Attachment_1-Department_of_Defense_Instruction_5120.4.pdf

Department of Defense

INSTRUCTION

NUMBER 5120.4

June 16, 1997

ASD(PA)

SUBJECT: Department of Defense Newspapers, Magazines and Civilian Enterprise Publications

References: (a) DoD Instruction 5120.4, "Department of Defense Newspapers and Civilian Enterprise Publications," June 21,1995, (hereby canceled)

(b) DoD Directive 5122.10, "American Forces Information Service (AFIS)," February 14, 1995

(c) DoD Directive 5122.11, "Stars and Stripes (S&S) Newspapers and Business Operations," October 5,

(d) through (aa), see enclosure 1

1. REISSUANCE AND PURPOSE

This Instruction reissues reference (a); implements reference (b); and implements policy, assigns responsibilities, and prescribes procedures concerning authorized DoD Appropriated Funded (APF) newspapers and magazines, and Civilian Enterprise (CE) newspapers, magazines, guides, and installation maps (hereafter referred to as DoD publications) in support of the DoD Internal Information Program.

2. APPLICABILITY

This Instruction:

2.1. Applies to the Office of the Secretary of Defense (OSD), the Military Departments, the Chairman of the Joint Chiefs of Staff, the Combatant Commands, the Defense Agencies, and the DoD Field Activities (hereafter referred to collectively as "the DoD Components"). The term "Military Services," as used herein, refers to the Army, the Navy, the Air Force, the Marine Corps, and includes the Coast Guard when operating as a Military Service in the Navy. The term Commander, as used herein, also means Heads of the DoD Components.

2.2. Does not apply to the Stars and Stripes (S&S) newspapers and business operations. S&S guidance is provided in reference (c).

3. DEFINITIONS

The terms used in this Instruction are defined in enclosure 2.

4. POLICY

It is DoD policy that:

4.1. A free flow of news and information shall be provided to all DoD personnel without censorship or news management. The calculated withholding of news unfavorable to the Department of Defense is prohibited.

4.2. News coverage and other editorial content in DoD publications shall be factual and objective. News and headlines shall be selected using the dictates of good taste. Morbid, sensational, or alarming details not essential to factual reporting shall be avoided.

4.3. DoD publications shall distinguish between fact and opinion, both of which may be part of a news story. When an opinion is expressed, the person or source shall be identified. Accuracy and balance in coverage are paramount.

4.4. DoD publications shall distinguish between editorials (command position) and commentaries (personal opinion) by clearly identifying them as such.

4.5. News content in DoD publications shall be based on releases, reports, and materials provided by the DoD Components and their subordinate levels, DoD newspaper staff members, and other Government Agencies. DoD publications shall credit sources of all material other than local, internal sources. This includes, but is not limited to, Military Department news sources, American Forces Information Service (AFIS), and command news releases.

4.6. DoD publications may contain articles of local interest to installation personnel produced outside official channels (e.g., stringers, local organizations), provided that the author's permission has been obtained, the source is credited, and they do not otherwise violate this Instruction.

DODI 5120.4, June 16, 97

4.7. DoD publications normally shall not be authorized the use of commercial news and opinion sources, such as Associated Press, United Press International, New York Times, etc., except as stated below in this subsection and the following subsection. The use of such sources is beyond the scope of the mission of command or installation publications and puts them in direct competition with commercial publications. The use of such sources may be authorized for a specific DoD newspaper by the cognizant DoD Component only when other sources of national and international news and opinion are not available.

4.8. Overseas Combatant Command newspapers published outside the United States may purchase or contract for and carry news stories, features, syndicated columns, and editorial cartoons from commercial services or sources. A balanced selection of commercial news or opinion shall appear in the same issue and same page, whenever possible, but in any case, over a reasonable time period. Selection of commercial news sources, syndicated columns, and editorial cartoons to be purchased or contracted for shall be approved by the Commander. Overseas Combatant Command newspapers, news bulletins, and news summaries authorized to carry national and world news may include coverage of U.S. political campaign news from commercial news sources. Presentation of such political campaign news shall be made on a balanced, impartial, and nonpartisan basis.

4.9. The masthead of all DoD publications shall contain the following disclaimer printed in type no smaller than 6-point: "This (DoD newspaper, guide, magazine or installation map) is an authorized publication for members of the Department of Defense. Contents of (name of the DoD newspaper/magazine/guide/installation map) are not necessarily the official views of, or endorsed by, the U.S. Government, the Department of Defense, or (the name of the publishing DoD Component)."

4.10. The masthead of DoD CE publications shall contain the following statements in addition to that contained in subsection 4.9., above:

4.10.1. "Published by (name), a private firm in no way connected with the (Department of Defense/the U.S. Army/the U.S. Navy/the U.S. Air Force/the U.S.

Marine Corps) under exclusive written contract with (DoD Component or subordinate level)."

4.10.2. "The appearance of advertising in this publication, including inserts or supplements, does not constitute endorsement by the (Department of Defense/the U.S. Army/the U.S. Navy/the U.S. Air Force/the U.S. Marine Corps), or (name of commercial publisher) of the products or services advertised."

