80_FR_79771 80 FR 79526 - Prohibition of the Sale or Rental of Sexually Explicit Material on DoD Property

80 FR 79526 - Prohibition of the Sale or Rental of Sexually Explicit Material on DoD Property

DEPARTMENT OF DEFENSE
Office of the Secretary

Federal Register Volume 80, Issue 245 (December 22, 2015)

Page Range79526-79528
FR Document2015-31918

This rulemaking codifies in the Code of Federal Regulations the policy for restrictions on the sale or rental of sexually explicit materials on property under the jurisdiction of the DoD, or by Service members or DoD civilian employees acting in their official capacities based on 10 U.S.C. 2495b. It also establishes the Resale Activities Review Board (referred to in this rule as the ``Board'').

Federal Register, Volume 80 Issue 245 (Tuesday, December 22, 2015)
[Federal Register Volume 80, Number 245 (Tuesday, December 22, 2015)]
[Proposed Rules]
[Pages 79526-79528]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31918]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 235

[Docket ID: DOD-2013-OS-0220]
RIN 0790-AJ15


Prohibition of the Sale or Rental of Sexually Explicit Material 
on DoD Property

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

ACTION: Proposed rule.

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

SUMMARY: This rulemaking codifies in the Code of Federal Regulations 
the policy for restrictions on the sale or rental of sexually explicit 
materials on property under the jurisdiction of the DoD, or by Service 
members or DoD civilian employees acting in their official capacities 
based on 10 U.S.C. 2495b. It also establishes the Resale Activities 
Review Board (referred to in this rule as the ``Board'').

DATES: Comments must be received by February 22, 2016.

ADDRESSES: You may submit comments, identified by docket number and/or 
RIN number and title, by any of the following methods:
     Federal Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Department of Defense, Office of the Deputy Chief 
Management Officer, Directorate of Oversight and Compliance, Regulatory 
and Audit Matters Office, 9010 Defense Pentagon, Washington, DC 20301-
9010.
    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Information Number (RIN) for this 
Federal Register document. The general policy for comments and other 
submissions from members of the public is to make these submissions 
available for public viewing on the Internet at http://www.regulations.gov as they are received without change, including any 
personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Ryan Atkins, 703-588-0619.

SUPPLEMENTARY INFORMATION: Revisions to the rulemaking will be reported 
in future status updates as part of DoD's retrospective plan under 
Executive Order 13563 completed in August 2011. DoD's full plan can be 
accessed at: http://www.regulations.gov/#!docketDetail;D=DOD-2011-OS-
0036.

Executive Summary

    10 U.S.C. 2495b prohibits the sale or rental of sexually explicit 
material on property under DoD jurisdiction. The section also requires 
DoD to establish the Resale Activities Review Board (the Board) to 
review material offered for sale or rental on property under DoD 
jurisdiction and to make recommendations to the Secretary of Defense, 
in accordance with section 2495b. Any material that is determined to be 
sexually explicit, as defined by section 2495b, is not offered and if 
materials are already on store shelves, they are removed.
    This proposed rule will cost the DoD approximately $5,500 annually 
for the life of the rule to manage the Board. It is anticipated that 
the costs will recur for the life of the proposed rule varying for 
inflation. 10 U.S.C. 2495b authorizes Board members travel expenses 
while away from their homes or regular places of business in the 
performance of services for the Board. DoD implemented section 2495b by 
issuing DoD Instruction (DoDI) 4105.70, ``Prohibition of the Sale or 
Rental of Sexually Explicit Material on DoD Property'' (the 
Instruction). This instruction is available on the Internet from the 
DoD Issuances Web site at http://www.dtic.mil/whs/directives. The 
Instruction established DoD policy that prohibits the sale or rental of 
sexually explicit material on property under DoD jurisdiction, and no 
Service member or DoD civilian employee, acting in his or her official 
capacity, will provide for sale, remuneration, or rental any sexually 
explicit material to another person. This proposed rule facilitates 
DoD's compliance with the requirements of 10 U.S.C. 2495b and fulfills 
the requisite public notification of the DoD process to implement this 
statutory requirement.

Regulatory Procedures

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

    Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distribute impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This proposed rule has been designated a ``significant 
regulatory action,'' although not economically significant, under 
section 3(f) of Executive Order 12866. Accordingly, this proposed rule 
has been reviewed by the Office of Management and Budget.

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

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) 
(Pub. L. 104-4) requires agencies assess anticipated costs and benefits 
before issuing any rule whose mandates require spending in any 1 year 
of $100 million in 1995 dollars, updated annually for inflation. In 
2014, that threshold is approximately $141 million. This proposed rule 
will not mandate any requirements for State, local, or tribal 
governments, nor will it affect private sector costs.

