DoD Instruction 1000.15, 24 October 2008

Department of Defense

INSTRUCTION

NUMBER 1000.15

October 24, 2008

USD(P&R)

SUBJECT: Procedures and Support for Non-Federal Entities Authorized to Operate on DoD

Installations

References: See Enclosure 1

1. PURPOSE. This Instruction:

a. Implements DoD Directive 1000.26E (Reference (a)).

b. Reissues DoD Instruction 1000.15 (Reference (b)) to update responsibilities and

procedures to define and reestablish a framework for non-Federal entities authorized to operate

on DoD installations.

2. APPLICABILITY

This Instruction applies to:

a. OSD, the Military Departments, the Office of the Chairman of the Joint Chiefs of Staff

and the Joint Staff, the Combatant Commands, the Office of Inspector General of the Department

of Defense, the Defense Agencies, the DoD Field Activities, and all other organizational entities

within the Department of Defense (hereafter referred to collectively as the “DoD Components”).

b. Non-Federal entities authorized to operate on DoD installations.

c. This Instruction shall not apply to:

(1) Military relief societies.

(2) Banks or credit unions according to DoD Directive 1000.11 (Reference (c)).

(3) Support provided under Innovative Readiness Training according to DoD Directive

1100.20 (Reference (d)).

DoDI 1000.15, October 24, 2008

3. DEFINITIONS. Definitions are for the purpose of this Instruction only.

a. non-Federal entity. A self-sustaining organization, incorporated or unincorporated, that is

not an agency or instrumentality of the Federal government. This Instruction addresses only

those entities that operate on DoD installations with the express consent of the installation

commander or higher authority. Membership of these organizations consists of individuals

acting exclusively outside the scope of any official capacity as officers, employees, or agents of

the Federal Government. Non-Federal entities include a state, interstate, Indian tribal, or local

government, as well as private organizations.

b. United States. The 50 States, the District of Columbia, the Commonwealth of Puerto

Rico, the Commonwealth of the Northern Mariana Islands, the U.S. Virgin Islands, Guam,

American Samoa, Johnston Atoll, Kingman Reef, Midway Island, Nassau Island, Palmyra

Island, Wake Island, and any other territory or possession of the United States, and associated

navigable waters, including the territorial seas.

c. DoD installation. A base, camp, post, station, yard, center, homeport facility for any ship,

or other activity under the jurisdiction of the Department of Defense, including any leased

facility or, in the case of an activity in a foreign country, under the operational control of the

Department of Defense. This term does not include any facility used primarily for civil works,

rivers and harbor projects, or flood control projects.

4. POLICY. It is DoD policy, consistent with Reference (a), that procedures be established for

the operation of non-Federal entities on DoD installations to prevent official sanction,

endorsement, or support by the DoD Components except as authorized in DoD 5500.7-R

(Reference (e)) and applicable law. The Department recognizes that non-Federal entity support

of Service members and their families can be important to their welfare. Non-Federal entities are

not entitled to sovereign immunity and privileges accorded to Federal agencies and

instrumentalities. The DoD Components shall take action to preclude unauthorized expenditures

of appropriated funds, commissary surcharge, or nonappropriated funds (NAF) in support of

these organizations.

5. RESPONSIBILITIES

a. The Principal Deputy Under Secretary for Personnel and Readiness

, under the authority,

direction, and control of the Under Secretary of Defense for Personnel and Readiness and in

coordination with the Deputy Under Secretary of Defense for Installations and Environment,

subject to DoD Directive 4165.6 (Reference (f)), shall be responsible for implementing policy

and oversight of non-Federal entities on DoD installations.

b. The Heads of the DoD Components

shall:

DoDI 1000.15, October 24, 2008

(1) Implement this Instruction.

(2) Be aware of all non-Federal entities operating on installations under their jurisdiction.

(3) Conduct reviews to ensure that installation commanders periodically review

facilities, programs, and services provided by non-Federal entities operating on DoD

installations. Installation commanders will also review membership provisions and the original

purpose for which each organization was originally approved. Substantial changes to those

original conditions shall necessitate further review, documentation, and approval for continued

permission to operate on the installation.

6. PROCEDURES. See Enclosure 2.

7. RELEASABILITY UNLIMTED. This Instruction is approved for public release. Copies

may be obtained through the Internet from the DoD Issuances Web Site at

http://dtic.mil/whs/directives.

