[Title 32 CFR 552.18]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[Title 32 - NATIONAL DEFENSE]
[Chapter V - DEPARTMENT OF THE ARMY]
[Subchapter D - MILITARY RESERVATIONS AND NATIONAL CEMETERIES]
[Part 552 - REGULATIONS AFFECTING MILITARY RESERVATIONS]
[Subpart B - Post Commander]
[Sec. 552.18 - Administration.]
[From the U.S. Government Printing Office]
32NATIONAL DEFENSE32002-07-012002-07-01falseAdministration.552.18Sec. 552.18NATIONAL DEFENSEDEPARTMENT OF THE ARMYMILITARY RESERVATIONS AND NATIONAL CEMETERIESREGULATIONS AFFECTING MILITARY RESERVATIONSPost Commander
Sec. 552.18 Administration.
(a) Purpose. This section outlines the duties and prescribes the
general authority and general responsibilities of an installation
commander.
(b) Applicability. The regulations in this section are applicable to
installations in the United States, and where appropriate, to oversea
installations. Oversea commanders should consult with the appropriate
judge advocate to determine to what extent the provisions of treaties or
agreements, or the provisions of local law may make inapplicable, in
whole, or in part, the provisions of these regulations.
(c) General. The installation commander is responsible for the
efficient and economical operation, administration, service, and supply
of all individuals, units, and activities assigned to or under the
jurisdiction of the installation unless specifically exempted by higher
authority. Activities will be designated as ``attached activities'' only
when specifically designated by higher authority. The installation
commander will furnish base operation support to all Army tenant
activities except when the Department of the Army has given approval for
the tenant to perform base operation functions. Reimbursement for such
support will be in accordance with applicable regulations.
(d) Motor vehicle and traffic regulations. See AR 190-5, Motor
Vehicle Traffic Supervision; AR 190-5-1, Registration of Privately Owned
Motor Vehicles; AR 190-29, Minor Offenses and Uniform Violation Notices-
-Referred to US District Courts; AR 210-4, Carpooling and Parking
Controls; AR 230-14, Registration and Licensing of Nonappropriated Fund
Owned Vehicles; AR 385-55, Prevention of Motor Vehicle Accidents; and AR
600-55, Motor Vehicle Driver-Selection, Testing, and Licensing. A copy
of the above documents may be obtained by writing to Headquarters,
Department of the Army (DAAG-PAP-W), Washington, DC 20314.
(e) Firearms. The installation commander will publish regulations on
the registration of privately owned firearms. See AR 608-4, Control and
Registration of War Trophies and War Trophy Firearms. A copy of the
above document may be obtained by writing to Headquarters, Department of
the Army (DAAG-PAP-W), Washington, DC 20314.
(f) Entry, exit, and personal search. The installation commander
will establish rules that govern the entry into and exit from the
installation and the search of persons and their possessions as listed
in paragraphs (f) (1), (2), and (3) of this section.
(1) The installation commander may direct authorized guard
personnel, while in the performance of assigned duty, to search persons
(including military personnel, employees, and visitors), and their
possessions (including vehicles) when entering, during their stay, or
when leaving facilities for which the Army has responsibility. These
searches are authorized when based on probable cause that an offense has
been committed or on military necessity. Instructions of commanders
regarding searches should be specific and complete. When the person to
be searched is a commissioned officer, or a warrant officer, the search
should be conducted in private by or under the supervision of a
commissioned officer, unless such is precluded by the exigencies of the
situation. When the person to be searched is a noncommissioned officer,
the search should be conducted in private by or under the supervision of
a person of at least equal grade, unless such is precluded by the
exigencies of the situation. If the situation precludes search by or
under the supervision of an officer (or noncommissioned officer, as
appropriate), the person conducting the search will notify a responsible
commissioned officer (or noncommissioned officer, as appropriate), as
soon as possible. Persons who are entering the installation should not
be searched over their objection, but they may be denied the right of
entry if they refuse to consent to the search. All persons entering
facilities should be advised in advance
[[Page 290]]
(by a prominently displayed sign, AR 420-70, (Buildings and
Structures)), that they are liable to search when entering the
installation, while within the confines of the installation, or when
leaving (AR 190-22, Search, Seizure and Disposition of Property). A copy
of the above documents may be obtained by writing to headquarters,
Department of the Army (DAAG-PAP-W), Washington, DC 20314.
(2) The installation commander may authorize and control hunting and
fishing on a military installation under installation rules in
accordance with applicable Federal, State, and local laws and Army
regulations, and in harmony with cooperative plans with appropriate
State and Federal conservation agencies (AR 420-74, Natural Resources--
Land, Forest, and Wildlife Management). To detect violations of these
rules, special guards may be posted and authorized to search persons (or
possessions, including vehicles of individuals), based on military
necessity. The installation commander may eject violators of game laws
or post regulations and prohibit their reentry under 18 U.S.C. 1382.
