[Federal Register Volume 89, Number 79 (Tuesday, April 23, 2024)]
[Proposed Rules]
[Pages 30296-30299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08527]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 246

[Docket ID: DOD-2023-OS-0058]
RIN 0790-AL63


Stars and Stripes Media Organization

AGENCY: Assistant to the Secretary of Defense for Public Affairs, 
Department of Defense (DoD).

ACTION: Proposed rule.

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SUMMARY: This rulemaking proposes to update authorities and 
responsibilities for the Stars and Stripes Media Organization (often 
abbreviated as Stripes) to reaffirm its editorial independence in 
providing media products not only to military service members and DoD 
civilian employees, but to U.S. veterans, families of veterans and 
current service members, and contractor personnel, particularly those 
serving overseas, based on changes in the consumption of news and 
information in a digital age. It additionally proposes to remove 
internal operational procedures of the Stars and Stripes Media 
Organization that do not require rulemaking under the Administrative 
Procedure Act.

DATES: Comments must be received by June 24, 2024.

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.

[[Page 30297]]

     Mail: Department of Defense, Office of the Assistant to 
the Secretary of Defense for Privacy, Civil Liberties, and 
Transparency, 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: Kyle Combs, 703-695-6290.

SUPPLEMENTARY INFORMATION: 

I. Background

A. Statement of Need for This Rulemaking

    This rulemaking update will clarify and reaffirm Stripes' 
authorities and responsibilities as the only DoD-authorized 
organization to provide First Amendment-type reporting and editorially 
independent media products for the benefit of the U.S. military 
community, including veterans, families of veterans and current service 
members, and contractor personnel, as well as current service members 
and DoD civilian employees, and remove those elements from the CFR that 
do not require rulemaking because they constitute internal management 
procedures. This update will also reflect the shift of Stripes from a 
print-first to digital-first media organization, as consumption of 
information has evolved in a digital age and media competition has 
increased. Stripes provides a reliable source of commercially available 
U.S. and world news and original news stories developed through first-
hand reporting by Stripes staff from bases around the world that is 
accurate, fair, impartial, credible, and editorially independent of the 
military chain of command and military public affairs activities. By 
keeping its audience informed, Stripes provides news of interest to the 
U.S. military community that enables them to exercise their 
responsibilities of citizenship.
    This rulemaking reaffirms Stripes operating as a nonappropriated 
fund instrumentality, a government entity established for military 
morale, welfare, and recreation of the U.S. military community that may 
both generate revenue and receive appropriated fund support consistent 
with its mission and applicable policy. Stripes is to be funded to the 
maximum extent possible through the sale and distribution of the 
newspapers, other products, authorized advertising, and other sources 
of revenue, as approved by the DoD and the Congress.
    This rulemaking also reaffirms the Stripes Ombudsman position and 
purpose, in accordance with the Fiscal Years 1990-91 National Defense 
Authorization Act House Committee on Armed Services Report, which 
requested the establishment of the Ombudsman position and that the 
Ombudsman report to the DoD and annually to the House Armed Services 
Committee on the state of the free flow of information to the Armed 
Forces via Stripes. The ombudsman position defends the independence of 
Stripes on behalf of its readers by ensuring that the Stripes newsroom 
is free from command interference or censorship. The position ensures 
that the newsroom upholds accuracy, fairness, and independence.

B. Legal Authority

    Section 113 of Title 10, U.S.C., provides the Secretary of Defense, 
subject to the direction of the President, authority, direction, and 
control over the DoD. 10 U.S.C. 191 and 192 provide authority to the 
Secretary of Defense to establish Defense Agencies and Field Activities 
to provide common services to the Military Departments and provide for 
their supervision when such action would be more effective, economical, 
or efficient. The Defense Media Activity is presently the Defense Field 
Activity to which Stripes belongs. Stripes is a DoD organization 
providing First Amendment-type reporting that allows for a free flow of 
news information so that service members in all Military Departments 
and Services may stay informed of current events and issues to support 
exercise of their responsibilities of citizenship, especially where 
commercial news sources have limited incentives to report or 
distribute. Funded partly with appropriated funds and partly with 
nonappropriated funds, Stripes operates as a nonappropriated fund 
instrumentality and supports the morale, welfare, and readiness of the 
U.S. military community by providing a reliable source of accurate, 
fair impartial, and credible news to its audience, consistent with 10 
U.S.C. 136, Under Secretary of Defense for Personnel and Readiness, and 
DoD Instructions 1015.08, ``DoD Civilian Employee Morale, Welfare, and 
Recreation (MWR) Activities and Supporting Nonappropriated Fund 
Instrumentalities (NAFI)'' (available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/101508p.pdf); 1015.10, 
``Military Morale, Welfare, and Recreation (MWR) Programs'' (available 
at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/101510p.pdf?ver=2019-04-08-125319-650), and 1015.15, ``Establishment, 
Management, and Control of Nonappropriated Fund Instrumentalities and 
Financial Management of Supporting Resources'' (available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/101515p.pdf?ver=2019-04-08-125317-820).

