[Federal Register Volume 59, Number 78 (Friday, April 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9621]


[[Page Unknown]]

[Federal Register: April 22, 1994]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Parts 246 and 247

[DoD Directive 5122.11 and DoD Instruction 5120.4]

 

Stars and Stripes (S&S) Newspaper and Business Operations

AGENCY: American Forces Information Service, DoD.

ACTION: Final rule.

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SUMMARY: This document revises DoD policy concerning the Stars and 
Stripes newspapers and business operations. The revisions are intended 
to promote efficiency and economy by updating procedures to meet 
changed circumstances, and to accommodate recommendations made by the 
General Accounting Office in a Congressionally mandated examination of 
Stars and Stripes operations.

EFFECTIVE DATE: October 5, 1993.

FOR FURTHER INFORMATION CONTACT:
Richard Oleszewski, (703) 274-4868.

SUPPLEMENTARY INFORMATION: On August 5, 1993 (58 FR 41671), the 
Department of Defense published the proposed rule requesting public 
comments concerning Stars and Stripes newspaper and business 
operations. Only one written comment was received, which expressed 
support for the new guidelines for Stars and Stripes advertising.

Executive Order 12866, ``Regulatory Planning and Review''

    It has been determined that 32 CFR parts 246 and 247 do not 
constitute ``significant regulatory action.'' They do not:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, jobs, the environment, public health or safety, 
or State, local, or tribal governments or communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
Executive Order 12866 (1993).

Public Law 96-354, ``Regulatory Flexibility Act''

    It has been certified that these rules are not subject to the 
Regulatory Flexibility Act (5 U.S.C. 601). These rules revise existing 
rules that establish policy, assign responsibilities and prescribe 
procedures within the Department of Defense with regard to the 
activities of the Stars and Stripes' newspapers and business 
operations. Their primary effect will be to promote efficiency and 
economy in the Stars and Stripes organization. They will have minimal, 
if any, effect upon small businesses.

Public Law 96-511, ``Paperwork Reduction Act''

    It has been certified that 32 CFR parts 246 and 247 do not impose 
any reporting or recordkeeping requirements under the Paperwork 
Reduction Act of 1980 (44 U.S.C. 3501-3520).

List of Subjects in 32 CFR Parts 246 and 247

    Government publications, Newspapers and magazines.

    Accordingly, title 32, subchapter M, is amended to add part 246 and 
amend part 247 to read as follows:

PART 246--STARS AND STRIPES (S&S) NEWSPAPER AND BUSINESS OPERATIONS

Sec.
246.1  Purpose.
246.2  Applicability.
246.3  Definitions.
246.4  Policy.
246.5  Responsibilities.
246.6  Procedures.
246.7  Information requirements.
Appendix A to Part 246--Mission
Appendix B to Part 246--Business and Financial Operations
Appendix C to Part 246--Personnel Policies and Procedures
Appendix D to Part 246--Editorial Operations
Appendix E to Part 246--Stars and Stripes (S&S) Board of Directors

    Authority: 10 U.S.C. 136.


Sec. 246.1  Purpose.

    This part:
    (a) Establishes policy, assigns responsibilities, and prescribes 
procedures for the S&S organizations owned by designated Unified 
Commands consistent with 32 CFR part 372.
    (b) Supersedes policies and procedures in 32 CFR part 247 about the 
S&S newspapers.
    (c) Authorizes the establishment, management, operation, and 
oversight of the Stars and Stripes, including the resale of commercial 
publications necessary to support the overall S&S mission, production, 
distribution authority, and business operations as mission-essential 
activities of the Department of Defense and the designated Unified 
Commands.
    (d) Designates the Secretary of the Army as the DoD Executive Agent 
for providing administrative and logistical support to the American 
Forces Information Service (AFIS), designated Unified Commands, and the 
S&S.
    (e) Authorizes the Commander in Chief, U.S. European Command, and 
the Commander in Chief (CINC), U.S. Pacific Command, to establish and 
maintain a S&S board of directors to address S&S business operations in 
their Unified Commands.


Sec. 246.2  Applicability.

    This part applies to the Office of the Secretary of Defense, the 
Military Departments (including their National Guard and Reserve 
components), the Chairman of the Joint Chiefs of Staff and the Joint 
Staff, the Unified and Specified Commands, the Inspector General of the 
Department of Defense, the Defense Agencies, and the DoD Field 
Activities (hereafter referred to collectively as ``the DoD 
Components''). The term ``the Military Services,'' as used herein, 
refers to the Army, the Navy, the Air Force, and the Marine Corps.


Sec. 246.3  Definitions.

    (a) Adverse Conditions. Conditions that may adversely affect the 
survival of the newspapers such as troop drawdown, increase in troop 
population, currency fluctuations, inflation, armed conflict, national 
contingency deployment, and others.
    (b) S&S Commander/Publisher. The senior position in each S&S 
responsible for simultaneously performing dual functions. This military 
officer commands the S&S to which assigned, while also serving as the 
publisher of the Stars and Stripes produced by that organization.
    (c) S&S Management Action Group (MAG) and S&S Steering Committee. 
These are ad hoc joint committees between the Office of the Assistant 
Secretary of Defense (Public Affairs) [OASD (PA)] and the Office of the 
Assistant Secretary of Defense (Force Management and Personnel) [OASD 
(FM&P)] that address S&S personnel and business policies. The S&S MAG 
is chaired by the senior OASD (PA) AFIS member and includes members 
from the OASD (FM&P) and other DoD offices with the authority and 
expertise to address various S&S problems. The Director of the AFIS, 
and the Deputy Assistant Secretary, OASD (FM&P), serves as co-chairman 
of the S&S Steering Committee that addresses DoD-level S&S issues. 
Neither the DoD S&S Steering Committee, nor the S&S MAG, involve 
themselves in Stars and Stripes editorial policies.
    (d) S&S Ombudsman. A highly qualified journalist hired from outside 
the Department of Defense for a term of 3 years who independently 
advises the Unified Command CINCs, the S&S commander/publisher, the 
Stars and Stripes editor, the Director of the AFIS, and the Congress on 
matters of readership interest in the Stars and Stripes.
    (e) Stars and Stripes. The title of one, or both, depending on the 
context of usage, of the newspapers produced by the S&S.
    (f) Stars and Stripes Editor. The senior civilian position on the 
newspaper editorial staff of the S&S to which he or she is assigned. 
All mention of ``the editor'' in this part refers exclusively to this 
position, unless otherwise specified.
    (g) Stars and Stripes (S&S). The organizations that perform the 
administrative, editorial, and business operations, which include 
newspapers, bookstores, job-printing plants, etc. necessary to do their 
mission.


Sec. 246.4  Policy.

