10 U.S.C. 301.
67 FR 42722, June 25, 2002, unless otherwise noted.
(a) In accordance with the authorities contained in 10 U.S.C. and except as expressly prohibited by law, Deputy Secretary of Defense Paul D. Wolfowitz has full power and authority to act for the Secretary of Defense and to exercise the powers of the Secretary of Defense upon any and all matters concerning which the Secretary of Defense is authorized to act pursuant to law.
(b) The all-inclusive authority reflected herein may not be delegated in toto; however, the Deputy is authorized to make specific delegations, as required.
10 U.S.C. 301.
58 FR 48307, Sept. 15, 1993, unless otherwise noted.
(a) Establishes the DoD Civilian Personnel Management Service (CPMS) within the Department of Defense, pursuant to the authority vested in the Secretary of Defense under title 10, with the mission, organization, responsibilities, functions, relationships, and authorities as prescribed herein.
(b) Applies to the Office of the Secretary of Defense; the Military Departments; the Chairman of the Joint Chiefs of Staff and the Joint Staff; the Unified and Specified Combatant Commands; the Office of the Inspector General, Department of Defense; the Defense Agencies; and the DoD Field Activities (hereafter referred to collectively as “the DoD Components”).
The CPMS shall provide civilian personnel policy support, functional information management, and civilian personnel administrative services to the DoD Components and their activities.
The CPMS is hereby established as a DoD Field Activity under the authority, direction, and control of the Assistant Secretary of Defense (Personnel and Readiness) (ASD(P&R)). The CPMS shall consist of a Director and such subordinate elements as the Director establishes, within the resources authorized by the Secretary of Defense.
(a) The Director, DoD Civilian Personnel Management Service shall:
(1) Organize, direct, and manage the CPMS and all assigned resources.
(2) Advise and assist the ASD(P&R) and the Deputy Assistant Secretary of Defense (Civilian Personnel Policy and Equal Opportunity) (DASD(CPP/EO)) within assigned responsibilities and functions.
(3) Provide support to the DoD Components in the administration of civilian personnel policy and programs, as directed.
(4) Administer civilian personnel functional information management activities including, but not limited to, business improvement and functional economic analyses.
(5) Administer civilian personnel programs specified in DoD Directive
(6) Perform such other functions as the ASD(P&R) may prescribe.
(b) The Assistant Secretary of Defense (Personnel and Readiness) shall:
(1) Exercise authority, direction, and control over the CPMS.
(2) Recommend policies and resources for the administration of the CPMS to the Secretary of Defense.
(a) In the performance of assigned duties, the Director, CPMS, shall:
(1) Exchange information and advice and coordinate actions with DoD Components, as required, to carry out assigned responsibilities and functions.
(2) Use established facilities and services in the Department of Defense and other Government Agencies, whenever practicable, to achieve maximum efficiency and economy of operations.
(3) Consult and coordinate with other governmental and nongovernmental agencies, as required, to carry out assigned responsibilities and functions.
(b) All DoD Components shall coordinate with the Director, CPMS, as appropriate, on matters affecting the operation of the CPMS.
The Director, CPMS, is specifically delegated authority to:
(a) Represent the ASD(P&R) and the DASD(CPP/EO) on matters which fall within assigned responsibilities and functions.
(b) Obtain reports, information, advice, and assistance, consistent with the policies and criteria of DoD Directive 8910.1
(c) Communicate directly with appropriate representatives of the DoD Components and other governmental and nongovernmental agencies on matters related to the CPMS. Communications to the Commanders of Unified and Specified Combatant Commands shall be transmitted through the Chairman of the Joint Chiefs of Staff.
(d) Exercise the administrative authorities in enclosure 2, when delegated by the ASD(P&R).
(a) The Director, CPMS, shall be a civilian selected by the ASD(P&R).
(b) The CPMS shall be authorized such personnel, facilities, funds, and other resources as the Secretary of Defense deems necessary.
(c) The Military Departments shall assign military personnel to the CPMS in accordance with approved authorizations and established procedures for assignment to joint duty.
(d) Administrative support for the CPMS shall be provided by the DoD Components through inter-service support agreements in accordance with DoD Directive 4000.19
Pursuant to the authority vested in the Secretary of Defense, and subject to the direction, authority, and control of the Secretary of Defense, and in accordance with DoD policies, Directives, and Instructions, the Assistant Secretary of Defense (Personnel and Readiness) (ASD(P&R)), or in the absence of the ASD(P&R), the person acting for the ASD(P&R), is hereby delegated authority as required in the administration and operation of the DoD Civilian Personnel Management Service to:
1. Establish advisory committees and employ temporary or intermittent experts or consultants, as approved by the Secretary of Defense, for the performance of DoD Civilian Personnel Management Service functions consistent with 10 U.S.C. 173; 5 U.S.C. 3109(b); DoD Directive 5105.4
2. In accordance with 5 U.S.C. 7532; E.O. 10450, 18 FR 2489, 3 CFR, 1949-1953 Comp., p. 936; E.O. 12333, 46 FR 59941, 3 CFR, 1981 Comp., p. 200; and E.O. 12356, 47 FR 14874 and 15557, 3 CFR, 1982 Comp., p. 166; and DoD Directive 5200.2
a. Designate any position in the DoD Civilian Personnel Management Service as a “sensitive” position.
b. Authorize, in case of an emergency, the appointment of a person to a sensitive position in the DoD Civilian Personnel Management Service for a limited period of time and for whom a full field investigation or other appropriate investigation, including the National Agency Check, has not been completed.
c. Authorize the suspension, but not terminate the services, of a DoD Civilian Personnel Management Service employee in the interest of national security.
d. Initiate investigations, issue personnel security clearances and, if necessary, in the interest of national security, suspend, revoke, or deny a security clearance for personnel assigned, detailed to, or employed by the DoD Civilian Personnel Management Service. Any action to deny or revoke a security clearance shall be taken in accordance with procedures prescribed in DoD 5200.2-R
3. Authorize and approve:
a. Temporary duty travel for military personnel assigned or detailed to the DoD Civilian Personnel Management Service in accordance with volume I, Joint Federal Travel Regulations.
b. Travel for DoD Civilian Personnel Management Service civilian employees in accordance with Volume II, Joint Travel Regulations.
c. Invitational travel to non-DoD personnel whose consultative, advisory, or other highly specialized technical services are required in a capacity that is directly related to, or in connection with, DoD Civilian Personnel Management Service activities, in accordance with Volume II, Joint Travel Regulations.
d. Overtime work for DoD Civilian Personnel Management Service civilian employees in accordance with chapter 55, subpart V, of 5 U.S.C. and applicable OPM regulations.
4. Approve the expenditure of funds available for travel by military personnel assigned or detailed to the DoD Civilian Personnel Management Service for expenses incident to attendance at meetings of technical, scientific, professional, or other similar organizations in such instances where the approval of the Secretary of Defense, or designee, is required by 37 U.S.C. 412, and 5 U.S.C. 4110 and 4111.
5. Develop, establish, and maintain an active and continuing Records Management Program pursuant to 44 U.S.C. 3102 and DoD Directive 5015.2
6. Establish and use imprest funds for making small purchases of material and services, other than personal services, for the DoD Civilian Personnel Management Service, when it is determined more advantageous and consistent with the best interests of the Government, in accordance with DoD Directive 7360.10
7. Authorize the publication of advertisements, notices, or proposals in newspapers, magazines, or other public periodicals as required for the effective administration and operation of the DoD Civilian Personnel Management Service, consistent with 44 U.S.C. 3702.
