Rule2026-11505
DoD Assistance to Non-Government, Entertainment-Oriented Media Productions
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
June 9, 2026
Effective
July 9, 2026
Issuing agencies
Defense Department
Abstract
DoD is finalizing 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 final 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 certification process and includes two updated sample Production Assistance Agreements (PAA) implementing section 1257 provisions.
Full Text
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<title>Federal Register, Volume 91 Issue 110 (Tuesday, June 9, 2026)</title>
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[Federal Register Volume 91, Number 110 (Tuesday, June 9, 2026)]
[Rules and Regulations]
[Pages 34773-34781]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11505]
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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
(ATSD(PA)), Department of Defense (DoD).
ACTION: Final rule.
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SUMMARY: DoD is finalizing 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 final 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 certification process and includes two updated sample Production
Assistance Agreements (PAA) implementing section 1257 provisions.
DATES: This rule is effective on July 9, 2026.
FOR FURTHER INFORMATION CONTACT: Glen Roberts, (703) 697-6005, or Kyle
Combs, (703) 695-6290.
SUPPLEMENTARY INFORMATION:
I. Discussion of Comments and Changes
A proposed rule was published in the Federal Register (89 FR 57810-
57819) on July 16, 2024, for a 60-day public comment period. A total of
5 comments were received.
All comments received were generally supportive of the updates to
the rule to prohibit DoD from assisting entertainment projects that
comply with or are likely to comply with a censorship demand from the
CCP or PRC to advance the national interest of the PRC. Two commenters
provided additional recommendations to further specify the types of
projects supported or to express concerns regarding content
restrictions. These two comments and DoD's responses are discussed
below.
One commenter recommended expanding the definition of entertainment
to include non-fiction stories. This commenter also recommended
considering featuring real scenarios to increase impact and
authenticity, increasing content about cyber warfare specialties,
promoting true stories of military professionals to aid recruitment,
and allocating extra funding for program investigating human rights
violations by the CCP or PRC. After review, DoD determined no
additional substantive changes were required to the rule. The rule
currently allows for support for non-fiction stories or documentaries.
The rule also requires that DoD assistance to entertainment projects
benefit DoD or be in the best interest of the Nation based on whether
the project provides 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. Additionally, DoD does not allocate
funds for assistance to entertainment projects. Assistance to a project
is provided at no additional cost to DoD and on a reimbursable basis if
applicable.
Another commenter asked for clarification of the standards and the
criteria the DoD will use to determine the likelihood that an
entertainment project will comply with a censorship demand from the CCP
or PRC. The commenter expressed concern that the proposed rule would
give the DoD too much discretion to create a content-based restriction
to deter any project that depicts China favorably, which could
contribute to anti-Chinese racism. The commenter recommended that
instead of reviewing the script before a censorship demand is made, the
DoD could simply require the production company to promise not to
comply with a demand from the PRC or CCP, and if the production company
breaches the contract by complying with a demand to censor its project,
it would then be liable to refund whatever assistance the DoD provided
the production company. After review, DoD determined that no additional
substantive changes were necessary because project consideration is
conditioned upon multiple requirements. These include the production
company's certification that the project has not complied and is not
likely to comply with a demand from the CCP or PRC to censor the
project's content in a material manner to advance the national interest
of the PRC. In addition, however, the project must
[[Page 34774]]
meet other previously noted criteria of benefiting DoD or being in the
best interest of the Nation based on reasonably realistic depictions of
the military and DoD, contributing to public understanding of the
military and DoD, or potentially benefiting recruitment and retention
programs.
II. Legal Authority and Background
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 <a href="https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/541016p.pdf">https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/541016p.pdf</a> ).
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 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 final 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, the entertainment media
institution or individual producer, in addition to meeting DoD's other
criteria for support, previously published in the last rule update and
addressed above, must certify that the project has not complied and is
not 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 rule.
Based on section 1257, this final rule will now require production
companies seeking DoD assistance to make requests using the DD Form
3205. This final rule also updates the PAA samples to reflect the
requirements imposed by section 1257.
