[Federal Register Volume 89, Number 136 (Tuesday, July 16, 2024)]
[Proposed Rules]
[Pages 57810-57819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15091]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 238

[Docket ID: DoD-2024-OS-0006]
RIN 0790-AL71


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

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

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: DoD is proposing revisions to implement requirements of 
section 1257 of the National Defense Authorization Act for Fiscal Year 
2023. This statute prohibits assistance to entertainment projects such 
as feature motion pictures, episodic television programs, 
documentaries, and computer-based games that have complied or are 
likely to comply with a demand from the Government of the People's 
Republic of China (PRC), the Chinese Communist Party (CCP), or an 
entity under the direction of the PRC or the CCP, to censor the content 
of the project in a material manner to advance the national interest of 
the PRC. This proposed rule informs producers and production companies 
that request DoD assistance about the procedures needed to implement 
the restrictions imposed by section 1257. It includes a discussion of 
the information the Department will use to determine whether to assist 
or continue to assist an entertainment project. It also describes the 
DoD proposed certification process and includes two updated sample 
Production Assistance Agreements (PAA) implementing section 1257 
provisions.

DATES: Comments must be received by September 16, 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 eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Department of Defense, Office of the Assistant to 
the Secretary of Defense for Privacy, Civil Liberties, and 
Transparency, 4800 Mark Center Drive, Attn: 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 at www.regulations.gov as 
they are received without change, including any personal identifiers or 
contact information.

FOR FURTHER INFORMATION CONTACT: Glen Roberts, (703) 697-6005, or Kyle 
Combs, (703) 695-6290.

SUPPLEMENTARY INFORMATION:

I. Background and Legal Authority

    Pursuant to 10 U.S.C. 113 and DoD Directive 5122.05, the Secretary 
of Defense has delegated to the Assistant to the Secretary of Defense 
for Public Affairs the responsibility for establishing policy, plans, 
and programs for DoD assistance to non-Government and entertainment-
oriented motion picture, television, and video productions, in 
accordance with DoD Instruction (DoDI) 5410.16 (available at https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/541016p.pdf). 
Further, 10 U.S.C. 2264 authorizes crediting of applicable 
appropriations with reimbursements for expenses incurred by the 
Department resulting from assistance provided to non-Government, 
entertainment-oriented media-producers and for which the DoD requires 
reimbursement under 31 U.S.C. 9701 or any other provision of law. 
Additionally, 31 U.S.C. 9701 permits the head of a U.S. Government 
agency to prescribe regulations establishing the charge for a service 
or thing of value provided by the agency, if charges are fair and based 
on costs to the U.S. Government, the value of the

[[Page 57811]]

service or thing to the recipient, the public policy or interest served 
and other relevant facts. Finally, section 1257 of the National Defense 
Authorization Act (NDAA) for Fiscal Year 2023 imposed restrictions on 
DoD's ability to assist entertainment projects that have complied or 
are likely to comply with certain censorship demands from the PRC or 
CCP and is the primary impetus for this proposed rule.
    Currently, those seeking DoD production assistance request it 
through the Military Departments or National Guard Bureau entertainment 
media offices. To be considered for assistance or to continue 
assistance once approved, the entertainment media institution or 
individual producer, in addition to meeting DoD's other criteria for 
support, previously published in the last rule update, must also not 
comply or be likely to comply with a demand from the PRC, CCP, or an 
entity under their direction to censor the content of the project in a 
material manner to advance the national interest of the PRC. DoD 
personnel who process requests for DoD assistance to entertainment 
projects or coordinate during an approved production will follow the 
process outlined in this proposed rule when finalized.
    The rule was last updated on August 10, 2015 (see 80 FR 47836), to 
include documentaries within the category of non-Government, 
entertainment-oriented media productions requiring approval of 
production assistance at the DoD level. It also addressed how military 
personnel may appear in entertainment media and included sample PAAs.
    Based on section 1257, this proposed rule will now require 
production companies seeking DoD assistance to make requests using the 
proposed DD Form 3205. This proposed rule also updates the PAA samples 
to reflect the requirements imposed by section 1257.

