Manufacture, Sale, Wear, Commercial Use and Quality Control of Heraldic Items

Federal RegisterMay 18, 1998

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DEPARTMENT OF DEFENSE

Department of the Army

32 CFR Part 507

Manufacture, Sale, Wear, Commercial Use and Quality Control of

Heraldic Items

AGENCY: Department of the Army, DoD.

ACTION: Final rule.

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SUMMARY: This revision authorizes the manufacture and sale of full size

military medals and decorations. In the past the manufacture and sale

of these items was prohibited except under Government contract through

the Defense Personnel Support Center. In coordination with all the

Services, the Office of the Secretary of Defense approved the

manufacture and sale of full size military medals and decorations with

the provision that no version of the Medal of Honor can be manufactured

except under Government contract with the Defense Personnel Support

Center. This rule also revises the Department of the Army policy (Army

Regulation 672-8) governing the manufacture, sale, reproduction,

possession, and wearing of military decorations, medals, badges, and

insignia. This revision establishes responsibility for authorizing the

incorporation of insignia designs in commercial articles; adds

procedures for processing a request to use Army insignia and the Army

emblem design in advertisement or promotional materials; clarifies

insignia items that are controlled heraldic items; and defines the

certification process for heraldic items. This revision has a direct

affect on Departments of the Army and Air Force personnel who design,

procure from private industry and who wear military insignia.

EFFECTIVE DATE: May 18, 1998.

ADDRESSES: Director, The Institute of Heraldry, 9325 Gunston Road, Room

S-112, Fort Belvoir, Virginia 22060-5579.

FOR FURTHER INFORMATION CONTACT: Stanley W. Haas, Chief, Technical and

Production Division, telephone (703) 806-4984.

SUPPLEMENTARY INFORMATION:

a. Background

The wear, manufacture, and sale of decorations, medals, badges, and

insignia is restricted by 18 U.S.C. 701 and 704. The Institute of

Heraldry, U.S. Army has been designated to act in behalf of the

Department of Defense, Department of the Army and Department of the Air

Force in establishing regulations governing control in manufacturing

and quality. The revision was previously announced in the proposed rule

section of the Federal Register, Vol. 63, No. 47, Pages 11858-

11862,Wednesday, March 11, 1998 for public comment.

b. Comments and Responses

No comments were received on the proposed rule.

Executive Order 12866

This rule is not a major rule as defined by Executive Order 12866.

Regulatory Flexibility Act

The Regulatory Flexibility Act has no bearing on this rule.

Paperwork Reduction Act

This rule does not contain reporting or record keeping requirements

subject to the Paperwork Reduction Act.

List of Subjects in 32 CFR Part 507

Decorations, Medals, Awards.

Accordingly, 32 CFR Part 507 is revised to read as follows:

PART 507--MANUFACTURE AND SALE OF DECORATIONS, MEDALS, BADGES,

INSIGNIA, COMMERCIAL USE OF HERALDIC DESIGNS AND HERALDIC QUALITY

CONTROL PROGRAM

Subpart A--Introduction

Sec.

507.1 Purpose.

507.2 References.

507.3 Explanation of abbreviations and terms.

507.4 Responsibilities.

507.5 Statutory authority.

Subpart B--Manufacture and sale of Decorations, Medals, Badges, and

Insignia

507.6 Authority to manufacture.

507.7 Authority to sell.

507.8 Articles authorized for manufacture and sale.

507.9 Articles not authorized for manufacture or sale.

Subpart C--Commercial Use of Heraldic Designs

507.10 Incorporation of designs or likenesses of approved designs

in commercial articles.

507.11 Reproduction of designs.

507.12 Possession and wearing.

Subpart D--Heraldic Quality Control Program

507.13 General.

507.14 Controlled heraldic items.

507.15 Certification of heraldic items.

507.16 Violations and penalties.

507.17 Procurement and wear of heraldic items.

507.18 Processing complaints of alleged breach of policies.

Authority: 10 U.S.C. 3012, 18 U.S.C. 701, 18 U.S.C. 702

Subpart A--Introduction

Sec. 507.1 Purpose.

