Prohibition of the Sale or Rental of Sexually Explicit Material on DoD Property, 79526-79528 [2015-31918]
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79526
Federal Register / Vol. 80, No. 245 / Tuesday, December 22, 2015 / Proposed Rules
Issued on: December 10, 2015.
Gregory G. Nadeau,
Administrator, Federal Highway
Administration.
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/#!docket
Detail;D=DOD-2011-OS-0036.
[FR Doc. 2015–32107 Filed 12–21–15; 8:45 am]
BILLING CODE 4910–22–P
Executive Summary
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 235
[Docket ID: DOD–2013–OS–0220]
RIN 0790–AJ15
Prohibition of the Sale or Rental of
Sexually Explicit Material on DoD
Property
Under Secretary of Defense for
Personnel and Readiness, DoD.
ACTION: Proposed rule.
AGENCY:
This rulemaking codifies in
the Code of Federal Regulations the
policy for restrictions on the sale or
rental of sexually explicit materials on
property under the jurisdiction of the
DoD, or by Service members or DoD
civilian employees acting in their
official capacities based on 10 U.S.C.
2495b. It also establishes the Resale
Activities Review Board (referred to in
this rule as the ‘‘Board’’).
DATES: Comments must be received by
February 22, 2016.
ADDRESSES: You may submit comments,
identified by docket number and/or RIN
number and title, by any of the
following methods:
• Federal Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Department of Defense, Office
of the Deputy Chief Management
Officer, Directorate of Oversight and
Compliance, Regulatory and Audit
Matters Office, 9010 Defense Pentagon,
Washington, DC 20301–9010.
Instructions: All submissions received
must include the agency name and
docket number or Regulatory
Information Number (RIN) for this
Federal Register document. The general
policy for comments and other
submissions from members of the public
is to make these submissions available
for public viewing on the Internet at
https://www.regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
rmajette on DSK2TPTVN1PROD with PROPOSALS
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Ryan Atkins, 703–588–0619.
Revisions
to the rulemaking will be reported in
SUPPLEMENTARY INFORMATION:
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15:12 Dec 21, 2015
Jkt 238001
10 U.S.C. 2495b prohibits the sale or
rental of sexually explicit material on
property under DoD jurisdiction. The
section also requires DoD to establish
the Resale Activities Review Board (the
Board) to review material offered for
sale or rental on property under DoD
jurisdiction and to make
recommendations to the Secretary of
Defense, in accordance with section
2495b. Any material that is determined
to be sexually explicit, as defined by
section 2495b, is not offered and if
materials are already on store shelves,
they are removed.
This proposed rule will cost the DoD
approximately $5,500 annually for the
life of the rule to manage the Board. It
is anticipated that the costs will recur
for the life of the proposed rule varying
for inflation. 10 U.S.C. 2495b authorizes
Board members travel expenses while
away from their homes or regular places
of business in the performance of
services for the Board. DoD
implemented section 2495b by issuing
DoD Instruction (DoDI) 4105.70,
‘‘Prohibition of the Sale or Rental of
Sexually Explicit Material on DoD
Property’’ (the Instruction). This
instruction is available on the Internet
from the DoD Issuances Web site at
https://www.dtic.mil/whs/directives. The
Instruction established DoD policy that
prohibits the sale or rental of sexually
explicit material on property under DoD
jurisdiction, and no Service member or
DoD civilian employee, acting in his or
her official capacity, will provide for
sale, remuneration, or rental any
sexually explicit material to another
person. This proposed rule facilitates
DoD’s compliance with the
requirements of 10 U.S.C. 2495b and
fulfills the requisite public notification
of the DoD process to implement this
statutory requirement.
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,
PO 00000
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Fmt 4702
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environmental, public health and safety
effects, distribute impacts, and equity).
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This proposed rule has been
designated a ‘‘significant regulatory
action,’’ although not economically
significant, under section 3(f) of
Executive Order 12866. Accordingly,
this proposed rule has been reviewed by
the Office of Management and Budget.
