[Federal Register Volume 84, Number 215 (Wednesday, November 6, 2019)]
[Rules and Regulations]
[Pages 59720-59723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23816]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 233

[Docket ID: DOD-2019-OS-0103]
RIN 0790-AI27


Federal Voting Assistance Program (FVAP)

AGENCY: Office of the Under Secretary of Defense for Personnel and 
Readiness, DoD.

ACTION: Final rule.

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SUMMARY: This regulatory action amends the Department of Defense rule 
for the Federal Voting Assistance Program (FVAP) to remove internal 
policy and assignments of responsibility and otherwise make 
administrative updates. The FVAP assists service members serving away 
from home and other overseas citizens in exercising their voting rights 
by serving as a critical resource for these individuals to successfully 
register to vote and to vote absentee.

DATES: This rule is effective on November 6, 2019.

FOR FURTHER INFORMATION CONTACT: Scott Wiedmann, 571-372-0760.

SUPPLEMENTARY INFORMATION: The Federal Voting Assistance Program (FVAP) 
works to ensure Service members, their eligible family members and 
overseas citizens are aware of their right to vote and have the tools 
and resources to successfully do so from anywhere in the world. 
Additional information regarding internal DoD processes related to this 
program is contained in DoD Instruction 1000.04, ``Federal Voting 
Assistance Program,'' which is publicly available at http://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/100004p.pdf?ver=2017-12-01-105434-817.
    This regulatory action amends Part 233 to remove DoD internal 
policies and procedures, which do not require rulemaking and are 
otherwise publicly available on www.fvap.gov and in DoD Instruction 
1000.04. This rule also makes administrative updates to legal 
citations. Finally, this rule removes the responsibility for the Under 
Secretary of Defense for Personnel and Readiness (USD (P&R)) to 
establish a demonstration project to permit absent uniformed services 
voters to vote for Federal office through an electronic voting system.

Background

    This part was last published on September 18, 2012, as an interim 
final rule (77 FR 57487). The rule provided direction and guidance to 
the Department of Defense and other Federal departments and agencies in 
establishing voting assistance programs for citizens covered by the 
Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) as 
modified by the Military and Overseas Voter Empowerment Act. It 
established policy and assigned responsibilities for the development 
and implementation of installation voter assistance (IVA) offices. It 
also established policy for the development and implementation, jointly 
with each State, of procedures for persons to apply to register to vote

[[Page 59721]]

at recruitment offices of the Military Services.
    No comments were received during the comment period that ended on 
November 19, 2012. This finalizes the interim final rule with the 
exception of removing internal policies and procedures and making 
administrative updates.

Legal Authority for This Program

    FVAP administers the UOCAVA, 52 U.S.C. Chapter 203, on behalf of 
the Secretary of Defense, as the Presidential designee under 52 U.S.C. 
20301(a). See Executive Order No. 12642, Designation of Secretary of 
Defense as Presidential Designee, 53 FR 21975 (June 8, 1988).
    United States citizens under UOCAVA include:
     Members and eligible family members of the Uniformed 
Services (Army, Navy, Marine Corps, Air Force, Coast Guard, United 
States Public Health Service Commissioned Corps, and National Oceanic 
and Atmospheric Administration Commissioned Corps).
     Members of the Merchant Marines.
     U.S. citizens residing outside of the United States.
    52 U.S.C. 20506, requires State voter registration agencies to 
provide individuals the opportunity to register to vote or to change 
their voter registration data when they apply for or receive services 
or assistance.
    The Secretary of Defense under 10 U.S.C. 1566 must prescribe 
regulations to require the Military Services (Army, Navy, Air Force, 
and Marine Corps) to implement voting assistance programs that comply 
with DoD directives.
    The Military Services, under 10 U.S.C. 1566a, must designate 
Installation Voter Assistance Offices to make voting assistance 
available for military members, their eligible family members and 
eligible citizens. The Secretary of Defense may authorize the 
Secretaries of the military departments to designate offices on 
military installations as voter registration agencies under 52 U.S.C. 
20506(a)(2) for all purposes of such act.
    52 U.S.C. 20506(c) requires the Secretary of Defense jointly with 
each State, to develop and implement procedures for persons to apply to 
register to vote at recruitment offices of the Armed Forces.
    52 U.S.C. 22301(c)(1) requires Government departments, agencies, 
and other entities, upon the Presidential designee's request to 
distribute balloting materials and cooperate in carrying out UOCAVA.
    Public Law 113-291, div. A, title V, Sec.  593, Dec. 19, 2014, 128 
Stat. 3395 repeals Public Law 107-107, div. A, title XVI, Sec.  1604, 
Dec. 28, 2001, 115 Stat. 1277, as amended by Public Law 108-375, div. 
A, title V, Sec.  567, Oct. 28, 2004, 118 Stat. 1919, which established 
a demonstration project under which absent uniformed services voters 
were permitted to vote in a general election for Federal office through 
an electronic voting system.