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

    The Department of Defense certifies that this proposed rule is not 
subject to the Regulatory Flexibility Act (5 U.S.C. 601) because it 
would not, if promulgated, have a significant economic impact on a 
substantial number of small entities. Therefore, the Regulatory 
Flexibility Act, as amended, does not require us to prepare a 
regulatory flexibility analysis.

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

    It has been certified that 32 CFR part 235 does not impose 
reporting or recordkeeping requirements under the Paperwork Reduction 
Act of 1995.

Executive Order 13132, ``Federalism''

    Executive Order 13132 establishes certain requirements that an 
agency must meet when it promulgates a proposed rule (and subsequent 
final rule) that imposes substantial direct requirement costs on State 
and local governments, preempts State law, or otherwise has Federalism 
implications. This proposed rule will not have a substantial effect on 
State and local governments.

List of Subjects in 32 CFR Part 235

    Business and industry, Concessions, Government contracts, Military 
personnel.


[[Page 79527]]


    Accordingly 32 CFR part 235 is proposed to be revised to read as 
follows:

PART 235--PROHIBITION OF THE SALE OR RENTAL OF SEXUALLY EXPLICIT 
MATERIAL ON DOD PROPERTY

Sec.
235.1 Purpose.
235.2 Applicability.
235.3 Definitions.
235.4 Policy.
235.5 Responsibilities.
235.6 Resale Activities Review Board.

    Authority: 10 U.S.C. 2495b.


Sec.  235.1  Purpose.

    (a) Pursuant to 10 U.S.C. 2495b and consistent with DoD Instruction 
1330.09 ``Armed Services Exchange Policy,'' (available at http://www.dtic.mil/whs/directives/corres/pdf/133009p.pdf), this part 
establishes policy and assigns responsibilities concerning the 
prohibition on the sale or rental of sexually explicit materials:
    (1) On property under the jurisdiction of the DoD; and
    (2) By Service members or DoD civilian employees acting in their 
official capacities.
    (b) Establishes the Resale Activities Review Board (the Board) 
pursuant to 10 U.S.C. 2495b and consistent with DoD Instruction 
5105.18, ``DoD Intergovernmental and Intragovernmental Committee 
Management Program'' (available at http://www.dtic.mil/whs/directives/corres/pdf/510518p.pdf).


Sec.  235.2  Applicability.

    This part applies to the Office of the Secretary of Defense, the 
Military Departments, the Office of the Chairman of the Joint Chiefs of 
Staff and the Joint Staff, the Combatant Commands, the Office of the 
Inspector General of the Department of Defense, the Defense Agencies, 
the DoD Field Activities, and all other organizational entities within 
the DoD (referred to collectively in this part as the ``DoD 
Components'').


Sec.  235.3  Definitions.

    Unless otherwise noted, these terms and their definitions are for 
the purpose of this part.
    Dominant theme. A theme of any material that is superior in power, 
influence, and importance to all other themes in the material combined.
    Lascivious. Lewd and intended or designed to elicit a sexual 
response.
    Material. An audio recording, a film or video recording, or a 
periodical with visual depictions, produced in any medium.
    Property under the jurisdiction of the DoD. Includes commissaries, 
all facilities operated by the Army and Air Force Exchange Service, the 
Navy Exchange Service Command, the Navy Resale and Services Support 
Office, and the Marine Corps Exchange; and ship stores.
    Sexually explicit material. Material, the dominant theme of which 
is the depiction or description of nudity, including sexual or 
excretory activities or organs, in a lascivious way.


Sec.  235.4  Policy.

    It is DoD policy that:
    (a) No sexually explicit material will be offered for sale or 
rental on property under DoD jurisdiction.
    (b) No Service member or DoD civilian employee, acting in an 
official capacity, may offer for sale, remuneration, or rental sexually 
explicit material to another person.


Sec.  235.5  Responsibilities.

    (a) The Assistant Secretary of Defense for Manpower and Reserve 
Affairs (ASD(M&RA)), under the authority, direction, and control of the 
Under Secretary of Defense for Personnel and Readiness (USD(P&R)), and 
in accordance with DoD Directive 5124.02, ``Under Secretary of Defense 
for Personnel and Readiness (USD(P&R))'' (available at http://www.dtic.mil/whs/directives/corres/pdf/512402p.pdf) and DoD Directive 
5124.09, ``Assistant Secretary of Defense for Readiness and Force 
Management (ASD(R&FM))'' (available at http://www.dtic.mil/whs/directives/corres/pdf/512409p.pdf), will:
    (1) Monitor and ensure compliance with this part.
    (2) Establish the nine-member Board.
    (3) Appoint six Board members and three alternates in accordance 
with 10 U.S.C. 2495b and paragraph (a) of Sec.  235.6.
    (4) Designate one Board member to be the Chair.
    (5) Monitor the activities of the Board and ensure that the Board 
discharges its responsibilities as described in Sec.  235.6.
    (6) Review the Board's recommendations and make the final 
determination whether material is sexually explicit, as defined by 10 
U.S.C. 2495b.
    (b) Under the authority, direction, and control of the ASD(M&RA), 
the Deputy Assistant Secretary of Defense for Military Community and 
Family Policy (DASD(MC&FP)) will:
    (1) Administer the Board and provide military resale policy 
guidance.
    (2) Publicize the Board's recommendations through the Office of the 
USD(P&R) public Web site.
    (c) The General Counsel of the Department of Defense will provide 
legal advice to the Board.
    (d) The Secretaries of the Military Departments will:
    (1) Ensure that their respective Department's resale activities 
comply with this part.
    (2) Each appoint one member to the Board, in accordance with 10 
U.S.C. 2495b.
    (3) Provide nominees to the ASD(M&RA) concerning the six Board 
members and three alternates appointed by the ASD(M&RA) in accordance 
with paragraph (a) of Sec.  235.6.
    (4) Promptly notify the DASD(MC&FP) of a current or projected 
vacancy on the Board.
    (e) The Chief of the National Guard Bureau recommends to the 
ASD(M&RA) a senior noncommissioned officer for appointment to the Board 
who will represent the Senior Enlisted Advisor of the National Guard 
Bureau.