Sec. 202, Public Law 104–4, ‘‘Unfunded
Mandates Reform Act’’
Section 202 of the Unfunded
Mandates Reform Act of 1995 (UMRA)
(Pub. L. 104–4) requires agencies assess
anticipated costs and benefits before
issuing any rule whose mandates
require spending in any 1 year of $100
million in 1995 dollars, updated
annually for inflation. In 2014, that
threshold is approximately $141
million. This proposed rule will not
mandate any requirements for State,
local, or tribal governments, nor will it
affect private sector costs.
Public Law 96–354, ‘‘Regulatory
Flexibility Act’’ (5 U.S.C. 601)
The Department of Defense certifies
that this proposed rule is not subject to
the Regulatory Flexibility Act (5 U.S.C.
601) because it would not, if
promulgated, have a significant
economic impact on a substantial
number of small entities. 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)
It has been certified that 32 CFR part
235 does not impose reporting or
recordkeeping requirements under the
Paperwork Reduction Act of 1995.
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 proposed rule will not have a
substantial effect on State and local
governments.
List of Subjects in 32 CFR Part 235
Business and industry, Concessions,
Government contracts, Military
personnel.
E:\FR\FM\22DEP1.SGM
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Federal Register / Vol. 80, No. 245 / Tuesday, December 22, 2015 / Proposed Rules
Property under the jurisdiction of the
DoD. Includes commissaries, all
facilities operated by the Army and Air
Force Exchange Service, the Navy
Exchange Service Command, the Navy
Resale and Services Support Office, and
the Marine Corps Exchange; and ship
stores.
Sexually explicit material. Material,
the dominant theme of which is the
depiction or description of nudity,
including sexual or excretory activities
or organs, in a lascivious way.
Accordingly 32 CFR part 235 is
proposed to be revised to read as
follows:
PART 235—PROHIBITION OF THE
SALE OR RENTAL OF SEXUALLY
EXPLICIT MATERIAL ON DOD
PROPERTY
Sec.
235.1
235.2
235.3
235.4
235.5
235.6
Purpose.
Applicability.
Definitions.
Policy.
Responsibilities.
Resale Activities Review Board.
§ 235.4
Authority: 10 U.S.C. 2495b.
§ 235.1
Purpose.
(a) Pursuant to 10 U.S.C. 2495b and
consistent with DoD Instruction 1330.09
‘‘Armed Services Exchange Policy,’’
(available at https://www.dtic.mil/whs/
directives/corres/pdf/133009p.pdf), this
part establishes policy and assigns
responsibilities concerning the
prohibition on the sale or rental of
sexually explicit materials:
(1) On property under the jurisdiction
of the DoD; and
(2) By Service members or DoD
civilian employees acting in their
official capacities.
(b) Establishes the Resale Activities
Review Board (the Board) pursuant to
10 U.S.C. 2495b and consistent with
DoD Instruction 5105.18, ‘‘DoD
Intergovernmental and
Intragovernmental Committee
Management Program’’ (available at
https://www.dtic.mil/whs/directives/
corres/pdf/510518p.pdf).
§ 235.2
Applicability.
This part applies to the Office of the
Secretary of Defense, the Military
Departments, the Office of the Chairman
of the Joint Chiefs of Staff and the Joint
Staff, the Combatant Commands, the
Office of the Inspector General of the
Department of Defense, the Defense
Agencies, the DoD Field Activities, and
all other organizational entities within
the DoD (referred to collectively in this
part as the ‘‘DoD Components’’).
rmajette on DSK2TPTVN1PROD with PROPOSALS
§ 235.3
Definitions.
Unless otherwise noted, these terms
and their definitions are for the purpose
of this part.
Dominant theme. A theme of any
material that is superior in power,
influence, and importance to all other
themes in the material combined.