Summary of Major Provisions

    This regulatory action:
     Removes DoD internal policies and procedures, which do not 
require rulemaking and are available on Government websites in order to 
increase transparency and clarity for the public.
     Removes the responsibility for the USD(P&R) to establish a 
demonstration project to permit absent uniformed services voters to 
vote for Federal office through an electronic voting system. In the 
National Defense Authorization Act for Fiscal Year 2015, Congress 
eliminated this requirement. DoD no longer explores program 
implementation in this area.
     Makes administrative changes to the United State Code 
citations. In 2014, the Law Revision Counsel, U.S. House of 
Representatives transferred provisions relating to voting and elections 
were in the United States Code from Titles 2 and 42 into a new Title 
52, Voting and Elections. No statutory text was altered. The provisions 
were relocated from one place to another in the Code.

Executive Order 12866, ``Regulatory Planning and Review'', Executive 
Order 13563, ``Improving Regulation and Regulatory Review'', and 
Executive Order 13771, ``Reducing Regulation and Controlling Regulatory 
Costs''

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distribute impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. It has been determined that this rule is not a significant 
regulatory action.
    The amendments to this rule remove duplicative and unnecessary rule 
text, and makes other administrative changes. This rule has been deemed 
not significant under Executive Order (E.O.) 12866, ``Regulatory 
Planning and Review,'' therefore, the requirements of E.O. 13771, 
``Reducing Regulation and Controlling Regulatory Costs,'' do not apply.

Congressional Review Act, 5 U.S.C. 804(2)

    Under the Congressional Review Act, a major rule may not take 
effect until at least 60 days after submission to Congress of a report 
regarding the rule. A major rule is one that would have an annual 
effect on the economy of $100 million or more, or have certain other 
impacts.
    This rule is not a major rule under the Congressional Review Act.

Sec. 202, Public Law 104-4, ``Unfunded Mandates Reform Act''

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) (2 
U.S.C. 1532) requires agencies assess anticipated costs and benefits 
before issuing any rule whose mandates require spending in any 1 year 
of $100 million in 1995 dollars, updated annually for inflation. This 
rule will not mandate any requirements for State, local, or tribal 
governments, nor will affect private sector costs.

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

    The DoD certifies that this rule is not subject to the Regulatory 
Flexibility Act (5 U.S.C. 601) because it would not, if promulgated, 
have a significant economic impact on a substantial number of small 
entities. Therefore, the Regulatory Flexibility Act, as amended, does 
not require us to prepare a regulatory flexibility analysis.

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

    It has been determined that 32 CFR part 233 does not impose 
reporting or recordkeeping requirements under the Paperwork Reduction 
Act of 1995.

Executive Order 13132, ``Federalism''

    Executive Order 13132 establishes certain requirements that an 
agency must meet when it promulgates a 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 State and local governments.

List of Subjects in 32 CFR Part 233

    Civil rights, Elections, Voting rights.

