[Code of Federal Regulations] [Title 32, Volume 2] [Revised as of July 1, 2008] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR212.6] [Page 394-396] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE (CONTINUED) PART 212_PRIVATE ORGANIZATIONS ON DoD INSTALLATIONS--Table of Contents 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.'' [[Page 395]] (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. --------------------------------------------------------------------------- \2\ See footnote to Sec. 212.1(b). --------------------------------------------------------------------------- (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. [[Page 396]] (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\ --------------------------------------------------------------------------- \3\ See footnote to Sec. 212.1(b). --------------------------------------------------------------------------- (2) American National Red Cross (DoD Directive 1330.5).\4\ --------------------------------------------------------------------------- \4\ See footnote to Sec. 212.1(b). --------------------------------------------------------------------------- (3) United Service Organizations, Inc. (DoD Directive 1330.12).\5\ --------------------------------------------------------------------------- \5\ See footnote to Sec. 212.1(b). --------------------------------------------------------------------------- (4) United Seamen's Service (DoD Directive 1330.16).\6\ --------------------------------------------------------------------------- \6\ See footnote to Sec. 212.1(b). --------------------------------------------------------------------------- (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.