Board's instructions issued under paragraph (e) of this section, he or she shall request a determination from the Board about such material.

(e) At the conclusion of its initial review under paragraph (a) of this section, and, thereafter, from time to time as necessary, the Board shall provide instructions to purchasing agents and managers of retail outlets about the withdrawal and return of sexually explicit material. The Board may also provide instructions to purchasing agents and managers of 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.

$237a.2 Applicability.

The provisions of this part apply to all components of the DoD.

§ 237a.3 Objective and policy.

(a) It is important that American industry-particularly defense contractors-understand the plans, programs, and activities of the DoD. Such understanding can be achieved by (1) wide dissemination of information to the business community, consistent with national security, and (2) cooperation with industry in public relations activities which are not contrary to the national or DoD interests.

(b) As outlined in part 237 of this subchapter, DoD components shall cooperate with industry at local and regional levels. However, they will notify the Assistant Secretary of Defense (Public Affairs) (ASD(PA)) promptly of any local or regional activity which has the potential of being escalated, or which has been escalated by unforeseen circumstances, to national or international interest.

§ 237a.4 Procedures.

ness

(a) Defense Industry Bulletin. The bulletin, authorized by part 237 of this subchapter to apprise defense contractors, trade associations and other busiorganizations of DoD policies, plans, programs, and procedures which have an impact on business or industry, achieve widespread awareness and understanding of DoD policies, plans, programs, and procedures governing research, development and production, and the procurement of goods and services, and serve as a guide to and stimulate ideas throughout the industrial community concerning solutions of problems arising in fulfillment of DoD requirements, will be published and distributed by the Directorate for Community Relations, OASD(PA).

(1) DoD components may submit any of the items listed below to the Editor, Defense Industry Bulletin, OASD(PA), by the 20th day of each month. If no significant information exists, a negative report will be submitted.

(i) Articles, preferably by-lined, with supporting photographs or illustrations. (Suggested length is 2,000-2,500 words, but may be shorter or longer as coverage of subject requires.)

(ii) Material covering subjects that are timely and of particular interest to those organizations oriented toward defense contracting, including, but not necessarily limited to:

(a) Research and development; (b) Procurement;

(c) Contract management; (d) Small business opportunity; (e) DoD policies affecting industry; (Management improvement programs, such as Zero Defects;

(g) Programs successfully conducted by industry and the DoD working together;

(h) Explanations of new DoD issuances affecting industry; and

(i) Major organizational changes. (iii) Key personnel appointment and reassignment announcements, for the "About People" section.

(iv) New or revised official directives, instructions, regulations, and other publications, for the "Bibliography” section.

(v) Scheduled technical meetings and symposia sponsored by DoD organizations, projected at least forty-five (45) days, for the "Meeting and Symposia" section.

(vi) Announcements of meetings, conferences, briefings, demonstrations, exercises, etc., projected at least fortyfive (45) days, for the "Calendar of Events."

(2) Each DoD component will designate one action officer and one alternate to assist the Directorate for Community Relations, OASD(PA), in carrying out responsibilities defined in paragraph (a)(1) of this section.

(b) Participation in special events- (1) Industry-sponsored events. (i) DoD components are encouraged to cooperate with and assist industry in activities and events beneficial to the Government, provided such cooperation and assistance is not in conflict with the provisions of part 40 of this chapter which authorizes participation in:

(a) Luncheons, dinners and similar gatherings when the host is an industrial, technical, or professional association, not an individual defense contractor or other commercial firm;

(b) Public ceremonies of mutual interest to industry, local committees, and the DoD (examples-ship launchings, rollouts, and first flights);

(c) Industrial programs which are in support of Government policy (example-international exhibits which offer the opportunity to promote U.S. scientific and technical leadership); and

(d) Civic and community projects in which industry relationship is remote from the purpose and tenor of the event (example-Armed Forces Day event sponsored by an individual firm).

(ii) Participation in events which benefit a particular firm (examples— open houses and ceremonies dedicating new facilities) will be limited, normally, to speaker participation (see part 238 of this subchapter).

(2) DoD-sponsored events. Generally, DoD public affairs programs will be performed within authorized resources. Contractor participation in DoD-sponsored events involving a firm's product or service may be authorized, provided such participation is in the Government's interest.

(3) Jointly sponsored events. Joint DoD-industry sponsorship may be desirable in certain instances (examples-seminars, conferences, and symposia). Industry assistance is normally provided by a trade, technical, or professional association. Requirements for clearance of DoD official information prepared for disclosure (see part 159 of this chapter and DoD Directive 5230.9, "Clearance of Department of Defense Public Information") will be adhered to when applicable.