    For the reasons stated in the preamble, the Department of Defense 
amends 32 CFR part 233 as follows:

[[Page 59722]]

PART 233--FEDERAL VOTING ASSISTANCE PROGRAM (FVAP)

0
1. The authority citation for part 233 is revised to read as follows:

    Authority: E.O. 12642; 10 U.S.C. 1566a; 52 U.S.C. 20506; 52 
U.S.C. Ch. 203.


Sec.  233.1  [Amended]

0
2. Amend Sec.  233.1 by:
0
a. In paragraph (a), removing ``42 U.S.C. 1973ff-1973ff-6'' and adding 
in its place ``52 U.S.C. Ch. 203''.
0
b. In paragraph (c), removing ``42 U.S.C. 1973gg-5'' and adding in its 
place ``52 U.S.C. 20506''.


Sec.  233.2  [Amended]

0
3. Amend Sec.  233.2(c) by removing ``42 U.S.C. 1973ff(c)'' and adding 
in its place ``52 U.S.C. 20301(c)''.

0
4. Amend Sec.  233.3 by:
0
a. In the introductory paragraph:
0
i. Removing ``Joint Publication 1-02'' and adding in its place ``DoD 
Dictionary of Military Terms''.
0
ii. Removing ``http://www.dtic.mil/doctrine/dod_dictionary/'' and 
adding in its place ``http://www.jcs.mil/Doctrine''.
0
b. Revising the definition of ``Installation voter assistance (IVA) 
offices''.
0
c. Removing the definitions of ``Metrics,'' ``Senior service voting 
representative (SSVR),'' and ``Service voting action officer (SVAO)''.
0
d. Revising the definitions of ``State'' and ``Uniformed services''.
0
e. Removing the definition of ``Unit voting assistance officer 
(UVAO)''.
0
f. Revising the definition of ``Voter registration agency''.
0
g. Adding the definition of ``Voting assistance officer (VAO)'' in 
alphabetical order.
    The revisions and additions read as follows:


Sec.  233.3  Definitions.

* * * * *
    Installation voter assistance (IVA) offices. The office designated 
by the installation commander, pursuant to 10 U.S.C. 1556a, to provide 
voter assistance to military personnel, voting-age military dependents, 
Government employees, contractors, and other civilian U.S. citizens 
with access to the installation. IVA offices also serve as voter 
registration agencies pursuant to 52 U.S.C. 20506(a)(2).
* * * * *
    State. A State of the United States, the District of Columbia, the 
Commonwealth of Puerto Rico, Guam, the Virgin Islands, and American 
Samoa.
* * * * *
    Uniformed services. The Army, Navy, Air Force, Marine Corps, and 
Coast Guard, the commissioned corps of the Public Health Service, and 
the commissioned corps of the National Oceanic and Atmospheric 
Administration.
    Voter registration agency. An office designated pursuant to 52 
U.S.C. 20506 to perform voter registration activities. Pursuant to 52 
U.S.C. 20506(c), a recruitment office of the Military Services is 
considered to be a voter registration agency. All IVA offices are also 
designated as voter registration agencies pursuant to 52 U.S.C. 
20506(a)(2).
    Voting assistance officer (VAO). An individual responsible for 
voting assistance.


Sec.  233.4  [Amended]

0
5. Amend Sec.  233.4 by:
0
a. In paragraph (a), removing ``42 U.S.C. 1973ff(b)(5)'' and adding in 
its place ``52 U.S.C. 20301(b)(5)''.
0
b. In paragraph (d), removing ``42 U.S.C. 1973ff'' and adding in its 
place ``52 U.S.C. 20301''.