8. EFFECTIVE DATE. This Instruction is effective immediately.

Enclosures

1. References

2. Procedures

3. Non-Federal Entities Having Statutory Authorization for Particular Support

DoDI 1000.15, October 24, 2008

ENCLOSURE 1

REFERENCES

(a) DoD Directive 1000.26E, “Support for Non-Federal Entities Authorized to Operate on DoD

Installations,” February 2, 2007

(b) DoD Instruction 1000.15, “Private Organizations on DoD Installations,”

December 20, 2005 (hereby canceled)

(d) DoD Directive 1100.20, “Support and Services for Eligible Organizations and Activities

Outside the Department of Defense,” April 12, 2004

(e) DoD 5500.7-R, “Joint Ethics Regulation,” August 1993

(f) DoDD 4165.6, “Real Property,” October 13, 2004

(g) DoD Instruction 1015.9, “Professional United States Scouting Organization Operations at

United States Military Installations Located Overseas,” October 31, 1990

(h) “Partial Settlement Agreement Between Plaintiffs and Secretary Rumsfeld,” United States

District Court for the Northern District of Illinois, Eastern Division, No. 1999 CV 02424

(Eugene Winkler, et al., v. Chicago School Reform Board of Trustees, et al.)

(i) DoD Instruction 1402.5, “Criminal History Background Checks on Individuals in Child

Care Services,” January 19, 1993

(j) DoD Instruction 1015.15, “Establishment, Management, and Control of Nonappropriated

Fund Instrumentalities and Financial Management of Supporting Resources,”

October 31, 2007

(k) Section 1770 of title 12, United States Code

(l) Sections 40301 and 220101 of title 36, United States Code

(m) Memorandum of Understanding between the Department of Defense and the United

Service Organization, January 7, 2008

(n) Chapter 71, section 8126, of title 5, United States Code

(o) DoD 1400.25-M, “Department of Defense Civilian Personnel Manual (CPM),”

December 1996

(p) Executive Order 12353, “Charitable Fund-Raising,” March 23, 1982

(q) Title 5, Code of Federal Regulations, part 950

(r) DoD Instruction 5035.01, “Combined Federal Campaign (CFC) Fund-Raising Within the

Department of Defense,” January 31, 2008

(s) DoD Instruction 5035.05, “DoD Combined Federal Campaign Overseas (CFC-O),”

February 21, 2008

(t) Sections 177, 178, 2012, 2551, 2553, 2552-6, 2558, 2564, 2602, 2604, 2606, 4744, 8126,

9441, 9442 of title 10, United States Code

(u) Memorandum For Secretary of the Army, “Support to the Red Cross During Times of

Conflict,” May 5, 1992

Reference is available at www.militaryhomefront.mil, Service Providers, QOL Resources, Legislative Policies and

Guidance, Non-Federal Entities

DoDI 1000.15, October 24, 2008

ENCLOSURE 1

(v) Memorandum of Understanding Between the Department of Justice and American Red

Cross, November 20, 1990

(w) DoD Directive 5410.18, “Public Affairs Community Relations Policy,” November 20, 2001

(x) DoD Instruction 5410.19, “Public Affairs Community Relations Policy Implementation,”

November 13, 2001

(y) Section 508 of title 32, United States Code

(z) DoD Directive 2000.15, “Support to Special Events,” November 21, 1994

(aa) Section 1856 of title 42, United States Code

(ab) Memorandum of Understanding Between the Department of Defense and the Armed

Services YMCA, December 7, 2004

DoDI 1000.15, October 24, 2008

ENCLOSURE 2

PROCEDURES

1. To prevent the appearance of official sanction or support by the Department of Defense:

a. Non-Federal entities may not use the seals, logos, or insignia of the Department of

Defense or any DoD Component, DoD organizational unit, or DoD installation on organization

letterhead, correspondence, titles, or in association with organization programs, locations, or

activities.

b. Non-Federal entities operating on DoD installations may use the name or abbreviation of

the Department of Defense, a DoD Component, organizational unit, or installation in its name

provided that its status as a non-Federal entity is apparent and unambiguous and there is no

appearance of official sanction or support by the Department of Defense. The following applies:

(1) The non-Federal entity must have approval from the appropriate DoD organization

whose name or abbreviation is to be used before using the name or abbreviation.

(2) Any use of the name or abbreviation of a DoD Component, organizational unit, or

installation must not mislead members of the public to assume a non-Federal entity is an

organizational unit of the Department of Defense.

(3) A non-Federal entity must prominently display the following disclaimer on all print

and electronic media mentioning the entity’s name confirming that the entity is not a part of the

Department of Defense: “THIS IS A NON-FEDERAL ENTITY. IT IS NOT A PART OF THE

DEPARTMENT OF DEFENSE OR ANY OF ITS COMPONENTS AND IT HAS NO

GOVERNMENTAL STATUS.” This disclaimer must also be provided in appropriate oral

communications and public announcements when the name of the entity is used.

2. Activities of non-Federal entities covered by this Instruction shall not in any way prejudice or

discredit the DoD Components or other Federal Government agencies.

