Armed Forces Disciplinary Control Boards and Off-Installation Liaison and Operations, 60728-60735 [05-20903]

Download as PDF 60728 Federal Register / Vol. 70, No. 201 / Wednesday, October 19, 2005 / Rules and Regulations in an appropriate United States district court if the subject desires to do so. Upon expiration of the above mentioned time period and in the absence of any filing or challenge by the subject, you will be furnished a certification certifying in writing that the applicable provisions of the Act have been complied with prior to obtaining the requested records. Upon your receipt of a Certificate of Compliance with the Right to Financial Privacy Act of 1978, you will be relieved of any possible liability to the subject in connection with the disclosure of the requested financial records. (Official Signature Block) lllllllll Appendix E to Part 504—Customer Notice of Formal Written Request—Sample Format (Official Letterhead) (Date) llllllllllllllllll Mr./Ms. lllllllllllllllll 1500 N. Main Street, Washington, DC 20314. Dear Mr./Ms. __: Information or records concerning your transactions held by the financial institution named in the attached request are being sought by the (agency/ department) in accordance with the Right to Financial Privacy Act of 1978, section 3401 et seq., Title 12, United States Code, and Army Regulation 190–6, for the following purpose(s): lllllllllllllllllllll (List the purpose(s)) If you desire that such records or information not be made available, you must do the following: a. Fill out the accompanying motion paper and sworn statement or write one of your own— (1) Stating that you are the customer whose records are being requested by the Government. (2) Giving the reasons you believe that the records are not relevant or any other legal basis for objecting to the release of the records. b. File the motion and statement by mailing or delivering them to the clerk of any one of the following United States District Courts: lllllllllllllllllllll (List applicable courts) c. Mail or deliver a copy of your motion and statement to the requesting authority: (give title and address). d. Be prepared to come to court and present your position in further detail. You do not need to have a lawyer, although you may wish to employ one to represent you and protect your rights. If you do not follow the above procedures, upon the expiration of (10 days from the date of personal service) (14 days from the date of mailing) of this notice, the records or information requested therein may be made available. These records may be transferred to other Government authorities for legitimate law enforcement inquiries, in which event you will be notified after the transfer if such transfer is made. 3 Enclosures (see para ll) VerDate Aug<31>2005 15:41 Oct 18, 2005 Jkt 208001 (Signature) lllllllllllllll because the final rule does not include BILLING CODE 3710–08–P 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. DEPARTMENT OF DEFENSE D. National Environmental Policy Act Department of the Army The Department of the Army has determined that the National Environmental Policy Act does not apply because the final rule does not have an adverse impact on the environment. [FR Doc. 05–20904 Filed 10–18–05; 8:45 am] 32 CFR Part 631 RIN 0702–AA50 Armed Forces Disciplinary Control Boards and Off-Installation Liaison and Operations Department of the Army, DoD. ACTION: Final rule. AGENCY: SUMMARY: The Department of the Army is publishing a revision to our rule concerning armed forces disciplinary control boards and off-installation liaison and operations. The regulation prescribes uniform policies and procedures for the establishment, and operation of Armed Forces Disciplinary Control Boards, and off-installation liaison and operations. DATES: Effective Date: November 18, 2005. 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: ADDRESSES: A. Background This part 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. The Department of the Army did not receive any responses from potential commentors. B. Regulatory Flexibility Act The Department of the Army has determined that the Regulatory Flexibility Act does not apply because the final 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. E. Paperwork Reduction Act The Department of the Army has determined that the Paperwork Reduction Act does not apply because the final 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 final 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 final rule is not a significant regulatory action. As such, this 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 final rule does 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 final 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. C. Unfunded Mandates Reform Act List of Subjects in 32 CFR Part 631 The Department of the Army has determined that the Unfunded Mandates Reform Act does not apply Alcohol, Business, Discrimination, Health, Investigations, Law enforcement, Military personnel, PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\19OCR1.SGM 19OCR1 Federal Register / Vol. 70, No. 201 / Wednesday, October 19, 2005 / Rules and Regulations § 631.3 Privacy, Safety, Uniform Code of Military Justice. For reasons stated in the preamble the Department of the Army revises part 631 to Subchapter I of Title 32 to read as follows: I 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 Army policy. 631.15 Air Force policy. 631.16 Navy policy. 631.17 Marine Corps policy. 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 § 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. VerDate Aug<31>2005 15:41 Oct 18, 2005 Jkt 208001 Supervision. The following will develop and have staff supervision over AFDCB and offinstallation enforcement policies. (a) 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. (b) U.S. Air Force Director of Security Forces and Force Protection, Department of the Air Force. (c) Director, Naval Criminal Investigative Service. (d) Commandant of the Marine Corps. (e) Commandant of the Coast Guard. (f) Installation commanders are authorized to convene joint service boards within their Army Regulation (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. (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 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 60729 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 of appendix A of this part. (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— E:\FR\FM\19OCR1.SGM 19OCR1 60730 Federal Register / Vol. 70, No. 201 / Wednesday, October 19, 2005 / Rules and Regulations (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. (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. VerDate Aug<31>2005 15:41 Oct 18, 2005 Jkt 208001 (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 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 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 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 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). E:\FR\FM\19OCR1.SGM 19OCR1 Federal Register / Vol. 70, No. 201 / Wednesday, October 19, 2005 / Rules and Regulations 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 subpart 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 (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- VerDate Aug<31>2005 15:41 Oct 18, 2005 Jkt 208001 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. 