Sec.  235.6  Resale Activities Review Board.

    (a) Composition. The Board will have nine members and three 
alternates, including at least one member appointed by the ASD(M&RA) 
with experience managing or advocating for military family programs and 
who is also an eligible patron of the Defense commissary system and the 
Defense exchange system.
    (1) Board members and alternates will be representatives of the 
following:
    (i) The Senior Enlisted Advisors of the Army, the Navy, the Air 
Force, Marine Corps, and the National Guard Bureau;
    (ii) The Surgeons General of the Army, the Navy, and the Air Force;
    (iii) The military community and family programs of the Army, Navy, 
Air Force, and Marine Corps.
    (2) Board members will be senior full-time or permanent part-time 
DoD civilian employees or active duty Service members not currently 
assigned to or employed by the Army and Air Force Exchange Service, the 
Navy Exchange Service Command, or the Marine Corps Exchange Service.
    (3) The ASD(M&RA) will appoint one member to be Chair for a 2-year 
term; the Chair will rotate among the Military Departments.
    (4) A vacancy on the Board will be filled in the same manner as the 
original appointment.
    (b) Authorities. (1) The Board has the authority and responsibility 
to review material offered or to be offered for sale or rental on 
property under DoD jurisdiction and to recommend to the ASD(M&RA) 
whether any such material is sexually explicit as defined in 10 U.S.C. 
2495b.

[[Page 79528]]

    (2) If the ASD(M&RA) determines that any material offered for sale 
or rental on property under DoD jurisdiction is sexually explicit, such 
material must be withdrawn from all retail outlets where it is sold or 
rented and returned to distributors or suppliers. Any material that is 
determined to be sexually explicit will not be offered for sale or 
rental on property under DoD jurisdiction unless the Board reconsiders 
the material under paragraph (c)(4) of this section, and the ASD(M&RA) 
decides that the material is not sexually explicit.
    (c) Procedures. (1) The Board will convene at least once a year, 
and additionally as necessary, to review and make recommendations to 
the ASD(M&RA) concerning whether any material offered or to be offered 
for sale or rental on property under DoD jurisdiction is sexually 
explicit as defined in 10 U.S.C. 2495b. The Board will, to the extent 
practicable, maintain and update relevant information about Board 
recommendations.
    (2) At the conclusion of the Board's review and the ASD(M&RA) 
determination, the ASD(M&RA) will issue guidance to the Military 
Departments for exchange service headquarters, purchasing agents, and 
managers of retail outlets about the purchase, withdrawal, and return 
of sexually explicit material. The ASD(M&RA) may also provide guidance 
to the Military Departments for exchange service headquarters, 
purchasing agents, and managers of retail outlets about material that 
he or she has determined is not sexually explicit. Purchasing agents 
and managers of retail outlets will continue to follow their usual 
purchasing and stocking practices unless instructed otherwise by the 
ASD(M&RA).
    (3) Any purchasing agent or manager of a retail outlet must request 
in writing a review from the Board and ASD(M&RA) determination about 
questionable material either before purchase or as soon as possible if:
    (i) He or she has reason to believe that material offered or to be 
offered for sale or rental on property under DoD jurisdiction may be 
sexually explicit as defined in 10 U.S.C. 2495b.
    (ii) Such material is not addressed by the ASD(M&RA)'s guidance 
issued in paragraph (c)(2) of this section.
    (4) Material determined to be sexually explicit by the ASD(M&RA) 
may be submitted to the Board for reconsideration every 5 years. If 
substantive changes in the publication standards occur earlier, the 
purchasing agent or manager of a retail outlet under DoD jurisdiction 
may request a review.
    (5) The Board will establish procedures for the exchange services 
to provide material for the Board to review.

