Armed Forces Disciplinary Control Boards and Off-Installation Liaison and Operations, 41641-41648 [05-14213]
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Federal Register / Vol. 70, No. 138 / Wednesday, July 20, 2005 / Proposed Rules
employee in fiscal year 2007, and
$49.93 per hour per program employee
in fiscal year 2008.
§ 391.3
Overtime and holiday rate.
The overtime and holiday rate for
inspection services provided pursuant
to §§ 307.5, 350.7, 351.8, 351.9, 352.5,
354.101, 355.12, 362.5 and 381.38 is
$55.19 per hour per program employee
in fiscal year 2005, $56.40 per hour per
program employee in fiscal year 2006,
$57.65 per hour per program employee
in fiscal year 2007, and $58.93 per hour
per program employee in fiscal year
2008.
§ 391.4
Laboratory services rate.
The rate for laboratory services
provided pursuant to §§ 350.7, 351.9,
352.5, 354.101, 355.12, and 362.5 is
$66.42 per hour per program employee
in fiscal year 2005, $67.83 per hour per
program employee in fiscal year 2006,
$69.31 per hour per program employee
in fiscal year 2007, and $70.82 per hour
per program employee in fiscal year
2008. 3. In § 391.5, paragraph (a) is
revised to read as follows:
§ 391.5
Laboratory accreditation fee.
(a) The annual fee for the initial
accreditation and maintenance of
accreditation provided pursuant to
§§ 318.21 and 381.153 shall be
$4,000.00 for fiscal year 2005; $5,200.00
for fiscal year 2006; $5,400.00 for fiscal
year 2007; and $5,600.00 for fiscal year
2008.
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PART 590—INSPECTION OF EGGS
AND EGG PRODUCTS (EGG
PRODUCTS INSPECTION ACT)
Authority: 21 U.S.C. 1031–1056.
5. Section 590.126 is revised to read
as follows:
Overtime inspection service.
When operations in an official plant
require the services of inspection
personnel beyond their regularly
assigned tour of duty on any day or on
a day outside the established schedule,
such services are considered as overtime
work. The official plant must give
reasonable advance notice to the
inspector of any overtime service
necessary and must pay the Agency for
such overtime at an hourly rate of
$55.19 per hour per program employee
in fiscal year 2005, $56.40 per hour per
program employee in fiscal year 2006,
$57.65 per hour per program employee
in fiscal year 2007, and $58.93 per hour
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§ 590.128
Holiday inspection service.
official plant must, in advance of such
holiday work, request the inspector in
charge to furnish inspection service
during such period and must pay the
Agency for such holiday work at an
hourly rate of $55.07 per hour per
program employee in fiscal year 2005,
$56.75 per hour per program employee
in fiscal year 2006, $58.54 per hour per
program employee in fiscal year 2007,
and $60.43 per hour per program
employee in fiscal year 2008.
(a) When an official plant requires
inspection service on a holiday or a day
designated in lieu of a holiday, such
service is considered holiday work. The
official plant must, in advance of such
holiday work, request the inspector in
charge to furnish inspection service
during such period and must pay the
Agency for such holiday work at an
hourly rate of $55.19 per hour per
program employee in fiscal year 2005,
$56.40 per hour per program employee
in fiscal year 2006, $57.65 per hour per
program employee in fiscal year 2007,
and $58.93 per hour per program
employee in fiscal year 2008.
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Done in Washington, DC, on: July 15, 2005.
Barbara J. Masters,
Acting Administrator.
[FR Doc. 05–14296 Filed 7–19–05; 8:45 am]
PART 592—VOLUNTARY INSPECTION
OF EGG PRODUCTS
32 CFR Part 631
7. The authority citation for part 592
continues to read as follows:
RIN 0702–AA50
Authority: 7 U.S.C. 1621–1627.
8. Sections 592.510, 592.520 and
592.530 are revised to read as follows:
§ 592.510
Overtime rate.
When operations in an official plant
require the services of inspection
personnel beyond their regularly
assigned tour of duty on any day or on
a day outside the established schedule,
such services are considered as overtime
work. The official plant must give
reasonable advance notice to the
inspection program personnel of any
overtime service necessary and must
pay the Agency for such overtime at an
hourly rate of $55.07 per hour per
program employee in fiscal year 2005,
$56.75 per hour per program employee
in fiscal year 2006, $58.54 per hour per
program employee in fiscal year 2007,
and $60.43 per hour per program
employee in fiscal year 2008.
§ 592.530
Holiday rate.
When an official plant requires
inspection service on a holiday or a day
designated in lieu of a holiday, such
service is considered holiday work. The
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BILLING CODE 3410–DM–P
DEPARTMENT OF DEFENSE
Department of the Army
Armed Forces Disciplinary Control
Boards and Off-Installation Liaison and
Operations
Department of the Army, DoD.
ACTION: Proposed rule; Request for
comments.
AGENCY:
Base time rate.
The base time rate for voluntary
inspection services for egg products is
$46.78 per hour per program employee
in fiscal year 2005, $47.79 per hour per
program employee in fiscal year 2006,
$48.84 per hour per program employee
in fiscal year 2007, and $49.93 per hour
per program employee in fiscal year
2008.
§ 592.520
4. The authority citation for part 590
continues to read as follows:
§ 590.126
per program employee in fiscal year
2008.
6. In § 590.128, paragraph (a) is
revised to read as follows:
41641
SUMMARY: The Department of the Army
proposes to revise its part concerning
armed forces disciplinary control boards
and off-installation liaison and
operations. The part prescribes uniform
policies and procedures for the
establishment, and operation of Armed
Forces Disciplinary Control Boards, and
off-installation liaison and operations.
DATES: Comments submitted to the
address below on or before September
19, 2005 will be considered.
ADDRESSES: You may submit comments,
identified by ‘‘32 CFR 631 and RIN
0702–AA50 in the subject line, by any
of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-Mail: james.crumley@hqdaaoc.army.pentagon.mil. Include 32 CFR
631 and RIN 0702–AA50 in the subject
line of the message.
• Mail: Headquarters, Department of
the Army, Office of the Provost Marshal
General, ATTN: DAPM–MPD–LE, 2800
Army Pentagon, Washington, DC
20310–2800.
FOR FURTHER INFORMATION CONTACT:
James Crumley (703) 692–6721.
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 70, No. 138 / Wednesday, July 20, 2005 / Proposed Rules
A. Background
This rule has previously been
published. The Administrative
Procedure Act, as amended by the
Freedom of Information Act requires
that certain policies and procedures and
other information concerning the
Department of the Army be published in
the Federal Register. The policies and
procedures covered by this part fall into
that category.
B. Regulatory Flexibility Act
The Department of the Army has
determined that the Regulatory
Flexibility Act does not apply because
the proposed rule does not have a
significant economic impact on a
substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601–612.
C. Unfunded Mandates Reform Act
The Department of the Army has
determined that the Unfunded
Mandates Reform Act does not apply
because the proposed rule does not
include a mandate that may result in
estimated costs to State, local or tribal
governments in the aggregate, or the
private sector, of $100 million or more.
D. National Environmental Policy Act
The Department of the Army has
determined that the National
Environmental Policy Act does not
apply because the proposed rule does
not have an adverse impact on the
environment.
E. Paperwork Reduction Act
The Department of the Army has
determined that the Paperwork
Reduction Act does not apply because
the proposed rule does not involve
collection of information from the
public.
F. Executive Order 12630 (Government
Actions and Interference With
Constitutionally Protected Property
Rights)
The Department of the Army has
determined that Executive Order 12630
does not apply because the proposed
rule does not impair private property
rights.
G. Executive Order 12866 (Regulatory
Planning and Review)
The Department of the Army has
determined that according to the criteria
defined in Executive Order 12866 this
proposed rule is not a significant
regulatory action. As such, the proposed
rule is not subject to Office of
Management and Budget review under
section 6(a)(3) of the Executive Order.
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H. Executive Order 13045 (Protection of
Children From Environmental Health
Risk and Safety Risks)
The Department of the Army has
determined that according to the criteria
defined in Executive Order 13045 this
proposed rule not apply.
I. Executive Order 13132 (Federalism)
The Department of the Army has
determined that according to the criteria
defined in Executive Order 13132 this
proposed rule does not apply because it
will not have a substantial effect on the
States, on the relationship between the
National Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government.
Jeffery B. Porter,
Chief, Law Enforcement Policy and Oversight
Section.
List of Subjects in 32 CFR Part 631
Alcohol, Business, Discrimination,
Health, Investigations, Law
enforcement, Military Personnel,
Privacy, Safety, Uniform Code of
Military Justice.
For reasons stated in the preamble the
Department of the Army proposes to
revise part 631 to Subchapter I of Title
32 to read as follows:
PART 631—ARMED FORCES
DISCIPLINARY CONTROL BOARDS
AND OFF-INSTALLATION LIAISON
AND OPERATIONS
Subpart A—General
Sec.
631.1 Purpose.
631.2 Applicability.
631.3 Supervision.
631.4 Exceptions.
Subpart B—Armed Forces Disciplinary
Control Boards
631.5 General.
631.6 Responsibilities.
631.7 Composition of boards.
631.8 Participation by civil agencies.
631.9 Duties and functions of boards.
631.10 Administration.
631.11 Off-limits establishments and areas.
Subpart C—Off-Installation Operations
(Military Patrols and Investigative Activities)
and Policy
631.12 Objectives.
631.13 Applicability.
631.14 Policy (for Army only).
631.15 Policy (for Air Force only).
631.16 Policy (for Navy only).
631.17 Policy (for Marine Corps only).
631.18 Operations.
Appendix A to Part 631—Armed Forces
Disciplinary Control Board Procedures
Guide
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Authority: 10 U.S.C. 3012(b)(1)(g).
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Subpart A—General
§ 631.1
Purpose.
This part prescribes uniform policies
and procedures for the establishment,
and operation of the following:
(a) Armed Forces Disciplinary Control
Boards (AFDCB).
(b) Off-installation liaison and
operations.
§ 631.2
Applicability.
This part applies to the following:
(a) Active U.S. Armed Forces
personnel of the Army, Air Force, Navy,
and Marine Corps, and the Coast Guard
wherever they are stationed.
(b) U.S. Armed Forces Reserve
personnel only when they are
performing Federal duties or engaging
in activities directly related to
performing a Federal duty or function.
(c) National Guard personnel only
when called or ordered to active duty in
a Federal status within the meaning of
Title 10, United States Code.
§ 631.3
Supervision.
The following will develop and have
staff supervision over AFDCB and offinstallation enforcement policies. (1)
The Office of the Provost Marshal
General (OPMG), Headquarters,
Department of the Army (HQDA). This
official serves as the proponent for this
part, and has primary responsibility for
its content.
(2) U.S. Air Force Director of Security
Forces and Force Protection,
Department of the Air Force.
(3) Director, Naval Criminal
Investigative Service.
(4) Commandant of the Marine Corps.
(5) Commandant of the Coast Guard.
(6) Installation commanders are
authorized to convene joint service
boards within their AR 5–9 area of
responsibility.
§ 631.4
Exceptions.