    It is DoD policy that:
    (a) The U.S. European Command and the U.S. Pacific Command are 
authorized to publish the Stars and Stripes and provide support to the 
S&S. The Unified Command component commanders and their public affairs 
staffs shall provide the Stars and Stripes editorial staffs the same 
help provided to commercial newspapers, in compliance with the 
principles governing the release of information to media in 32 CFR part 
375.
    (b) Editorial policies and practices of the Stars and Stripes shall 
be in accordance with journalistic standards governing U.S. daily 
commercial newspapers of the highest quality, with emphasis on matters 
of interest to the Stars and Stripes readership. Except as provided in 
paragraph (e) of this section, the DoD policy for the Stars and Stripes 
is that there shall be a free flow of news and information to its 
readership without news management or censorship. The calculated 
withholding of unfavorable news is prohibited.
    (c) The S&S are basically self-sustaining operations. Each S&S 
shall be administered in accordance with DoD Directive 1015.1\1\ as a 
joint-Service nonappropriated fund (NAF) instrumentality (NAFI) in its 
Unified Command, except where different procedures are specified in 
this part. Funding shall be provided through newspaper sales, resale of 
commercial publications, authorized advertising, job printing, and 
appropriated fund (APF) support as authorized by this part, DoD 
Directive 1015.6\2\ and DoD Instruction 1330.18\3\. The S&S shall 
conduct bookstore operations similar to business operations of 
commercial bookstores in the United States. The Stars and Stripes and 
the S&S bookstores provide important news and information to U.S. 
personnel and their families stationed overseas while generating NAF 
revenues.
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    \1\Copies may be obtained, at cost, from the National Technical 
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
    \2\See footnote 1 to section 246.4(c).
    \3\See footnote 1 to section 246.4(c).
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    (d) The Stars and Stripes personnel procedures shall differ from 
commercial newspapers only because the S&S are U.S. Government 
organizations that are required to operate in accordance with the 
following:
    (1) 32 CFR part 40, other Federal laws and DoD Directives that 
affect all DoD employees, and the Manual for Courts Martial (MCM), 
1984\4\, for S&S military personnel on active duty.
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    \4\See footnote 1 to section 246.4(c).
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    (2) National security constraints prescribed by E.O. 12356 (47 FR 
14874 and 15557, 3 CFR, 1982 Comp., p. 166).
    (3) Overseas status of forces agreements (SOFAs), where applicable.
    (e)(1) The only circumstances under which news or information that 
is not in the public domain may be directed to be withheld from 
publication in the Stars and Stripes by a Unified Command CINC are when 
such publication:
    (i) Involves disclosure of classified national security 
information.
    (ii) Would adversely affect national security.
    (iii) Clearly endangers the lives of U.S. personnel.
    (2) Those circumstances in paragraphs (e)(1)(i) through (e)(1)(iii) 
may not be construed to permit the calculated withholding of news 
unfavorable to the Department of Defense, the Military Services, or the 
U.S. Government. Only the Unified Command CINC may authorize 
withholding of news or information from the Stars and Stripes. When the 
CINC directs withholding of publication, the Unified Command shall 
immediately inform the ASD(PA) by telephone and then forward an 
immediate precedence, appropriately classified, message to the 
following: SECDEF Washington DC//OATSD-PA, with information copies to 
the Director, AFIS, and the Special Assistant for Public Affairs to the 
Chairman of the Joint Chiefs of Staff. The CINC may include the 
appropriate ``AMEMBASSY'' as an information addressee.
    (f) Sensitivities of host-nations shall not be a reason to withhold 
any story from publication in the Stars and Stripes. The Unified 
Command theater host-nation sensitivity lists prepared for the Armed 
Forces Radio and Television Service (AFRTS) shall not be used to 
restrict the content of the Stars and Stripes. If representatives of 
other governments show an interest in, or concern about, the content of 
the Stars and Stripes, they shall be informed that:
    (1) The Stars and Stripes does not represent the official position 
of the U.S. Government, including the Department of Defense or the 
Unified Command.
    (2) The Stars and Stripes is an unofficial, abstracted collection 
of commercial news and opinion available to commercial newspapers in 
the United States, along with Stars and Stripes editorial staff-
generated DoD, command, and local news and information. The Stars and 
Stripes provides this information to the members of the Department of 
Defense and their family members serving overseas, as do commercial 
daily newspapers that are published and sold throughout the United 
States in keeping with the principles of the First Amendment to the 
U.S. Constitution.
    (g) The Department of the Army shall be the DoD Executive Agency to 
provide APF and NAF support to the S&S. APFs shall be provided, when 
required by adverse conditions or special circumstances as defined in 
Sec. 246.3, by the Military Services, as agreed on through a memorandum 
of agreement (MOA) detailing the shared responsibilities, and approved 
by the OSD and the Unified Commands.


Sec. 246.5  Responsibilities.