II. Expected Impact of the Proposed Rule

    To ensure consistency of approach among DoD and components, support 
and assistance for a non-Government, entertainment-oriented media 
production should be at no additional expense to the Government and 
taxpayers (i.e., in excess of those costs DoD otherwise would have 
incurred, as determined by DoD). After DoD agrees with a production 
company to provide production assistance and the parties have signed a 
PAA, the operations, maintenance, supply, and equipment costs incurred 
by DoD as a consequence of providing support for individual productions 
are reimbursed by the non-Government entertainment production company. 
Reimbursement ordinarily is made in advance per section 20.4(b) of 
Office of Management and Budget (OMB) Circular A-11 (available at 
https://www.whitehouse.gov/wp-content/uploads/2018/06/a11.pdf), as 
statutory authority is required for agencies to incur obligations 
dependent on orders from non-Federal sources without an advance. The 
sample PAAs used by the Department include a provision specifying the 
production company's obligation to indemnify the DoD for claims arising 
from the production company's possession or use of DoD property or 
other assistance.
    The current criteria allow DoD to provide support to an 
entertainment media production when it benefits the Department or when 
such cooperation would be in the best interest of the Nation based on 
whether the production presents a reasonably realistic depiction of the 
Military Services and DoD, is informational and likely to contribute to 
public understanding of the Military Services and DoD, or may benefit 
recruiting and retention programs.
    DoD currently receives approximately 200 requests, including 
documentary support requests, for assistance annually. (During the 
COVID-19 pandemic in 2021 and 2022, requests decreased to about 140 
annually.) Each respondent-requester provides one response requiring an 
estimated 45 minutes with an estimated cost per response of $30.77, 
based on a median hourly wage $41.02 for a producer. (See data from 
Bureau of Labor Statistics at https://www.bls.gov/ooh/entertainment-and-sports/producers-and-directors.htm). Therefore, total non-
Government cost of requesting support is estimated to be $6,154. The 
cost to the Federal Government to review requests is estimated to be 
$34.46 per response (requiring 45 minutes per response) based on the 
2023 hourly rate of $45.95 of a GS-12 Federal employee (average level/
rank) located in the Los Angeles area where most of the Military 
Services have offices that are the initial point of review for 
requests. The total estimated cost to the Federal Government in 
reviewing requests for support is estimated to be $6,892.
    With section 1257, individual producers and production companies 
will now certify that they have not complied and are not likely to 
comply with demands from the PRC, CCP, or an entity under the direction 
of the PRC or CCP to censor the content of the project in a material 
manner to advance the national interest of the PRC.
    With this rulemaking, DoD is proposing DD Form 3205, to formalize 
and streamline the collection of the information required to evaluate 
requests, consistent with the Paperwork Reduction Act. Due to the 
restrictions of section 1257, DoD estimates that the number of 
respondents requesting DoD assistance is likely to decrease to 195, 
resulting in an estimated 2.5 percent decrease in non-Government and 
Government costs. Using this lower estimate of requests and the same 
rates as applied to the current rule, the total non-Government cost is 
estimated to be $6,000, and the total cost to the Federal Government is 
estimated to be $6,720.
    DoD believes the amendment proposed will most likely affect 
requests for assistance to feature film projects with larger budgets 
that may wish to have the option of recouping costs in China. On 
average, DoD assists 7 feature film projects per year, which is a small 
portion of the approximately 100 projects DoD supports annually. Most 
DoD support is to unscripted, documentary, or other entertainment 
productions, which are not typically submitted for release for 
distribution in China. According to public reporting, all films 
publicly released in China require a permit from Chinese regulators and 
censorship is pervasive (source: https://www.cnn.com/2022/07/08/media/hollywood-china-censors-box-office-intl-hnk/index.html). If producers 
and production companies seeking DoD support for their entertainment 
projects are unable to certify that the project has not complied and is 
not likely to comply with Chinese censorship demands, DoD cannot 
support such projects. However, this proposed rule does not prevent a 
production from being distributed in China; it only prohibits DoD 
assistance to entertainment projects that comply with a censorship 
demand that advances the national interest of the PRC or CCP in a 
material way. This proposed rule also does not apply to projects not 
supported by DoD or depictions of the U.S. military in entertainment 
productions not assisted by the DoD.

III. Regulatory Compliance Analysis

A. Executive Order 12866, ``Regulatory Planning and Review,'' as 
Amended by Executive Order 14094, ``Modernizing Regulatory 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

[[Page 57812]]

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 proposed rule has been designated significant, under 
Executive Order 12866 (as amended by Executive Order 14094). This 
proposed rule does not have direct economic, environmental, public 
health, safety, distributive, or equity impacts.

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

    The Assistant to the Secretary of Defense for Public Affairs 
certified that this proposed 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. The 
entities most impacted by this proposed rule are typically larger 
production companies rather than small businesses, and very few in 
number. Further, each year, the vast majority of DoD assistance to 
entertainment productions is generally for unscripted or documentary 
projects, which are not typically submitted for release in China, and 
are produced by small production companies; DoD support to these types 
of entertainment projects is not expected to be affected by this 
proposed rule.

C. 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 proposed 
rule will not mandate any requirements for State, local, or tribal 
governments, and will not affect private sector costs.

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

    Section 238.6 of this proposed rule contains information collection 
requirements under the provisions of the Paperwork Reduction Act (44 
U.S.C. chapter 35). DoD has submitted the proposed collection of 
information reflected on proposed DD Form 3205 to OMB for review under 
44 U.S.C. 3507(d). Comments are invited on: (a) whether the proposed 
collection of information is necessary for the proper performance of 
the functions of DoD, including whether the information will have 
practical utility; (b) the accuracy of the estimate of the burden of 
the proposed information collection; (c) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (d) ways 
to minimize the burden of the information collection on respondents, 
including the use of automated collection techniques or other forms of 
information technology.
    Title: Request for DoD Production Assistance.
    Type of Request: Proposed Collection; Comment Request.
    Number of Respondents: 195.
    Responses per Respondent: 1.
    Annual Responses: 195.
    Average Burden per Response: 45 minutes.
    Annual Burden Hours: 146.25 hours.
    Needs and Uses: The proposed collection of information requests 
that the production company provide certain information about the 
project for which DoD support is sought, including, but not limited to, 
the title, synopsis, timing, funding, insurance, and planned 
distribution for the project, in addition to the specific request for 
support, contact information, a script or treatment of the project, and 
a certification to help DoD implement the requirements of section 1257 
of the NDAA for Fiscal Year 2023. This information collection 
requirement is necessary to evaluate the eligibility of productions 
requesting DoD assistance for appropriateness and compliance with DoD 
policies and for coordination of the units involved to determine 
whether requested military assets are available.
    Affected Public: Non-profit or for-profit entertainment media 
institutions, individual producers.
    Frequency: On Occasion.
    Respondent's Obligation: $30.77.
    OMB Desk Officer: Ms. Jasmeet Seehra.
    Written comments and recommendations on the proposed information 
collection should be sent to Ms. Jasmeet Seehra at the Office of 
Management and Budget, DoD Desk Officer, Room 10102, New Executive 
Office Building, Washington, DC 20503, with a copy to the 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. Comments can be 
received from 30 to 60 days after the date of this document, but 
comments to OMB will be most useful if received by OMB within 30 days 
after the date of this document.
    You may also submit comments, identified by docket number and 
title, by the following method:
    Federal eRulemaking Portal: https://www.regulations.gov. Follow the 
instructions for submitting comments.
    Instructions: All submissions received must include the agency 
name, docket number and title 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 at 
regulations.gov as they are received without change, including any 
personal identifiers or contact information.
    To request more information on this proposed information collection 
or to obtain a copy of the proposal and associated collection 
instruments, please write to Office of the Assistant to the Secretary 
of Defense for Public Affairs, ATTN: Community Engagement Directorate, 
1400 Defense, The Pentagon, Washington, DC 20301-1400 or 
[email protected], or call Glen Roberts 
at (703) 697-6005.