This part prescribes the Department of the Army and the Air Force

policy governing the manufacture, sale, reproduction, possession, and

wearing of military decorations, medals, badges, and insignia. It also

establishes the Heraldic Item Quality Control Program to improve the

appearance of the Army and Air Force by controlling the quality of

heraldic items purchased from commercial sources.

Sec. 507.2 References.

Related publications are listed in paragraphs (a) through (f) of

this section. (A related publication is merely a source of additional

information. The user does not have to read it to understand this

part). Copies of referenced publications may be reviewed at Army and

Air Force Libraries or may be purchased from the National Technical

Information Services, U.S. Department of Commerce, 5285 Port Royal

Road, Springfield, VA 22161.

(a) AFI 36-2903, Dress and Personal Appearance of Air Force

Personnel.

(b) AR 360-5, Public Information.

(d) AR 840-1, Department of the Army Seal, and Department of the

Army Emblem and Branch of Service Plaques.

(e) AR 840-10, Heraldic Activities, Flags, Guidons, Streamers,

Tabards and Automobile Plates.

(f) AFR 900-3, Department of the Air Force Seal, Organizational

Emblems, Use and Display of Flags, Guidons, Streamers, and Automobile

and Aircraft Plates.

Sec. 507.3 Explanation of abbreviations and terms.

(a) Abbreviations.

(1) AFB--Air Force Base.

(2) DA--Department of the Army.

[[Page 27209]]

(3) DCSPER--Deputy Chief of Staff for Personnel.

(4) DSCP--Defense Supply Center Philadelphia.

(5) DUI--distinctive unit insignia.

(6) ROTC--Reserve Officers' Training Corps.

(7) SSI--shoulder sleeve insignia.

(8) TIOH--The Institute of Heraldry.

(9) USAF--United States Air Force.

(b) Terms.--(1) Cartoon. A drawing six times actual size, showing

placement of stitches, color and size of yarn and number of stitches.

(2) Certificate of authority to manufacture. A certificate

assigning manufacturers a hallmark and authorizing manufacture of

heraldic items.

(3) Hallmark. A distinguishing mark consisting of a letter and

numbers assigned to certified manufacturers for use in identifying

manufacturers of insignia.

(4) Heraldic items. All items worn on the uniform to indicate unit,

skill, branch, award or identification and a design has been

established by TIOH on an official drawing.

(5) Letter of agreement. A form signed by manufacturers before

certification, stating that the manufacturer agrees to produce heraldic

items in accordance with specific requirements

(6) Letter of authorization. A letter issued by TIOH that

authorizes the manufacture of a specific heraldic item after quality

assurance inspection of a preproduction sample.

(7) Tools. Hubs, dies, cartoons, and drawings used in the

manufacture of heraldic items.

Sec. 507.4 Responsibilities.

(a) Deputy Chief of Staff for Personnel (DCSPER), Army. The DCSPER

has staff responsibility for heraldic activities in the Army.

(b) The Director, The Institute of Heraldry (TIOH). The Director,

TIOH, will--

(1) Monitor the overall operation of the Heraldic Quality Control

Program.

(2) Authorize the use of insignia designs in commercial items.

(3) Certify insignia manufacturers.

(4) Inspect the quality of heraldic items.

78150-4739. The Commander has staff responsibility for heraldic

activities in the Air Force.

(d) The Chief, Air Force Personnel Center Commander's Programs

Branch (HQ AFPC/DPSFC), 550 C Street West, Suite 37, Randolph AFB, TX

78150-4739. The Chief, Commander's Programs Branch is responsible for

granting permission for the incorporation of certain Air Force badges

and rank insignia designs in commercial items.

(e) Commander, Air Force Historical Research Agency (AFHRA/RSO),

Maxwell AFB, AL 36112-6424. The Commander, AFHRA/RSO, is responsible

for granting permission for use of the Air Force seal, coat of arms,

and crest.