4.10.3. "Everything advertised in this publication shall be made available for purchase, use, or patronage without regard to race, color, religion, sex, national origin, age, marital status, physical handicap, political affiliation, or any other nonmerit factor of the purchaser, user, or patron." If a violation or rejection of this equal opportunity policy by an advertiser is confirmed, the publisher shall refuse to print advertising from that source until the violation is corrected.

4.11. DoD publications shall not contain campaign news, partisan discussions, cartoons, editorials, or commentaries dealing with political campaigns, candidates, issues, or which advocate lobbying elected officials on specific issues. DoD CE publications shall not carry paid political advertisements for a candidate, party, which advocate a particular position on a political issue, or which advocate lobbying elected officials on a specific issue. This includes those advertisements advocating a position on any proposed DoD policy or policy under review.

4.12. DoD newspapers shall support the Federal Voting Assistance Program by carrying factual information about registration and voting laws, especially those on absentee voting requirements of the various States, the District of Columbia, Puerto Rico, and U.S. territories and possessions. DoD newspapers shall use voting materials provided by the Director, Federal Voting Assistance Program; the OSD; and the Military Departments. Such information is designed to encourage DoD personnel to register as voters and to exercise their right to vote as outlined in DoD Directive

1000.4 (reference (d)).

4.13. DoD publications shall comply with DoD Instruction 1100.13 (reference (e)), pertaining to polls, surveys, and straw votes.

4.13.1. The DoD Components and subordinate levels may authorize polls on matters of local interest, such as soldier of the week and favorite athlete.

4.13.2. A DoD publication shall not conduct a poll, a survey, or a straw vote relating to a political campaign or issue.

4.13.3. Opinion surveys must be in compliance with Military Service regulations.

4.14. DoD newspapers shall support officially authorized fund-raising campaigns (e.g., Combined Federal Campaign (CFC)) within the Department of Defense in accordance with DoD Directive 5035.1 (reference (f)). News coverage of the campaign will not discuss monetary goals, quotas, competition or tallies of solicitation between or among agencies. To avoid any appearance of endorsement, features and news coverage will discuss the campaign in general and not promote specific agencies within the CFC. Agencies may be mentioned routinely but must not be a main focus of features and news coverage.

4.15. DoD publications shall not:

4.15.1. Contain any material that implies that the DoD Components or their subordinate levels endorse or favor a specific commercial product, commodity, or service.

4.15.2. Subscribe, even at no cost, to a commercial or feature wire or other service whose primary purpose is the advertisement or promotion of commercial products, commodities, or services.

4.15.3. Carry any advertisement that violates or rejects DoD equal opportunity policy. (See paragraph 4.10.3., above).

4.16. All commercial advertising, including advertising supplements, shall be clearly identifiable as such. Paid advertorials and advertising supplements may be included but must be clearly labeled as advertising and readily distinguishable from editorial content.

4.17. Alteration of official photographic and video imagery will comply with DoD Directive 5040.5 (reference (g)).

4.18. Commercial sponsors of Armed Forces Professional Entertainment Program events and morale, welfare and recreation events may be mentioned routinely with other pertinent facts in news stories and announcements in DoD newspapers. (See DoD Instruction 1330.13 and DoD Directive 1015.2 (references (h) and (i)).

4.19. Book, radio, television, movie, travel, and other entertainment reviews may be carried if written objectively and if there is no implication of endorsement by the Department of Defense or any of its Components or their subordinate levels.

4.20. All printing using appropriated funds will be obtained in accordance with DoD Directive 5330.3, reference (j).

4.21. Although DoD internet web sites are normally discouraged from linking to commercial activities, the commander may authorize an installation web site to be linked to the web site carrying the authorized CE publication, in accordance with DoD Directive 5200.28 (reference (k)).

5. RESPONSIBILITIES

5.1. The Assistant Secretary of Defense for Public Affairs, consistent with DoD Directive 5122.5 (reference (l)), shall:

5.1.1. Develop policies and provide guidance on the administration of the DoD Internal Information Program.

5.1.2. Provide policy and operational direction to the Director, AFIS.

5.1.3. Monitor and evaluate overall mission effectiveness within the Department of Defense for matters under this Instruction.

5.2. The Director, American Forces Information Service, shall:

5.2.1. Develop and oversee the implementation of policies and procedures pertaining to the management, content, and publication of DoD publications encompassed by this Instruction.

5.2.2. Serve as DoD point of contact with the Joint Committee on Printing, Congress of the United States, for matters under this Instruction.

5.2.3. Serve as the DoD point of contact in the United States for Combatant Command newspaper matters.

5.2.4. Provide guidance to the Combatant Commands, Military Departments, and other DoD Components pertaining to DoD publications.

5.2.5. Monitor effectiveness of business and financial operations of DoD publications and provide business counsel and assistance, as appropriate.

5.2.6. Sponsor a DoD Interservice Newspaper Committee and a Flagship Magazine Committee composed of representatives of the Military Departments to coordinate matters on publications encompassed by this Instruction and flagship magazine matters, respectively.