Requests for exceptions to policies
contained in this part will be forwarded
to HQDA (DAPM–MPD–LE),
Washington, DC 20310–2800.
Subpart B—Armed Forces Disciplinary
Control Boards
§ 631.5
General.
AFDCBs may be established by
installation, base, or station
commanders to advise and make
recommendations to commanders on
matters concerning eliminating
conditions, which adversely affect the
health, safety, welfare, morale, and
discipline of the Armed Forces.
(a) For the Army, routine off-limits
actions must be processed by an AFDCB
following the procedures in § 631–11.
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(b) Coast Guard commanders must
have written authorization from the
Commandant (G’WP) prior to
establishing an AFDCB.
§ 631.6
Responsibilities.
(a) Regional Directors of the Army
Installation Management Agency, Air
Force commanders, Navy regional
commanders, Marine Corps
commanders, and Coast Guard
commanders will—(1) Determine level
and degree of participation by
subordinate commanders in joint
Service boards, when appropriate.
(2) Resolve differences among
subordinate commanders regarding
board areas of responsibility, and the
designation of sponsoring commanders.
(3) Evaluate board recommendations,
and actions from subordinate
sponsoring commanders.
(4) Forward recommendations to
HQDA, OPMG (DAPM–MPD–LE),
WASH DC 20310–2800, regarding
circumstances that require Service
headquarters action or programs having
widespread applicability.
(5) Ensure that subordinate
commanders assess the availability of
drug abuse paraphernalia in the vicinity
of Department of Defense (DOD)
installations through their AFDCBs,
according to DOD Directive 1010.4.
Coast Guard commanders should refer
to COMDTINST M1000.6 series, chapter
20, for guidance on Coast Guard
substance abuse policies.
(b) Military installation commanders
for off-installation enforcement actions
will—(1) Conduct off-installation
operations as authorized by law and
Service policy.
(2) Coordinate off-installation
operations with other Service
commanders, as applicable, for
uniformity of effort, and economy of
resources.
(3) Assist Federal, State, and local law
enforcement agencies within the limits
imposed by law and DOD policy.
(c) Sponsoring commanders will
provide administrative support for
AFDCB programs to include the
following—(1) Promulgating
implementing directives, and convening
the board.
(2) Providing a recorder for the board.
(3) Providing copies of the minutes of
board meetings to other Service
commanders who are represented on the
board, and to other AFDCBs as
appropriate.
(4) Approving or disapproving the
minutes, and recommendations of the
board, and making appropriate
distribution, as required.
(5) Publishing lists of ‘‘off-limits’’
establishments and areas.
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(6) Ensuring that responsible
individuals are notified of any
unfavorable actions being contemplated
or taken regarding their establishments
per Annex A.
(7) Distributing pertinent information
to the following—
(i) All units within their jurisdictional
area.
(ii) Units stationed in other areas
whose personnel frequent their area of
jurisdiction.
(8) Ensuring that procedures are
established to inform all Service
personnel, including those who may be
visiting or are in a travel status, of offlimits restrictions in effect within the
respective AFDCB’s jurisdictional area.
§ 631.7
Composition of boards.
(a) Boards should be structured
according to the needs of the command,
with consideration given to including
representatives from the following
functional areas—
(1) Law enforcement.
(2) Legal counsel.
(3) Health.
(4) Environmental protection.
(5) Public affairs.
(6) Equal opportunity.
(7) Fire and safety.
(8) Chaplains’ service.
(9) Alcohol and drug abuse.
(10) Personnel and community
activities.
(11) Consumer affairs.
(b) Sponsoring commanders will
designate a board president, and
determine by position which board
members will be voting members. Such
designations will be included in a
written agreement establishing the
board.
§ 631.8
Participation by civil agencies.
(a) Civil agencies or individuals may
be invited to board meetings as
observers, witnesses or to provide
assistance where they possess
knowledge or information pertaining to
problem areas within the board’s
jurisdiction.
(b) Announcements and summaries of
board results may be provided to
appropriate civil agencies.
§ 631.9
Duties and functions of boards.
The AFDCBs will—
(a) Meet as prescribed by appendix A
of this part.
(b) Receive reports, and take
appropriate action on conditions in
their area of responsibility relating to
any of the following—
(1) Disorders and lack of discipline.
(2) Prostitution.
(3) Sexually transmitted disease.
(4) Liquor violations.
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(5) Racial and other discriminatory
practices.
(6) Alcohol and drug abuse.
(7) Drug abuse paraphernalia.
(8) Criminal or illegal activities
involving cults or hate groups.
(9) Illicit gambling.
(10) Areas susceptible to terrorist
activity.
(11) Unfair commercial or consumer
practices.
(12) Other undesirable conditions
deemed unsafe which may adversely
affect the health and well being of
military personnel or their families.
(c) Report to all major commanders in
the board’s area of responsibility—
(1) Conditions cited in paragraph (b)
of this section.
(2) Recommended action as approved
by the board’s sponsoring commander.
(d) Coordinate with appropriate civil
authorities on problems or adverse
conditions existing in the board’s area of
jurisdiction.
(e) Make recommendations to
commanders in the board’s area of
jurisdiction concerning off-installation
procedures to prevent or control
undesirable conditions.
§ 631.10
Administration.
(a) Commanders are authorized to
acquire, report, process, and store
information concerning persons and
organizations, whether or not affiliated
with DOD, according to the applicable
Service parts of the sponsoring
commander, which—
(1) Adversely affect the health, safety,
morale, welfare, or discipline of service
members regardless of status.
(2) Describes crime conducive
conditions where there is a direct
Service interest.
(b) Boards will function under the
supervision of a president (§ 631.7(b)).
(c) Certain expenses incurred by
Service members in the course of an
official board investigation or inspection
may be reimbursable per appropriate
Service finance parts or instructions.
Requests for reimbursement will be
submitted through the sponsoring
commander.
(d) Records of board proceedings will
be maintained as prescribed by records
management policies, and procedures of
the sponsoring commander’s Service.
§ 631.11
areas.
Off-limits establishments and
(a) The establishment of off-limits
areas is a function of Command. It may
be used by commanders to help
maintain good order and discipline,
health, morale, safety, and welfare of
service members. Off-limits action is
also intended to prevent service
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members from being exposed to or
victimized by crime-conducive
conditions. Where sufficient cause
exists, commanders retain substantial
discretion to declare establishments or
areas temporarily off-limits to personnel
of their respective commands in
emergency situations. Temporary offlimits restrictions issued by
commanders in an emergency situation
will be acted upon by the AFDCB as a
first priority. As a matter of policy, a
change in ownership, management, or
name of any off-limits establishment
does not, in and of itself, revoke the offlimits restriction.
(b) Service members are prohibited
from entering establishments or areas
declared off-limits according to this
part. Violations may subject the member
to disciplinary action per applicable
Service parts, and the Uniform Code of
Military Justice (UCMJ). Family
members of service members and others
associated with the Service or
installation should be made aware of
off-limits restrictions. As a general
policy, these establishments will not be
visited by Service law enforcement
personnel unless specifically
determined by the installation
commander that visits or surveillance
are warranted.
(c) Prior to initiating AFDCB action,
installation commanders will attempt to
correct adverse conditions or situations
through the assistance of civic leaders or
officials.
(d) Prior to recommending an offlimits restriction, the AFDCB will send
a written notice (certified mail-return
receipt requested) to the individual or
firm responsible for the alleged
condition or situation. The AFDCB will
specify in the notice a reasonable time
for the condition or situation to be
corrected, along with the opportunity to
present any relevant information to the
board. If subsequent investigation
reveals that the responsible person has
failed to take corrective action, the
board will recommend the imposition of
the off-limits restriction.
(e) A specified time limit will not be
established when an off-limits
restriction is invoked. The adequacy of
the corrective action taken by the
responsible individual will be the
determining factor in removing an offlimits restriction.
(f) A person whose establishment or
area has been declared off-limits may at
any time petition the president of the
board to remove the off-limits
restriction. The petition will be in
writing and will include a detailed
report of action taken to eliminate the
condition or situation that caused
imposition of the restriction. The
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president of the AFDCB may direct an
investigation to determine the status of
corrective actions noted in the petition.
The board will either recommend
removal or continuation of the off-limits
restriction to the local sponsoring
commander based on the results of the
investigation.
(g) Off-limits procedures to be
followed by the boards are in Appendix
A of this part. In the United States, offlimits signs will not be posted on
civilian establishments by U.S. military
authorities.
(h) In areas Outside of the Continental
United States (OCONUS), off-limits and
other AFDCB procedures must be
consistent with existing Status of Forces
Agreements (SOFAs).
Subpart C—Off-Installation Operations
(Military Patrols and Investigative
Activities) and Policy
§ 631.12
Objectives.
The primary objectives of offinstallation operations are to—
(a) Render assistance and provide
information to Service members.
(b) Preserve the safety, and security of
service members.
(c) Preserve good order and discipline
among Service members and reduce offinstallation incidents and offenses.
(d) Maintain effective cooperation
with civil authorities, and community
leaders.
§ 631.13
Applicability.
This section is not applicable to the
U.S. Coast Guard.
§ 631.14
Army Policy.
(a) Soldiers, military and/or
Department of the Army Civilian (DAC)
police performing off-installation
operations must be thoroughly familiar
with applicable agreements, constraints
of the Posse Comitatus Act (18 U.S.C.
1385) in the Continental United States
(CONUS) and United States-host nation
agreements in areas OCONUS.
(b) Military and/or DAC police
assigned to off-installation operations
have the sole purpose of enforcing parts,
and orders pertaining to persons subject
to their jurisdiction.
(c) Military and/or DAC police
accompanying civilian law enforcement
officers remain directly responsible to,
and under the command of, U.S. Army
superiors. Military and DAC police may
come to the aid of civilian law
enforcement officers to prevent the
commission of a felony or injury to a
civilian law enforcement officer.
(d) Regional Directors of the Army
Installation Management Agency (IMA),
Commander, Army Materiel Command
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(AMC), and Commander, Army Test and
Evaluation Command (ATEC) may
authorize subordinate commanders to
establish off-installation operations
within the limits imposed by higher
authority, the Posse Comitatus Act (18
U.S.C. 1385) in CONUS, and United
States-host nation agreements in
OCONUS areas—
(1) To assist Federal, State, and local
law enforcement agencies.
(2) In conjunction with military
activities.
(3) To safeguard the health and
welfare of Soldiers.
(4) When the type of offenses or the
number of Soldiers frequenting an area
is large enough to warrant such
operations.
(e) The constraints on the authority of
Soldiers and/or DAC police to act offInstallation, (Posse Comitatus Act (18
U.S.C. 1385) in CONUS and United
States-host nation agreements in
OCONUS areas) and the specific scope
of off-installation operations will be
clearly delineated in all authorizations
for off-installation operations. Offinstallation operations will be
coordinated with the local installation
commander through the Staff Judge
Advocate (SJA), or higher authority, and
appropriate civilian law enforcement
agencies.
§ 631.15
Air Force Policy.
