81 FR 3959 - Professional U.S. Scouting Organization Operations at U.S. Military Installations Overseas
DEPARTMENT OF DEFENSE
Office of the Secretary Federal Register Volume 81, Issue 15 (January 25, 2016)
Office of the Secretary
Federal Register Volume 81, Issue 15 (January 25, 2016)
| Page Range | 3959-3962 | |
| FR Document | 2016-01346 |
[Federal Register Volume 81, Number 15 (Monday, January 25, 2016)] [Rules and Regulations] [Pages 3959-3962] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-01346] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Office of the Secretary 32 CFR Part 252 [Docket ID: DOD-2012-OS-0170] RIN 0790-AI98 Professional U.S. Scouting Organization Operations at U.S. Military Installations Overseas AGENCY: Under Secretary of Defense for Personnel and Readiness, DoD. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This rule updates policy and outlines fiscal and logistical support the DoD may provide to qualified scouting organizations operating on U.S. military installations overseas based on Executive Order 12715, Support of Overseas Scouting Activities for Military Dependents, and pertinent statutes as discussed below. It is DoD policy to cooperate with and assist qualified scouting organizations in establishing and providing facilities and services, within available resources, at locations outside the United States to support DoD personnel and their families. DATES: This rule is effective February 24, 2016. FOR FURTHER INFORMATION CONTACT: Mr. Chris Wright, 703-588-0172. SUPPLEMENTARY INFORMATION: The Department of Defense published a proposed rule on November 24, 2014 (79 FR 69777-69781), with a request for public comments. The 60-day public comment period ended on January 23, 2015. One public comment was received. This comment is addressed as follows: Comment: It is my opinion that this unchecked support of the scouting organizations violates the Establishment Clause of Amendment I to the United States Constitution. The Boy Scouts have acted as a religious organization by using religion as a reason to exclude gay scout leaders. Providing facilities and equipment free of charge effectively supports this effort and therefore violates the Establishment Clause. I wholeheartedly do not support this rule change. Response: During litigation, the Department of Defense (DoD), along with the Department of Justice, has consistently defended the legality of the statutorily authorized support to the Boy Scouts of America (BSA) and other organizations. In briefs, the Government has argued that: (1) The BSA is a civic organization, which focuses on citizenship training, community service and outdoor activities and physical fitness; (2) DoD support to the BSA has advanced several compelling military purposes; and (3) DoD support to the BSA does not result in Government indoctrination or endorsement of religion. Executive Summary I. Purpose of the Regulatory Action This rule provides that support provided by DoD is documented in written agreements and signed by the appropriate regional combatant commander. Also, it would require installation-specific support and services to be based on a written agreement and signed by the installation commander or designee. These agreements will replace the need for these organizations to submit individual articles of incorporation, written constitutions, charters, or articles of agreement to gain approval from the installation commander to operate on the installation. In addition to Executive Order 12715, Title 10 of the United [[Page 3960]] States Code specifies the DoD's authority to issue rules in this area. Title 10, U.S.C., section 2606 provides that: The Secretary may collaborate with qualified scouting organizations in establishing and providing facilities and services for members of the armed forces and their dependents, and civilian employees of the Department of Defense and their dependents, at locations outside the United States. Qualified scouting organizations may be furnished support such as some transportation support, available office space, warehousing, utilities, supplies and a means of communication, without charge. The Secretary may reimburse a qualified scouting organization for all or part of the pay of an employee of that organization for any period during which the employee was performing services, however any such reimbursement may not be made from appropriated funds. Employees of a qualified scouting organization will not be considered to be employees of the United States, and the term ``qualified scouting organization'' means the Girl Scouts of the United States of America and the Boy Scouts of