5.2.7. Provide a press service for joint Service news and information for use by authorized DoD publication editors.

5.3. The Secretaries of the Military Departments shall:

5.3.1. Provide policy guidance and assistance to the Department's publications.

5.3.2. Encourage the use of CE publications when they are the most cost-effective means of fulfilling the command communication requirement.

5.3.3. Ensure that adequate resources are available to support authorized internal information publications under this Instruction.

5.3.4. Designate a member of their public affairs staff to serve on the DoD Interservice Newspaper Committee.

5.3.5. Ensure all printing obtained with appropriated funds complies with DoD Directive 5330.3 (reference (j)).

5.4. The Commanders of the Combatant Commands shall:

5.4.1. Publish Combatant Command newspapers, if authorized. In discharging this responsibility, the Commander shall ensure that policy, direction, resources, and administrative support are provided, as required, to produce a professional quality newspaper to support the command mission.

5.4.2. Ensure that the newspaper is prepared to support U.S. forces in the command area during contingencies and armed conflict.

6. PROCEDURES

6.1. General

6.1.1. National security information shall be protected in accordance with DoD Directive 5200.1 and DoD 5200.1-R (references (m) and (n)). For Official Use Only and Sensitive Unclassified Information shall be protected in accordance with DoD 5400.7-R (reference (p)) and DoD Directive 5200.28 (reference (k)).

6.1.2. Specific items of internal information of interest to DoD personnel and their family members prepared for publication in DoD publications may be made available to requesters if the information can be released as provided in DoD Directive 5400.7, DoD 5400.7-R, and DoD Directive 5230.9 (references (o), (p) and (q)).

6.1.3. Editorial policies of DoD publications shall be designed to improve the ability of DoD personnel to execute the missions of the Department of Defense.

6.1.4. DoD editors of publications covered under this Instruction shall conform to applicable policies, regulations, and laws involving the collection, processing, storage, use, publication and distribution of information by DoD Components, (e.g., libel, photographic image alteration, copyright, sexually explicit materials, classification of information, protection of sensitive information and U.S.

Government printing and postal regulations).

6.1.5. DoD publications shall comply with DoD Directive 5400.11 (reference (r)) regarding the DoD privacy program.

6.2. Establishment of DoD Newspapers

6.2.1. Commanders are authorized to establish Funded newspapers (enclosure 3) or CE newspapers (enclosure 4) when:

6.2.1.1. A valid internal information mission requirement exists.

6.2.1.1.1. Command or installation newspapers provide the

commander a primary means of communicating mission-essential information to members of the command. They provide feedback through such forums as letters to the editor columns. This alerts the commander to the emotional status and state of DoD knowledge of the command. The newspaper is used as a return conduit for command information to improve attitudes and increase knowledge.

6.2.1.1.2. News reports and feature stories on individuals and organizational elements of the command provide a crossfeed of DoD information and are designed to improve internal cooperation and mission performance. Recognition of excellence in individual or organizational performance motivates and sets forth expected norms for mission accomplishment.

6.2.1.1.3. The newspaper improves morale by quelling rumors and keeping members informed on DoD information that will affect their futures. It provides information and assistance to family members, which improve their spirits and thereby the effectiveness of their military service and/or civilian member. The newspaper encourages participation in various positive leisure-time activities to improve morale and deter alcohol abuse and other pursuits that impair their ability to perform.

6.2.1.1.4. The newspaper provides information to make command members aware of the hazards of the abuse of drugs and other substances, and of the negative impact that substance abuse has on readiness.

6.2.1.1.5. CE newspapers provide advertisements that guide

command members to outlets where they may fulfill their purchasing needs. A by-product of this commercial contact is increased installation-community communication, which enhances mutual support.

6.2.1.1.6. The newspaper increases organizational cohesiveness and effectiveness by providing a visual representation of the essence of the command itself.

6.2.1.1.7. Good journalistic practices are vital, but are not an end unto themselves. They are the primary means to enhance receptivity of command communication through the newspaper.

6.2.1.1.8. The newspaper exists to facilitate accomplishment of the command or installation mission. That is the only basis for the expenditure of DoD resources to produce them.

6.2.1.2. A newspaper is determined by the commander and the next higher level of command to be the most cost-effective means of fulfilling the command internal communication requirement.

6.2.2. The use of appropriated funds is authorized to establish a Funded newspaper if a CE newspaper is not feasible. The process of establishing a newspaper must include an investigation of the feasibility of publishing under the CE concept.

This investigation must include careful consideration of the potential for real or apparent conflict of interest. If publishing under the CE concept is determined to be feasible, commanders must ensure that they have obtained approval to establish the newspaper before authorizing their representatives to negotiate a contract with a CE publisher.

6.2.3. DoD newspapers are mission activities. The use of nonappropriated funds for any aspect of their operations is not authorized.

6.2.4. Appropriated funds shall not be used to pay any part of the commercial publisher's costs incurred in publishing a CE publication.

6.2.5. Only one DoD newspaper or magazine is authorized for each command or installation.

6.2.5.1. If a newspaper is required at an installation where more than one command or headquarters is collocated, the host commander shall be responsible for publication of one Funded or CE newspaper for all. The host command shall provide balanced and sufficient coverage of the other commands, their personnel, and activities in that locality. These commands, or headquarters, shall assist the staff of the host newspaper with coverage. If required by unusual circumstance, a commander other than the host may publish the single authorized newspaper when the majority of affected organizations concur.

