[Federal Register Volume 80, Number 153 (Monday, August 10, 2015)]
[Rules and Regulations]
[Pages 47834-47850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19279]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 238

[Docket ID: DOD-2012-OS-0075]
RIN 0790-AI90


DoD Assistance to Non-Government, Entertainment-Oriented Media 
Productions

AGENCY: Office of the Assistant to the Secretary of Defense for Public 
Affairs, DoD.

ACTION: Final rule.

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SUMMARY: This rule establishes policy, assigns responsibilities, and 
prescribes procedures for DoD assistance to non-Government 
entertainment media productions such as feature motion pictures, 
episodic television programs, documentaries, and computer-based games. 
This rule provides for oversight of production assistance decisions at 
centralized and senior levels of DoD to ensure consistency of approach 
among DoD and Service components with respect to support for 
entertainment media productions, including documentaries.

DATES: This rule is effective September 9, 2015.

FOR FURTHER INFORMATION CONTACT: Philip M. Strub, (703) 695-2936.

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SUPPLEMENTARY INFORMATION:

Executive Summary

I. Purpose

    DoD is updating its policy for support to entertainment-oriented 
media productions, including documentaries. The increased and higher-
level oversight is required to eliminate inconsistencies and 
ambiguities in guidance for and supervision of DoD activities to ensure 
common standards are met in providing support, and that production 
support is appropriate. The rule also includes two DoD Production 
Assistance Agreements (PAA) as samples. These documents explain the 
terms under which DoD provides assistance to production companies for 
projects that have been approved for DoD support.

II. Summary of the Major Provisions of This Regulatory Action

    (a) This rule includes documentaries within the category of non-
government, entertainment-oriented media productions and requires 
approval of production assistance for such entertainment-oriented media 
productions at the DoD level vice the Service level.
    (b) This rule includes two sample DoD Production Assistance 
Agreements (PAAs), one for documentary productions and one for all 
other entertainment media productions. This rule also assigns the 
authority for signing both types of agreements to the Assistant to the 
Secretary of Defense for Public Affairs (ATSD(PA)), or the ATSD(PA)'s 
designee.
    (c) This rule addresses how military personnel may appear in 
entertainment media. This rule requires the written permission of the 
Assistant to the Secretary of Defense for Public Affairs (or his/her 
designee) in order for active duty military personnel to serve as 
actors in significant roles and in roles beyond the scope of their 
normal duties.

III. Costs and Benefits of This Regulatory Action

    First, the support and assistance to non-government entertainment 
media productions will be at no additional cost to the government and 
taxpayers. Once DoD has agreed with a production company to provide 
production assistance and the parties have signed a Production 
Assistance Agreement, operations, and maintenance, supply and equipment 
costs incurred by DoD (collectively) as a direct consequence of 
providing support will be reimbursed by the non-government 
entertainment production company. Additionally, the sample production 
assistance agreements provide for the production company to indemnify 
and hold harmless the DoD for claims arising from the production 
company's possession or use of DoD property or other assistance in 
connection with the production. Support to non-government entertainment 
media may be provided based on a number of factors: whether the 
production presents a reasonably realistic depiction of the Military 
Services and the DoD, whether the production is informational and 
considered likely to contribute to public understanding of the Military 
Services and the DoD, or whether the production may benefit Military 
Service recruiting and retention programs.

Retrospective Review

    The revisions to this rule will be reported in future status 
updates as part of DoD's retrospective plan under Executive Order 13563 
completed in August 2011. DoD's full plan can be accessed at: http://www.regulations.gov/#!docketDetail;D=DOD-2011-OS-0036.