8. Establish and maintain, for the functions assigned, an appropriate publications system for the promulgation of common supply and service regulations, instructions, and reference documents, and changes thereto, pursuant to the policies and procedures prescribed in DoD 5025.1-M
9. Enter into support and service agreements with the Military Departments, other DoD Components, or other Government Agencies, as required, for the effective performance of DoD Civilian Personnel Management Service functions and responsibilities.
10. Enter into and administer contracts, directly or through a Military Department, a DoD contract administration services component, or other Federal Agency, as appropriate, for supplies, equipment, and services required to accomplish the mission of the DoD Civilian Personnel Management Service. To the extent that any law or Executive order specifically limits the exercise of such authority to persons at the Secretarial level of a Military Department, such authority shall be exercised by the appropriate Under Secretary or Assistant Secretary of Defense.
11. Exercise the authority delegated to the Secretary of Defense by the Administrator of General Services on the disposal of surplus personal property.
12. The ASD (P&R) may redelegate these authorities, as appropriate, and in writing, except as otherwise provided by law or regulation.
13. These delegations of authority are effective August 30, 1993.
10 U.S.C. 136.
59 FR 14561, Mar. 29, 1994, unless otherwise noted.
Under the authority vested in the Secretary of Defense by 10 U.S.C. 113 and 136, this part establishes the position of USD(P&R), with the responsibilities, functions, relationships, and authorities as prescribed herein. The functions previously assigned to the Assistant Secretary of Defense (Force Management and Personnel) (ASD(FM&P)) by DoD Directive 5124.2,
This part applies to the Office of the Secretary of Defense (OSD), the Military Departments, the Chairman of the Joint Chiefs of Staff, the Unified Combatant Commands, the Inspector General of the Department of Defense, the Defense agencies, and the DoD Field Activities (hereafter referred to collectively as “the DoD Components”).
(a)
(b)
The Under Secretary of Defense for Personnel and Readiness is the principal staff assistant and advisor to the Secretary and Deputy Secretary of Defense for Total Force management as it relates to readiness; National Guard and Reserve component affairs; health affairs; training; and personnel requirements and management, including equal opportunity, morale, welfare, and quality of life matters. In this capacity, the USD(P&R) shall:
(a) Develop policies, plans, and programs for:
(1) Total force personnel and their allocation among DoD Components and between the active and reserve components to ensure efficient and effective support of wartime and peacetime operations, contingency planning, and preparedness.
(2) Reserve component affairs to promote the effective integration of Reserve component capabilities into a cohesive total force.
(3) Health and medical affairs sufficient to provide, and maintain readiness to provide, medical services and support to members of the Armed Forces during military operations, and to provide medical services and support to members of the Armed Forces, their dependents, and others entitled to DoD medical care.
(4) Recruitment, training, equal opportunity, compensation, recognition, discipline, and separation of all DoD personnel, to include both military (active, reserve, and retired) and civilian.
(5) The quality of life of DoD personnel and their dependents, including family support, allowances, transition assistance, community services, and dependent education.
(6) DoD morale, welfare, and recreation programs and supporting non-appropriated fund revenue-generating programs including commissaries and exchanges.
(7) Interagency and intergovernmental activities, special projects, or
(b) Serve as OSD focal point for readiness issues; develop policies, management structures, and administrative processes to ensure forces have sufficient readiness to execute the National Military Strategy; oversee Total Force personnel and medical readiness; and coordinate with other Principal Staff Assistants and cognizant officials in the Office of the Chairman of the Joint Chiefs of Staff and in the Services on other aspects of readiness.
(c) Analyze the total force structure as related to quantitative and qualitative military and civilian personnel requirements, utilization, readiness and support. Administer and implement controls on military and civilian personnel strengths for Military Departments, Defense Agencies, and other DoD Components.
(d) Review and evaluate the requirements of the Defense Acquisition Board's major defense acquisition programs and proposed weapon systems for personnel, training, and readiness implications, and the implications of weapon systems maintainability for qualitative and quantitative personnel requirements and for readiness.
(e) Formulate policy for and ensure coordination of DoD Noncombatant Evacuation Operations (NEO).
(f) Participate in those planning, programming, and budgeting activities that relate to assigned areas of responsibility.
(g) Serve on boards, committees, and other groups pertaining to assigned functional areas and represent the Secretary of Defense on personnel, readiness, Reserve component, health, and compensation matters outside of the Department.
(h) Perform such other functions as the Secretary of Defense may prescribe.
(a) In the performance of assigned functions and responsibilities, the USD(P&R) shall:
(1) Report directly to the Secretary and Deputy Secretary of Defense.
(2) Exercise authority, direction, and control over:
(i) The Assistant Secretary of Defense for Health Affairs.
(ii) The Assistant Secretary of Defense for Reserve Affairs.
(iii) The Director, Defense Commissary Agency.
(iv) The Director, DoD Education Activity.
(v) The Director, Defense Manpower Data Center.
(vi) The Director, DoD Civilian Personnel Management Service.
(vii) The Director, Defense Institute for Training Resources Analysis.
(viii) The Commandant of the Defense Equal Opportunity Management Institute.
(ix) The Director, Defense Medical Programs Activity, through the Assistant Secretary of Defense for Health Affairs (ASD(HA)).
(x) The Director, Office of Civilian Health and Medical Programs of the Uniformed Services, through the ASD(HA).
(xi) The President, Uniformed Services University of the Health Sciences (USUHS), through the ASD(HA), pursuant to the authority vested in the Secretary of Defense by 10 U.S.C. chapter 104, except that the authority to appoint the President, USUHS, is reserved to the Secretary of Defense.
(xii) such other subordinate officials as may be assigned.
(3) Provide policy guidance and management supervision for the DoD Office of the Actuary, DoD Office of Special Events, U.S. Military Entrance Processing Command, Defense Activity for Non-Traditional Education Support, and the Armed Forces Professional Entertainment Program.
(4) Coordinate and exchange information with other OSD officials, Heads of the DoD Components, and Federal officials having collateral or related functions.
(5) Use existing facilities and services of the Department of Defense and other Federal Agencies, whenever practicable, to avoid duplication and to achieve maximum efficiency and economy.
(b) Other OSD officials and the Heads of the DoD Components shall coordinate with the USD(P&R) on all matters related to the responsibilities and functions cited in § 343.4.
(a) The USD(P&R) is hereby delegated authority to:
(1) Establish and allocate civilian personnel authorizations of the DoD Components and review and approve military and civilian personnel authorization changes during program execution.
(2) Issue DoD Instructions, DoD publications, and one-time directive-type memoranda, consistent with DoD 5025.1-M,
(3) Obtain reports, information, advice, and assistance, consistent with DoD Directive 8910.1,
(4) Communicate directly with the Heads of DoD Components. Communications to the Commanders of the Unified Combatant Commands shall be transmitted through the Chairman of the Joint Chiefs of Staff.
(5) Communicate with other Government officials, representatives of the legislative branch, members of the public, and representatives of foreign governments, as appropriate, in carrying out assigned functions.
(b) Other authorities specifically delegated by the Secretary of Defense are in appendix A to this part.
Pursuant to the authority vested in the Secretary of Defense, and subject to the authority, direction, and control of the Secretary of Defense, and in accordance with DoD policies, Directives, and Instructions, the USD(P&R) is hereby delegated authority to:
(a) Act for the Secretary of Defense in conducting a review of the military compensation system.
(b) Issue DoD issuances pertaining to the management of commissioned officers that are required to be issued by the Secretary of Defense under pertinent sections of 10 U.S.C., including those added by Public Law 96-513, “Defense Officer Personnel Management Act,” December 12, 1980, as amended by Public Law 77-22, “Defense Office Personnel Management Act Technical Corrections Act,” July 10, 1981, except when such delegation is specifically prohibited.
(c) Act for the Secretary of Defense to approve or disapprove recommendations for the Secretary of Defense Award for Productivity Excellence.