    (a) The Assistant to the Secretary of Defense (Public Affairs), 
under 32 CFR part 375, as the principal staff assistant to the 
Secretary of Defense for internal information policy and programs, 
including S&S matters, shall:
    (1) Provide policy and broad operational guidance to the Director 
of the AFIS.
    (2) Monitor and evaluate the overall effectiveness of the policies 
in Sec. 246.4, and procedures in Sec. 246.6.
    (b) The Director, American Forces Information Service, under 32 CFR 
part 372 shall:
    (1) Develop, issue, and oversee the implementation of policies and 
procedures for the Unified Commands and the Military Departments for 
the operation of the S&S.
    (2) Provide business and policy counsel on the mission performance 
and financial operations of the S&S.
    (3) Serve as the DoD point of contact with the Congressional Joint 
Committee on Printing (JCP) for S&S matters.
    (4) In coordination with the Chairman of the Joint Chiefs of Staff 
and the ATSD(PA), provide broad and overall planning guidelines to the 
Unified Commands for S&S wartime operations that involve more than one 
area of responsibility.
    (5) Chair, as required, at the Deputy Assistant to the Secretary of 
Defense level, or above, the steering committee providing guidance to 
the S&S MAG.
    (6) Select and employ the S&S Ombudsman.
    (c) The Secretaries of the Military Departments shall:
    (1) Nominate the most highly-qualfied military personnel for 
positions in the S&S in acordance with Appdendix C to this part.
    (2) Enter into appropriate MOAs, as provided by the Unified 
Commanders and, as required by the Office of the Secretary of Defense 
(OSD), to provide APF and/or NAF support when required by adverse 
conditions as defined in Sec. 246.3(a).
    (d) The Secretary of the Army shall:
    (1) Provide administrative and logistic support, as the DoD 
Executive Agent, to the S&S organizations.
    (2) Support NAF and APF accounting and reporting procuedures 
required by DoD Instruction 7000.12\5\, in coordination with the 
Unified Commands and the Director of the AFIS.
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    \5\See footnote 1 to Sec. 246.4(c).
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    (3) Designate the successor-in-interest to the S&S, as agreed upon 
by the applicable Unified Command and the Director of the AFIS.
    (e) The Commander in Chief, U.S. European Command, and the 
Commander in Chief, U.S. Pacific Command, shall:
    (1) Authorize a Stars and Stripes newspaper, provide operational 
direction to the S&S commander publisher, and support the S&S 
throughout the Unified Command area of responsibility, consistent with 
each organization's status as a category B NAFI.
    (2) Provide Unified Command regulations and guidance, as needed, to 
carry out this part.
    (3) Establish procedures to resolve situations wherein a U.S. 
Ambassador (or, if so designated, the chief of mission) believes a 
specific issue in his or her nation of responsibility, not already in 
the public domain through other news sources, would violate national 
security or endanger the safety of American citizens, or other persons 
under their jurisdiction, if it were to be published in the Stars and 
Stripes.
    (4) Select the S&S commander/publisher and other military officers 
in S&S positions.
    (5) Aid the S&S commander/publisher to educate the Stars and 
Stripes editorial staff about the missions of their Unified Command and 
Military Service component commands.
    (6) Approve the selection of the Stars and Stripes editor.
    (7) Establish and maintain a S&S board of directors to address S&S 
business operations. (See Appendix E to this part)
    (8) Establish and maintain Stars and Stripes readership forums, 
which may take many forms, to address Stars and Stripes matters of 
interest and S&S bookstore operations. Those forums are to provide 
community feedback to the S&S. This will enable the S&S commander/
publisher and the Stars and Stripes editor to better understand and, 
thereby, better serve the interests and needs of the readers and 
bookstore customers.
    (9) At the discretion of the Unified Command CINC, provide for 
meetings between the S&S commander/publisher and the Stars and Stripes 
editor, the Unified Command public affairs office, and the Unified 
Command component commands, represented by their directors of public 
affairs, to discuss the performance of the Stars and Stripes and the 
performance of related public affairs operations. The Unified Commands, 
their component commands, and the S&S may invite any attendees they 
choose. Representatives from the AFIS may attend. Those meetings may 
not serve as editorial advisory boards. The Unified Command and 
component commands represent the principal source, and a prominent 
subject, of Stars and Stripes staff-generated news coverage. 
Consequently, any involvement or appearance of involvement by component 
command staffs in the Stars and Stripes editorial policy creates an 
unacceptable conflict of interest damaging to the editorial integrity 
and credibility of the Stars and Stripes.
    (10) Ensure that the S&S Commander/Publisher:
    (i) Assumes the duties and responsibilities of command, leadership, 
management, and training for the S&S.
    (ii) Executes DoD and Unified Command policy.
    (iii) Is responsible to the Unified Command CINC for S&S operations 
to include the newspaper publication and timely circulation, the 
operation of the S&S resale and job printing activities, and associated 
distribution systems in the relevant Unified Command area of 
responsibility.
    (iv) Provides planning and execution of initiatives to ensure 
support of U.S. Armed Forces during contingency operations and armed 
conflict. The S&S commander/publisher shall identify wartime and 
contingency S&S personnel asset requirements to the Unified Command 
CINC to fulfill the Unified Command force responsibilities during armed 
conflict.
    (v) Selects the Stars and Stripes editor.
    (vi) Approves, in coordination with the Stars and Stripes editor, 
military personnel selectees for the Stars and Stripes editorial staff. 
(See Appendix C to this part)
    (vii) Provides a current status briefing and 2-year financial 
forecast to the Director of the AFIS at the annual AFIS S&S meeting. 
Provides support to the S&S board of directors as required in Appendix 
E to this part.
    (viii) Conducts frequent independent readership surveys, in 
accordance with DoD Instruction 1100.136, and readership focus 
groups to gather information.
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    \6\See footnote 1 to section 246.4(c).
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    (f) The Other Unified Commanders in Chief shall ensure that their 
deployment exercise, contingency, and war-time planning documents 
reflect the S&S transportation, funding or reimbursement, and in-
theater distribution requirements, as applicable. Information copies of 
such planning documents or annexes shall be furnished to the following:
    (1) U.S. European Command (ATTN: Director, Public Affairs).
    (2) U.S. Pacific Command (ATTN: Director, Public Affairs).
    (3) The AFIS (ATTN: Assistant Director for Plans and Policy).


Sec. 246.6  Procedures.

    (a) General. (1) Authority to establish or disestablish S&S 
operations is from the Secretary of Defense through the ATSD(PA) and 
the Director of the AFIS. The Unified Commands shall forward such 
requests to the Director of the AFIS, as required.
    (2) Classified information shall be protected in accordance with 32 
CFR parts 159 and 159a.
    (3) The Stars and Stripes and the S&S business operations shall 
conform to applicable regulations and laws involving libel, copyright, 
U.S. Government printing and postal regulations, and DoD personnel 
policies and procedures.
    (4) With the concurrence of the Unified Command, the S&S is 
authorized direct communication with the Military Services on S&S 
personnel matters and with the Department of the Army on S&S financial 
matters. The S&S shall keep the Unified Command and the AFIS informed 
of all actions.
    (b) Management Review and Evaluation. (1) The Director of the AFIS 
provides business counsel, assistance, and policy oversight for the 
S&S. The Director of the AFIS shall meet annually with the Unified 
Command representatives, to include the S&S commander/publisher, and 
senior DoD officials who have S&S responsibilities, such as the S&S 
MAG.
    (2) The Director of the AFIS shall be assisted by a S&S MAG 
composed of senior representatives from the AFIS, the OASD(FM&P), and 
the other DoD offices with the authority and expertise to aid in 
solving S&S problems. As needed, the Director of the AFIS may organize 
a DoD steering committee to oversee and aid the S&S MAG to address 
specific concerns identified by the Director of the AFIS and the 
Unified Command CINCs.
    (3) In accordance with DoD Instruction 7600.6\7\, and Army 
implementation thereof, the S&S shall be audited on an annual basis, 
either by the Army Audit Agency (AAA) or by an AAA-approved audit 
contractor. NAF funds of the S&S shall be used for such contracts. The 
audits will be performance audits and may be financial in nature as 
prescribed by the Comptroller General of the United States Government 
Auditing Standards. Each annual audit will determine whether prior 
audit recommendations have been implemented and the reasons any have 
not been implemented. When the Inspector General, DoD, elects to 
perform an audit of the S&S organization, such audit may substitute for 
the required annual audit. The S&S organizations shall coordinate their 
audit requirements with each other and the Army Community and Family 
Support Center to the maximum extent practicable to avoid duplication 
of costs and to increase the efficiency and effectiveness of these 
audits. Information copies of the audit contractor reports shall be 
forwarded by the S&S to the Unified Commands, AFIS and AAA. The S&S 
shall provide a response to the audit to the Unified Command CINC 
within 60 days of receiving the completed report. The S&S response to 
the audit must indicate a concurrence or nonconcurrence for each 
finding and recommendation. For each concurrence the corrective actions 
taken or planned should be described and completion dates for actions 
already taken, as well as the estimated dates for completion of planned 
actions, should be provided. For each nonconcurrence, specific reasons 
must be stated. If appropriate, alternative methods for accomplishing 
desired improvements may be proposed. If nonconcurrences in the 
findings and recommendations cannot be resolved between the S&S 
management and the auditors or AAA endorses the contractors' findings 
and recommendations, then the resolution procedures established by DoD 
Directive 7650.3\8\, and Army Regulations should be followed. The 
Unified Command shall forward the response to the Director of the AFIS 
and the AAA.
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    \7\See footnote 1 to Sec. 246.4(c).
    \8\See footnote 1 to Sec. 246.4(c).
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Sec. 246.7  Information requirements.

    The reporting requirements in Sec. 246.6, and Appendix B to this 
part shall be submitted in accordance with DoD Instruction 7000.12, and 
7600.6, unless specifically excepted by this part.