Lascivious. Lewd and intended or
designed to elicit a sexual response.
Material. An audio recording, a film
or video recording, or a periodical with
visual depictions, produced in any
medium.
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Jkt 238001
Policy.
It is DoD policy that:
(a) No sexually explicit material will
be offered for sale or rental on property
under DoD jurisdiction.
(b) No Service member or DoD
civilian employee, acting in an official
capacity, may offer for sale,
remuneration, or rental sexually explicit
material to another person.
§ 235.5
Responsibilities.
(a) The Assistant Secretary of Defense
for Manpower and Reserve Affairs
(ASD(M&RA)), under the authority,
direction, and control of the Under
Secretary of Defense for Personnel and
Readiness (USD(P&R)), and in
accordance with DoD Directive 5124.02,
‘‘Under Secretary of Defense for
Personnel and Readiness (USD(P&R))’’
(available at https://www.dtic.mil/whs/
directives/corres/pdf/512402p.pdf) and
DoD Directive 5124.09, ‘‘Assistant
Secretary of Defense for Readiness and
Force Management (ASD(R&FM))’’
(available at https://www.dtic.mil/whs/
directives/corres/pdf/512409p.pdf),
will:
(1) Monitor and ensure compliance
with this part.
(2) Establish the nine-member Board.
(3) Appoint six Board members and
three alternates in accordance with 10
U.S.C. 2495b and paragraph (a) of
§ 235.6.
(4) Designate one Board member to be
the Chair.
(5) Monitor the activities of the Board
and ensure that the Board discharges its
responsibilities as described in § 235.6.
(6) Review the Board’s
recommendations and make the final
determination whether material is
sexually explicit, as defined by 10
U.S.C. 2495b.
(b) Under the authority, direction, and
control of the ASD(M&RA), the Deputy
Assistant Secretary of Defense for
Military Community and Family Policy
(DASD(MC&FP)) will:
(1) Administer the Board and provide
military resale policy guidance.
(2) Publicize the Board’s
recommendations through the Office of
the USD(P&R) public Web site.
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(c) The General Counsel of the
Department of Defense will provide
legal advice to the Board.
(d) The Secretaries of the Military
Departments will:
(1) Ensure that their respective
Department’s resale activities comply
with this part.
(2) Each appoint one member to the
Board, in accordance with 10 U.S.C.
2495b.
(3) Provide nominees to the
ASD(M&RA) concerning the six Board
members and three alternates appointed
by the ASD(M&RA) in accordance with
paragraph (a) of § 235.6.
(4) Promptly notify the
DASD(MC&FP) of a current or projected
vacancy on the Board.
(e) The Chief of the National Guard
Bureau recommends to the ASD(M&RA)
a senior noncommissioned officer for
appointment to the Board who will
represent the Senior Enlisted Advisor of
the National Guard Bureau.
§ 235.6
Resale Activities Review Board.
(a) Composition. The Board will have
nine members and three alternates,
including at least one member
appointed by the ASD(M&RA) with
experience managing or advocating for
military family programs and who is
also an eligible patron of the Defense
commissary system and the Defense
exchange system.
(1) Board members and alternates will
be representatives of the following:
(i) The Senior Enlisted Advisors of the
Army, the Navy, the Air Force, Marine
Corps, and the National Guard Bureau;
(ii) The Surgeons General of the
Army, the Navy, and the Air Force;
(iii) The military community and
family programs of the Army, Navy, Air
Force, and Marine Corps.
(2) Board members will be senior fulltime or permanent part-time DoD
civilian employees or active duty
Service members not currently assigned
to or employed by the Army and Air
Force Exchange Service, the Navy
Exchange Service Command, or the
Marine Corps Exchange Service.
(3) The ASD(M&RA) will appoint one
member to be Chair for a 2-year term;
the Chair will rotate among the Military
Departments.
(4) A vacancy on the Board will be
filled in the same manner as the original
appointment.
