[Federal Register Volume 63, Number 47 (Wednesday, March 11, 1998)]
[Proposed Rules]
[Pages 11858-11862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6201]
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DEPARTMENT OF DEFENSE
Department of the Army
32 CFR Part 507
Manufacture, Sale, Wear, Commercial Use and Quality Control of
Heraldic Items
AGENCY: Department of the Army, DoD.
ACTION: Proposed rule.
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SUMMARY: This proposed revision authorizes the manufacture and sale of
full size military medals and decorations. In the past the manufacture
and sale of these items was prohibited except under Government contract
through the Defense Personnel Support Center. In coordination with all
the Services, the Office of the Secretary of Defense approved the
manufacture and sale of full size military medals and decorations with
the provision that no version of the Medal of Honor can be manufactured
except under Government contract with the Defense Personnel Support
Center. This proposed rule also
[[Page 11859]]
revises the Department of the Army policy (Army Regulation 672-8)
governing the manufacture, sale, reproduction, possession, and wearing
of military decorations, medals, badges, and insignia. This proposal
establishes responsibility for authorizing the incorporation of
insignia designs in commercial articles; adds procedures for processing
a request to use Army insignia and the Army emblem design in
advertisement or promotional materials; clarifies insignia items that
are controlled heraldic items; and defines the certification process
for heraldic items. This proposal has a direct affect on Departments of
the Army and Air Force personnel who design, procure from private
industry and who wear military insignia.
DATES: Comments must be received no later than April 10, 1998.
ADDRESSES: Director, The Institute of Heraldry, 9325 Gunston Road, Room
S-112, Fort Belvoir, Virginia 22060-5579.
FOR FURTHER INFORMATION CONTACT:
Stanley W. Haas, Chief, Technical and Production Division, telephone
(703) 806-4984.
SUPPLEMENTARY INFORMATION: The wear, manufacture, and sale of
decorations, medals, badges, and insignia is restricted by 18 U.S.C.
701 and 704. The Institute of Heraldry, U.S. Army has been designated
to act in behalf of the Department of Defense, Department of the Army
and Department of the Air Force in establishing regulations governing
control in manufacture and quality.
Executive Order 12866
This rule is not a major rule as defined by Executive Order 12866.
Regulatory Flexibility Act
The Regulatory Flexibility Act has no bearing on this rule.
Paperwork Reduction Act
This rule does not contain reporting or record keeping requirements
subject to the Paperwork Reduction Act.
List of Subjects in 32 CFR Part 507
Decorations, medals, awards.
Accordingly, 32 CFR Part 507 is proposed to be revised as follows:
PART 507--MANUFACTURE AND SALE OF DECORATIONS, MEDALS, BADGES,
INSIGNIA, COMMERCIAL USE OF HERALDIC DESIGNS AND HERALDIC QUALITY
CONTROL PROGRAM
Subpart A--Introduction
Sec.
507.1 Purpose.
507.2 References.
507.3 Explanation of abbreviations and terms.
507.4 Responsibilities.
507.5 Statutory authority.
Subpart B--Manufacture and Sale of Decorations, Medals, Badges, and
Insignia
507.6 Authority to manufacture.
507.7 Authority to sell.
507.8 Articles authorized for manufacture and sale.
507.9 Articles not authorized for manufacture or sale.
Subpart C--Commercial Use of Heraldic Designs
507.10 Incorporation of designs or likenesses of approved designs
in commercial articles.
507.11 Reproduction of designs.
507.12 Possession and wearing.
Subpart D--Heraldic Quality Control Program
507.13 General.
507.14 Controlled heraldic items.
507.15 Certification of heraldic items.
507.16 Violations and penalties.
507.17 Procurement and wear of heraldic items.
507.18 Processing complaints of alleged breach of policies.
Authority: 10 U.S.C. 3012, 18 U.S.C. 701, 18 U.S.C. 702.
