DoD Assistance to Non-Government, Entertainment-Oriented Media Productions, 47834-47850 [2015-19279]
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Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Rules and Regulations
application for a Social Security number
card, we may furnish you with a receipt
or equivalent document. We will
electronically screen the data from the
prescribed application against our files.
If we find that you have not been
assigned a Social Security number
previously, we will assign one to you
and issue a Social Security number
card. However, if we find that you have
been assigned a Social Security number
previously, we will issue a replacement
Social Security number card.
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(e) Replacement of Social Security
number card—(1) When we may issue
you a replacement card. We may issue
you a replacement Social Security
number card, subject to the limitations
in paragraph (e)(2) of this section. You
must complete a prescribed application
to receive a replacement Social Security
number card. We follow the evidence
requirements in § 422.107 when we
issue you a replacement Social Security
number card.
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■ 3. Amend § 422.107 by:
■ a. Revising paragraphs (a) and (c);
■ b. In paragraph (e)(1), removing each
instance of ‘‘Immigration and
Naturalization Service’’ and adding in
its place, ‘‘Department of Homeland
Security’’; and
■ c. Revising paragraph (g).
The revisions read as follows:
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§ 422.107
Evidence requirements.
(a) General. To obtain an original
Social Security number card, you must
submit convincing evidence of your age,
U.S. citizenship or alien status, and true
identity, as described in paragraphs (b)
through (e) of this section. If you apply
for a replacement Social Security
number card, you must submit
convincing evidence of your true
identity, as described in paragraph (c) of
this section, and you may also be
required to submit convincing evidence
of your age and U.S. citizenship or alien
status, as described in paragraphs (b),
(d), and (e) of this section. If you apply
for an original or replacement Social
Security number card, you are also
required to submit evidence to assist us
in determining the existence and
identity of any previously assigned
Social Security number(s). We will not
assign a Social Security number or issue
an original or replacement card unless
we determine that you meet all of the
evidence requirements. We require an
in-person interview if you are age 12 or
older and are applying for an original
Social Security number, unless you are
an alien who requests a Social Security
number as part of the immigration
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process described in § 422.103(b)(3). We
may require an in-person interview of
other applicants. All paper or other
tangible documents submitted as
evidence must be originals or copies of
the original documents certified by the
custodians of the original records and
are subject to verification. We may also
verify your eligibility factors, as
described in paragraphs (b) through (e)
of this section, through other means,
including but not limited to data
matches or other agreements with
government agencies or other entities
that we determine can provide us with
appropriate and secure verification of
your eligibility factors.
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(c) Evidence of identity. (1) If you
apply for an original Social Security
number or a replacement Social
Security number card, you are required
to submit convincing evidence of your
identity. Evidence of identity may
consist of a driver’s license,
identification card, school record,
medical record, marriage record,
passport, Department of Homeland
Security document, or other similar
evidence serving to identify you. The
evidence must contain sufficient
information to identify you, including
your name and:
(i) Your age, date of birth, or parents’
names; or
(ii) Your photograph or physical
description.
(2) A birth record is not sufficient
evidence to establish identity for these
purposes.
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(g) Inability to verify eligibility factors.
We will not issue an original or
replacement Social Security number
card when you present invalid or
expired documents or when we are
unable to verify the required evidence
through other means, as described in
paragraph (a) of this section. Invalid
documents are either forged documents
that supposedly were issued by the
custodian of the record, or properly
issued documents that were improperly
changed after they were issued. An
expired document is one that was valid
for only a limited time and that time has
passed.
■ 4. Amend § 422.110 by revising
paragraph (a) to read as follows:
§ 422.110 Individual’s request for change
in record.
(a) Application. If you wish to change
the name or other personal identifying
information you previously submitted
in connection with an application for a
Social Security number card, you must
complete a prescribed application,
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except as provided in paragraph (b) of
this section. You must prove your
identity, and you may be required to
provide other evidence. (See § 422.107
for evidence requirements.) You may
complete a request for change in records
in the manner we designate, including
at any Social Security office, or, if you
are outside the U.S., to the Department
of Veterans Affairs Regional Office,
Manila, Philippines, or to any U.S.
Foreign Service post or U.S. military
post. If your request is for a change of
name on the card (that is, verified legal
changes to the first name or surname, or
both), we may issue you a replacement
Social Security number card bearing the
same number and the new name. We
will grant an exception to the
limitations specified in § 422.103(e)(2)
for replacement Social Security number
cards representing a change in name or,
if you are an alien, a change to a
restrictive legend shown on the card.
(See § 422.103(e)(3) for the definition of
a change to a restrictive legend.)
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[FR Doc. 2015–19568 Filed 8–7–15; 8:45 am]
BILLING CODE 4191–02–P
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 238
[Docket ID: DOD–2012–OS–0075]
RIN 0790–AI90
DoD Assistance to Non-Government,
Entertainment-Oriented Media
Productions
Office of the Assistant to the
Secretary of Defense for Public Affairs,
DoD.
ACTION: Final rule.
AGENCY:
This rule establishes policy,
assigns responsibilities, and prescribes
procedures for DoD assistance to nonGovernment entertainment media
productions such as feature motion
pictures, episodic television programs,
documentaries, and computer-based
games. This rule provides for oversight
of production assistance decisions at
centralized and senior levels of DoD to
ensure consistency of approach among
DoD and Service components with
respect to support for entertainment
media productions, including
documentaries.
SUMMARY:
This rule is effective September
9, 2015.
FOR FURTHER INFORMATION CONTACT:
Philip M. Strub, (703) 695–2936.
DATES:
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Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Rules and Regulations
SUPPLEMENTARY INFORMATION:
Executive Summary
I. Purpose
DoD is updating its policy for support
to entertainment-oriented media
productions, including documentaries.
The increased and higher-level
oversight is required to eliminate
inconsistencies and ambiguities in
guidance for and supervision of DoD
activities to ensure common standards
are met in providing support, and that
production support is appropriate. The
rule also includes two DoD Production
Assistance Agreements (PAA) as
samples. These documents explain the
terms under which DoD provides
assistance to production companies for
projects that have been approved for
DoD support.
II. Summary of the Major Provisions of
This Regulatory Action
(a) This rule includes documentaries
within the category of non-government,
entertainment-oriented media
productions and requires approval of
production assistance for such
entertainment-oriented media
productions at the DoD level vice the
Service level.
(b) This rule includes two sample
DoD Production Assistance Agreements
(PAAs), one for documentary
productions and one for all other
entertainment media productions. This
rule also assigns the authority for
signing both types of agreements to the
Assistant to the Secretary of Defense for
Public Affairs (ATSD(PA)), or the
ATSD(PA)’s designee.
(c) This rule addresses how military
personnel may appear in entertainment
media. This rule requires the written
permission of the Assistant to the
Secretary of Defense for Public Affairs
(or his/her designee) in order for active
duty military personnel to serve as
actors in significant roles and in roles
beyond the scope of their normal duties.
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III. Costs and Benefits of This
Regulatory Action
First, the support and assistance to
non-government entertainment media
productions will be at no additional cost
to the government and taxpayers. Once
DoD has agreed with a production
company to provide production
assistance and the parties have signed a
Production Assistance Agreement,
operations, and maintenance, supply
and equipment costs incurred by DoD
(collectively) as a direct consequence of
providing support will be reimbursed by
the non-government entertainment
production company. Additionally, the
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sample production assistance
agreements provide for the production
company to indemnify and hold
harmless the DoD for claims arising
from the production company’s
possession or use of DoD property or
other assistance in connection with the
production. Support to non-government
entertainment media may be provided
based on a number of factors: whether
the production presents a reasonably
realistic depiction of the Military
Services and the DoD, whether the
production is informational and
considered likely to contribute to public
understanding of the Military Services
and the DoD, or whether the production
may benefit Military Service recruiting
and retention programs.
Retrospective Review
The revisions to this rule will be
reported in future status updates as part
of DoD’s retrospective plan under
Executive Order 13563 completed in
August 2011. DoD’s full plan can be
accessed at: https://www.regulations.gov/
#!docketDetail;D=DOD-2011-OS-0036.
Public Comments
The Department of Defense published
a proposed rule in the Federal Register
on September 17, 2014 (79 FR 55679–
55687) for a 60-day public comment
period. One public comment was
received.
Comment: The Department of
Defense’s support for private
entertainment productions is a great
program that improves citizens’
understanding of the military with little
expense to the government, and benefits
America’s entertainment industry.
However, for any public-private
partnership, it is important that the
government’s contribution (be it in
money, services or assets) benefit the
public to the greatest extent possible,
and not just the private partner.
Accordingly, the Department of Defense
should include guidance on the
copyright relating to DoD-supported
productions in its policy on assistance
to non-government, entertainmentoriented media production. In
particular, works of the United States
government are not subject to copyright
(17 U.S. Code 105). This includes stock
footage or other creative content made
by DoD that might be provided to a
production company under this
program. Accordingly, DoD should
obtain a commitment from companies it
assists that the company will not
erroneously pursue copyright
infringement remedies against citizens
who extract and use such footage from
copyrighted content. Insofar as a
fragment of video or audio is entirely
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created by the Department of Defense, it
is free from copyright, and production
companies must respect this principle.
This ensures that taxpayers receive the
greatest return from DoD’s efforts to
support non-government productions.
Response: With respect to stock
footage created by DoD, any
entertainment filmmaker who seeks to
use such material—for documentaries or
otherwise—can obtain such material
directly from DoD. Moreover, the nature
of a copyright infringement action itself
would require the claimant to
demonstrate its ownership of an
exclusive right in the copyrighted work
that is allegedly infringed, which would
not be possible for such stock footage
that is a work of the U.S. Government.