E. 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 has federalism implications, imposes substantial 
direct compliance costs on State and local governments, and is not 
required by statute, or has federalism implications and preempts State 
law. This proposed rule will not have a substantial effect on State and 
local governments.

F. 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 (and subsequent 
final rule) that imposes substantial direct compliance costs on one or 
more Indian tribes, preempts tribal law, or effects the distribution of 
power and responsibilities between the Federal Government and Indian 
tribes. This proposed rule will not have a substantial effect on Indian 
tribal governments.

List of Subjects in 32 CFR Part 238

    Documentaries, Entertainment, Media productions.

    Accordingly, 32 CFR part 238 is proposed to be amended as follows:

[[Page 57813]]

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

0
1. The authority citation for part 238 is revised to read as follows:

    Authority: 10 U.S.C. 2264; 31 U.S.C. 9701; sec. 1257, Pub. L. 
117-263, 136 Stat. 2395.

0
2. Amend Sec.  238.3 by:
0
a. Revising the introductory text.
0
b. Adding the definition of ``DoD aviation user rates'' in alphabetical 
order.
    The revision and addition read as follows:


Sec.  238.3  Definitions.

    These terms and their definitions are for the purposes of this 
part.
* * * * *
    DoD aviation user rates. Hourly rates when different types of fixed 
wing and rotary wing aircraft that DoD agencies use to determine the 
reimbursement amount when specific aircraft are used to provide support 
on a reimbursable basis. These rates are specified by the Office of the 
Under Secretary of Defense (Comptroller)/Chief Financial Officer, 
Department of Defense each fiscal year, except for aircraft provided by 
the United States Transportation Command (TRANSCOM), which publishes 
rates for aircraft operations financed by the Defense Working Capital 
Fund.
0
3. Amend Sec.  238.4 by adding paragraph (f) to reads as follows:


Sec.  238.4  Policy.

* * * * *
    (f) In accordance with section 1257 of Public Law 117-263, DoD will 
not provide production assistance when there is demonstrable evidence 
that the production has complied or is likely to comply with a demand 
from the Government of the People's Republic of China (PRC), the 
Chinese Communist Party (CCP), or an entity under the direction of the 
PRC or the CCP to censor the content of the project in a material 
manner to advance the national interest of the PRC.
0
4. Amend Sec.  238.5 by:
0
a. In paragraph (a) introductory text:
0
i. Removing the words ``will serve'' and adding in its place the word 
``serves''.
0
ii. Removing the word ``sole.''
0
iii. Adding the words ``; this authority may not be delegated, except 
to an official in the Office of the ATSD(PA)'' after the words 
``entertainment-oriented media''.
0
iv. Removing the words ``Heads of the Military Components'' and adding 
in its place the words ``Secretaries of the Military Departments and 
the Chief, National Guard Bureau''.
0
b. Removing the signal ``i.e.'' from the first parenthetical of 
paragraph (a)(3) and adding in its place the signal ``e.g.''
0
c. Adding paragraph (a)(4).
0
d. Revising paragraph (b).
    The addition and revision read as follows:


Sec.  238.5  Responsibilities.

    (a) * * *
    (4) A certification from the production company is provided in 
accordance with the procedures in Sec.  238.6(b)(1)(iii), consistent 
with Sec.  238.4(f).
    (b) The Secretaries of the Military Departments and the Chief, 
National Guard Bureau, develop procedures for implementing this part 
and ensure that the requirements of this part are met.
0
5. Amend Sec.  238.6 by:
0
a. Removing the words ``his or her'' and adding in its place words 
``the ATSD(PA)'s'' in paragraph (a)(2).
0
b. Removing the web address ``http://www.dtic.mil/whs/directives/
corres/pdf/550007p.pdf'' and adding in its place the web address 
``https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/550007p.pdf'' in paragraph (a)(4).
0
c. Revising paragraph (b).
0
d. Removing the web address ``http://www.dtic.mil/whs/directives/corres/pdf/512205p.pdf'' and adding in its place the web address 
``https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/512205_dodd_2017.pdf?ver=2017-08-07-125832-023'' in paragraph (c)(3).
0
e. Adding a sentence at the end of paragraph (d) introductory text.
0
f. Removing the word ``Component'' and adding in its place the words 
``Department or the National Guard Bureau'' in paragraph (d)(1).
0
g. Adding the word ``the'' before the words ``project officer,'' and 
removing the word ``shall'' and adding in its place the word ``will'' 
in paragraph (d)(2)(ix).
0
h. Adding the words ``, Department of Defense'' at the end of paragraph 
(d)(4).
0
i. Adding paragraph (e).
    The revisions and additions read as follows:


Sec.  238.6  Procedures.

* * * * *
    (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 Departments and the National Guard Bureau 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 Departments and the National Guard 
Bureau 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 to be included on 
a completed DD Form 3205, ``Request for DoD Production Assistance'' 
(available at https://www.esd.whs.mil/Directives/forms/). 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) To be considered for approval, an authorized representative 
of the production company must certify that the project has not 
complied and is not likely to comply with a demand from the Government 
of the PRC, the CCP, or an entity under the direction of the PRC or the 
CCP to censor the content of the project in a material manner to 
advance the national interest of the PRC in accordance with section 
1257 of Public Law 117-263.
    (iv) When OATSD(PA) receives verifiable information from another 
source that the project has complied with or is likely to comply with 
such a demand for censorship as described in paragraph (b)(1)(iii) of 
this section, OATSD(PA) will, to the extent feasible, inquire with the 
production company about the information to help inform the DoD 
decision on whether to approve support for the project.
    (v) 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.