(f) Commanders. Commanders are responsible for purchasing heraldic

items that have been produced by manufacturers certified by TIOH.

Commanders will ensure that only those heraldic items that are of

quality and design covered in the specification and that have been

produced by certified manufacturers are worn by personnel under their

command.

Sec. 507.5 Statutory authority.

(a) The wear, manufacture, and sale of military decorations,

medals, badges, their components and appurtenances, or colorable

imitations of them, are governed by section 704, title 18, United

States Code (18 U.S.C. 704).

(b) The manufacture, sale, possession, and reproduction of badges,

identification cards, insignia, or other designs, prescribed by the

head of a U.S. department or agency, or colorable imitations of them,

are governed by Title 18, United States Code, Section 701 (18 U.S.C.

701).

Subpart B--Manufacture and Sale of Decorations, Medals, Badges, and

Insignia.

Sec. 507.6 Authority to manufacture.

(a) A certificate of authority to manufacture heraldic articles may

be granted by the Institute of Heraldry.

(1) Certificates of authority will be issued only to companies who

have manufacturing capability and agree to manufacture heraldic items

according to applicable specifications or purchase descriptions.

(2) The certificate of authority is valid only for the individual

or corporation indicated.

(3) A hallmark will be assigned to each certified manufacturer. All

insignia manufactured will bear the manufacturer's hallmark.

(b) A certificate of authority may be revoked or suspended under

the procedures prescribed in subpart D of this part.

each item they manufacture for certification under the Heraldic Quality

Control Program. A letter of certification authorizing manufacture of

each specific item will be issued provided the sample meets quality

assurance standards.

(d) A copy of the certified manufactures list will be furnished to

the Army and Air Force Exchange Service and, upon request, to Army and

Air Force commanders.

Sec. 507.7 Authority to sell.

No certificate of authority to manufacture is required to sell

articles listed in Sec. 507.8 of this part; however, sellers are

responsible for insuring that any article they sell is manufactured in

accordance with Government specifications using government furnished

tools, bears a hallmark assigned by TIOH, and that the manufacturer has

received a certification to manufacture that specific item prior to

sale.

Sec. 507.8 Articles authorized for manufacture and sale.

(a) The articles listed in paragraphs (a) (1) through (10) of this

section are authorized for manufacture and sale when made in accordance

with approved specifications, purchase descriptions or drawings.

(1) All authorized insignia (AR 670-1 and AFI 36-2903).

(2) Appurtenances and devices for decorations, medals, and ribbons

such as oak leaf clusters, service stars, arrowheads, V-devices, and

clasps.

(3) Combat, special skill, occupational and qualification badges

and bars.

(4) Identification badges.

(5) Fourrageres and lanyards.

(6) Lapel buttons.

(7) Decorations, service medals, and ribbons, except for the Medal

of Honor.

(8) Replicas of decorations and service medals for grave markers.

Replicas are to be at least twice the size prescribed for decorations

and service medals.

(9) Service ribbons for decorations, service medals, and unit

awards.

(10) Rosettes.

(11) Army emblem and branch of service plaques.

(b) Variations from the prescribed specifications for the items

listed in paragraph (a) of this section are not permitted without prior

approval, in writing, by TIOH.

Sec. 507.9 Articles not authorized for manufacture or sale.

The following articles are not authorized for manufacture and sale,

except under contract with DSCP:

(a) The Medal of Honor.

(b) Service ribbon for the Medal of Honor.

[[Page 27210]]

(d) Service flags (prescribed in AR 840-10 or AFR 900-3).

(e) Army seal.

(f) Commercial articles for public sale that incorporate designs or

likenesses of decorations, service medals, and service ribbons.

(g) Commercial articles for public sale that incorporate designs or

likenesses of designs of insignia listed in Sec. 507.8 of this part,

except when authorized by the Service concerned.