Subpart A--Introduction
507.1 Purpose.
This part prescribes the Department of the Army and the Air Force
policy governing the manufacture, sale, reproduction, possession, and
wearing of military decorations, medals, badges, and insignia. It also
establishes the Heraldic Item Quality Control Program to improve the
appearance of the Army and Air Force by controlling the quality of
heraldic items purchased from commercial sources.
Sec. 507.2 References.
Related publications are listed in paragraphs (a) through (f) of
this section. (A related publication is merely a source of additional
information. The user does not have to read it to understand this
part). Copies of referenced publications may be reviewed at Army and
Air Force Libraries or may be purchased from the National Technical
Information Services, U.S. Department of Commerce, 5285 Port Royal
Road, Springfield, VA 22161.
(a) AFI 36-2903, Dress and Personal Appearance of Air Force
Personnel.
(b) AR 360-5, Public Information.
(c) AR 670-1, Wear and Appearance of Army Uniforms and Insignia.
(d) AR 840-1, Department of the Army Seal, and Department of the
Army emblem and Branch of Service Plaques.
(e) AR 840-10, Heraldic Activities, Flags, Guidons, Streamers,
Tabards and Automobile Plates.
(f) AFR 900-3, Department of the Air Force Seal, Organizational
Emblems, Use and Display of Flags, Guidons, Streamers, and Automobile
and Aircraft Plates.
Sec. 507.3 Explanation of abbreviations and terms.
(a) Abbreviations.
(1) AFB--Air Force Base.
(2) DA--Department of the Army.
(3) DCSPER--Deputy Chief of Staff for Personnel.
(4) DPSC--Defense Personnel Support Center.
(5) DUI--distinctive unit insignia.
(6) ROTC--Reserve Officers' Training Corps.
(7) SSI--shoulder sleeve insignia.
(8) TIOH--The Institute of Heraldry.
(9) USAF--United States Air Force.
(b) Terms.
(1) Cartoon. A drawing six times actual size, showing placement of
stitches, color and size of yarn and number of stitches.
(2) Certificate of Authority to Manufacture. A certificate
assigning manufacturers a hallmark and authorizing manufacture of
heraldic items.
(3) Hallmark. A distinguishing mark consisting of a letter and
numbers assigned to certified manufacturers for use in identifying
manufacturers of insignia.
(4) Heraldic items. All items worn on the uniform to indicate unit,
skill, branch, award or identification and a design has been
established by TIOH on an official drawing.
(5) Letter of Agreement. A form signed by manufacturers before
certification, stating that the manufacturer agrees to produce heraldic
items in accordance with specific requirements.
(6) Letter of Authorization. A letter issued by TIOH that
authorizes the manufacture of a specific heraldic items after quality
assurance inspection of a preproduction sample.
(7) Tools. Hubs, dies, cartoons, and drawings used in the
manufacture of heraldic items.
Sec. 507.4 Responsibilities.
(a) Deputy Chief of Staff for Personnel (DCSPER), Army. The DCSPER
has staff responsibility for heraldic activities in the Army.
(b) The Director, The Institute of Heraldry (TIOH). The Director,
TIOH, will--
(1) Monitor the overall operation of the Heraldic Quality Control
Program.
(2) Authorize the use of insignia designs in commercial items.
[[Page 11860]]
(3) Certify insignia manufacturers.
(4) Inspect the quality of heraldic items.
(c) The Commander, Air Force Personnel Center, Randolph AFB, TX
78150-4739. The Commander has staff responsibility for heraldic
activities in the Air Force.
(d) The Chief, Air Force Personnel Center Commander's Programs
Branch (HQ AFPC/DPSFC), 550 C Street West, Suite 37, Randolph AFB, TX
78150-4739. The Chief, Commander's Programs Branch is responsible for
granting permission for the incorporation of certain Air Force badges
and rank insignia designs in commercial items.
(e) Commander, Air Force Historical Research Agency (AFHRA/RSO),
Maxwell AFB, AL 36112-6424. The Commander, AFHRA/RSO, is responsible
for granting permission for use of the Air Force seal, coat of arms,
and crest.