III. Impact of This Regulation
To ensure consistency of approach among DoD and its 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
<a href="https://www.whitehouse.gov/wp-content/uploads/2025/08/a11.pdf">https://www.whitehouse.gov/wp-content/uploads/2025/08/a11.pdf</a>), 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 considered likely to
contribute to public understanding of the Military Services and DoD, or
may benefit Military Service 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 submits one request for support,
requiring an estimated 45 minutes with an estimated cost per request of
$30.10, based on a median hourly wage of $40.13 for a producer. (See
data from 2024 Bureau of Labor Statistics at <a href="https://www.bls.gov/ooh/entertainment-and-sports/producers-and-directors.htm">https://www.bls.gov/ooh/entertainment-and-sports/producers-and-directors.htm</a>). Therefore, total
non-Government cost of requesting support is estimated to be $5,869.50.
The cost to the Federal Government to review requests is estimated to
be $37.12 per response (requiring 45 minutes per response) based on the
2025 hourly rate of $49.50 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 $7,424.
With the enactment of section 1257 of the NDAA for Fiscal Year
2023, 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 also finalizing 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 $5,869.50, and the total cost to the Federal Government
for reviewing requests for support is estimated to be $7,238.
DoD believes the amendment will most likely affect requests for
assistance to feature film projects with larger budgets that may wish
to have the option of distributing a project 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: <a href="https://www.cnn.com/2022/07/08/media/hollywood-china-censors-box-office-intl-hnk/index.html">https://www.cnn.com/2022/07/08/media/hollywood-china-censors-box-office-intl-hnk/index.html</a>). If producers and
production companies seeking DoD
[[Page 34775]]
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. This rule
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 rule does not apply to projects not supported
by DoD.
IV. Regulatory Compliance Analysis
A. Executive Order 12866, ``Regulatory Planning and Review,'' Executive
Order 13563, ``Improving Regulation and Regulatory Review,'' and
Executive Order 14192, ``Unleashing Prosperity Through Deregulation''
Executive Orders 12866 and 13563 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This final rule has been designated not significant under
section 3(f)(1) of Executive Order 12866. Therefore, the requirements
of Executive Order 14192 do not apply.
B. Congressional Review Act (5 U.S.C. 801 et seq.)
The Congressional Review Act, 5 U.S.C. 801, et seq., as amended by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each house of the Congress and to the Comptroller
General of the United States. DoD will submit a report containing this
rule and other required information to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States.
This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2)
C. Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)
The ATSD(PA) certified that this rule is not subject to the
Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if
promulgated, have a significant economic impact on a substantial number
of small entities. The entities most impacted by this final 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 final rule.
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 final
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. 3501 et
seq.)
Section 238.6 of this rule contains information collection
requirements. As required by the Paperwork Reduction Act (PRA) and as
part of the proposed rule, DoD requested comments on a new information
collection at 89 FR 57810. While DoD received comments on the rule, no
comments specific to the elements or burden of the collection
instrument were received. The OMB control number associated with this
rule is 0704-0682, DD Form 3205, Request for DoD Production Assistance.
Additional information regarding this collection of information--
including all background materials--can be found at: <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a> by using the search function to enter
either the title of the collection or the OMB Control Number.
F. Executive Order 13132, ``Federalism''
Executive Order 13132 establishes certain requirements that an
agency must meet when it promulgates a 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 final 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 final 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
final 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 amended as follows:
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 read 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.
[[Page 34776]]
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 ``<a href="http://www.dtic.mil/whs/directives/corres/pdf/550007p.pdf">http://www.dtic.mil/whs/directives/corres/pdf/550007p.pdf</a>'' and adding in its place the web address
``<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>'' in paragraph (a)(4).
0
c. Revising paragraph (b).
0
d. Removing the web address ``<a href="http://www.dtic.mil/whs/directives/corres/pdf/512205p.pdf">http://www.dtic.mil/whs/directives/corres/pdf/512205p.pdf</a>'' and adding in its place the web address
``<a href="https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/512205_dodd_2017.pdf">https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/512205_dodd_2017.pdf</a>'' 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 <a href="https://www.esd.whs.mil/Directives/forms/">https://www.esd.whs.mil/Directives/forms/</a>). 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.
(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
[[Page 34777]]
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 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, or other entertainment media companies.
[[Page 34778]]
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
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:
[[Page 34779]]
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, D.C., 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:
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.
[[Page 34780]]
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[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 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.
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.
[[Page 34781]]
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 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
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Signature and Date
Name of the DoD Representative:
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Title and Address
FOR [ENTER PRODUCTION COMPANY]
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Signature and Date
Name of Production Company Representative:
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Title and Address
Dated: June 5, 2026.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2026-11505 Filed 6-8-26; 8:45 am]
BILLING CODE 6001-FR-P
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</html>Indexed from Federal Register on June 9, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.