For these reasons, further revision of
this rule in response to this comment is
unnecessary.
Regulatory Procedures
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, distributive impacts and equity).
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, reducing costs,
harmonizing rules, and promoting
flexibility. This rule has been
determined to be a significant regulatory
action, although not economically
significant, under section 3(f) of
Executive Order 12866. Accordingly,
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)
(Pub. L. 104–4) requires agencies to
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 document will not
mandate any requirements for State,
local, or tribal governments, nor will it
affect private sector costs.
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Public Law 96–354, ‘‘Regulatory
Flexibility Act’’ (5 U.S.C. 601)
We certify this final rule will not have
a significant economic impact on a
substantial number of small entities
because the entities who receive
production assistance are those who
affirmatively request it, and therefore,
interact with DoD solely on a voluntary
basis. Therefore, the Regulatory
Flexibility Act, as amended, does not
require us to prepare a regulatory
flexibility analysis.
Public Law 96–511, ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Chapter 35)
This final rule does not create any
new or affect any existing collections,
and therefore, does not require OMB
approval under the Paperwork
Reduction Act.
Executive Order 13132, ‘‘Federalism’’
Executive Order 13132 establishes
certain requirements that an agency
must meet when it promulgates a
proposed rule (and subsequent final
rule) that imposes substantial direct
requirement costs on State and local
governments, preempts State law, or
otherwise has Federalism implications.
This rule will not have a substantial
effect on the States; the relationship
between the National Government and
the States; or the distribution of power
and responsibilities among the various
levels of Government.
List of Subjects in 32 CFR Part 238
Entertainment, Media productions,
Documentaries.
For the reasons set forth in the
preamble, DoD adds 32 CFR part 238 to
read as follows:
PART 238—DoD ASSISTANCE TO
NON-GOVERNMENT,
ENTERTAINMENT-ORIENTED MEDIA
PRODUCTIONS
Sec.
238.1 Purpose.
238.2 Applicability.
238.3 Definitions.
238.4 Policy.
238.5 Responsibilities.
238.6 Procedures.
Appendix A to Part 238—Sample Production
Assistance Agreement
Appendix B to Part 238—Sample
Documentary Production Assistance
Agreement
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Authority: 10 U.S.C. 2264; 31 U.S.C. 9701.
§ 238.1
Purpose.
This part establishes policy, assigns
responsibilities, and prescribes
procedures for DoD assistance to nonGovernment entertainment media
productions such as feature motion
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pictures, episodic television programs,
documentaries, and electronic games.
§ 238.2
Applicability.
This part:
(a) 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 Department of Defense (referred to
collectively in this part as the ‘‘DoD
Components’’).
(b) Does not apply to productions that
are intended to inform the public of fastbreaking or developing news stories.
§ 238.3
Definitions.
Unless otherwise noted, this term and
its definition are for the purposes of this
part.
Assistance (as in ‘‘DoD Assistance to
Non-Government, EntertainmentOriented Media Productions’’). The
variety of support that the DoD can
provide. The assistance ranges from
supplying technical advice during script
development, to allowing access to
military installations for production.
§ 238.4
Policy.
It is DoD policy that:
(a) DoD assistance may be provided to
an entertainment media production, to
include fictional portrayals, when
cooperation of the producers with the
Department of Defense benefits the
Department of Defense, or when such
cooperation would be in the best
interest of the Nation based on whether
the production:
(1) Presents a reasonably realistic
depiction of the Military Services and
the Department of Defense, including
Service members, civilian personnel,
events, missions, assets, and policies;
(2) Is informational and considered
likely to contribute to public
understanding of the Military Services
and the Department of Defense; or
(3) May benefit Military Service
recruiting and retention programs.
(b) DoD assistance to an
entertainment-oriented media
production will not deviate from
established DoD safety and
environmental standards, nor will it
impair the operational readiness of the
Military Services. Diversion of
equipment, personnel, and material
resources will be kept to a minimum.
(c) The production company will
reimburse the Government for any
expenses incurred as a result of DoD
assistance rendered in accordance with
the procedures in this part.
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(d) Official activities of Service
personnel in assisting the production;
use of official DoD property, facilities,
and material; and employment of
Service members in an off-duty, nonofficial status will be in accordance with
the procedures in this part.
(e) Footage shot with DoD assistance
and official DoD footage released for a
specific production will not be reused
for or sold to other productions without
Department of Defense approval.
§ 238.5
Responsibilities.
(a) The Assistant to the Secretary of
Defense for Public Affairs (ATSD(PA))
will serve as the sole authority for
approving DoD assistance, including
DoD involvement in marketing and
publicity, to non-Government
entertainment-oriented media. The
ATSD(PA) will make DoD
commitments, in consultation with the
Heads of the Military Components, only
after:
(1) The script, treatment, or narrative
description is found to qualify in
accordance with the general principles
in § 238.4(a).
(2) The support requested is
determined to be feasible.
(3) For episodic television, motion
pictures, and other nondocumentary
entertainment media productions, the
producer has an acceptable public
exhibition agreement with a recognized
exhibition entity (i.e., studio or
network), and the capability to complete
the production (i.e., completion bond or
other industry-recognized guarantor of
completion, such as the commitment of
a major studio or other source of
financial commitment). For
documentaries, the producer has
indicated a clear capability to complete
the production.
(b) The Heads of the Military
Components will develop procedures
for implementing this part and will
ensure that the requirements of this part
are met.
§ 238.6
Procedures.
(a) General. (1) The producer will be
required to sign a written Production
Assistance Agreement (see appendices
A and B of this part for sample
documents), explaining the terms under
which DoD’s production assistance is
provided, with the designee of the
Assistant to the Secretary of Defense for
Public Affairs, and may be required to
post advance payment or a letter of
credit issued by a recognized financial
institution to cover the estimated costs
before receiving DoD assistance.
(2) Official activities of Service
members in assisting the production
must be within the scope of normal
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military activities. On-duty service
members and DoD civilians are
prohibited from serving as actors, such
as by speaking filmmaker-invented, or
scripted dialogue, unless approved in
writing by the ATSD(PA) or his or her
designee. With the exception of
assigned project officer(s) and technical
advisor(s), Service members and DoD
civilians will not be assigned to perform
functions outside the scope of their
normal duties.
(3) Official personnel services and
DoD material will not be employed in
such a manner as to compete directly
with commercial and private
enterprises. DoD assets may be provided
when similar civilian assets are not
reasonably available.
(4) The production company may hire
Service members in an off-duty, nonofficial status to perform as extras or
actors in minor roles, etc., provided
there is no conflict with any existing
Service regulation. In such cases,
contractual arrangements are solely
between those individuals and the
production company; however, payment
should be consistent with current
industry standards. The producer is
responsible for resolving any disputes
with unions governing the hiring of
non-union actors and extras. Service
members accepting such employment
will comply with the standards of
conduct in DoD Directive 5500.07,
‘‘Standards of Conduct’’ (available at
https://www.dtic.mil/whs/directives/
corres/pdf/550007p.pdf). The Heads of
the Components may assist the
production company in publicizing the
opportunity for employment and in
identifying appropriate personnel.
(5) The production company will
restore all Government property and
facilities used in the production to the
same or better condition as when they
were made available for the company’s
use. This includes cleaning the site and
removing trash.
(6) The DoD project officer, described
in paragraph (b)(3) of this section, may
make DoD motion and still media
archival materials available when a
production qualifies for assistance in
accordance with the general principles
in § 238.4(a).
(b) Specific procedures—(1) Script
development and review. (i) Before a
producer officially submits a project to
the Office of the Assistant to the
Secretary of Defense for Public Affairs
(OATSD(PA)), the Military Components
are authorized to assist entertainmentoriented media producers, scriptwriters,
etc., in their efforts to develop a script
that might ultimately qualify for DoD
assistance. Such activities could include
guidance, suggestions, answers to
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research queries for technical research,
and interviews with technical experts.
However, the Military Departments
providing such assistance are required
to coordinate with and update
OATSD(PA) of the status of such
projects. Military Components will
refrain from making commitments and
rendering official DoD opinions until
first coordinating through appropriate
channels to obtain OATSD(PA)
concurrence in such actions.
(ii) Production company officials
requesting DoD assistance will submit a
completed script (or a treatment or
narrative description for
documentaries), along with a list of
desired support. If a definitive list is not
available when the script is initially
submitted, requirements should be
stated in general terms at the outset.
However, no DoD commitment will be
made until the detailed list of support
requested has been reviewed and
deemed to be feasible.
(iii) OATSD(PA) will coordinate the
review of scripts, treatment, or narrative
description submitted for production
assistance consideration. The
coordinated review will include each
Military Service depicted in the script.
Although no commitment for assisting
in the production is implied,
OATSD(PA) may provide, or authorize
the Military Services to provide, further
guidance and suggestions for changes
that might resolve problems that would
prevent DoD assistance.
(2) Production assistance notification.
Upon reviewing the recommendations
of the Military Components concerned,
the ATSD(PA) will determine whether a
given production meets the DoD criteria
for support and if the support requested
is feasible. If both requirements are
satisfied, the ATSD(PA) will notify in
writing the production company
concerned, advising it that the
Department of Defense has approved
DoD production assistance and
identifying the DoD project officer
tasked with representing the
Department of Defense throughout the
production process. On a case-by-case
basis, the ATSD(PA) may choose to
delegate the responsibility of signing the
Production Assistance Agreement on
behalf of DoD to the designated DoD
project officer or other DoD official
responsible for coordinating production
assistance. If so, this decision would be
included in the notification letter. If
production assistance is approved for
only a portion of the proposed project,
the written notification shall clearly
describe the portion(s) approved. If
assistance is not approved, ATSD(PA) or
the ATSD(PA)’s designee will send a
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letter to the production company stating
reasons for disapproval.