Appendix A to Part 246--Mission

    A. General. The Stars and Strips (S&S) organizations shall 
contribute to the overall U.S. joint-defense mission overseas by 
providing news and information for the Armed Forces internal 
audiences serving in a Unified Command area of responsibility, or 
deployed in support of designated joint-Service exercises, 
contingency operations, or situations of armed conflict. That shall 
be done through the operation of a daily newspaper and resale 
activities of commercial publications (primarily through the S&S 
bookstores).
    B. Newspapers. The Stars and Stripes coverage of news and 
information makes possible the continued exercise of the 
responsibilities of citizenship by DoD personnel and their families 
overseas. The Stars and Stripes are to be published overseas during 
peacetime, contingency operations, and armed conflicts. They shall 
provide the same range of international, national, and regional news 
and opinion from commercial sources, as is provided by newspapers in 
the United States. Additionally, to better serve their readers, the 
Stars and Stripes shall pay special attention to news of local, 
host-country conditions relevant to their audiences. They shall 
provide, through their reporters and bureaus, news of local military 
communities within the theater and news of the U.S. Government, the 
Department of Defense, the Military Services, and theater operations 
not usually available to readers from outside commercial sources. 
The Stars and Stripes are to serve the interests of their overseas 
DoD readership as do prominent commercial daily newspapers 
throughout the United States.
    C. S&S Bookstores and Retail Operations. The S&S shall serve 
readers' needs for contemporary news and information by providing a 
broad selection of resale commercial publications of interest to 
their customers at the most reasonable prices, either directly in 
the S&S bookstores or through other authorized sales outlets at 
their discretion throughout the Unified Command designated 
geographic area. The S&S shall have the same authorities and rights 
for resale commercial publications that the military exchange 
services have for other nonsubsistence goods and services.
    D. S&S Job Shop Printing. The S&S are authorized to operate job 
shop printing, to include book publishing and/or printing, within 
the Unified Commands for U.S. military community newspapers, 
military organizations, nonappropriated fund (NAF) instrumentalities 
(NAFI), Morale, Welfare, and Recreation (MWR) activities, private 
organizations of interest and concern to the Department of Defense, 
as designated by 32 CFR part 212, DoD employees and their immediate 
families, and others designated by the Unified Command.
    E. War-Time Mission and Contingency Operations. The S&S shall 
provide the Stars and Stripes on a daily basis for transportation 
to, and distribution in, the designated area of operations, as 
requested and funded by the responsible Unified Command Commander-
in-Chief (CINC), and supported by the respective Unified Command 
owning the S&S organization. The Unified Commands shall plan for 
required airlift on a timely basis and intratheater distribution of 
daily Stars and Stripes newspapers as part of their operational 
planning documents. Intratheater distribution and required airlift 
of the Stars and Stripes shall be the responsibility of the 
supported Unified Command CINC and respective component commands, 
who shall reimburse the S&S for nonresale issues on a per-issue 
basis. When deployed to an area of operations, the Stars and Stripes 
reporters shall operate in the same manner as commercial media 
representatives. The deployed Stars and Stripes reporters shall be 
eligible for participation in DoD and command-sponsored regional and 
local media pools.