America. Title 10, U.S.C., section 2554 provides that: The Secretary of Defense is authorized to lend to the Boy Scouts of America without reimbursement, for the use and accommodation of Scouts, Scouters, and officials who attend any national or world Boy Scout Jamboree, items such as cots, blankets, commissary equipment, flags, refrigerators, and other equipment. Additionally, expendable medical supplies and services, as may be necessary or useful to the extent that items are in stock and items or services are available, can be provided at no expense to the United States Government for the delivery, return, rehabilitation, or replacement of such items. Before delivering such property, the Secretary of Defense will take good and sufficient bond for the safe return of such property in good order and condition, and the whole without expense to the United States. The Secretary of Defense is also authorized to provide, without expense to the United States Government, transportation from the United States or military commands overseas, and return, on vessels of the Military Sealift Command or aircraft of the Air Mobility Command for Boy Scouts, Scouters, and officials certified by the Boy Scouts of America, as representing the Boy Scouts of America at any national or world Boy Scout Jamboree to the extent that such transportation will not interfere with the requirements of military operations. The Secretary of Defense shall take from the Boy Scouts of America, a good and sufficient bond for the reimbursement to the United States, of the actual costs of transportation. If a Boy Scout Jamboree is held on a military installation, the Secretary of Defense may provide personnel services and logistical support at the military installation in addition to the support previously stated. Other departments of the Federal Government are authorized, under such regulations as may be prescribed by the Secretary thereof, to provide to the Boy Scouts of America equipment and other services under the same conditions and restrictions prescribed in the preceding subsections for the Secretary of Defense. The Secretary of Defense shall provide at least the same level of support for a national or world Boy Scout Jamboree as was provided for the preceding national or world Boy Scout Jamboree. The Secretary of Defense may waive all support if it determines that providing the support would be detrimental to the national security of the United States. Title 10, U.S.C., section 2555 provides: The Secretary of Defense is authorized to provide, without expense to the United States Government, transportation from the United States or military commands overseas, and return, on vessels of the Military Sealift Command or aircraft of the Air Mobility Command for Girl Scouts and officials certified by the Girl Scouts of the United States of America at any International World Friendship Event or Troops on Foreign Soil meeting which is endorsed and approved by the National Board of Directors of the Girl Scouts of the United States of America and is conducted outside of the United States. Support is also authorized for United States citizen delegates coming from outside of the United States to triennial meetings of the National Council of the Girl Scouts of the United States of America, and for the equipment and property of Girl Scouts and officials, to the extent that such transportation will not interfere with the requirements of military operations. Before furnishing any transportation, the Secretary of Defense shall take from the Girl Scouts of the United States of America a good and sufficient bond for the reimbursement to the United States by the Girl Scouts of the United States of America, of the actual costs of transportation furnished. Amounts paid to the United States to reimburse it for the actual costs of transportation furnished will be credited to the current applicable appropriations or funds to which such costs were charged and shall be available for the same purposes as such appropriations or funds. Executive Order 12715, May 3, 1990, 55 FR 19051, discusses the cooperation and assistance authorized by section 2606(a) of title 10, and requires the Secretary of Defense to issue regulations concerning support. II. Summary of the Major Provisions of the Regulatory Action in Question This rule discusses the types of support DoD installation commanders are authorized to provide, ensures appropriated fund (APF) and non-appropriated fund (NAF) assets are used correctly, and requires the cost of the support provided to be shared by each of the Military Services in proportion to benefits derived by their members