Public Comments

    The Department of Defense published a proposed rule in the Federal 
Register on September 17, 2014 (79 FR 55679-55687) for a 60-day public 
comment period. One public comment was received.
    Comment: The Department of Defense's support for private 
entertainment productions is a great program that improves citizens' 
understanding of the military with little expense to the government, 
and benefits America's entertainment industry. However, for any public-
private partnership, it is important that the government's contribution 
(be it in money, services or assets) benefit the public to the greatest 
extent possible, and not just the private partner. Accordingly, the 
Department of Defense should include guidance on the copyright relating 
to DoD-supported productions in its policy on assistance to non-
government, entertainment-oriented media production. In particular, 
works of the United States government are not subject to copyright (17 
U.S. Code 105). This includes stock footage or other creative content 
made by DoD that might be provided to a production company under this 
program. Accordingly, DoD should obtain a commitment from companies it 
assists that the company will not erroneously pursue copyright 
infringement remedies against citizens who extract and use such footage 
from copyrighted content. Insofar as a fragment of video or audio is 
entirely created by the Department of Defense, it is free from 
copyright, and production companies must respect this principle. This 
ensures that taxpayers receive the greatest return from DoD's efforts 
to support non-government productions.
    Response: With respect to stock footage created by DoD, any 
entertainment filmmaker who seeks to use such material--for 
documentaries or otherwise--can obtain such material directly from DoD. 
Moreover, the nature of a copyright infringement action itself would 
require the claimant to demonstrate its ownership of an exclusive right 
in the copyrighted work that is allegedly infringed, which would not be 
possible for such stock footage that is a work of the U.S. Government. 
For these reasons, further revision of this rule in response to this 
comment is unnecessary.

Regulatory Procedures

Executive Order 12866, ``Regulatory Planning and Review'' and Executive 
Order 13563, ``Improving Regulation and Regulatory Review''

    Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, reducing costs, harmonizing rules, and promoting flexibility. 
This rule has been determined to be a significant regulatory action, 
although not economically significant, under section 3(f) of Executive 
Order 12866. Accordingly, the rule has been reviewed by the Office of 
Management and Budget (OMB).

Sec. 202, Pub. L. 104-4, ``Unfunded Mandates Reform Act''

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) 
(Pub. L. 104-4) requires agencies to assess anticipated costs and 
benefits before issuing any rule whose mandates require spending in any 
1 year of $100 million in 1995 dollars, updated annually for inflation. 
In 2014, that threshold is approximately $141 million. This document 
will not mandate any requirements for State, local, or tribal 
governments, nor will it affect private sector costs.

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Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)

    We certify this final rule will not have a significant economic 
impact on a substantial number of small entities because the entities 
who receive production assistance are those who affirmatively request 
it, and therefore, interact with DoD solely on a voluntary basis. 
Therefore, the Regulatory Flexibility Act, as amended, does not require 
us to prepare a regulatory flexibility analysis.

Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)

    This final rule does not create any new or affect any existing 
collections, and therefore, does not require OMB approval under the 
Paperwork Reduction Act.

Executive Order 13132, ``Federalism''

    Executive Order 13132 establishes certain requirements that an 
agency must meet when it promulgates a proposed rule (and subsequent 
final rule) that imposes substantial direct requirement costs on State 
and local governments, preempts State law, or otherwise has Federalism 
implications. This rule will not have a substantial effect on the 
States; the relationship between the National Government and the 
States; or the distribution of power and responsibilities among the 
various levels of Government.

List of Subjects in 32 CFR Part 238

    Entertainment, Media productions, Documentaries.

    For the reasons set forth in the preamble, DoD adds 32 CFR part 238 
to read as follows:

PART 238--DoD ASSISTANCE TO NON-GOVERNMENT, ENTERTAINMENT-ORIENTED 
MEDIA PRODUCTIONS

Sec.
238.1 Purpose.
238.2 Applicability.
238.3 Definitions.
238.4 Policy.
238.5 Responsibilities.
238.6 Procedures.
Appendix A to Part 238--Sample Production Assistance Agreement
Appendix B to Part 238--Sample Documentary Production Assistance 
Agreement

    Authority: 10 U.S.C. 2264; 31 U.S.C. 9701.


Sec.  238.1  Purpose.

    This part establishes policy, assigns responsibilities, and 
prescribes procedures for DoD assistance to non-Government 
entertainment media productions such as feature motion pictures, 
episodic television programs, documentaries, and electronic games.


Sec.  238.2  Applicability.

    This part:
    (a) Applies to the Office of the Secretary of Defense, the Military 
Departments, the Office of the Chairman of the Joint Chiefs of Staff 
and the Joint Staff, the combatant commands, the Office of the 
Inspector General of the Department of Defense, the Defense Agencies, 
the DoD Field Activities, and all other organizational entities within 
the Department of Defense (referred to collectively in this part as the 
``DoD Components'').
    (b) Does not apply to productions that are intended to inform the 
public of fast-breaking or developing news stories.


Sec.  238.3  Definitions.