(a) Airmen, military and/or
Department of the Air Force Civilian
(DAFC) police performing offinstallation operations must be
thoroughly familiar with applicable
agreements, constraints of the Posse
Comitatus Act (18 U.S.C. 1385) in
CONUS and United States-host nation
agreements in areas OCONUS.
(b) Military and/or DAFC police
assigned to off-installation operations
have the sole purpose of enforcing parts,
and orders pertaining to persons subject
to their jurisdiction.
(c) Military and/or DAFC police
accompanying civilian law enforcement
officers remain directly responsible to,
and under the command of, U.S. Air
Force superiors. Military and DAFC
police may come to the aid of civilian
law enforcement officers to prevent the
commission of a felony or injury to a
civilian law enforcement officer.
(d) Air Force commanders may
authorize subordinate commanders to
establish off-installation operations
within the limits imposed by higher
authority, the Posse Comitatus Act (18
U.S.C. 1385) in CONUS, and United
States-host nation agreements in
OCONUS areas—(1) To assist Federal,
State, and local law enforcement
agencies.
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(2) In conjunction with military
activities.
(3) To safeguard the health and
welfare of Airmen.
(4) When the type of offenses or the
number of Airmen frequenting an area
is large enough to warrant such
operations.
(e) The constraints on the authority of
Airmen and/or DAFC police to act offinstallation, (Posse Comitatus Act (18
U.S.C. 1385) in CONUS and United
States-host nation agreements in
OCONUS areas) and the specific scope
of off-installation operations will be
clearly delineated in all authorizations
for off-installation operations. Offinstallation operations will be
coordinated with the local installation
commander through the Staff Judge
Advocate (SJA), or higher authority, and
appropriate civilian law enforcement
agencies.
§ 631.16
Navy Policy.
The following policies apply to offinstallation operations—
(a) Article 1630–020, MILPERSMAN
revised August 2002, and Navy Parts,
Article 0922 concerning the
establishment and operation of a shore
patrol.
(b) In accordance with SECNAV
1620.7A, Navy Absentee Collection
Units collect, and process apprehended
absentees and deserters, escort
apprehended absentees, and deserters to
their parent commands or to designated
processing activities, escort prisoners
between confinement facilities, and
provide liaison with civilian law
enforcement authorities.
(c) Navy personnel will be thoroughly
familiar with all applicable agreements
and Implementing standard operating
procedures, to include the constraints of
the Posse Comitatus Act (18 U.S.C.
1385), in CONUS and United States-host
nation agreements in OCONUS areas, as
applicable.
(d) Within CONUS. (1) Installation
Commanders may request authority
from their Regional Commander, to
establish off-installation operations—
(i) To assist Federal, State, and local
law enforcement agencies within the
limits imposed by higher authority and
the Posse Comitatus Act (18 U.S.C.
1385).
(ii) In conjunction with military
operations.
(iii) To safeguard the health, and
welfare of Naval personnel.
(iv) When the type of offenses or the
number of service members frequenting
an area is large enough to warrant such
operation.
(2) Constraints on the authority of
military personnel to act off-installation
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(Posse Comitatus Act (18 U.S.C. 1385)
and the specific scope of the authority
will be clearly delineated in all
authorizations for off-installation
operations.
(e) Within OCONUS, off-installation
operations will be kept at the minimum
needed for mission accomplishment.
Installation commanders may authorize
off-installation operations as required by
local conditions and customs, as long as
they are conducted in accordance with
applicable treaties and SOFAs.
(f) Off-installation operations will be
coordinated with the local installation
commander through the JAG or higher
authority, and local law enforcement
authorities.
(g) Security personnel selected for offinstallation operations must—
(1) Have mature judgment and law
enforcement experience.
(2) Be thoroughly familiar with all
applicable agreements and
implementing standard operating
procedures, to include the constraints of
the Posse Comitatus Act (18 U.S.C.
1385), in CONUS and United States
Host Nation agreements in OCONUS
area, as applicable.
(h) Security personnel accompanying
civilian police during off-installation
operations do so only to enforce parts
and orders pertaining to persons subject
to their jurisdiction. Security personnel
assigned off-installation operations
remain directly responsible to, and
under the command of their Navy
superiors when accompanying civilian
police. Security personnel performing
such duties may come to the aid of
civilian police in order to prevent the
commission of a felony or injury to a
civilian police officer.
(i) Civilian police and court liaison
may be established with concurrence of
the Naval Criminal Investigative Service
and is encouraged particularly when the
intent is to reduce mishaps.
§ 631.17
Marine Corps Policy.
(a) Within CONUS. (1) Commanders
may request authority from
Headquarters, Marine Corps (Code
POS), to establish off-installation
operations—
(i) To assist Federal, State, and local
law enforcement agencies within the
limits imposed by higher authority and
the Posse Comitatus Act (18 U.S.C.
1385).
(ii) In conjunction with military
operations.
(iii) To safeguard the health, and
welfare of Marines.
(iv) When the type of offenses or the
number of service members frequenting
an area is large enough to warrant such
operations.
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41645
(2) Constraints on the authority of
military personnel to act off-installation
(Posse Comitatus Act (18 U.S.C. 1385))
and the specific scope of the authority
will be clearly delineated in all
authorizations for off-installation
operations.
(b) Within OCONUS, off-installation
operations will be kept at the minimum
needed for mission accomplishment.
Installation commanders may authorize
off-installation operations as required by
local conditions and customs, as long as
they are conducted in accordance with
applicable treaties and SOFAs.
(c) Off-installation operations will be
coordinated with the local installation
commander through the SJA, or higher
authority, and local law enforcement
authorities.
(d) Marines selected for offinstallation operations must—
(i) Have mature judgment and law
enforcement experience.
(ii) Be thoroughly familiar with all
applicable agreements and
implementing standard operating
procedures, to include the constraints of
the Posse Comitatus Act (18 U.S.C.
1385), in CONUS and United States-host
nation agreements in OCONUS areas, as
applicable.
(e) Marines accompanying civilian
police during off-installation operations
do so only to enforce parts and orders
pertaining to persons subject to their
jurisdiction. Marines assigned offinstallation operations remain directly
responsible to, and under the command
of their Marine superiors when
accompanying civilian police. Marines
performing such duties may come to the
aid of civilian police in order to prevent
the commission of a felony or injury to
a civilian police officer.
(f) Procedures for absentee and
deserter collection units to accept an
active-duty absentee or deserter from
civilian authorities may be established.
(g) Civilian police and civil court
liaison may be established.
§ 631.18
Operations.
When an incident of substantial
interest to the Service, involving Service
property or affiliated personnel, occurs
off-installation, the Service law
enforcement organization exercising
area responsibility will—
(a) Obtain copies of civilian law
enforcement reports for processing or
forwarding according to applicable
Service parts.
(b) Return apprehended persons to
representatives of their Service as soon
as practicable.
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Federal Register / Vol. 70, No. 138 / Wednesday, July 20, 2005 / Proposed Rules
APPENDIX A TO PART 631—ARMED
FORCES DISCIPLINARY CONTROL
BOARD PROCEDURES GUIDE
A–1. Purpose. This guide prescribes
procedures for the establishment, operation,
and coordination of AFDCBs. AFDCB
proceedings are not adversarial in nature.
A–2. Meetings.
a. The board will meet quarterly. The
commander establishing the AFDCB may
specify whether the meetings will be open or
closed. If not specified, the decision is at the
discretion of the president of the board.
Normally proceedings are closed, but may be
opened to the public when circumstances
warrant.
b. Special meetings may be called by the
president of the board. Except by unanimous
consent of members present, final action will
be taken only on the business for which the
meeting was called.
c. A majority of voting members constitutes
a quorum for board proceedings.
A–3. AFDCB composition. Voting members
will be selected per section 631.7.
A–4. Attendance of observers or witnesses.
a. The board may invite individual persons
or organization representatives as witnesses
or observers if they are necessary or
appropriate for the conduct of board
proceedings. The below listed authorities
may assist in addressing installation or
command concerns or issues.
(1) Federal, State, and local judicial,
legislative, and law enforcement officials.
(2) Housing part and enforcement
authorities.
(3) Health, and social service authorities.
(4) Environmental protection authorities.
(5) Alcoholic beverage control authorities.
(6) Equal employment opportunity
authorities.
(7) Consumer affairs advocates.
(8) Chamber of Commerce representatives.
(9) Public works or utility authorities.
(10) Local fire marshal, and public safety
authorities.
(11) State and local school board or
education officials.
(12) Any other representation deemed
appropriate by the sponsoring command
such as, news media, union representatives,
and so forth.
b. Invited witnesses and observers will be
listed in the minutes of the meeting.
A–5. Appropriate areas for board
consideration.
a. Boards will study and take appropriate
action on all reports of conditions considered
detrimental to the good order and discipline,
health, morale, welfare, safety, and morals of
Armed Forces personnel. These adverse
conditions include, but are not limited to,
those identified in § 631.9.
b. The board will immediately forward to
the local commander reported circumstances
involving discrimination based on race,
color, sex, religion, age, or national origin.
A–6. Off-limit procedures.
a. Off-limits restrictions should be invoked
only when there is substantive information
indicating that an establishment or area
frequented by Armed Forces personnel
presents conditions, which adversely affect
their health, safety, welfare, morale, or
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14:55 Jul 19, 2005
Jkt 205001
morals. It is essential that boards do not act
arbitrarily. Actions must not be of a punitive
nature. Boards should work in close
cooperation with local officials and
proprietors of business establishments, and
seek to accomplish their mission through
mutually cooperative efforts. Boards should
encourage personal visits by local military,
and civilian enforcement or health officials to
establishments considered below standard.
AFDCBs should point out unhealthy
conditions or undesirable practices to
establishment owners or operators to produce
the desired corrective action.
b. In cases involving discrimination, the
board should not rely solely on letters
written by the Equal Opportunity Office, and
Military Affairs Committee or investigations
of alleged racial discrimination.
c. If the board decides to attempt to
investigate or inspect an establishment, the
president or a designee will prepare, and
submit a report of findings, and
recommendations at the next meeting. This
procedure will ensure complete, and
documented information concerning
questionable adverse conditions.
d. When the board concludes that
conditions adverse to Armed Forces
personnel do exist, the owner or manager
will be sent a letter of notification (Annex A).
This letter will advise him or her to raise
standards by a specified date, and, if such
conditions or practices continue, off-limits
proceedings will be initiated. Any
correspondence with the individuals
responsible for adverse conditions, which
may lead to off-limits action, will be by
certified mail.
e. If a proprietor takes remedial action to
correct undesirable conditions previously
noted, the board should send a letter of
appreciation (Annex B) recognizing this
cooperation.
f. If undesirable conditions are not
corrected, the proprietor will be invited to
appear before the AFDCB to explain why the
establishment should not be placed off-limits
(Annex C). Any proprietor may designate in
writing a representative to appear before the
board in his or her behalf.
g. In cases where proprietors have been
invited to appear before the board, the
president of the board will perform the
following—
(1) Prior to calling the proprietor—
(a) Review the findings and decision of the
previous meeting.
(b) Call for inspection reports.
(c) Allow those present to ask questions
and discuss the case.
