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Federal Register / Vol. 86, No. 99 / Tuesday, May 25, 2021 / Rules and Regulations
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needed to rectify this policy inequity so that DoD policy is consistent and equitable, regardless of the type of educational institution or student population size.
Currently, 1,339 institutions of the approximately 2,700 DoD MOU
educational institutions have between 1
and 19 students, meaning that they have no options for face-to-face counseling on military installations. Most institutions operating under this MOU manage their student counseling by virtual means.
Removal of the 20-student requirement will ensure equity of student counseling options for all DoD MOU educational institutions. Adding a face-to-face option could change institutional processes to reflect travel or setting up local offices. However, any such process change would be entirely optional on the part of the educational institution.
Acknowledging that the size of the military installation may directly impact the number of students enrolled with a given educational institution, this change will also ensure that educational institutions have the opportunity to provide equal services to all Service members, including those assigned to smaller or more remote military installations.
Accordingly, this rule amends 32 CFR
part 68 last updated on May 15, 2014
at 79 FR 27737 to remove the 20
student requirement and allow educational institutions to provide academic services at DoD installations, regardless of the number of military students enrolled at that installation.
The number of additional schools availing themselves of on-base access as a result of the proposed change is predicted to be small, as more than 80
percent of Service members receiving TA attend the 25 largest DoD MOU
schools, many of which are already afforded access to military installations under the current rule. This policy change ensures that every DoD MOU
educational institution is treated equally. Installation Commanders will still retain access authority for their installation based on capacity and their available resources.
Summary of Major Provisions DoD determined that the requirement of having a student population of at least 20 military students before an educational institution can be authorized access on a DoD installation that is not overseas should be removed in order to provide consistent treatment of educational institutions, increased availability to students, convenience and fairness to Service members, and mission tempo of the servicing DoD
installation and/or education office.

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Each educational institution must sign a DoD VolEd Partnership MOU.
Eliminating the 20-student base access requirement will afford each of these educational institutions the same opportunity to provide academic counseling and student support services, regardless of the number of military students enrolled in their programs.
Additionally, this rule finalizes amendments to the Authority citations for the part to include 10 U.S.C. 2006a, as section 2006a became effective as law on August 1, 2014, after the May 2014
publication of the current version of this rule.
Legal Authority for This Program The current rule implements the legal requirements of 10 U.S.C. 2005 and 2007 for DoDs VolEd Programs. The citation of 10 U.S.C. 2006a is also incorporated with this amendment.
Below, we summarize each legal authority.
10 U.S.C. 2005Authorizes the Secretary concerned to associate a service agreement with the provision of advanced education assistance to a Service member and to subject a Service member to repayment if the service agreement is not satisfied.
10 U.S.C. 2007Authorizes the Secretary of Defense to provide advanced education assistance and pay tuition for off-duty training or education of eligible members of the Armed Forces.
Regulatory History The current rule was published in the Federal Register FR 79 FR 27732 on May 15, 2014, after a proposed rule was published in the FR 78 FR 49382 on August 14, 2013, for a 45-day public comment period. The rule implements DoDs VolEd Programs to provide Service members with opportunities to enhance their academic achievement i.e., earn a degree or certificate during their off-duty time, which in turn, improves job performance and promotion potential. The rule also addresses uniform TA, counseling, and support services policy. Funding for VolEd Programs, including the DoD TA
program, is authorized by law 10 U.S.C.
2007 and is subject to the availability of funds from each Military Department.
The original rule for DoDs VolEd Program was published in the FR 77 FR
72941 on December 6, 2012, after a proposed rule was published in the FR
75 FR 47504 August 6, 2010, for a 45day public comment period. Executive Order E.O. 13607, Establishing Principles of Excellence for Educational Institutions Servicing Service Members,
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Veterans, Spouses, and Other Family Members, signed April 27, 2012
available at https www.govinfo.gov/
content/pkg/FR-2012-05-02/pdf/201210715.pdf, directs the Departments of Defense, Veterans Affairs, and Education to establish Principles of Excellence to apply to educational institutions receiving funding from Federal military and veterans educational benefits programs, including benefits programs provided by the Post-9/11 GI Bill and the TA
Program. A March 2011 Government Accountability Office report on the DoD
TA program recommended DoD take steps to enhance its oversight of schools receiving TA funds. available at http
www.gao.gov/new.items/d11300.pdf.
As a result, a DoD standardized MOU
requirement was included in the rule. A
MOU between DoD and an educational institution is required before participating in DoD VolEd Programs, including TA. The MOU outlines the Departments relationship with education providers to ensure that interactions with Service members are consistent with statute and applicable EOs. Additionally, the rule incorporates principles consistent with E.O. 13607.
Regulatory Analysis We developed this rule amendment after considering numerous statutes and EOs related to rulemaking. Below, we summarize our analyses based on these statutes or EOs.
Regulatory Planning and Review Executive Orders 12866 and 13563
EOs 12866 Regulatory Planning and Review and 13563 Improving Regulation and Regulatory Review direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits including potential economic, environmental, public health and safety effects, distribute impacts, and equity.
E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule amendment has been designated a nonsignificant action, and, accordingly, has not been reviewed by the Office of Management and Budget OMB.
Costs Although the current rule had costs of $100 million or more, this final rule amendment does not incur any additional cost, as this final rule is removing the minimum student requirement at domestic military bases
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