    Dated: December 15, 2015.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2015-31918 Filed 12-21-15; 8:45 am]
BILLING CODE 5001-06-P



                                                 79526                Federal Register / Vol. 80, No. 245 / Tuesday, December 22, 2015 / Proposed Rules

                                                   Issued on: December 10, 2015.                         future status updates as part of DoD’s                environmental, public health and safety
                                                 Gregory G. Nadeau,                                      retrospective plan under Executive                    effects, distribute impacts, and equity).
                                                 Administrator, Federal Highway                          Order 13563 completed in August 2011.                 Executive Order 13563 emphasizes the
                                                 Administration.                                         DoD’s full plan can be accessed at:                   importance of quantifying both costs
                                                 [FR Doc. 2015–32107 Filed 12–21–15; 8:45 am]            http://www.regulations.gov/#!docket                   and benefits, of reducing costs, of
                                                 BILLING CODE 4910–22–P                                  Detail;D=DOD-2011-OS-0036.                            harmonizing rules, and of promoting
                                                                                                                                                               flexibility. This proposed rule has been
                                                                                                         Executive Summary
                                                                                                                                                               designated a ‘‘significant regulatory
                                                 DEPARTMENT OF DEFENSE                                      10 U.S.C. 2495b prohibits the sale or              action,’’ although not economically
                                                                                                         rental of sexually explicit material on               significant, under section 3(f) of
                                                 Office of the Secretary                                 property under DoD jurisdiction. The                  Executive Order 12866. Accordingly,
                                                                                                         section also requires DoD to establish                this proposed rule has been reviewed by
                                                 32 CFR Part 235                                         the Resale Activities Review Board (the               the Office of Management and Budget.
                                                                                                         Board) to review material offered for
                                                 [Docket ID: DOD–2013–OS–0220]                           sale or rental on property under DoD                  Sec. 202, Public Law 104–4, ‘‘Unfunded
                                                                                                         jurisdiction and to make                              Mandates Reform Act’’
                                                 RIN 0790–AJ15
                                                                                                         recommendations to the Secretary of                      Section 202 of the Unfunded
                                                 Prohibition of the Sale or Rental of                    Defense, in accordance with section                   Mandates Reform Act of 1995 (UMRA)
                                                 Sexually Explicit Material on DoD                       2495b. Any material that is determined                (Pub. L. 104–4) requires agencies assess
                                                 Property                                                to be sexually explicit, as defined by                anticipated costs and benefits before
                                                                                                         section 2495b, is not offered and if                  issuing any rule whose mandates
                                                 AGENCY:  Under Secretary of Defense for
                                                                                                         materials are already on store shelves,               require spending in any 1 year of $100
                                                 Personnel and Readiness, DoD.
                                                                                                         they are removed.                                     million in 1995 dollars, updated
                                                 ACTION: Proposed rule.                                     This proposed rule will cost the DoD               annually for inflation. In 2014, that
                                                 SUMMARY:    This rulemaking codifies in                 approximately $5,500 annually for the                 threshold is approximately $141
                                                 the Code of Federal Regulations the                     life of the rule to manage the Board. It              million. This proposed rule will not
                                                 policy for restrictions on the sale or                  is anticipated that the costs will recur              mandate any requirements for State,
                                                 rental of sexually explicit materials on                for the life of the proposed rule varying             local, or tribal governments, nor will it
                                                 property under the jurisdiction of the                  for inflation. 10 U.S.C. 2495b authorizes             affect private sector costs.
                                                 DoD, or by Service members or DoD                       Board members travel expenses while
                                                                                                         away from their homes or regular places               Public Law 96–354, ‘‘Regulatory
                                                 civilian employees acting in their
                                                                                                         of business in the performance of                     Flexibility Act’’ (5 U.S.C. 601)
                                                 official capacities based on 10 U.S.C.
                                                 2495b. It also establishes the Resale                   services for the Board. DoD
                                                                                                         implemented section 2495b by issuing                    The Department of Defense certifies
                                                 Activities Review Board (referred to in                                                                       that this proposed rule is not subject to
                                                 this rule as the ‘‘Board’’).                            DoD Instruction (DoDI) 4105.70,
                                                                                                         ‘‘Prohibition of the Sale or Rental of                the Regulatory Flexibility Act (5 U.S.C.
                                                 DATES: Comments must be received by                     Sexually Explicit Material on DoD                     601) because it would not, if
                                                 February 22, 2016.                                      Property’’ (the Instruction). This                    promulgated, have a significant
                                                 ADDRESSES: You may submit comments,                     instruction is available on the Internet              economic impact on a substantial
                                                 identified by docket number and/or RIN                  from the DoD Issuances Web site at                    number of small entities. Therefore, the
                                                 number and title, by any of the                         http://www.dtic.mil/whs/directives. The               Regulatory Flexibility Act, as amended,
                                                 following methods:                                      Instruction established DoD policy that               does not require us to prepare a
                                                    • Federal Rulemaking Portal: http://                 prohibits the sale or rental of sexually              regulatory flexibility analysis.
                                                 www.regulations.gov. Follow the                         explicit material on property under DoD               Public Law 96–511, ‘‘Paperwork
                                                 instructions for submitting comments.                   jurisdiction, and no Service member or                Reduction Act’’ (44 U.S.C. Chapter 35)
                                                    • Mail: Department of Defense, Office                DoD civilian employee, acting in his or
                                                 of the Deputy Chief Management                          her official capacity, will provide for                 It has been certified that 32 CFR part
                                                 Officer, Directorate of Oversight and                   sale, remuneration, or rental any                     235 does not impose reporting or
                                                 Compliance, Regulatory and Audit                        sexually explicit material to another                 recordkeeping requirements under the
                                                 Matters Office, 9010 Defense Pentagon,                  person. This proposed rule facilitates                Paperwork Reduction Act of 1995.
                                                 Washington, DC 20301–9010.                              DoD’s compliance with the
                                                    Instructions: All submissions received                                                                     Executive Order 13132, ‘‘Federalism’’
                                                                                                         requirements of 10 U.S.C. 2495b and
                                                 must include the agency name and                        fulfills the requisite public notification              Executive Order 13132 establishes
                                                 docket number or Regulatory                             of the DoD process to implement this                  certain requirements that an agency
                                                 Information Number (RIN) for this                       statutory requirement.                                must meet when it promulgates a
                                                 Federal Register document. The general                                                                        proposed rule (and subsequent final
                                                 policy for comments and other                           Regulatory Procedures
                                                                                                                                                               rule) that imposes substantial direct
                                                 submissions from members of the public                  Executive Order 12866, ‘‘Regulatory                   requirement costs on State and local
                                                 is to make these submissions available                  Planning and Review’’ and Executive                   governments, preempts State law, or
                                                 for public viewing on the Internet at                   Order 13563, ‘‘Improving Regulation                   otherwise has Federalism implications.
                                                 http://www.regulations.gov as they are
rmajette on DSK2TPTVN1PROD with PROPOSALS