C. Regulatory History

    This regulation, 32 CFR part 246, was previously published in the 
Federal Register (59 FR 19137) on April 22, 1994, and included DoD 
policy and internal procedures concerning the Stars and Stripes 
newspapers and business operations at the time. Since 1994, the 
regulation has had minor administrative updates, but does not presently 
reflect the changes in consumption of news and information in a digital 
age.
    DoD is now proposing revising this regulation to reflect current 
policies concerning those portions of the Stripes mission discussed in 
this preamble. This revision also removes information that is not 
necessary for inclusion in the CFR, consistent with the Administrative 
Procedure Act. Internal policies and procedures will remain in DoD 
Directive (DoDD) 5122.11, ``Stars and Stripes (S&S) Newspapers and 
Business Operations (available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/512211p.pdf).

II. Impact of This Regulation

    The updates to this rule are administrative in nature with no 
requirements of the public; therefore, the costs are nominal. Stripes 
content is to be provided at reasonable cost to the U.S. military 
community, comparable to the retail sales price of similar commercial 
newspapers throughout the United States, to ensure greatest access for 
its audience. Some advertiser-supported information is distributed to 
all readers at no cost. Stripes partially funds its mission in support 
of DoD through revenue-generating activities as a nonappropriated fund 
instrumentality. Stripes is also authorized appropriated funding, but 
Stripes is to be funded to the maximum extent possible through the sale 
and distribution of the newspapers, other products, authorized 
advertising, and other sources of revenue, as approved by the DoD and 
the Congress.

[[Page 30298]]

III. Regulatory Compliance Analysis

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

    These Executive Orders direct agencies to assess all costs, 
benefits and available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits 
(including potential economic, environmental, public health, safety 
effects, distributive impacts, and equity). These Executive Orders 
emphasize the importance of quantifying both costs and benefits, of 
reducing costs, of harmonizing rules, and of promoting flexibility. 
This rule has been designated not significant, under section 3(f) of 
Executive Order 12866, as amended by Executive Order 14094. This rule 
revision highlights areas of public interest regarding Stripes' 
editorial independence, but it removes internal procedures that do not 
have external burden or implications. This rule does not have direct 
economic, environmental, public health, safety, distributive, or equity 
impacts.

B. Congressional Review Act (5 U.S.C. 801 et seq.)

    Pursuant to the Congressional Review Act, this rule has not been 
designated a major rule, as defined by 5 U.S.C. 804(2). This rule does 
not have an annual effect on the economy of $100,000,000 or more; a 
major increase in costs or prices for consumers, individual industries, 
Federal, State, or local government agencies, or geographic regions; or 
significant adverse effects on competition, employment, investment, 
productivity, innovation, or on the ability of United States-based 
enterprises to compete with foreign-based enterprises in domestic and 
export market.

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

    The Assistant to the Secretary of Defense for Public Affairs 
certified that this rule is not subject to the Regulatory Flexibility 
Act (5 U.S.C. 601 et seq.) because the rule only addresses the 
operations of Stripes, and 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.

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

    Section 202 of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 
1532) 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. This rule will 
not mandate any requirements for state, local, or tribal governments, 
and will not affect private sector costs.

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

    It has been determined that this rule does not impose reporting or 
recordkeeping requirements under the Paperwork Reduction Act of 1995.

