[Federal Register: December 19, 2005 (Volume 70, Number 242)]
[Proposed Rules]
[Page 75091-75093]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19de05-26]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 235
RIN 0790-AH86
Sale of Rental of Sexually Explicit Material on DoD Property (DoD
Instruction 4105.70)
AGENCY: Department of Defense.
ACTION: Proposed rule.
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SUMMARY: This rule proposes to revise DoD regulations to prohibit the
sale or rental of sexually explicit material on
[[Page 75092]]
property under DoD jurisdiction. It establishes responsibilities for
monitoring compliance, establishes a review board to determine whether
a material offered for sale or rental is sexually explicit as
consistent with the definition in 10 U.S.C. 2489a, and delineates
review board procedures.
DATES: Consideration will be given to all comments received on or
before February 17, 2006.
ADDRESSES: Forward comments to Deputy Under Secretary of Defense
(Military Community and Family Policy), 4000 Defense Pentagon,
Washington, DC 20301-4000.
FOR FURTHER INFORMATION CONTACT: Commander F. Stich, 703-602-4590.
SUPPLEMENTARY INFORMATION:
List of Subjects in 32 CFR Part 235
Business and industry, Concessions, Government contracts, Military
personnel.
Accordingly, title 32 of the Code of Federal Regulations is
proposed to be amended by revising Part 235 to read as follows:
PART 235--SALE OR RENTAL OR SEXUALLY EXPLICIT MATERIAL ON DOD
PROPERTY (DOD INSTRUCTION 4105.70)
Sec.
235.1 Purpose.
235.2 Applicability and scope.
235.3 Definitions.
235.4 Policy.
235.5 Responsibilities.
235.6 Procedures.
235.7 Information requirements.
Authority: 10 U.S.C. 2489a.
Sec. 235.1 Purpose.
This part:
(a) Revises 32 CFR part 235 under the authority of the Secretary of
Defense memorandum dated November 14, 1996 and the Under Secretary of
Defense (USD (P&R)) memorandum dated December 6, 1996.
(b) Implements 10 U.S.C. 2489a, consistent with DoD Directive
1330.9 \1\, by providing guidance about restrictions on the sale or
rental of sexually explicit materials on property under the
jurisdiction of the Department of Defense or by members of the Armed
Forces or DoD civilian officers or employees, acting in their official
capacities.
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\1\ Copies may be obtained at http://www.dtic.mil/whs/directives/
.
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Sec. 235.2 Applicability and scope.
This part:
(a) Applies to the Office of the Secretary of Defense, the Military
Departments, the Chairman of the Joint Chiefs of 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 Department of Defense (hereafter
referred to as the ``DoD'' Components.'').
(b) Shall not confer rights on any person.
Sec. 235.3 Definitions.
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 Department of Defense.
Commissaries, facilities operated by the Army and Air Force Exchange
Service, the Navy Exchange Service Command, the Navy Resale and Serves
Support Office, Marine Corps Exchanges, 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 may be offered for sale or rental
on property under the DoD jurisdiction, and no member of the Armed
Forces or DoD civilian officer or employee, acting in his or her
official capacity, shall offer for sale or rental any sexually explicit
material.
(b) Material shall not be deemed sexually explicit because of any
message or point of view expressed therein.
Sec. 235.5 Responsibilities.
(a) The Principal Deputy Under Secretary of Defense for Personnel
and Readiness (PDUSD (P&R)), shall:
(1) Monitor and ensure compliance with this part.
(2) Establish a Resale Activities Board of Review (the ``Board'')
and approve senior representatives from the Army and Air Force Exchange
Service, the Navy Exchange Service, and the Marine Corps Exchange
Service; and approve a senior representative from each of the Military
Departments, if designated by the Military Department concerned, to
serve as board members on the Resale Activities Board.
(3) Appoint a Chair of the Resale Activities Board of Review.
(4) Monitor the activities of the Resale Activities Board of Review
and ensure the Board discharges its responsibilities as set forth in
Sec. 235.6.
(b) The Secretaries of the Military Departments shall ensure their
respective component DoD resale activities comply with this part and
may designate a senior representative to serve on the Board.
(c) The Secretary of the Army and the Secretary of the Air Force
shall each appoint one senior representative from the Army and Air
Force Exchange Service to serve on the Board.
(d) The Secretary of the Navy shall appoint a senior representative
from the Navy Exchange Service Command and a senior representative from
the Marine Corps Exchange Service to serve on the Board.
Sec. 235.6 Procedures.
(a) The Board shall have the authority and responsibility
periodically to review material offered or to be offered for sale or
rental on property under DoD jurisdiction, and to determine whether any
such material is sexually explicit in accordance with this part.
(b) If the Board determines that any material offered for sale or
rental on property under DoD jurisdiction is sexually explicit, such
material shall be withdrawn from all retail outlets where it is sold or
rented and returned to distributors or suppliers, and shall not be
purchased absent further action by the Board.
(c) The Board shall convene as necessary to determine whether any
material offered or to be offered for sale or rental on property under
DoD jurisdiction is sexually explicit. The Board members shall, to the
extent practicable, maintain and update relevant information about
material offered or to be offered for sale or rental on property under
DoD jurisdiction.
(d) If any purchasing agent or manager of a retail outlet 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 herein, and such material is not addressed by the Board's
instructions issued under paragraph (e) of this section, he or she
shall request a determination from the Board about such material prior
to purchase or as soon as possible.
(e) At the conclusion of each review and, as necessary, the Board
shall provide instructions to purchasing agents and managers of retail
outlets about the purchase, withdrawal and return of sexually explicit
material. The Board may also provide guidance to purchasing agents and
managers of
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retail outlets about material that it has determined is not sexually
explicit. Purchasing agents and managers of retail outlets shall
continue to follow their usual purchasing and stocking practices unless
instructed otherwise by the Board.
(f) material which has been determined by the Board to be sexually
explicit may be submitted 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.
Sec. 235.7 Information requirements.
The Chair, Resale Activities Board of Review, shall submit to the
PDUSD (P&R) an annual report documenting the activities, decisions, and
membership of the Board. Negative reports are required. The annual
report shall be due on October 1st of each year. The annual report
required by this part is exempt from licensing. Licensing requirements
are contained in DoD 8910.1-M.\2\
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\2\ See footnote 1 Sec. 235.1(b).
Dated: December 13, 2005.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 05-24160 Filed 12-16-05; 8:45 am]
BILLING CODE 5001-06-M