from overseas scouting programs. III. Costs and Benefits Program costs are less than $700,000 per year, consisting primarily of salaries, transportation costs, and supplies to support scouting programs that directly complement and improve quality of life programming for military families overseas. Retrospective Review This rule is part of DoD's retrospective plan, completed in August 2011, under Executive Order 13563, ``Improving Regulation and Regulatory Review.'' DoD's full plan and updates can be accessed at: http://www.regulations.gov/#!docketDetail;dct=FR+PR+N+O+SR;rpp=10;po=0;D=DOD-2011-OS-0036. Executive Order 12866, ``Regulatory Planning and Review'' and Executive Order 13563, ``Improving Regulation and Regulatory Review'' Executive Orders 13563 and 12866 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distribute impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has been designated a nonsignificant regulatory action and not economically significant under section 3(f) of Executive Order 12866. The rule has been reviewed by the Office of Management and Budget (OMB). Sec. 202, Pub. L. 104-4, ``Unfunded Mandates Reform Act'' Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) [[Page 3961]] (Pub. L. 104-4) requires agencies assess anticipated costs and benefits before issuing any rule whose mandates require spending in any 1 year of $100 million in 1995 dollars, updated annually for inflation. In 2014, that threshold is approximately $141 million. This interim final rule will not mandate any requirements for State, local, or tribal governments, nor will it affect private sector costs. Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601) This rule will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35) This rule does not impose reporting or recordkeeping requirements under the Paperwork Reduction Act of 1995. Executive Order 13132, ``Federalism'' DoD has determined this final rule would not have federalism implications under Executive Order 13132. It does not have a substantial direct 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. List of Subjects in 32 CFR Part 252 Military installations, Military personnel, Scout organizations. Accordingly 32 CFR part 252 is added to read as follows: PART 252--PROFESSIONAL U.S. SCOUTING ORGANIZATION OPERATIONS AT U.S. MILITARY INSTALLATIONS OVERSEAS Sec. 252.1 Purpose. 252.2 Applicability. 252.3 Definitions. 252.4 Policy. 252.5 Responsibilities. 252.6 Procedures. Authority: E.O. 12715, May 3, 1990, 55 FR 19051; 10 U.S.C. 2606, 2554, and 2555. Sec. 252.1 Purpose. This part updates policy and outlines fiscal and logistical support that the DoD may provide to qualified scouting organizations operating on U.S. military installations overseas. Sec. 252.2 Applicability. This part applies to the Office of the Secretary of Defense, the Military Departments, the Office of the Chairman of the Joint Chiefs of Staff and the Joint Staff, the combatant commands, the Office of the Inspector General of the Department of Defense, the Defense Agencies, the DoD Field Activities, and all other organizational entities within the DoD (referred to collectively in this part as ``the DoD Components''). Sec. 252.3 Definitions. These terms and their definitions are for the purposes of this part. DoD personnel and their families. Members of the Military Services and their family members and DoD civilian employees and their family members. Military Services. The Army, Navy, Air Force, and Marine Corps. Qualified scouting organization. The Girl Scouts of the United States of America (GSUSA) and the Boy Scouts of America (BSA). Sponsored organization or sponsored council. Scouting organizations or councils authorized to operate as scouting affiliates on military installations. Sec. 252.4 Policy. It is DoD policy to cooperate with and assist qualified scouting organizations in establishing and providing facilities and services, within available resources, at locations outside the United States to support DoD personnel and their families in accordance with 10 U.S.C. 2606, 2554, and 2555 and Executive Order 12715, ``Support of Overseas Scouting Activities for Military Dependents''. Sec. 252.5 Responsibilities. (a) The Under Secretary of Defense for Personnel and Readiness (USD(P&R)) oversees development and implementation of this part. (b) The DoD Component heads implement this part and comply with its provisions. (c) In addition to the responsibilities in paragraph (b) of this section and acting as the DoD Executive Agent for DoD support to the BSA and GSUSA local councils and organizations in areas outside of the United States in accordance with 