Appendix B to Part 246--Business and Financial Operations

    A. General Financial Operations. 1. For financial management 
purposes, the Unified Commands shall administer the Stars and 
Stripes (S&S), with policy oversight exercised by the Director of 
the American Forces Information Service (AFIS), as nonappropriated 
fund instrumentalities (NAFIs) in accordance with Sec. 246.4(c), 
except where procedures differ as defined in this part. The S&S 
shall report as prescribed in DoD Instruction 7000.12,\1\ providing 
information copies to the Unified Commands and the Director of the 
AFIS.
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    \1\Copies may be obtained, at cost, from the National Technical 
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
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    a. The S&S shall be authorized nonappropriated fund (NAF) and 
appropriated fund (APF) support as category B NAFIs as provided 
under DoD Instruction 1015.6.\2\
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    \2\See footnote 1 to A.1. of this Appendix.
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    b. The S&S shall be funded to the maximum extent possible 
through the sale and distribution of the newspaper, news magazines, 
books, periodicals, and similar products; job printing; authorized 
advertising revenues; and other authorized sources of revenue, as 
approved by the Department of Defense and the Congress.
    c. APF support shall be kept to a minimum, consistent with the 
S&S mission.
    2. The Secretary of the Army shall be the DoD Executive Agent 
for APF and NAF support to the S&S. If adverse conditions occur, the 
other Military Services shall provide proportionate funding support 
through a memorandum of agreement (MOA) containing funding 
procedures coordinated with the affected Unified Commands and the 
AFIS. Copies of the agreement shall be provided to all concerned 
parties.
    3. The Stars and Stripes and other S&S commercial resale 
publications may be made available within the Unified Command to 
other U.S. Government Agency members, and U.S. Government 
contractors, as approved by the Unified Command.
    4. The S&S system of accounting and internal control shall 
conform with the requirements of DoD Instruction 7000.12, Army 
regulations on Morale, Welfare and Recreation (MWR) activities and 
NAFIs, and NAF accounting policies and procedures, except as 
authorized by the S&S Comptroller's Manual to meet business and 
consolidation requirements. The S&S shall ensure that quarterly 
reports are furnished to the Unified Commands, the S&S Board of 
Directors, and the Director of the AFIS.
    B. Appropriated Funds. In addition to DoD Directive 1015.6, the 
S&S shall be authorized APF support:
    1. As provided by the U.S. Army for direct funding support when 
adverse conditions make such funding necessary to ensure the 
survival of the newspaper without impairment of mission capability. 
The Secretary of the Army shall provide such funding when requested 
by the affected Unified Command Commander-in-Chief (CINC), through 
the Director of the AFIS.
    2. For regional air transportation of the newspaper, overseas 
``transportation of things'' as authorized to joint-Service NAFIs; 
and electronic, optical, or satellite transmission of the newspaper 
when long distances require these modes to ensure timely and 
economical delivery.
    3. As required, to transport Stars and Stripes to officially 
designated ``remote and isolated'' locations. The Unified Commands 
may authorize DoD official postage to remote and isolated locations, 
if that action is required to ensure timely delivery. Each S&S shall 
annually review its mailing support to minimize APF expenditures. 
The U.S. postal regulations apply to the S&S.
    a. The S&S shall use in-house or other non-postal means of 
transportation to distribute the newspaper to areas that are not 
designated as remote and isolated.
    b. The S&S are authorized to use official managerial and 
administrative mail related exclusively to the business of the U.S. 
Government in accordance with DoD 4525.8-M,\3\ Chapter 3, Subsection 
O.8. Such official mail is also authorized to support archive 
responsibilities in the United States, as designated by the AFIS. 
Official mail may forward the Stars and Stripes through the 
Department of Defense to the Congress. Official mail is not 
authorized to provide the Stars and Stripes to general readership or 
to support in-theater distribution of S&S resale commercial 
publications.
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    \3\See footnote 1 to A.1. of this Appendix.
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    4. For transportation of military personnel incident to mission-
essential travel, required military training, participation in 
contingency operations, in military field exercises, such as 
``REFORGER'' or ``TEAM SPIRIT,'' or to areas of armed conflict.
    5. In times of armed conflict or national contingency 
deployment, as directed by the Chairman of the Joint Chiefs of Staff 
for production and free distribution of the Stars and Stripes to 
forces as designated. The other Military Services shall reimburse 
the Department of the Army for services as authorized in the MOA. 
The Unified Commands shall endeavor to provide the Stars and Stripes 
and other S&S services for DoD personnel engaged in military 
operations, contingency operations, and exercises in the most 
expeditious manner possible as requested by the participating 
commands. The requesting Unified Command shall be responsible for 
distribution of the Stars and Stripes within its theater of 
operations. These services shall be provided on a reimbursable basis 
to the S&S.
    6. In other agreements as made with the Unified Commands, the 
Department of Defense, and the U.S. Army as the DoD Executive 
Agency.
    C. Nonapproriated Funds. 1. So that the Department of the Army 
may perform its duties as the DoD Executive Agency, the S&S NAFS 
shall be invested in the Army's Banking and Investment Program and 
insured with the Army's Risk Management Insurance Program in 
accordance with DoD instruction 7000.12 and the implementing Army 
regulations.
    2. Excess NAFs belonging to the S&S may be declared excess by 
the Unified Command CINC, upon the recommendation of the S&S board 
of directors, under the guidelines in section C.3. of this Appendix. 
Disposition of excess NAFs shall be as directed by the Unified 
Command CINC. The S&S NAFs declared in excess in one theater may be 
allocated or loaned to the other Unified Command for S&S-related 
activities.
    3. The S&S NAFs may be declared in excess only if the following 
conditions are met:
    a. The S&S working capital is at a level to continue prudent 
operations.
    b. The local national S&S employee retirement and severance 
accounts are fully funded. The other S&S employment agreements 
required by applicable NAF regulations must also be fully funded.
    c. Sufficient capital is available from an investment and/or 
contingency fund to complete all planned and projected capital 
expenditure projects, and to fulfill the other legitimate S&S 
business obligations.
    d. Additional sinking funds are available to sustain the S&S 
through foreseeable periods of financial crisis created by adverse 
conditions. The sinking fund level shall be determined by the S&S 
board of directors and recommended to the Unified Command CINC for 
approval.
    e. The retail price of the Stars and Stripes is at, or below, 
the most prevalent charge for similar U.S. newspapers. That shall be 
determined by the S&S board of directors and recommended to the 
Unified Command CINC for approval. The Director of the AFIS will be 
informed of any decision to raise the retail sales price of Stars 
and Stripes and will provide the Unified Command CINC an assessment 
of average commercial newspaper sales prices throughout the United 
States. The availability of the Stars and Stripes at reasonable cost 
to overseas personnel, commensurate with the retail sales price of 
comparable commercial newspapers throughout the United States, is a 
major quality-of-life consideration. A reasonable retail sales price 
is critical to ensure the greatest access for all overseas personnel 
and their family members to current print news and information so 
that they may remain informed U.S. citizens.
    f. The S&S books, periodicals, magazines, and similar products 
are to be sold at no more than cover price and should be discounted 
to an appropriate level that still sustains full S&S operations, as 
determined by the S&S board of directors and recommended to the 
Unified Command CINC for approval.
    4. Under adverse conditions, the S&S commander/publisher may 
apply for NAF support through the Unified Commands to the Director 
of the AFIS. Following approval by the Unified Command, the Director 
of the AFIS shall forward the request to the Secretary of the Army 
for appropriate action. Such NAF requests must first be recommended 
by the S&S board of directors and approved by the Unified Command 
CINC. In these cases, the S&S NAFs in either Unified Command may be 
considered as the first source before forwarding a request to the 
Department of the Army. The Unified Commands may lend NAFs from one 
S&S to the other through an MOA.
    D. Bookstores and Related Resale Activities. 1. The S&S shall 
endeavor to provide the same selection of resale commercial 
publications that would be available in quality bookstores in the 
United States through its bookstores, or, at the discretion of the 
S&S management, other authorized sales outlets. The S&S has the same 
authorities and rights for resale and distribution of commercial 
publications that the military exchange services have on military 
installations for other nonsubsistence goods and services. The 
assortment of commercial books, periodicals, magazines, and similar 
products shall approximate publications commercially available in 
United States bookstore chains of similar size. Decisions on which 
publications to include shall be made by the S&S on the basis of 
marketability and service, not content. As an exception to the Army 
NAF procurement regulations, contracting authority limitations 
applicable to U.S. Army and joint-Service NAFIs do not apply to the 
S&S procurement of resale commercial publications. Limitations will 
be as recommended by the S&S board of directors and approved by the 
Unified Command.
    2. The Unified Command CINC shall adjudicate publications resale 
issues within the theater that cannot be resolved by the S&S at the 
operating level.
    3. Both S&S shall consolidate their wholesale purchases of 
commercial publications to the maximum extent, consistent with 
Unified Command distribution criteria, actual economies of scale, 
and cost-efficiencies. Consolidation initiatives shall be worked in 
concert with the Unified Commands, the AFIS, and the S&S board of 
directors. As recommended by the S&S board of directors and approved 
by the Unified Command CINC, the S&S bookstores shall offer 
discounts similar to commercial United States bookstore franchises. 
The offering of discounts should not endanger the financial 
viability of the S&S.
    4. The S&S bookstores shall be audited by the S&S management at 
least annually. Where bookstores are operating at a consistent 
financial loss, the S&S may consider servicing readers through 
arrangements with exchanges, other military outlets, or consider 
consolidation at central points.
    a. Bookstore inventory levels shall be verified internally on a 
semiannual basis. Inventory levels shall be held to cost-effective 
levels that still consider the servicing needs of overseas 
customers.
    b. The S&S shall establish affidavit-return procedures to 
vendors and/or publishers, where possible, to return damaged 
merchandise, overstock, or out-of-date publications to reduce APF 
expenditures necessary for ``over-the-water'' transportation.
    5. The S&S shall conduct local ``market-penetration'' surveys. 
The S&S shall also operate a ``customer-complaint'' feedback system 
to monitor its service and provide the best possible service to its 
customers. The results of those surveys shall be provided to the 
Unified Command with recommendations to the S&S board of directors, 
as required.
    E. Advertising. 1. As U.S. Government publications, the Stars 
and Stripes operate under the authority of the ``Government Printing 
& Binding Regulations''\4\ issued by the Joint Committee on Printing 
(JCP) of the U.S. Congress. To serve the readership, the JCP has 
granted an exemption to Title III of the ``Government Printing and 
Binding Regulations'', authorizing the Stars and Stripes to carry 
limited advertising so that they may provide information to overseas 
DoD personnel and their families on commercial goods and services. 
The Stars and Stripes are authorized to solicit, sell, publish, and 
circulate display advertising, paid classified ads, and supplement 
section advertising, to include price and brand names of products or 
services and related coupons that are available through authorized 
Government outlets, their concessionaires, NAF activities, or 
private organizations operating on DoD installations under 32 CFR 
part 212. The Stars and Stripes may have run-of-the-paper display 
advertising not to exceed 25 percent of the newspaper over a period 
of 1 month. In addition, the Stars and Stripes are authorized to 
sell, publish, and circulate display advertising, and supplement 
section advertising for consumer goods and services not available 
through authorized Government outlets, their concessionaires, NAF 
activities, or private organizations operating on DoD installations 
under 32 CFR part 212 when sponsored by MWR activities, NAFIs, or 
Type I (Federally Sanctioned) private organizations as defined by 32 
CFR part 212. Implementation of the advertising authority shall be 
as specified by the Director of the AFIS, who shall coordinate with 
the JCP.
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    \4\Copies may be obtained from the Joint Committee on Printing 
of the U.S. Congress, 818 Hart Senate Office Building, Washington, 
DC 20510.
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    2. The Stars and Stripes may sell, through commercial 
advertising agencies, run-of-the-paper advertising of DoD recruiting 
and retention programs or activities.
    3. The S&S has the right to refuse any advertising.
    4. The Stars and Stripes may publish news stories on special 
DoD-affiliated tours or entertainment opportunities for DoD 
personnel and their dependents in accordance with DoD Instructions 
1015.2\5\ and 1330.13\6\.
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    \5\See footnote 1 to A.1 of this Appendix.
    \6\See footnote 1 to A.1 of this Appendix.
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    5. The S&S may promote the Stars and Stripes, books, 
periodicals, magazines and similar products; authorized advertising; 
and job printing services (except APF) in the Stars and Stripes. 
Books, periodicals, magazines, and similar product promotions may 
include publications by name, title, author, and price. The Stars 
and Stripes also may promote literacy, health, safety, and other 
community service issues.
    6. The S&S may promote AFRTS schedules, programs, and services 
in their newspapers and bookstores. The S&S shall cooperate with 
AFRTS outlets to promote each others' programs and services as 
authorized by DoD Directive 5120.20\7\.
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    \7\See footnote 1 to A.1 of this Appendix.
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    7. As a newspaper operated by the Department of Defense, the 
Stars and Stripes may not:
    a. Contain any material that implies that the DoD Components or 
their subordinate levels endorse or favor a specific commercial and/
or individually-owned product, commodity, or service.
    b. Subscribe, even at no cost, to a commercial, feature wire, or 
other service whose primary purpose is the advertisement or 
promotion of commercial products, commodities, or services.
    c. Carry any advertisement that implies discrimination as to 
race, age, origin, gender, politics, religion, or physical 
characteristics that include health.
    F. Trademark. The S&S shall trademark the Stars and Stripes in 
overseas areas where it is distributed.