(2) When the proprietor or his or her
representative is called before the board—
(a) Present the proprietor with a brief
summary of the complaint concerning the
establishment.
(b) Afford the proprietor an opportunity to
present matters in defense.
(c) Invite those present to question the
proprietor. After the questioning period,
provide the proprietor an opportunity to
make a final statement before being
dismissed.
(3) Deliberations on recommended actions
will be in closed session, attended only by
board members.
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h. The board should recommend an offlimits restriction only after the following:
(1) The letter of notification (Annex A) has
been sent.
(2) An opportunity for the proprietor to
appear before the board has been extended.
(3) Further investigation indicates that
improvements have not been made.
i. The minutes will indicate the AFDCB’s
action in each case. When a recommendation
is made to place an establishment off-limits,
the minutes will show the procedural steps
followed in reaching the decision.
j. Recommendations of the AFDCB will be
submitted to the sponsoring commander for
consideration. The recommendations will
then be forwarded to other installation
commanders who are represented on the
board (Annex D). If no objection to the
recommendations is received within 10 days,
the sponsoring commander will approve or
disapprove the recommendations and
forward the decision to the AFDCB president.
k. Upon approval of the AFDCB’s
recommendations, the president will write
the proprietor that the off-limits restriction
has been imposed (Annex E).
l. A time limit should not be specified
when an off-limits restriction is revoked. The
adequacy of the corrective action taken by
the proprietor of the establishment must be
the determining factor in removing the offlimits restriction.
m. Military authorities may not post offlimits signs or notices on private property.
n. In emergencies, commanders may
temporarily declare establishments or areas
off-limits to service members subject to their
jurisdiction. The circumstances for the action
will be reported as soon as possible to the
commander sponsoring the board. Detailed
justification for this emergency action will be
provided to the board for its deliberations.
o. Appropriate installation commanders
will publish a list of off-limits establishments
and areas using command and media
channels.
A–7. Removal of off-limits restrictions.
a. Removal of an off-limits restriction
requires AFDCB action. Proprietors of
establishments declared off-limits should be
advised that they may appeal to the
appropriate AFDCB at any time. In their
appeal they should submit the reason why
the restriction should be removed. A letter of
notification for continuance of the off-limits
restriction should be sent to the proprietor if
the AFDCB does not remove the off-limits
restriction (Annex F). The proprietor may
appeal to the next higher commander if not
satisfied with continuance after exhausting
all appeals at the local sponsoring
commander level. Boards should make at
least quarterly inspections of off-limits
establishments. A statement that an
inspection has been completed should be
included in AFDCB minutes.
b. When the board learns that the
proprietor has taken adequate corrective
measures, the AFDCB will take the following
actions:
(1) Discuss the matter at the next meeting
and make an appropriate recommendation.
(2) Forward a recommendation for removal
of the off-limits restriction to the sponsoring
commander. If approved, a letter removing
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the restriction (Annexes G & H) will be sent
to the proprietor.
(3) The minutes will reflect action taken.
A–8. Duties of the AFDCB president.
The president of the AFDCB will—
a. Schedule and preside at all AFDCB
meetings.
b. Provide an agenda to each voting
member at least 72 hours prior to the
meeting.
c. Ensure records, minutes, and
correspondence are prepared, distributed,
and maintained per § 631.10(d).
A–9. Commanders.
The installation commander, and
commanders within an AFDCB’s area of
responsibility must be thoroughly acquainted
with the mission and services provided by
AFDCBs. AFDCB members should keep their
respective commanders informed of
command responsibilities pertaining to
AFDCB functions and actions.
A–10. Public affairs.
a. Due to the sensitive nature of the subject
matter, there will not be a media release in
connection with AFDCB meetings. However,
any AFDCB proceeding, which is open to the
public, will also be open to representatives
of the news media. Representatives of the
news media will be considered observers,
and will not participate in matters
considered by the AFDCB. Members of the
news media may be invited to participate in
an advisory status in coordination with the
public affairs office.
b. News media interviews and releases will
be handled through the public affairs office
according to applicable Service parts.
A–11. Minutes.
a. Minutes will be prepared in accordance
with administrative formats for minutes of
meetings prescribed by the Service of the
sponsoring commander (Annex I). The
written minutes of AFDCB meetings will
constitute the official record of the AFDCB
proceedings. Verbatim transcripts of board
meetings are not required. The reasons for
approving or removing an off-limits
restriction, to include a complete address of
the establishment or area involved, should be
indicated in the order of business. In
addition, the AFDCB’s action will be shown
in the order or sequence of actions taken. A
change in the name of an establishment or
areas in an off-limits restriction will also be
included.
b. Distribution of the minutes of AFDCB
meetings will be limited to the following—
(1) Each voting member, sponsoring
command, and commands and installations
represented by the board.
(2) Each civilian and military advisory
member, if deemed appropriate.
(3) Civilian and Government agencies
within the State in which member
installations are located having an interest in
the functions of the board, if appropriate.
c. AFDCB minutes are subject to release
and disclosure in accordance with applicable
Service parts and directives.
d. Minutes and recommendations of the
board will be forwarded to the sponsoring
commander for approval.
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Annex A—Letter of Notification
(Letterhead)
(Appropriate AFDCB)
Proprietor
Dear Sir: This letter is to inform you that
it has come to the attention of the Armed
Forces Disciplinary Control Board (AFDCB)
that certain conditions reported at your
establishment may adversely affect the
(health, safety, or welfare) of members of the
Armed Forces.
The AFDCB is initiating action to
determine whether your establishment (area)
should be placed off-limits to members of the
Armed Forces if (cite conditions) are not
corrected by (date).
A representative of the AFDCB will visit
your establishment to determine if steps have
been taken to correct the conditions outlined
above.
Sincerely,
John J. Smith
Colonel, U.S. Army, President, Armed
Forces, Disciplinary Control Board.
(Note: Use certified mail, return receipt
requested if mailed.)
Annex B—Letter of Appreciation
(Letterhead)
(Appropriate AFDCB)
Proprietor
Dear Sir: This is in reference to my letter
of (date) concerning the conditions(s)
reported at your establishment which
adversely affected the health and welfare of
members of the Armed Forces.
The Board appreciates your action(s) to
correct the condition(s) previously noted and
does not contemplate further action with
respect to this specific matter.
Your continued cooperation is solicited.
Sincerely,
John J. Smith
Colonel, U.S. Army, President, Armed Forces
Disciplinary Control Board.
Annex C—Letter of Invitation
(Letterhead)
Proprietor
Dear Sir: This is in reference to my letter
of (date) concerning the condition reported at
your establishment which adversely affects
the (health, safety, or welfare) of members of
the Armed Forces. Information has been
received by the board which indicates you
have not taken adequate corrective action to
eliminate the reported condition.
Reports presented to the Armed Forces
Disciplinary Control Board (AFDCB) indicate
(list and describe conditions).
You are advised that the AFDCB will
initiate action to determine whether your
establishment should be declared off-limits
to members of the Armed Forces.
You may appear in person, with or without
counsel, before the AFDCB at its next
scheduled meeting on (date, time, and place).
At that time you will have the opportunity
to refute the allegation(s), or to inform the
board of any remedial action(s) you have
taken or contemplate taking to correct the
condition. It is requested that you inform the
President, of the AFDCB if you plan to
attend.
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41647
Any questions regarding this matter may be
addressed to the President, Armed Forces
Disciplinary Control Board, (address). Every
effort will be made to clarify the matter for
you.
Sincerely,
John J. Smith
Colonel, U.S. Army, President, Armed
Forces, Disciplinary Control Board.
(Note: Send certified mail, return receipt
requested if mailed.)
Annex D—AFDCB Off-Limits Approval
Letter
(Letterhead)
Office Symbol
MEMORANDUM FOR (Commanders of
Supported Installations)
SUBJECT: Establishments or Areas
Recommended for Off-Limits
Designation
1. On (date), the Armed Forces
Disciplinary Control Board (AFDCB)
recommended imposition of the following
off-limits restrictions: (name and address of
establishment)
2. Commanders furnishing AFDCB
representatives are requested to provide any
comments within 10 days as to whether
(name of establishment or area) should be
placed off-limits.
3. A copy of the AFDCB minutes and
recommendation is enclosed.
FOR THE (SPONSORING) COMMANDER:
Sincerely,
John J. Smith
Colonel, U.S. Army, President, Armed
Forces, Disciplinary Control Board.
Encl
Annex E—Letter of Declaration of Off-Limits
Proprietor
Dear Sir: This letter is to inform you that
your establishment has been declared offlimits to members of the Armed Forces
effective (date). Members of the Armed
Forces are prohibited from entering your
establishment (premises) as long as this order
is in effect. This action is being taken because
of (state the conditions) which are
detrimental to the (health or welfare) of
members of the Armed Forces.
This restriction will remain in effect
indefinitely in accordance with established
Armed Forces policy. Removal of the
restriction will be considered by the Armed
Forces Disciplinary Control Board upon
presentation of information that satisfactory
corrective action has been taken.
Correspondence appealing this action may
be submitted to the President, Armed Forces
Disciplinary Control Board, (cite address).
Sincerely,
John J. Smith
Colonel, U.S. Army, President, Armed Forces
Disciplinary Control Board.
Annex F—AFDCB Letter of Notification of
Continuance of Off-Limits Restrictions After
Appearance before the AFDCB
(Letterhead)
Proprietor
Dear Sir: The Armed Forces Disciplinary
Control Board (AFDCB) did not favorably
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Federal Register / Vol. 70, No. 138 / Wednesday, July 20, 2005 / Proposed Rules
consider your request for removal of the offlimits restriction now in effect at your
establishment.
This decision does not preclude further
appeals or appearances before the AFDCB at
any of its scheduled meetings.
Correspondence pertaining to this matter
should be addressed to the President, Armed
Forces Disciplinary Control Board, (cite
address).
Sincerely,
John J. Smith
Colonel, U.S. Army, President, Armed Forces
Disciplinary Control Board.
Annex G—AFDCB Letter of Removal of OffLimits Restriction
(Letterhead)
Proprietor
Dear Sir: This letter is to inform you that
the off-limits restriction against (name of
establishment) is removed effective (date).
Members of the Armed Forces are permitted
to patronize your establishment as of that
date.
The corrective actions taken in response to
the concerns of the Armed Forces
Disciplinary Control Board are appreciated.
Sincerely,
John J. Smith
Colonel, U.S. Army, President, Armed Forces
Disciplinary Control Board.
Annex H—AFDCB Notification of Removal of
Off-Limits Restriction
(Letterhead)
Proprietor
Dear Sir: This letter is to inform you that
your request for removal of the off-limits
restriction now in effect at (name of
establishment) was favorably considered by
the Armed Forces Disciplinary Control Board
(AFDCB).
This restriction will be removed effective
(date). Members of the Armed Forces will be
permitted to patronize your establishment as
of that date.
The corrective actions taken in response to
the concerns of the AFDCB are appreciated.
Sincerely,
John J. Smith
Colonel, U.S. Army, President, Armed Forces
Disciplinary Control Board.