Subpart C--Commercial Use of Heraldic Designs

Sec. 507.10 Incorporation of designs or likenesses of approved designs

in commercial articles.

The policy of the Department of the Army and the Department of the

Air Force is to restrict the use of military designs for the needs or

the benefit of personnel of their Services.

(a) Except as authorized in writing by the Department of the Army

or the Department of the Air Force, as applicable, the manufacture of

commercial articles incorporating designs or likenesses of official

Army/Air Force heraldic items is prohibited. However, certain designs

or likenesses of insignia such as badges or organizational insignia may

be incorporated in articles manufactured for sale provided that

permission has been granted as specified in paragraphs (a) (1) and (2)

of this section.

(1) Designs approved for use of the Army. The Director, The

Institute of Heraldry, 9325 Gunston Road, Room S-112, Fort Belvoir, VA

22060-5579, is responsible for granting permission for the

incorporation of certain Army insignia designs and the Army emblem in

commercial articles manufactured for sale. Permission for such use will

be in writing. Commanders of units authorized a SSI or DUI may

authorize the reproduction of their SSI or DUI on commercial articles

such as shirts, tie tacks, cups, or plaques. Permission for use of a

SSI or DUI will be submitted in writing to the commander concerned.

Authorization for incorporation of designs or likenesses of designs in

commercial items will be granted only to those manufacturers who agree

to offer these items for sale only to Army and Air Force Exchange

Service and outlets that sell primarily to military personnel and their

dependents.

(2) Designs approved for use of the Air Force. Headquarters, Air

Force Personnel Center, Chief, Commander's Programs Branch (HQ AFPC/

DPSFC), 550 C Street West, Suite 37, Randolph AFB, TX 78150-4739, is

responsible for granting permission for the incorporation of certain

Air Force designs for commercial articles manufactured for sale. The

Commander, Air Force Historical Research Agency, AFHRA/RSO, Maxwell

AFB, AL 36112-6678, is responsible for granting permission for the

incorporation of the coat of arms, crest, seal and organizational

emblems. Such permission will be in writing. Authorization for

incorporation of designs or likenesses of designs in commercial items

will be granted only to those manufacturers who agree to offer these

items for sale only to the Army and Air Force Exchange Service, or to

those outlets that sell primarily to military personnel and their

dependents.

(b) In the case of the Honorable Service lapel button, a general

exception is made to permit the incorporation of that design in

articles manufactured for public sale provided that such articles are

not suitable for wear as lapel buttons or pins.

Sec. 507.11 Reproduction of designs.

(a) The photographing, printing, or, in any manner making or

executing any engraving, photograph, print, or impression in the

likeness of any decoration, service medal, service ribbon, badge, lapel

button, insignia, or other device, or the colorable imitation thereof,

of a design prescribed by the Secretary of the Army or the Secretary of

the Air Force for use by members of the Army or the Air Force is

authorized provided that such reproduction does not bring discredit

upon the military service and is not used to defraud or to misrepresent

the identification or status of an individual, organization, society,

or other group of persons.

(b) The use for advertising purposes of any engraving, photograph,

print, or impression of the likeness of any Department of the Army or

Department of the Air Force decoration, service medal, service ribbon,

badge, lapel button, insignia, or other device (except the Honorable

Service lapel button) is prohibited without prior approval, in writing,

by the Secretary of the Army or the Secretary of the Air Force except

when used to illustrate a particular article that is offered for sale.

Request for use of Army insignia in advertisements or promotional

materials will be processed through public affairs channels in

accordance with AR 360-5, paragraph 3-37.

identification card prescribed by Department of the Army or Department

of the Air Force is prohibited without prior approval in writing by the

Secretary of the Army or Secretary of the Air Force.

Sec. 507.12 Possession and wearing.