Appendix C to Part 246--Personnel Policies and Procedures

    A. General Nonappropriated Fund (NAF) Employment Policies. 1. 
The Stars and Stripes (S&S) shall have a personnel system that is 
business oriented in terms of personnel management concepts. The 
system shall provide maximum authority and accountability to the S&S 
managers at all levels and shall endeavor to improve productivity 
through a system of awards and bonuses for high-performing 
employees. The S&S NAF employees shall be governed in accordance 
with the U.S. Army NAF regulations, except where exceptions to 
general policy have been granted by the Unified Commands, the 
American Forces Information Service (AFIS), and the U.S. Army to the 
S&S.
    2. As DoD employees, the S&S civilian personnel shall abide by 
32 CFR part 40, the Department of Defense, the Unified Command, and 
the U.S. Army regulations, U.S. laws governing Government employees, 
the applicable host-nation laws, and the applicable status of forces 
agreements (SOFA) requirements. The S&S commander/publisher shall 
ensure that the S&S employees are made aware of those provisions 
before being hired and that employees receive adequate personnel 
training.
    3. The S&S shall endeavor to recruit civilian personnel with 
solid experience, education, and performance credentials in the 
required business, publishing, or editorial disciplines. The S&S, as 
part of its hiring practices, shall specify terms of Government 
employment and include responsibilities, such as those in 32 CFR 
part 40, so that the S&S civilian employees are fully aware of their 
obligations as DoD employees.
    B. Appropriated Fund (APF) Personnel Assignment Authority. 
Appropriated-funded manpower staffing to operate, manage, or support 
the S&S is authorized under DoD Directive 1015.4.\1\
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    \1\Copies may be obtained, at cost, from the National Technical 
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
---------------------------------------------------------------------------

    C. Military Officer Personnel Procedures. 1. Candidates for the 
S&S military officer positions shall be nominated by the Military 
Services, through the Director of the AFIS, to the Unified Command 
Commander-in-Chief (CINC), who shall make the final selection. The 
S&S military officer positions considered for nomination shall be 
the S&S commander/publisher and deputy commander(s).
    a. The S&S commander/publisher should have military public 
affairs and joint-Service experience, and a journalism degree.
    b. The S&S officers supervising business operations should have 
experience in DoD Comptroller functions and be familiar with laws 
and regulations applicable to DoD and NAFI business operations. A 
master's degree in business administration is desirable, but not 
mandatory.
    c. Instead of an advanced degree or military public affairs 
experience, nominees may be authorized, by the Unified Command CINC 
and the AFIS, to substitute a DoD-funded ``training-with-industry'' 
program with comparable newspaper operations in the United States.
    d. The Unified Commands shall forecast military vacancies in the 
S&S to allow time for the Military Services' nomination processes to 
be completed and provide for education before the S&S assignment.
    e. The Military Services shall provide highly qualified officers 
for all S&S assignments at the required grade levels.
    2. Military officers selected for duty as S&S commander/
publisher shall undergo a ``training-with-industry'' program to 
provide real-world training with a commercial newspaper. That 
program shall be administered by the Director of the AFIS, in 
coordination with the Military Services and the Unified Commands.
    D. Enlisted Members of the Stars and Stripes Editorial Staff. 1. 
Enlisted military personnel shall be assigned to the Stars and 
Stripes editorial staff, as reflected in the designated Unified 
Command Joint Manpower Program (JMP) documents, on a nominative 
basis. The Military Services shall nominate the most mature and 
professional personnel for assignment to the Stars and Stripes 
editorial staff at the required JMP grade- and experience-level, 
coordinating with the Unified Commands and the Director of the AFIS. 
Nominations shall be considered on a competitive basis by the S&S 
commander/publisher and the Stars and Stripes editor. The S&S shall 
request nominations 18 months before projected billet vacancies. The 
Military Services shall forward nominations 6-10 months in advance 
to the S&S, (ATTN: S&S Commander/Publisher). The Military Services 
shall provide the S&S with reasonable overlap of military enlisted 
members serving on the Stars and Stripes editorial staff.
    2. The S&S commander/publisher shall coordinate with the Unified 
Commands to ensure that there is an appropriate mixture of Military 
Service billets and/or assignments represented in the S&S to 
preserve the tradition of the Stars and Stripes as joint-Service 
newspapers.