Annex I—Format for AFDCB Meeting
Minutes
(Letterhead)
MEMORANDUM FOR
SUBJECT: Armed Forces Disciplinary Control
Board
1. Pursuant to authority contained in AR
190–24/AFI 31–213/ OPNAVINST 1620.2A/
MCO 1620.2C/and COMDTINST 1620.1D,
Armed Forces Disciplinary Control Boards
and Off-Installation Liaison and Operations,
the (area) Armed Forces Disciplinary Control
Board convened at (place), (date)
2. The following voting members were
present: (List names, titles, and addresses.)
3. The following military members were
present: (List names, titles, and addresses.)
4. The following civilian advisory members
were present: (List names, titles, and
addresses.)
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14:55 Jul 19, 2005
Jkt 205001
5. Order of business:
a. Call to order.
b. Welcome.
c. Introduction of members and guests.
d. Explanation of purpose of board.
e. Reading of minutes.
f. Unfinished or continuing business.
g. New business (subparagraph as
necessary).
h. Recommendations.
(1) List of areas and establishments being
placed in an off-limits restriction. Include
complete name and address (or adequate
description of an area) of any establishment
listed.
(2) List of areas and establishments being
removed from off-limits restrictions. Include
complete name and address (or adequate
description of an area) of any establishment
listed.
(3) Other matters or problems of mutual
concern.
i. Time, date, and place for next board
meeting.
j. Adjournment of the board.
(Board Recorder’s Name)
(Rank, Branch of Service)
Recorder, Armed Forces
Disciplinary Control Board
Approved:
(Board President’s Name)
(Rank, Branch of Service)
President, Armed Forces Disciplinary Control
Board.
(Note: The minutes of the board proceedings
will be forwarded by official correspondence
from the board president to the sponsoring
commander for approval of the board’s
recommendations. By return endorsement,
the sponsoring commander will either
approve or disapprove the board’s
recommendations.)
[FR Doc. 05–14213 Filed 7–19–05; 8:45 am]
BILLING CODE 3710–08–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[CGD07–05–063]
RIN 1625–AA09
Drawbridge Operation Regulations;
Boot Key Harbor, Marathon, FL
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Coast Guard proposes to
change the regulations governing the
operation of the Boot Key Harbor bridge,
mile 0.13, between Marathon and Boot
Key, Monroe County, Florida. Due to the
amount of vehicle traffic and the lack of
openings during the proposed time
period, this proposed action would
improve the movement of vehicular
traffic while not unreasonably
interfering with the movement of vessel
PO 00000
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Fmt 4702
Sfmt 4702
traffic. This proposed rule would allow
the bridge to open on the hour between
the hours of 7 a.m. to 7 p.m. At all other
times, the bridge will open on demand
following a 10-minute notification to the
bridge tender. The draw shall open as
soon as practicable for the passage of
tugs with tows, public vessels of the
United States and vessels in a situation
where a delay would endanger life or
property.
Comments and related material
must reach the Coast Guard on or before
August 19, 2005.
DATES:
You may mail comments
and related material to Commander
(obr), Seventh Coast Guard District, 909
S.E. 1st Avenue, Room 432, Miami, FL,
33131–3050, who maintains the public
docket for this rulemaking. Comments
and material received from the public,
as well as documents indicated in this
preamble as being available in the
docket, will become part of this docket
and will be available for inspection or
copying at Commander (obr), Seventh
Coast Guard District, between 7:30 a.m.
and 4 p.m., Monday through Friday,
except Federal holidays.
ADDRESSES:
Mr.
Gwin Tate, Project Officer, Seventh
Coast Guard District, Bridge Branch, at
(305) 415–6747.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Request for Comments
We encourage you to participate in
this rulemaking by submitting
comments and related material. If you
do so, please include your name and
address, identify the docket number for
this rulemaking CGD07–05–063,
indicate the specific section of this
document to which each comment
applies, and give the reason for each
comment. Please submit all comments
and related material in an unbound
format, no larger than 81⁄2 by 11 inches,
suitable for copying. If you would like
to know they reached us, please enclose
a stamped, self-addressed postcard or
envelope. We will consider all
comments and material received during
the comment period. We may change
this proposed rule in view of them.
Public Meeting
We do not now plan to hold a public
meeting. But you may submit a request
for a meeting by writing to the Bridge
Branch at the address under ADDRESSES
explaining why one would be
beneficial. If we determine that one
would aid this rulemaking, we will hold
one at a time and place announced by
a later notice in the Federal Register.
E:\FR\FM\20JYP1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 138 (Wednesday, July 20, 2005)]
[Proposed Rules]
[Pages 41641-41648]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-14213]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Army
32 CFR Part 631
RIN 0702-AA50
Armed Forces Disciplinary Control Boards and Off-Installation
Liaison and Operations
AGENCY: Department of the Army, DoD.
ACTION: Proposed rule; Request for comments.
-----------------------------------------------------------------------
SUMMARY: The Department of the Army proposes to revise its part
concerning armed forces disciplinary control boards and off-
installation liaison and operations. The part prescribes uniform
policies and procedures for the establishment, and operation of Armed
Forces Disciplinary Control Boards, and off-installation liaison and
operations.
DATES: Comments submitted to the address below on or before September
19, 2005 will be considered.
ADDRESSES: You may submit comments, identified by ``32 CFR 631 and RIN
0702-AA50 in the subject line, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
E-Mail: james.crumley@hqda-aoc.army.pentagon.mil. Include
32 CFR 631 and RIN 0702-AA50 in the subject line of the message.
Mail: Headquarters, Department of the Army, Office of the
Provost Marshal General, ATTN: DAPM-MPD-LE, 2800 Army Pentagon,
Washington, DC 20310-2800.
FOR FURTHER INFORMATION CONTACT: James Crumley (703) 692-6721.
SUPPLEMENTARY INFORMATION:
[[Page 41642]]
A. Background
This rule has previously been published. The Administrative
Procedure Act, as amended by the Freedom of Information Act requires
that certain policies and procedures and other information concerning
the Department of the Army be published in the Federal Register. The
policies and procedures covered by this part fall into that category.
B. Regulatory Flexibility Act
The Department of the Army has determined that the Regulatory
Flexibility Act does not apply because the proposed rule does not have
a significant economic impact on a substantial number of small entities
within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601-612.
C. Unfunded Mandates Reform Act
The Department of the Army has determined that the Unfunded
Mandates Reform Act does not apply because the proposed rule does not
include a mandate that may result in estimated costs to State, local or
tribal governments in the aggregate, or the private sector, of $100
million or more.
D. National Environmental Policy Act
The Department of the Army has determined that the National
Environmental Policy Act does not apply because the proposed rule does
not have an adverse impact on the environment.
E. Paperwork Reduction Act
The Department of the Army has determined that the Paperwork
Reduction Act does not apply because the proposed rule does not involve
collection of information from the public.
F. Executive Order 12630 (Government Actions and Interference With
Constitutionally Protected Property Rights)
The Department of the Army has determined that Executive Order
12630 does not apply because the proposed rule does not impair private
property rights.
G. Executive Order 12866 (Regulatory Planning and Review)
The Department of the Army has determined that according to the
criteria defined in Executive Order 12866 this proposed rule is not a
significant regulatory action. As such, the proposed rule is not
subject to Office of Management and Budget review under section 6(a)(3)
of the Executive Order.
H. Executive Order 13045 (Protection of Children From Environmental
Health Risk and Safety Risks)
The Department of the Army has determined that according to the
criteria defined in Executive Order 13045 this proposed rule not apply.
I. Executive Order 13132 (Federalism)
The Department of the Army has determined that according to the
criteria defined in Executive Order 13132 this proposed rule does not
apply because it will not have a substantial effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government.
Jeffery B. Porter,
Chief, Law Enforcement Policy and Oversight Section.
List of Subjects in 32 CFR Part 631
Alcohol, Business, Discrimination, Health, Investigations, Law
enforcement, Military Personnel, Privacy, Safety, Uniform Code of
Military Justice.
For reasons stated in the preamble the Department of the Army
proposes to revise part 631 to Subchapter I of Title 32 to read as
follows:
PART 631--ARMED FORCES DISCIPLINARY CONTROL BOARDS AND OFF-
INSTALLATION LIAISON AND OPERATIONS
Subpart A--General
Sec.
631.1 Purpose.
631.2 Applicability.
631.3 Supervision.
631.4 Exceptions.
Subpart B--Armed Forces Disciplinary Control Boards
631.5 General.
631.6 Responsibilities.
631.7 Composition of boards.
631.8 Participation by civil agencies.
631.9 Duties and functions of boards.
631.10 Administration.
631.11 Off-limits establishments and areas.
Subpart C--Off-Installation Operations (Military Patrols and
Investigative Activities) and Policy
631.12 Objectives.
631.13 Applicability.
631.14 Policy (for Army only).
631.15 Policy (for Air Force only).
631.16 Policy (for Navy only).
631.17 Policy (for Marine Corps only).
631.18 Operations.
Appendix A to Part 631--Armed Forces Disciplinary Control Board
Procedures Guide
Authority: 10 U.S.C. 3012(b)(1)(g).
Subpart A--General
Sec. 631.1 Purpose.
This part prescribes uniform policies and procedures for the
establishment, and operation of the following:
(a) Armed Forces Disciplinary Control Boards (AFDCB).
(b) Off-installation liaison and operations.
Sec. 631.2 Applicability.
This part applies to the following:
(a) Active U.S. Armed Forces personnel of the Army, Air Force,
Navy, and Marine Corps, and the Coast Guard wherever they are
stationed.
(b) U.S. Armed Forces Reserve personnel only when they are
performing Federal duties or engaging in activities directly related to
performing a Federal duty or function.
(c) National Guard personnel only when called or ordered to active
duty in a Federal status within the meaning of Title 10, United States
Code.
Sec. 631.3 Supervision.
The following will develop and have staff supervision over AFDCB
and off-installation enforcement policies. (1) The Office of the
Provost Marshal General (OPMG), Headquarters, Department of the Army
(HQDA). This official serves as the proponent for this part, and has
primary responsibility for its content.
(2) U.S. Air Force Director of Security Forces and Force
Protection, Department of the Air Force.
(3) Director, Naval Criminal Investigative Service.
(4) Commandant of the Marine Corps.
(5) Commandant of the Coast Guard.
(6) Installation commanders are authorized to convene joint service
boards within their AR 5-9 area of responsibility.
Sec. 631.4 Exceptions.
Requests for exceptions to policies contained in this part will be
forwarded to HQDA (DAPM-MPD-LE), Washington, DC 20310-2800.
Subpart B--Armed Forces Disciplinary Control Boards
Sec. 631.5 General.
AFDCBs may be established by installation, base, or station
commanders to advise and make recommendations to commanders on matters
concerning eliminating conditions, which adversely affect the health,
safety, welfare, morale, and discipline of the Armed Forces.
(a) For the Army, routine off-limits actions must be processed by
an AFDCB following the procedures in Sec. 631-11.
[[Page 41643]]
(b) Coast Guard commanders must have written authorization from the
Commandant (G'WP) prior to establishing an AFDCB.
Sec. 631.6 Responsibilities.
