[Federal Register Volume 72, Number 74 (Wednesday, April 18, 2007)]
[Proposed Rules]
[Pages 19411-19413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7247]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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  Federal Register / Vol. 72, No. 74 / Wednesday, April 18, 2007 / 
Proposed Rules  

[[Page 19411]]


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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: Proposed 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. Designates the 
Secretary of 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: Comments must be received by June 18, 2007. Do not submit 
comments directly to the point of contact or mail your comments to any 
address other than what is shown below. Doing so will delay the posting 
of the submission.

ADDRESSES: You may submit comments, identified by docket number and or 
RIN number and title, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Federal Docket Management System Office, 1160 
Defense Pentagon, Washington, DC 20301-1160.
    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Information Number (RIN) for this 
Federal Register document. The general policy for comments and other 
submissions from members of the public is to make these submissions 
available for public viewing on the Internet at http://regulations.gov 
as they are received without change, including any personal identifiers 
or contact information.

FOR FURTHER INFORMATION CONTACT: Pam Crespi 703-602-5004.

SUPPLEMENTARY INFORMATION:

Executive Order 12866, ``Regulatory Planning and Review''

    This proposed 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;
    (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 proposed 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 proposed 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 proposed regulatory action does impose reporting or 
recordkeeping requirements under the Paperwork Reduction Act of 1995.

Executive Order 13132, ``Federalism''

    The proposed 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.

    Accordingly, 32 CFR part 213 is proposed to be 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.

This part:

    (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.\3\
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    \3\ A Federal district judge has ruled that support to BSA under 
section 2554 of Reference (g) is unconstitutional, and has enjoined 
the Department of Defense from providing future support under that 
statute. The Department of Defense is appealing that order. However, 
unless the order is overturned on appeal, the Department of Defense 
cannot provide any support to BSA using this statute. Contact your 
local legal office for further guidance.

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[[Page 19412]]

    (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 \4\ or the Civil Air Patrol according to 10 U.S.C. 
2554.
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    \4\ 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.\5\ 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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    \5\ 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 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. 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, 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 \6\ and this part.
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    \6\ 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, DoD Instruction 1330.13,\7\ and 
this part to include the following:
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    \7\ 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.


[[Page 19413]]


     Dated: April 11, 2007.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, DoD.
 [FR Doc. E7-7247 Filed 4-17-07; 8:45 am]
BILLING CODE 5001-06-P