Sec. 1212. PROHIBITION OF CERTAIN RESTRICTIONS ON INSTITUTIONS ELIGIBLE TO PROVIDE EDUCATIONAL SERVICES
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## SEC. 1212 PROHIBITION OF CERTAIN RESTRICTIONS ON INSTITUTIONS ELIGIBLE TO PROVIDE EDUCATIONAL SERVICES **[**[10 U.S.C. 113 note](/us/usc/t10/s113)**]** ###
(a)No solicitation, contract, or agreement for the provision of offduty postsecondary education services for members of the Armed Forces of the United States, civilian employees of the Department of Defense, or the dependents of such members or employees may discriminate against or preclude any accredited academic institution authorized to award one or more associate degrees from offering courses within its lawful scope of authority solely on the basis of such institution's lack of authority to award a baccalaureate degree. ###
(b)No solicitation, contract, or agreement for the provision of offduty postsecondary education services for members of the Armed Forces of the United States, civilian employees of the Department of Defense, or the dependents of such members or employees, other than those for services at the graduate or postgraduate level, may limit the offering of such services or any group, category, or level of courses to a single academic institution. However, nothing in this section shall prohibit such actions taken in accordance with regulations of the Secretary of Defense which are uniform for all armed services as may be necessary to avoid unnecessary duplication of offerings, consistent with the purpose of this provision of ensuring the availability of alternative offerors of such services to the maximum extent feasible. ###
(c)####
(1)The Secretary of Defense shall conduct a study to determine the current and future needs of members of the Armed Forces, civilian employees of the Department of Defense, and the dependents of such members and employees for postsecondary education services at overseas locations. The Secretary shall determine on the basis of the results of that study whether the policies and procedures of the Department in effect on the date of the enactment of the Department of Defense Authorization Act for Fiscal Years 1990 and 1991 with respect to the procurement of such services are— #####
(A)consistent with the provisions of subsections
(a)and (b); #####
(B)adequate to ensure the recipients of such services the benefit of a choice in the offering of such services; and #####
(C)adequate to ensure that persons stationed at geographically isolated military installations or at installations with small complements of military personnel are adequately served. The Secretary shall complete the study in such time as necessary to enable the Secretary to submit the report required by paragraph (2)(A) by the deadline specified in that paragraph. ####
(2)#####
(A)The Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of the study referred to in paragraph (1), together with a copy of any revisions in policies and procedures made as a result of such study. The report shall be submitted not later than March 1, 1990. #####
(B)The Secretary shall include in the report an explanation of how determinations are made with regard to— ######
(i)affording members, employees, and dependents a choice in the offering of courses of postsecondary education; and ######
(ii)whether the services provided under a contract for such services should be limited to an installation, theater, or other geographic area. ####
(3)#####
(A)Except as provided in subparagraph (B), no contract for the provision of services referred to in subsection
(a)may be awarded, and no contract or agreement entered into before the date of the enactment of this paragraph may be renewed or extended on or after such date, until the end of the 60-day period beginning on the date on which the report referred to in paragraph (2)(A) is received by the committees named in that paragraph. #####
(B)A contract or an agreement in effect on October 1, 1989, for the provision of postsecondary education services in the European Theater for members of the Armed Forces, civilian employees of the Department of Defense, and the dependents of such members and employees may be renewed or extended without regard to the limitation in subparagraph (A). #####
(C)In the case of a contract for services with respect to which a solicitation is pending on the date of the enactment of this paragraph, the contract may be awarded— ######
(i)on the basis of the solicitation as issued before the date of the enactment of this paragraph; ######
(ii)on the basis of the solicitation issued before the date of the enactment of this paragraph modified so as to conform to any changes in policies and procedures the Secretary determines should be made as a result of the study required under paragraph (1); or ######
(iii)on the basis of a new solicitation. ###
(d)Nothing in this section shall be construed to require more than one academic institution to be authorized to offer courses aboard a particular naval vessel. * * * * * * *
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Sec. 1212
PROHIBITION OF CERTAIN RESTRICTIONS ON INSTITUTIONS ELIGIBLE TO PROVIDE EDUCATIONAL SERVICES
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