6.2.5.2. This provision is not intended to prohibit the headquarters of a geographically dispersed command that receives its local coverage in the host-installation newspaper from publishing a command-wide newspaper; nor is it intended to prohibit a command that has information needs that are significantly different from the majority of the host-installation audience from publishing a separate newspaper, when authorized by the designated approving authority.

6.2.6. When, in the opinion of the Assistant Secretary of Defense for Public Affairs, or the Combatant Command Commander, a Combatant Command newspaper is needed, establishment shall be directed by the Secretary of Defense. Both appropriated and nonappropriated funds may be used in the publication of overseas Combatant Command newspapers.

6.3. Establishment of CE Guides and Installation Maps. When valid communication requirements exist, publications in this category may be established by the commander, if feasible. (See enclosure 4.) Only one CE guide and installation map is authorized for each command or installation. The requirements of paragraph 6.2.4., above, apply to CE guides and installation maps. These publications shall be approved by the next higher level. Approval authorities shall exercise care not to overburden community advertisers.

6.4. Establishment of Magazines. New magazines shall be approved by the Head of the publishing DoD Component. New magazines serving the Military Services shall be approved in accordance with Service procedures. Only one DoD magazine or newspaper is authorized for each command or installation. Magazines are normally financed through appropriated funds. When CE magazines are approved, provisions in this Instruction regarding advertising and contracting for CE publications shall apply to CE magazines. Magazines must:

6.4.1. Serve a clearly defined purpose in support of the mission of the publishing DoD Component, and the purpose must justify the cost.

6.4.2. Not duplicate equivalent magazines serving the same, or substantially the same purpose.

6.4.3. Be published and distributed efficiently and economically.

6.4.4. Be reviewed every two years by the publishing DoD Component to ensure they are in compliance with this Instruction, are mission-essential, and are economically achieving their desired objective.

6.5. Use of Trademark. The DoD Components and their subordinate levels shall trademark--State, Federal, or both-- the names of their publications, when possible.

6.6. Use of Recycled Products. The public affairs office shall, whenever possible, based on contractual agreements, use recycled paper for publications covered under this Instruction.

6.7. Mailing Requirements and Sales and Distribution of Non-DoD Publications See enclosure 5.

6.8. AFIS Print Media Directorate. See enclosure 6.

6.9. DoD Command Newspaper and Magazine Review System. See enclosure 7.

7. INFORMATION REQUIREMENTS

The biennial reporting requirement contained in this Instruction has been assigned Report Control Symbol DD-PA(BI) 1638 in accordance with DoD 8910.1-M (reference (s)).

8. EFFECTIVE DATE

This Instruction is effective immediately.

Enclosures - 7

1. References

2. Definitions

3. Funded Newspapers and Magazines

4. CE Publications

5. Mailing of DoD Newspapers, Magazines, CE Guides and Installation Maps;

Sales and Distribution of Non-DoD Publications

6. AFIS Print Media Directorate

7. DoD Command Newspaper and Magazine Review System

E1. ENCLOSURE 1

REFERENCES, continued

(d) DoD Directive 1000.4, "Federal Voting Assistance Program (FVAP)," September 4, 1996

(e) DoD Instruction 1100.13, "Surveys of Department of Defense Personnel," November 9, 1978

(f) DoD Directive 5035.1, "Fund-Raising Within the Department of Defense," August 28, 1990

(g) DoD Directive 5040.5, "Alteration of Official DoD Imagery," August 29, 1995

(h) DoD Instruction 1330.13, "Armed Forces Professional Entertainment Program

Overseas," September 8, 1985

(i) DoD Directive 1015.2, "Military Morale, Welfare, and Recreation (MWR)," June

14, 1995

(j) DoD Directive 5330.3, "Defense Printing Service (DPS)," January 7, 1993

(k) DoD Directive 5200.28, "Security Requirements for Automated Information

Systems (AIS's)," March 21, 1988

(l) DoD Directive 5122.5, "Assistant Secretary of Defense for Public Affairs

(ASD(PA))," March 29, 1996

(m) DoD Directive 5200.1, "DoD Information Security Program," June 7, 1982

(n) DoD 5200.1-R, "Information Security Program Regulation," June 1986, authorized by DoD Directive 5200.1, June 7, 1982

(o) DoD Directive 5400.7, "DoD Freedom of Information Act Program," May 13, 1988

(p) DoD 5400.7-R, "DoD Freedom of Information Act Program," October 1990, authorized by DoD Directive 5400.7, May l3, 1988

(q) DoD Directive 5230.9, "Clearance of DoD Information for Public Release," April

9, 1996

(r) DoD Directive 5400.11, "Department of Defense Privacy Program," June 9, 1982

(s) DoD 8910.1-M, "DoD Procedures for Management of Information Requirements,"

November 28, 1986, authorized by DoD Directive 8910.1, June 11, 1993

(t) DoD 5500.7-R, "Joint Ethics Regulation," August 1993, authorized by DoD

Directive 5500.7, August 30, 1993

(u) DoD Directive 1325.6, "Guidelines for Handling Dissident and Protest Activities

