72, Number 201)]
[Proposed Rules]
[Page 59053-59064]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18oc07-21]
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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
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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
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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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