Violations of State laws which apply to military reservations according
to the provisions of section 13, title 18, U.S.C. (Assimilative Crimes
Acts), may be referred to the United States Magistrate in accordance
with AR 190-29, Minor Offenses and Uniform Violation Notices--Referred
to United States District Courts. Reports of violations of game laws
will be reported to Federal or State authorities. An installation
commander may not require membership in a voluntary sundry fund activity
as a prerequisite to hunting and fishing on the installation. Accounting
for the collection and spending of fees for hunting and fishing permits
is outlined in chapter 12, AR 37-108, General Accounting and Reporting
for Finance and Accounting Offices. A copy of the above documents may be
obtained by writing to Headquarters, Department of the Army (DAAG-PAP-
W), Washington, DC 20314.
(3) When the installation commander considers that the circumstances
warrant its use, DA Form 1818 (Individual Property Pass), will be used
to authorize military and civilian personnel to carry Government or
personal property onto an installation or to remove it from an
installation.
(4) Commanders will establish procedures to ensure than when blind
persons are otherwise authorized to enter military facilities, their
accompanying seeing-eye or guide dogs will not be denied entry. Such
facilities include, but are not limited to: Cafeterias, snack bars,
AAFES exchanges, retail food sales stores, medical treatment facilities,
and recreational facilities. Seeing-eye or guide dogs will remain in
guiding harness or on leash and under control of their blind masters at
all times while in the facility. For purposes of safety and to prevent
possible agitation of military police working dogs, seeing-eye or guide
dogs will not be allowed in or around working dog kennels and
facilities.
(g) Official Personnel Register. DA Form 647 (Personnel Register),
is a source document that will be used at the lowest level of command
having responsibility for strength accounting. The official register
will be used for registering military personnel on arrival at or on
departure from Army installations on permanent change of station, leave,
or temporary duty. DA Form 647 may also be used for recording passes,
visitors, etc. Registration of visists of less than 12 hours will be at
the discretion of the commander except that registrations will be
required when visits are at a place where United States troops are on
duty in connection with a civil disorder.
(h) Outside employment of DA Personnel. See paragraph 2-6, AR 600-50
Standards of Conduct for Department of the Army Personnel. A copy of
this document may be obtained by writing to Headquarters, Department of
the Army (DAAG-PAP-W), Washington, DC 20314.
(i) Preference to blind persons in operating vending stands. As used
in paragraphs (i) (1), (2), and (3) of this section, the term ``vending
stand'' includes shelters, counters, shelving, display and wall cases,
refrigerating apparatus, and other appropriate auxiliary equipment
necessary for the vending of merchandise. The term ``vending machine''
means any coin-operated machine that automatically vends or delivers
tangible personal property.
[[Page 291]]
(1) The installation commander will give preference to blind persons
when granting permission to civilians to operate vending stands on
installations where stands may be operated properly and satisfactorily
by blind persons licensed by a State agency. Legal authority for such
action is contained in the Randolph-Sheppard Vending Stand Act (20
U.S.C. 2-107 et seq.). Commanders will cooperate with the appropriate
State licensing agency in selecting the type, location, or relocation of
vending stands to be operated by licensed blind persons, except that
preference may be denied or revoked if the commander determines that--
(i) Existing security measures relative to location of the vending
stand or to the clearance of the blind operator cannot be followed.
(ii) Vending stand standards relating to appearance, safety,
sanitation, and efficient operation cannot be met.
(iii) For any other reasons which would adversely affect the
interests of the United States or would unduly inconvenience the
Department of the Army. Issuance of such a permit will not be denied
because of loss of revenue caused by granting a rent-free permit for
operating a vending stand to a blind person. However, the permit will
not be granted if in the opinion of the responsible commander such
action would reduce revenue below the point necessary for maintaining an
adequate morale and recreation program. The commander should consider
the fact that funds derived from certain nonappropriated fund activities
such as post exchanges, motion picture theaters, and post restaurants
are used to supplement appropriated funds in conducting the morale and
recreation program.
(2) The preference established in paragraph (i)(1) of this section
will be protected from the unfair or unreasonable competition of vending
machines. No vending machine will be located within reasonable proximity
of a vending stand that is operated by a licensed blind person if the
vending machine vends articles of the same type sold at the stand,
unless local needs require the placement of such a machine. If such is
the case, the operation of, and income from the machine, will be assumed
by the blind vending stand operator.
(3) So far as is practicable, goods sold at vending stands that are
operated by the blind will consist of newspapers, periodicals,
confections, tobacco products, articles that are dispensed automatically
or are in containers or wrappings in which they were placed before they
were received by the vending stand, and other suitable articles that may
be approved by the installation commander for each vending stand
location.