Among Members of the Armed Forces," October 1, 1996

(v) Section 2720 of title 25, United States Code

(w) Federal Acquisition Regulation, current edition

(x) Defense FAR Supplement, current edition

13 ENCLOSURE 1

(y) DoD Instruction 4525.7, "Military Postal Service and Related Services," April 2,

(z) DoD 4525.8-M, "DoD Official Mail Manual," July 1987, authorized by DoD Directive 4525.6, May 5, 1980

(aa) Sections 1302 and 1307 of title 18, United States Code

14 ENCLOSURE 1

E2. ENCLOSURE 2

DEFINITIONS

E2.1.1. CIVILIAN ENTERPRISE (CE) GUIDES AND INSTALLATION MAPS.

Authorized publications containing advertising that are prepared and published under contract with commercial publishers. The right to circulate the advertising in these publications to the DoD readership constitutes contractual consideration to pay for these DoD publications. The publications become the property of the command, installation, or intended recipient upon delivery in accordance with terms of the contract. Categories of these publications are:

E2.1.1.1. Guides. Publications that provide DoD personnel with information about the mission of their command; the availability of command, installation, or community services; local geography; historical background; and other information. These publications may include installation telephone directories at the discretion of the commander.

E2.1.1.2. Installation Maps. Publications designed for orientation of new arrivals or for visitors.

E2.1.2. DoD NEWSPAPERS. Authorized, unofficial publications, serving as part of the commander's internal information program, that support DoD command internal communication requirements. Usually, they are distributed weekly or monthly. DoD newspapers contain most, if not all, of the following elements to communicate with the intended DoD readership: command, Military Department, and DoD news and features; commanders' comments; letters to the editor; editorials;

commentaries; features; sports; entertainment items; morale, welfare, and recreation news and announcements; photography; line art; and installation and local community news and announcements. DoD newspapers do not necessarily reflect the official views of, or endorsement of content by, the Department of Defense.

E2.1.2.1. CE Newspapers. Newspapers published by commercial publishers under contract with the DoD Components or their subordinate commands.

The commander or public affairs office provides oversight and final approval authority for the news and editorial content of the paper. Authorized news and information sources include the Office of the Assistant Secretary of Defense for Public Affairs (OASD(PA)), AFIS, the Military Departments, their subordinate levels of command, and other Government Agencies. CE contractor personnel may provide material for

15 ENCLOSURE 2

use in the newspaper if approved by the commander or public affairs officer (PAO), as the commander's representative. These newspapers contain advertising sold by the commercial publisher on the same basis as for CE guides and installation maps and may contain supplements or inserts. They become the property of the command, installation, or intended recipient upon delivery in accordance with terms of the contract.

E2.1.2.2. Funded Newspapers. Newspapers published by the DoD Components or their subordinate commands using appropriated funds. The editorial content of these newspapers is prepared by the internal information section of the public affairs staff or other internal sources. Usually, these newspapers are printed by the Government Printing Office (GPO) or under GPO contract in accordance with Government printing regulations. DoD Directive 5330.3 (reference (j)), specifies Defense Printing Service (DPS) as the sole DoD conduit to the GPO.

E2.1.2.3. Overseas Combatant Command Newspapers. Newspapers published for overseas audiences that provide world, U.S., and regional news from commercial sources, syndicated columns, editorial cartoons, and applicable U.S.

Government, DoD, Component, and subordinate command news and information.

E2.1.2.4. News Bulletins and Summaries. Publications of deployed or isolated commands and ships compiled from national and international news and opinion obtained from authorized sources. News bulletins or summaries may be authorized by the next higher level of command when no daily English language newspapers are readily available.

E2.1.3. CE PUBLICATIONS. CE newspapers, CE magazines, CE guides and installation maps produced commercially under the CE concept.

E2.1.4. INSERTS. A flier, circular, or freestanding advertisement placed within the folds of the newspaper. No disclaimer or other labeling is required.

E2.1.5. MAGAZINES. Authorized, unofficial publications, serving as part of the commander's internal information program. They are produced and distributed periodically, usually monthly, and contain information of interest to personnel of the publishing DoD Component or organization. They usually reflect a continuing policy as to purpose, format, and content. They are normally non-directive in nature and are published to inform, motivate, and improve the performance of the personnel and organization. They may be published as funded magazines or under the CE concept.

16 ENCLOSURE 2

E2.1.6. OPTION. A unilateral right in a contract by which, for a specified time, the Government may elect to acquire additional supplies or services called for by the contract, or may elect to extend the term of the contract.

E2.1.7. PUBLICATIONS. As used in this Instruction, "publications" refers to DoD newspapers, magazines, guides and /or installation maps serving the commander's internal information program published in both paper and electronic format, including digital printing.

E2.1.8. SUPPLEMENTS. Features, advertising sections, or morale, welfare and recreation sections printed with or inserted into newspapers for distribution.

Supplements must be labeled "Supplement to the (name of newspaper)." Editorial content in supplements is subject to approval by the commander or the PAO as his or her agent.