(3) Role of the DoD project officer. (i)
When production assistance has been
approved, the Military Components will
assign a project officer (commissioned,
non-commissioned, or civilian) who
will be designated by OATSD(PA) as the
principal DoD liaison to the production
company. The DoD project officer will
at a minimum:
(A) Act as liaison between the
production company and the Secretaries
of the Military Departments and
maintain contact with OATSD(PA)
through appropriate channels. In this
regard, the project officer will serve as
the central coordinator for billing the
producer and monitoring payments to
the Government. (See paragraph (d) of
this section for billing procedures.)
(B) Advise the production company
on technical aspects and arrange for
information necessary to ensure
reasonably accurate and authentic
portrayals of the Department of Defense.
(C) Maintain liaison with units and
commands providing assistance to
ensure timely arrangements consistent
with the approved support.
(D) Coordinate with installations or
commands that intend to provide
support to the production to ensure that
no material assistance is provided
before a Production Assistance
Agreement is signed by both DoD and
the production company.
(E) When DoD assistance to the
production requires the production
company to reimburse the Government
for additional expenses, develop an
estimate of expenses based on the
assistance requested, and ensure that
these are reflected in the Production
Assistance Agreement.
(F) Coordinate with each installation
or command providing assets to the
production to ensure the production
company receives accurate and prompt
statements of charges assessed by the
Government and that the Government
receives sufficient payment for any
additional expenses incurred to support
the production.
(G) For project officers assigned to a
documentary or a non-documentary
television series, maintain close liaison
with the producer(s) and writers in
developing story outlines. All story
ideas considered for further
development by the production
company should be submitted to
OATSD(PA) to provide the earliest
opportunity for appraisal.
(ii) When considered to be in the best
interest of the Department of Defense,
the assigned project officer may provide
‘‘on-scene’’ assistance to the production
company. Military or civilian technical
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advisor(s) may also be required. In such
cases:
(A) Assignment will be at no
additional cost to the Government. The
production company will assume
payment of such items as travel (air,
rental car, reimbursement for fuel, etc.)
and per diem (lodging, food and
incidentals).
(B) Assignment should be for the
length of time required to meet
preproduction requirements through
completion of photography. When
feasible, assignment may be extended to
cover post-production stages and site
clean-up.
(iii) Additional project officer
responsibilities, when considered to be
in the best interest of the Department of
Defense, will include:
(A) Supervising the use of DoD
equipment, facilities, and personnel.
(B) Attending pertinent preproduction
and production conferences, being
available during rehearsals to provide
technical advice, and being present
during filming of all scenes pertinent to
the Department of Defense.
(C) Ensuring proper selection of
locations, appropriate uniforms, awards
and decorations, height and weight
standards, grooming standards, insignia,
and set dressing applicable to the
military aspects of the production. This
applies to active duty members as well
as paid civilian actors.
(D) Arranging for appropriate
technical advisers to be present when
highly specialized military technical
expertise is required.
(E) Ensuring that the production
adheres to the agreed-upon script and
list of support to be provided.
(F) Authorizing minor deviations from
the approved script or list of support to
be provided, so long as such deviations
are feasible, consistent with the safety
standards, and in keeping with the
approved story line. All other deviations
shall be referred for approval to
OATSD(PA) through appropriate
channels.
(G) In accordance with the Production
Assistance Agreement, providing notice
of non-compliance, and when
necessary, suspending assistance when
action by the production company is
contrary to stipulations governing the
project and suspension is in the best
interest of the Department of Defense
until the matter is resolved locally or by
referral to OATSD(PA).
(H) Attending the approval screening
of the production, unless the Military
Department concerned, OATSD(PA),
and the production company mutually
agree otherwise.
(I) Determining whether the
production company will need to obtain
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the written consent of DoD personnel
who may be recorded, photographed, or
filmed by the production company,
including when the production
company uses the personally identifying
information (PII) of DoD personnel. The
likeness of DoD personnel in any
imagery is included in the meaning of
PII. If the recording or imagery captures
medical treatment being performed on
DoD personnel, the project officer shall
require the production company to gain
written consent from such DoD
personnel. In the case of DoD personnel
who are deceased or incapacitated, the
project officer shall require the
production company to gain written
consent from the next of kin of the
deceased or incapacitated DoD
personnel.
(c) Production company procedures—
(1) Review of productions. When DoD
assistance has been provided to a nondocumentary production, the
production company must arrange for
an official DoD screening in
Washington, DC, or at another location
agreeable to OATSD (PA), before the
production is publicly exhibited. This
review should be early, but at a stage in
editing when changes can be
accommodated, to allow the Department
of Defense to confirm military
sequences conform to the agreed upon
script. For documentary productions,
the production company will provide to
the DoD project officer and the DoD
designee(s) responsible for coordinating
production assistance a digital
videodisc (DVD) of military-themed
photography and the roughly edited
version of the production at a stage in
editing when changes can be
accommodated. In addition to
confirming that the military sequences
conform to the agreed upon script,
treatment, or narrative, this review will
also serve to preclude release or
disclosure of sensitive, security-related,
or classified information; and to ensure
that the privacy of DoD personnel is not
violated. Should DoD determine that
material in the production compromises
any of the preceding concerns, DoD will
alert the production company of the
material, and the production company
will remove the material from the
production.
(2) Credit titles. The production
company will use its best efforts to
place a credit in the end titles
immediately above the ‘‘Special
Thanks’’ section (if any) that states
‘‘Special Thanks to the United States
Department of Defense,’’ with no less
than one clear line above and one clear
line below such credit acknowledging
the DoD assistance provided. Such
acknowledgment(s) will be in keeping
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with industry customs and practices,
and will be of the same size and font
used for other similar credits in the end
titles.
(3) Requests for promotional
assistance. Pursuant to DoD Directive
5122.05, ‘‘Assistant Secretary of Defense
for Public Affairs’’ (available at https://
www.dtic.mil/whs/directives/corres/pdf/
512205p.pdf), the ATSD(PA) is the final
authority for military participation in
public events, including participation in
promotional events for entertainment
media productions. The production
company will forward requests for
promotional assistance to OATSD(PA)
in sufficient detail to permit a complete
evaluation.
(4) Publicity photos and promotional
material. The production company will
provide DoD with copies of all
promotional and marketing materials
(e.g., electronic press kits, one-sheets,
and television advertisements) for
internal information and historical
purposes in documenting DoD
assistance to the production.
(5) Copies of completed production.
The production company will provide,
in a format to be specified in the
Production Assistance Agreement,
copies of the completed production to
DoD for briefings and for historical
purposes.
(d) Billing procedures. Pursuant to 10
U.S.C. 2264 and 31 U.S.C. 9701,
production companies will reimburse
the Government for additional expenses
incurred as a result of DoD assistance.
(1) Each installation or Military
Component will provide the production
company with individual statements of
charges assessed for providing assets to
assist in the production. Unless agreed
otherwise, statements should be
presented to the production company
within 45 days from the last day of the
month in which filming and/or
photography is completed to ensure
prompt and complete accounting of
charges for DoD assistance.
(2) The production company will be
billed for only those expenses that are
considered to be additional expenses to
the Government. In accordance with
paragraph (b)(3)(i)(A) of this section, the
assigned project officer will serve as the
central coordinator for submitting
statements to the producer and
monitoring receipt of payment to the
Government. Items for which the costs
may be reimbursed to the Government
include:
(i) Petroleum, oil, and lubricants for
equipment used.
(ii) Depot maintenance for equipment
used.
(iii) Cost incurred in diverting or
moving equipment.
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(iv) Lost or damaged equipment.
(v) Expendable supplies.
(vi) Travel and per diem (unless
reimbursed under 31 U.S.C. 1353).
(vii) Civilian overtime.
(viii) Commercial power or other
utilities for facilities kept open beyond
normal duty hours or when the
production company’s consumption of
utilities is significant, based on average
usage rates.
(ix) Should the production company
not comply with requested clean-up
required by production, project officer
will require production company to hire
a cleaning company. Should the
production company not provide for the
necessary clean-up, it shall reimburse
the Government for any additional
expenses incurred by the Government in
performing such clean-up.
(3) The production company will be
required to reimburse the Government
for all flying hours related to production
assistance, including takeoffs, landings,
and ferrying aircraft from military
locations to filming sites, except when
such missions coincide with and can be
considered legitimate operational and
training missions. The production
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company will be required to reimburse
the Government for all steaming days
related to production assistance,
including all costs (tugs, harbor pilots
and port costs) required to move ships
from military locations to filming sites,
except when such missions coincide
with and can be considered legitimate
operational and training missions.
These reimbursements will be
calculated at the current DoD User
Rates.
(4) In cases where provision of
support provides a significant benefit to
DoD, the production company will not
be required to reimburse the
Government for military or civilian
manpower (except for civilian overtime)
when such personnel are officially
assigned to assist in the production.
However, this limitation does not apply
to Reserve Component personnel
assigned in an official capacity, because
such members are called to active duty
at additional cost to the Government to
perform the assigned mission.