    Unless otherwise noted, this term and its definition are for the 
purposes of this part.
    Assistance (as in ``DoD Assistance to Non-Government, 
Entertainment-Oriented Media Productions''). The variety of support 
that the DoD can provide. The assistance ranges from supplying 
technical advice during script development, to allowing access to 
military installations for production.


Sec.  238.4  Policy.

    It is DoD policy that:
    (a) DoD assistance may be provided to an entertainment media 
production, to include fictional portrayals, when cooperation of the 
producers with the Department of Defense benefits the Department of 
Defense, or when such cooperation would be in the best interest of the 
Nation based on whether the production:
    (1) Presents a reasonably realistic depiction of the Military 
Services and the Department of Defense, including Service members, 
civilian personnel, events, missions, assets, and policies;
    (2) Is informational and considered likely to contribute to public 
understanding of the Military Services and the Department of Defense; 
or
    (3) May benefit Military Service recruiting and retention programs.
    (b) DoD assistance to an entertainment-oriented media production 
will not deviate from established DoD safety and environmental 
standards, nor will it impair the operational readiness of the Military 
Services. Diversion of equipment, personnel, and material resources 
will be kept to a minimum.
    (c) The production company will reimburse the Government for any 
expenses incurred as a result of DoD assistance rendered in accordance 
with the procedures in this part.
    (d) Official activities of Service personnel in assisting the 
production; use of official DoD property, facilities, and material; and 
employment of Service members in an off-duty, non-official status will 
be in accordance with the procedures in this part.
    (e) Footage shot with DoD assistance and official DoD footage 
released for a specific production will not be reused for or sold to 
other productions without Department of Defense approval.


Sec.  238.5  Responsibilities.

    (a) The Assistant to the Secretary of Defense for Public Affairs 
(ATSD(PA)) will serve as the sole authority for approving DoD 
assistance, including DoD involvement in marketing and publicity, to 
non-Government entertainment-oriented media. The ATSD(PA) will make DoD 
commitments, in consultation with the Heads of the Military Components, 
only after:
    (1) The script, treatment, or narrative description is found to 
qualify in accordance with the general principles in Sec.  238.4(a).
    (2) The support requested is determined to be feasible.
    (3) For episodic television, motion pictures, and other 
nondocumentary entertainment media productions, the producer has an 
acceptable public exhibition agreement with a recognized exhibition 
entity (i.e., studio or network), and the capability to complete the 
production (i.e., completion bond or other industry-recognized 
guarantor of completion, such as the commitment of a major studio or 
other source of financial commitment). For documentaries, the producer 
has indicated a clear capability to complete the production.
    (b) The Heads of the Military Components will develop procedures 
for implementing this part and will ensure that the requirements of 
this part are met.


Sec.  238.6  Procedures.

    (a) General. (1) The producer will be required to sign a written 
Production Assistance Agreement (see appendices A and B of this part 
for sample documents), explaining the terms under which DoD's 
production assistance is provided, with the designee of the Assistant 
to the Secretary of Defense for Public Affairs, and may be required to 
post advance payment or a letter of credit issued by a recognized 
financial institution to cover the estimated costs before receiving DoD 
assistance.
    (2) Official activities of Service members in assisting the 
production must be within the scope of normal

