[Federal Register: October 2, 2007 (Volume 72, Number 190)]
[Rules and Regulations]
[Page 56011-56013]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02oc07-3]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 213
[DOD-2006-OS-0107]
RIN 0790-AI18
Support for Non-Federal Entities Authorized To Operate on DoD
Installations
AGENCY: Department of Defense.
ACTION: Final rule.
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SUMMARY: This rule establishes policy and assigns responsibilities
under DoD Directive 5124.8 for standardizing support to non-Federal
entities authorized to operate on DoD installations. It designates the
Secretary of the Army as the DoD executive agent for support to Boy
Scout and Girl Scout local councils and organizations in areas outside
of the United States; support for the national Boy Scout jamboree; the
annual DoD audit of the American Red Cross (ARC) accounts and the
subsequent report to Congress; and necessary ARC deployment support. It
also designates the Secretary of the Air Force as the DoD executive
agent for conducting the Armed Forces Entertainment program. It will
have minimal impact on the public.
DATES: Effective Date: This rule is effective November 1, 2007.
FOR FURTHER INFORMATION CONTACT: Pam Crespi, 703-602-5004.
SUPPLEMENTARY INFORMATION: On April 18, 2007 (72 FR 19411) the
Department of Defense published a proposed rule for public comment. No
comments were received.
Executive Order 12866, ``Regulatory Planning and Review''
This regulatory action is not a significant regulatory action, as
defined by Executive Order 12866 and does not:
(1) Have an annual effect to 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;
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(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)
The regulatory action 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)
The regulatory action 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 rule establishes policy and assigns executive agent
responsibilities but taken cumulatively, those changes would not have a
significant impact on a substantial number of small entities.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
The regulatory action does impose reporting or recordkeeping
requirements under the Paperwork Reduction Act of 1995.
Executive Order 13132, ``Federalism''
The regulatory action does not have federalism implications, as set
forth in Executive Order 13132. This 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 213
Federal buildings and facilities.
0
Accordingly, 32 CFR part 213 is added to read as follows:
PART 213--SUPPORT FOR NON-FEDERAL ENTITIES AUTHORIZED TO OPERATE ON
DOD INSTALLATIONS
Sec.
213.1 Purpose.
213.2 Applicability and scope.
213.3 Definition.
213.4 Policy.
213.5 Responsibilities.
Authority: 10 U.S.C. 2554 and 2606.
Sec. 213.1 Purpose.
(a) Authorizes 32 CFR part 212.
(b) Establishes policy and assigns responsibilities under DoD
Directive 5124.8 \1\ for standardizing support to non-Federal entities
authorized to operate on DoD installations.
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\1\ Copies may be obtained at http://www.dtic.mil/whs/directives/
.
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(c) Designates the Secretary of the Army as the DoD Executive Agent
(DoD EA) according to DoD Directive 5101.1: \2\
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\2\ Copies may be obtained at http://www.dtic.mil/whs/directives/
.
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(1) For DoD support to the Boy Scouts of America (BSA) and Girl
Scouts of the United States of America (GSUSA) local councils and
organizations in areas outside of the United States 10 U.S.C. 2606. DoD
support will also cover the periodic national jamboree according to 10
U.S.C. 2606.
(2) To perform the annual audit of the American Red Cross (ARC)
accounts and to prepare and submit the annual report to Congress
according to 36 U.S.C. 300110.
(3) To provide the ARC with the necessary deployment support.
(d) Designates the Secretary of the Air Force as the DoD EA
responsible for conducting the Armed Forces Entertainment (AFE)
program.
Sec. 213.2 Applicability and scope.
This part:
(a) Applies to the Office of the Secretary of Defense, the Military
Departments, the Chairman of the Joint Chiefs of Staff, the Combatant
Commands, the Office of the Inspector General of the Department of
Defense, the Defense Agencies, the DoD Field Activities, and all other
organizational entities within the Department of Defense (hereafter
referred to collectively as the ``DoD Components'') and non-Federal
entities authorized to operate on DoD installations.
(b) Shall not revise, modify, or rescind any Memorandum of
Understanding (MOU) between a non-Federal entity and the U.S.
Government or the Department of Defense or their implementing
arrangements in existence as of the effective date of this Directive.
Additionally, the Directive shall not revise, modify, or rescind any
MOU between the Department of Justice (DoJ) and the Department of
Defense that is in existence as of the effective date of this
Directive. Any such agreements shall, as they expire, come up for
renewal, or as circumstances otherwise permit, be revised to conform to
this Directive and any implementing guidance.
(c) Does not apply to banks or credit unions addressed in DoD
Directive 1000.11 \3\ or the Civil Air Patrol according to 10 U.S.C.