                                                                                                         and Regulatory Review’’                               This proposed rule will not have a
                                                 received without change, including any                                                                        substantial effect on State and local
                                                 personal identifiers or contact                            Executive Orders 13563 and 12866
                                                                                                         direct agencies to assess all costs and               governments.
                                                 information.
                                                                                                         benefits of available regulatory                      List of Subjects in 32 CFR Part 235
                                                 FOR FURTHER INFORMATION CONTACT:                        alternatives and, if regulation is
                                                 Ryan Atkins, 703–588–0619.                              necessary, to select regulatory                         Business and industry, Concessions,
                                                 SUPPLEMENTARY INFORMATION:    Revisions                 approaches that maximize net benefits                 Government contracts, Military
                                                 to the rulemaking will be reported in                   (including potential economic,                        personnel.


                                            VerDate Sep<11>2014   15:12 Dec 21, 2015   Jkt 238001   PO 00000   Frm 00040   Fmt 4702   Sfmt 4702   E:\FR\FM\22DEP1.SGM   22DEP1


                                                                       Federal Register / Vol. 80, No. 245 / Tuesday, December 22, 2015 / Proposed Rules                                            79527

                                                   Accordingly 32 CFR part 235 is                          Property under the jurisdiction of the                 (c) The General Counsel of the
                                                 proposed to be revised to read as                       DoD. Includes commissaries, all                       Department of Defense will provide
                                                 follows:                                                facilities operated by the Army and Air               legal advice to the Board.
                                                                                                         Force Exchange Service, the Navy                         (d) The Secretaries of the Military
                                                 PART 235—PROHIBITION OF THE                             Exchange Service Command, the Navy                    Departments will:
                                                 SALE OR RENTAL OF SEXUALLY                              Resale and Services Support Office, and                  (1) Ensure that their respective
                                                 EXPLICIT MATERIAL ON DOD                                the Marine Corps Exchange; and ship                   Department’s resale activities comply
                                                 PROPERTY                                                stores.                                               with this part.
                                                                                                           Sexually explicit material. Material,                  (2) Each appoint one member to the
                                                 Sec.
                                                                                                         the dominant theme of which is the                    Board, in accordance with 10 U.S.C.
                                                 235.1     Purpose.
                                                 235.2     Applicability.                                depiction or description of nudity,                   2495b.
                                                 235.3     Definitions.                                  including sexual or excretory activities                 (3) Provide nominees to the
                                                 235.4     Policy.                                       or organs, in a lascivious way.                       ASD(M&RA) concerning the six Board
                                                 235.5     Responsibilities.                                                                                   members and three alternates appointed
                                                                                                         § 235.4   Policy.
                                                 235.6     Resale Activities Review Board.                                                                     by the ASD(M&RA) in accordance with
                                                                                                           It is DoD policy that:                              paragraph (a) of § 235.6.
                                                    Authority: 10 U.S.C. 2495b.                            (a) No sexually explicit material will                 (4) Promptly notify the
                                                 § 235.1    Purpose.                                     be offered for sale or rental on property             DASD(MC&FP) of a current or projected
                                                                                                         under DoD jurisdiction.                               vacancy on the Board.
                                                    (a) Pursuant to 10 U.S.C. 2495b and
                                                                                                           (b) No Service member or DoD                           (e) The Chief of the National Guard
                                                 consistent with DoD Instruction 1330.09
                                                                                                         civilian employee, acting in an official              Bureau recommends to the ASD(M&RA)
                                                 ‘‘Armed Services Exchange Policy,’’                     capacity, may offer for sale,
                                                 (available at http://www.dtic.mil/whs/                                                                        a senior noncommissioned officer for
                                                                                                         remuneration, or rental sexually explicit
                                                 directives/corres/pdf/133009p.pdf), this                                                                      appointment to the Board who will
                                                                                                         material to another person.
                                                 part establishes policy and assigns                                                                           represent the Senior Enlisted Advisor of
                                                 responsibilities concerning the                         § 235.5   Responsibilities.                           the National Guard Bureau.
                                                 prohibition on the sale or rental of                       (a) The Assistant Secretary of Defense             § 235.6    Resale Activities Review Board.
                                                 sexually explicit materials:                            for Manpower and Reserve Affairs
                                                    (1) On property under the jurisdiction                                                                        (a) Composition. The Board will have
                                                                                                         (ASD(M&RA)), under the authority,
                                                 of the DoD; and                                         direction, and control of the Under                   nine members and three alternates,