[[Page 57814]]

    (2) Production assistance notification. Upon reviewing the 
recommendations of the Military Departments and the National Guard 
Bureau 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 DoD has approved DoD production assistance and identifying the DoD 
project officer tasked with representing the DoD 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 the 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 will clearly describe the portion(s) 
approved. If assistance is not approved, the 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 Departments and the National Guard 
Bureau 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 the 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 assisting the 
production company 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 
the 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 DoD, the 
assigned project officer may provide ``on-scene'' assistance to the 
production company. Military or civilian technical 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 DoD, 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 DoD.
    (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 both active-duty members and 
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 must 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) Ensuring the project has not complied and is not likely to 
comply with a demand from the Government of the PRC, the CCP, or an 
entity under the direction of the PRC or the CCP, to censor the content 
of the project in a material manner to advance the national interest of 
the PRC, in accordance with section 1257 of Public Law 117-263. The 
project officer will assess the likelihood of a project's compliance 
with such a demand and of influence or potential influence from the PRC 
on a project based on the following:
    (1) The production company's representations, in accordance with 
paragraph (b)(1)(iii) of this section.
    (2) The production company's representations in the Production 
Assistance Agreement, including the ongoing obligation to notify the 
project officer in writing of such a censorship demand, including the 
terms of such demand, and whether the project has complied or is likely 
to comply with a demand for such censorship. See paragraph 20 of 
appendix A to this part and paragraph 18 of appendix B to this part for 
example language.
    (3) Verifiable information from other sources. In the event of such 
verifiable information, the project officer will coordinate with 
appropriate OATSD(PA) personnel for the purpose of ensuring that, to 
the extent feasible, the information is addressed with the production 
company's authorized representative.
    (I) Based on the considerations listed in paragraphs 
(b)(3)(iii)(H)(1) through (3) of this section, the project officer will 
coordinate with appropriate OATSD(PA) personnel to make an informed 
decision on whether DoD support may be provided or may

[[Page 57815]]

continue to be provided. As appropriate, OATSD(PA) personnel or the 
project officer will notify the production company of such decision in 
accordance with this part and, if applicable, the Production Assistance 
Agreement. In accordance with the decision, the project officer shall 
then undertake action to initiate, continue, or terminate DoD support.
    (J) Attending the approval screening of the production, unless the 
Military Department concerned, OATSD(PA), and the production company 
mutually agree otherwise.
    (K) 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 of DoD personnel. 
The likeness of DoD personnel in any imagery is included in the meaning 
of personally identifying information. If the recording or imagery 
captures medical treatment being performed on DoD personnel, the 
project officer will 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 will require the 
production company to gain written consent from the next of kin of the 
deceased or incapacitated DoD personnel.
* * * * *
    (d) * * * When such additional expenses are anticipated, the 
Production Assistance Agreement ordinarily should require the 
production company to provide an advance payment or a letter of credit 
in the amount estimated to comprise the total additional DoD expenses 
or deposit such funds in escrow.
* * * * *
    (e) Freedom of Information Act release. Pursuant to 5 U.S.C. 552, 
DoD may receive requests for records concerning DoD engagements with 
motion picture, television, and other entertainment media companies. 
Because these documents may contain confidential or privileged 
commercial information submitted by the motion picture, television, and 
other entertainment media company, or other non-releasable information, 
DoD Components processing requests for these records will consider the 
application of the exemptions in 5 U.S.C. 552 to such records, 
including the exemption in 5 U.S.C. 552(b)(4).
0
6. Revise appendix A to part 238 to read as follows:

Appendix A to Part 238--Sample Production Assistance Agreement

U.S. DEPARTMENT OF DEFENSE

PRODUCTION ASSISTANCE AGREEMENT

DoD-[enter number]-[enter year]