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military activities. On-duty service members and DoD civilians are 
prohibited from serving as actors, such as by speaking filmmaker-
invented, or scripted dialogue, unless approved in writing by the 
ATSD(PA) or his or her designee. With the exception of assigned project 
officer(s) and technical advisor(s), Service members and DoD civilians 
will not be assigned to perform functions outside the scope of their 
normal duties.
    (3) Official personnel services and DoD material will not be 
employed in such a manner as to compete directly with commercial and 
private enterprises. DoD assets may be provided when similar civilian 
assets are not reasonably available.
    (4) The production company may hire Service members in an off-duty, 
non-official status to perform as extras or actors in minor roles, 
etc., provided there is no conflict with any existing Service 
regulation. In such cases, contractual arrangements are solely between 
those individuals and the production company; however, payment should 
be consistent with current industry standards. The producer is 
responsible for resolving any disputes with unions governing the hiring 
of non-union actors and extras. Service members accepting such 
employment will comply with the standards of conduct in DoD Directive 
5500.07, ``Standards of Conduct'' (available at http://www.dtic.mil/whs/directives/corres/pdf/550007p.pdf). The Heads of the Components may 
assist the production company in publicizing the opportunity for 
employment and in identifying appropriate personnel.
    (5) The production company will restore all Government property and 
facilities used in the production to the same or better condition as 
when they were made available for the company's use. This includes 
cleaning the site and removing trash.
    (6) The DoD project officer, described in paragraph (b)(3) of this 
section, may make DoD motion and still media archival materials 
available when a production qualifies for assistance in accordance with 
the general principles in Sec.  238.4(a).
    (b) Specific procedures--(1) Script development and review. (i) 
Before a producer officially submits a project to the Office of the 
Assistant to the Secretary of Defense for Public Affairs (OATSD(PA)), 
the Military Components are authorized to assist entertainment-oriented 
media producers, scriptwriters, etc., in their efforts to develop a 
script that might ultimately qualify for DoD assistance. Such 
activities could include guidance, suggestions, answers to research 
queries for technical research, and interviews with technical experts. 
However, the Military Departments providing such assistance are 
required to coordinate with and update OATSD(PA) of the status of such 
projects. Military Components will refrain from making commitments and 
rendering official DoD opinions until first coordinating through 
appropriate channels to obtain OATSD(PA) concurrence in such actions.
    (ii) Production company officials requesting DoD assistance will 
submit a completed script (or a treatment or narrative description for 
documentaries), along with a list of desired support. If a definitive 
list is not available when the script is initially submitted, 
requirements should be stated in general terms at the outset. However, 
no DoD commitment will be made until the detailed list of support 
requested has been reviewed and deemed to be feasible.
    (iii) OATSD(PA) will coordinate the review of scripts, treatment, 
or narrative description submitted for production assistance 
consideration. The coordinated review will include each Military 
Service depicted in the script. Although no commitment for assisting in 
the production is implied, OATSD(PA) may provide, or authorize the 
Military Services to provide, further guidance and suggestions for 
changes that might resolve problems that would prevent DoD assistance.
    (2) Production assistance notification. Upon reviewing the 
recommendations of the Military Components concerned, the ATSD(PA) will 
determine whether a given production meets the DoD criteria for support 
and if the support requested is feasible. If both requirements are 
satisfied, the ATSD(PA) will notify in writing the production company 
concerned, advising it that the Department of Defense has approved DoD 
production assistance and identifying the DoD project officer tasked 
with representing the Department of Defense throughout the production 
process. On a case-by-case basis, the ATSD(PA) may choose to delegate 
the responsibility of signing the Production Assistance Agreement on 
behalf of DoD to the designated DoD project officer or other DoD 
official responsible for coordinating production assistance. If so, 
this decision would be included in the notification letter. If 
production assistance is approved for only a portion of the proposed 
project, the written notification shall clearly describe the portion(s) 
approved. If assistance is not approved, ATSD(PA) or the ATSD(PA)'s 
designee will send a letter to the production company stating reasons 
for disapproval.
    (3) Role of the DoD project officer. (i) When production assistance 
has been approved, the Military Components will assign a project 
officer (commissioned, non-commissioned, or civilian) who will be 
designated by OATSD(PA) as the principal DoD liaison to the production 
company. The DoD project officer will at a minimum:
    (A) Act as liaison between the production company and the 
Secretaries of the Military Departments and maintain contact with 
OATSD(PA) through appropriate channels. In this regard, the project 
officer will serve as the central coordinator for billing the producer 
and monitoring payments to the Government. (See paragraph (d) of this 
section for billing procedures.)
    (B) Advise the production company on technical aspects and arrange 
for information necessary to ensure reasonably accurate and authentic 
portrayals of the Department of Defense.
    (C) Maintain liaison with units and commands providing assistance 
to ensure timely arrangements consistent with the approved support.
    (D) Coordinate with installations or commands that intend to 
provide support to the production to ensure that no material assistance 
is provided before a Production Assistance Agreement is signed by both 
DoD and the production company.
    (E) When DoD assistance to the production requires the production 
company to reimburse the Government for additional expenses, develop an 
estimate of expenses based on the assistance requested, and ensure that 
these are reflected in the Production Assistance Agreement.
    (F) Coordinate with each installation or command providing assets 
to the production to ensure the production company receives accurate 
and prompt statements of charges assessed by the Government and that 
the Government receives sufficient payment for any additional expenses 
incurred to support the production.
    (G) For project officers assigned to a documentary or a non-
documentary television series, maintain close liaison with the 
producer(s) and writers in developing story outlines. All story ideas 
considered for further development by the production company should be 
submitted to OATSD(PA) to provide the earliest opportunity for 
appraisal.
    (ii) When considered to be in the best interest of the Department 
of Defense, the assigned project officer may provide ``on-scene'' 
assistance to the production company. Military or civilian technical