(f) Commanders. Commanders are responsible for purchasing heraldic
items that have been produced by manufacturers certified by TIOH.
Commanders will ensure that only those heraldic items that are of
quality and design covered in the specification and that have been
produced by certified manufacturers are worn by personnel under their
command.
Sec. 507.5 Statutory authority.
(a) The wear, manufacture, and sale of military decorations,
medals, badges, their components and appurtenances, or colorable
imitations of them, are governed by section 704, title 18, United
States Code (18 U.S.C. 704).
(b) The manufacture, sale, possession, and reproduction of badges,
identification cards, insignia, or other designs, prescribed by the
head of a U.S. department or agency, or colorable imitations of them,
are governed by Title 18, United States Code, Section 701 (18 U.S.C.
701).
(c) This part incorporates the statutory provisions.
Subpart B--Manufacture and Sale of Decorations, Medals, Badges, and
Insignia
Sec. 507.6 Authority to manufacture.
(a) A certificate of authority to manufacture heraldic articles may
be granted by the Institute of Heraldry.
(1) Certificates of authority will be issued only to companies who
have manufacturing capability and agree to manufacture heraldic items
according to applicable specifications or purchase descriptions.
(2) The certificate of authority is valid only for the individual
or corporation indicated.
(3) A hallmark will be assigned to each certified manufacturer. All
insignia manufactured will bear the manufacturer's hallmark.
(b) A certificate of authority may be revoked or suspended under
the procedures prescribed in subpart D of this part.
(c) Manufacturers will submit a preproduction sample to TIOH of
each item they manufacture for certification under the Heraldic Quality
Control Program. A letter of certification authorizing manufacture of
each specific item will be issued provided the sample meets quality
assurance standards.
(d) A copy of the certified manufacturer's list will be furnished
to the Army and Air Force Exchange Service and, upon request, to Army
and Air Force commanders.
Sec. 507.7 Authority to sell.
No certificate of authority to manufacture is required to sell
articles listed in Sec. 507.8 of this part; however, sellers are
responsible for insuring that any article they sell is manufactured in
accordance with Government specifications using government furnished
tools, bears a hallmark assigned by TIOH, and that the manufacturer has
received a certification to manufacture that specific item prior to
sale.
Sec. 507.8 Articles authorized for manufacture and sale.
(a) The articles listed in paragraphs (a)(1) through (10) of this
section are authorized for manufacture and sale when made in accordance
with approved specifications, purchase descriptions or drawings.
(1) All authorized insignia (AR 670-1 and AFI 36-2903).
(2) Appurtenances and devices for decorations, medals, and ribbons
such as oak leaf clusters, service stars, arrowheads, V-devices, and
clasps.
(3) Combat, special skill, occupational and qualification badges
and bars.
(4) Identification badges.
(5) Fourrageres and lanyards.
(6) Lapel buttons.
(7) Decorations, service medals, and ribbons, except for the Medal
of Honor.
(8) Replicas of decorations and service medals for grave markers.
Replicas are to be at least twice the size prescribed for decorations
and service medals.
(9) Service ribbons for decorations, service medals, and unit
awards.
(10) Rosettes.
(11) Army emblem and branch of service plaques.
(b) Variations from the prescribed specifications for the items
listed in paragraph (a) of this section are not permitted without prior
approval, in writing, by TIOH.
Sec. 507.9 Articles not authorized for manufacture or sale.
The following articles are not authorized for manufacture and sale,
except under contract with DPSC:
(a) The Medal of Honor.
(b) Service ribbon for the Medal of Honor.
(c) Rosette for the Medal of Honor.
(d) Service flags (prescribed in AR 840-10 or AFR 900-3).
(e) Army seal.
(f) Commercial articles for public sale that incorporates designs
or likenesses of decorations, service medals, and service ribbons.
(g) Commercial articles for public sale that incorporate designs or
likenesses of designs of insignia listed in Sec. 507.8 of this part,
except when authorized by the Service concerned.
Subpart C--Commercial Use of Heraldic Designs
Sec. 507.10 Incorporation of designs or likenesses of approved designs
in commercial articles.