(a) Regional Directors of the Army Installation Management Agency,
Air Force commanders, Navy regional commanders, Marine Corps
commanders, and Coast Guard commanders will--(1) Determine level and
degree of participation by subordinate commanders in joint Service
boards, when appropriate.
(2) Resolve differences among subordinate commanders regarding
board areas of responsibility, and the designation of sponsoring
commanders.
(3) Evaluate board recommendations, and actions from subordinate
sponsoring commanders.
(4) Forward recommendations to HQDA, OPMG (DAPM-MPD-LE), WASH DC
20310-2800, regarding circumstances that require Service headquarters
action or programs having widespread applicability.
(5) Ensure that subordinate commanders assess the availability of
drug abuse paraphernalia in the vicinity of Department of Defense (DOD)
installations through their AFDCBs, according to DOD Directive 1010.4.
Coast Guard commanders should refer to COMDTINST M1000.6 series,
chapter 20, for guidance on Coast Guard substance abuse policies.
(b) Military installation commanders for off-installation
enforcement actions will--(1) Conduct off-installation operations as
authorized by law and Service policy.
(2) Coordinate off-installation operations with other Service
commanders, as applicable, for uniformity of effort, and economy of
resources.
(3) Assist Federal, State, and local law enforcement agencies
within the limits imposed by law and DOD policy.
(c) Sponsoring commanders will provide administrative support for
AFDCB programs to include the following--(1) Promulgating implementing
directives, and convening the board.
(2) Providing a recorder for the board.
(3) Providing copies of the minutes of board meetings to other
Service commanders who are represented on the board, and to other
AFDCBs as appropriate.
(4) Approving or disapproving the minutes, and recommendations of
the board, and making appropriate distribution, as required.
(5) Publishing lists of ``off-limits'' establishments and areas.
(6) Ensuring that responsible individuals are notified of any
unfavorable actions being contemplated or taken regarding their
establishments per Annex A.
(7) Distributing pertinent information to the following--
(i) All units within their jurisdictional area.
(ii) Units stationed in other areas whose personnel frequent their
area of jurisdiction.
(8) Ensuring that procedures are established to inform all Service
personnel, including those who may be visiting or are in a travel
status, of off-limits restrictions in effect within the respective
AFDCB's jurisdictional area.
Sec. 631.7 Composition of boards.
(a) Boards should be structured according to the needs of the
command, with consideration given to including representatives from the
following functional areas--
(1) Law enforcement.
(2) Legal counsel.
(3) Health.
(4) Environmental protection.
(5) Public affairs.
(6) Equal opportunity.
(7) Fire and safety.
(8) Chaplains' service.
(9) Alcohol and drug abuse.
(10) Personnel and community activities.
(11) Consumer affairs.
(b) Sponsoring commanders will designate a board president, and
determine by position which board members will be voting members. Such
designations will be included in a written agreement establishing the
board.
Sec. 631.8 Participation by civil agencies.
(a) Civil agencies or individuals may be invited to board meetings
as observers, witnesses or to provide assistance where they possess
knowledge or information pertaining to problem areas within the board's
jurisdiction.
(b) Announcements and summaries of board results may be provided to
appropriate civil agencies.
Sec. 631.9 Duties and functions of boards.
The AFDCBs will--
(a) Meet as prescribed by appendix A of this part.
(b) Receive reports, and take appropriate action on conditions in
their area of responsibility relating to any of the following--
(1) Disorders and lack of discipline.
(2) Prostitution.
(3) Sexually transmitted disease.
(4) Liquor violations.
(5) Racial and other discriminatory practices.
(6) Alcohol and drug abuse.
(7) Drug abuse paraphernalia.
(8) Criminal or illegal activities involving cults or hate groups.
(9) Illicit gambling.
(10) Areas susceptible to terrorist activity.
(11) Unfair commercial or consumer practices.
(12) Other undesirable conditions deemed unsafe which may adversely
affect the health and well being of military personnel or their
families.
(c) Report to all major commanders in the board's area of
responsibility--
(1) Conditions cited in paragraph (b) of this section.
(2) Recommended action as approved by the board's sponsoring
commander.
(d) Coordinate with appropriate civil authorities on problems or
adverse conditions existing in the board's area of jurisdiction.
(e) Make recommendations to commanders in the board's area of
jurisdiction concerning off-installation procedures to prevent or
control undesirable conditions.
Sec. 631.10 Administration.
(a) Commanders are authorized to acquire, report, process, and
store information concerning persons and organizations, whether or not
affiliated with DOD, according to the applicable Service parts of the
sponsoring commander, which--
(1) Adversely affect the health, safety, morale, welfare, or
discipline of service members regardless of status.
(2) Describes crime conducive conditions where there is a direct
Service interest.
(b) Boards will function under the supervision of a president
(Sec. 631.7(b)).
(c) Certain expenses incurred by Service members in the course of
an official board investigation or inspection may be reimbursable per
appropriate Service finance parts or instructions. Requests for
reimbursement will be submitted through the sponsoring commander.
(d) Records of board proceedings will be maintained as prescribed
by records management policies, and procedures of the sponsoring
commander's Service.
Sec. 631.11 Off-limits establishments and areas.
(a) The establishment of off-limits areas is a function of Command.
It may be used by commanders to help maintain good order and
discipline, health, morale, safety, and welfare of service members.
Off-limits action is also intended to prevent service
[[Page 41644]]
members from being exposed to or victimized by crime-conducive
conditions. Where sufficient cause exists, commanders retain
substantial discretion to declare establishments or areas temporarily
off-limits to personnel of their respective commands in emergency
situations. Temporary off-limits restrictions issued by commanders in
an emergency situation will be acted upon by the AFDCB as a first
priority. As a matter of policy, a change in ownership, management, or
name of any off-limits establishment does not, in and of itself, revoke
the off-limits restriction.
(b) Service members are prohibited from entering establishments or
areas declared off-limits according to this part. Violations may
subject the member to disciplinary action per applicable Service parts,
and the Uniform Code of Military Justice (UCMJ). Family members of
service members and others associated with the Service or installation
should be made aware of off-limits restrictions. As a general policy,
these establishments will not be visited by Service law enforcement
personnel unless specifically determined by the installation commander
that visits or surveillance are warranted.
(c) Prior to initiating AFDCB action, installation commanders will
attempt to correct adverse conditions or situations through the
assistance of civic leaders or officials.
(d) Prior to recommending an off-limits restriction, the AFDCB will
send a written notice (certified mail-return receipt requested) to the
individual or firm responsible for the alleged condition or situation.
The AFDCB will specify in the notice a reasonable time for the
condition or situation to be corrected, along with the opportunity to
present any relevant information to the board. If subsequent
investigation reveals that the responsible person has failed to take
corrective action, the board will recommend the imposition of the off-
limits restriction.
(e) A specified time limit will not be established when an off-
limits restriction is invoked. The adequacy of the corrective action
taken by the responsible individual will be the determining factor in
removing an off-limits restriction.
(f) A person whose establishment or area has been declared off-
limits may at any time petition the president of the board to remove
the off-limits restriction. The petition will be in writing and will
include a detailed report of action taken to eliminate the condition or
situation that caused imposition of the restriction. The president of
the AFDCB may direct an investigation to determine the status of
corrective actions noted in the petition. The board will either
recommend removal or continuation of the off-limits restriction to the
local sponsoring commander based on the results of the investigation.
(g) Off-limits procedures to be followed by the boards are in
Appendix A of this part. In the United States, off-limits signs will
not be posted on civilian establishments by U.S. military authorities.
(h) In areas Outside of the Continental United States (OCONUS),
off-limits and other AFDCB procedures must be consistent with existing
Status of Forces Agreements (SOFAs).
Subpart C--Off-Installation Operations (Military Patrols and
Investigative Activities) and Policy
Sec. 631.12 Objectives.
The primary objectives of off-installation operations are to--
(a) Render assistance and provide information to Service members.
(b) Preserve the safety, and security of service members.
(c) Preserve good order and discipline among Service members and
reduce off-installation incidents and offenses.
(d) Maintain effective cooperation with civil authorities, and
community leaders.
Sec. 631.13 Applicability.
This section is not applicable to the U.S. Coast Guard.
Sec. 631.14 Army Policy.
(a) Soldiers, military and/or Department of the Army Civilian (DAC)
police performing off-installation operations must be thoroughly
familiar with applicable agreements, constraints of the Posse Comitatus
Act (18 U.S.C. 1385) in the Continental United States (CONUS) and
United States-host nation agreements in areas OCONUS.
(b) Military and/or DAC police assigned to off-installation
operations have the sole purpose of enforcing parts, and orders
pertaining to persons subject to their jurisdiction.
(c) Military and/or DAC police accompanying civilian law
enforcement officers remain directly responsible to, and under the
command of, U.S. Army superiors. Military and DAC police may come to
the aid of civilian law enforcement officers to prevent the commission
of a felony or injury to a civilian law enforcement officer.
(d) Regional Directors of the Army Installation Management Agency
(IMA), Commander, Army Materiel Command (AMC), and Commander, Army Test
and Evaluation Command (ATEC) may authorize subordinate commanders to
establish off-installation operations within the limits imposed by
higher authority, the Posse Comitatus Act (18 U.S.C. 1385) in CONUS,
and United States-host nation agreements in OCONUS areas--
(1) To assist Federal, State, and local law enforcement agencies.
(2) In conjunction with military activities.
(3) To safeguard the health and welfare of Soldiers.
(4) When the type of offenses or the number of Soldiers frequenting
an area is large enough to warrant such operations.
(e) The constraints on the authority of Soldiers and/or DAC police
to act off-Installation, (Posse Comitatus Act (18 U.S.C. 1385) in CONUS
and United States-host nation agreements in OCONUS areas) and the
specific scope of off-installation operations will be clearly
delineated in all authorizations for off-installation operations. Off-
installation operations will be coordinated with the local installation
commander through the Staff Judge Advocate (SJA), or higher authority,
and appropriate civilian law enforcement agencies.
Sec. 631.15 Air Force Policy.
(a) Airmen, military and/or Department of the Air Force Civilian
(DAFC) police performing off-installation operations must be thoroughly
familiar with applicable agreements, constraints of the Posse Comitatus
Act (18 U.S.C. 1385) in CONUS and United States-host nation agreements
in areas OCONUS.
(b) Military and/or DAFC police assigned to off-installation
operations have the sole purpose of enforcing parts, and orders
pertaining to persons subject to their jurisdiction.
(c) Military and/or DAFC police accompanying civilian law
enforcement officers remain directly responsible to, and under the
command of, U.S. Air Force superiors. Military and DAFC police may come
to the aid of civilian law enforcement officers to prevent the
commission of a felony or injury to a civilian law enforcement officer.
(d) Air Force commanders may authorize subordinate commanders to
establish off-installation operations within the limits imposed by
higher authority, the Posse Comitatus Act (18 U.S.C. 1385) in CONUS,
and United States-host nation agreements in OCONUS areas--(1) To assist
Federal, State, and local law enforcement agencies.
[[Page 41645]]
(2) In conjunction with military activities.
(3) To safeguard the health and welfare of Airmen.
(4) When the type of offenses or the number of Airmen frequenting
an area is large enough to warrant such operations.