(d) Act for the Secretary of Defense to review and approve procedures established by the Secretaries of the Military Departments for the correction of military records under the authority of 10 U.S.C. 1552.
10 U.S.C. 136.
59 FR 14563, Mar. 29, 1994, unless otherwise noted.
Under the authority vested in the Secretary of Defense by 10 U.S.C. 113 and 138, this part updates the responsibilities, functions, relationships, and authorities of the ASD(RA), as prescribed herein.
This part applies to the Office of the Secretary of Defense (OSD), the Military Departments, the Chairman of the Joint Chiefs of Staff, the Unified Combatant Commands, the Inspector General of the Department of Defense, the Defense Agencies, and the DoD Field Activities (hereafter referred to collectively as “the DoD Components”).
(a)
(b)
The Assistant Secretary of Defense for Reserve Affairs is the principal staff assistant and advisor to the Under Secretary of Defense for Personnel and Readiness (USD(P&R)) and the Secretary and Deputy Secretary of Defense for Reserve component matters in the Department of Defense. The ASD(RA) is responsible for overall supervision of all Reserve component affairs in the Department of Defense. In this capacity, the ASD(RA) shall:
(a) Develop policies, conduct analyses, provide advice, and make recommendations to the USD(P&R) and the Secretary of Defense, and issue guidance to the DoD Components on matters pertaining to the Reserve components.
(b) Develop systems and standards for the administration and management of approved DoD Reserve component plans and programs.
(c) Develop and promulgate plans, programs, actions, and taskings to ensure adherence to DoD policies and national security objectives to promote the effective integration of Reserve component capabilities into a cohesive total force.
(d) Review and evaluate programs of the DoD Components that impact on the reserve components; monitor the activities of reserve component organizations, training facilities, and associations; and undertake other management oversight activities as may be required to ensure that policies, plans, programs, and actions pertaining to the reserve components:
(1) Adhere to approved DoD policies and standards.
(2) Are compatible and support total force objectives and requirements.
(3) Enhance the readiness and capabilities of reserve component units and personnel.
(4) Promote the integration of reserve components with active duty forces.
(5) Make the most effective use of reserve components within the total force.
(e) Participate in planning, programming, and budgeting activities that relate to assigned areas of responsibility.
(f) Promote, with respect to the reserve components, coordination, cooperation, and mutual understanding within the Department of Defense and among the Department of Defense and other federal agencies, state and local governments, the civilian community at large, and the employers of Reserve component personnel.
(g) Promote family support plans, policies, and programs in line with the reserve component mission.
(h) Serve on boards, committees, and other groups pertaining to assigned functional areas and represent the Secretary of Defense on reserve component matters outside the Department.
(i) Consistent with 10 U.S.C. 675, coordinate issues and positions of the Reserve Force Policy Board (RFPB) and review reports of the RFPB prior to forwarding to the USD(P&R) and the Secretary of Defense. Provide administrative staff support to the RFPB.
(j) Serve as the vice chairman of the Conventional Forces Readiness Committee.
(k) Perform such other functions as the USD(P&R) and the Secretary of Defense may prescribe.
(a) In the performance of assigned functions and responsibilities, the ASD(RA) shall serve under the authority, direction, and control of the USD(P&R) and shall:
(1) Report directly to the USD(P&R).
(2) Exercise authority, direction, and control over the National Committee for Employer Support of the Guard and Reserve.
(3) Coordinate and exchange information with the OSD officials, Head of the DoD components, and Federal officials having collateral or related functions.
(4) Use existing facilities and services of the Department of Defense or other Federal Agencies, whenever practicable, to avoid duplication and to achieve maximum efficiency and economy.
(b) Other OSD officials and the Heads of the DoD components shall coordinate with the ASD(RA) on all matters related to the responsibilities and functions cited in § 344.4.
The ASD(RA) is hereby delegated authority to:
(a) Act for the Secretary of Defense, in accordance with section 411 of Pub. L. 103-160 and future authorization acts that contain this provision, to increase the authorized end strength for Reserve personnel by not more than 2 percent of the prescribed Reserve personnel end strength, or such other percentage as shall be authorized by statute, when the increase is in the national interest.
(b) Issue DoD Instructions, DoD publications, and one-time directive-type memoranda, consistent with DoD 5025.1-M,
(c) Obtain reports, information, advice, and assistance, consistent with DoD Directive 8910.1,
(d) Communicate directly with Heads of the DoD Components. Communications to the Unified Combatant Commands shall be transmitted through the Chairman of the Joint Chiefs of Staff.
(e) Communicate with other Government officials, representatives of the legislative branch, members of the public, and representatives of foreign governments, as appropriate, in carrying out assigned functions.
20 U.S.C. 2362.
57 FR 53557, Nov. 12, 1992, unless otherwise noted.
This part, pursuant to the authority vested in the Secretary of Defense under 20 U.S.C. 2362, establishes the Department of Defense (DoD) section 6 Schools with the mission, organization, responsibilities, functions, relationships, and authorities as prescribed herein.
(a) This part applies to the Office of the Secretary of Defense, the Military Departments, the Defense Agencies, and the DoD Field Activities, (hereafter referred to collectively as “the DoD Components”).
(b) The schools (pre-kindergarten through grade 12) operated by the Department of Defense within the Continental United States (CONUS), Alaska, Hawaii, Puerto Rico, Wake Island, Guam, American Samoa, the Northern Mariana Islands, and the Virgin Islands.
The mission of the DoD section 6 Schools is to provide a free public education of high quality from pre-kindergarten through grade twelve for eligible dependent children of U.S. military personnel and federally employed civilian personnel, when those children are eligible for an education in DoD section 6 Schools under 20 U.S.C. 2362, 20 U.S.C. 241 note, 32 CFR part 68, and 20 U.S.C. 1400 et. seq., to provide a free, appropriate education for dependents with disabilities, ages 3 through 21.
The DoD section 6 Schools Office is established as an organizational element of the DoD Education Activity (DoDEA), a DoD Field Activity operating under the direction, authority, and control of the Assistant Secretary of Defense (Force Management and Personnel) (ASD(FM&P)). It shall consist of a Director and such subordinate organizational structures and activities as shall be established by the Director, DoD section 6 Schools, with the resources authorized by the ASD(FM&P).
(a) The Director, DoD section 6 Schools, shall perform all of the duties necessary to organize, manage, fund, direct, and supervise the complete operation of the DoD section 6 Schools. These duties include, but are not limited to, the following:
(1) Serve as the principal advisor and staff assistant to the ASD(FM&P) on matters relating to the DoD section 6 Schools.
(2) Ensure the development of policies and procedures for the operation, management, budgeting (in accordance with guidance provided by the Comptroller, Department of Defense), construction, and financing of DoD section 6 Schools and for DoD section 6 Special Arrangements (as defined in 32 CFR part 68 for eligible dependent children in CONUS, Alaska, Hawaii, Puerto Rico, Wake Island, Guam, American Samoa, the Northern Mariana Islands, and the Virgin Islands, under 20 U.S.C. 2362, 20 U.S.C. 241 note, and 32 CFR part 68.
(3) Ensure the establishment of elected school boards in DoD section 6 School Arrangements operating under 20 U.S.C. 2362 and 20 U.S.C. 241 note. The functions of such school boards shall be to oversee school expenditures and operations, subject to audit procedures established by the Director, section 6 Schools and consistent with 20 U.S.C. 2362, 20 U.S.C. 241 note, and this part.
(4) Ensure that the free public education being provided under this part is, to the maximum extent practicable, comparable to that being provided by comparable public school districts in the State in which the DoD section 6 School Arrangement or DoD section 6 Special Arrangement (as defined in 32 CFR part 68) is located or, if outside of CONUS, Alaska, and Hawaii, as the being provided by the District of Columbia Public Schools.