(b) Authorities. (1) The Board has the
authority and responsibility to review
material offered or to be offered for sale
or rental on property under DoD
jurisdiction and to recommend to the
ASD(M&RA) whether any such material
is sexually explicit as defined in 10
U.S.C. 2495b.
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rmajette on DSK2TPTVN1PROD with PROPOSALS
79528
Federal Register / Vol. 80, No. 245 / Tuesday, December 22, 2015 / Proposed Rules
(2) If the ASD(M&RA) determines that
any material offered for sale or rental on
property under DoD jurisdiction is
sexually explicit, such material must be
withdrawn from all retail outlets where
it is sold or rented and returned to
distributors or suppliers. Any material
that is determined to be sexually
explicit will not be offered for sale or
rental on property under DoD
jurisdiction unless the Board
reconsiders the material under
paragraph (c)(4) of this section, and the
ASD(M&RA) decides that the material is
not sexually explicit.
(c) Procedures. (1) The Board will
convene at least once a year, and
additionally as necessary, to review and
make recommendations to the
ASD(M&RA) concerning whether any
material offered or to be offered for sale
or rental on property under DoD
jurisdiction is sexually explicit as
defined in 10 U.S.C. 2495b. The Board
will, to the extent practicable, maintain
and update relevant information about
Board recommendations.
(2) At the conclusion of the Board’s
review and the ASD(M&RA)
determination, the ASD(M&RA) will
issue guidance to the Military
Departments for exchange service
headquarters, purchasing agents, and
managers of retail outlets about the
purchase, withdrawal, and return of
sexually explicit material. The
ASD(M&RA) may also provide guidance
to the Military Departments for
exchange service headquarters,
purchasing agents, and managers of
retail outlets about material that he or
she has determined is not sexually
explicit. Purchasing agents and
managers of retail outlets will continue
to follow their usual purchasing and
stocking practices unless instructed
otherwise by the ASD(M&RA).
(3) Any purchasing agent or manager
of a retail outlet must request in writing
a review from the Board and
ASD(M&RA) determination about
questionable material either before
purchase or as soon as possible if:
(i) He or she has reason to believe that
material offered or to be offered for sale
or rental on property under DoD
jurisdiction may be sexually explicit as
defined in 10 U.S.C. 2495b.
(ii) Such material is not addressed by
the ASD(M&RA)’s guidance issued in
paragraph (c)(2) of this section.
(4) Material determined to be sexually
explicit by the ASD(M&RA) may be
submitted to the Board for
reconsideration every 5 years. If
substantive changes in the publication
standards occur earlier, the purchasing
agent or manager of a retail outlet under
DoD jurisdiction may request a review.
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Jkt 238001
(5) The Board will establish
procedures for the exchange services to
provide material for the Board to
review.
Dated: December 15, 2015.
Aaron Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2015–31918 Filed 12–21–15; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF EDUCATION
34 CFR Chapter II
[Docket ID ED–2015–OESE–0130]
Implementing Programs under Title I of
the Elementary and Secondary
Education Act
Department of Education
(Department).
ACTION: Request for information and
notice of meetings.
AGENCY:
The Secretary of Education
(Secretary) is soliciting advice and
recommendations from interested
parties prior to publishing proposed
regulations to implement programs
under title I of the Elementary and
Secondary Education Act of 1965, as
amended (title I). Programs under title I
are designed to help disadvantaged
children meet high academic standards.
The Secretary invites advice and
recommendations concerning topics for
which regulations may be helpful to
assist States, school districts, and
schools to implement the new law. In
addition, we will convene two regional
meetings at which interested parties
may provide additional advice and
recommendations.
DATES: We must receive your written
comments on or before January 21,
2016. The dates, times, and locations of
the regional meetings are listed under
the SUPPLEMENTARY INFORMATION section
of this document.