[[Page 47838]]

advisor(s) may also be required. In such cases:
    (A) Assignment will be at no additional cost to the Government. The 
production company will assume payment of such items as travel (air, 
rental car, reimbursement for fuel, etc.) and per diem (lodging, food 
and incidentals).
    (B) Assignment should be for the length of time required to meet 
preproduction requirements through completion of photography. When 
feasible, assignment may be extended to cover post-production stages 
and site clean-up.
    (iii) Additional project officer responsibilities, when considered 
to be in the best interest of the Department of Defense, will include:
    (A) Supervising the use of DoD equipment, facilities, and 
personnel.
    (B) Attending pertinent preproduction and production conferences, 
being available during rehearsals to provide technical advice, and 
being present during filming of all scenes pertinent to the Department 
of Defense.
    (C) Ensuring proper selection of locations, appropriate uniforms, 
awards and decorations, height and weight standards, grooming 
standards, insignia, and set dressing applicable to the military 
aspects of the production. This applies to active duty members as well 
as paid civilian actors.
    (D) Arranging for appropriate technical advisers to be present when 
highly specialized military technical expertise is required.
    (E) Ensuring that the production adheres to the agreed-upon script 
and list of support to be provided.
    (F) Authorizing minor deviations from the approved script or list 
of support to be provided, so long as such deviations are feasible, 
consistent with the safety standards, and in keeping with the approved 
story line. All other deviations shall be referred for approval to 
OATSD(PA) through appropriate channels.
    (G) In accordance with the Production Assistance Agreement, 
providing notice of non-compliance, and when necessary, suspending 
assistance when action by the production company is contrary to 
stipulations governing the project and suspension is in the best 
interest of the Department of Defense until the matter is resolved 
locally or by referral to OATSD(PA).
    (H) Attending the approval screening of the production, unless the 
Military Department concerned, OATSD(PA), and the production company 
mutually agree otherwise.
    (I) Determining whether the production company will need to obtain 
the written consent of DoD personnel who may be recorded, photographed, 
or filmed by the production company, including when the production 
company uses the personally identifying information (PII) of DoD 
personnel. The likeness of DoD personnel in any imagery is included in 
the meaning of PII. If the recording or imagery captures medical 
treatment being performed on DoD personnel, the project officer shall 
require the production company to gain written consent from such DoD 
personnel. In the case of DoD personnel who are deceased or 
incapacitated, the project officer shall require the production company 
to gain written consent from the next of kin of the deceased or 
incapacitated DoD personnel.
    (c) Production company procedures--(1) Review of productions. When 
DoD assistance has been provided to a non-documentary production, the 
production company must arrange for an official DoD screening in 
Washington, DC, or at another location agreeable to OATSD (PA), before 
the production is publicly exhibited. This review should be early, but 
at a stage in editing when changes can be accommodated, to allow the 
Department of Defense to confirm military sequences conform to the 
agreed upon script. For documentary productions, the production company 
will provide to the DoD project officer and the DoD designee(s) 
responsible for coordinating production assistance a digital videodisc 
(DVD) of military-themed photography and the roughly edited version of 
the production at a stage in editing when changes can be accommodated. 
In addition to confirming that the military sequences conform to the 
agreed upon script, treatment, or narrative, this review will also 
serve to preclude release or disclosure of sensitive, security-related, 
or classified information; and to ensure that the privacy of DoD 
personnel is not violated. Should DoD determine that material in the 
production compromises any of the preceding concerns, DoD will alert 
the production company of the material, and the production company will 
remove the material from the production.
    (2) Credit titles. The production company will use its best efforts 
to place a credit in the end titles immediately above the ``Special 
Thanks'' section (if any) that states ``Special Thanks to the United 
States Department of Defense,'' with no less than one clear line above 
and one clear line below such credit acknowledging the DoD assistance 
provided. Such acknowledgment(s) will be in keeping with industry 
customs and practices, and will be of the same size and font used for 
other similar credits in the end titles.
    (3) Requests for promotional assistance. Pursuant to DoD Directive 
5122.05, ``Assistant Secretary of Defense for Public Affairs'' 
(available at http://www.dtic.mil/whs/directives/corres/pdf/512205p.pdf), the ATSD(PA) is the final authority for military 
participation in public events, including participation in promotional 
events for entertainment media productions. The production company will 
forward requests for promotional assistance to OATSD(PA) in sufficient 
detail to permit a complete evaluation.
    (4) Publicity photos and promotional material. The production 
company will provide DoD with copies of all promotional and marketing 
materials (e.g., electronic press kits, one-sheets, and television 
advertisements) for internal information and historical purposes in 
documenting DoD assistance to the production.
    (5) Copies of completed production. The production company will 
provide, in a format to be specified in the Production Assistance 
Agreement, copies of the completed production to DoD for briefings and 
for historical purposes.
    (d) Billing procedures. Pursuant to 10 U.S.C. 2264 and 31 U.S.C. 
9701, production companies will reimburse the Government for additional 
expenses incurred as a result of DoD assistance.
    (1) Each installation or Military Component will provide the 
production company with individual statements of charges assessed for 
providing assets to assist in the production. Unless agreed otherwise, 
statements should be presented to the production company within 45 days 
from the last day of the month in which filming and/or photography is 
completed to ensure prompt and complete accounting of charges for DoD 
assistance.
    (2) The production company will be billed for only those expenses 
that are considered to be additional expenses to the Government. In 
accordance with paragraph (b)(3)(i)(A) of this section, the assigned 
project officer will serve as the central coordinator for submitting 
statements to the producer and monitoring receipt of payment to the 
Government. Items for which the costs may be reimbursed to the 
Government include:
    (i) Petroleum, oil, and lubricants for equipment used.
    (ii) Depot maintenance for equipment used.
    (iii) Cost incurred in diverting or moving equipment.