32 CFR part 212, the Secretary of the Army: (1) Makes policy determinations in coordination with the other Military Department Secretaries regarding topics including, but not limited to, support that: (i) DoD installation commanders are authorized to provide to the scouting program and personnel. (ii) The scouting organization provides to DoD. (2) Ensures accountability for appropriated fund (APF) and non- appropriated fund (NAF) assets used in the support of qualified scouting organizations. (3) Provides input for and works with the scouting organizations in establishing the extent and scope of the annual scouting programs in support of DoD personnel and their families within the parameters established in this part and available resources. (4) Ensures that the cost of the support provided is shared by each of the Military Services in proportion to benefits derived by their members from scouting programs overseas. Sec. 252.6 Procedures. (a) General guidance. (1) Support provided by DoD and services provided by qualified scouting organizations is documented in a written agreement and signed by the appropriate regional combatant commander or designee. Installation-specific support and services are documented in a written agreement and signed by the installation commander or designee. This agreement replaces the need for qualified scouting organizations to submit individual articles of incorporation, written constitutions, charters, or articles of agreement to gain approval from the installation commander to operate on the installation as required by 32 CFR part 212. (2) Overseas installation commanders may authorize DoD support for qualified scouting organizations outside the United States when: (i) Support is permitted under international agreements with the host nation, if applicable. (ii) Support is permitted pursuant to law and DoD issuances. (iii) Such support is within the capabilities of their respective installations. (iv) Providing such support will not impede fulfillment of the military mission. (3) Committees composed of representatives of the Military Services will be formed to review annual qualified scouting organization budget requirements. (4) Overseas scouting committees will provide the overseas scouting organizations with information on the scouting requirements of DoD personnel and will monitor and evaluate the scouting organizations' efforts to satisfy those requirements. (5) Funds raised by the scouting organizations, as a non-Federal entity, cannot be commingled with NAF funds and will be made available for annual audits. (6) Employees of a qualified scouting organization are not considered to be U.S. Government employees, or [[Page 3962]] employees of an instrumentality of the United States for the purpose of benefits or entitlements. (i) APF and NAFs are not used to reimburse their salaries and benefits. (ii) They are not entitled to participate in the NAF retirement fund. (iii) Serving in those positions does not constitute NAF employment credit or produce rehire priority. (7) These organizations generally are not covered under the terms of United States' Status of Forces or other relevant agreements with host nations. (i) Questions regarding whether they are covered under such agreements should be referred to the legal office servicing the applicable command. Applicability of any relevant agreements would be addressed with the host nation only by the applicable command, and not the organization. (ii) To the extent the organization is not covered under any relevant agreement, host nation laws apply. In all cases, the host nation will determine the scope and extent of the applicability of host nation laws to these employees. (b) Funding guidance. (1) Any APF and NAF support provided will be programmed and approved on an annual basis by the DoD Components. NAF support is authorized for youth activities programs in accordance with DoD Instruction 1015.15, ``Establishment, Management, and Control of Nonappropriated Fund Instrumentalities and Financial Management of Supporting Resources'' (available at http://www.dtic.mil/whs/directives/corres/pdf/101515p.pdf) and for qualified scouting organizations in accordance with paragraph (b)(5) of this section. (2) APF may be used in conjunction with overseas scouting organizations. The following services may be provided on a non- reimbursable basis: (i) Transportation of executive personnel (to include household goods and baggage) of qualified scouting organizations: (A) When on invitational travel orders. (B) To and from overseas assignments. (C) While providing scouting support to DoD personnel and their