(4) General. Participation in industrial events of national and international interest must be approved by the ASD(PA) in advance. Detailed proposals, including cost estimates, will be submitted to the ASD(PA) through the headquarters of the DoD component concerned. Requests for approval involving industry participation in either DoD or DoD-industry sponsored events will specify the nature and extent of industry-furnished assistance, if any.

(c) Use of DoD insignia, themes, and products in advertising—(1) Insignia. Use of insignia is governed by part 237 of this subchapter.

1 Filed as part of the original. Copies available from U.S. Naval Publications and Forms Center, 5801 Tabor Ave., Philadelphia, Pa. 19120, Attn: Code 300.

(2) Themes and products. Requests for use of DoD themes and products in commercial advertising and other promotions will be evaluated in terms of their benefit to the DoD. A determination as to whether cooperation should be extended will be made by the ASD (PA) (except in the case of DoD component-controlled insignia), in accordance with the provisions of part 237 of this subchapter. The DoD will bear only those advertising costs authorized by section XV of the Armed Services procurement regulation in part 15 of this chapter.

(3) Filmed material. Participation in the production of motion pictures and TV programs, including filmed commercials, will be governed by provisions of DoD Instruction 5410.15,1 "Delineation of DoD Audio-Visual Public Affairs Responsibilities and Policies," and DoD Instruction 5410.16,1 "Procedures for DoD Assistance on Production of Non-Government Motion Pictures and Television Programs."

(d) Use of contractor product identification. DoD components may identify contractors in their information activities whenever the major responsibility for a product (example-an aircraft) can be clearly and fairly credited to an identifiable contractor. In these instances, DoD information releases will include both the manufacturer's name and the DoD component's designation of the product.

(e) Solicitation. (1) DoD representatives will not solicit, or authorize others to solicit, from contractors for advertising, contributions, donations, subscriptions, or other emoluments. Where there is a legitimate need for industry promotion items, such as scale models-for example in recruiting programs the headquarters of the DoD Component concerned may authorize procurement of such items as required.

(2) Defense contractors wanting to distribute items through official DoD channels should be advised to contact the headquarters of the DoD component concerned for guidance.

(f) Briefings. (1) Advanced planning briefings for industry are governed by DoD Instruction 5230.14,1 "Advanced Planning Briefings for Industry."

(2) Classified meetings are governed by DoD Directive 5200.12,1 "Security Measures, Approval and Sponsorship for Scientific and Technical Meetings Involving Disclosure of Classified Information."

(g) Visits to contractor facilities. (1) Visits to contractor facilities will be governed by the provisions of DoD Manual 5220.22-M,2 "Industrial Security Manual for Safeguarding Classified Information (Attachment to DD Form 441)."

(2) When DoD Components desire to sponsor such visits by nationally known press representatives, approval will be obtained from both the contractor and the ASD(PA).

SOURCE: 45 FR 21229, Apr. 1, 1980, unless otherwise noted.

§ 238.1 Reissuance and purpose.

This part is reissued to supplement part 237 of this title and to provide procedural guidance for the planning and conduct of community relations activities of the Armed Forces.

§ 238.2 Applicability and scope.

(a) The provisions of this part apply to the Office of the Secretary of Defense, the Military Departments (including their National Guard and Reserve Components), the Organization of the Joint Chiefs of Staff, the Unified and Specified Commands, and the Defense Agencies (hereafter referred to as "DoD Components”). (As used in this Instruction, the term "Military Services" refers to the Army, Navy, Air Force, and Marine Corps.)

(b) Its provisions encompass all DoD community relations programs regardless of name, program, or sponsorship. § 238.3

Definitions.

(a) As used herein the following definitions apply:

(1) Military installation. Any installation owned or operated by the Department of Defense or by a DoD Component such as a base, station, post, reservation, camp, depot, fort, terminal, facility, ship, school, and college.

(2) Elsewhere. Any location, other than a military installation, at or on which a community relations program may be conducted.

(3) Official Federal Government functions. Those activities in which officials of the Federal Government are involved in the performance of their official duties.

(4) Official DoD functions. Those activities (including Defense Committees, Joint Civilian Orientation Conference (JCOC), and activities held on military installations, or elsewhere when the appropriate commander certifies that suitable facilities are not available on a military installation) which are sponsored by a Military Service, have as their principal purpose the promotion of esprit de corps, and are conducted primarily for active duty personnel, dependents, and guests.