E2.1.9. ORGANIZATIONAL TERMS

E2.1.9.1. Command. A unit or units, an organization, or an area under the command of one individual. It includes organizations headed by senior civilians that require command internal information-type media.

E2.1.9.2. DoD Components. See subsection 2.1., above, of the main body of this Instruction.

E2.1.9.3. Installation. A DoD facility or ship that serves as the base for one or more commands. Media covered by this Instruction may serve the command communication needs of one or several commands located at one installation.

E2.1.9.4. Major Command. A designated command, such as the Air Mobility Command or the Army Forces Command, that serves as the headquarters for subordinate commands or installations that have the same or related missions.

E2.1.9.5. Subordinate Levels. Lower levels of command.

17 ENCLOSURE 2

E3. ENCLOSURE 3

FUNDED NEWSPAPERS AND MAGAZINES

E3.1.1. PURPOSE. Funded newspapers and magazines support the command communication requirements of the DoD Components and their subordinate commands. Normally, printing is accomplished by a commercial printer under contract or in Government printing facilities in accordance with DoD Directive 5330.3 (reference (j)). The editorial content of these publications and distribution are accomplished by the contracting command. Overseas, Funded newspapers are authorized to be printed under contract with the S&S. Where printing by S&S is not feasible because of distance or other factors, Funded newspapers may be printed by other means. These are evaluated on a case-by-case basis with the cognizant DPS office.

E3.1.2. NAME. The name of the publication may include the name of the command or installation, or, the name of the command or installation may appear separately in the nameplate (flag). The emblem of the command or installation may be included in the nameplate, also. When possible, the DoD Components and their subordinate levels shall trademark the names of their publications, as stated in subsection 6.5., above, of the main body of this Instruction.

E3.1.3. MASTHEAD. The masthead shall include the names of the commanding officer and the PAO, the names and editorial titles of the primary staff of the publication, and the mailing address and telephone number of the editorial staff, in addition to that required in subsection 4.9., above, of the main body of this Instruction.

E3.1.4. NEWS AND EDITORIAL MATERIALS. The commander and the public affairs staff shall generate and select news, information, photographs, editorial, and other materials to be used. Authorized news and information sources include the OASD(PA), AFIS, the Military Departments, their subordinate levels of command, and other Government Agencies. Civilian community service news and announcements of benefit to personnel assigned to the command or installation and their family members may also be used. Photographic images used will be in compliance with subsection 4.17., above, of the main body of this Instruction.

E3.1.5. ASSIGNMENT OF PERSONNEL. Military and DoD civilian personnel may not be assigned to duty at the premises of the contract printer to perform any job functions that are part of the business activities or contractual responsibilities of the

18 ENCLOSURE 3

contract printer. Members of the public affairs staff who produce editorial content may work on the premises as liaison and monitor to specify and coordinate layout and other production details provided for in the command contract with the contract printer. A member of the public affairs staff shall review proof copy to prevent mistakes.

E3.1.6. FUNDING. The expense of publishing and distributing Funded newspapers and magazines is charged to appropriated funds of the publishing command.

E3.1.7. PRINTING. Printing of a Funded publication shall be handled in accordance with reference (j) in conjunction with the DoD Component's printing function with public affairs as the office of primary publishing interest. The use of color is authorized if the cognizant commander, the DoD Component's printing function and PAO determine it enhances communication.

E3.1.8. DISTRIBUTION. Funded publications may be distributed through official channels. Appropriated funds and manpower may be used for distribution of Funded publications, as required.

E3.1.9. ADVERTISING. Funded publications shall not carry commercial advertising. As a service, the Funded newspaper may carry nonpaid listings of personally owned items and services for sale by members of the command.

Noncommercial news stories and announcements concerning nonappropriated fund activities and commissaries may be published in Funded publications.

E3.1.10. EMPLOYMENT AND GRATUITIES. DoD personnel shall not accept any gratuities from or employment with any GPO-contracted printers in violation of the Joint Ethics Regulation (reference (t)). In addition, DoD personnel whose spouse or children (or other relations as described in reference (t)) are offered employment by, or work for, a GPO-contracted printer, must take appropriate action to avoid conflicts of interest under reference (t).

19 ENCLOSURE 3

E4. ENCLOSURE 4

CE PUBLICATIONS

E4.1.1. PURPOSE. CE publications consist of DoD newspapers, magazines, guides, and installation maps. They support command internal communications. The commander or PAO provides oversight and final approval authority for the news and editorial content of the publication. CE publishers sell advertising to cover costs and secure earnings, print the publications, and may make all or part of the distribution.

Periodically, CE publishers compete for contracts to publish these publications.

Neither appropriated nor nonappropriated funds shall be used to pay for any part of a CE publisher's costs incurred in publishing a CE publication.

E4.1.2. NAME. The name of the publication may include the name of the command or installation, or the name of the command or installation may appear separately in the nameplate (flag). The emblem of the command or installation may also be included in the nameplate. When possible, the DoD Components and their subordinates shall trademark the names of their publications, as stated in subsection 6.5., above, of the main body of this Instruction.

