[Federal Register Volume 85, Number 45 (Friday, March 6, 2020)]
[Rules and Regulations]
[Pages 13045-13047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03615]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 233

[Docket ID: DOD-2019-OS-0103]
RIN 0790-AK90


Federal Voting Assistance Program (FVAP)

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

ACTION: Interim final rule.

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SUMMARY: This regulatory action amends current policy and assignments 
of responsibility for the Federal Voting Assistance Program (FVAP). The 
FVAP assists overseas service members and other overseas citizens to 
exercising their voting rights by serving as a critical resource to 
successfully register to vote.

DATES: This rule is effective March 6, 2020. Comments must be received 
by April 6, 2020.

ADDRESSES: You may submit comments, identified by docket number and/or 
Regulation Identifier Number (RIN) number and title, by any of the 
following methods: Federal Rulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
    Mail: Department of Defense, Office of the Chief Management 
Officer, Directorate for Oversight and Compliance, 4800 Mark Center 
Drive, Mailbox #24, Suite 08D09, Alexandria, VA 22350-1700.
    Instructions: All submissions received must include the agency name 
and docket number or RIN for this Federal Register document. The 
general policy for comments and other submissions from members of the 
public is to make these submissions available for public viewing on the 
internet at http://www.regulations.gov as they are received without 
change, including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: David Beirne, (571) 372-0727.

[[Page 13046]]


SUPPLEMENTARY INFORMATION: 

Summary of New and Amended Regulatory Provisions and Their Impact

    DoD is making these amendments to maximize voter awareness of 
Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) 
eligibility and resources.
    This rule modifies existing regulations at 84 FR 59720 to:
     Include the United States Maritime Administration (MARAD) 
under agreement with the Department of Transportation and the United 
States Postal Service (USPS).
     Require DoD components to establish component-wide 
programs to communicate and disseminate voting information, with the 
goal of improving communication and clarity for the impacted 
population.
     Require federal agencies to enter into memorandums of 
understanding (MOU) with the DoD to provide accurate, nonpartisan 
voting information and assistance to ensure military and overseas 
voters understand their voting rights, how to register and apply for an 
absentee ballot, and how to return their absentee ballot successfully.
    Entering into MOUs with other federal agencies will allow the FVAP 
to strengthen its communications by expanding its outreach through 
other federal agencies. This will allow agencies to link to the 
FVAP.gov website and augment existing voter assistance information. 
These efforts seek to boost voter awareness, education and 
participation in upcoming election cycles.
    For example, including MARAD under agreement with the Department of 
Transportation will allow the FVAP to better serve Merchant Marine 
uniformed service members because MARAD will directly coordinate FVAP 
guidance and instructions to better communicate with Merchant Marine 
members about how to vote absentee under UOCAVA.
    Because the USPS provides essential services to assure the 
distribution of balloting materials to eligible voters and voted 
ballots to election official this rule amendment will allow ballots to 
be more expeditiously carried and tracked by USPS. Thus more ballots 
will be successfully returned to election officials prior to the 
deadline to receive ballots.

Background and Legal Basis for This Rule

    The FVAP administers the UOCAVA on behalf of the Secretary of 
Defense, as the Presidential designee under 52 U.S.C. 20301(a) and 
Executive Order (E.O.) 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 Marine.
     U.S. citizens residing outside of the United States.
    Under 52 U.S.C. 20506, State voter registration agencies must 
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. Title 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.
    Finally, 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.
    Additional information regarding internal DoD processes related to 
this program is contained in DoD Instruction 1000.04, ``Federal Voting 
Assistance Program (FVAP),'' which is publicly available at http://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/100004p.pdf?ver=2017-12-01-105434-817.