(5) Ensure the establishment of audit procedures for reviewing funding of DoD section 6 School Arrangements and DoD section 6 Special Arrangements.
(6) Ensure timely and accurate preparation of budget execution reports and full compliance with accounting requirements in accordance with DoD 7220.9-M.
(7) Ensure that nonappropriated funds and related activities of DoD section 6 School Arrangements are reviewed under DoD Directive 7600.6.
(8) Establish guidance for student eligibility for DoD section 6 School Arrangements.
(9) Negotiate interservice support agreements with the Military Departments in accordance with DoD Directive 4000.19.
(10) Perform other functions as may be assigned by the ASD(FM&P).
(b) The Assistant Secretary of Defense (Force Management and Personnel) shall:
(1) Recommend policies and resources for the administration of the DoD section 6 Schools to the Secretary of Defense.
(2) Exercise direction, authority, and control over the Director, DoD section 6 Schools, through the Director of Education, in accordance with 32 CFR part 346.
(3) Issue, as necessary, DoD instructions, publications, and other guidance implementing this part.
(c) The Comptroller of the Department of Defense shall provide technical advice and assistance to the Director, DoD section 6 Schools, on budget and financial management activities of the DoD section 6 Schools.
(d) The General Counsel of the Department of Defense shall:
(1) Coordinate on guidance established by the Director, DoD section 6 Schools, for student eligibility for DoD section 6 School Arrangements.
(2) Provide legal advice on the implementation of this part.
(e) The Secretaries of the Military Departments shall provide such facilities, logistics, and administrative support as are required for the effective operation of the DoD section 6 Schools program. Reimbursements for goods and services shall be made in accordance with DoD Directive 4000.19 and DoD Directive 1400.16.
(a) In the performance of assigned duties, the Director, DoD section 6 Schools, shall:
(1) Exchange information and advice and coordinate actions with DoD Components having collateral or related functions.
(2) Use established facilities and services in the Department of Defense and other Government Agencies, whenever practicable, to achieve maximum efficiency and economy of operations.
(3) Consult and coordinate with other governmental and nongovernmental agencies on matters related to the mission of the DoD section 6 Schools.
(b) All DoD Components shall coordinate with the Director, DoD section 6 Schools, as appropriate, on all matters relating to the operation of the DoD section 6 Schools.
The Director, DoD section 6 Schools, is specifically delegated authority to:
(a) Execute the responsibilities and functions described in § 345.5.
(b) Obtain reports, information, advice, and assistance, consistent with the policies and criteria of DoD Directive 7750.5,
(c) Communicate directly with appropriate representatives of the DoD Components and other governmental and nongovernmental agencies on matters related to the DoD section 6 Schools.
(d) Exercise the operational and administrative authorities contained in appendix A to this part.
(a) The Director, DoD section 6 Schools, shall be a civilian selected by the ASD(FM&P).
(b) Administrative support for Headquarters, DoD section 6 Schools, and DoD section 6 Schools field elements shall be provided by the DoD Components.
(c) The DoD section 6 Schools Office shall be authorized such personnel, facilities, funds, and other resources as the Secretary of Defense deems necessary.
Pursuant to the authority vested in the Secretary of Defense, and subject to the direction, authority, and control of the Secretary of Defense, and in accordance with DoD policies, Directives, and Instructions, the Assistant Secretary of Defense (Force Management and Personnel) (ASD(FM&P)) or, in the absence of the ASD(FM&P), the person acting for the ASD(FM&P), is hereby delegated authority, as required in administration and operation of the DoD section 6 Schools, to:
1. Make determinations with respect to recruiting, selecting, removing, disciplining, and taking other actions involving civilian employees of the DoD section 6 Schools.
2. In accordance with 5 U.S.C. 7532; E.O. 10450, 18 FR 2489, 3 CFR, 1949-1953 Comp., p. 936; E.O. 12333, 46 FR 59941, 3 CFR, 1981 Comp., p. 200; E.O. 12356, 47 FR 14874 and
a. Designate any position in the DoD section 6 Schools as a “sensitive” position.
b. Authorize, in case of an emergency, the appointment of a person to a sensitive position in the DoD section 6 Schools for a limited period of time and for whom a full field investigation or other appropriate investigation, including the National Agency Check, has not been completed.
c. Authorize the suspension, but not terminate the services, of a DoD section 6 Schools employee in the interest of national security.
3. Authorize and approve:
a. Travel for DoD section 6 Schools civilian employees, in accordance with Volume II, Joint Travel Regulations.
b. Invitational travel to non-DoD personnel whose consultative, advisory, or other highly specialized technical services are required in a capacity that is directly related to, or in connection with, DoD section 6 Schools activities, in accordance with Volume II, Joint Travel Regulations.
c. Overtime work for DoD section 6 Schools civilian employees in accordance with chapter 55, subpart V, of 5 U.S.C. and applicable OPM regulations.
4. Develop, establish, and maintain an active and continuing Records Management Program, pursuant to 44 U.S.C. 3102 and DoD Directive 5015.2,
5. Authorize the publication of advertisements, notices, or proposals in newspapers, magazines, and other public periodicals, as required for the effective administration of the DoD section 6 Schools consistent with 44 U.S.C. 3702.
6. Establish and maintain, for the functions assigned, an appropriate publications system for the promulgation of common supply and service regulations, instructions, and reference documents, and changes thereto, pursuant to the policies and procedures prescribed in DoD 5025.1-M,
7. Enter into support and service agreements with other DoD Components, including the Military Departments, as required for the effective performance of responsibilities and functions assigned to the DoD section 6 Schools.
8. Enter into and administer contracts directly or through a Military Department, a DoD contract administration services component, or other Government Department or Agency, as appropriate, for supplies, equipment, and services required to accomplish the mission of the DoD section 6 Schools. To the extent that any law or Executive order specifically limits the exercise of such authority to persons at the Secretarial level of a Military Department, such authority shall be exercised by the appropriate Under Secretary or Assistant Secretary of Defense.
The ASD(FM&P) may redelegate these authorities, as appropriate, and in writing, except as otherwise specifically indicated above, or as otherwise provided by law or regulation.
10 U.S.C. 131(b).
57 FR 53559, Nov. 12, 1992, unless otherwise noted.
Pursuant to the authority vested in the Secretary of Defense under 10 U.S.C. 131(b), this part establishes the DoDEA with responsibilities, functions, authorities, and relationships as outlined.
This part applies to the Office of the Secretary of Defense (OSD); the Military Departments; the Chairman of the Joint Chiefs of Staff and the Joint Staff; the Unified and Specified Commands; the Office of the Inspector General, Department of Defense; 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 the Coast Guard.
The mission of the DoDEA is to:
(a) Advise and act for the Assistant Secretary of Defense (Force Management and Personnel) (ASD(FM&P)) on all matters relative to the DoD Dependents Schools (DoDDS), section 6
(b) Formulate and develop policies, guidelines, and standards for the management of defense education activities and programs.
(c) Plan, direct, coordinate, and manage the education programs for eligible dependents of U.S. military personnel and civilian personnel of the Department of Defense stationed overseas in accordance with 32 CFR part 347.
(d) Plan, direct, coordinate, and manage the education programs for eligible dependents of U.S. military and civilian personnel stationed in areas prescribed in 20 U.S.C. 2362; in accordance with 20 U.S.C. 241 note; and 32 CFR part 68.
(e) Plan, direct, coordinate, and oversee the programs and services for continuing adult and post-secondary education for U.S. military personnel.
The DoDEA is established as a DoD Field Activity under the authority, direction, and control of the ASD(FM&P). It shall consist of:
(a) A Director, who shall be known as the Director of Education.