families. Transportation of supplies of qualified scouting organizations necessary to provide such support may also be provided. (ii) Office space where regular meetings can be conducted, and space for recreational activities. (iii) Warehousing. (iv) Utilities. (v) Means of communication. (3) DoD may provide the following additional support to scouting executives assigned overseas: (i) Pursuant to section API 3.18 of DoD 4525.6-M, ``Department of Defense Postal Manual'' (available at http://www.dtic.mil/whs/directives/corres/pdf/452506m.pdf), access to use Military Services postal services is authorized. (ii) Pursuant to section 4.3.2.2.2 of Department of Defense Education Activity Regulation 1342.13, ``Eligibility Requirements for Education of Elementary and Secondary School-age Dependents in Overseas Areas'' (available at http://www.dodea.edu/Offices/Regulations/index.cfm), access to DoD Dependents Schools (overseas) may be provided on a space-available, tuition-paying basis. (iii) Pursuant to 32 CFR part 230, use of military banking facilities operated under DoD contracts is authorized. (iv) Pursuant to DoD Instruction 1015.10, ``Military Morale, Welfare, and Recreation (MWR) Programs'' (available at http://www.dtic.mil/whs/directives/corres/pdf/101510p.pdf), the use of morale, welfare, and recreation programs may be provided. (v) Pursuant to 32 CFR part 161, medical care in uniformed services facilities on a space-available basis at rates specified in uniformed services instructions, with charges collected locally, is authorized. (vi) Pursuant to Office of Management and Budget Circular A-45, ``Rental and Construction of Government Quarters'' (available at http://www.whitehouse.gov/omb/circulars_a045) and subparagraph 2.c(1)(e) of DoD 4165.63-M, ``DoD Housing Management'' (available at http://www.dtic.mil/whs/directives/corres/pdf/416563m.pdf), when DoD-sponsored civilian personnel serving DoD military installations at foreign locations cannot obtain suitable housing in the vicinity of an installation, they and their families may occupy DoD housing on a rental basis. The Military Service determines the priority of such leasing actions. These civilians are required to pay the established rental rate in accordance with DoD 4165.63-M and Military Service guidance. (vii) Pursuant to DoD Instruction 1330.17, ``DoD Commissary Program'' (available at http://www.dtic.mil/whs/directives/corres/pdf/133017p.pdf), overseas installation commanders or Secretaries of the Military Departments may extend commissary access through official support agreements. (viii) Pursuant to DoD Instruction 1330.21, ``Armed Services Exchange Regulations'' (available at http://www.dtic.mil/whs/directives/corres/pdf/133021p.pdf), the Secretaries of the Military Departments may grant Armed Forces Exchange deviations with regard to authorized patron privileges for individuals or classes and groups of persons at specific installations when based on alleviating individual hardships. (4) NAF may be used in conjunction with qualified scouting organizations to: (i) Reimburse for salaries and benefits of employees of those organizations for periods during which their professional scouting employees perform services in overseas areas in direct support of DoD personnel and their families. (ii) Reimburse travel to and from official meetings of the overseas scouting committee upon approval from the appropriate combatant commander. (5) The total amount of NAF support for the scouting program must not exceed 70 percent of the total cost of the scouting program. Dated: January 20, 2016. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 2016-01346 Filed 1-22-16; 8:45 am] BILLING CODE 5001-06-P
![Federal Register / Vol. 81, No. 15 / Monday, January 25, 2016 / Rules and Regulations 3959
cost of training (0.5 hours or about $10). effects on one or more Indian tribes; will services, within available resources, at
The cost of compliance for these firms, not impose substantial direct locations outside the United States to
which appear to have between 5 and 25 compliance costs on Indian tribal support DoD personnel and their
employees, not all of whom would need governments; and will not preempt families.
to be trained, is less than $200 and in tribal law. Therefore, a tribal summary DATES: This rule is effective February
most cases, less than $100. The smallest impact statement is not required. 24, 2016.
mail order pharmacies (those with fewer
Congressional Review Act FOR FURTHER INFORMATION CONTACT: Mr.
than five employees) have average
annual sales of $1 million. The cost of This rule is not a major rule as Chris Wright, 703–588–0172.