Interim Final Rule Justification

     DoD is issuing this rulemaking as an interim final rule 
and has determined that, under the Administrative Procedure Act (APA), 
5 U.S.C. 553(b)(B), it would be impracticable, unnecessary, and 
contrary to the public interest to delay a final regulation until a 
public notice-and-comment process has been completed.
    The conclusion of a public notice-and-comment period before the 
rule is finalized would be impracticable because it would impede timely 
execution of DoD's responsibilities under UOCAVA. Younger uniformed 
Service members and their family members who have not previously voted 
make up a large percentage of military voters and may need more 
explicit instructions on how to vote absentee. This includes 
understanding the absentee voting process or finding information on 
registration deadlines. As service members and their families are often 
stationed outside of the United States, and thus outside of their 
voting jurisdiction, physically getting to a polling location on 
Election Day may be impracticable.
    Extensive outreach has already begun at www.fvap.gov in preparation 
for this election cycle to provide specific and detailed voting 
information. Current outreach includes: identifying the eligible 
population of uniformed service members and their family members; 
ongoing efforts to communicate with potential enrollees about 
eligibility, enrollment, and key dates for enrolling in absentee 
voting; and FVAP's continuing work 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.
    Furthermore, the FVAP office has been working in coordination with 
the Military Services and federal agencies to inform the current 
population as absentee ballot voting began in December 2019. This 2020 
election schedule requires this rule to be effective immediately for 
citizens voting under UOCAVA to be supported through enhanced voting 
assistance programs within the Federal departments and agencies.
    The 2020 election cycle started with the February 11, 2020, New 
Hampshire Presidential Preference Primary and continues through the 
November 3, 2020, general election. Not having this rule in place would 
be contrary to the public interest for service members and their 
families
    For these reasons, DoD has determined that good cause exists for 
waiving proposed rulemaking and instead issuing an Interim Final Rule. 
DoD will consider public comments received on this Interim Final Rule 
in a subsequent Final Rule.

Expected Impact of the Interim Final Rule

    The amendment of the current policies is intended to establish 
uniform

[[Page 13047]]

framework within the Government on how to interact and disseminate 
communications with the impacted public populations overseas. This 
includes maximizing awareness of UOCAVA eligibility, and providing 
resources to the impacted public populations. The goal of these changes 
is to maximize voting assistance effectiveness and outcomes, addressing 
known concerns impacting the public, ahead of this upcoming election 
cycle.
    DoD believes these amendments will facilitate the Government's 
coordination role in providing voter assistance to absent uniformed 
service voters and overseas voters. This will support the government's 
efforts to implement a comprehensive program to cover all Executive 
Branch agencies and overseas citizens more broadly under UOCAVA.

E.O. 12866, ``Regulatory Planning and Review''; E.O. 13563, ``Improving 
Regulation and Regulatory Review''; and E.O. 13771, ``Reducing 
Regulation and Controlling Regulatory Costs''

    E.O.s 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). E.O. 13563 emphasizes the 
importance of quantifying both costs and benefits, of reducing costs, 
of harmonizing rules, and of promoting flexibility. This rule is not a 
``significant regulatory action,'' under Section 3(f) of E.O. 12866 and 
was not reviewed by the Office of Management and Budget. The rule is 
not is not expected to be an E.O. 13771 regulatory action, because it 
is not significant under E.O. 12866.

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 the rule 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:

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.


0
2. Amend Sec.  233.2 by:
0
a. In paragraph (b), removing the period at the end of the first 
sentence and adding ``, and the United States Maritime Administration 
(MARAD) under agreement with the Department of Transportation.''
0
b. Adding paragraph (d).
    The addition reads as follows:


Sec.  233.2  Applicability.

* * * * *
    (d) United States Postal Service pursuant to 52 U.S.C. 20304(b)(2) 
and (4).

0
2. Amend Sec.  233.6 by:
0
a. Adding paragraph (b)(5).
0
b. In paragraph (c)(1), after ``Department of Health and Human 
Services,'' removing ``are encouraged'' and adding in its place '' 
shall enter into agreements with the Presidential designee''.
    The addition reads as follows:


Sec.  233.6  Procedures.

* * * * *
    (b) * * *
    (5) Establish a DoD Component-wide means to communicate effectively 
with and expeditiously disseminate voting information to Commanders, 
VAOs, and uniformed services and overseas DoD civilian members of the 
DoD Component and their voting age dependents. This communication 
effort should be coordinated with the FVAP.
* * * * *

    Dated: February 19, 2020.
Morgan E. Park,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2020-03615 Filed 3-5-20; 8:45 am]
 BILLING CODE 5001-06-P