F. Executive Order 13132, ``Federalism''

    Executive Order 13132 establishes certain requirements that an 
agency must meet when it promulgates a rule that has Federalism 
implications, imposes substantial direct requirement costs on State and 
local governments, and is not required by statute, or has Federalism 
implications and preempts State law. This rule will not have a 
substantial effect on State and local governments.

G. Executive Order 13175, ``Consultation and Coordination With Indian 
Tribal Governments''

    Executive Order 13175 establishes certain requirements that an 
agency must meet when it promulgates a proposed rule that imposes 
substantial direct compliance costs on one or more Indian tribes, 
preempts tribal law, or affects the distribution of power and 
responsibilities between the Federal government and Indian tribes. This 
rule will not have a substantial effect on Indian tribal governments.

List of Subjects in 32 CFR Part 246, Government publications, 
Newspapers, and magazines.

0
Accordingly, 32 CFR part 246 is proposed to be revised to read as 
follows:

PART 246--STARS AND STRIPES MEDIA ORGANIZATION

Sec.
246.1 Purpose.
246.2 Definitions.
246.3 Policy. Appendix A to Part 246--Related Policies

    Authority:  10 U.S.C. 113, 136, 191-192.


Sec.  246.1  Purpose.

    This part clarifies and reaffirms the Stars and Stripes (Stripes) 
Media Organization authorities and responsibilities to provide 
editorially independent media products and services.


Sec.  246.2  Definitions.

    These terms and their definitions are for the purposes of this 
part.
    (a) Stars and Stripes Media Organization. Stripes Media 
Organization is a DoD-authorized, multi-platform, global source of 
independent news and information organization serving the U.S. military 
community, especially overseas. It provides a reliable source of 
commercially available U.S. and world news and original news stories 
developed through first-hand reporting by Stripes' staff from bases 
around the world that is objective, credible, and editorially 
independent of the military chain of command and military public 
affairs activities. Stripes also covers news of local or host-country 
conditions relevant to the U.S. military community and other content of 
interest to their readership that generally receives only limited 
coverage, if any, from commercial sources.
    (b) Stripes media products and services. Stripes media products and 
services are unofficial DoD multimedia products and services that 
provide current U.S. and world news, opinion, and other content of 
general interest to members of the U.S. military community. Products 
and services are provided to enhance morale, military readiness, and 
awareness of matters of particular interest to them as members of the 
U.S. military community, maintain their connection to American society, 
and assist them in continued exercise of their rights and obligations 
of citizenship.
    (c) Stripes Ombudsman. The Stripes Ombudsman is a highly qualified 
independent news media professional hired from outside of the DoD to 
serve a three-year term. The Stripes Ombudsman independently advises 
the Stripes Publisher and senior editorial leaders, DoD leadership and 
congressional oversight authorities on matters relating to audience 
interests, journalistic practices, editorial interference, news 
management, or censorship.
    (d) Stripes Publisher. The senior position in the Stripes Media 
Organization. This civilian government employee is a highly qualified 
independent news media professional who manages and controls the day-
to-day business and financial, operational, and administrative 
activities, and provides editorial oversight of Stripes.


Sec.  246.3  Policy.

    It is DoD policy that:
    (a) The Stars and Stripes Media Organization publishes accurate, 
fair, impartial, and credible news and

[[Page 30299]]