Sec.  233.5  [Amended]

0
6. Amend Sec.  233.5 by:
0
a. In paragraph (a)(1), removing ``http://www.dtic.mil/whs/directives/corres/pdf/512402p.pdf.'' and adding in its place ``https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/512402p.pdf.''
0
b. In paragraph (a)(2), removing ``42 U.S.C. 1973gg-5, and 42 U.S.C. 
1973ff--1973ff-6'' and adding in its place ``52 U.S.C. 20506; 52 U.S.C. 
Ch. 203''.
0
c. In paragraph (a)(3):
0
i. Removing ``42 U.S.C. 1973gg-5, 42 U.S.C. 1973ff--1973ff-6'', and 
adding in its place ``52 U.S.C. 20506; 52 U.S.C. Ch. 203''.
0
ii. Removing ``Section 1604 of Public Law 107-107, ``The National 
Defense Authorization Act for Fiscal Year 2002,'' and Section 567 of 
Public Law 108-375, ``The National Defense Authorization Act for Fiscal 
Year 2005''.''
0
d. In paragraph (a)(4), removing ``42 U.S.C. 1973gg-5'' and adding in 
its place ``52 U.S.C. 20506''.
0
e. In paragraph (a)(5), removing ``42 U.S.C. 1973ff-1(g)'' and adding 
in its place ``52 U.S.C. 20302(g)''.
0
f. Removing paragraphs (a)(6), (b), (c), and (d).
0
g. Redesignating paragraph (e) as paragraph (b).
0
h. Removing paragraph (f).

0
7. Amend Sec.  233.6 by:
0
a. In paragraph (a), removing ``The Director,''.
0
b. In paragraph (a)(1), removing ``42 U.S.C. 1973ff'' and adding in its 
place ``52 U.S.C. Ch. 203.''
0
c. Redesignating paragraphs (a)(3) through (19) as (a)(2) through (18).
0
d. In newly redesignated paragraph (a)(2):
0
i. Removing ``42 U.S.C. 1973ff-1'' and adding in its place ``52 U.S.C. 
20302''.
0
ii. Removing ``42 U.S.C. 1973ff'' and adding in its place ``52 U.S.C. 
Ch. 203''.
0
e. In newly redesignated paragraph (a)(3), removing ``Consult with the 
Defense State Liaison Office which is the DoD office for contact and 
coordination with Federal, State, and local government entities for 
legislative and other policy matters involving voting assistance and 
elections pursuant to 42 U.S.C. 1973ff et seq.''.
0
f. In newly redesignated paragraph (a)(4):
0
i. Adding a ``,'' after ``DoD Components''.
0
ii. Removing ``42 U.S.C. 1973ff(b)(5)'' and adding in its place ``52 
U.S.C. 20301(b)(5)''.
0
g. In newly redesignated paragraph (a)(5), removing ``42 U.S.C. 1973ff 
et seq.'' and adding in its place ``52 U.S.C. Ch. 203''.
0
h. In newly redesignated paragraph (a)(6)(iv), removing ``42 U.S.C. 
1973ff-1(e)(4)'' and adding in its place ``52 U.S.C. 20302(e)(4).''
0
i. In newly redesignated paragraph (a)(6)(vii):
0
i. Removing ``42 U.S.C. 1973ff(b)(6)'' and adding in its place ``52 
U.S.C. 20301(b)(6)''.
0
ii. Removing ``42 U.S.C. 1973ff-4A'' and adding in its place ``52 
U.S.C. 20308''.
0
j. In newly redesignated paragraph (a)(6)(viii), removing 
``Director,''.
0
k. In newly redesignated paragraph (a)(7):
0
i. Adding a ``,'' after ``but not limited to''.
0
ii. Removing ``42 U.S.C. 1973ff et seq.'' and adding in its place ``52 
U.S.C. Ch. 203''.
0
iii. Removing ``42 U.S.C. 1973ff(6)'' and adding in its place ``52 
U.S.C. 20301(6)''.
0
iv. Removing ``42 U.S.C. 1973ff-4A'' and adding in its place ``52 
U.S.C. 20308.''
0
l. In newly redesignated paragraph (a)(8), removing ``42 U.S.C. 
1973ff(7)'' and adding in its place ``52 U.S.C. 20301(7)''.
0
m. Removing newly redesignated paragraphs (a)(10) and (11), and 
redesignating newly redesignated (a)(12) and (a)(13) as (a)(10) and 
(a)(11).
0
n. In newly redesignated paragraph (a)(10), removing ``42 U.S.C. 
1973ff-1(g)'' and adding in its place '' 52 U.S.C. 20302(g)''.
0
o. Removing newly redesignated paragraphs (a)(14) and (15), and