3. Subject to Reference (f) as it relates to real property, installation commanders shall approve

written agreements that indicate permission to operate on the installation and any logistical

support that will be provided. DoD personnel acting in an official capacity will not execute any

charter that will serve as the legal basis for the non-Federal entity. The nature, function, and

objectives of a non-Federal entity covered by this Instruction shall be delineated in articles of

incorporation, a written constitution, bylaws, charters, articles of agreement, or other

authorization documents before receiving approval from the installation commander to operate

on the installation. That documentation shall also include:

a. Description of eligible membership in the non-Federal entity.

DoDI 1000.15, October 24, 2008

ENCLOSURE 2

(1) No person because of race, color, creed, sex, age, disability, or national origin shall

be unlawfully denied membership, unlawfully excluded from participation, or otherwise

subjected to unlawful discrimination by any non-Federal entity or other private organization

covered by this Instruction.

(2) Installation commanders shall distribute information on procedures for individuals to

follow when they suspect unlawful discrimination by the organization.

b. Designation of management responsibilities, including the accountability for assets,

satisfaction of liabilities, disposition of any residual assets on dissolution, and other

documentation that shows responsible financial management.

c. A certification indicating that members understand they are personally liable, as provided

by law, if the assets of the non-Federal entity are insufficient to discharge all liabilities.

d. Guidance relating to professional scouting organizations operating at U.S. military

installations located overseas can be found in DoD Instruction 1015.9 (Reference (g)).

(1) In accordance with Reference (e), which contains a policy on sponsorship of non-

Federal entities by DoD personnel acting in an official capacity, DoD personnel acting in an

official capacity shall not execute charters that serve as the legal basis for the creation of Boy

Scouts organizations (including Boy Scouts, Cub Scout Packs, or Venturer Crews).

(2) In accordance with U.S. District Court for the Northern District of Illinois, Eastern

Division, Decision No. 1999 CV 02424 (Reference (h)), while such chartering is not allowed,

nothing in this Instruction is intended to preclude, if otherwise authorized by law or regulation,

DoD support to Boy Scouts or their official affiliates; Boy Scouts activities on DoD installations;

or sponsorship of Boy Scout organizations by DoD personnel in their personal capacity.

Existing charters executed by DoD personnel in their official capacity shall be terminated or

amended to substitute sponsorship by an appropriate individual, volunteer, group, or

organization, consistent with DoD policy.

4. A non-Federal entity covered by this Instruction shall not offer programs or services on DoD

installations that compete with appropriated or NAF activities, but may, when specifically

authorized, supplement those activities.

a. Installation commanders, or higher authorities if the installation commander has not been

delegated such authority, will determine if the services of a non-Federal entity conflict with or

detract from local DoD programs. The cognizant commander has discretionary authority over

the operations of non-Federal entities on DoD installations. Commanders are authorized to

eliminate duplication of services, particularly when these services compete with the installation’s

revenue-generating activities.

DoDI 1000.15, October 24, 2008

ENCLOSURE 2

b. Background checks are required for employees and volunteers of non-Federal entities who

have contact with children under the age of 18 in DoD-operated, -contracted, or community-

based programs that are used to supplement or expand child care or youth services, according to

DoD Instruction 1402.5 (Reference (i)).

5. Non-Federal entities covered by this Instruction shall be self-sustaining, primarily through

dues, contributions, service charges, fees, or special assessment of members. There shall be no

financial assistance to such an entity from a NAF Instrumentality (NAFI) in the form of

contributions, repairs, services, dividends, or other donations of money or other assets.

Fundraising and membership drives are governed by Reference (e).

6. Non-Federal entities are not entitled to DoD support. However, support may be provided

when it is consistent with and supportive of the military mission of the DoD Component

concerned. Such support may be provided only when it can be offered within the capability of

the installation commander without detriment to the commander’s ability to fulfill the military

mission, and when it is permitted under applicable Status of Forces Agreements. The DoD

Components may provide logistical support to non-Federal entities with appropriated funds to

the extent authorized by Reference (e) and applicable law. NAFI funds or assets shall not be

directly or indirectly transferred to non-Federal entities according to DoD Instruction 1015.15

(Reference (j)).

7. Personal and professional participation in non-Federal entities by DoD employees is governed

by Reference (e). DoD personnel acting in an official capacity will not execute charters that

serve as the legal basis for any non-Federal entity or other private organization.

8. Neither appropriated fund activities nor NAFIs may assert any claim to the assets, or incur or

assume any obligation, of any non-Federal entity covered by this Instruction, except as may arise

out of contractual relationships or as provided by law. Property shall not be abandoned on the

installation by a non-Federal entity and may only be acquired by the DoD installation by

purchase or through donation agreed to by the Department of Defense.