E4.1.3. MASTHEAD. The masthead shall include the following in addition to that required in subsections 4.9. and 4.10., above, of the main body of this Instruction. "The editorial content of this publication is the responsibility of the (name of command or installation) Public Affairs Office." The names of the commanding officer and PAO, the names and editorial titles of the staff assigned the duty of preparing the editorial content, and the office address and telephone number of the editorial staff shall be listed in the masthead of DoD newspapers and magazines, but is not required in CE guides and installation maps. The names of the publisher and employees of the publisher may be listed separately.

E4.1.4. NEWS AND EDITORIAL MATERIALS. The commander or the public affairs office shall provide oversight and final approval authority for news, information, photographs, editorial, and other materials to be used in a CE publication in the space allotted for that purpose by written contract with the commercial publisher. Authorized news and information sources include the OASD(PA), AFIS, the Military Departments and their subordinate levels of command, and other Government Agencies. CE contractor personnel may provide material for use in the publication if approved by the commander or PAO, as the commander's representative. Commercial news and opinion sources, such as AP, UPI, New York

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Times, etc., are not normally authorized for use in DoD publications except as stated in subsection 4.7., above, of the main body of this Instruction. Newspapers may publish community service news and announcements of the civilian community for the benefit of command or installation personnel and their families. Imagery used will be in compliance with subsection 4.17. of the main body of this Instruction.

E4.1.5. ASSIGNMENT OF PERSONNEL. Neither military nor DoD civilian personnel shall be assigned to duty at the premises of the CE publisher. Neither military nor DoD civilian personnel shall perform any job functions that are part of the business activities or contractual responsibilities of the CE publisher either at the contractor's facility or the Government facility. The PAO and staff who produce the non-advertising content of the CE publication may perform certain installation liaison functions on publisher premises including monitoring and coordinating layout and design and other publishing details set forth in the contract to ensure the effective presentation of information. One or more members of the public affairs staff shall review proof copy to prevent mistakes. Newspaper text-editing-system pagination and copy terminals owned by the CE publisher may be placed in the command or installation public affairs office under contractual agreement for use by the public affairs staff to coordinate layout and ensure that the preparation of editorial material is performed in such a way as to enhance the efficiency and effectiveness of the printing and publication functions performed by the CE publisher. All costs of these terminals shall be borne by the CE newspaper publishers who shall retain title to the equipment and full responsibility for any damage to or loss of such equipment. The relationship between the public affairs staff and employees of the CE contractor is that of Government employees working with employees of a private contractor. Supervision of CE employees; that is, the responsibility to rate performance, set rate of pay, grant vacation time, exercise discipline, assign day-to-day administrative tasks, etc., remains with the CE publisher. Any modification of the contract must be made by the responsible contracting officer. Public affairs staff members must be aware that employees of the contractor are not employees of the Government and should be treated accordingly.

E4.1.6. DISTRIBUTION OF CE PUBLICATIONS

E4.1.6.1. A Funded newspaper shall not be distributed as an insert to a CE newspaper, unless provided for in the CE contract, nor shall a CE newspaper be distributed as an insert to a Funded newspaper.

E4.1.6.2. Supplements, clearly labeled as such, and advertising inserts, may be inserted into and distributed with a CE newspaper.

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E4.1.6.3. The commercial publisher of a CE publication shall make as much of the distribution to the intended readership as possible. CE publications may be distributed through official channels.

E4.1.6.4. Except as authorized by the next higher headquarters for special situations or occasions (such as an installation open house), CE publications shall not be distributed outside the intended DoD audience and retirees, which includes family members. Electronic publication on the Internet and/or World Wide Web is not considered distribution outside the intended DoD audience. The CE publisher may provide complete copies of each specific issue of a CE publication to an advertiser whose advertisement is carried therein.

E4.1.6.5. The CE publisher of a CE newspaper will provide the appropriate number of news racks determined by the installation commander for publication distribution. CE publishers are responsible for maintenance of these racks.

E4.1.6.6. CE guides, magazines and installation maps may be delivered in bulk quantities to the appropriate installation offices to distribute these publications through official channels as necessary.

E4.1.7. RESPONSIBILITIES REGARDING ADVERTISING

E4.1.7.1. Only the CE publisher shall use the space agreed upon for advertising. While the editorial content of the publication is completely controlled by the installation, the advertising section, including its content, is the responsibility of the CE publisher. The public affairs staff, however, retains the responsibility to review advertisements before they are printed.

E4.1.7.2. Any decision by a CE publisher to accept or reject an advertisement is final. The PAO may discuss with a publisher their decision not to run an advertisement, but cannot substitute his or her judgment for that of the publisher.

E4.1.7.3. Before each issue of a CE publication is printed, the public affairs staff shall review advertisements to identify any that are contrary to law or to DoD or Military Service regulations, including this Instruction, or that may pose a danger or detriment to DoD personnel or their family members, or that interfere with the command or installation missions. It is in the command's best interest to carefully apply DoD and Service regulations and request exclusion of only those advertisements that are clearly in violation of this Instruction. If any such advertisements are identified, the public affairs office shall obtain a legal coordination of the proposed

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exclusion. After coordination, the public affairs office shall request, in writing if necessary, that the commercial publisher delete any such advertisements. If the publisher prints the issue containing the objectionable advertisement(s), the commander may prohibit distribution in accordance with DoD Directive 1325.6 (reference (u)).