[[Page 47839]]

    (iv) Lost or damaged equipment.
    (v) Expendable supplies.
    (vi) Travel and per diem (unless reimbursed under 31 U.S.C. 1353).
    (vii) Civilian overtime.
    (viii) Commercial power or other utilities for facilities kept open 
beyond normal duty hours or when the production company's consumption 
of utilities is significant, based on average usage rates.
    (ix) Should the production company not comply with requested clean-
up required by production, project officer will require production 
company to hire a cleaning company. Should the production company not 
provide for the necessary clean-up, it shall reimburse the Government 
for any additional expenses incurred by the Government in performing 
such clean-up.
    (3) The production company will be required to reimburse the 
Government for all flying hours related to production assistance, 
including takeoffs, landings, and ferrying aircraft from military 
locations to filming sites, except when such missions coincide with and 
can be considered legitimate operational and training missions. The 
production company will be required to reimburse the Government for all 
steaming days related to production assistance, including all costs 
(tugs, harbor pilots and port costs) required to move ships from 
military locations to filming sites, except when such missions coincide 
with and can be considered legitimate operational and training 
missions. These reimbursements will be calculated at the current DoD 
User Rates.
    (4) In cases where provision of support provides a significant 
benefit to DoD, the production company will not be required to 
reimburse the Government for military or civilian manpower (except for 
civilian overtime) when such personnel are officially assigned to 
assist in the production. However, this limitation does not apply to 
Reserve Component personnel assigned in an official capacity, because 
such members are called to active duty at additional cost to the 
Government to perform the assigned mission. Reimbursement for Reserve 
Component personnel in an official capacity will be at composite 
standard pay and reimbursement rates for military personnel published 
annually by the Under Secretary of Defense (Comptroller)/DoD Chief 
Financial Officer.
    (5) Normal training and operational missions that would occur 
regardless of DoD assistance to a particular production are not 
considered to be chargeable to the production company.
    (6) Beyond actual operational expenses, imputed rental charges 
ordinarily will not be levied for use of structures or equipment.
    (7) The production company will provide proof of adequate industry 
standard liability insurance, naming DoD as an additional insured 
entity prior to the commencement of production involving DoD. The 
production company will maintain, at its sole expense, insurance in 
such amounts and under such terms and conditions as may be required by 
DoD to protect its interests in the property involved.

Appendix A to Part 238--Sample Production Assistance Agreement

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Appendix B to Part 238--Sample Production Assistance Agreement
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    Dated: July 31, 2015.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2015-19279 Filed 8-7-15; 8:45 am]
 BILLING CODE 5001-06-P