(b) The DoDDS which, under 32 CFR part 347, provides a free public education of high quality from pre-kindergarten through grade twelve for eligible minor dependents of U.S. military and civilian personnel of the Department of Defense stationed overseas; a free, appropriate education for such minor dependents with disabilities, ages 3 through 21; and a community college program for eligible students in Panama.
(c) The DoD section 6 Schools Office which, under 32 CFR part 345, provides a free public education for dependent children of U.S. military personnel and federally employed civilian personnel when those children are eligible for an education in DoD section 6 Schools under 20 U.S.C. 2362, 20 U.S.C. 241 note, and 32 CFR part 68. Such free public education arrangements shall be made by the Secretary of Defense either with a local educational agency or with the head of a Federal Department or Agency, consistent with 20 U.S.C. 2362.
(d) The Office of CAPSE which, under DoD Directive 1322.8,
(e) Other subordinate elements as are established by the Director, within the resources assigned by the ASD(FM&P).
(a) The Director of Education shall:
(1) Serve as the principal staff advisor to the ASD(FM&P) on the DoDDS, section 6 Schools, and CAPSE programs.
(2) Organize, manage, and direct the DoDEA, its subordinate elements, and all assigned resources.
(3) Establish subordinate offices necessary to fulfill assigned missions.
(4) Supervise, administer, implement, and evaluate the policies and procedures for the DoDDS, the section 6 Schools, and the CAPSE programs.
(5) Enter into agreements with the Military Services or other U.S. Government entities, as required, for the effective performance of the responsibilities assigned in this part.
(6) Supervise and administer DoDEA financial management activities.
(7) Develop, for issuance by the ASD(FM&P), such policy or technical guidance, regulations, and instructions as are required to effectively administer and manage the education programs established under this part.
(8) Provide DoDEA representation at meetings and deliberations of educational panels and advisory groups.
(9) Perform other functions as may be assigned by the ASD(FM&P).
(b) The Assistant Secretary of Defense (Force Management and Personnel) shall:
(1) Recommend to the Secretary of Defense policies and resources for the administration of the DoDDS, section 6 Schools, and CAPSE programs.
(2) Exercise direction, authority, and control over the DoDEA.
(c) The Comptroller of the Department of Defense shall provide technical advice and support to the Director for Education on budget and financial management activities to the DoDEA.
(d) The General Counsel of the Department of Defense shall provide legal advice on the implementation of this part.
(e) The Secretaries of the Military Departments shall provide such facilities, logistic, and administrative support as are required for the effective operation of the DoDDS, section 6 Schools, and CAPSE programs. Reimbursements for goods and services shall be made in accordance with DoD Instruction 4000.19
(a) In the performance of assigned duties, the Director of Education shall:
(1) Exchange information and advice and coordinate actions with DoD Components having collateral or related functions.
(2) Use established facilities and services in the Department of Defense and other Government Agencies, whenever practical, to achieve maximum efficiency and economy of operations.
(3) Consult and coordinate with other government and nongovernmental agencies on matters related to the mission of the DoDEA.
(b) All DoD Components shall coordinate with the Director of Education, as appropriate, on matters affecting the mission and operation of the DoDEA.
The Director of Education is specifically delegated authority to:
(a) Execute the responsibilities and functions described in § 346.5.
(b) Obtain reports, information, advice, and assistance, consistent with the policies and criteria of DoD Directive 7750.5,
(c) Communicate directly with appropriate representatives of the DoD Components and other governmental and nongovernmental agencies on matters related to the DoDDS, section 6 Schools, and CAPSE programs.
(a) The Director of Education shall be a civilian selected by the ASD(FM&P).
(b) Administrative support to the DoDEA shall be provided by DoD Components.
(c) The DoDEA shall be authorized such personnel, facilities, funds, and other resources as the Secretary of Defense deems necessary.
10 U.S.C. 131(b).
57 FR 53561, Nov. 12, 1992, unless otherwise noted.
This part:
(a) Updates the organization, responsibilities, functions, relationships, and authorities for the administration of the DoDDS, which operates schools in overseas areas.
(b) Under 10 U.S.C. 131(b), establishes, pursuant to the authority vested in the Secretary of Defense, the DoDDS, with the mission, organization, responsibilities, functions, relationships, and authorities as prescribed herein.
(c) Under 20 U.S.C. 2701 et. seq. and 20 U.S.C. 1400 et. seq., establishes the Advisory Council on Dependents’ Education (ACDE) and the Overseas Dependents’ Schools National Advisory Panel on the Education of Disabled Dependents (NAP); establishes the Dependents Education Council (DEC); and, under DoD Instruction 1342.15,
(d) Continues to authorize publication of DoD 1342.6-M
This part applies to:
(a) The Office of the Secretary of Defense; the Military Departments; the Chairman of the Joint Chiefs of Staff and the Joint Staff; the Unified and Specified Commands; the Office of the Inspector General, Department of Defense; 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 the Coast Guard.
(b) Members appointed to serve on the ACDE, the NAP, the DEC, and other EACs established under authority of 20 U.S.C. 2701 et seq., and DoD Instruction 1342.15.
The mission of the DoDDS is to provide, pursuant to 20 U.S.C. 2701 et. seq. and DoD Directive 1342.13,
(a) The DoDDS shall also provide programs designed to meet the special needs of:
(1) The disabled.
(2) Individuals in need of compensatory education.
(3) Individuals with an interest in vocational education.
(4) Gifted and talented individuals.
(5) Individuals of limited English-speaking ability.
(6) A developmental preschool program for eligible dependents who are of preschool age.
(b) The DoDDS may also provide, to the extent funds are available:
(1) Extracurricular and co-curricular programs and activities to enrich the school environment and experience.
(2) Student travel to compete in interscholastic programs and competitions.
(a) The DoDDS is established as an organizational element of the DoD Education Activity (DoDEA), a DoD Field Activity operating under the direction, authority, and control of the Assistant Secretary of Defense (Force Management and Personnel) (ASD(FM&P)). It shall consist of:
(1) A Director.
(2) The Office of Dependents’ Education, which is the headquarters element of the DoDDS.
(3) A subordinate organizational structure and such subordinate activities as shall be established by the Director, DoDDS, within resources authorized by the ASD(FM&P).
(b) An ACDE shall be established, in accordance with 20 U.S.C. et. seq., and DoD Directive 5105.4,
(c) A DEC shall be established to provide a consultative relationship between the ASD(FM&P) and the Director, DoDDS, and the Commanders of Unified Combatant Commands and major Service Commands to consider questions of educational policy, and
(d) An Overseas Dependents’ Schools National Advisory Panel on the Education of Disabled Dependents shall be established to advise the Director, DoDDS, regarding the needs and requirements for the education of disabled children, as well as the rules and standards that should be developed and maintained for the operation of the system.
(e) Other EACs shall be established to ensure effective communication between school administrators at all levels of administration within the DoDDS and the total school community. The operation of the EACs shall be in accordance with DoD Directive 1342.15.
(a) The Director, DoD Dependents Schools, shall perform all duties necessary to organize, manage, fund, direct, and supervise the complete operation of the DoDDS. These duties include, but are not limited to, the following duties:
(1) Serve as the principal advisor and staff assistant to the ASD(FM&P) on matters relating to overseas dependents education.
(2) As required for the DoDDS to perform its mission effectively, develop policies and systems; conduct research, analysis, and evaluation; and issue guidance and regulations.
(3) Keep abreast of developments in the elementary, secondary, and higher education field to ensure appropriate assimilation of new programs and technologies in the overseas dependents schools.
(4) Enter into agreements with or through the DoD Components and other U.S. Government entities, and form such agreements as may be required for the effective performance of the DoDDS program.
(5) Establish subordinate offices and schools necessary to fulfill the mission when practical and/or cost-beneficial.