    The United States Department of Defense (DoD), acting on behalf 
of the United States of America, hereby expresses its intent, 
subject to the provisions herein, to provide to [enter name of 
production entity], hereinafter referred to as the ``production 
company,'' the assistance itemized in this Production Assistance 
Agreement (Agreement) in conjunction with the production of a [enter 
type of production; e.g., feature motion picture, television series] 
known at this time as [enter title of production or episode]. This 
Agreement expresses the terms under which the DoD intends to provide 
assistance. This Agreement does not authorize the obligation of any 
United States Government funding, nor should it be construed as a 
contract, grant, cooperative agreement, other transaction, or any 
other form of procurement agreement.
    LIST OF MILITARY RESOURCES REQUESTED TO BE PROVIDED IN SUPPORT 
OF PRODUCTION [or ``see Attachment 1'']. The DoD will make 
reasonable efforts to provide the assistance requested in the 
request for production assistance, to the extent approved by the 
DoD, and subject to the limitations contained herein.
    This Agreement is subject to revocation due to non-compliance 
with the terms herein, with the possible consequence of a temporary 
suspension or permanent withdrawal of the use of some or all of the 
military resources identified to assist this project, revocation of 
the general release for photography and sound recordings (see 
Paragraph 9), and/or withholding of other approvals incidental to 
this agreement. Requests for future support from the DoD may also be 
denied. In the event of dispute, the production company will be 
given a written notice of non[dash]compliance by the DoD project 
officer. The production company will have a 72-hour cure period 
after receipt of written notice of non-compliance. DoD may 
temporarily suspend support until the non-compliance has been cured 
or the 72-hour cure period has expired. After the cure period has 
expired, DoD may permanently withdraw its support for the 
production. If such Agreement is either suspended or terminated, the 
sole right of the Production Company to appeal such decision is to 
the DoD designee responsible for coordinating production assistance 
for entertainment media operations (``DoD Director of Entertainment 
Media''). The requirements in Department of Defense Instruction 
5410.16 will apply to this Agreement.
    It is understood between the DoD and the production company 
that:
    1. The DoD project officer, [enter name of project officer], is 
the official DoD representative responsible for ensuring that the 
terms of this Agreement are met. The DoD project officer or their 
designee will be present each day the U.S. military is being 
portrayed, photographed, or otherwise involved in any aspect of 
[enter title of production]. The DoD project officer is the military 
technical advisor, and all military coordination must go through 
them. The production company will consult with the DoD project 
officer in all phases of pre-production, production, and post-
production that involves or depicts the U.S. military.
    2. The production company will cast actors, extras, doubles, and 
stunt personnel portraying Service members who conform to individual 
Military Service regulations governing age, height and weight, 
uniform, grooming, appearance, and conduct standards. The DoD 
reserves the right to suspend support if a disagreement regarding 
the military aspects of these portrayals cannot be resolved in 
negotiation between the production company and the DoD within the 
72-hour cure period. The DoD project officer will provide written 
guidance specific to each Military Service being portrayed.
    3. The DoD has approved production assistance as in the best 
interest of the DoD, based on the [enter date] version of the script 
to the extent agreed upon by the DoD [, and as further described by 
___]. The production company must obtain, in advance, DoD 
concurrence for any subsequent changes proposed to the military 
depictions made to either the picture or the sound portions of the 
production before these changes are undertaken.
    4. The operational capability and readiness of the Military 
Departments and the National Guard Bureau will not be impaired. 
Unforeseen contingencies affecting national security or other 
emergency circumstances such as disaster relief may temporarily or 
permanently preclude the use of military resources. In these 
circumstances, the DoD will not be liable, financially or otherwise, 
for any resulting negative impact or prejudice to the production 
caused by the premature withdrawal or change in support to the 
production company.
    5. There will be no deviation from established DoD safety and 
conduct standards. The DoD project officer or their designee will 
coordinate such standards and compliance therewith. DoD will provide 
the production company advance notice of such safety or conduct 
standards upon request.
    6. All DoD property or facilities damaged, used, or altered by 
the production company in connection with the production will be 
restored by the production company to the same or better condition, 
cleaned and free of trash, normal wear and tear excepted, as when 
they were made available for the production company's use.
    7. The production company will reimburse the U.S. Government for 
any additional expenses incurred as a result of the assistance 
rendered for the production of [enter title of production]. The 
estimated amount will be detailed and included (e.g., ``see 
Attachment 2,''). The production company agrees to post advance 
payment or a letter of credit in the amount estimated to comprise 
the total additional DoD expenses or deposit such funds that may be 
reasonably necessary. The payment or letter of credit will be 
submitted to the military component(s) designated to provide the

[[Page 57816]]

assistance, or to another DoD agency, as deemed appropriate by DoD.
    a. The DoD agrees to provide statements of charges assessed by 
each installation or DoD Component providing assets to assist in the 
production within 45 days from the last day of the month in which 
filming is completed.
    b. The production company will be charged for only those 
expenses that are considered to be additional costs to the DoD in 
excess of those that would otherwise have been incurred, including, 
but not limited to fuel, resultant depot maintenance, expendable 
supplies, travel and per diem, civilian overtime, and lost or 
damaged equipment.
    c. If the final aggregate of such costs and charges is less than 
previously anticipated, DoD agrees to remit the exact amount of the 
difference of any funds posted within 45 days from the last day of 
the month in which filming is completed.
    8. The production company will be charged for the travel, 
lodging, per diem, and incidental expenses for the DoD project 
officer, the DoD Director of Entertainment Media or their designee, 
and any other assigned military technical and safety advisor(s) 
whose presence may be required by DoD. For each of these 
individuals, the production company will provide:
    a. Round-trip air transportation and ground transfers to the 
production location(s) at which there is a military portrayal or 
involvement, at times deemed appropriate by the DoD project officer 
and DoD Director of Entertainment Media.
    b. A full-size vehicle (with fuel and with loss, damage, and 
collision automobile insurance paid for by the production company) 
for their personal use during the filming, including for their stay 
at the production location(s). If parking at the location(s) is not 
available, transportation to and from the lodging location to the 
production site will be provided.
    c. Hotel accommodations equivalent to those provided to the 
production company's crew.
    d. A dedicated, on-location trailer room or other comparable 
work space with full internet access, desk, seating, and en-suite 
toilet.
    9. By approving DoD production assistance for [enter title of 
production], the DoD hereby provides a general release to the 
production company for the use of any and all photography and sound 
recordings of any and all Service members, equipment, and real 
estate, subject to the limitations in this Agreement (e.g., 
Paragraphs 12-13).
    10. As a condition of DoD assistance, the production company 
will:
    a. Indemnify and hold harmless the DoD, and its agencies, 
officers, and employees against any claims (including claims for 
personal injury and death, damage to property, and attorneys' fees) 
arising from the production company's possession or use of DoD 
property or other assistance in connection with this production of 
[enter title of production], to include pre[dash]production, post-
production, and DoD-provided orientation or training. This provision 
will not in any event require production company to indemnify or 
hold harmless the DoD or its agencies, officers, and/or employees 
from or against any claims arising from defects in DoD property or 
negligence on the part of DoD or its agencies, officers, or 
employees.
    b. Provide proof of adequate industry standard liability 
insurance, naming the 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 the DoD to 
protect its interests in the property involved.
    c. Not carry onto DoD property any non-prescription narcotic, 
hallucinogenic, or other controlled substance or alcoholic beverage 
without prior coordination with the DoD project officer or their 
designee.
    d. Not carry onto DoD property any real or prop firearms, 
weapons, explosives, or special effects devices or equipment that 
cause or simulate explosions, flashes, flares, fire, loud noises, 
etc., without the prior approval of the DoD project officer and the 
supporting installation.
    e. Allow DoD public affairs personnel access to the production 
site(s) to conduct still and motion photography of DoD personnel and 
assets that are directly supporting the filming, and to allow the 
DoD the use of production company-generated publicity and marketing 
materials, such as production stills and electronic press kits. 
These materials may be used to show DoD viewers how the DoD is 
assisting in the production; such materials may be viewed by the 
general public if posted on an open DoD website or released on ``The 
Pentagon Channel'' or other publicly accessible media source. 
Therefore, no DoD personnel will photograph actual filming, talent, 
or sets without the prior approval of the production company.
    11. The production company will provide the DoD project officer 
with whatever internal communications equipment it is supplying to 
production company crew members to communicate on the set during 
production of military-themed sequences. The production company will 
also supply the DoD project officer with earphones to monitor 
military-themed dialogue and other sound recording during these 
periods.
    12. The production company will screen for the DoD project 
officer and the DoD Director of Entertainment Media, or their 
designees, the roughly edited version of the production at a stage 
in editing when changes can be accommodated to allow the DoD to 
confirm the military sequences conforms to the agreed script 
treatment, or narrative description; 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 the DoD determine that material in the production 
compromises any of the preceding concerns, the DoD will alert the 
production company of the material, and the production company will 
remove the material from the production. The production company will 
bear the travel, lodging, per diem, and incidental expenses incurred 
in transporting the DoD project officer and the DoD Director of 
Entertainment Media, or their designees, to the location where the 
screening is held.
    13. No photography or sound recordings made with DoD assistance 
and no DoD photography and sound recordings released for this 
production will be reused or sold for use in other productions 
without DoD approval. The foregoing will not prohibit the production 
company from exploiting the production in any and all ancillary 
markets, now known or hereafter devised (including, without 
limitation, television, web content, home video, and theme parks) or 
from using clips in promotional material relative thereto.
    14. The production company will also provide an official DoD 
screening of the completed production in Washington, DC, prior to 
public exhibition. An alternative screening location may be 
authorized by the DoD, in negotiation with the production company. 
In this case, the production company will pay the travel and lodging 
expenses incidental to the attendance at the screening of the DoD 
project officer and the Director of Entertainment Media or their 
designees.
    15. The production company will use its best efforts to place a 
credit in the end titles immediately above the ``Special Thanks'' 
section (if any), substantially in the form of ``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 
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.
    16. The production company will provide the DoD with five 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.
    17. The production company will provide a minimum of ten DVD 
copies of the completed production to the DoD for internal briefings 
and for historical purposes, by overnight shipment to arrive the day 
following the first domestic airing or commercial distribution of 
the production. The DoD will not exhibit these video discs publicly 
or copy them; however, the DoD is allowed to use short clips from 
them in official presentations by Service members and DoD civilian 
personnel who were directly involved in providing DoD assistance, 
for the sole purpose of illustrating DoD support to the production. 
However, the DoD is prohibited from making these clips available to 
any other party for any other purpose.
    18. Official activities of DoD personnel in assisting the 
production must be within the scope of normal military activities, 
with the exception of the DoD project officer and assigned official 
technical advisor(s), whose activities must be consistent with their 
authorized additional duties. DoD personnel in an off-duty, non-
official status may be hired by the production company to perform as 
actors, extras, etc., provided there is no conflict with existing 
Service or Department regulations. In such cases, these conditions 
apply:

[[Page 57817]]

    a. Contractual agreements are solely between those individuals 
and the production company; however, they should be consistent with 
industry standards.
    b. The DoD project officer will ensure that DoD personnel will 
comply with standards of conduct regulations in accepting 
employment.
    c. The production company is responsible for any disputes with 
unions governing the hiring of non-union actors or extras.
    19. The production company may make donations or gifts in-kind 
to morale, welfare, and recreation programs of the military unit(s) 
involved; however, donations of this kind are not at all required, 
and are not in any manner a consideration in the determination of 
whether or not a production should receive DoD assistance. These 
donations must be coordinated through the DoD project officer and 
must comply with law and DoD policies.
    20. The production company acknowledges that, in accordance with 
Section 1257 of Public Law 117-263, the DoD may not knowingly 
provide active and direct support to any film, television, or other 
entertainment project if the project has complied or is likely to 
comply with a demand from the Government of the People's Republic of 
China, the Chinese Communist Party, or an entity under the direction 
of the People's Republic of China or the Chinese Communist Party to 
censor the content of the project in a material manner to advance 
the national interest of the People's Republic of China.
    a. To the best of the production company's knowledge, 
information, and belief, this project--including its producers, 
sponsors, distributors, parent companies, or other affiliates--has 
not complied with, nor is it likely to comply with, a demand from 
the Government of the People's Republic of China, the Chinese 
Communist Party, or an entity under the direction of the People's 
Republic of China or the Chinese Communist Party to censor the 
content of the project in a material manner to advance the national 
interest of the People's Republic of China.
    b. At any time, if the production company becomes aware of a 
demand from the Government of the People's Republic of China, the 
Chinese Communist Party, or an entity under the direction of the 
People's Republic of China or the Chinese Communist Party to censor 
the content of the project in a material manner to advance the 
national interest of the People's Republic of China, they will 
immediately notify the DoD project officer in writing of such 
demand, including the terms of such demand, and whether the project 
has complied or is likely to comply with such demand.
    21. This Agreement and other records relating to DoD assistance 
may be subject to disclosure pursuant to the Freedom of Information 
Act, 5 U.S.C. 552.
    22. The undersigned parties warrant that they have the authority 
to enter into this Agreement and that the consent of no other party 
is necessary to effectuate the full and complete satisfaction of the 
provisions contained herein.
    23. This Agreement consists of [enter number] pages including 
[enter number of attachment(s)]. Each page will be initialed by the 
undersigned DoD and production company representatives.