(a) The wearing of any decoration, service medal, badge, service

ribbon, lapel button, or insignia prescribed or authorized by the

Department of the Army and the Department of the Air Force by any

person not properly authorized to wear such device, or the use of any

decoration, service medal, badge, service ribbon, lapel button, or

insignia to misrepresent the identification or status of the person by

whom such is worn is prohibited. Any person who violates the provision

of this section is subject to punishment as prescribed in the statutes

referred to in Sec. 507.5 of this part.

(b) Mere possession by a person of any of the articles prescribed

in Sec. 507.8 of this part is authorized provided that such possession

is not used to defraud or misrepresent the identification or status of

the individual concerned.

distinctive parts including suspension ribbons and service ribbons) or

colorable imitations thereof, will not be used by any organization,

society, or other group of persons without prior approval in writing by

the Secretary of the Army or the Secretary of the Air Force.

Subpart D--Heraldic Quality Control Program

Sec. 507.13 General.

The heraldic quality control program provides a method of ensuring

that insignia items are manufactured with tools and specifications

provided by TIOH.

Sec. 507.14 Controlled heraldic items.

The articles listed in Sec. 507.8 of this part are controlled

heraldic items and will be manufactured in accordance with Government

specifications using Government furnished tools or cartoons. Tools and

cartoons are not provided to manufacturers for the items in paragraphs

(a) through (e) of this section. However, manufacture will be in

accordance with the Government furnished drawings.

(a) Shoulder loop insignia, ROTC, U.S. Army.

(b) Institutional SSI, ROTC, U.S. Army.

(d) U.S. Air Force organizational emblems for other than major

commands.

(e) Hand embroidered bullion insignia.

[[Page 27211]]

Sec. 507.15 Certification of heraldic items.

A letter of certification to manufacture each heraldic item, except

those listed in Sec. 507.14 (a) through (e) of this part, will be

provided to the manufacturer upon submission of a preproduction sample.

Manufacture and sale of these items is not authorized until the

manufacturer receives a certification letter from TIOH.

Sec. 507.16 Violations and penalties.

A certificate of authority to manufacture will be revoked by TIOH

upon intentional violation by the holder thereof of any of the

provisions of this part, or as a result of not complying with the

agreement signed by the manufacturer in order to receive a certificate.

Such violations are also subject to penalties prescribed in the Acts of

Congress (Sec. 507.5 of this part). A repetition or continuation of

violations after official notice thereof will be deemed prima facie

evidence of intentional violation.

Sec. 507.17 Procurement and wear of heraldic items.

(a) The provisions of this part do not apply to contracts awarded

by the Defense Personnel Support Center for manufacture and sale to the

U.S. Government.

(b) All Army and Air Force service personnel who wear quality

controlled heraldic items that were purchased from commercial sources

will be responsible for ensuring that the items were produced by a

certified manufacturer. Items manufactured by certified manufacturers

will be identified by a hallmark and/or a certificate label certifying

the item was produced in accordance with specifications.

of the quality and design covered in the specifications and that have

been produced by certified manufacturers are worn by personnel under

their command. Controlled heraldic items will be procured only from

manufacturers certified by TIOH. Commanders procuring controlled

heraldic items, when authorized by local procurement procedures, may

forward a sample insignia to TIOH for quality assurance inspection if

the commander feels the quality does not meet standards.

Sec. 507.18 Processing complaints of alleged breach of policies.

The Institute of Heraldry may revoke or suspend the certificate of

authority to manufacture if there are breaches of quality control

policies by the manufacturer. As used in this paragraph, the term

quality control policies include the obligation of a manufacturer under

his or her ``Agreement to Manufacture,'' the quality control provisions

of this part, and other applicable instructions provided by TIOH.

(a) Initial processing. (1) Complaints and reports of an alleged

breach of quality control policies will be forwarded to the Director,

The Institute of Heraldry, 9325 Gunston Road, Room S-112, Fort Belvoir,

VA 22060-5579 (hereinafter referred to as Director).

(2) The Director may direct that an informal investigation of the

complaint or report be conducted.