ADDRESSES: Submit your comments
through the Federal eRulemaking Portal
or via postal mail, commercial delivery,
or hand delivery. We will not accept
comments by fax or email. To ensure
that we do not receive duplicate copies,
please submit your comments only
once. In addition, please include the
Docket ID at the top of your comments.
• Federal eRulemaking Portal: Go to
www.regulations.gov to submit your
comments electronically. Information
on using Regulations.gov, including
instructions for accessing agency
documents, submitting comments, and
viewing the docket is available on the
site under the ‘‘Help’’ tab.
SUMMARY:
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• Postal Mail, Commercial Delivery,
or Hand Delivery: If you mail or deliver
your comments in response to this
request, address them to Deborah Spitz,
U.S. Department of Education, 400
Maryland Avenue SW., Room 3E306,
Washington, DC 20202.
Privacy Note: The Department’s
policy is to make all comments received
from members of the public available for
public viewing in their entirety on the
Federal eRulemaking Portal at
www.regulations.gov. Therefore,
commenters should be careful to
include in their comments only
information that they wish to make
publicly available.
FOR FURTHER INFORMATION CONTACT:
Deborah Spitz, U.S. Department of
Education, 400 Maryland Avenue SW.,
Room 3E306, Washington, DC 20202.
Telephone: (202) 260–3793 or by email:
ESSA.publichearing@ed.gov.
If you use a telecommunications
device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay
Service (FRS), toll free, at 1–800–877–
8339.
SUPPLEMENTARY INFORMATION:
Background: On December 10, 2015,
the President signed into law the ‘‘Every
Student Succeeds Act’’ (ESSA),
amending the Elementary and
Secondary Education Act of 1965
(ESEA). The ESSA reauthorizes the
ESEA and advances the ESEA’s legacy
of equity and opportunity by, among
other things, requiring States to hold all
students to high academic standards
that prepare them for success in college
and careers. The ESSA also requires
that, if students fall behind in meeting
these standards, States and local
educational agencies (LEAs) implement
evidence-based interventions to help
them and their schools improve, with a
particular focus on the lowestperforming schools, high schools with
low graduation rates, and schools in
which subgroups of students are
underperforming.
The programs included in title I are
designed to help disadvantaged children
meet high academic standards. These
programs include: Improving Basic
Programs Operated by State and Local
Educational Agencies (part A); State
Assessment Grants (part B); Education
of Migratory Children (part C);
Prevention and Intervention Programs
for Children and Youth who are
Neglected, Delinquent, or At-Risk (part
D); and Flexibility for Equitable PerPupil Funding (part E).
The ESSA maintained a number of
requirements for, and made a number of
significant changes to, the title I
programs, including the following:
E:\FR\FM\22DEP1.SGM
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]]>Agencies
[Federal Register Volume 80, Number 245 (Tuesday, December 22, 2015)]
[Proposed Rules]
[Pages 79526-79528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31918]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 235
[Docket ID: DOD-2013-OS-0220]
RIN 0790-AJ15
Prohibition of the Sale or Rental of Sexually Explicit Material
on DoD Property
AGENCY: Under Secretary of Defense for Personnel and Readiness, DoD.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This rulemaking codifies in the Code of Federal Regulations
the policy for restrictions on the sale or rental of sexually explicit
materials on property under the jurisdiction of the DoD, or by Service
members or DoD civilian employees acting in their official capacities
based on 10 U.S.C. 2495b. It also establishes the Resale Activities
Review Board (referred to in this rule as the ``Board'').
DATES: Comments must be received by February 22, 2016.
ADDRESSES: You may submit comments, identified by docket number and/or
RIN number and title, by any of the following methods:
Federal Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Department of Defense, Office of the Deputy Chief
Management Officer, Directorate of Oversight and Compliance, Regulatory
and Audit Matters Office, 9010 Defense Pentagon, Washington, DC 20301-
9010.
