§ 226.4. Procedures.
492 words·~2 min read·
/us/cfr/t32/s§ 226.4·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
It is DoD policy that:
(a)Shelters for the homeless may be established on military installations.
(b)The Secretary of a Military Department, or designee, may make military installations under his or her jurisdiction available for the furnishing of shelter to persons without adequate shelter in accordance with 10 U.S.C. 2556 and this part if he or she, or designee, determines that such shelter will not interfere with military preparedness or ongoing military functions.
(c)The Secretary of a Military Department, after determining that a shelter for the homeless may be established on a military installation, shall ensure that the plans for the shelter be developed in cooperation with appropriate State or local governmental entities and charitable organizations. The State or local government entity, either separately or in conjunction with the charitable organization, shall be responsible for operating and staffing any shelter established by this program. Shelter and incidental services provided under this part may be provided without reimbursement.
(d)Services that may be provided by a Military Department incident to the furnishing of shelter under 10 U.S.C. 2556 are the following:
(1)Utilities.
(2)Bedding.
(3)Security.
(4)Transportation.
(5)Renovation of facilities.
(6)Minor repairs undertaken specifically to make suitable space available for shelter to be provided in accordance with 10 U.S.C. 2556.
(7)Property liability insurance.
(e)The Military Departments should be especially sensitive to establishing shelters in the following areas:
(1)Family housing areas,
(2)Troop billeting areas,
(3)Service facilities such as commissaries, exchanges, dining facilities, hospitals, clinics, recreation centers, etc.,
(4)Safety arcs formed by firing ranges and impact areas,
(5)Frequently used training areas.
(f)Shelters for the homeless shall normally be established in only those facilities where the homeless will have exclusive use at all times. Shelters for the homeless shall normally not be established in facilities "shared" with military functions.
(g)In addition to providing shelter and incidental services, Department of Defense Components may provide bedding for support of shelters for the homeless that are located on other than Department of Defense real property. Bedding may be provided without reimbursement, but may only be provided to the extent that the provision of such bedding will not interfere with military requirements.
(h)Individuals or entities interested in establishing shelters on military installations shall:
(1)Submit a request to the Installation Commander where the shelter is desired, and
(2)Provide, at a minimum, the following data: The name and address of the organization that will operate the shelter, the name and address of the affiliated state or local governmental entity, numbers of people to be served, type of program, hours of operation, special needs of the people to be served, incidental services required, estimated date when the services are requested, estimate of when services will no longer be necessary, and what security provisions are to be provided (physical security). \[52 FR 42638, Nov. 6, 1987. Redesignated and amended at 78 FR 21257, Apr. 10, 2013\]
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