The policy of the Department of the Army and the Department of the
Air Force is to restrict the use of military designs for the needs or
the benefit of personnel of their Services.
(a) Except as authorized in writing by the Department of the Army
or the Department of the Air Force, as applicable, the manufacture of
commercial articles incorporating designs or likenesses of official
Army/Air Force heraldic items is prohibited. However, certain designs
or likenesses of insignia such as badges or organizational insignia may
be incorporated in articles manufactured for sale provided that
permission has been granted as specified in paragraphs (a)(1) and (2)
of this section.
(1) Designs approved for use of the Army. The Director, The
Institute of Heraldry, 9325 Gunston Road, Room S-112, Fort Belvoir, VA
22060-5579, is responsible for granting permission for the
incorporation of certain Army insignia designs and the Army emblem in
commercial articles manufactured for sale. Permission for such use will
be in writing. Commanders of units authorized a SSI or DUI may
authorize the reproduction of their SSI or DUI on commercial articles
such as shirts, tie tacks, cups, or plaques. Permission for use of a
SSI or DUI will be submitted in writing to the commander concerned.
Authorization for incorporation of
[[Page 11861]]
designs or likenesses of designs in commercial items will be granted
only to those manufacturers who agree to offer these items for sale
only to Army and Air Force Exchange Service and outlets that sell
primarily to military personnel and their dependents.
(2) Designs approved for use of the Air Force. Headquarters, Air
Force Personnel Center, Chief, Commander's Programs Branch (HQ AFPC/
DPSFC), 550 C Street West, Suite 37, Randolph AFB, TX 78150-4739, is
responsible for granting permission for the incorporation of certain
Air Force designs for commercial articles manufactured for sale. The
Commander, Air Force Historical Research Agency, AFHRA/RSO, Maxwell
AFB, AL 36112-6678, is responsible for granting permission for the
incorporation of the coat of arms, crest, seal and organizational
emblems. Such permission will be in writing. Authorization for
incorporation of designs or likenesses of designs in commercial items
will be granted only to those manufacturers who agree to offer these
items for sale only to the Army and Air Force Exchange Service, or to
those outlets that sell primarily to military personnel and their
dependents.
(b) In the case of the Honorable Service lapel button, a general
exception is made to permit the incorporation of that design in
articles manufactured for public sale provided that such articles are
not suitable for wear as lapel buttons or pins.
Sec. 507.11 Reproduction of designs.
(a) The photographing, printing, or, in any manner making or
executing any engraving, photograph, print, or impression in the
likeness of any decoration, service medal, service ribbon, badge, lapel
button, insignia, or other device, or the colorable imitation thereof,
of a design prescribed by the Secretary of the Army or the Secretary of
the Air Force for use by members of the Army or the Air Force is
authorized provided that such reproduction does not bring discredit
upon the military service and is not used to defraud or to misrepresent
the identification or status of an individual, organization, society,
or other group of persons.
(b) The use for advertising purposes of any engraving, photograph,
print, or impression of the likeness of any Department of the Army of
Department of the Air Force decoration, service medal, service ribbon,
badge, lapel button, insignia, or other device (except the Honorable
Service lapel button) is prohibited without prior approval, in writing,
by the Secretary of the Army or the Secretary of the Air Force except
when used to illustrate a particular article that is offered for sale.
Request for use of Army insignia in advertisements or promotional
materials will be processed through public affairs channels in
accordance with AR 360-5, paragraph 3-37.
(c) The reproduction in any manner of the likeness of any
identification card prescribed by Department of the Army or Department
of the Air Force is prohibited without prior approval in writing by the
Secretary of the Army or Secretary of the Air Force.
Sec. 507.12 Possession and wearing.
(a) The wearing of any decoration, service medal, badge, service
ribbon, lapel button, or insignia prescribed or authorized by the
Department of the Army and the Department of the Air Force by any
person not properly authorized to wear such device, or the use of any
decoration, service medal, badge, service ribbon, lapel button, or
insignia to misrepresent the identification or status of the person by
whom such is worn is prohibited. Any person who violates the provision
of this section is subject to punishment as prescribed in the statutes
referred to in Sec. 507.5 of this part.