Reimbursement for Reserve Component
personnel in an official capacity will be
at composite standard pay and
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47839
reimbursement rates for military
personnel published annually by the
Under Secretary of Defense
(Comptroller)/DoD Chief Financial
Officer.
(5) Normal training and operational
missions that would occur regardless of
DoD assistance to a particular
production are not considered to be
chargeable to the production company.
(6) Beyond actual operational
expenses, imputed rental charges
ordinarily will not be levied for use of
structures or equipment.
(7) The production company will
provide proof of adequate industry
standard liability insurance, naming
DoD as an additional insured entity
prior to the commencement of
production involving DoD. The
production company will maintain, at
its sole expense, insurance in such
amounts and under such terms and
conditions as may be required by DoD
to protect its interests in the property
involved.
Appendix A to Part 238—Sample
Production Assistance Agreement
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Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Rules and Regulations
U.S. DEPARTMENT OF DEFENSE
PRODUCTION ASSISTANCE AGREEMENT
DoD-[enter number]-[enter year]
The United States Department of Defense (DoD), acting on behalf ofthe United States of
America, hereby expresses its intent, subject to the provisions herein, to provide to [enter name
of production entity], hereinafter referred to as the "production company," the assistance
itemized in this Production Assistance Agreement (Agreement) in conjunction with the
production of a [enter type of production; e.g., feature motion picture, television series] known at
this time as [enter title of production or episode]. This Agreement expresses the terms under
which DoD intends to provide assistance. This Agreement does not authorize the obligation of
any United States funding, nor should it be construed as a contract, grant, cooperative agreement,
other transaction, or any other form of procurement agreement.
LIST OF MILITARY RESOURCES REQUESTED TO BE PROVIDED IN SUPPORT OF
PRODUCTION [or "see Attachment 1"] The DoD will make reasonable efforts to provide the
assistance requested in the request for production assistance, to the extent approved by DoD, and
subject to the limitations contained herein.
This Agreement is subject to revocation due to non-compliance with the terms herein, with the
possible consequence of a temporary suspension or permanent withdrawal of the use of some or
all ofthe military resources identified to assist this project. In the event of dispute, the
production company will be given a written notice of non-compliance by the DoD project
officer. The production company will have a 72-hour cure period after receipt of written notice
of non-compliance. DoD may temporarily suspend support until the non-compliance has been
cured or the 72-hour cure period has expired. After the cure period has expired, DoD may
permanently withdraw its support for the production. If such Agreement is either suspended or
terminated, the sole right of the Production Company to appeal such decision is to the DoD
designee responsible for coordinating production assistance for entertainment media operations
("DoD Director of Entertainment Media"). The requirements in Department of Defense
Instruction 5410.16 shall apply to this Agreement.
It is understood between DoD and the production company that:
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1. The DoD project officer, [enter name of project officer], is the official DoD representative
responsible for ensuring that the terms of this Agreement are met. The DoD project officer or his
or her designee will be present each day the U.S. military is being portrayed, photographed, or
otherwise involved in any aspect of [enter title of production]. The DoD project officer is the
military technical advisor, and all military coordination must go through him or her. The
production company will consult with the DoD project officer in all phases of pre-production,
production, and post-production that involves or depicts the U.S. military.
Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Rules and Regulations
47841
2. The production company will cast actors, extras, doubles, and stunt personnel portraying
Service members who conform to individual Military Service regulations governing age, height
and weight, uniform, grooming, appearance, and conduct standards. DoD reserves the right to
suspend support in the event that disagreement regarding the military aspects of these portrayals
cannot be resolved in negotiation between the production company and DoD within the 72-hour
cure period. The DoD project officer will provide written guidance specific to each Military
Service being portrayed.
3. DoD has approved production assistance as in the best interest of DoD, based on the [enter
date] version of the script to the extent agreed upon by DoD [, and as further described by
_ _ _ _ ___.. The production company must obtain, in advance, DoD concurrence for any
subsequent changes proposed to the military depictions made to either the picture or the sound
portions of the production before these changes are undertaken.
4. The operational capability and readiness of the Military Components will not be impaired.
Unforeseen contingencies affecting national security or other emergency circumstances such as
disaster relief may temporarily or permanently preclude the use of military resources. In these
circumstances, DoD will not be liable, financially or otherwise, for any resulting negative impact
or prejudice to the production caused by the premature withdrawal or change in support to the
production company.
5. There will be no deviation from established DoD safety and conduct standards. The DoD
project officer or his or her designee will coordinate such standards and compliance therewith.
DoD will provide the production company advance notice of such safety or conduct standards
upon request.
6. All DoD property or facilities damaged, used, or altered by the production company in
connection with the production will be restored by the production company to the same or better
condition, cleaned and free of trash, normal wear and tear excepted, as when they were made
available for the production company's use.
7. The production company will reimburse the U.S. Government for any additional expenses
incurred as a result ofthe assistance rendered for the production of [enter title of production].
The estimated amount will be detailed and included (e.g., "see Attachment 2," etc.). Unless
otherwise agreed upon, the production company agrees to post advance payment or a letter of
credit in the amount estimated to comprise the total additional DoD expenses or deposit such
funds that may be reasonably necessary. The payment or letter of credit will be submitted to the
military component(s) designated to provide the assistance, or to another DoD agency, as
deemed appropriate by DoD.
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a. DoD agrees to provide statements of charges assessed by each installation or DoD
component providing assets to assist in the production within 45 days from the last day of the
month in which filming is completed.
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Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Rules and Regulations
b. The production company will be charged for only those expenses that are considered to be
additional costs to DoD in excess of those that would otherwise have been incurred, including,
but not limited to fuel, resultant depot maintenance, expendable supplies, travel and per diem,
civilian overtime, and lost or damaged equipment.
c. If the final aggregate of such costs and charges is less than previously anticipated, DoD
agrees to remit the exact amount of the difference of any funds posted within 45 days from the
last day of the month in which filming is completed.
8. The production company will be charged for the travel, lodging, per diem, and incidental
expenses for the DoD project officer, the DoD Director of Entertainment Media or his or her
designee, and any other assigned military technical and safety advisor(s) whose presence may be
required by DoD. For each ofthese individuals, the production company will provide:
a. Round-trip air transportation and ground transfers to the production location(s) at which
there is a military portrayal or involvement, at times deemed appropriate by the DoD project
officer and DoD Director of Entertainment Media.
b. A full-size vehicle (with fuel and with loss, damage, and collision automobile insurance
paid for by the production company) for his or her personal use during the filming, including for
his or her stay at the production location(s). If parking at the location(s) is not available,
transportation to and from the lodging location to the production site will be provided.
c. Hotel accommodations equivalent to those provided to the production company's crew.
d. A dedicated, on-location trailer room or other comparable work space with full Internet
access, desk, seating, and en-suite toilet.
9. By approving DoD production assistance for [enter title of production], DoD hereby provides
a general release to the production company for the use of any and all photography and sound
recordings of any and all Service members, equipment, and real estate, subject to the limitations
in this Agreement (e.g. Paragraphs 12-13).
10. As a condition of DoD assistance, the production company will:
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a. Indemnify and hold harmless DoD, its agencies, officers, and employees against any
claims (including claims for personal injury and death, damage to property, and attorneys' fees)
arising from the production company's possession or use of DoD property or other assistance in
connection with this production of [enter title of production], to include pre-production, postproduction, and DoD-provided orientation or training. This provision will not in any event
require production company to indemnify or hold harmless DoD, its agencies, officers and or
employees from or against any claims arising from defects in DoD property or negligence on the
part of DoD, its agencies, officers, or employees.
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47843
b. Provide proof of adequate industry standard liability insurance, naming DoD as an
additional insured entity prior to the commencement of production involving DoD. The
production company will maintain, at its sole expense, insurance in such amounts and under such
terms and conditions as may be required by DoD to protect its interests in the property involved.
c. Not carry onto DoD property any non-prescription narcotic, hallucinogenic, or other
controlled substance; or alcoholic beverage without prior coordination with the DoD project
officer or his or her designee.
d. Not carry onto DoD property any real or prop firearms, weapons, explosives, or any
special effects devices or equipment that cause or simulate explosions, flashes, flares, fire, loud
noises, etc., without the prior approval ofthe DoD project officer and the supporting installation.
e. Allow DoD public affairs personnel access to the production site(s) to conduct still and
motion photography of DoD personnel and assets that are directly supporting the filming, and to
allow DoD the use of production company-generated publicity and marketing materials, such as
production stills and electronic press kits. These materials may be used to show DoD viewers
how DoD is assisting in the production; such materials may be viewed by the general public if
posted on an open DoD web site or released on "The Pentagon Channel" or other publiclyaccessible media source. Therefore, no DoD personnel will photograph actual filming, talent, or
sets without the prior approval of the production company.
11. The production company will provide the DoD project officer with whatever internal
communications equipment it is supplying to production company crew members to
communicate on the set during production of military-themed sequences. The production
company will also supply the DoD project officer with earphones to monitor military-themed
dialogue and other sound recording during these periods.
12. The production company will screen for the DoD project officer and the DoD Director of
Entertainment Media, or their designees, the roughly edited version of the production at a stage
in editing when changes can be accommodated to allow DoD to confirm the military sequences
conforms to the agreed script treatment, or narrative description; to preclude release or disclosure
of sensitive, security-related, or classified information; and to ensure that the privacy of DoD
personnel is not violated. Should DoD determine that material in the production compromises
any of the preceding concerns, DoD will alert the production company of the material, and the
production company will remove the material from the production. The production company
will bear the travel, lodging, per diem, and incidental expenses incurred in transporting the DoD
project officer and the DoD Director of Entertainment Media, or their designees, to the location
where the screening is held.