compliance is, therefore, less than 0.1 defined by section 804 of the Small SUPPLEMENTARY INFORMATION: The
percent of sales and would not impose Business Regulatory Enforcement Department of Defense published a
a significant economic burden on any Fairness Act of 1996 (Congressional proposed rule on November 24, 2014
small entity. Review Act). This rule will not result in (79 FR 69777–69781), with a request for
The DEA received no public an annual effect on the economy of $100 public comments. The 60-day public
comments with respect to the interim million or more. It will not cause a comment period ended on January 23,
final rule and the DEA has not received major increase in costs or prices; or 2015. One public comment was
any other information that would significant adverse effects on received. This comment is addressed as
materially change the impact of this rule competition, employment, investment, follows:
on small entities. Therefore, the DEA productivity, innovation, or on the Comment: It is my opinion that this
concludes this rulemaking will not have ability of the United States-based unchecked support of the scouting
a significant economic impact on a companies to compete with foreign- organizations violates the Establishment
substantial number of small entities. based companies in domestic and Clause of Amendment I to the United
export markets. States Constitution. The Boy Scouts
Unfunded Mandates Reform Act of 1995 have acted as a religious organization by
This rule will not impose unfunded List of Subjects in 21 CFR Part 1314
using religion as a reason to exclude gay
mandates as defined by the Unfunded Drug traffic control, Reporting and scout leaders. Providing facilities and
Mandates Reform Act of 1995 (Pub. L. recordkeeping requirements. equipment free of charge effectively
104–4, 109 Stat. 48). This rule will not Accordingly, the interim final rule supports this effort and therefore
result in the expenditure by State, local amending 21 CFR part 1314 which was violates the Establishment Clause. I
and tribal governments, in the aggregate, published at 76 FR 20518 on April 13, wholeheartedly do not support this rule
or by the private sector, of $100 million 2011, is adopted as a final rule without change.
or more in any one year, and it will not change. Response: During litigation, the
significantly or uniquely affect small Dated: January 19, 2016. Department of Defense (DoD), along
governments. Therefore no actions were Louis J. Milione, with the Department of Justice, has
deemed necessary under the provisions consistently defended the legality of the
Deputy Assistant Administrator, Office of
of the Unfunded Mandates Reform Act Diversion Control. statutorily authorized support to the
of 1995. Boy Scouts of America (BSA) and other
[FR Doc. 2016–01377 Filed 1–22–16; 8:45 am]
E.O. 12988 (Civil Justice Reform) organizations. In briefs, the Government
BILLING CODE 4410–09–P
has argued that: (1) The BSA is a civic
This regulation meets the applicable organization, which focuses on
standards set forth in section 3(a) and citizenship training, community service
3(b)(2) of Executive Order 12988 Civil DEPARTMENT OF DEFENSE and outdoor activities and physical
Justice Reform. fitness; (2) DoD support to the BSA has
Office of the Secretary
Executive Order 13132 (Federalism) advanced several compelling military
32 CFR Part 252 purposes; and (3) DoD support to the
This rulemaking has been analyzed in BSA does not result in Government
accordance with the principles and [Docket ID: DOD–2012–OS–0170] indoctrination or endorsement of
criteria contained in Executive Order religion.
13132, and the DEA has determined that RIN 0790–AI98
this action does not have sufficient Executive Summary
Professional U.S. Scouting
federalism implications to warrant the I. Purpose of the Regulatory Action
Organization Operations at U.S.
