[Federal Register Volume 63, Number 36 (Tuesday, February 24, 1998)]
[Proposed Rules]
[Pages 9167-9168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4630]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 212
[DoD Instruction 1000.15]
RIN 0790-AG53
Private Organizations on DoD Installations
AGENCY: Assistant Secretary of Defense for Force Management Policy,
DoD.
ACTION: Proposed rule.
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SUMMARY: The proposed revision of this part will ensure that private
organizations operating on DoD installations do so in accordance with
parameters established for their authorization and support. Private
organizations are self-sustaining, non-Federal entities which operate
on DoD installations outside the scope of any official capacity as
officers, employees, or agents of the Federal Government.
DATES: Comments are requested by April 27, 1998.
ADDRESSES: Forward comments to: ODASD (PSF&E), Room 1B700, 4000 Defense
Pentagon, Washington, DC 20301-4000.
FOR FURTHER INFORMATION CONTACT:
Martin S. Thomas III, LTC, USA, (703) 614-3112.
SUPPLEMENTARY INFORMATION:
Executive Order 12866, ``Regulatory Planning and Review''
I, Francis M. Rush, Jr., Acting Assistant Secretary of Defense for
Force Management Policy, hereby determine that 32 CFR part 212 is not a
significant regulatory action. The 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 sector 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.
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)
I, Frank M. Rush, Jr., Acting Assistant Secretary of Defense for
Force Management Policy, hereby certify that this 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. The primary effect of this rule will not be
on small businesses, but on private organizations operating on DoD
installations as the procedures for their authorization and support
have been redefined and reestablished in this proposed rule.
Public Law 104-13, ``Paperwork Reduction Act of 1995'' (44 U.S.C.
Chapter 35)
I, Francis M. Rush, Jr., Acting Assistant Secretary of Defense for
Force Management Policy, hereby certify that CFR part 212 does not
impose any reporting or recordkeeping requirements under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
List of Subjects in 32 CFR Part 212
DoD installations, Federal buildings and facilities, Private
organizations.
Accordingly, 32 CFR part 212 is proposed to be revised to read as
follows:
PART 212--PRIVATE ORGANIZATIONS ON DOD INSTALLATIONS
Sec.
212.1 Reissuance and purpose.
212.2 Applicability.
212.3 Definitions.
212.4 Policy.
212.5 Responsibilities.
212.6 Procedures.
Authority: 5 U.S.C. 301.
Sec. 212.1 Reissuance and purpose.
This part:
(a) Revises 32 CFR part 212.
(b) Implements policy in DoD Directive 5124.5.\1\
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\1\ Copies may be obtained, if needed, from the National
Technical Information Service (NTIS), 5285 Port Royal Road,
Springfield, VA 22161.
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(c) Updates responsibilities and procedures to define and
reestablish parameters for private organizations located on DoD
installations for their authorization and support.
Sec. 212.2 Applicability.
This part applies to:
(a) The Office of the Secretary of Defense (OSD), the Military
Departments, the Chairman of the Joint Chiefs of Staff, the Combatant
Commands, the Defense Agencies, and DoD Field Activities (hereafter
referred to collectively as the ``DoD Components'').
(b) Private organizations authorized to operate on DoD
installations.
Sec. 212.3 Definitions.
(a) DoD Installation. A location, facility, or activity owned,
leased, assigned to, controlled, or occupied by a DoD Component.
(b) Private Organizations. Self-sustaining and non-Federal
entities, incorporated or unincorporated, which are operated on DoD
installations with the written consent of the installation commander or
higher authority, by individuals acting exclusively outside the scope
of any official capacity as officers, employees, or agents of the
Federal Government.
Sec. 212.4 Policy.
It is DoD policy under DoD Directive 5124.5 that procedures be
established for the operation of private organizations on DoD
installations to prevent the official sanction, endorsement, or support
by DoD Components except as in 32 CFR part 84. Private organizations
are not entitled to sovereign immunity and privileges accorded to
Federal entities and instrumentalities. Private organizations are not
Federal entities and are not be treated as such, in order to avoid
conflicts of interest and unauthorized expenditures of appropriated,
commissary surcharge, or nonappropriated funds.
Sec. 212.5 Responsibilities.
(a) The Assistant Secretary of Defense for Force Management Policy,
under the Under Secretary of Defense for Personnel and Readiness, shall
be responsible for all policy matters and OSD oversight for the
monitoring of
[[Page 9168]]
private organizations on DOD installations.
(b) The Heads of the DoD Components shall implement this part,
shall be kept aware of all private organizations located on
installations under their jurisdiction, and ensure that periodic
reviews of private organizations are conducted to:
(1) Ensure for each such private organization that the membership
provisions and purposes on the basis of which the organization was
permitted on the installation continue to apply, thereby justifying
continuance on the installation. Substantial changes to those
conditions shall necessitate further review, documentation, and
approval for continued permission to remain on the installation.
(2) Furnish reports to the Assistant Secretary of Defense for Force
Management Policy on private organizations covered by this part as
required.