Appendix D to Part 246--Editorial Operations

    A. General. 1. The Stars and Stripes shall serve the interests 
of their overseas DoD readership, as commercial daily newspapers 
serve their readers throughout the United States. However, as a 
Government organization, the Stars and Stripes news staff may not 
take an independent editorial position. The Stars and Stripes 
editorial practices and policies shall be in accordance with the 
highest standards of American journalism.
    2. The Stars and Stripes editor, with the concurrence of the S&S 
commander/publisher, and the Unified Command Commander-in-Chief 
(CINC), as the owner of the newspaper, may establish a standard code 
of personal and professional ethics and general editorial principles 
similar to those developed at major metropolitan newspapers or by 
professional journalists in organizations such as the Society of 
Professional Journalists. Those codes usually stress the following:
    a. Responsibility of the newspaper to fully inform its 
readership.
    b. Freedom of the press.
    c. Commitment to personal and professional ethics.
    d. Emphasis on content accuracy, objectivity, and fair 
representation of all sides of an issue.
    When developed, copies of the code and style guides shall be 
provided to the Unified Command CINC and the Director of the 
American Forces Information Service (AFIS).
    3. The Stars and Stripes editor shall be responsible for 
developing editorial procedures and, if required, a style guide that 
mirrors daily U.S. commercial newspapers.
    4. The editorial content of the Stars and Stripes shall be 
governed by the general principles applicable to quality commercial 
press as follows:
    a. Presentation of News. A major purpose of the Stars and 
Stripes is to provide news and information from varied sources. This 
aids DoD members and their families stationed overseas to exercise 
their democratic citizenship responsibilities.
    b. Commercially-Contracted News, Features, and Opinion Columns. 
The Stars and Stripes purchase (or contract for) and carry news 
stories, features, syndicated columns, comic strips, and editorial 
cartoons from commercial services or sources. Wire-service news, 
information, and feature material may be edited in accordance with 
source contracts and for space requirements. The Stars and Stripes 
reflect the news of the day being carried in comparable U.S. 
commercial daily newspapers. They should reflect different sides of 
issues over a reasonable amount of time.
    c. Staff-Generated Copy. In keeping with the standards 
established for major daily commercial newspapers in the United 
States, staff-generated news and features in the Stars and Stripes 
shall be accurate, factual, impartial, and objective. News stories 
and feature material shall distinguish between fact and opinion. 
Every effort should be made to attribute quotations and facts to 
identified sources. In the case of controversial or sensitive 
stories, the Stars and stripes editor, or his or her designee, shall 
ascertain the identity of confidential sources, as required by 
normal journalistic practices that ensure that sources are credible. 
The Stars and Stripes may use the normal range of journalistic 
techniques including ``people-on-the-street'' interviews if that 
technique does not constitute a political poll.
    d. Political Campaign News. (1) The Stars and Stripes shall 
publish coverage of the U.S. political campaigns from commercial 
news sources. Presentation of such political campaign news shall be 
made on an impartial, unbiased, and nonpartisan basis reflecting DoD 
policies of non-endorsement of any specific candidate for an elected 
office. Every effort should be made to ensure that the Stars and 
Stripes reflect the full spectrum of campaign news being published 
in the United States on national candidates and issues.
    (2) The Stars and Stripes shall support the Federal Voting 
Assistance Program by carrying factual information about 
registration and voting laws.
    e. The Stars and Stripes shall provide balance in commercial 
syndicated columns. Since the Stars and Stripes may not take an 
independent editorial position, a balanced selection of syndicated 
opinion columns shall be published over a reasonable time period. 
The presentation of syndicated editorial cartoons should reflect the 
full spectrum of topical editorial cartoons being published 
throughout the United States. The S&S commander/publisher shall 
provide the Unified Commands annual assurance that the required 
balance for syndicated opinion columns has been met.
    B. Administrative. 1. The Stars and Stripes shall comply with 
DoD Instruction 1100.13\1\ on polls, surveys, and straw votes. The 
Stars and Stripes may not conduct a poll, a survey, exit polls, or a 
straw vote on any political campaign. The Stars and Stripes may 
publish polls, surveys, and/or straw votes furnished to the 
newspaper through its contracted wire services. The Stars and 
Stripes may not conduct lottery games.
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    \1\Copies may be obtained, at cost, from the National Technical 
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
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    2. The Stars and Stripes shall have the following disclaimer 
placed in the masthead or at the extreme bottom of one of the 
prominent pages, segregated from copy in a box:
    This newspaper is authorized for publication by the Department 
of Defense for members of the Military Services overseas. However, 
the contents of the Stars and Stripes are unofficial, and are not to 
be considered as the official views of, or endorsed by, the U.S. 
Government, including the Department of Defense or the (name of the 
appropriate Unified Command). As a DoD newspaper, the Stars and 
Stripes may be distributed through official channels and use 
appropriated funds for distribution to remote and isolated locations 
where overseas DoD personnel are located.
    The appearance of advertising in this publication, including 
inserts or supplements, does not constitute endorsement by the 
Department of Defense or the Stars and Stripes of the products or 
services advertised.
    Products or services advertised in this publication shall be 
made available for purchase, use, or patronage without regard to 
race, color, religion, sex, national origin, age, marital status, 
physical handicap, political affiliation or any other nonmerit 
factor of the purchaser, user, or patron.
    C. Editorial.  1. The Stars and Stripes news staffs are 
authorized to gather and report news, good and bad, on the 
Department of Defense and its subordinate commands. All reporting 
necessarily requires some investigation and, as with journalists on 
commercial newspapers, the Stars and Stripes news staff members have 
the right and need to ask questions and expect response to fulfill 
the S&S mission. However, the Stars and Stripes is not an authorized 
investigative agency, such as military law enforcement agencies, 
investigative bodies, or an Inspector General, and shall not 
function in that capacity. As DoD employees, the Stars and Stripes 
news staff members must adhere to the DoD personnel policies that 
may not usually apply to journalists employed by commercial 
newspapers and must comply with 32 CFR part 40 and, as applicable, 
the Manual for Courts Martial, 1984.\2\
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    \2\See footnote 1 to B.1. of this Appendix.
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    a. Since most journalistic reporting is investigative by nature, 
``investigative reporting,'' as such, is not banned. The Stars and 
Stripes reporters have the same need to ask questions of sources, 
and expect responses, as do commercial newspaper journalists. While 
the Stars and Stripes staff cannot conduct independent 
investigations that fall under the jurisdiction of various military 
law enforcement or designated investigative agencies, the Stars and 
Stripes may report on open or completed investigations by agencies 
authorized to perform investigative functions. If the Stars and 
Stripes employees note unlawful or criminal actions in their 
performance of duty, they must report such incidents immediately to 
the S&S commander/publisher or to their immediate supervisor, in 
accordance with 32 CFR part 40, who shall also comply with 32 CFR 
part 40 and, as applicable, DoD Directive 7050.1\3\ and DoD 
Instruction 5240.4.\4\ If there is an authorized investigation, a 
Stars and Stripes reporter or editor cannot protect a source as 
confidential when the information may be required to complete the 
investigation. Coverage of an investigation, from a news 
perspective, should be based on case progress or the resolution 
provided by the investigative agency if considered newsworthy by the 
Stars and Stripes. The Stars and Stripes editorial procedures shall 
not prohibit publishing news of independent investigations furnished 
by commercial media and, therefore, in the public domain.
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    \3\See footnote 1 to B.1. of this Appendix.
    \4\See footnote 1 to B.1. of this Appendix.
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    b. The Stars and Stripes staff may not knowingly place 
classified information in Stars and Stripes staff-generated 
material. That does not apply to public domain information 
attributed to commercially contracted news, features, or opinion 
columns.
    2. The Stars and Stripes editorial staffs shall receive the same 
treatment as commercial media.
    a. The Stars and Stripes reporters shall have the same right to 
ask questions, to gain help, to have access, and to attend 
gatherings available to reporters from the commercial media. 
Commanders or public affairs staffs may not use the U.S. Government 
status of Stars and Stripes reporters to block the release of, or 
access to, otherwise releasable news, information, or events. Under 
the same circumstances, the Stars and Stripes reporters may not use 
their U.S. Government status or credentials to gain special 
treatment, access to restricted areas or gatherings, or other 
advantages that are not given equally to civilian media.
    b. In keeping with the ``Principles of Information'' in 32 CFR 
part 375 governing release of information to commercial media, the 
DoD Components are expected to make available timely and accurate 
information so that the Stars and Stripes news staffs and readers 
may assess and understand the facts about their military 
organizations, the national defense, and defense strategy. 
Consistent with statutory requirements, information shall be made 
fully and readily available under the principles for the release of 
information to the media issued by the Secretary of Defense. A 
Government organization may not file a request for information 
against another Government organization under 32 CFR part 285, which 
implements the Freedom of Information Act (FOIA) in the Department 
of Defense, but it is the responsibility of all commands to honor 
the DoD Principles of Information, particularly regarding the intent 
of open access as described in 32 CFR part 285 when responding to 
queries from Stars and Stripes reporters.
    3. To meet organizational responsibilities, the Stars and 
Stripes editor, the S&S commander/publisher, and the Stars and 
Stripes staff members they select, should meet frequently with area 
commanders and public affairs officers and staffs to confer, as 
their counterparts in U.S. commercial daily newspapers do with local 
government and community interest representatives.
    4. When matters of interest to the Stars and Stripes readership 
cut across the Unified Command component command responsibilities, 
the Stars and Stripes editor may use ``special project reporting 
teams'' to examine such concerns. Whether the areas of Stars and 
Stripes interest are military exercises, fast-breaking news 
affecting the entire Unified Command community, or policies that 
require a greater-than-individual-reporter effort, the Stars and 
Stripes editor, through the S&S commander/publisher, can gain help 
by keeping the Unified Command and its component command public 
affairs offices informed of the need for theater-wide assistance. 
Such aid could help dispel morale-damaging rumors.
    5. The Stars and Stripes shall conduct readership surveys at 
least once every 3 years in the Unified Commands where the Stars and 
Stripes are distributed. Such formal surveys shall be conducted in 
accordance with DoD Instruction 1100.13. The S&S may make shorter 
market surveys through its bookstore operations to determine 
changing readership interests. The Stars and Stripes is also 
encouraged to make frequent use of readership focus groups 
throughout the Unified Command.
    6. The Stars and Stripes may review commercial entertainment 
where relevant and where it supports readership interest.
    7. All bureau personnel and field reporters shall have Stars and 
Stripes newsroom experience before being given independent 
assignments. The Stars and Stripes military reporters may wear 
military or civilian clothes at the discretion of the S&S commander/
publisher. If authorized by the S&S commander/publisher, Stars and 
Stripes military members may be authorized a clothing allowance in 
accordance with individual Service directives.
    8. The Stars and Stripes are both authorized to maintain a 
Washington, DC, bureau located with other correspondent bureaus in 
the OASD (PA) Correspondents' Corridor. A desk will be provided for 
each Stars and Stripes. The S&S shall select the most qualified 
reporters possible for assignment to the bureau. A joint memorandum 
of understanding on personnel support shall be established between 
the two newspapers and approved by the Unified Commands, with a copy 
provided to the Director of the AFIS.