information for the benefit and specific interest to the U.S. military 
community, especially those serving overseas, including DoD civilian 
and military personnel, contractor personnel, veterans, and their 
families.
    (b) Stripes' content is to be provided at reasonable cost to the 
U.S. military community, comparable to the retail sales price of 
similar commercial news and information content throughout the United 
States, to ensure the greatest access for its audience.
    (c) Stripes' editorial operations are independent of the military 
chain of command, military public affairs activities, or other external 
influences, and without censorship, inappropriate news management, or 
propaganda, but they fully comply with the policies and procedures that 
prevent the disclosure of information that is classified national 
security information or controlled unclassified information, would 
adversely affect national security, or clearly endanger the lives of 
U.S. personnel in accordance with the DoD authorities in paragraphs (a) 
through (e) of appendix A of this part and applicable laws, 
regulations, and Government-wide policies.
    (d) Stripes' editorial policies and practices will be in keeping 
with journalistic standards of U.S. commercial news organizations of 
the highest quality, such as the Code of Ethics of the Society of 
Professional Journalists (available at http://www.spj.org/ethicscode.asp).
    (e) Stripes' products and services may not advance a specific 
editorial position, point of view or particular interest, but will 
present a wide range of news and views, including coverage of U.S. 
political campaigns in an impartial, objective, and nonpartisan manner 
that does not imply endorsement of any candidate or political party.
    (f) Stripes' products and services are unofficial and do not 
reflect the official views of, or endorsement by, the U.S. Government, 
the DoD, or subordinate command authorities.
    (g) Stripes' reporters and editorial staff are DoD personnel 
authorized to gather and report news, good and bad, about the DoD and 
the U.S. military community. They may ask questions of DoD officials, 
gain help, have access, and attend gatherings or events available to 
reporters from the commercial media. Stripes reporters with access to 
DoD installations (because of their status as DoD personnel) may cover 
events or activities open to those with installation access even though 
commercial media may not have the same unescorted access; information 
published about or resulting from such events or activities is still 
subject to the requirements of paragraph (c) of this section.
    (h) Although newsgathering is investigative by nature, Stripes is 
not an authorized investigative agency, such as a military criminal 
investigative organization, other DoD investigative body, or an office 
of Inspector General, and does not conduct official investigations on 
behalf of DoD. It may, however, report on such official DoD 
investigations, as well as investigations by outside organizations or 
commercial media in the public domain (i.e., engage in investigative 
reporting).
    (i) As DoD employees, the Stripes' news staff members must adhere 
to the DoD personnel policies that may not usually apply to journalists 
employed by commercial newspapers, including 5 CFR parts 2635 and 3601 
and paragraphs (f) and (g) of appendix A of this part, as applicable, 
and all other applicable DoD policies and Federal laws and regulations 
as well as any applicable Status of Forces Agreements.
    (j) Stripes partially funds its mission in support of DoD through 
revenue-generating activities as a nonappropriated fund 
instrumentality, a government entity established for morale, welfare, 
and recreation that may generate revenue and minimize the need for 
congressionally appropriated fund support. Stripes is to be funded to 
the maximum extent possible through the sale and distribution of news 
and information products, authorized advertising, printing services, 
and other sources of revenue, as approved by the DoD or Congress. While 
Stripes is authorized nonappropriated and appropriated funding, 
appropriated fund support is to be kept to a minimum level consistent 
with its mission but at levels provided for in paragraph (h) of 
appendix A of this part. Stripes also may be authorized appropriated 
funding for news and information production and free distribution to 
support members of the U.S military community deployed during armed 
conflict, exercises, or in contingency environments.

Appendix A to Part 246--Related Policies

    The Stars and Stripes Media Organization is supported by the 
following policies:
    (a) DoD Instruction 5200.01, ``DoD Information Security Program 
and Protection of Sensitive Compartmented Information (SCI)'' 
(available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/520001p.PDF).
    (b) DoD Instruction 5200.48, ``Controlled Unclassified 
Information (CUI)'' (available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/520048p.PDF).
    (c) DoD Manual 5200.01, Volume 1, ``DoD Information Security 
Program: Overview, Classification, and Declassification'' (available 
at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodm/520001m_vol1.pdf).
    (d) DoD Manual 5200.01, Volume 2, ``DoD Information Security 
Program: Marking of Information'' (available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodm/520001m_vol2.pdf).
    (e) DoD Manual 5200.01, Volume 3, ``DoD Information Security 
Program: Protection of Classified Information'' (available at 
https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodm/520001m_vol3.pdf).
    (f) DoD Directive 5500.07, ``Standards of Conduct'' (available 
at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/550007p.pdf).
    (g) Manual for Courts-Martial United States (2019 Edition) 
(available at https://jsc.defense.gov/Portals/99/Documents/2019%20MCM%20(Final)%20(20190108).pdf).
    (h) DoD Instruction 1015.15, ``Establishment, Management, and 
Control of Nonappropriated Fund Instrumentalities and Financial 
Management of Supporting Resources'' (available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/101515p.pdf).

    Dated: April 17, 2024.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

[FR Doc. 2024-08527 Filed 4-22-24; 8:45 am]
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