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. (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 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 60731 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 (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. E:\FR\FM\19OCR1.SGM 19OCR1 60732 Federal Register / Vol. 70, No. 201 / Wednesday, October 19, 2005 / Rules and Regulations (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. (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— VerDate Aug<31>2005 15:41 Oct 18, 2005 Jkt 208001 (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 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. 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. PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 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 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. E:\FR\FM\19OCR1.SGM 19OCR1 Federal Register / Vol. 70, No. 201 / Wednesday, October 19, 2005 / Rules and Regulations 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 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). VerDate Aug<31>2005 17:01 Oct 18, 2005 Jkt 208001 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 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 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 60733 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.) E:\FR\FM\19OCR1.SGM 19OCR1 60734 Federal Register / Vol. 70, No. 201 / Wednesday, October 19, 2005 / Rules and Regulations Annex B—Letter of Appreciation (Letterhead) (Appropriate AFDCB) Proprietor Dear Sir: This is in reference to my letter of (date) concerning the condition(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.) 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: Encl Sincerely, John J. Smith, Colonel, U.S. Army, President, Armed Forces Disciplinary Control Board. 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) Office Symbol Proprietor Dear Sir: The Armed Forces Disciplinary Control Board (AFDCB) did not favorably 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. 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) Annex G—AFDCB Letter of Removal of OffLimits Restriction (Letterhead) Proprietor Dear Sir: Annex D—AFDCB Off-Limits Approval Letter (Letterhead) VerDate Aug<31>2005 15:41 Oct 18, 2005 Jkt 208001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 This letter is to inform you that the offlimits 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 E:\FR\FM\19OCR1.SGM 19OCR1 Federal Register / Vol. 70, No. 201 / Wednesday, October 19, 2005 / Rules and Regulations 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. 05–20903 Filed 10–18–05; 8:45 am] BILLING CODE 3710–08–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [R05–OAR–2005–IN–0003; FRL–7981–8] Approval and Promulgation of Air Quality Implementation Plans; Indiana Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: SUMMARY: The EPA is approving a request from the Indiana Department of Environmental Management (IDEM) to revise the Indiana State Implementation Plan (SIP) in three areas: To amend the definition of ‘‘particulate matter,’’ and ‘‘ambient air quality standards,’’ add new rules consistent with these amended definitions, and amend rules pertaining to sulfur dioxide (SO2) and nitrogen dioxide (NO2) ambient standards; to update the references to the Code of Federal Regulations (CFR) from the 2000 edition to the 2002 edition; and to add ‘‘credible evidence provisions’’ into state rules consistent with federal requirements. DATES: This rule is effective on December 19, 2005, unless EPA receives adverse written comments by November 18, 2005. If EPA receives adverse comments, EPA will publish a timely withdrawal of the rule in the Federal Register and inform the public that the rule will not take effect. ADDRESSES: Submit comments, identified by Regional Material in EDocket (RME) ID No. R05–OAR–2005– IN–0003, by one of the following methods: VerDate Aug<31>2005 15:41 Oct 18, 2005 Jkt 208001 Federal eRulemaking Portal: http:// www.regulations.gov. Follow the online instructions for submitting comments. Agency Web site: http:// docket.epa.gov/rmepub/. Regional RME, EPA’s electronic public docket and comments system, is EPA’s preferred method for receiving comments. Once in the system, select ‘‘quick search,’’ then key in the appropriate RME Docket identification number. Follow the online instructions for submitting comments. E-mail: mooney.john@epa.gov. Fax: (312) 886–5824. Mail: You may send written comments to: John M. Mooney, Chief, Criteria Pollutant Section, (AR–18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Hand delivery: Deliver your comments to: John M. Mooney, Chief, Criteria Pollutant Section, (AR–18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 18th floor, Chicago, Illinois 60604. Such deliveries are only accepted during the Regional Office’s normal hours of operation. The Regional Office’s official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m. excluding Federal holidays. Instructions: Direct your comments to RME ID No. R05–OAR–2005–IN–0003. EPA’s policy is that all comments received will be included in the public docket without change, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through RME, regulations.gov, or e-mail. The EPA RME Web site and the Federal regulations.gov Web site are ‘‘anonymous access’’ systems, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through RME or regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 60735 special characters, any form of encryption, and be free of any defects or viruses. For additional instructions on submitting comments, go to Section I of the SUPPLEMENTARY INFORMATION section of the related proposed rule which is published in the Proposed Rules section of this Federal Register. Docket: All documents in the electronic docket are listed in the RME index at http://docket.epa.gov/rmepub/. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Publicly available docket materials are available either electronically in RME or in hard copy at Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. We recommend that you telephone Julie Henning, Environmental Protection Specialist, at (312) 886–4882 before visiting the Region 5 office. This Facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. FOR FURTHER INFORMATION CONTACT: Julie Henning, Environmental Protection Specialist, State and Tribal Planning Section, Air Programs Branch (AR–18J), U.S. Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886–4882, henning.julie@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean EPA. This supplementary information section is arranged as follows: I. General Information A. How Can I Get Copies of This Document and Other Related Information? B. How and to Whom Do I Submit Comments? II. Background III. What Are the Revisions That the State Requests Be Incorporated Into the SIP? IV. What Action Is EPA Taking Today? V. Statutory and Executive Order Reviews I. General Information A. How Can I Get Copies of This Document and Other Related Information? 1. The Regional Office has established an electronic public rulemaking file available for inspection at RME under ID No. R05–OAR–2005–IN–0003, and a hard copy file which is available for inspection at the Regional Office. The official public file consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public rulemaking E:\FR\FM\19OCR1.SGM 19OCR1