(6) Provide recommendations and support to the ASD(FM&P) in the development and justification of school construction, modification, and/or repair projects included in annual military construction programs.
(7) Develop, publish, interpret, and maintain:
(i) DoD 1342.6-M to implement this part and other policy decisions of the Secretary of Defense.
(ii) Eligibility policy and procedures for enrollment in an overseas dependents school.
(iii) Policy and procedures for the operation and management of the ACDE, the DEC, the Overseas Dependents’ Schools National Advisory Panel on the Education of Disabled Dependents, the installation and local advisory committees, and other EACs.
(iv) Policy and procedures for the delivery of education and related services for children with disabilities.
(8) Engage in collective bargaining and enter into collective bargaining agreements.
(9) Ensure that the DoDDS are operated in accordance with governing law and regulation and with appropriate internal controls.
(10) Enter into agreements with such domestic and foreign national school entities as are necessary to ensure the delivery of educational services under 20 U.S.C. 2701 et. seq., when no overseas dependent school operated by the Department of Defense is determined by DoDDS to be reasonably available.
(11) Accept gratuitous services offered in support of DoDDS programs and mission.
(12) Ensure timely and accurate preparation of budget execution reports and full compliance with accounting requirements in accordance with DoD 7220.9-M.
(13) Establish and operate a nonappropriated fund for the support of student activities that are not supported from appropriated funds.
(14) Establish membership in, and maintain liaison with, such professional educational associations or organizations as are necessary to maintain currency in educational developments and technologies, ensure the proper accreditation of the schools, and promote the advancement of educational goals and objectives.
(15) Serve as the Executive Secretary of the DEC.
(16) Serve as the Executive Secretary of the ACDE in accordance with 20 U.S.C. 2701 et seq.
(17) Perform other functions as may be assigned by the ASD(FM&P).
(b) The Assistant Secretary of Defense (Force Management and Personnel) shall:
(1) Recommend policies and resources for the administration of the DoDDS to the Secretary of Defense.
(2) Exercise direction, authority, and control over the Director, DoDDS, through the Director of Education, in accordance with 32 CFR part 346.
(c) The Advisory Council on Dependents’ Education shall meet periodically to:
(1) Recommend to the Director, DoDDS, general policies for operation of the defense dependents’ education system with respect to curriculum selection, administration, and operation of the system.
(2) Facilitate the exchange of information between the Director, DoDDS, and other Federal Agencies regarding educational practices and programs that are relevant to the DoDDS.
(3) Perform such other tasks as may be assigned by the ASD(FM&P).
(d) The Dependents Education Council shall meet periodically to:
(1) Consider questions of policy relating to the DoDDS.
(2) Facilitate exchange of information between the DoDDS and the Military Services.
(3) Provide advice to the ASD(FM&P) on matters pertaining to the DoDDS.
(e) The Overseas Dependents’ Schools National Advisory Panel on the Education of Disabled Dependents shall meet periodically to:
(1) Recommend to the Director, DoDDS, general policies for operation of the defense dependents’ education system with respect to education of individuals with disabilities.
(2) Facilitate the exchange of information between the Director, DoDDS, and officials of other Federal Agencies regarding practices and programs that are relevant to education of individuals with disabilities.
(3) Perform such other tasks as may be assigned by the ASD(FM&P).
(f) The Comptroller of the Department of Defense shall provide technical advice and assistance to the Director, DoDDS, on budget and financial management activities of the DoDDS.
(g) The General Counsel of the Department of Defense shall provide legal advice on the implementation of this part.
(h) The Secretaries of the Military Departments, upon request, shall provide such facilities, logistics, and administrative support as are required for the effective operation of DoDDS activities and the operation of the DEC and other educational advisory committees and councils, including travel and per diem expenses of participant members. Reimbursements for goods and services shall be made in accordance with DoD Instruction 4000.19
(a) In the performance of assigned duties, the Director, DoDDS, shall:
(1) Exchange information and advice and coordinate actions with DoD Components having collateral or related functions.
(2) Use established facilities and services in the Department of Defense and other Government Agencies, whenever practicable, to achieve maximum efficiency and economy of operations.
(3) Consult and coordinate with other governmental and nongovernmental agencies on matters related to the mission of the DoDDS.
(b) All DoD Components shall coordinate with the Director, DoDDS, as appropriate, on matters affecting the mission and operation of the DoDDS.
The Director, DoDDS, is specifically delegated authority to:
(a) Execute the responsibilities and functions described in § 347.5.
(b) Obtain reports, information, advice, and assistance, consistent with
(c) Communicate directly with appropriate representatives of the DoD Components and other governmental and nongovernmental agencies on matters related to the DoDDS.
(d) Exercise the operational and administrative authorities in appendix A to this part when delegated by the ASD(FM&P).
(a) The Director, DoDDS, shall be a civilian selected by the ASD(FM&P).
(b) The DoDDS shall be authorized such personnel, facilities, funds, and other resources as the Secretary of Defense deems necessary.
Pursuant to the authority vested in the Secretary of Defense, and subject to the direction, authority, and control of the Secretary of Defense, and in accordance with DoD policies, Directives, and Instructions, the Assistant Secretary of Defense (Force Management and Personnel) ASD(FM&P)), or in the absence of the ASD(FM&P), the person acting for the ASD(FM&P), is hereby delegated authority as required in the administration and operation of the DoDDS to:
1. Exercise the powers vested in the Secretary of Defense by 5 U.S.C. 301, 302, and 3101 on the employment, direction, and general administration of DoDDS civilian personnel.
2. Fix rates of pay for wage-rate employees exempted from the Classification Act of 1949 by 5 U.S.C. 5102 on the basis of rates established under the Coordinated Federal Wage System. In fixing such rates, the ASD(FM&P) shall follow the wage schedule established by the DoD Wage Fixing Authority.
3. Establish advisory committees and employ temporary or intermittent experts or consultants, as approved by the Secretary of Defense, for the performance of DoDDS functions consistent with 10 U.S.C. 173, 5 U.S.C. 3109(b), DoD Directive 5105.4, and the agreement between the Department of Defense and the Office of Personnel Management (OPM) on employment of experts and consultants, June 21, 1977.
4. Administer oaths of office incident to entrance into the Executive Branch of the Federal Government or any other oath required by law in connection with employment therein, in accordance with 5 U.S.C. 2903, and designate in writing, as may be necessary, officers and employees of the DoDDS to perform this function.
5. Establish a DoDDS Incentive Awards Board and authorize cash awards to, and incur necessary expenses for, the honorary recognition of civilian employees of the Government whose suggestions, inventions, superior accomplishments, or other personal efforts, including special acts or services, benefit or affect the DoDDS or its subordinate activities, in accordance with 5 U.S.C. 4503, applicable OPM regulations, and DoD Directive 5120.15.
6. In accordance with 5 U.S.C. 7532; E.O. 10450, 18 FR 2489, 3 CFR, 1949-1953 Comp., p. 936; E.O. 12333, 46 FR 59941, 3 CFR, 1981 Comp., p. 200; E.O. 12356, 47 FR 14874 and 15557, 3 CFR, 1982 Comp., p. 166; and DoD Directive 5200.2,
a. Designate any position in the DoDDS as a “sensitive” position.
b. Authorize, in case of an emergency, the appointment of a person to a sensitive position in the DoDDS for a limited period of time and for whom a full field investigation or other appropriate investigation, including the National Agency Check, has not been completed.
c. Authorize the suspension, but not terminate the services, of a DoDDS employee in the interest of national security.