Instructions: All submissions received must include the agency name
and docket number or Regulatory Information Number (RIN) for this
Federal Register document. The general policy for comments and other
submissions from members of the public is to make these submissions
available for public viewing on the Internet at https://www.regulations.gov as they are received without change, including any
personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: Ryan Atkins, 703-588-0619.
SUPPLEMENTARY INFORMATION: Revisions to the rulemaking 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.
Executive Summary
10 U.S.C. 2495b prohibits the sale or rental of sexually explicit
material on property under DoD jurisdiction. The section also requires
DoD to establish the Resale Activities Review Board (the Board) to
review material offered for sale or rental on property under DoD
jurisdiction and to make recommendations to the Secretary of Defense,
in accordance with section 2495b. Any material that is determined to be
sexually explicit, as defined by section 2495b, is not offered and if
materials are already on store shelves, they are removed.
This proposed rule will cost the DoD approximately $5,500 annually
for the life of the rule to manage the Board. It is anticipated that
the costs will recur for the life of the proposed rule varying for
inflation. 10 U.S.C. 2495b authorizes Board members travel expenses
while away from their homes or regular places of business in the
performance of services for the Board. DoD implemented section 2495b by
issuing DoD Instruction (DoDI) 4105.70, ``Prohibition of the Sale or
Rental of Sexually Explicit Material on DoD Property'' (the
Instruction). This instruction is available on the Internet from the
DoD Issuances Web site at https://www.dtic.mil/whs/directives. The
Instruction established DoD policy that prohibits the sale or rental of
sexually explicit material on property under DoD jurisdiction, and no
Service member or DoD civilian employee, acting in his or her official
capacity, will provide for sale, remuneration, or rental any sexually
explicit material to another person. This proposed rule facilitates
DoD's compliance with the requirements of 10 U.S.C. 2495b and fulfills
the requisite public notification of the DoD process to implement this
statutory requirement.
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, distribute impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This proposed rule has been designated a ``significant
regulatory action,'' although not economically significant, under
section 3(f) of Executive Order 12866. Accordingly, this proposed rule
has been reviewed by the Office of Management and Budget.
Sec. 202, Public Law 104-4, ``Unfunded Mandates Reform Act''
Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA)
(Pub. L. 104-4) requires agencies assess anticipated costs and benefits
before issuing any rule whose mandates require spending in any 1 year
of $100 million in 1995 dollars, updated annually for inflation. In
2014, that threshold is approximately $141 million. This proposed rule
will not mandate any requirements for State, local, or tribal
governments, nor will it affect private sector costs.
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)
The Department of Defense certifies that this proposed rule is not
subject to the Regulatory Flexibility Act (5 U.S.C. 601) because it
would not, if promulgated, have a significant economic impact on a
substantial number of small entities. 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)
It has been certified that 32 CFR part 235 does not impose
reporting or recordkeeping requirements under the Paperwork Reduction
Act of 1995.
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 proposed rule will not have a substantial effect on
State and local governments.
List of Subjects in 32 CFR Part 235
Business and industry, Concessions, Government contracts, Military
personnel.
[[Page 79527]]
Accordingly 32 CFR part 235 is proposed to be revised to read as
follows:
PART 235--PROHIBITION OF THE SALE OR RENTAL OF SEXUALLY EXPLICIT
MATERIAL ON DOD PROPERTY
Sec.
235.1 Purpose.
235.2 Applicability.
235.3 Definitions.
235.4 Policy.
235.5 Responsibilities.
235.6 Resale Activities Review Board.
Authority: 10 U.S.C. 2495b.
Sec. 235.1 Purpose.
(a) Pursuant to 10 U.S.C. 2495b and consistent with DoD Instruction
1330.09 ``Armed Services Exchange Policy,'' (available at https://www.dtic.mil/whs/directives/corres/pdf/133009p.pdf), this part
establishes policy and assigns responsibilities concerning the
prohibition on the sale or rental of sexually explicit materials:
(1) On property under the jurisdiction of the DoD; and
(2) By Service members or DoD civilian employees acting in their
official capacities.