preparation of a federalism summary
Military Installations Overseas This rule provides that support
impact statement. This rulemaking does
not impose enforcement responsibilities AGENCY: Under Secretary of Defense for provided by DoD is documented in
on any State; nor does it diminish the Personnel and Readiness, DoD. written agreements and signed by the
power of any State to enforce its own ACTION: Final rule. appropriate regional combatant
laws. The requirements of this rule are commander. Also, it would require
mandated under the MEA, and the DEA SUMMARY: This rule updates policy and installation-specific support and
has no authority to alter them or change outlines fiscal and logistical support the services to be based on a written
the preemption. Accordingly, this DoD may provide to qualified scouting agreement and signed by the installation
rulemaking does not have federalism organizations operating on U.S. military commander or designee. These
implications warranting the application installations overseas based on agreements will replace the need for
mstockstill on DSK4VPTVN1PROD with RULES
of Executive Order 13132. Executive Order 12715, Support of these organizations to submit individual
Overseas Scouting Activities for articles of incorporation, written
Executive Order 13175 (Tribal Military Dependents, and pertinent constitutions, charters, or articles of
Consultation) statutes as discussed below. It is DoD agreement to gain approval from the
The DEA has analyzed this action policy to cooperate with and assist installation commander to operate on
under Executive Order 13175 and this qualified scouting organizations in the installation. In addition to Executive
rule will not have substantial direct establishing and providing facilities and Order 12715, Title 10 of the United
VerDate Sep<11>2014 13:57 Jan 22, 2016 Jkt 238001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\25JAR1.SGM 25JAR1](https://thefederalregister.org/doc/81_FR_3974/page/1.svg)
![3962 Federal Register / Vol. 81, No. 15 / Monday, January 25, 2016 / Rules and Regulations
employees of an instrumentality of the (i) Pursuant to section API 3.18 of to authorized patron privileges for
United States for the purpose of benefits DoD 4525.6–M, ‘‘Department of Defense individuals or classes and groups of
or entitlements. Postal Manual’’ (available at http:// persons at specific installations when
(i) APF and NAFs are not used to www.dtic.mil/whs/directives/corres/pdf/ based on alleviating individual
reimburse their salaries and benefits. 452506m.pdf), access to use Military hardships.
(ii) They are not entitled to participate Services postal services is authorized. (4) NAF may be used in conjunction
in the NAF retirement fund. (ii) Pursuant to section 4.3.2.2.2 of with qualified scouting organizations to:
(iii) Serving in those positions does Department of Defense Education (i) Reimburse for salaries and benefits
not constitute NAF employment credit Activity Regulation 1342.13, ‘‘Eligibility of employees of those organizations for
or produce rehire priority. Requirements for Education of periods during which their professional
(7) These organizations generally are Elementary and Secondary School-age scouting employees perform services in
not covered under the terms of United Dependents in Overseas Areas’’ overseas areas in direct support of DoD
States’ Status of Forces or other relevant (available at http://www.dodea.edu/ personnel and their families.
agreements with host nations. Offices/Regulations/index.cfm), access (ii) Reimburse travel to and from
(i) Questions regarding whether they to DoD Dependents Schools (overseas) official meetings of the overseas
are covered under such agreements may be provided on a space-available, scouting committee upon approval from
should be referred to the legal office tuition-paying basis. the appropriate combatant commander.
servicing the applicable command. (iii) Pursuant to 32 CFR part 230, use (5) The total amount of NAF support
Applicability of any relevant agreements of military banking facilities operated for the scouting program must not
would be addressed with the host under DoD contracts is authorized. exceed 70 percent of the total cost of the
nation only by the applicable command, (iv) Pursuant to DoD Instruction scouting program.
and not the organization. 1015.10, ‘‘Military Morale, Welfare, and
(ii) To the extent the organization is Dated: January 20, 2016.
Recreation (MWR) Programs’’ (available
not covered under any relevant Aaron Siegel,
at http://www.dtic.mil/whs/directives/
agreement, host nation laws apply. In all corres/pdf/101510p.pdf), the use of Alternate OSD Federal Register Liaison
cases, the host nation will determine the Officer, Department of Defense.
morale, welfare, and recreation
scope and extent of the applicability of programs may be provided. [FR Doc. 2016–01346 Filed 1–22–16; 8:45 am]
host nation laws to these employees. (v) Pursuant to 32 CFR part 161, BILLING CODE 5001–06–P
(b) Funding guidance. (1) Any APF medical care in uniformed services
and NAF support provided will be facilities on a space-available basis at
programmed and approved on an rates specified in uniformed services DEPARTMENT OF HOMELAND
annual basis by the DoD Components. instructions, with charges collected SECURITY
NAF support is authorized for youth locally, is authorized.