7. Authorize and approve:
a. Travel for DoDDS civilian employees in accordance with Volume II, Joint Travel Regulations.
b. Invitational travel to non-DoD personnel whose consultative, advisory, or other highly specialized technical services are required in a capacity that is directly related to, or in connection with, DoDDS activities, in accordance with Volume II, Joint Travel Regulations.
c. Overtime work for DoDDS civilian employees in accordance with chapter 55, subchapter V, of 5 U.S.C. and applicable OPM regulations.
8. Develop, establish, and maintain an active and continuing Records Management Program pursuant to 44 U.S.C. 3102 and DoD Directive 5015.2.
9. Authorize the publication of advertisements, notices, or proposals in newspapers, magazines, or other public periodicals as required for the effective administration and operation of the DoDDS, consistent with 44 U.S.C. 3702.
10. Establish and maintain, for the functions assigned, an appropriate publications system for the promulgation of common supply and service regulations, instructions, and reference documents, and changes thereto,
11. Enter into support and service agreements with the Military Departments, other DoD Components, or other Government Agencies, as required, for the effective performance of DoDDS functions and responsibilities.
12. Enter into and administer contracts, directly or through a Military Department, a DoD contract administration services component, or other Federal Agency, as appropriate, for supplies, equipment, and services required to accomplish the mission of the DoDDS. To the extent that any law or Executive order specifically limits the exercise of such authority to persons at the Secretarial level of a Military Department, such authority shall be exercised by the appropriate Under Secretary or Assistant Secretary of Defense.
13. Approve waivers of indebtedness for DoDDS employees in accordance with 5 U.S.C. 5584.
The ASD(FM&P) may redelegate these authorities, as appropriate, and in writing, except as otherwise provided by law or regulation.
These delegations of authority are October 13, 1992.
10 U.S.C. 131(b).
57 FR 53564, Nov. 12, 1992, unless otherwise noted.
Under the authority vested in the Secretary of Defense under the provisions of 10 U.S.C. 131(b), this part establishes the DMPA as a DoD Field Activity under the direction, authority, and control of the Assistant Secretary of Defense (Health Affairs) (ASD(HA)), with responsibilities, functions, relationships, and authorities as outlined. The Defense Medical Support Activity, previously established under Defense Medical Support Activity, is hereby disestablished and its functions incorporated within the DMPA.
This part applies to the Office of the Secretary of Defense, the Military Departments, the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Unified and Specified Commands, the Office of the Inspector General of the Department of Defense, the Defense Agencies, and the DoD Field Activities (hereafter referred to collectively as “the DoD Components”).
(a) The Director, DMPA, shall:
(b) Develop and maintain the Department of Defense Unified Medical Program to provide resources for all medical activities.
(c) Develop, maintain, and provide guidance for an integrated system for planning, programming, and budgeting for medical facility military construction projects (to include initial construction, replacement, modification, modernization, and supporting facilities) throughout the Department of Defense and for managing the allocation of the financial resources approved for such projects.
(d) Develop, maintain, and oversee the design, enhancement, operation, procurement, and management of information systems and related communications and automated systems in support of the activities of the DoD Military Health Services System (MHSS).
(e) Manage the DoD-wide automated MHSS information systems.
(f) Provide other support for DoD military medical programs, as directed by the ASD(HA).
The DMPA shall consist of:
(a) A Director designated by the ASD(HA) from among personnel within the Office of the ASD(HA).
(b) Such additional subordinate organizational elements as are established by the Director within resources assigned by the Secretary of Defense.
(a) In performing assigned functions, the Director, DMPA, shall:
(1) Coordinate actions with the other DoD Components having collateral or related functions in the areas of assigned responsibility.
(2) Maintain liaison with the other DoD Components and other governmental and nongovernmental agencies to exchange information and advice on programs in the field of assigned responsibility.
(3) Make use of established facilities and services in the Department of Defense and other Government Agencies to avoid duplication and achieve maximum efficiency and economy.
(b) The Heads of the DoD Components shall coordinate with the Director, DMPA, on all matters relating to DMPA functions and responsibilities.
The Director, DMPA, is authorized to:
(a) Obtain from the other DoD Components, such advice, assistance, and information consistent with the policies and criteria of DoD Directive 7750.5,
(b) Communicate directly with appropriate personnel in the other DoD Components on matters related to DMPA programs and activities.
(c) Communicate directly with other governmental agencies, representatives of the legislative branch, and members of the public, as appropriate, in carrying out the responsibilities and functions assigned under this part.
(a) The Secretaries of the Military Departments shall assign military personnel to the DMPA in accordance with approved authorizations and established procedures for assignment to joint duty.
(b) Administrative support for the DMPA shall be provided by the Director, Washington Headquarters Services.
10 U.S.C. 136 and 44 U.S.C. 3506(c)(4), and E.O. 12356, 3 CFR, 1982 Comp., p. 166.
57 FR 7547, Mar. 3, 1992, unless otherwise noted.
Under the authority vested in the Secretary of Defense by title 10, United States Code, this part reissues DoD Directive 5137.1
This part applies to the Office of the Secretary of Defense (OSD), the Military Departments, the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Unified and Specified Combatant Commands, the Inspector General of the Department of Defense, the Defense Agencies, and the DoD Field Activities (hereafter referred to collectively as “the DoD Components”).
The Assistant Secretary of Defense for Command, Control, Communications, and Intelligence shall have as his principal duty the overall supervision of C31 affairs of the Department of Defense. The ASD(C31) is the principal staff assistant and advisor to the Secretary and Deputy Secretary of Defense for C31, information management (IM), counter-intelligence (CI), and security countermeasures (SCM) matters, including warning, reconnaissance, and intelligence and intelligence-related activities conducted by the Department of Defense.
In the exercise of assigned responsibilities, the Assistant Secretary of Defense for Command, Control, Communications, and Intelligence shall:
(a) Serve as principal staff assistant in carrying out the responsibilities of the Secretary of Defense as Executive Agent for the National Communications System.
(b) Serve as the Department's senior IM official pursuant to section 3506(b) of 44 U.S.C.; implement the Defense IM program, the Defense corporate IM initiative, and the principles of corporate IM throughout the Department of Defense; and ensure the proper integration of DoD computing, systems security, telecommunications, and IM activities.
(c) Conduct and account for any acquisitions made pursuant to a delegation of authority under section 111 of the Federal Property and Administrative Services Act (40 U.S.C. 759), in accordance with section 3506(c)(4) of 44 U.S.C.
(d) Serve as the Department's senior information security official pursuant to section 5.3(a) of E.O. 12356.
(e) Serve as the principal DoD official responsible for establishing software policy and practices, but shall not be responsible for computer resources, both hardware and software, that are:
(1) Physically part of, dedicated to, or essential in real time to the mission performance of weapon systems.
(2) Used for weapon system specialized training, simulation, diagnostic test and maintenance, or calibration.
(3) Used for research and development of weapon systems.
(f) Establish and implement IM policy, processes, programs, and standards to govern the development, acquisition, and operation of automated data processing (ADP) equipment by the Department of Defense, but shall not be responsible for ADP equipment that is an integral part of a weapon or weapon system, test support for a weapon or weapon system, or information technology basic research and development.
(g) Chair the Major Automated Information System Review Council (MAISRC). The ASD(C3I) shall operate the MAISRC in a manner consistent with the acquisition policies in DoD Directive 5000.1
(h) Provide program management for the General Defense Intelligence Program, the Foreign Counterintelligence Program, and the Security and Investigative Activities Program.
(i) Serve as the principal DoD official responsible for preparing and defending the Department's C3I, CI, SCM, and IM programs before the Congress.
(j) Review and advise the Secretary of Defense on C3I, CI, SCM, and IM plans and programs; review and recommend requirements and priorities to ensure that DoD requirements are fully considered in the development of these plans and programs; monitor and evaluate the responsiveness of such programs to DoD requirements, particularly their readiness to support military operations.