(b) Establishes the Resale Activities Review Board (the Board)
pursuant to 10 U.S.C. 2495b and consistent with DoD Instruction
5105.18, ``DoD Intergovernmental and Intragovernmental Committee
Management Program'' (available at https://www.dtic.mil/whs/directives/corres/pdf/510518p.pdf).
Sec. 235.2 Applicability.
This part applies to the Office of the Secretary of Defense, the
Military Departments, the Office of the Chairman of the Joint Chiefs of
Staff and the Joint Staff, the Combatant Commands, the Office of the
Inspector General of the Department of Defense, the Defense Agencies,
the DoD Field Activities, and all other organizational entities within
the DoD (referred to collectively in this part as the ``DoD
Components'').
Sec. 235.3 Definitions.
Unless otherwise noted, these terms and their definitions are for
the purpose of this part.
Dominant theme. A theme of any material that is superior in power,
influence, and importance to all other themes in the material combined.
Lascivious. Lewd and intended or designed to elicit a sexual
response.
Material. An audio recording, a film or video recording, or a
periodical with visual depictions, produced in any medium.
Property under the jurisdiction of the DoD. Includes commissaries,
all facilities operated by the Army and Air Force Exchange Service, the
Navy Exchange Service Command, the Navy Resale and Services Support
Office, and the Marine Corps Exchange; and ship stores.
Sexually explicit material. Material, the dominant theme of which
is the depiction or description of nudity, including sexual or
excretory activities or organs, in a lascivious way.
Sec. 235.4 Policy.
It is DoD policy that:
(a) No sexually explicit material will be offered for sale or
rental on property under DoD jurisdiction.
(b) No Service member or DoD civilian employee, acting in an
official capacity, may offer for sale, remuneration, or rental sexually
explicit material to another person.
Sec. 235.5 Responsibilities.
(a) The Assistant Secretary of Defense for Manpower and Reserve
Affairs (ASD(M&RA)), under the authority, direction, and control of the
Under Secretary of Defense for Personnel and Readiness (USD(P&R)), and
in accordance with DoD Directive 5124.02, ``Under Secretary of Defense
for Personnel and Readiness (USD(P&R))'' (available at https://www.dtic.mil/whs/directives/corres/pdf/512402p.pdf) and DoD Directive
5124.09, ``Assistant Secretary of Defense for Readiness and Force
Management (ASD(R&FM))'' (available at https://www.dtic.mil/whs/directives/corres/pdf/512409p.pdf), will:
(1) Monitor and ensure compliance with this part.
(2) Establish the nine-member Board.
(3) Appoint six Board members and three alternates in accordance
with 10 U.S.C. 2495b and paragraph (a) of Sec. 235.6.
(4) Designate one Board member to be the Chair.
(5) Monitor the activities of the Board and ensure that the Board
discharges its responsibilities as described in Sec. 235.6.
(6) Review the Board's recommendations and make the final
determination whether material is sexually explicit, as defined by 10
U.S.C. 2495b.
(b) Under the authority, direction, and control of the ASD(M&RA),
the Deputy Assistant Secretary of Defense for Military Community and
Family Policy (DASD(MC&FP)) will:
(1) Administer the Board and provide military resale policy
guidance.
(2) Publicize the Board's recommendations through the Office of the
USD(P&R) public Web site.
(c) The General Counsel of the Department of Defense will provide
legal advice to the Board.
(d) The Secretaries of the Military Departments will:
(1) Ensure that their respective Department's resale activities
comply with this part.
(2) Each appoint one member to the Board, in accordance with 10
U.S.C. 2495b.
(3) Provide nominees to the ASD(M&RA) concerning the six Board
members and three alternates appointed by the ASD(M&RA) in accordance
with paragraph (a) of Sec. 235.6.
(4) Promptly notify the DASD(MC&FP) of a current or projected
vacancy on the Board.