Sec. 212.6 Procedures.
(a) To prevent the appearance of an official sanction or support by
the Department of Defense, a private organization covered by this part
shall not utilize the following in its title or letterhead:
(1) The name or seal of the Department of Defense or the acronym
``DoD.''
(2) The name, abbreviation, or seal of any DoD Component or
instrumentality.
(3) The seal, insignia, or other identifying device of the local
installation.
(4) Any other name, abbreviation, seal, logo, insignia, or the
like, used by any DoD Component to identify any of its programs,
locations, or activities.
(b) Activities of private organizations covered by this part shall
not in any way prejudice or discredit the DoD Components or the other
Agencies of the Federal Government.
(c) The nature, function, and objectives of a private organization
covered by this part shall be delineated in a written constitution, by-
laws, charter, articles of agreement, or other authorization documents
acceptable to the head of the DoD installation. That documentation
shall also include:
(1) Description of membership eligibility in the private
organization.
(2) Designation of management responsibilities, to include the
accountability for assets, satisfaction of liabilities, disposition of
any residual assets on dissolution, and other matters that show
responsible financial management.
(3) Documentation indicating an understanding by all members as to
whether they are personally liable if the assets are insufficient to
discharge all liabilities.
(d) A private organization covered by this part that offers
programs or services similar to either appropriated or nonappropriated
fund activities on a DoD installation shall not compete with, but may,
when specifically authorized in the approval document, supplement those
activities.
(e) Private organizations covered by this part shall be self-
sustaining, primarily through dues, contributions, service charges,
fees, or special assessment of members. There shall be no financial
assistance to a private organization from a nonappropriated fund
instrumentality in the form of contributions, repairs, services,
dividends, or other donations of money or other assets. Fundraising and
membership drives are governed by 32 CFR part 84.
(f) The DoD Components may provide logistical support to private
organizations with appropriated Federal Government resources in
accordance with 32 CFR part 84. In conformance with DoD Directive
1015.1,\2\ nonappropriated fund instrumentalities funds or assets shall
not be directly or indirectly transferred to private organizations.
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\2\ See footnote to Sec. 212.1(b).
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(g) Personal and professional participation in private
organizations by DoD employees is governed by 32 CFR part 84.
(h) Neither appropriated fund activities nor nonappropriated fund
instrumentalities may assert any claim to the assets, or incur or
assume any obligation of any private organization covered by this part
except as may arise out of contractual relationships. Property
abandoned by a private organization on its disestablishment or
departure from the installation, or donated by it to the installation,
may be acquired by the DoD installation under the terms of applicable
agreements, statutes, and DoD policy.
(i) Adequate insurance, as defined by the Service concerned, shall
be secured by the organization to protect against public liability and
property damage claims or other legal actions that may arise as a
result of activities of the organization or one or more of its members
acting in its behalf, or the operation of any equipment, apparatus or
device under the control and responsibility of the private
organization.
(j) Private organizations shall be responsible for ensuring
applicable fire and safety regulations, environmental laws, local,
state, and Federal tax codes, and any other applicable statutes and
regulations are complied within the operation of the private
organization.
(k) Income shall not accrue to individual members except through
wages and salaries as employees of the private organization or as award
recognition for service rendered to the private organization or
military community. The head of a DoD installation concerned may
approve the operation of private organizations, such as investment
clubs, in which the investment of members' personal funds result in a
return on investment directly and solely to the individual members.
(l) No person because of race, color, creed, sex, age, disability
or national origin shall be unlawfully denied membership, unlawfully
excluded from participation, or otherwise subjected to unlawful
discrimination by any private organization on a DoD installation
covered by this part. DoD installations will publicly disseminate
information on procedures for individuals to follow at the local
installation when unlawful discrimination by private organizations is
suspected.
(m) Applicable laws on labor standards for employment shall be
observed.
(n) This part does not apply to the following organizations, which
are governed by DoD Directives and Instructions as referenced:
(1) Scouting organizations operating at U.S. military installations
located overseas (DoD Instruction 1015.9 \3\).
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\3\ See footnote to Sec. 212.1(b).
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(2) American National Red Cross (DoD Directive 1330.5 \4\).
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\4\ See footnote to Sec. 212.1(b).
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(3) United Service Organizations, Inc. (DoD Directive 1330.12 \5\).
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\5\ See footnote to Sec. 212.1(b).
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(4) United Seamen's Service (DoD Directive 1330.16 \6\).
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\6\ See footnote to Sec. 212.1(b).
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(5) Financial Institutions on DoD Installations (32 CFR part 231).
(o) Certain unofficial activities may be conducted on DoD
installations, but need not be formally authorized because of the
limited scope of their activities, membership or funds. Examples are
office coffee funds, flower funds, and similar small, informal
activities and funds. DoD Components shall establish the basis upon
which such informal activities and funds shall operate.
Dated: February 19, 1998.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 98-4630 Filed 2-23-98; 8:45 am]
BILLING CODE 5000-04-M