(5) Official civic functions. Those activities in which officials of State, county, or municipal governments are involved in the performance of their official duties (for example, inaugurals, dedications of public buildings and projects, the convening of legislative bodies, and ceremonies for officially invited Government visitors).

(b) Other terms used in this part are defined in §237.8 of this title, and §§ 238.10 and 238.12 of this part. § 238.4 Policy.

(a) The policy of the Secretary of Defense governing Armed Forces Community Relations programs is based on public law and executive orders and is set forth in part 237 of this title. Amplification of basic policy and supplemental guidelines for the planning and conduct of specific categories and types of community relations programs are contained in this part.

(b) The Assistant Secretary of Defense (Public Affairs) (ASD(PA)) been designated as the principal staff assistant to act for and in behalf of the Secretary of Defense in granting any exceptions to basic public affairs policy.

(1) Requests for exceptions to this policy shall be submitted to the ASD(PA) via command channels.

(2) Such requests shall contain, as a minimum:

(i) A description of the community relations program contemplated, (ii) A justification for approval of the exception, and

(iii) Appropriate recommendations. (3) Exceptions shall be granted on a case-by-case basis.

(c) Policy guidance concerning public affairs relations with business and nonGovernment organizations representing business is contained in part 237a of this title.

(d) Policy governing the use of military carriers for public affairs purposes is contained in DoD Instruction 5435.2,1 "Delegation of Authority to Approve Travel In and Use of Military Carriers for Public Affairs Purposes," April 25, 1975.

1 Copies may be obtained, if needed, from U.S. Naval Publications and Forms Center, 5801 Tabor Ave., Philadelphia, Pa., 19120, Attn: Code 301.

$238.5 Procedures.

(a) Within basic legal and policy limitations, commanders at all levels who plan or conduct a community relations program shall consider initially:

(1) The interests of the Department of Defense and the community as a whole.

(2) Pertinent operational requirements.

(3) The availability of adequate and appropriate resources.

(b) When a proposed community relations program exceeds local support capability or the scope of local public affairs responsibility, it shall be referred, via command channels, to the appropriate higher echelon. The proposal shall contain, as a minimum:

(1) A description of the program; (2) A list of support requirements; (3) A description of the anticipated scope of the program;

(4) Comments concerning expected community reactions; and

(5) Appropriate recommendations. (c) All DoD Components shall use approved DoD request formats, appended as various enclosures to this part, in processing requests by civilian sponsors for Armed Forces support of community relations programs. These formats, which may be reproduced locally, provide sufficient information to permit the approving authority to:

(1) Evaluate the appropriate degree of Armed Forces support, and

(2) Determine compliance with the requirements of this part.

(d) To ensure that a proposed community relations program conforms to the limitations imposed by public law and by policy contained in part 237 of this title, the following aspects of the program shall be evaluated (using the criteria set forth in § 238.6.)

(1) The objectives and purposes of the program ("program criteria”).

(2) The interests and objectives of the sponsor or sponsoring group ("sponsor criteria").

(3) The nature or character of the location of the program (“site criteria"). (4) The full particulars of DoD support ("support criteria").

$238.6 Guidelines.

(a) The Department of Defense authorizes and encourages support of

community relations programs when at least one of the conditions listed in each of the following criteria categories (program, sponsor, site, and support) is met:

(1) Program criteria. When the program is:

(i) Specifically authorized or directed by public law, executive order, or the Secretary of Defense.

(ii) An official Federal Government, military, or civil ceremony or function.

(iii) An event or occasion of general interest or benefit to a local, State, regional, or national community, and is available to the community.

(iv) In support of authorized recruiting or personnel procurement programs.

(v) In support of:

(A) United, federated or joint fundraising campaigns authorized by DoD Directive 5035.1,1 “Fund-Raising Within the Department of Defense, April 7, 1978;

(B) Such fund-raising appeals as the President or the Director of the Office of Personnel Management may authorize; or

(C) The Military Service Aid societies.

NOTE: DOD support for local fund-raising programs, other than those described above. is authorized only when the fund-raising program is local in nature, is of communitywide interest and benefit, and has the support of endorsement of the local united, federated, or joint campaign officials; or when, in the judgment of the local commander, support of a purely local charitable drive is part of the responsible role of the military installation in the local community. Volunteer fire department, rescue unit, or youth activity fund drives are examples of such local programs.

(vi) In support of fund-raising campaigns solely for the benefit of U.S. teams competing in the Pan American Games or the Olympic Games (see DoD Directive 1330.4,1 "Participation in Interservice National and International Sports Activities," November 14, 1968).

1 See footnote 1 to § 238.4(d).