9. The non-Federal entity shall have adequate insurance, as defined by the DoD Component

concerned, to protect against liability and property damage claims or other legal actions that may

arise due to its activities, those of its members, or the operation of its equipment or devices. The

DoD Components will not assume liability (through insurance or other means) for any activities

or assets of non-Federal entities.

10. Non-Federal entities shall comply with applicable fire and safety regulations; environmental

laws; local, State, and Federal tax codes; and any other applicable statutes or regulations.

DoDI 1000.15, October 24, 2008

ENCLOSURE 2

11. Income from a non-Federal entity or its activities shall not accrue to individual members of a

non-Federal entity except through wages and salaries as employees of the non-Federal entity or

as award recognition for services rendered to the non-Federal entity or military community. This

prohibition is not meant to preclude operation of investment clubs, in which the investment of

members’ personal funds result in a return on investment directly and solely to the individual

members.

12. Employees of non-Federal entities are not employees of the United States or of an

instrumentality of the United States. Applicable laws on labor standards for employment shall

be observed, including worker’s compensation insurance. Employees of non-Federal entities

shall not participate in NAF employee benefit programs based upon their affiliation with the non-

Federal entity.

13. Non-Federal entities that have statutory authorization for particular support are listed at

Enclosure 3.

14. Certain unofficial activities conducted on DoD installations do not need formal authorization

because of the limited scope of their activities. Examples are office coffee funds, flower funds,

and similar small, informal activities and funds. The DoD Components shall establish the basis

upon which such informal activities and funds shall operate at Enclosure 3.

DoDI 1000.15, October 24, 2008

ENCLOSURE 3

NON-FEDERAL ENTITIES HAVING STATUTORY AUTHORIZATION FOR

PARTICULAR SUPPORT

Non-Federal Entity Authority

Certain banks and credit unions

Chapter 1770 of title 12, United States Code

(U.S.C.) (Reference (k))

Reference (c)

United Service Organization

Section 220101 of title 36, U.S.C. (Reference

(l))

Memorandum of Understanding (MOU)

(References (a) and (m))

Labor organizations

Title 5, U.S.C., Chapter 71 (Reference (n))

DoD 1400.25-M, subchapter 711 (Reference

(o))

Combined Federal Campaign

Executive Order 12353 (Reference (p))

Title 5, Code of Federal Regulations, part 950

(Reference (q))

DoD Instruction 5035.1 (Reference (r))

DoD Instruction 5035.5 (Reference (s))

American Registry of Pathology Section 177 of title 10 U.S.C. (Reference (t))

Henry M. Jackson Foundation for the

Advancement of Military Medicine

Section 178 of Reference (t)

American National Red Cross

Section 2552 of title 10 U.S.C. (Reference (t))

Section 2602 of title 10 U.S.C.(Reference (t))

Memorandum for Secretary of the Army

(Reference (u))

MOU (References (a) and (v)

Boy Scouts Jamborees Section 2554 of title10 U.S.C. (Reference (t))

Girl Scouts International Events

(Transportation)

Section 2555 of title 10 U.S.C.(Reference (t))

Reference (g)

Shelter for Homeless Section 2556 of title 10 U.S.C. (Reference (t))

National Military Associations; Assistance at

National Conventions

Section 2558 of title 10 U.S.C. (Reference (t))

DoD Directive 5410.18 (Reference (w))

DoD Instruction 5410.19 (Reference (x))

National Veterans’ Organizations (Beds and

Barracks)

Section 2551 of Reference (t)

Non-Federal Entity Authority

United Seamen’s Service Organization

Section 2604 of Reference (t)

Reference (a)

Scouting: Cooperation and Assistance in

Foreign Areas

Section 2606 of (Reference (t)

Reference (g)

Civil Air Patrol Section 9441 of Reference (t)

DoDI 1000.15, October 24, 2008

ENCLOSURE 3

Section 9442 of Reference (t)

Section 40301 of title 36 U.S.C. (Reference (l))

Assistance for certain youth and charitable

organizations

Section 508 of title 32 U.S.C. (Reference (y))

Reference (d)

Presidential Inaugural Ceremonies Section 2553 of Reference (t)

Specified Sporting Events (Olympics)

Section 2564 of Reference (t)

DoDD 2000.15 (Reference (z))

Fire Protection Agreements

Section 1856 of title 42 U.S.C. et seq.

(Reference (aa))

Armed Services Young Men’s Christian

Association

Section 2012 of Reference (t)

Section 2648 of Reference (t)

Reference (y)

MOU (Reference (ab))

Support for Youth Organizations

Section 1058 of Public Law 109-163 (Note to

Section 310 of Reference (n))

Section 8126 of Public Law 109-148 (Note to

section 101 of Reference (t) and section 301 of

Reference (n))