32 C.F.R. § 238.5

(a) The Assistant to the Secretary of Defense for Public Affairs (ATSD(PA)) serves as the authority for approving DoD assistance, including DoD involvement in marketing and publicity, to non-Government entertainment-oriented media; this authority may not be delegated, except to an official in the Office of the ATSD(PA). The ATSD(PA) will make DoD commitments, in consultation with the Secretaries of the Military Departments and the Chief, National Guard Bureau, only after:

(1) The script, treatment, or narrative description is found to qualify in accordance with the general principles in § 238.4(a).

(2) The support requested is determined to be feasible.

(3) For episodic television, motion pictures, and other nondocumentary entertainment media productions, the producer has an acceptable public exhibition agreement with a recognized exhibition entity (e.g., studio or network), and the capability to complete the production (i.e., completion bond or other industry-recognized guarantor of completion, such as the commitment of a major studio or other source of financial commitment). For documentaries, the producer has indicated a clear capability to complete the production.

(4) A certification from the production company is provided in accordance with the procedures in § 238.6(b)(1)(iii), consistent with § 238.4(f).

(b) The Secretaries of the Military Departments and the Chief, National Guard Bureau, develop procedures for implementing this part and ensure that the requirements of this part are met.