FOR THE DEPARTMENT OF DEFENSE
-----------------------------------------------------------------------
Signature and Date

Name of the DoD Representative:
-----------------------------------------------------------------------
Title and Address

FOR [ENTER PRODUCTION COMPANY]
-----------------------------------------------------------------------
Signature and Date

Name of Production Company Representative:
-----------------------------------------------------------------------
Title and Address
0
7. Revise appendix B to part 238 to read as follows:

Appendix B to Part 238--Sample Documentary Production Assistance 
Agreement

U.S. DEPARTMENT OF DEFENSE

DOCUMENTARY PRODUCTION ASSISTANCE AGREEMENT

DoD-[enter number]-[enter year]

    The United States Department of Defense (DoD), acting on behalf 
of the United States of America, hereby expresses its intent, 
subject to the provisions herein, to provide to [enter name of 
production entity], hereinafter referred to as the ``production 
company,'' the assistance itemized in this Production Assistance 
Agreement (Agreement) in conjunction with the production of a 
documentary known at this time as [enter title of the production]. 
This Agreement expresses the terms under which the DoD intends to 
provide assistance. This Agreement does not authorize the obligation 
of any United States Government funding, nor should it be construed 
as a contract, grant, cooperative agreement, other transaction, or 
any other form of procurement agreement.
    LIST OF MILITARY RESOURCES REQUESTED TO BE PROVIDED IN SUPPORT 
OF PRODUCTION [or ``see Attachment 1'']. The DoD will make 
reasonable efforts to provide the assistance requested in the 
request for DoD documentary assistance, to the extent approved by 
the DoD, and subject to the limitations contained herein.
    This Agreement is subject to revocation due to non-compliance 
with the terms herein, with the possible consequence of a temporary 
suspension or permanent withdrawal of the use of some or all of the 
military resources identified to assist this project, revocation of 
the general release for photography and sound recordings (see 
Paragraph 9), and/or withholding of other approvals incidental to 
this agreement. Requests for future support from DoD may also be 
denied. In the event of dispute, the production company will be 
given a written notice of non-compliance by the DoD project officer. 
The production company will have a 72-hour cure period after receipt 
of written notice of non-compliance. DoD may temporarily suspend 
support until the non-compliance has been cured or the 72-hour cure 
period has expired. After the cure period has expired, DoD may 
permanently withdraw its support for the production. If such 
Agreement is either suspended or terminated, the sole right of the 
Production Company to appeal such decision is to the DoD designee 
responsible for coordinating assistance for documentary productions. 
The requirements in Department of Defense Instruction 5410.16 will 
apply to this Agreement.
    It is understood between the DoD and the production company 
that:
    1. The DoD project officer, [enter name of project officer and 
contact information], is the official DoD representative responsible 
for ensuring that the terms of this Agreement are met. The DoD 
project officer is the military technical advisor, and all military 
coordination must go through them. The production company will 
consult with the DoD project officer in all phases of pre-
production, production, and post-production that involve or depict 
the U.S. military. The local unit/installation public affairs 
officer, or a designated official, may serve as the official onsite 
DoD representative for this project and will act as the interface 
between the film crew and military units providing both filming and 
logistical support.
    2. The DoD has approved production assistance as in the best 
interest of the DoD, based on the [enter date] version of the 
script, treatment, or narrative description to the extent agreed 
upon by the DoD [and as further described by ___]. The production 
company must obtain, in advance, DoD concurrence for any subsequent 
changes proposed to the military depictions made to either the 
picture or the sound portions of the production before these changes 
are undertaken.
    3. The operational capability and readiness of the Military 
Departments will not be impaired. Unforeseen contingencies affecting 
national security or other emergency circumstances such as disaster 
relief may temporarily or permanently preclude the use of military 
resources. In these circumstances, the DoD will not be liable, 
financially or otherwise, for any resulting negative impact or 
prejudice to the production caused by the premature withdrawal or 
change in support to the production company.
    4. There will be no deviation from established DoD safety and 
conduct standards. The DoD project officer, or their designee, will 
coordinate such standards and compliance therewith. The DoD will 
provide the production company advance notice of such safety or 
conduct standards upon request.
    5. All DoD property or facilities damaged, used, or altered by 
the production company in connection with the production will be 
restored by the production company to the same or better condition, 
cleaned and free of trash, normal wear and tear excepted, as when 
they were made available for the production company's use.
    6. The production company will reimburse the U.S. Government for 
any additional expenses incurred as a result of the assistance 
rendered for the production of [enter title of production]. The 
estimated amount will be detailed and included in this Agreement or 
as an attachment to it.

[[Page 57818]]