(e) The constraints on the authority of Airmen and/or DAFC police
to act off-installation, (Posse Comitatus Act (18 U.S.C. 1385) in CONUS
and United States-host nation agreements in OCONUS areas) and the
specific scope of off-installation operations will be clearly
delineated in all authorizations for off-installation operations. Off-
installation operations will be coordinated with the local installation
commander through the Staff Judge Advocate (SJA), or higher authority,
and appropriate civilian law enforcement agencies.
Sec. 631.16 Navy Policy.
The following policies apply to off-installation operations--
(a) Article 1630-020, MILPERSMAN revised August 2002, and Navy
Parts, Article 0922 concerning the establishment and operation of a
shore patrol.
(b) In accordance with SECNAV 1620.7A, Navy Absentee Collection
Units collect, and process apprehended absentees and deserters, escort
apprehended absentees, and deserters to their parent commands or to
designated processing activities, escort prisoners between confinement
facilities, and provide liaison with civilian law enforcement
authorities.
(c) Navy personnel will be thoroughly familiar with all applicable
agreements and Implementing standard operating procedures, to include
the constraints of the Posse Comitatus Act (18 U.S.C. 1385), in CONUS
and United States-host nation agreements in OCONUS areas, as
applicable.
(d) Within CONUS. (1) Installation Commanders may request authority
from their Regional Commander, to establish off-installation
operations--
(i) To assist Federal, State, and local law enforcement agencies
within the limits imposed by higher authority and the Posse Comitatus
Act (18 U.S.C. 1385).
(ii) In conjunction with military operations.
(iii) To safeguard the health, and welfare of Naval personnel.
(iv) When the type of offenses or the number of service members
frequenting an area is large enough to warrant such operation.
(2) Constraints on the authority of military personnel to act off-
installation (Posse Comitatus Act (18 U.S.C. 1385) and the specific
scope of the authority will be clearly delineated in all authorizations
for off-installation operations.
(e) Within OCONUS, off-installation operations will be kept at the
minimum needed for mission accomplishment. Installation commanders may
authorize off-installation operations as required by local conditions
and customs, as long as they are conducted in accordance with
applicable treaties and SOFAs.
(f) Off-installation operations will be coordinated with the local
installation commander through the JAG or higher authority, and local
law enforcement authorities.
(g) Security personnel selected for off-installation operations
must--
(1) Have mature judgment and law enforcement experience.
(2) Be thoroughly familiar with all applicable agreements and
implementing standard operating procedures, to include the constraints
of the Posse Comitatus Act (18 U.S.C. 1385), in CONUS and United States
Host Nation agreements in OCONUS area, as applicable.
(h) Security personnel accompanying civilian police during off-
installation operations do so only to enforce parts and orders
pertaining to persons subject to their jurisdiction. Security personnel
assigned off-installation operations remain directly responsible to,
and under the command of their Navy superiors when accompanying
civilian police. Security personnel performing such duties may come to
the aid of civilian police in order to prevent the commission of a
felony or injury to a civilian police officer.
(i) Civilian police and court liaison may be established with
concurrence of the Naval Criminal Investigative Service and is
encouraged particularly when the intent is to reduce mishaps.
Sec. 631.17 Marine Corps Policy.
(a) Within CONUS. (1) Commanders may request authority from
Headquarters, Marine Corps (Code POS), to establish off-installation
operations--
(i) To assist Federal, State, and local law enforcement agencies
within the limits imposed by higher authority and the Posse Comitatus
Act (18 U.S.C. 1385).
(ii) In conjunction with military operations.
(iii) To safeguard the health, and welfare of Marines.
(iv) When the type of offenses or the number of service members
frequenting an area is large enough to warrant such operations.
(2) Constraints on the authority of military personnel to act off-
installation (Posse Comitatus Act (18 U.S.C. 1385)) and the specific
scope of the authority will be clearly delineated in all authorizations
for off-installation operations.
(b) Within OCONUS, off-installation operations will be kept at the
minimum needed for mission accomplishment. Installation commanders may
authorize off-installation operations as required by local conditions
and customs, as long as they are conducted in accordance with
applicable treaties and SOFAs.
(c) Off-installation operations will be coordinated with the local
installation commander through the SJA, or higher authority, and local
law enforcement authorities.
(d) Marines selected for off-installation operations must--
(i) Have mature judgment and law enforcement experience.
(ii) Be thoroughly familiar with all applicable agreements and
implementing standard operating procedures, to include the constraints
of the Posse Comitatus Act (18 U.S.C. 1385), in CONUS and United
States-host nation agreements in OCONUS areas, as applicable.
(e) Marines accompanying civilian police during off-installation
operations do so only to enforce parts and orders pertaining to persons
subject to their jurisdiction. Marines assigned off-installation
operations remain directly responsible to, and under the command of
their Marine superiors when accompanying civilian police. Marines
performing such duties may come to the aid of civilian police in order
to prevent the commission of a felony or injury to a civilian police
officer.
(f) Procedures for absentee and deserter collection units to accept
an active-duty absentee or deserter from civilian authorities may be
established.
(g) Civilian police and civil court liaison may be established.
Sec. 631.18 Operations.
When an incident of substantial interest to the Service, involving
Service property or affiliated personnel, occurs off-installation, the
Service law enforcement organization exercising area responsibility
will--
(a) Obtain copies of civilian law enforcement reports for
processing or forwarding according to applicable Service parts.
(b) Return apprehended persons to representatives of their Service
as soon as practicable.
[[Page 41646]]
APPENDIX A TO PART 631--ARMED FORCES DISCIPLINARY CONTROL BOARD
PROCEDURES GUIDE
A-1. Purpose. This guide prescribes procedures for the
establishment, operation, and coordination of AFDCBs. AFDCB
proceedings are not adversarial in nature.
A-2. Meetings.
a. The board will meet quarterly. The commander establishing the
AFDCB may specify whether the meetings will be open or closed. If
not specified, the decision is at the discretion of the president of
the board. Normally proceedings are closed, but may be opened to the
public when circumstances warrant.
b. Special meetings may be called by the president of the board.
Except by unanimous consent of members present, final action will be
taken only on the business for which the meeting was called.
c. A majority of voting members constitutes a quorum for board
proceedings.
A-3. AFDCB composition. Voting members will be selected per
section 631.7.
A-4. Attendance of observers or witnesses.
a. The board may invite individual persons or organization
representatives as witnesses or observers if they are necessary or
appropriate for the conduct of board proceedings. The below listed
authorities may assist in addressing installation or command
concerns or issues.
(1) Federal, State, and local judicial, legislative, and law
enforcement officials.
(2) Housing part and enforcement authorities.
(3) Health, and social service authorities.
(4) Environmental protection authorities.
(5) Alcoholic beverage control authorities.
(6) Equal employment opportunity authorities.
(7) Consumer affairs advocates.
(8) Chamber of Commerce representatives.
(9) Public works or utility authorities.
(10) Local fire marshal, and public safety authorities.
(11) State and local school board or education officials.
(12) Any other representation deemed appropriate by the
sponsoring command such as, news media, union representatives, and
so forth.
b. Invited witnesses and observers will be listed in the minutes
of the meeting.
A-5. Appropriate areas for board consideration.
a. Boards will study and take appropriate action on all reports
of conditions considered detrimental to the good order and
discipline, health, morale, welfare, safety, and morals of Armed
Forces personnel. These adverse conditions include, but are not
limited to, those identified in Sec. 631.9.
b. The board will immediately forward to the local commander
reported circumstances involving discrimination based on race,
color, sex, religion, age, or national origin.
A-6. Off-limit procedures.
a. Off-limits restrictions should be invoked only when there is
substantive information indicating that an establishment or area
frequented by Armed Forces personnel presents conditions, which
adversely affect their health, safety, welfare, morale, or morals.
It is essential that boards do not act arbitrarily. Actions must not
be of a punitive nature. Boards should work in close cooperation
with local officials and proprietors of business establishments, and
seek to accomplish their mission through mutually cooperative
efforts. Boards should encourage personal visits by local military,
and civilian enforcement or health officials to establishments
considered below standard. AFDCBs should point out unhealthy
conditions or undesirable practices to establishment owners or
operators to produce the desired corrective action.
b. In cases involving discrimination, the board should not rely
solely on letters written by the Equal Opportunity Office, and
Military Affairs Committee or investigations of alleged racial
discrimination.
c. If the board decides to attempt to investigate or inspect an
establishment, the president or a designee will prepare, and submit
a report of findings, and recommendations at the next meeting. This
procedure will ensure complete, and documented information
concerning questionable adverse conditions.
d. When the board concludes that conditions adverse to Armed
Forces personnel do exist, the owner or manager will be sent a
letter of notification (Annex A). This letter will advise him or her
to raise standards by a specified date, and, if such conditions or
practices continue, off-limits proceedings will be initiated. Any
correspondence with the individuals responsible for adverse
conditions, which may lead to off-limits action, will be by
certified mail.
e. If a proprietor takes remedial action to correct undesirable
conditions previously noted, the board should send a letter of
appreciation (Annex B) recognizing this cooperation.
f. If undesirable conditions are not corrected, the proprietor
will be invited to appear before the AFDCB to explain why the
establishment should not be placed off-limits (Annex C). Any
proprietor may designate in writing a representative to appear
before the board in his or her behalf.
g. In cases where proprietors have been invited to appear before
the board, the president of the board will perform the following--
(1) Prior to calling the proprietor--
(a) Review the findings and decision of the previous meeting.
(b) Call for inspection reports.
(c) Allow those present to ask questions and discuss the case.
(2) When the proprietor or his or her representative is called
before the board--
(a) Present the proprietor with a brief summary of the complaint
concerning the establishment.
(b) Afford the proprietor an opportunity to present matters in
defense.
(c) Invite those present to question the proprietor. After the
questioning period, provide the proprietor an opportunity to make a
final statement before being dismissed.
(3) Deliberations on recommended actions will be in closed
session, attended only by board members.
h. The board should recommend an off-limits restriction only
after the following:
(1) The letter of notification (Annex A) has been sent.
(2) An opportunity for the proprietor to appear before the board
has been extended.
(3) Further investigation indicates that improvements have not
been made.
i. The minutes will indicate the AFDCB's action in each case.
When a recommendation is made to place an establishment off-limits,
the minutes will show the procedural steps followed in reaching the
decision.
j. Recommendations of the AFDCB will be submitted to the
sponsoring commander for consideration. The recommendations will
then be forwarded to other installation commanders who are
represented on the board (Annex D). If no objection to the
recommendations is received within 10 days, the sponsoring commander
will approve or disapprove the recommendations and forward the
decision to the AFDCB president.
k. Upon approval of the AFDCB's recommendations, the president
will write the proprietor that the off-limits restriction has been
imposed (Annex E).
l. A time limit should not be specified when an off-limits
restriction is revoked. The adequacy of the corrective action taken
by the proprietor of the establishment must be the determining
factor in removing the off-limits restriction.
m. Military authorities may not post off-limits signs or notices
on private property.
n. In emergencies, commanders may temporarily declare
establishments or areas off-limits to service members subject to
their jurisdiction. The circumstances for the action will be
reported as soon as possible to the commander sponsoring the board.