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13. No photography or sound recordings made with DoD assistance and no DoD photography
and sound recordings released for this production will be reused or sold for use in other
productions without DoD approval. The foregoing will not prohibit the production
47844
Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Rules and Regulations
company from exploiting the production in any and all ancillary markets, now known or
hereafter devised (including, without limitation, television, web content, home video and theme
parks) or from using clips in promotional material relative thereto.
14. The production company will also provide an official DoD screening ofthe completed
production in Washington, D.C., prior to public exhibition. An alternative screening location
may be authorized by DoD, in negotiation with the production company. In this case, the
production company will pay the travel and lodging expenses incidental to the attendance at the
screening of the DoD project officer and the Director of Entertainment Media or their designees.
15. The production company will use its best efforts to place a credit in the end titles
immediately above the "Special Thanks" section (if any), substantially in the form of"Special
Thanks to the United States Department of Defense," with no less than one clear line above and
one clear line below such credit acknowledging the DoD assistance provided. Such
acknowledgment(s) will be in keeping with industry customs and practices, and will be of the
same size and font used for other similar credits in the end titles.
16. The production company will provide DoD with five copies of all promotional and
marketing materials (e.g., electronic press kits, one-sheets, and television advertisements) for
internal information and historical purposes in documenting DoD assistance to the production.
17. The production company will provide a minimum often digital videodisc (DVD) copies of
the completed production to DoD for internal briefings and for historical purposes, by overnight
shipment to arrive the day following the first domestic airing or commercial distribution of the
production. DoD will not exhibit these DVDs publicly or copy them; however, DoD is allowed
to use short clips from them in official presentations by Service members and DoD civilian
personnel who were directly involved in providing DoD assistance, for the sole purpose of
illustrating DoD support to the production. However, DoD is prohibited from making these clips
available to any other party for any other purpose.
18. Official activities of DoD personnel in assisting the production must be within the scope of
normal military activities, with the exception of the DoD project officer and assigned official
technical advisor(s), whose activities must be consistent with their authorized additional duties.
DoD personnel in an off-duty, non-official status may be hired by the production company to
perform as actors, extras, etc., provided there is no conflict with existing Service or Department
regulations. In such cases, these conditions apply:
a. Contractual agreements are solely between those individuals and the production company;
however, they should be consistent with industry standards.
b. The DoD project officer will ensure that DoD personnel will comply with standards of
conduct regulations in accepting employment.
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c. The production company is responsible for any disputes with unions governing the hiring
of non-union actors or extras.
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47845
19. The production company may make donations or gifts in-kind to morale, welfare, and
recreation programs of the military unit(s) involved; however, donations of this kind are not at all
required, and are not in any manner a consideration in the determination of whether or not a
production should receive DoD assistance. These donations must be coordinated through the
DoD project officer and must comply with law and DoD policies.
20. The undersigned parties warrant that they have the authority to enter into this Agreement
and that the consent of no other party is necessary to effectuate the full and complete satisfaction
of the provisions contained herein.
21. This Agreement consists of [enter number] pages including [enter number of attachment(s)].
Each page will be initialed by the undersigned DoD and production company representatives.
Signature and Date
Name of DoD Representative:
Name of Production Company Representative:
Title and Address
Title and Address
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FOR [ENTER PRODUCTION COMPANY]
Signature and Date
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FOR THE DEPARTMENT OF DEFENSE
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Appendix B to Part 238—Sample
Production Assistance Agreement
U.S. DEPARTMENT OF DEFENSE
DOCUMENTARY PRODUCTION ASSISTANCE AGREEMENT
DoD-[enter number]-[enter year]
The United States Department of Defense (DoD), acting on behalf ofthe United States of
America, hereby expresses its intent, subject to the provisions herein, to provide to [enter name
of production entity], hereinafter referred to as the "production company," the assistance
itemized in this Production Assistance Agreement (Agreement) in conjunction with the
production of a documentary known at this time as [enter title of the production]. This
Agreement expresses the terms under which DoD intends to provide assistance. This Agreement
does not authorize the obligation of any United States funding, nor should it be construed as a
contract, grant, cooperative agreement, other transaction, or any other form of procurement
agreement.
LIST OF MILITARY RESOURCES REQUESTED TO BE PROVIDED IN SUPPORT OF
PRODUCTION [or "see Attachment 1"] The DoD will make reasonable efforts to provide the
assistance requested in the request for DoD documentary assistance, to the extent approved by
DoD, and subject to the limitations contained herein.
This Agreement is subject to revocation due to non-compliance with the terms herein, with the
possible consequence of a temporary suspension or permanent withdrawal of the use of some or
all ofthe military resources identified to assist this project. In the event of dispute, the
production company will be given a written notice of non-compliance by the DoD project
officer. The production company will have a 72-hour cure period after receipt of written notice
of non-compliance. DoD may temporarily suspend support until the non-compliance has been
cured or the 72-hour cure period has expired. After the cure period has expired, DoD may
permanently withdraw its support for the production. If such Agreement is either suspended or
terminated, the sole right of the Production Company to appeal such decision is to the DoD
designee responsible for coordinating assistance for documentary productions. The requirements
in Department of Defense Instruction 5410.16 shall apply to this Agreement.
It is understood between DoD and the production company that:
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1. The DoD project officer, [enter name of project officer and contact information], is the
official DoD representative responsible for ensuring that the terms of this Agreement are met.
The DoD project officer is the military technical advisor, and all military coordination must go
through him or her. The production company will consult with the DoD project officer in all
phases of pre-production, production, and post-production that involves or depicts the U.S.
military. The local unit/installation public affairs officer, or a designated official, may serve as
the official onsite DoD representative for this project and will act as the interface between the
film crew and military units providing both filming and logistical support.
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47847
2. DoD has approved production assistance as in the best interest of DoD, based on the [enter
date] version of the script, treatment, or narrative description to the extent agreed upon by DoD
[and as further described by
]. The production company must obtain, in advance, DoD
concurrence for any subsequent changes proposed to the military depictions made to either the
picture or the sound portions of the production before these changes are undertaken.
3. The operational capability and readiness of the Military Components will not be impaired.
Unforeseen contingencies affecting national security or other emergency circumstances such as
disaster relief may temporarily or permanently preclude the use of military resources. In these
circumstances, DoD will not be liable, financially or otherwise, for any resulting negative impact
or prejudice to the production caused by the premature withdrawal or change in support to the
production company.
4. There will be no deviation from established DoD safety and conduct standards. The DoD
project officer, or his or her designee, will coordinate such standards and compliance therewith.
DoD will provide the production company advance notice of such safety or conduct standards
upon request.
5. All DoD property or facilities damaged, used or altered by the production company in
connection with the production will be restored by the production company to the same or better
condition, cleaned and free of trash, normal wear and tear excepted, as when they were made
available for the production company's use.
6. The production company will reimburse the U.S. Government for any additional expenses
incurred as a result of the assistance rendered for the production of [enter title of production].
The estimated amount will be detailed and included in this Agreement or as an attachment to it.
7. The production company will be charged for only those expenses that are considered to be
additional costs to DoD in excess of those that would otherwise have been incurred, including,
but not limited to fuel, resultant depot maintenance, expendable supplies, travel and per diem,
civilian overtime, and lost or damaged equipment.
8. The production company will be charged for the travel, lodging, per diem, and incidental
expenses for the DoD project officer, the DoD documentary officer, or his or her designee, and
any other assigned military technical and safety advisor(s) whose presence may be required by
DoD. For each ofthese individuals, the production company will provide:
a. Round-trip air transportation and ground transfers to the production location(s) at which
there is a military portrayal or involvement, at times deemed appropriate by the DoD project
officer and the DoD documentary officer.
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b. Hotel accommodations equivalent to those provided to the production company's crew.
47848
Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Rules and Regulations
9. By approving DoD production assistance for [enter title of production], DoD hereby provides
a general release to the production company for the use of any and all photography and sound
recordings of any and all Service members, equipment, and real estate, subject to the limitations
in this Agreement (e.g., including, but not limited to, Paragraphs 11-14).
10. As a condition of DoD assistance, the production company will:
a. Indemnify and hold harmless the DoD, its agencies, officers, and employees against any
claims (including claims for personal injury and death, damage to property, and attorneys' fees)
arising from the production company's possession or use of DoD property or other assistance in
connection with this production of [enter title of production]. This provision will not in any
event require production company to indemnify or hold harmless the DoD, its agencies, officers,
or employees from or against any claims arising from defects in DoD property or negligence on
the part of DoD, its agencies, officers, or employees.
b. Provide proof of adequate industry standard liability insurance, naming DoD as an additional
insured entity prior to the commencement of production involving DoD. The production
company will maintain, at its sole expense, insurance in such amounts and under such terms and
conditions as may be required by DoD to protect its interests in the property involved.
c. Not carry onto DoD property any non-prescription narcotic, hallucinogenic, or other
controlled substance or alcoholic beverage without prior coordination with the DoD project
officer or his or her designee.
d. Not carry onto DoD property any real or prop firearms, weapons, explosives, or any special
effects devices or equipment that cause or simulate explosions, flashes, flares, fire, loud noises,
etc., without the prior approval ofthe DoD project officer and the supporting installation.
e. Allow DoD public affairs personnel access to the production site(s) to conduct still and
motion photography of DoD personnel and assets that are directly supporting the filming, and to
allow DoD the use of production company-generated publicity and marketing materials. These
materials may be used to show DoD viewers how DoD is assisting in the production; such
materials may be viewed by the general public if posted on an open DoD web site or on "The
Pentagon Channel" or other publicly-accessible media source. Therefore, no DoD personnel will
photograph actual filming without the prior approval of the production company.