Appendix E to Part 246--Stars and Stripes (S&S) Board of Directors

    A. Organization and Management. 1. The S&S board of directors of 
each Unified Command shall provide advice to the S&S management, and 
recommend guidance to its Commander-in-Chief (CINC) on all business 
operations. Attendance is at the direction of the Unified Command 
CINC.
    2. Each Unified Command CINC shall designate the chairman of its 
S&S board of directors.
    3. Each S&S board of directors shall include a member from the 
Unified Command Offices of Public Affairs and the Comptroller, and 
at least one member from each of the Unified Command Service 
components. Members shall be appointed by the Unified Command CINC 
for 2 years to ensure continuity. They shall be the best qualified 
personnel available in business-related disciplines. Members should 
be at the grade of 0-5, GS-12, or higher. Other than the Unified 
Command and the S&S senior representatives, the S&S board members 
should not be members of any other S&S forums or councils. 
Representatives from the American Forces Information Service (AFIS) 
and one S&S may attend the meetings of the other S&S board of 
directors and have their observations included in the minutes, but 
they are not voting members. Recommendations approved by the S&S 
board of directors may be incorporated by the Unified Command CINC 
into the Unified Command S&S instruction or directive, as 
applicable.
    4. The S&S board of directors should meet at least three times 
each year. The minutes of each meeting shall be approved by the 
Unified Command CINC. The approved S&S board recommendations shall 
be incorporated, as permanent policy, into the Unified Command S&S 
implementing instructions or directives. Where such recommendations 
affect DoD policy, the Unified Commands shall ask the Director of 
the AFIS for resolution. The S&S commander/publisher shall provide 
sufficient documentation to the S&S board members between meetings 
to inform them of on-going business operations and the execution of 
financial actions.
    B. Functions. 1. The S&S board of directors shall monitor 
planning and execution of the S&S business activities.
    2. The S&S board of directors shall aid the S&S commander/
publisher with evaluation of external factors that impact the S&S, 
such as adverse conditions, as recommended by the S&S commander/
publisher, the S&S board of directors, or the Unified Command CINC.
    3. Annually, the S&S commander/publisher shall provide a 
financial plan that shall include a capital expenditure budget and a 
2-year forecast for the S&S board of directors' evaluation and 
recommendation to the Unified Command CINC. The S&S shall also 
forecast and get approval for building and/or construction projects 
through the S&S board of directors.
    4. The S&S shall maintain a 5-year business strategic and 
corporate plan that shall be forwarded to the S&S board of 
directors. The Unified Commands shall forward the on-going strategic 
and corporate plan to the Director of the AFIS for overall DoD 
strategic goals.

PART 247--[AMENDED]

    1. The authority citation for part 247 continues to read as 
follows:

    Authority: 10 U.S.C. 121 and 133.


Sec. 247.5  [Amended]

    2. Section 247.5 is amended as follows:
    a. Paragraph (b)(4), second sentence: After ``UC Commanders'' 
remove the remainder of the paragraph up to the period.
    b. Paragraph (b)(6)(i): Remove ``(for S&S add ``unofficial'')'' and 
``(add ``overseas'' in publications outside the United States)''.
    c. Paragraph (d)(6): Remove ``(for S&S see enclosure 3)''.


Sec. 247.6  [Amended]

    3. Section 247.6 is amended as follows:
    a. Paragraph (b)(4): Remove the last sentence.
    b. Paragraph (e)(2): Remove in its entirety and redesignate 
paragraphs ``(e)(3) and (e)(4)'' as ``(e)(2) and (e)(3)''.


Appendix C to Part 247 [Removed] and Appendices D through F 
[Redesignated as C through E]

    4. Remove Appendix C to part 247 and redesignate Appendices D 
through F as Appendices C through E.

    Dated: April 18, 1994.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 94-9621 Filed 4-21-94; 8:45 am]
BILLING CODE 5000-04-M