    7. The production company will be charged for only those 
expenses that are considered to be additional costs to the DoD in 
excess of those that would otherwise have been incurred, including, 
but not limited to, fuel, resultant depot maintenance, expendable 
supplies, travel and per diem, civilian overtime, and lost or 
damaged equipment.
    8. The production company will be charged for the travel, 
lodging, per diem, and incidental expenses for the DoD project 
officer, the DoD documentary officer or their designee, and any 
other assigned military technical and safety advisor(s) whose 
presence may be required by the DoD. For each of these individuals, 
the production company will provide:
    a. Round-trip air transportation and ground transfers to the 
production location(s) at which there is a military portrayal or 
involvement, at times deemed appropriate by the DoD project officer 
and the DoD documentary officer.
    b. Hotel accommodations equivalent to those provided to the 
production company's crew.
    9. By approving DoD production assistance for [enter title of 
production], the DoD hereby provides a general release to the 
production company for the use of any and all photography and sound 
recordings of any and all Service members, equipment, and real 
estate, subject to the limitations in this Agreement (e.g., 
including, but not limited to, Paragraphs 11-14).
    10. As a condition of DoD assistance, the production company 
will:
    a. Indemnify and hold harmless the DoD and its agencies, 
officers, and employees against any claims (including claims for 
personal injury and death, damage to property, and attorneys' fees) 
arising from the production company's possession or use of DoD 
property or other assistance in connection with this production of 
[enter title of production]. This provision will not in any event 
require the production company to indemnify or hold harmless the DoD 
or its agencies, officers, or employees from or against any claims 
arising from defects in DoD property or negligence on the part of 
DoD or its agencies, officers, or employees.
    b. 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.
    c. Not carry onto DoD property any non-prescription narcotic, 
hallucinogenic, or other controlled substance or alcoholic beverage 
without prior coordination with the DoD project officer or their 
designee.
    d. Not carry onto DoD property any real or prop firearms, 
weapons, explosives, or special effects devices or equipment that 
cause or simulate explosions, flashes, flares, fire, loud noises, 
etc., without the prior approval of the DoD project officer and the 
supporting installation.
    e. Allow DoD public affairs personnel access to the production 
site(s) to conduct still and motion photography of DoD personnel and 
assets that are directly supporting the filming, and to allow the 
DoD the use of production company-generated publicity and marketing 
materials. These materials may be used to show DoD viewers how the 
DoD is assisting in the production; such materials may be viewed by 
the general public if posted on an open DoD web site or on ``The 
Pentagon Channel'' or other publicly-accessible media source. 
Therefore, no DoD personnel will photograph actual filming without 
the prior approval of the production company.
    11. The production company will screen for the DoD project 
officer, and the DoD documentary officer, or their designees, the 
roughly edited version of the production at a stage in editing when 
changes can be accommodated to allow DoD to confirm the military 
sequences conforms to the agreed-upon script, treatment, or 
narrative description; 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 the 
DoD determine that material in the production compromises any of the 
preceding concerns, the DoD will alert the production company of the 
material, and the production company will remove the material from 
the production.
    12. If the recording or imagery to be used in the production 
captures medical treatment being performed on DoD personnel, the 
project officer will 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 will require the 
production company to gain written consent from the next of kin of 
the deceased or incapacitated DoD personnel.
    13. All DoD uniformed and civilian personnel who are 
photographed or sound recorded by the documentary production company 
are considered to be on duty and are precluded from receiving any 
compensation from the production company or any other party as a 
result of their appearance in the production or subsequent 
authorized productions, or as a result of the use of their name, 
likeness, life story, or other rights for any purpose. Military 
personnel in an off-duty, non-official status may be hired by the 
production company to perform as actors, extras, etc., provided 
there is no conflict with existing Service regulations. In such 
cases, these conditions apply:
    a. Contractual agreements are solely between those individuals 
and the production company; however, they should be consistent with 
industry standards.
    b. The DoD project officer will ensure that DoD personnel will 
comply with standards of conduct regulations in accepting 
employment.
    c. The production company is responsible for any disputes with 
unions governing the hiring of non-union actors or extras.
    14. No photography or sound recordings made with DoD assistance 
and no DoD photography and sound recordings released for this 
production will be reused or sold for use in other productions 
without DoD approval. The foregoing will not prohibit the production 
company from exploiting the production in any and all ancillary 
markets, now known or hereafter devised (including, without 
limitation, television, web content, home video, and theme parks) or 
from using clips in promotional material relative thereto.
    15. The production company will identify any and all re-
enactments in the production by placing the word ``RE-ENACTMENT'' on 
the screen, in a legible format and of a legible size, for either 
the duration of the re-enactment or at the beginning of the re-
enactment for a period of not less than 3 seconds and reappearing 
every subsequent 10 seconds for a period of 3 seconds until 
complete. This activity will occur for every instance of a re-
enactment in the production.
    16. The production company will use its best efforts to place a 
credit in the end titles immediately above the ``Special Thanks'' 
section (if any) substantially in the form of ``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 
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.
    17. The production company will provide a minimum of five DVD 
copies of the completed production within 7 working days of initial 
broadcast to the DoD, for internal briefings and for historical 
purposes. The DoD will not exhibit these DVDs publicly or copy them; 
however, the DoD is allowed to use short clips from them in official 
presentations by Service members and DoD civilian personnel who were 
directly involved in providing DoD assistance, for the sole purpose 
of illustrating DoD support to the production. However, the DoD is 
prohibited from making these clips available to any other party for 
any other purpose.
    18. The production company acknowledges that, in accordance with 
Section 1257 of Public Law 117-263, the DoD may not knowingly 
provide active and direct support to any film, television, or other 
entertainment project, if the project has complied or is likely to 
comply with a demand from the Government of the People's Republic of 
China, the Chinese Communist Party, or an entity under the direction 
of the People's Republic of China or the Chinese Communist Party to 
censor the content of the project in a material manner to advance 
the national interest of the People's Republic of China.
    a. To the best of the production company's knowledge, 
information, and belief, this project--including its producers, 
sponsors, distributors, parent companies, or other affiliates--has 
not complied with, nor is it likely to comply with, a demand from 
the Government of the People's Republic of China, the Chinese 
Communist Party, or an entity under the direction of the People's 
Republic of China or the Chinese Communist Party, to censor the 
content of the project in a material manner to advance the national 
interest of the People's Republic of China.
    b. At any time, if the production company becomes aware of a 
demand from the Government of the People's Republic of China, the 
Chinese Communist Party, or an

[[Page 57819]]

entity under the direction of the People's Republic of China or the 
Chinese Communist Party to censor the content of the project in a 
material manner to advance the national interest of the People's 
Republic of China, they will immediately notify the DoD project 
officer in writing of such demand, including the terms of such 
demand, and whether the project has complied or is likely to comply 
with such demand.
    19. This Agreement and other records relating to DoD assistance 
may be subject to disclosure pursuant to the Freedom of Information 
Act, 5 U.S.C. 552.
    20. The undersigned parties warrant that they have the authority 
to agree to the terms of this Agreement and that the consent of no 
other party is necessary to effectuate the full and complete 
satisfaction of the provisions contained herein.
    21. This Agreement consists of [enter number] pages including 
[enter number of attachment(s)]. Each page will be initialed by the 
undersigned DoD and production company representatives.

FOR THE DEPARTMENT OF DEFENSE
-----------------------------------------------------------------------
Signature and Date

Name of the DoD Representative:
-----------------------------------------------------------------------
Title and Address

FOR [ENTER PRODUCTION COMPANY]
-----------------------------------------------------------------------
Signature and Date

Name of Production Company Representative:
-----------------------------------------------------------------------
Title and Address

    Dated: July 3, 2024.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2024-15091 Filed 7-15-24; 8:45 am]
BILLING CODE 6001-FR-P