(b) Mere possession by a person of any of the articles prescribed
in Sec. 507.8 of this part is authorized provided that such possession
is not used to defraud or misrepresent the identification or status of
the individual concerned.
(c) Articles specified in Sec. 507.8 of this part, or any
distinctive parts including suspension ribbons and service ribbons) or
colorable imitations thereof, will not be used by any organization,
society, or other group of persons without prior approval in writing by
the Secretary of the Army or the Secretary of the Air Force.
Subpart D--Heraldic Quality Control Program
Sec. 507.13 General.
The heraldic quality control program provides a method of ensuring
that insignia items are manufactured with tools and specifications
provided by TIOH.
Sec. 507.14 Controlled heraldic items.
The articles listed in Sec. 507.8 of this part are controlled
heraldic items and will be manufactured in accordance with Government
specifications using Government furnished tools or cartoons. Tools and
cartoons are not provided to manufacturers for the items in paragraphs
(a) through (e) of this section. However, manufacture will be in
accordance with the Government furnished drawings.
(a) Shoulder loop insignia, ROTC, U.S. Army.
(b) Institutional SSI, ROTC, U.S. Army.
(c) Background trimming/flashes, U.S. Army.
(d) U.S. Air Force organizational emblems for other than major
commands.
(e) Hand embroidered bullion insignia.
Sec. 507.15 Certification of heraldic items.
A letter of certification to manufacture each heraldic item, except
those listed in Sec. 507.14(a) through (e) of this part, will be
provided to the manufacturer upon submission of a preproduction sample.
Manufacture and sale of these items is not authorized until the
manufacturer receives a certification letter from TIOH.
Sec. 507.16 Violations and penalties.
A certificate of authority to manufacture will be revoked by TIOH
upon intentional violation by the holder thereof of any of the
provisions of this part, or as a result of not complying with the
agreement signed by the manufacturer in order to receive a certificate.
Such violations are also subject to penalties prescribed in the Acts of
Congress (Sec. 507.5 of this part). A repetition or continuation of
violations after official notice thereof will be deemed prima facie
evidence of intentional violation.
Sec. 507.17 Procurement and wear of heraldic items.
(a) The provisions of this part do not apply to contracts awarded
by the Defense Personnel Support Center for manufacture and sale to the
U.S. Government.
(b) All Army and Air Force service personnel who wear quality
controlled heraldic items that were purchased from commercial sources
will be responsible for ensuring that the items were produced by a
certified manufacturer. Items manufactured by certified manufacturers
will be identified by a hallmark and/or certificate label certifying
the item was produced in accordance with specifications.
(c) Commanders will ensure that only those heraldic items that are
of the quality and design covered in the specifications and that have
been produced by certified manufacturers are worn by personnel under
their command. Controlled heraldic items will be procured only from
manufacturers certified by TIOH. Commanders procuring controlled
[[Page 11862]]
heraldic items, when authorized by local procurement procedures, may
forward a sample insignia to TIOH for quality assurance inspection if
the commander feels the quality does not meet standards.
Sec. 507.18 Processing complaints of alleged breach of policies.
The Institute of Heraldry may revoke or suspend the certificate of
authority to manufacture if there are breaches of quality control
policies by the manufacturer. As used in this paragraph, the term
quality control policies includes the obligation of a manufacturer
under his or her ``Agreement to Manufacture,'' the quality control
provisions of this part, and other applicable instructions provided by
TIOH.
(a) Initial processing. (1) Complaints and reports of an alleged
breach of quality control policies will be forwarded to the Director,
The Institute of Heraldry, 9325 Gunston Road, Room S-112, Fort Belvoir,
VA 22060-5579 (hereinafter referred to as Director).
(2) The Director may direct that an informal investigation of the
complaint or report be conducted.