E4.1.7.4. Reference (u) gives the commander authority to prohibit distribution on the installation of a CE publication containing advertising he or she determines likely to promote a situation leading to potential riots or other disturbances, or when the circulation of such advertising may present a danger to loyalty, discipline, or morale of personnel. Each commander shall determine whether particular advertisements to be placed by the publisher in a CE publication serving the command or installation may interfere with successful mission performance. Some considerations in this decision are the local situation, the content of the proposed advertisement, and the past performance of the advertiser. Before making a determination to prohibit distribution of a CE publication, the commander shall obtain a legal coordination.

E4.1.7.5. CE publications may carry paid and nonpaid advertising of the products and services of nonappropriated fund activities and commissaries, if allowed by DoD and Military Service regulations. (See DoD Directive 1015.2 (reference (i)).

E4.1.7.6. The Military Departments will coordinate a standard set of ratios of advertising-to-editorial copy for multiples of pages for run of the publication advertising in CE publications that will be included in all DoD Component regulations supplementing this Instruction. The recommended annual average is a ratio of 60/40.

Inserts and advertising supplements will not count in the total ad-to-copy ratio;

However, the commander may prohibit the distribution of supplemental advertising deemed excessive.

E4.1.7.7. Bingo games and lotteries conducted by a commercial organization whose primary business is conducting lotteries may not be advertised in CE publications. Non-lottery activities (such as dining at a restaurant or attending a musical performance) of a commercial organization whose primary business is conducting lotteries may be advertised in CE publications. Exceptions are allowed for authorized State lotteries, lotteries conducted by a not-for-profit organization or a governmental organization, or conducted as a promotional activity by a commercial organization and clearly occasional and ancillary to the primary business of that organization. An exception also pertains to any gaming conducted by an Indian tribe under 25 U.S.C. 2720 (reference (v)). See section E5.1.4. of enclosure 5., below.

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E4.1.8. CE GUIDES AND MAPS

E4.1.8.1. The name of the publication may include the name and emblem of the command or installation.

E4.1.8.2. At the discretion of the commander, an installation telephone directory may be included as a section of a CE guide. The telephone section shall be part of the guide contract specifications. Separate contracts for CE telephone directories are not authorized. Over-run printing of the telephone directory and yellow page section of the installation guide is authorized. The numbers of guides with integral telephone directories and the number of over-run copies of the telephone directory and yellow pages will be clearly specified in the single guide contract.

Required communication security information shall be printed on the first page of the telephone section and not on the cover of the guide. The cover of the guide may notify users that the publication contains the telephone directory.

E4.1.8.3. CE contracts for guides and maps shall establish firm delivery dates and shall contain provisions to ensure distribution is controlled by the command. Delivery dates may vary for guides and maps to make them more attractive to advertisers. The contract provisions shall specify delivery dates.

E4.1.9. EMPLOYMENT AND GRATUITIES. DoD personnel shall not accept any gratuities from or employment with any CE publisher in violation of the Joint Ethics Regulation (reference (t)). In addition, DoD personnel whose spouse or children (or other relations as described in reference (t)) are offered employment by, or work for, a CE publisher, must take appropriate action to avoid conflicts of interest under reference (t).

E4.1.10. CONTRACTING FOR A CE PUBLICATION

E4.1.10.1. General. The DoD Components and their subordinate commands are authorized to contract in writing for CE publications. The underlying premise of the CE concept is that the DoD Components and their subordinate commands will save money by transferring certain publishing and distribution functions to a commercial publisher selected through a competitive process. The CE publication is printed and delivered to the command, installation, or its readership in accordance with the terms of a written contract. Oral contracts are not acceptable.

The right to sell and circulate advertising to the complete readership in the CE publication provides the publisher revenue to cover costs and secure earnings. The

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command or installation guarantees first publication and distribution of locally-produced editorial content in the publication. The publication becomes the property of the command, installation, or intended reader upon delivery in accordance with terms of the contract.

E4.1.10.2. The Contracting Process. Whether a first time initiative to establish a CE publication or a recompetition of an existing CE contract, the process must start with advance planning as to the nature of the command's requirements, the contracting strategy, and the market of potential advertisers and competitors for the job. The CE contract solicitation and the contract itself must contain a statement of work that describes in legally sufficient detail the Government's requirements and the conditions and restrictions under which the contractor will perform. The cognizant contracting office for the CE contracting action shall be the contracting office that normally provides contracting support to the command for service contracts and other procurements of a general nature that are above the simplified small purchase threshold. The contracting officer shall combine the statement of work with appropriate contractual terms and conditions, using the FAR (reference (w)) and DFARS (reference (x)) as a guide, although CE contracts are not subject to references

(w) or (x), because they do not involve the expenditure of appropriated funds. The resulting solicitation and contract shall completely identify the rights and obligations of both parties. Proposals shall be solicited from all known commercial publishers who could potentially become the CE contractor. Upon evaluation of the competing proposals by the Source Selection Advisory Committee (SSAC) and selection of a winner by the selecting official, the CE contract shall be awarded by the contracting officer.