(3) If such investigation is initiated, it will be the duty of the

investigator to ascertain the facts in an impartial manner. Upon

conclusion of the investigation, the investigator will submit a report

to the appointing authority containing a summarized record of the

investigation together with such findings and recommendations as may be

appropriate and warranted by the facts.

(4) The report of investigation will be forwarded to the Director

for review. If it is determined that a possible breach of quality

control policies has occurred, the Director will follow the procedures

outlined in paragraphs (b) through (g) of this section.

(b) Voluntary performance. The Director will transmit a registered

letter to the manufacturer advising of the detailed allegations of

breach and requesting assurances of voluntary compliance with quality

control policies. No further action is taken if the manufacturer

voluntarily complies with the quality control policies; however, any

further reoccurrence of the same breach will be considered refusal to

perform.

within a reasonable time to the letter authorized by paragraph (b) of

this section, or refuses to give adequate assurances that future

performance will conform to quality control policies, or indicates by

subsequent conduct that the breach is continuous or repetitive, or

disputes the allegations of breach, the Director will direct that a

public hearing be conducted on the allegations.

(2) A hearing examiner will be appointed by appropriate orders. The

examiner may be either a commissioned officer or a civilian employee

above the grade of GS-7.

(3) The specific written allegations, together with other pertinent

material, will be transmitted to the hearing examiner for introduction

as evidence at the hearing.

(4) Manufacturers may be suspended for failure to return a loaned

tool without referral to a hearing specified in paragraph (c)(1) of

this section; however, the manufacturer will be advised, in writing,

that tools are overdue and suspension will take effect if not returned

within the specified time.

(d) Notification to the manufacturer by examiner. Within a 7 day

period following receipt by the examiner of the allegations and other

pertinent material, the examiner will transmit a registered letter of

notification to the manufacturer informing him or her of the following:

(1) Specific allegations.

(2) Directive of the Director requiring the holding of a public

hearing on the allegations.

(3) Examiner's decision to hold the public hearing at a specific

time, date, and place that will be not earlier than 30 days from the

date of the letter of notification.

(4) Ultimate authority of the Director to suspend or revoke the

certificate of authority should the record developed at the hearing so

warrant.

(5) Right to--

(i) A full and fair public hearing.

(ii) Be represented by counsel at the hearing.

(iii) Request a change in the date, time, or place of the hearing

for purposes of having reasonable time in which to prepare the case.

(iv) Submit evidence and present witnesses in his or her own

behalf.

(v) Obtain, upon written request filed before the commencement of

the hearing, at no cost, a verbatim transcript of the proceedings.

(e) Public hearing by examiner. (1) At the time, date, and place

designated in accordance with paragraph (d) (3) of this section, the

examiner will conduct the public hearing.

(i) A verbatim record of the proceeding will be maintained.

(ii) All previous material received by the examiner will be

introduced into evidence and made part of the record.

(iii) The Government may be represented by counsel at the hearing.

(2) Subsequent to the conclusion of the hearing, the examiner will

make specific findings on the record before him or her concerning each

allegation.

(3) The complete record of the case will be forwarded to the

Director.

(f) Action by the Director. (1) The Director will review the record

of the hearing and either approve or disapprove the findings.

(2) Upon arrival of a finding of breach of quality control

policies, the manufacturer will be so advised.

(3) After review of the findings, the certificate of authority may

be revoked

[[Page 27212]]

or suspended. If the certificate of authority is revoked or suspended,

the Director will--

(i) Notify the manufacturer of the revocation or suspension.

(ii) Remove the manufacturer from the list of certified

manufacturers.

(iii) Inform the Army and Air Force Exchange Service of the action.

(g) Reinstatement of certificate of authority. The Director may,

upon receipt of adequate assurance that the manufacturer will comply

with quality control policies, reinstate a certificate of authority

that has been suspended or revoked.

Thomas B. Proffitt,

Director.

[FR Doc. 98-13115 Filed 5-15-98; 8:45 am]

BILLING CODE 3710-08-P

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