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11. The production company will screen for the DoD project officer, and the DoD documentary
officer, or their designees, the roughly edited version of the production at a stage in editing when
changes can be accommodated to allow DoD to confirm the military sequences conforms to the
agreed-upon script, treatment, or narrative description; to preclude release or disclosure of
sensitive, security-related, or classified information; and to ensure that the privacy of DoD
personnel is not violated. Should DoD determine that material in the production compromises
any of the preceding concerns, DoD will alert the production company of the material, and the
production company will remove the material from the production.
Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Rules and Regulations
47849
12. Ifthe recording or imagery to be used in the production captures medical treatment being
performed on DoD personnel, the project officer shall require the production company to gain
written consent from such DoD personnel. In the case of DoD personnel who are deceased or
incapacitated, the project officer shall require the production company to gain written consent
from the next ofkin of the deceased or incapacitated DoD personnel.
13. All Department of Defense uniformed and civilian personnel who are photographed or
sound recorded by the documentary production company are considered to be on duty and are
precluded from receiving any compensation from the production company or any other party as a
result of their appearance in the production or subsequent authorized productions, or as a result
of the use of their name, likeness, life story or other rights for any purpose. Military personnel in
an off-duty, non-official status may be hired by the production company to perform as actors,
extras, etc., provided there is no conflict with existing Service regulations. In such cases, these
conditions apply:
a. Contractual agreements are solely between those individuals and the production company;
however, they should be consistent with industry standards.
b. The DoD project officer will ensure that DoD personnel will comply with standards of
conduct regulations in accepting employment.
c. The production company is responsible for any disputes with unions governing the hiring of
non-union actors or extras.
14. No photography or sound recordings made with DoD assistance and no DoD photography
and sound recordings released for this production will be reused or sold for use in other
productions without DoD approval. The foregoing will not prohibit the production company
from exploiting the production in any and all ancillary markets, now known or hereafter devised
(including, without limitation, television, web content, home video and theme parks) or from
using clips in promotional material relative thereto.
15. The production company will identify any and all re-enactments in the production by placing
the word "RE-ENACTMENT "on the screen, in a legible format and of a legible size, for either
the duration of the re-enactment or at the beginning of the re-enactment for a period of not less
than 3 seconds and reappearing every subsequent 10 seconds for a period of 3 seconds until
complete. This activity will occur for every instance of a re-enactment in the production.
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16. The production company will use its best efforts to place a credit in the end titles
immediately above the "Special Thanks" section (if any) substantially in the form of "Special
Thanks to the United States Department of Defense," with no less than one clear line above and
one clear line below such credit acknowledging the DoD assistance provided. Such
acknowledgment( s) will be in keeping with industry customs and practices, and will be of the
same size and font used for other similar credits in the end titles.
47850
Federal Register / Vol. 80, No. 153 / Monday, August 10, 2015 / Rules and Regulations
Notice of deviation from
drawbridge regulation.
ACTION:
Coast Guard
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the S.R. 50 Bridge
across the Atlantic Intracoastal
Waterway, mile 260.7, at Surf City, NC.
This deviation is necessary to facilitate
reconstruction of the bridge fender
system. This deviation allows the bridge
to remain in the closed-to-navigation
position.
33 CFR Part 117
DATES:
[FR Doc. 2015–19279 Filed 8–7–15; 8:45 am]
BILLING CODE 5001–06–P
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DEPARTMENT OF HOMELAND
SECURITY
This deviation is effective from
4 a.m. on August 17, 2015 to 2 p.m.
October 23, 2015.
[Docket No. USCG–2015–0746]
Drawbridge Operation Regulations;
Atlantic Intracoastal Waterway, Surf
City, NC
AGENCY:
Coast Guard, DHS.
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SUMMARY:
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The docket for this
deviation, [USCG–2015–0746], is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH’’.
ADDRESSES:
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Click on Open Docket Folder on the line
associated with this deviation. You may
also visit the Docket Management
Facility in Room W12–140 on the
ground floor of the Department of
Transportation West Building, 1200
New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
If
you have questions on this temporary
deviation, call or email Mr. Hal R. Pitts,
Bridge Administration Branch Fifth
District, Coast Guard; telephone (757)
398–6222, email Hal.R.Pitts@uscg.mil. If
you have questions on viewing the
docket, call Cheryl Collins, Program
Manager, Docket Operations, telephone
202–366–9826.
FOR FURTHER INFORMATION CONTACT:
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Dated: July 31, 2015.
Aaron Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
]]>Agencies
[Federal Register Volume 80, Number 153 (Monday, August 10, 2015)]
[Rules and Regulations]
[Pages 47834-47850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19279]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 238
[Docket ID: DOD-2012-OS-0075]
RIN 0790-AI90
DoD Assistance to Non-Government, Entertainment-Oriented Media
Productions
AGENCY: Office of the Assistant to the Secretary of Defense for Public
Affairs, DoD.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule establishes policy, assigns responsibilities, and
prescribes procedures for DoD assistance to non-Government
entertainment media productions such as feature motion pictures,
episodic television programs, documentaries, and computer-based games.
This rule provides for oversight of production assistance decisions at
centralized and senior levels of DoD to ensure consistency of approach
among DoD and Service components with respect to support for
entertainment media productions, including documentaries.
DATES: This rule is effective September 9, 2015.
FOR FURTHER INFORMATION CONTACT: Philip M. Strub, (703) 695-2936.
[[Page 47835]]
SUPPLEMENTARY INFORMATION:
Executive Summary
I. Purpose
DoD is updating its policy for support to entertainment-oriented
media productions, including documentaries. The increased and higher-
level oversight is required to eliminate inconsistencies and
ambiguities in guidance for and supervision of DoD activities to ensure
common standards are met in providing support, and that production
support is appropriate. The rule also includes two DoD Production
Assistance Agreements (PAA) as samples. These documents explain the
terms under which DoD provides assistance to production companies for
projects that have been approved for DoD support.
II. Summary of the Major Provisions of This Regulatory Action
(a) This rule includes documentaries within the category of non-
government, entertainment-oriented media productions and requires
approval of production assistance for such entertainment-oriented media
productions at the DoD level vice the Service level.
(b) This rule includes two sample DoD Production Assistance
Agreements (PAAs), one for documentary productions and one for all
other entertainment media productions. This rule also assigns the
authority for signing both types of agreements to the Assistant to the
Secretary of Defense for Public Affairs (ATSD(PA)), or the ATSD(PA)'s
designee.
(c) This rule addresses how military personnel may appear in
entertainment media. This rule requires the written permission of the
Assistant to the Secretary of Defense for Public Affairs (or his/her
designee) in order for active duty military personnel to serve as
actors in significant roles and in roles beyond the scope of their
normal duties.
III. Costs and Benefits of This Regulatory Action
First, the support and assistance to non-government entertainment
media productions will be at no additional cost to the government and
taxpayers. Once DoD has agreed with a production company to provide
production assistance and the parties have signed a Production
Assistance Agreement, operations, and maintenance, supply and equipment
costs incurred by DoD (collectively) as a direct consequence of
providing support will be reimbursed by the non-government
entertainment production company. Additionally, the sample production
assistance agreements provide for the production company to indemnify
and hold harmless the DoD for claims arising from the production
company's possession or use of DoD property or other assistance in
connection with the production. Support to non-government entertainment
media may be provided based on a number of factors: whether the
production presents a reasonably realistic depiction of the Military
Services and the DoD, whether the production is informational and
considered likely to contribute to public understanding of the Military
Services and the DoD, or whether the production may benefit Military
Service recruiting and retention programs.
Retrospective Review
The revisions to this rule will be reported in future status
updates as part of DoD's retrospective plan under Executive Order 13563
completed in August 2011. DoD's full plan can be accessed at: https://www.regulations.gov/#!docketDetail;D=DOD-2011-OS-0036.
Public Comments
The Department of Defense published a proposed rule in the Federal
Register on September 17, 2014 (79 FR 55679-55687) for a 60-day public
comment period. One public comment was received.
Comment: The Department of Defense's support for private
entertainment productions is a great program that improves citizens'
understanding of the military with little expense to the government,
and benefits America's entertainment industry. However, for any public-
private partnership, it is important that the government's contribution
(be it in money, services or assets) benefit the public to the greatest
extent possible, and not just the private partner. Accordingly, the
Department of Defense should include guidance on the copyright relating
to DoD-supported productions in its policy on assistance to non-
government, entertainment-oriented media production. In particular,
works of the United States government are not subject to copyright (17
U.S. Code 105). This includes stock footage or other creative content
made by DoD that might be provided to a production company under this
program. Accordingly, DoD should obtain a commitment from companies it
assists that the company will not erroneously pursue copyright
infringement remedies against citizens who extract and use such footage
from copyrighted content. Insofar as a fragment of video or audio is
entirely created by the Department of Defense, it is free from
copyright, and production companies must respect this principle. This
ensures that taxpayers receive the greatest return from DoD's efforts
to support non-government productions.
Response: With respect to stock footage created by DoD, any
entertainment filmmaker who seeks to use such material--for
documentaries or otherwise--can obtain such material directly from DoD.
Moreover, the nature of a copyright infringement action itself would
require the claimant to demonstrate its ownership of an exclusive right
in the copyrighted work that is allegedly infringed, which would not be
possible for such stock footage that is a work of the U.S. Government.