(3) If such investigation is initiated, it will be the duty of the
investigator to ascertain the facts in an impartial manner. Upon
conclusion of the investigation, the investigator will submit a report
to the appointing authority containing a summarized record of the
investigation together with such findings and recommendations as may be
appropriate and warranted by the facts.
(4) The report of investigation will be forwarded to the Director
for review. If it is determined that a possible breach of quality
control policies has occurred, the Director will follow the procedures
outlined in paragraphs (b) through (g) of this section.
(b) Voluntary performance. The Director will transmit a registered
letter to the manufacturer advising of the detailed allegations of
breach and requesting assurances of voluntary compliance with quality
control policies. No further action is taken if the manufacturer
voluntarily complies with the quality control policies; however, any
further reoccurrence of the same breach will be considered refusal to
perform.
(c) Refusal to perform. (1) If the manufacturer fails to reply
within a reasonable time to the letter authorized by paragraph (b) of
this section, or refuse to give adequate assurances that future
performance will conform to quality control policies, or indicates by
subsequent conduct that the breach is continuous or repetitive, or
disputes the allegations of breach, the Director will direct that a
public hearing be conducted on the allegations.
(2) A hearing examiner will be appointed by appropriate orders. The
examiner may be either a commissioned offer or a civilian employee
above the grade of GS-7.
(3) The specific written allegations, together with other pertinent
material, will be transmitted to the hearing examiner for introduction
as evidence at the hearing.
(4) Manufacturers may be suspended for failure to return a loaned
tool without referral to hearing specified in paragraph (c)(1) of this
section; however, the manufacturer will be advised, in writing, that
tools are overdue and suspension will take effect if not returned
within the specified time.
(d) Notification to the manufacturer by examiner. Within a 7-day
period following receipt by the examiner of the allegations and other
pertinent material, the examiner will transmit a registered letter of
notification to the manufacturer informing him or her of the following:
(1) Specific allegations.
(2) Directive of the Director requiring the holding of a public
hearing on the allegations.
(3) Examiner's decision to hold the public hearing at a specific
time, date, and place that will be not earlier than 30 days from the
date of the letter of notification.
(4) Ultimate authority of the Director to suspend to revoke the
certificate of authority should the record developed at the hearing so
warrant.
(5) Right to--
(i) A full and fair public hearing.
(ii) Be represented by counsel at the hearing.
(iii) Request a change in the date, time, or place of the hearing
for purposes of having reasonable time in which to prepare the case.
(iv) Submit evidence and present witnesses in his or her own
behalf.
(v) Obtain, upon written request filed before the commencement of
the hearing, at no cost, a verbatim transcript of the proceedings.
(e) Public hearing by examiner. (1) At the time, date, and place
designated in accordance with paragraph (d)(3) of this section, the
examiner will conduct the public hearing.
(i) A verbatim record of the proceeding will be maintained.
(ii) All previous material received by the examiner will be
introduced into evidence and made part of the record.
(iii) The Government may be represented by counsel at the hearing.
(2) Subsequent to the conclusion of the hearing, the examiner will
make specific findings on the record before him or her concerning each
allegation.
(3) The complete record of the case will be forwarded to the
Director.
(f) Action by the Director. (1) The Director will review the record
of the hearing and either approve or disapprove the findings.
(2) Upon arrival of a finding of breach of quality control
policies, the manufacturer will be so advised.
(3) After review of the findings, the certificate of authority may
be revoked or suspended. If the certificate of authority is revoked or
suspended, the Director will--
(i) Notify the manufacturer of the revocation or suspension.
(ii) Remove the manufacturer from the list of certified
manufacturers.
(iii) Inform the Army and Air Force Exchange Service of the action.
(g) Reinstatement of certificate of authority: The Director may,
upon receipt of adequate assurance that the manufacturer will comply
with quality control policies, reinstate a certificate of authority
that has been suspended or revoked.
Thomas B. Proffitt,
Director.
[FR Doc. 98-6201 Filed 3-10-98; 8:45 am]
BILLING CODE 3710-08-M