                                                    (2) By Service members or DoD                        Secretary of Defense for Personnel and                including at least one member
                                                 civilian employees acting in their                      Readiness (USD(P&R)), and in                          appointed by the ASD(M&RA) with
                                                 official capacities.                                    accordance with DoD Directive 5124.02,                experience managing or advocating for
                                                    (b) Establishes the Resale Activities                ‘‘Under Secretary of Defense for                      military family programs and who is
                                                 Review Board (the Board) pursuant to                    Personnel and Readiness (USD(P&R))’’                  also an eligible patron of the Defense
                                                 10 U.S.C. 2495b and consistent with                     (available at http://www.dtic.mil/whs/                commissary system and the Defense
                                                 DoD Instruction 5105.18, ‘‘DoD                          directives/corres/pdf/512402p.pdf) and                exchange system.
                                                 Intergovernmental and                                   DoD Directive 5124.09, ‘‘Assistant                       (1) Board members and alternates will
                                                 Intragovernmental Committee                             Secretary of Defense for Readiness and                be representatives of the following:
                                                 Management Program’’ (available at                                                                               (i) The Senior Enlisted Advisors of the
                                                                                                         Force Management (ASD(R&FM))’’
                                                 http://www.dtic.mil/whs/directives/                                                                           Army, the Navy, the Air Force, Marine
                                                                                                         (available at http://www.dtic.mil/whs/
                                                 corres/pdf/510518p.pdf).                                                                                      Corps, and the National Guard Bureau;
                                                                                                         directives/corres/pdf/512409p.pdf),
                                                                                                                                                                  (ii) The Surgeons General of the
                                                                                                         will:
                                                 § 235.2    Applicability.
                                                                                                            (1) Monitor and ensure compliance                  Army, the Navy, and the Air Force;
                                                    This part applies to the Office of the                                                                        (iii) The military community and
                                                                                                         with this part.
                                                 Secretary of Defense, the Military                         (2) Establish the nine-member Board.               family programs of the Army, Navy, Air
                                                 Departments, the Office of the Chairman                    (3) Appoint six Board members and                  Force, and Marine Corps.
                                                 of the Joint Chiefs of Staff and the Joint              three alternates in accordance with 10                   (2) Board members will be senior full-
                                                 Staff, the Combatant Commands, the                      U.S.C. 2495b and paragraph (a) of                     time or permanent part-time DoD
                                                 Office of the Inspector General of the                  § 235.6.                                              civilian employees or active duty
                                                 Department of Defense, the Defense                         (4) Designate one Board member to be               Service members not currently assigned
                                                 Agencies, the DoD Field Activities, and                 the Chair.                                            to or employed by the Army and Air
                                                 all other organizational entities within                   (5) Monitor the activities of the Board            Force Exchange Service, the Navy
                                                 the DoD (referred to collectively in this               and ensure that the Board discharges its              Exchange Service Command, or the
                                                 part as the ‘‘DoD Components’’).                        responsibilities as described in § 235.6.             Marine Corps Exchange Service.
                                                                                                            (6) Review the Board’s                                (3) The ASD(M&RA) will appoint one
                                                 § 235.3    Definitions.                                 recommendations and make the final                    member to be Chair for a 2-year term;
                                                   Unless otherwise noted, these terms                   determination whether material is                     the Chair will rotate among the Military
                                                 and their definitions are for the purpose               sexually explicit, as defined by 10                   Departments.
                                                 of this part.                                           U.S.C. 2495b.                                            (4) A vacancy on the Board will be
                                                   Dominant theme. A theme of any                           (b) Under the authority, direction, and            filled in the same manner as the original
                                                 material that is superior in power,                     control of the ASD(M&RA), the Deputy                  appointment.
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                                                 influence, and importance to all other                  Assistant Secretary of Defense for                       (b) Authorities. (1) The Board has the
                                                 themes in the material combined.                        Military Community and Family Policy                  authority and responsibility to review
                                                   Lascivious. Lewd and intended or                      (DASD(MC&FP)) will:                                   material offered or to be offered for sale
                                                 designed to elicit a sexual response.                      (1) Administer the Board and provide               or rental on property under DoD
                                                   Material. An audio recording, a film                  military resale policy guidance.                      jurisdiction and to recommend to the
                                                 or video recording, or a periodical with                   (2) Publicize the Board’s                          ASD(M&RA) whether any such material
                                                 visual depictions, produced in any                      recommendations through the Office of                 is sexually explicit as defined in 10
                                                 medium.                                                 the USD(P&R) public Web site.                         U.S.C. 2495b.