Agencies

[Federal Register Volume 70, Number 201 (Wednesday, October 19, 2005)]
[Rules and Regulations]
[Pages 60728-60735]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-20903]


-----------------------------------------------------------------------

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: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Department of the Army is publishing a revision to our 
rule concerning armed forces disciplinary control boards and off-
installation liaison and operations. The regulation prescribes uniform 
policies and procedures for the establishment, and operation of Armed 
Forces Disciplinary Control Boards, and off-installation liaison and 
operations.

DATES: Effective Date: November 18, 2005.

ADDRESSES: 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:

A. Background

    This part 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. 
The Department of the Army did not receive any responses from potential 
commentors.

B. Regulatory Flexibility Act

    The Department of the Army has determined that the Regulatory 
Flexibility Act does not apply because the final 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 final 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 final 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 final 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 final 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 final rule is not a 
significant regulatory action. As such, this 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 final rule does 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 final 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,

[[Page 60729]]

Privacy, Safety, Uniform Code of Military Justice.


0
For reasons stated in the preamble the Department of the Army revises 
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 Army policy.
631.15 Air Force policy.
631.16 Navy policy.
631.17 Marine Corps policy.
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.
    (a) 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.
    (b) U.S. Air Force Director of Security Forces and Force 
Protection, Department of the Air Force.
    (c) Director, Naval Criminal Investigative Service.
    (d) Commandant of the Marine Corps.
    (e) Commandant of the Coast Guard.
    (f) Installation commanders are authorized to convene joint service 
boards within their Army Regulation (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.
    (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 of appendix A of this part.
    (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--

[[Page 60730]]

    (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 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).

[[Page 60731]]

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 subpart 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.
    (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.

[[Page 60732]]

    (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--
    (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 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.

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.

[[Page 60733]]

    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 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.)

[[Page 60734]]

Annex B--Letter of Appreciation

(Letterhead)

(Appropriate AFDCB)

Proprietor

Dear Sir:

    This is in reference to my letter of (date) concerning the 
condition(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:

Encl

     Sincerely,

John J. Smith,

Colonel, U.S. Army, President, Armed Forces Disciplinary Control 
Board.

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 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

[[Page 60735]]

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. 05-20903 Filed 10-18-05; 8:45 am]
BILLING CODE 3710-08-P