(e) The Chief of the National Guard Bureau recommends to the
ASD(M&RA) a senior noncommissioned officer for appointment to the Board
who will represent the Senior Enlisted Advisor of the National Guard
Bureau.
Sec. 235.6 Resale Activities Review Board.
(a) Composition. The Board will have nine members and three
alternates, including at least one member appointed by the ASD(M&RA)
with experience managing or advocating for military family programs and
who is also an eligible patron of the Defense commissary system and the
Defense exchange system.
(1) Board members and alternates will be representatives of the
following:
(i) The Senior Enlisted Advisors of the Army, the Navy, the Air
Force, Marine Corps, and the National Guard Bureau;
(ii) The Surgeons General of the Army, the Navy, and the Air Force;
(iii) The military community and family programs of the Army, Navy,
Air Force, and Marine Corps.
(2) Board members will be senior full-time or permanent part-time
DoD civilian employees or active duty Service members not currently
assigned to or employed by the Army and Air Force Exchange Service, the
Navy Exchange Service Command, or the Marine Corps Exchange Service.
(3) The ASD(M&RA) will appoint one member to be Chair for a 2-year
term; the Chair will rotate among the Military Departments.
(4) A vacancy on the Board will be filled in the same manner as the
original appointment.
(b) Authorities. (1) The Board has the authority and responsibility
to review material offered or to be offered for sale or rental on
property under DoD jurisdiction and to recommend to the ASD(M&RA)
whether any such material is sexually explicit as defined in 10 U.S.C.
2495b.
[[Page 79528]]
(2) If the ASD(M&RA) determines that any material offered for sale
or rental on property under DoD jurisdiction is sexually explicit, such
material must be withdrawn from all retail outlets where it is sold or
rented and returned to distributors or suppliers. Any material that is
determined to be sexually explicit will not be offered for sale or
rental on property under DoD jurisdiction unless the Board reconsiders
the material under paragraph (c)(4) of this section, and the ASD(M&RA)
decides that the material is not sexually explicit.
(c) Procedures. (1) The Board will convene at least once a year,
and additionally as necessary, to review and make recommendations to
the ASD(M&RA) concerning whether any material offered or to be offered
for sale or rental on property under DoD jurisdiction is sexually
explicit as defined in 10 U.S.C. 2495b. The Board will, to the extent
practicable, maintain and update relevant information about Board
recommendations.
(2) At the conclusion of the Board's review and the ASD(M&RA)
determination, the ASD(M&RA) will issue guidance to the Military
Departments for exchange service headquarters, purchasing agents, and
managers of retail outlets about the purchase, withdrawal, and return
of sexually explicit material. The ASD(M&RA) may also provide guidance
to the Military Departments for exchange service headquarters,
purchasing agents, and managers of retail outlets about material that
he or she has determined is not sexually explicit. Purchasing agents
and managers of retail outlets will continue to follow their usual
purchasing and stocking practices unless instructed otherwise by the
ASD(M&RA).
(3) Any purchasing agent or manager of a retail outlet must request
in writing a review from the Board and ASD(M&RA) determination about
questionable material either before purchase or as soon as possible if:
(i) He or she has reason to believe that material offered or to be
offered for sale or rental on property under DoD jurisdiction may be
sexually explicit as defined in 10 U.S.C. 2495b.
(ii) Such material is not addressed by the ASD(M&RA)'s guidance
issued in paragraph (c)(2) of this section.
(4) Material determined to be sexually explicit by the ASD(M&RA)
may be submitted to the Board for reconsideration every 5 years. If
substantive changes in the publication standards occur earlier, the
purchasing agent or manager of a retail outlet under DoD jurisdiction
may request a review.
(5) The Board will establish procedures for the exchange services
to provide material for the Board to review.
Dated: December 15, 2015.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2015-31918 Filed 12-21-15; 8:45 am]
BILLING CODE 5001-06-P