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                                                 79528                Federal Register / Vol. 80, No. 245 / Tuesday, December 22, 2015 / Proposed Rules

                                                    (2) If the ASD(M&RA) determines that                   (5) The Board will establish                           • Postal Mail, Commercial Delivery,
                                                 any material offered for sale or rental on              procedures for the exchange services to               or Hand Delivery: If you mail or deliver
                                                 property under DoD jurisdiction is                      provide material for the Board to                     your comments in response to this
                                                 sexually explicit, such material must be                review.                                               request, address them to Deborah Spitz,
                                                 withdrawn from all retail outlets where                   Dated: December 15, 2015.                           U.S. Department of Education, 400
                                                 it is sold or rented and returned to                    Aaron Siegel,                                         Maryland Avenue SW., Room 3E306,
                                                 distributors or suppliers. Any material                                                                       Washington, DC 20202.
                                                                                                         Alternate OSD Federal Register Liaison
                                                 that is determined to be sexually                       Officer, Department of Defense.                          Privacy Note: The Department’s
                                                 explicit will not be offered for sale or                                                                      policy is to make all comments received
                                                                                                         [FR Doc. 2015–31918 Filed 12–21–15; 8:45 am]
                                                 rental on property under DoD                                                                                  from members of the public available for
                                                                                                         BILLING CODE 5001–06–P
                                                 jurisdiction unless the Board                                                                                 public viewing in their entirety on the
                                                 reconsiders the material under                                                                                Federal eRulemaking Portal at
                                                 paragraph (c)(4) of this section, and the                                                                     www.regulations.gov. Therefore,
                                                 ASD(M&RA) decides that the material is                  DEPARTMENT OF EDUCATION                               commenters should be careful to
                                                 not sexually explicit.                                                                                        include in their comments only
                                                    (c) Procedures. (1) The Board will                   34 CFR Chapter II
                                                                                                                                                               information that they wish to make
                                                 convene at least once a year, and                       [Docket ID ED–2015–OESE–0130]                         publicly available.
                                                 additionally as necessary, to review and                                                                      FOR FURTHER INFORMATION CONTACT:
                                                 make recommendations to the                             Implementing Programs under Title I of
                                                                                                                                                               Deborah Spitz, U.S. Department of
                                                 ASD(M&RA) concerning whether any                        the Elementary and Secondary
                                                                                                                                                               Education, 400 Maryland Avenue SW.,
                                                 material offered or to be offered for sale              Education Act
                                                                                                                                                               Room 3E306, Washington, DC 20202.
                                                 or rental on property under DoD                         AGENCY:  Department of Education                      Telephone: (202) 260–3793 or by email:
                                                 jurisdiction is sexually explicit as                    (Department).                                         ESSA.publichearing@ed.gov.
                                                 defined in 10 U.S.C. 2495b. The Board                                                                            If you use a telecommunications
                                                                                                         ACTION: Request for information and
                                                 will, to the extent practicable, maintain                                                                     device for the deaf (TDD) or a text
                                                                                                         notice of meetings.
                                                 and update relevant information about                                                                         telephone (TTY), call the Federal Relay
                                                 Board recommendations.                                  SUMMARY:   The Secretary of Education                 Service (FRS), toll free, at 1–800–877–
                                                    (2) At the conclusion of the Board’s                 (Secretary) is soliciting advice and                  8339.
                                                 review and the ASD(M&RA)                                recommendations from interested
                                                 determination, the ASD(M&RA) will                                                                             SUPPLEMENTARY INFORMATION:
                                                                                                         parties prior to publishing proposed
                                                 issue guidance to the Military                                                                                  Background: On December 10, 2015,
                                                                                                         regulations to implement programs
                                                 Departments for exchange service                                                                              the President signed into law the ‘‘Every
                                                                                                         under title I of the Elementary and
                                                 headquarters, purchasing agents, and                                                                          Student Succeeds Act’’ (ESSA),
                                                                                                         Secondary Education Act of 1965, as
                                                 managers of retail outlets about the                                                                          amending the Elementary and
                                                                                                         amended (title I). Programs under title I
                                                 purchase, withdrawal, and return of                                                                           Secondary Education Act of 1965