For these reasons, further revision of this rule in response to this
comment is unnecessary.
Regulatory Procedures
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, distributive impacts and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, reducing costs, harmonizing rules, and promoting flexibility.
This rule has been determined to be a significant regulatory action,
although not economically significant, under section 3(f) of Executive
Order 12866. Accordingly, 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)
(Pub. L. 104-4) requires agencies to 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 document
will not mandate any requirements for State, local, or tribal
governments, nor will it affect private sector costs.
[[Page 47836]]
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)
We certify this final rule will not have a significant economic
impact on a substantial number of small entities because the entities
who receive production assistance are those who affirmatively request
it, and therefore, interact with DoD solely on a voluntary basis.
Therefore, the Regulatory Flexibility Act, as amended, does not require
us to prepare a regulatory flexibility analysis.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
This final rule does not create any new or affect any existing
collections, and therefore, does not require OMB approval under the
Paperwork Reduction Act.
Executive Order 13132, ``Federalism''
Executive Order 13132 establishes certain requirements that an
agency must meet when it promulgates a proposed rule (and subsequent
final rule) that imposes substantial direct requirement costs on State
and local governments, preempts State law, or otherwise has Federalism
implications. This rule will not have a substantial effect on the
States; the relationship between the National Government and the
States; or the distribution of power and responsibilities among the
various levels of Government.
List of Subjects in 32 CFR Part 238
Entertainment, Media productions, Documentaries.
For the reasons set forth in the preamble, DoD adds 32 CFR part 238
to read as follows:
PART 238--DoD ASSISTANCE TO NON-GOVERNMENT, ENTERTAINMENT-ORIENTED
MEDIA PRODUCTIONS
Sec.
238.1 Purpose.
238.2 Applicability.
238.3 Definitions.
238.4 Policy.
238.5 Responsibilities.
238.6 Procedures.
Appendix A to Part 238--Sample Production Assistance Agreement
Appendix B to Part 238--Sample Documentary Production Assistance
Agreement
Authority: 10 U.S.C. 2264; 31 U.S.C. 9701.
Sec. 238.1 Purpose.
This part establishes policy, assigns responsibilities, and
prescribes procedures for DoD assistance to non-Government
entertainment media productions such as feature motion pictures,
episodic television programs, documentaries, and electronic games.
Sec. 238.2 Applicability.
This part:
(a) 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 Department of Defense (referred to collectively in this part as the
``DoD Components'').
(b) Does not apply to productions that are intended to inform the
public of fast-breaking or developing news stories.
Sec. 238.3 Definitions.
Unless otherwise noted, this term and its definition are for the
purposes of this part.
Assistance (as in ``DoD Assistance to Non-Government,
Entertainment-Oriented Media Productions''). The variety of support
that the DoD can provide. The assistance ranges from supplying
technical advice during script development, to allowing access to
military installations for production.
Sec. 238.4 Policy.
It is DoD policy that:
(a) DoD assistance may be provided to an entertainment media
production, to include fictional portrayals, when cooperation of the
producers with the Department of Defense benefits the Department of
Defense, or when such cooperation would be in the best interest of the
Nation based on whether the production:
(1) Presents a reasonably realistic depiction of the Military
Services and the Department of Defense, including Service members,
civilian personnel, events, missions, assets, and policies;
(2) Is informational and considered likely to contribute to public
understanding of the Military Services and the Department of Defense;
or
(3) May benefit Military Service recruiting and retention programs.
(b) DoD assistance to an entertainment-oriented media production
will not deviate from established DoD safety and environmental
standards, nor will it impair the operational readiness of the Military
Services. Diversion of equipment, personnel, and material resources
will be kept to a minimum.
(c) The production company will reimburse the Government for any
expenses incurred as a result of DoD assistance rendered in accordance
with the procedures in this part.
(d) Official activities of Service personnel in assisting the
production; use of official DoD property, facilities, and material; and
employment of Service members in an off-duty, non-official status will
be in accordance with the procedures in this part.
(e) Footage shot with DoD assistance and official DoD footage
released for a specific production will not be reused for or sold to
other productions without Department of Defense approval.
Sec. 238.5 Responsibilities.
(a) The Assistant to the Secretary of Defense for Public Affairs
(ATSD(PA)) will serve as the sole authority for approving DoD
assistance, including DoD involvement in marketing and publicity, to
non-Government entertainment-oriented media. The ATSD(PA) will make DoD
commitments, in consultation with the Heads of the Military Components,
only after:
(1) The script, treatment, or narrative description is found to
qualify in accordance with the general principles in Sec. 238.4(a).
(2) The support requested is determined to be feasible.
(3) For episodic television, motion pictures, and other
nondocumentary entertainment media productions, the producer has an
acceptable public exhibition agreement with a recognized exhibition
entity (i.e., studio or network), and the capability to complete the
production (i.e., completion bond or other industry-recognized
guarantor of completion, such as the commitment of a major studio or
other source of financial commitment). For documentaries, the producer
has indicated a clear capability to complete the production.
(b) The Heads of the Military Components will develop procedures
for implementing this part and will ensure that the requirements of
this part are met.
Sec. 238.6 Procedures.
(a) General. (1) The producer will be required to sign a written
Production Assistance Agreement (see appendices A and B of this part
for sample documents), explaining the terms under which DoD's
production assistance is provided, with the designee of the Assistant
to the Secretary of Defense for Public Affairs, and may be required to
post advance payment or a letter of credit issued by a recognized
financial institution to cover the estimated costs before receiving DoD
assistance.
(2) Official activities of Service members in assisting the
production must be within the scope of normal
[[Page 47837]]
military activities. On-duty service members and DoD civilians are
prohibited from serving as actors, such as by speaking filmmaker-
invented, or scripted dialogue, unless approved in writing by the
ATSD(PA) or his or her designee. With the exception of assigned project
officer(s) and technical advisor(s), Service members and DoD civilians
will not be assigned to perform functions outside the scope of their
normal duties.
(3) Official personnel services and DoD material will not be
employed in such a manner as to compete directly with commercial and
private enterprises. DoD assets may be provided when similar civilian
assets are not reasonably available.
(4) The production company may hire Service members in an off-duty,
non-official status to perform as extras or actors in minor roles,
etc., provided there is no conflict with any existing Service
regulation. In such cases, contractual arrangements are solely between
those individuals and the production company; however, payment should
be consistent with current industry standards. The producer is
responsible for resolving any disputes with unions governing the hiring
of non-union actors and extras. Service members accepting such
employment will comply with the standards of conduct in DoD Directive
5500.07, ``Standards of Conduct'' (available at https://www.dtic.mil/whs/directives/corres/pdf/550007p.pdf). The Heads of the Components may
assist the production company in publicizing the opportunity for
employment and in identifying appropriate personnel.
(5) The production company will restore all Government property and
facilities used in the production to the same or better condition as
when they were made available for the company's use. This includes
cleaning the site and removing trash.
(6) The DoD project officer, described in paragraph (b)(3) of this
section, may make DoD motion and still media archival materials
available when a production qualifies for assistance in accordance with
the general principles in Sec. 238.4(a).
(b) Specific procedures--(1) Script development and review. (i)
Before a producer officially submits a project to the Office of the
Assistant to the Secretary of Defense for Public Affairs (OATSD(PA)),
the Military Components are authorized to assist entertainment-oriented
media producers, scriptwriters, etc., in their efforts to develop a
script that might ultimately qualify for DoD assistance. Such
activities could include guidance, suggestions, answers to research
queries for technical research, and interviews with technical experts.
However, the Military Departments providing such assistance are
required to coordinate with and update OATSD(PA) of the status of such
projects. Military Components will refrain from making commitments and
rendering official DoD opinions until first coordinating through
appropriate channels to obtain OATSD(PA) concurrence in such actions.
(ii) Production company officials requesting DoD assistance will
submit a completed script (or a treatment or narrative description for
documentaries), along with a list of desired support. If a definitive
list is not available when the script is initially submitted,
requirements should be stated in general terms at the outset. However,
no DoD commitment will be made until the detailed list of support
requested has been reviewed and deemed to be feasible.
(iii) OATSD(PA) will coordinate the review of scripts, treatment,
or narrative description submitted for production assistance
consideration. The coordinated review will include each Military
Service depicted in the script. Although no commitment for assisting in
the production is implied, OATSD(PA) may provide, or authorize the
Military Services to provide, further guidance and suggestions for
changes that might resolve problems that would prevent DoD assistance.
(2) Production assistance notification. Upon reviewing the
recommendations of the Military Components concerned, the ATSD(PA) will
determine whether a given production meets the DoD criteria for support
and if the support requested is feasible. If both requirements are
satisfied, the ATSD(PA) will notify in writing the production company
concerned, advising it that the Department of Defense has approved DoD
production assistance and identifying the DoD project officer tasked
with representing the Department of Defense throughout the production
process. On a case-by-case basis, the ATSD(PA) may choose to delegate
the responsibility of signing the Production Assistance Agreement on
behalf of DoD to the designated DoD project officer or other DoD
official responsible for coordinating production assistance. If so,
this decision would be included in the notification letter. If
production assistance is approved for only a portion of the proposed
project, the written notification shall clearly describe the portion(s)
approved. If assistance is not approved, ATSD(PA) or the ATSD(PA)'s
designee will send a letter to the production company stating reasons
for disapproval.