(4) If the commanders and State licensing agencies fail to reach an
agreement on the granting of a permit for a vending stand, the
revocation or modification of a permit, the suitability of the stand
location, the assignment of vending machine proceeds, the methods of
operation of the stand, or other terms of the permit (including articles
which may be sold), the State licensing agency may appeal the
disagreement, through channels, to the Secretary of the Army. Appeals
will be filed by State licensing agencies with the installation
commander who will conduct a complete investigation and will give the
State licensing agency an opportunity to present information. The report
of investigation with the appeal will be forwarded through channels to
Headquarters, Department of the Army (DAPE-ZA), Washington, DC 20310, as
soon as possible. A final decision by the Secretary of the Army will be
rendered within 90 days of the filing of the appeal to the installation
commander. Notification of the decision on the appeal and the action
taken will be reported to the State licensing agency, the Department of
Health, Education, and Welfare, and the Department of Defense (Manpower,
Reserve Affairs, and Logistics).
(j) [Reserved]
(k) Request from private sector union representatives to enter
installations. (1) When labor representatives request permission to
enter military installations on which private contractor employees are
engaged in contract work to conduct union business during working hours
in connection with the contract between the government and the
contractor by whom union members
[[Page 292]]
are employed, the installation commander may admit these
representatives, provided--
(i) The presence and activities of the labor representatives will
not interfere with the progress of the contract work involved; and
(ii) The entry of the representatives to the installation will not
violate pertinent safety or security regulations.
(2) Labor representatives are not authorized to engage in organizing
activities, collective bargaining discussions, or other matters not
directly connected with the Government contract on military
installations. However, the installation commander may authorize labor
representatives to enter the installation to distribute organizational
literature and authorization cards to employees of private contractors,
provided such distribution does not--
(i) Occur in working areas or during working times;
(ii) Interfere with contract performance;
(iii) Interfere with the efficient operation of the installation; or
(iv) Violate pertinent safety or security considerations.
(3) The determination as to who is an appropriate labor
representative should be made by the installation commander after
consulting with his/her labor counselor or judge advocate. Nothing in
this regulation, however, will be construed to prohibit private
contractors' employees from distibuting organizational literature or
authorization cards on installation property if such activity does not
violate the conditions enumerated in paragraph (k)(2) of this section.
Business offices or desk space for labor organizations on the
installation is not authorized to be provided for solicitation of
membership among contractors' employees, collection of dues, or other
business of the labor organization not directly connected with the
contract work. The providing of office or desk space for a contractor is
authorized for routine functions by the working steward whose union
duties are incidental to his/her assigned job and connected directly
with the contract work.
(4) Only the installation commander or a contracting officer can
deny entry to a labor representative who seeks permission to enter the
installation in accordance with paragraph (k) of this section. If a
labor representative is denied entry for any reason, such denial will be
reported to the Labor Advisor, Office of the Assistant Secretary of the
Army (IL&FM), Washington, DC 20310. This report will include the reasons
for denial, including--
(5) The provisions of paragraphs (k), (1), (2), (3), and (4) of this
section on organizations representing private contractors' employees
should be distinguished from activities involving organization and
representation of Federal civilian employees. See CPR 711 for the
functions, duties and obligations of an installation commander regarding
Federal civilian employee unions.
(l) Publication of telephone directories. See chapter 5, AR 105-23.
A copy of this document may be obtained by writing to Headquarters,
Department of the Army (DAAG-PAP-W), Washington, DC 20314.
(m) Observance of labor laws on military installations. (1)
Installation and activity commanders will ensure that all his/her
employers on the installation or activity are apprised of their
obligation to comply with Federal, State, and local laws, including
those relating to the employment of child labor. When an employer who is
operating on the installation or activity is responsible to an authority
other than the installation or activity commander, the commander will
direct that the authority's representative apprise the employer of his/
her obligations regarding labor law. This applies to employers in all
activities, including nonappropriated fund activities established as
Federal instrumentalities according to AR 230-1, Nonappropriated Fund
System, concessionaires of such activities, and other private employers.
A copy of the above document may be obtained by writing to Headquarters,
Department of the Army (DAAG-PAP-W), Washington, DC 20314.
(2) Installation commander will cooperate fully with state or other
governmental officials who bring to their attention complaints that
children are employed on military installations or reservations under
conditions that are detrimental to their health, safety, education, and
well-being.
[[Page 293]]
(n) Hitchhiking. Hitchhiking is prohibited by the Army. This does
not preclude acceptance of offers of rides voluntarily made by
individuals or properly accredited organizations nor does it preclude
the use of properly authorized and established share-the-ride or similar
stations which may be sanctioned by local military authorities. For
personal safety, personnel should exercise caution at facilities, for
example, by accepting rides only from persons they know or by traveling
in groups. Similarly, drivers should use discretion when offering rides
to personnel at share-the-ride stations. Drivers are prohibited from
picking up hitchhikers.
(o) Employment of civilian food service personnel. See AR 30-1, The
Army Food Service Program. A copy of this document may be obtained by
writing to Headquarters, Department of the Army (DAAG-PAP-W),
Washington, DC 20314
[44 FR 7948, Feb. 8, 1979, as amended at 45 FR 73037, Nov. 4, 1980]