Proposed Rule2024-08527
Stars and Stripes Media Organization
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 23, 2024
Issuing agencies
Defense Department
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 79 (Tuesday, April 23, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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:
<bullet> Federal Rulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Follow the instructions for submitting comments.
[[Page 30297]]
<bullet> 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> 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 <a href="https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/101508p.pdf">https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/101508p.pdf</a>); 1015.10,
``Military Morale, Welfare, and Recreation (MWR) Programs'' (available
at <a href="https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/101510p.pdf?ver=2019-04-08-125319-650">https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/101510p.pdf?ver=2019-04-08-125319-650</a>), and 1015.15, ``Establishment,
Management, and Control of Nonappropriated Fund Instrumentalities and
Financial Management of Supporting Resources'' (available at <a href="https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/101515p.pdf">https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/101515p.pdf</a>?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 <a href="https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/512211p.pdf">https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/512211p.pdf</a>).
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.
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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 <a href="http://www.spj.org/ethicscode.asp">http://www.spj.org/ethicscode.asp</a>).
(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 <a href="https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/520001p.PDF">https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/520001p.PDF</a>).
(b) DoD Instruction 5200.48, ``Controlled Unclassified
Information (CUI)'' (available at <a href="https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/520048p.PDF">https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/520048p.PDF</a>).
(c) DoD Manual 5200.01, Volume 1, ``DoD Information Security
Program: Overview, Classification, and Declassification'' (available
at <a href="https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodm/520001m_vol1.pdf">https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodm/520001m_vol1.pdf</a>).
(d) DoD Manual 5200.01, Volume 2, ``DoD Information Security
Program: Marking of Information'' (available at <a href="https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodm/520001m_vol2.pdf">https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodm/520001m_vol2.pdf</a>).
(e) DoD Manual 5200.01, Volume 3, ``DoD Information Security
Program: Protection of Classified Information'' (available at
<a href="https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodm/520001m_vol3.pdf">https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodm/520001m_vol3.pdf</a>).
(f) DoD Directive 5500.07, ``Standards of Conduct'' (available
at <a href="https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/550007p.pdf">https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/550007p.pdf</a>).
(g) Manual for Courts-Martial United States (2019 Edition)
(available at <a href="https://jsc.defense.gov/Portals/99/Documents/2019%20MCM%20">https://jsc.defense.gov/Portals/99/Documents/2019%20MCM%20</a>(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 <a href="https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/101515p.pdf">https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/101515p.pdf</a>).
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]
BILLING CODE 6001-FR-P
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