(3) Role of the DoD project officer. (i) When production assistance
has been approved, the Military Components will assign a project
officer (commissioned, non-commissioned, or civilian) who will be
designated by OATSD(PA) as the principal DoD liaison to the production
company. The DoD project officer will at a minimum:
(A) Act as liaison between the production company and the
Secretaries of the Military Departments and maintain contact with
OATSD(PA) through appropriate channels. In this regard, the project
officer will serve as the central coordinator for billing the producer
and monitoring payments to the Government. (See paragraph (d) of this
section for billing procedures.)
(B) Advise the production company on technical aspects and arrange
for information necessary to ensure reasonably accurate and authentic
portrayals of the Department of Defense.
(C) Maintain liaison with units and commands providing assistance
to ensure timely arrangements consistent with the approved support.
(D) Coordinate with installations or commands that intend to
provide support to the production to ensure that no material assistance
is provided before a Production Assistance Agreement is signed by both
DoD and the production company.
(E) When DoD assistance to the production requires the production
company to reimburse the Government for additional expenses, develop an
estimate of expenses based on the assistance requested, and ensure that
these are reflected in the Production Assistance Agreement.
(F) Coordinate with each installation or command providing assets
to the production to ensure the production company receives accurate
and prompt statements of charges assessed by the Government and that
the Government receives sufficient payment for any additional expenses
incurred to support the production.
(G) For project officers assigned to a documentary or a non-
documentary television series, maintain close liaison with the
producer(s) and writers in developing story outlines. All story ideas
considered for further development by the production company should be
submitted to OATSD(PA) to provide the earliest opportunity for
appraisal.
(ii) When considered to be in the best interest of the Department
of Defense, the assigned project officer may provide ``on-scene''
assistance to the production company. Military or civilian technical
[[Page 47838]]
advisor(s) may also be required. In such cases:
(A) Assignment will be at no additional cost to the Government. The
production company will assume payment of such items as travel (air,
rental car, reimbursement for fuel, etc.) and per diem (lodging, food
and incidentals).
(B) Assignment should be for the length of time required to meet
preproduction requirements through completion of photography. When
feasible, assignment may be extended to cover post-production stages
and site clean-up.
(iii) Additional project officer responsibilities, when considered
to be in the best interest of the Department of Defense, will include:
(A) Supervising the use of DoD equipment, facilities, and
personnel.
(B) Attending pertinent preproduction and production conferences,
being available during rehearsals to provide technical advice, and
being present during filming of all scenes pertinent to the Department
of Defense.
(C) Ensuring proper selection of locations, appropriate uniforms,
awards and decorations, height and weight standards, grooming
standards, insignia, and set dressing applicable to the military
aspects of the production. This applies to active duty members as well
as paid civilian actors.
(D) Arranging for appropriate technical advisers to be present when
highly specialized military technical expertise is required.
(E) Ensuring that the production adheres to the agreed-upon script
and list of support to be provided.
(F) Authorizing minor deviations from the approved script or list
of support to be provided, so long as such deviations are feasible,
consistent with the safety standards, and in keeping with the approved
story line. All other deviations shall be referred for approval to
OATSD(PA) through appropriate channels.
(G) In accordance with the Production Assistance Agreement,
providing notice of non-compliance, and when necessary, suspending
assistance when action by the production company is contrary to
stipulations governing the project and suspension is in the best
interest of the Department of Defense until the matter is resolved
locally or by referral to OATSD(PA).
(H) Attending the approval screening of the production, unless the
Military Department concerned, OATSD(PA), and the production company
mutually agree otherwise.
(I) Determining whether the production company will need to obtain
the written consent of DoD personnel who may be recorded, photographed,
or filmed by the production company, including when the production
company uses the personally identifying information (PII) of DoD
personnel. The likeness of DoD personnel in any imagery is included in
the meaning of PII. If the recording or imagery captures medical
treatment being performed on DoD personnel, the project officer shall
require the production company to gain written consent from such DoD
personnel. In the case of DoD personnel who are deceased or
incapacitated, the project officer shall require the production company
to gain written consent from the next of kin of the deceased or
incapacitated DoD personnel.
(c) Production company procedures--(1) Review of productions. When
DoD assistance has been provided to a non-documentary production, the
production company must arrange for an official DoD screening in
Washington, DC, or at another location agreeable to OATSD (PA), before
the production is publicly exhibited. This review should be early, but
at a stage in editing when changes can be accommodated, to allow the
Department of Defense to confirm military sequences conform to the
agreed upon script. For documentary productions, the production company
will provide to the DoD project officer and the DoD designee(s)
responsible for coordinating production assistance a digital videodisc
(DVD) of military-themed photography and the roughly edited version of
the production at a stage in editing when changes can be accommodated.
In addition to confirming that the military sequences conform to the
agreed upon script, treatment, or narrative, this review will also
serve to preclude release or disclosure of sensitive, security-related,
or classified information; and to ensure that the privacy of DoD
personnel is not violated. Should DoD determine that material in the
production compromises any of the preceding concerns, DoD will alert
the production company of the material, and the production company will
remove the material from the production.
(2) Credit titles. The production company will use its best efforts
to place a credit in the end titles immediately above the ``Special
Thanks'' section (if any) that states ``Special Thanks to the United
States Department of Defense,'' with no less than one clear line above
and one clear line below such credit acknowledging the DoD assistance
provided. Such acknowledgment(s) will be in keeping with industry
customs and practices, and will be of the same size and font used for
other similar credits in the end titles.
(3) Requests for promotional assistance. Pursuant to DoD Directive
5122.05, ``Assistant Secretary of Defense for Public Affairs''
(available at https://www.dtic.mil/whs/directives/corres/pdf/512205p.pdf), the ATSD(PA) is the final authority for military
participation in public events, including participation in promotional
events for entertainment media productions. The production company will
forward requests for promotional assistance to OATSD(PA) in sufficient
detail to permit a complete evaluation.
(4) Publicity photos and promotional material. The production
company will provide DoD with copies of all promotional and marketing
materials (e.g., electronic press kits, one-sheets, and television
advertisements) for internal information and historical purposes in
documenting DoD assistance to the production.
(5) Copies of completed production. The production company will
provide, in a format to be specified in the Production Assistance
Agreement, copies of the completed production to DoD for briefings and
for historical purposes.
(d) Billing procedures. Pursuant to 10 U.S.C. 2264 and 31 U.S.C.
9701, production companies will reimburse the Government for additional
expenses incurred as a result of DoD assistance.
(1) Each installation or Military Component will provide the
production company with individual statements of charges assessed for
providing assets to assist in the production. Unless agreed otherwise,
statements should be presented to the production company within 45 days
from the last day of the month in which filming and/or photography is
completed to ensure prompt and complete accounting of charges for DoD
assistance.
(2) The production company will be billed for only those expenses
that are considered to be additional expenses to the Government. In
accordance with paragraph (b)(3)(i)(A) of this section, the assigned
project officer will serve as the central coordinator for submitting
statements to the producer and monitoring receipt of payment to the
Government. Items for which the costs may be reimbursed to the
Government include:
(i) Petroleum, oil, and lubricants for equipment used.
(ii) Depot maintenance for equipment used.
(iii) Cost incurred in diverting or moving equipment.
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(iv) Lost or damaged equipment.
(v) Expendable supplies.
(vi) Travel and per diem (unless reimbursed under 31 U.S.C. 1353).
(vii) Civilian overtime.
(viii) Commercial power or other utilities for facilities kept open
beyond normal duty hours or when the production company's consumption
of utilities is significant, based on average usage rates.
(ix) Should the production company not comply with requested clean-
up required by production, project officer will require production
company to hire a cleaning company. Should the production company not
provide for the necessary clean-up, it shall reimburse the Government
for any additional expenses incurred by the Government in performing
such clean-up.
(3) The production company will be required to reimburse the
Government for all flying hours related to production assistance,
including takeoffs, landings, and ferrying aircraft from military
locations to filming sites, except when such missions coincide with and
can be considered legitimate operational and training missions. The
production company will be required to reimburse the Government for all
steaming days related to production assistance, including all costs
(tugs, harbor pilots and port costs) required to move ships from
military locations to filming sites, except when such missions coincide
with and can be considered legitimate operational and training
missions. These reimbursements will be calculated at the current DoD
User Rates.
(4) In cases where provision of support provides a significant
benefit to DoD, the production company will not be required to
reimburse the Government for military or civilian manpower (except for
civilian overtime) when such personnel are officially assigned to
assist in the production. However, this limitation does not apply to
Reserve Component personnel assigned in an official capacity, because
such members are called to active duty at additional cost to the
Government to perform the assigned mission. Reimbursement for Reserve
Component personnel in an official capacity will be at composite
standard pay and reimbursement rates for military personnel published
annually by the Under Secretary of Defense (Comptroller)/DoD Chief
Financial Officer.
(5) Normal training and operational missions that would occur
regardless of DoD assistance to a particular production are not
considered to be chargeable to the production company.
(6) Beyond actual operational expenses, imputed rental charges
ordinarily will not be levied for use of structures or equipment.
(7) The production company will provide proof of adequate industry
standard liability insurance, naming DoD as an additional insured
entity prior to the commencement of production involving DoD. The
production company will maintain, at its sole expense, insurance in
such amounts and under such terms and conditions as may be required by
DoD to protect its interests in the property involved.
Appendix A to Part 238--Sample Production Assistance Agreement
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Appendix B to Part 238--Sample Production Assistance Agreement
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Dated: July 31, 2015.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2015-19279 Filed 8-7-15; 8:45 am]
BILLING CODE 5001-06-P