activities programs in accordance with (vi) Pursuant to Office of Management Coast Guard
DoD Instruction 1015.15, and Budget Circular A–45, ‘‘Rental and
‘‘Establishment, Management, and Construction of Government Quarters’’ 33 CFR Part 100
Control of Nonappropriated Fund (available at http:// [Docket No. USCG–2015–1103]
Instrumentalities and Financial www.whitehouse.gov/omb/circulars_
Management of Supporting Resources’’ a045) and subparagraph 2.c(1)(e) of DoD Special Local Regulations; Southern
(available at http://www.dtic.mil/whs/ 4165.63–M, ‘‘DoD Housing California Annual Marine Events for
directives/corres/pdf/101515p.pdf) and Management’’ (available at http:// the San Diego Captain of the Port Zone
for qualified scouting organizations in www.dtic.mil/whs/directives/corres/pdf/
accordance with paragraph (b)(5) of this 416563m.pdf), when DoD-sponsored AGENCY: Coast Guard, DHS.
section. civilian personnel serving DoD military ACTION: Notice of enforcement of
(2) APF may be used in conjunction installations at foreign locations cannot regulation.
with overseas scouting organizations. obtain suitable housing in the vicinity of
The following services may be provided SUMMARY: The Coast Guard will enforce
an installation, they and their families the Hanohano Ocean Challenge special
on a non-reimbursable basis: may occupy DoD housing on a rental
(i) Transportation of executive local regulations on Saturday, January
basis. The Military Service determines 23, 2016. This event occurs in Mission
personnel (to include household goods
the priority of such leasing actions. Bay in San Diego, CA. These special
and baggage) of qualified scouting
These civilians are required to pay the local regulations are necessary to
organizations:
(A) When on invitational travel established rental rate in accordance provide for the safety of the
orders. with DoD 4165.63–M and Military participants, crew, spectators, sponsor
(B) To and from overseas assignments. Service guidance. safety vessels, and general users of the
(C) While providing scouting support (vii) Pursuant to DoD Instruction
waterway. During the enforcement
to DoD personnel and their families. 1330.17, ‘‘DoD Commissary Program’’
period, persons and vessels are
Transportation of supplies of qualified (available at http://www.dtic.mil/whs/
prohibited from entering into, transiting
scouting organizations necessary to directives/corres/pdf/133017p.pdf),
through, or anchoring within this
provide such support may also be overseas installation commanders or
regulated area unless authorized by the
provided. Secretaries of the Military Departments
Captain of the Port, or his designated
(ii) Office space where regular may extend commissary access through
representative.
meetings can be conducted, and space official support agreements.
mstockstill on DSK4VPTVN1PROD with RULES
(viii) Pursuant to DoD Instruction DATES: The regulations in 33 CFR
for recreational activities.
(iii) Warehousing. 1330.21, ‘‘Armed Services Exchange 100.1101 will be enforced for the
(iv) Utilities. Regulations’’ (available at http:// location listed in item 16 in Table 1 to
(v) Means of communication. www.dtic.mil/whs/directives/corres/pdf/ 33 CFR 100.1101 from 6 a.m. until 2
(3) DoD may provide the following 133021p.pdf), the Secretaries of the p.m. on January 23, 2016.
additional support to scouting Military Departments may grant Armed FOR FURTHER INFORMATION CONTACT: If
executives assigned overseas: Forces Exchange deviations with regard you have questions on this notice of
VerDate Sep<11>2014 13:57 Jan 22, 2016 Jkt 238001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\25JAR1.SGM 25JAR1](https://thefederalregister.org/doc/81_FR_3974/page/4.svg)
Document Created: 2018-02-02 12:35:22
Document Modified: 2018-02-02 12:35:22
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective February 24, 2016. | |
| Contact | Mr. Chris Wright, 703-588-0172. | |
| FR Citation | 81 FR 3959 | |
| RIN Number | 0790-AI98 | |
| CFR Associated | Military Installations; Military Personnel and Scout Organizations |
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