2554, 2606 and 9441.
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\3\ Copies may be obtained at http://www.dtic.mil/whs/directives/
.
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Sec. 213.3 Definition.
Non-federal entities. A non-Federal entity is generally a self-
sustaining, non-Federal person or organization, established, operated,
and controlled by any individual(s) acting outside the scope of any
official capacity as officers, employees, or agents of the Federal
Government. This Directive addresses only those entities that may
operate on DoD installations with the express consent of the
installation commander or higher authority under applicable
regulations. Non-Federal entities may include elements of state,
interstate, Indian tribal, and local government, as well as private
organizations.
Sec. 213.4 Policy.
It is DoD policy that:
(a) DoD support for non-Federal entities shall be in accordance
with relevant statutes as well as DoD 5500.7-R \4\. In accordance with
DoD 5500.7-R and to avoid preferential treatment, DoD support should be
uniform, recognizing that non-Federal entity support of Service members
and their families can be important to their welfare.
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\4\ Copies may be obtained at http://www.dtic.mil/whs/directives/
.
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(b) Under DoD Directive 5124.8 procedures shall be established as
Instructions and agreements for the operation of non-Federal entities
on DoD installations and for the prohibition of official sanction,
endorsement, or support by the DoD Components and officials, except as
authorized by DoD 5500.7-R and applicable law. Instructions and
agreements must be compatible with the primary mission of the
Department and provide for Congressionally authorized support to non-
Federal entities on DoD installations.
(c) In accordance with DoD 5500.7-R, installation commanders or
higher authority may authorize, in writing, logistical support for
events, including fundraising events, sponsored by non-Federal entities
covered by this part.
(d) Installation commanders or higher authority may coordinate with
non-Federal entities in order to support appropriated or
nonappropriated fund activities on DoD installations, so long as the
support provided by the non-Federal entities does not compete with
appropriated or nonappropriated fund activities.
(e) Non-Federal entities are not entitled to sovereign immunity and
the
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privileges given to Federal entities and instrumentalities.
Sec. 213.5 Responsibilities.
(a) The Principal Deputy Under Secretary of Defense for Personnel
and Readiness (PDUSD(P&R)), under the Under Secretary of Defense for
Personnel and Readiness, shall:
(1) Be responsible for implementing all policy matters and Office
of the Secretary of Defense oversight of non-Federal entities on DoD
installations.
(2) Develop procedures and execute any necessary agreements to
implement policy for the operation of non-Federal entities on DoD
installations.
(3) Assign responsibilities to the DoD Components to accomplish
specific oversight and administrative responsibilities with respect to
non-Federal entities operating on DoD installations.
(4) Oversee the activities of the designated DoD EA, assessing the
need for continuation, currency, effectiveness, and efficiency of the
DoD EA according to 10 U.S.C. 2554 and 2606. Make recommendations for
establishment of additional DoD EA assignments and arrangements as
necessary.
(b) The Secretary of the Army, as the designated DoD EA, and
according to 10 U.S.C. 2554 and 2606, shall:
(1) Perform the audit of the annual ARC accounts and prepare and
submit the annual report according to 36 U.S.C. 300110 and this part.
(2) Coordinate support to the BSA and GSUSA according to DoD
Instruction 1015.9 \5\ and this part.
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\5\ Copies may be obtained at http://www.dtic.mil/whs/directives/
.
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(3) Provide necessary deployment support to ARC according to an
approved DoD and ARC MOU. Initially, the Army will cover costs, except
those paid by the ARC. The Army will then be reimbursed, upon its
request, by the entity directly benefiting from the ARC support.
(4) Designate a point of contact to coordinate matters regarding
the DoD EA responsibilities, functions, and authorities.
(c) The Secretary of the Air Force, as the designated DoD EA with
responsibility for conducting the AFE program, shall administer the AFE
program according to 10 U.S.C. 2554 and 2606, DoD Instruction 1330.13
\6\, and this part to include the following:
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\6\ Copies may be obtained at http://www.dtic.mil/whs/directives/
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(1) Annually determine with the other DoD Components and the
PDUSD(P&R) the scope of the program.
(2) Budget, fund, and maintain accountability for approved
appropriated fund expenses. Develop and implement supplemental guidance
to identify allowable expenses and reimbursements.
(3) Provide centralized services for selecting, declining,
scheduling, and processing entertainment groups for overseas.
(4) Designate a point of contact to coordinate matters regarding
the DoD EA responsibilities, functions, and authorities.
Dated: September 26, 2007.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, DoD.
[FR Doc. E7-19449 Filed 10-1-07; 8:45 am]
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