[[Page 59723]]

redesignating newly redesignated (a)(16) as (a)(12).
0
p. Removing newly redesignated paragraph (a)(17).
0
q. Redesignating newly redesignated paragraph (a)(18) as (a)(13).
0
r. In newly redesignated paragraph (a)(13), removing ``42 U.S.C. 
1973ff'' and adding in its place ``52 U.S.C. 20301.''
0
s. Removing paragraphs (b)(1) through (b)(4), and redesignating (b)(5) 
as (b)(1).
0
t. In newly redesignated paragraph (b)(1)(i), removing ``42 U.S.C. 
1973gg-5(a)(2)'' and adding in its place ``52 U.S.C. 20506(a)(2)''.
0
u. In newly redesignated paragraph (b)(1)(iii), removing ``42 U.S.C. 
1973gg-5(a)(4)'' and adding in its place ``52 U.S.C. 20506(a)(4)''.
0
v. In newly redesignated paragraph (b)(1)(iv)(B), removing ``uniformed 
services members'' and adding in its place ``members of a uniformed 
service''.
0
w. Removing newly redesignated paragraphs (b)(1)(iv)(C)(2), (D) and 
(H), and redesignating paragraphs (b)(1)(iv)(E), (F), and (G) as 
paragraphs (b)(1)(iv)(D), (E), and (F).
0
x. Removing paragraphs (b)(6) through (b)(22), and redesignating 
(b)(23) as (b)(2).
0
y. Removing paragraphs (b)(24) through (b)(29), and redesignating 
(b)(30) as (b)(3).
0
z. In newly redesignated paragraph (b)(3)(i):
0
i. Removing ``http://www.eac.gov/voter/Register_to_Vote'' and adding in 
its place ``https://www.eac.gov/voters/register-and-vote-in-your-state/
''.
0
ii. Removing ``http://www.dtic.mil/whs/directives/infomgt/forms/forminfo/forminfopage2084.html'' and adding in its place ``http://www.esd.whs.mil/Portals/54/Documents/DD/forms/dd/dd2645.pdf.''
0
aa. In newly redesignated paragraph (b)(3)(v):
0
i. Removing ``Director,''.
0
ii. Removing ``two'' and adding in its place ``2''.
0
iii. Removing ``42 U.S.C. 1973gg(6)(i)'' and adding in its place ``52 
U.S.C. 20507(i).''
0
bb. Removing paragraphs (b)(31) through (b)(32), and redesignating 
(b)(33) as (b)(4).
0
cc. In paragraph (c)(2), removing ``42 U.S.C. 1973ff(c)'' and adding in 
its place ``52 U.S.C. 20301(c).''
0
dd. In paragraph (c)(2)(ii), removing ``42 U.S.C. 1973ff'' and adding 
in its place ``52 U.S.C. 20301'' and revising the last sentence.
0
ee. In paragraph (c)(2)(iii), removing ``Director,''.
0
ff. In paragraph (c)(2)(v), removing ``Director,''.
0
gg. In paragraph (c)(2)(vi):
0
i. Adding ``installation,'' before ``embassy''.
0
ii. Adding ``U.S.'' before ``civilians''.
    The revisions and additions read as follows:


Sec.  233.6  Procedures.

* * * * *
    (c) * * *
    (2) * * *
    (iii) * * * The name, mailing address, email address, and telephone 
number of this individual shall be provided to the FVAP.
* * * * *

    Dated: October 28, 2019.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2019-23816 Filed 11-5-19; 8:45 am]
BILLING CODE 5001-06-P