                                                                                                         are designed to help disadvantaged
                                                 sexually explicit material. The                                                                               (ESEA). The ESSA reauthorizes the
                                                                                                         children meet high academic standards.
                                                 ASD(M&RA) may also provide guidance                                                                           ESEA and advances the ESEA’s legacy
                                                                                                         The Secretary invites advice and
                                                 to the Military Departments for                                                                               of equity and opportunity by, among
                                                                                                         recommendations concerning topics for
                                                 exchange service headquarters,                                                                                other things, requiring States to hold all
                                                                                                         which regulations may be helpful to
                                                 purchasing agents, and managers of                                                                            students to high academic standards
                                                                                                         assist States, school districts, and
                                                 retail outlets about material that he or                                                                      that prepare them for success in college
                                                                                                         schools to implement the new law. In
                                                 she has determined is not sexually                                                                            and careers. The ESSA also requires
                                                                                                         addition, we will convene two regional
                                                 explicit. Purchasing agents and                                                                               that, if students fall behind in meeting
                                                                                                         meetings at which interested parties
                                                 managers of retail outlets will continue                                                                      these standards, States and local
                                                                                                         may provide additional advice and
                                                 to follow their usual purchasing and                                                                          educational agencies (LEAs) implement
                                                                                                         recommendations.
                                                 stocking practices unless instructed                                                                          evidence-based interventions to help
                                                 otherwise by the ASD(M&RA).                             DATES: We must receive your written                   them and their schools improve, with a
                                                    (3) Any purchasing agent or manager                  comments on or before January 21,                     particular focus on the lowest-
                                                 of a retail outlet must request in writing              2016. The dates, times, and locations of              performing schools, high schools with
                                                 a review from the Board and                             the regional meetings are listed under                low graduation rates, and schools in
                                                 ASD(M&RA) determination about                           the SUPPLEMENTARY INFORMATION section                 which subgroups of students are
                                                 questionable material either before                     of this document.                                     underperforming.
                                                 purchase or as soon as possible if:                     ADDRESSES: Submit your comments                         The programs included in title I are
                                                    (i) He or she has reason to believe that             through the Federal eRulemaking Portal                designed to help disadvantaged children
                                                 material offered or to be offered for sale              or via postal mail, commercial delivery,              meet high academic standards. These
                                                 or rental on property under DoD                         or hand delivery. We will not accept                  programs include: Improving Basic
                                                 jurisdiction may be sexually explicit as                comments by fax or email. To ensure                   Programs Operated by State and Local
                                                 defined in 10 U.S.C. 2495b.                             that we do not receive duplicate copies,              Educational Agencies (part A); State
                                                    (ii) Such material is not addressed by               please submit your comments only                      Assessment Grants (part B); Education
                                                 the ASD(M&RA)’s guidance issued in                      once. In addition, please include the                 of Migratory Children (part C);
                                                 paragraph (c)(2) of this section.                       Docket ID at the top of your comments.                Prevention and Intervention Programs
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                                                    (4) Material determined to be sexually                  • Federal eRulemaking Portal: Go to                for Children and Youth who are
                                                 explicit by the ASD(M&RA) may be                        www.regulations.gov to submit your                    Neglected, Delinquent, or At-Risk (part
                                                 submitted to the Board for                              comments electronically. Information                  D); and Flexibility for Equitable Per-
                                                 reconsideration every 5 years. If                       on using Regulations.gov, including                   Pupil Funding (part E).
                                                 substantive changes in the publication                  instructions for accessing agency                       The ESSA maintained a number of
                                                 standards occur earlier, the purchasing                 documents, submitting comments, and                   requirements for, and made a number of
                                                 agent or manager of a retail outlet under               viewing the docket is available on the                significant changes to, the title I
                                                 DoD jurisdiction may request a review.                  site under the ‘‘Help’’ tab.                          programs, including the following:


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Document Created: 2015-12-22 02:31:15
Document Modified: 2015-12-22 02:31:15
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received by February 22, 2016.
ContactRyan Atkins, 703-588-0619.
FR Citation80 FR 79526 
RIN Number0790-AJ15
CFR AssociatedBusiness and Industry; Concessions; Government Contracts and Military Personnel

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