Detailed justification for this emergency action will be provided to
the board for its deliberations.
o. Appropriate installation commanders will publish a list of
off-limits establishments and areas using command and media
channels.
A-7. Removal of off-limits restrictions.
a. Removal of an off-limits restriction requires AFDCB action.
Proprietors of establishments declared off-limits should be advised
that they may appeal to the appropriate AFDCB at any time. In their
appeal they should submit the reason why the restriction should be
removed. A letter of notification for continuance of the off-limits
restriction should be sent to the proprietor if the AFDCB does not
remove the off-limits restriction (Annex F). The proprietor may
appeal to the next higher commander if not satisfied with
continuance after exhausting all appeals at the local sponsoring
commander level. Boards should make at least quarterly inspections
of off-limits establishments. A statement that an inspection has
been completed should be included in AFDCB minutes.
b. When the board learns that the proprietor has taken adequate
corrective measures, the AFDCB will take the following actions:
(1) Discuss the matter at the next meeting and make an
appropriate recommendation.
(2) Forward a recommendation for removal of the off-limits
restriction to the sponsoring commander. If approved, a letter
removing
[[Page 41647]]
the restriction (Annexes G & H) will be sent to the proprietor.
(3) The minutes will reflect action taken.
A-8. Duties of the AFDCB president.
The president of the AFDCB will--
a. Schedule and preside at all AFDCB meetings.
b. Provide an agenda to each voting member at least 72 hours
prior to the meeting.
c. Ensure records, minutes, and correspondence are prepared,
distributed, and maintained per Sec. 631.10(d).
A-9. Commanders.
The installation commander, and commanders within an AFDCB's
area of responsibility must be thoroughly acquainted with the
mission and services provided by AFDCBs. AFDCB members should keep
their respective commanders informed of command responsibilities
pertaining to AFDCB functions and actions.
A-10. Public affairs.
a. Due to the sensitive nature of the subject matter, there will
not be a media release in connection with AFDCB meetings. However,
any AFDCB proceeding, which is open to the public, will also be open
to representatives of the news media. Representatives of the news
media will be considered observers, and will not participate in
matters considered by the AFDCB. Members of the news media may be
invited to participate in an advisory status in coordination with
the public affairs office.
b. News media interviews and releases will be handled through
the public affairs office according to applicable Service parts.
A-11. Minutes.
a. Minutes will be prepared in accordance with administrative
formats for minutes of meetings prescribed by the Service of the
sponsoring commander (Annex I). The written minutes of AFDCB
meetings will constitute the official record of the AFDCB
proceedings. Verbatim transcripts of board meetings are not
required. The reasons for approving or removing an off-limits
restriction, to include a complete address of the establishment or
area involved, should be indicated in the order of business. In
addition, the AFDCB's action will be shown in the order or sequence
of actions taken. A change in the name of an establishment or areas
in an off-limits restriction will also be included.
b. Distribution of the minutes of AFDCB meetings will be limited
to the following--
(1) Each voting member, sponsoring command, and commands and
installations represented by the board.
(2) Each civilian and military advisory member, if deemed
appropriate.
(3) Civilian and Government agencies within the State in which
member installations are located having an interest in the functions
of the board, if appropriate.
c. AFDCB minutes are subject to release and disclosure in
accordance with applicable Service parts and directives.
d. Minutes and recommendations of the board will be forwarded to
the sponsoring commander for approval.
Annex A--Letter of Notification
(Letterhead)
(Appropriate AFDCB)
Proprietor
Dear Sir: This letter is to inform you that it has come to the
attention of the Armed Forces Disciplinary Control Board (AFDCB)
that certain conditions reported at your establishment may adversely
affect the (health, safety, or welfare) of members of the Armed
Forces.
The AFDCB is initiating action to determine whether your
establishment (area) should be placed off-limits to members of the
Armed Forces if (cite conditions) are not corrected by (date).
A representative of the AFDCB will visit your establishment to
determine if steps have been taken to correct the conditions
outlined above.
Sincerely,
John J. Smith
Colonel, U.S. Army, President, Armed Forces, Disciplinary Control
Board.
(Note: Use certified mail, return receipt requested if mailed.)
Annex B--Letter of Appreciation
(Letterhead)
(Appropriate AFDCB)
Proprietor
Dear Sir: This is in reference to my letter of (date) concerning
the conditions(s) reported at your establishment which adversely
affected the health and welfare of members of the Armed Forces.
The Board appreciates your action(s) to correct the condition(s)
previously noted and does not contemplate further action with
respect to this specific matter.
Your continued cooperation is solicited.
Sincerely,
John J. Smith
Colonel, U.S. Army, President, Armed Forces Disciplinary Control
Board.
Annex C--Letter of Invitation
(Letterhead)
Proprietor
Dear Sir: This is in reference to my letter of (date) concerning
the condition reported at your establishment which adversely affects
the (health, safety, or welfare) of members of the Armed Forces.
Information has been received by the board which indicates you have
not taken adequate corrective action to eliminate the reported
condition.
Reports presented to the Armed Forces Disciplinary Control Board
(AFDCB) indicate (list and describe conditions).
You are advised that the AFDCB will initiate action to determine
whether your establishment should be declared off-limits to members
of the Armed Forces.
You may appear in person, with or without counsel, before the
AFDCB at its next scheduled meeting on (date, time, and place). At
that time you will have the opportunity to refute the allegation(s),
or to inform the board of any remedial action(s) you have taken or
contemplate taking to correct the condition. It is requested that
you inform the President, of the AFDCB if you plan to attend.
Any questions regarding this matter may be addressed to the
President, Armed Forces Disciplinary Control Board, (address). Every
effort will be made to clarify the matter for you.
Sincerely,
John J. Smith
Colonel, U.S. Army, President, Armed Forces, Disciplinary Control
Board.
(Note: Send certified mail, return receipt requested if mailed.)
Annex D--AFDCB Off-Limits Approval Letter
(Letterhead)
Office Symbol
MEMORANDUM FOR (Commanders of Supported Installations)
SUBJECT: Establishments or Areas Recommended for Off-Limits
Designation
1. On (date), the Armed Forces Disciplinary Control Board
(AFDCB) recommended imposition of the following off-limits
restrictions: (name and address of establishment)
2. Commanders furnishing AFDCB representatives are requested to
provide any comments within 10 days as to whether (name of
establishment or area) should be placed off-limits.
3. A copy of the AFDCB minutes and recommendation is enclosed.
FOR THE (SPONSORING) COMMANDER:
Sincerely,
John J. Smith
Colonel, U.S. Army, President, Armed Forces, Disciplinary Control
Board.
Encl
Annex E--Letter of Declaration of Off-Limits
Proprietor
Dear Sir: This letter is to inform you that your establishment
has been declared off-limits to members of the Armed Forces
effective (date). Members of the Armed Forces are prohibited from
entering your establishment (premises) as long as this order is in
effect. This action is being taken because of (state the conditions)
which are detrimental to the (health or welfare) of members of the
Armed Forces.
This restriction will remain in effect indefinitely in
accordance with established Armed Forces policy. Removal of the
restriction will be considered by the Armed Forces Disciplinary
Control Board upon presentation of information that satisfactory
corrective action has been taken.
Correspondence appealing this action may be submitted to the
President, Armed Forces Disciplinary Control Board, (cite address).
Sincerely,
John J. Smith
Colonel, U.S. Army, President, Armed Forces Disciplinary Control
Board.
Annex F--AFDCB Letter of Notification of Continuance of Off-Limits
Restrictions After Appearance before the AFDCB
(Letterhead)
Proprietor
Dear Sir: The Armed Forces Disciplinary Control Board (AFDCB)
did not favorably
[[Page 41648]]
consider your request for removal of the off-limits restriction now
in effect at your establishment.
This decision does not preclude further appeals or appearances
before the AFDCB at any of its scheduled meetings. Correspondence
pertaining to this matter should be addressed to the President,
Armed Forces Disciplinary Control Board, (cite address).
Sincerely,
John J. Smith
Colonel, U.S. Army, President, Armed Forces Disciplinary Control
Board.
Annex G--AFDCB Letter of Removal of Off-Limits Restriction
(Letterhead)
Proprietor
Dear Sir: This letter is to inform you that the off-limits
restriction against (name of establishment) is removed effective
(date). Members of the Armed Forces are permitted to patronize your
establishment as of that date.
The corrective actions taken in response to the concerns of the
Armed Forces Disciplinary Control Board are appreciated.
Sincerely,
John J. Smith
Colonel, U.S. Army, President, Armed Forces Disciplinary Control
Board.
Annex H--AFDCB Notification of Removal of Off-Limits Restriction
(Letterhead)
Proprietor
Dear Sir: This letter is to inform you that your request for
removal of the off-limits restriction now in effect at (name of
establishment) was favorably considered by the Armed Forces
Disciplinary Control Board (AFDCB).
This restriction will be removed effective (date). Members of
the Armed Forces will be permitted to patronize your establishment
as of that date.
The corrective actions taken in response to the concerns of the
AFDCB are appreciated.
Sincerely,
John J. Smith
Colonel, U.S. Army, President, Armed Forces Disciplinary Control
Board.
Annex I--Format for AFDCB Meeting Minutes
(Letterhead)
MEMORANDUM FOR
SUBJECT: Armed Forces Disciplinary Control Board
1. Pursuant to authority contained in AR 190-24/AFI 31-213/
OPNAVINST 1620.2A/MCO 1620.2C/and COMDTINST 1620.1D, Armed Forces
Disciplinary Control Boards and Off-Installation Liaison and
Operations, the (area) Armed Forces Disciplinary Control Board
convened at (place), (date)
2. The following voting members were present: (List names,
titles, and addresses.)
3. The following military members were present: (List names,
titles, and addresses.)
4. The following civilian advisory members were present: (List
names, titles, and addresses.)
5. Order of business:
a. Call to order.
b. Welcome.
c. Introduction of members and guests.
d. Explanation of purpose of board.
e. Reading of minutes.
f. Unfinished or continuing business.
g. New business (subparagraph as necessary).
h. Recommendations.
(1) List of areas and establishments being placed in an off-
limits restriction. Include complete name and address (or adequate
description of an area) of any establishment listed.
(2) List of areas and establishments being removed from off-
limits restrictions. Include complete name and address (or adequate
description of an area) of any establishment listed.
(3) Other matters or problems of mutual concern.
i. Time, date, and place for next board meeting.
j. Adjournment of the board.
(Board Recorder's Name)
(Rank, Branch of Service)
Recorder, Armed Forces
Disciplinary Control Board
Approved:
(Board President's Name)
(Rank, Branch of Service)
President, Armed Forces Disciplinary Control Board.
(Note: The minutes of the board proceedings will be forwarded by
official correspondence from the board president to the sponsoring
commander for approval of the board's recommendations. By return
endorsement, the sponsoring commander will either approve or
disapprove the board's recommendations.)
[FR Doc. 05-14213 Filed 7-19-05; 8:45 am]
BILLING CODE 3710-08-P