(k) Provide guidance, and management and technical oversight for all C3I, CI, SCM, and IM projects, programs, and systems being acquired by, or for the use of, the Department of Defense and its Components.
(l) Oversee applicable training and career development programs to ensure that trained manpower is available to support DoD C3I, CI, SCM, and IM mission needs, including manpower requirements for projected systems.
(m) Recommend, advise, and provide assistance to other OSD staff elements on C3I, CI, SCM, and IM matters relevant to the execution of their assigned responsibilities, including the execution of DoD-wide programs to improve standards of performance, economy, and efficiency.
(n) Assess the responsiveness of intelligence products to DoD requirements.
(o) Promote coordination, cooperation, and cross-Service management of joint C3I, IM, CI, and SCM programs to ensure essential interoperability is achieved within the Department of Defense and between the Department of Defense and other Federal Agencies and the civilian community.
(p) Participate, as appropriate, in the DoD planning, programming, and budgeting system for C3I, IM, CI, and SCM activities by reviewing proposed DoD resource programs, formulating budget estimates, recommending resource allocations and priorities, and monitoring the implementation of approved programs.
(q) Establish policy and provide direction to the DoD Components on all matters concerning the assigned functional areas in paragraphs (q)(1) through (q)(26) of this section; serve as the primary focal point for staff coordination on these matters within the Department of Defense, with other Government Departments and Agencies, and with foreign governments and international organizations to which the United States is party; and provide DoD representation to foreign governments and intergovernmental and international organizations when dealing with these matters.
(1) Strategic, theater, and tactical nuclear and conventional command and control.
(2) Information networks.
(3) C3I-related space systems.
(4) Special technology and systems.
(5) Telecommunications.
(6) Identification, navigation, and position fixing systems.
(7) Strategic C3 countermeasures.
(8) Air traffic control and airspace management.
(9) Surveillance, warning, and reconnaissance architectures.
(10) North Atlantic Treaty Organization C3I architectures and systems.
(11) Information systems security.
(12) Intelligence programs, systems, and equipment.
(13) National Communications System activities.
(14) Radio frequency policy and management.
(15) Mapping, charting, and geodsey.
(16) Integration and/or interface of national and tactical C3I systems and programs.
(17) C3I, IM, CI, and SCM career development, including DoD foreign language training.
(18) Information management activities.
(19) Counter-narcotics C3I activities.
(20) C3I, IM, CI, and SCM technology programs and activities.
(21) Counterintelligence operations and investigations policy and programs.
(22) Defense investigative activities, to include personnel security investigations, unauthorized disclosures of classified information, and polygraph examinations.
(23) Security countermeasures activities, to include physical security, personnel security, industrial security, and security classification and safeguards policy and programs.
(24) Operations security and counterimagery security.
(25) Security-related research, including personnel security and polygraph activities.
(26) Data and information systems standardization programs, including DoD-wide data administration.
(r) Perform such other duties as the Secretary of Defense may assign.
(a) In the performance of all assigned duties, the ASD(C3I) shall:
(1) Report directly to the Secretary and Deputy Secretary of Defense.
(2) Exercise direction, authority, and control over:
(i) Defense Information Systems Agency.
(ii) Defense Intelligence Agency.
(iii) Defense Mapping Agency.
(iv) Defense Investigative Service.
(v) Defense Support Project Office.
(vi) Intelligence Program Support Group.
(vii) Defense Polygraph Institute.
(viii) DoD Security Institute.
(ix) Defense Personnel Security Research Center.
(3) Exercise staff supervision over:
(i) National Security Agency/Central Security Service.
(ii) Air Force and Navy Special Intelligence Programs.
(iii) Electromagnetic Compatibility Analysis Center.
(iv) Defense Courier Service.
(4) Coordinate and exchange information with other OSD officials and heads of DoD Components exercising collateral or related functions.
(5) Use existing facilities and services of the Department of Defense and other
(6) Work closely with the Director of Central Intelligence to ensure effective complementarity and mutual support between DoD intelligence programs, including DoD programs in the National Foreign Intelligence Program, and non-DoD intelligence programs.
(b) ASD(C3I) acquisition-related activities shall be subject to review by the DAB in accordance with DoD Directive 5000.1 and DoD Directive 5000.49,
(c) Other OSD officials and heads of the DoD Components shall coordinate with the ASD (C3I) on all matters related to the functions cited in this section.
(a) The ASD(C3I) is hereby delegated authority to:
(1) Issue DoD Instructions, DoD publications, and one-time directive-type memoranda, consistent with DoD 5025.1-M,
(2) Obtain reports, information, advice, and assistance, consistent with DoD Directive 7750.5,
(3) Communicate directly with heads of the DoD Components. Communications to the Commanders in Chief of the Unified and Specified Combatant Commands shall be transmitted through the Chairman of the Joint Chiefs of Staff.
(4) Communicate with other Government Agencies, the Executive Office of the President, representatives of the legislative branch, and members of the public, as appropriate, in carrying out assigned functions.
(5) Establish arrangements and appoint representation for DoD participation in non-defense governmental programs for which the ASD(C3I) is assigned DoD cognizance, to include national-level committees.
(6) Waive Federal Information Processing Standards, granted by the Secretary of Commerce Memorandum. The ASD(C3I) may redelegate this authority to the senior officials of the Military Departments designated pursuant to 44 U.S.C. 3506(b). This authority is subject to the conditions specified in the procedures of Secretary of Commerce Memorandum, “Procedures for Waivers for the Federal Information Processing Standards.”
(7) Make original security classification determinations at the Top Secret level in accordance with E.O. 12356. This authority may be redelegated, as appropriate, and in writing, pursuant to section 1.2(d)(2) of E.O. 12356.
(b) The ASD(C3I) also is hereby delegated the authorities contained in enclosure 3 of DoD Directive 5105.19,
10 U.S.C. 113.
55 FR 50179, Dec. 5, 1990, unless otherwise noted.
Pursuant to the authority vested in the Secretary of Defense under provisions of title 10, United States Code, this part establishes the Defense Finance and Accounting Service (DFAS) as an Agency of the Department of Defense with responsibilities, functions, authorities, and relationships.
This part applies to the Office of the Secretary of Defense (OSD); the Military Departments; the Chairman, Joint Chiefs of Staff and Joint Staff; the Unified and Specified Commands; the Inspector General of the Department of Defense (IG, DoD); the Defense Agencies; and the DoD Field Activities (hereafter referred to collectively as “DoD Components”)
(a) The DFAS is established as an Agency of the Department of Defense under the direction, authority, and control of the Comptroller of the Department of Defense (C, DoD).
(b) The DFAS shall consist of a Director, selected by the Secretary of Defense, and such subordinate organizational elements as are established by the Director within resources authorized by the Secretary of Defense.
(c) Military personnel shall be assigned to the DFAS in accordance with approved authorizations and procedures for assignment to joint duty.
(a) The Director, Defense Finance and Accounting Service (DFAS), is the principal DoD executive for finance and accounting requirements, systems, and functions identified in DoD Directive 5118.3,
(1) Organize, direct, and manage the DFAS and all assigned resources.
(2) Direct finance and accounting requirements, systems, and functions for all appropriated, nonappropriated, working capital, revolving, and trust fund activities, including security assistance.
(3) Establish and enforce requirements, principles, standards, systems, procedures, and practices necessary to comply with finance and accounting statutory and regulatory requirements applicable to the Department of Defense.
(4) Provide finance and accounting services for DoD Components and other Federal activities, as designated by the C, DoD.
(5) Direct the consolidation, standardization, and integration of finance and accounting requirements, functions, procedures, operations, and systems within the Department of Defense and ensure their proper relationship with other DoD functional areas (e.g., budget, personnel, logistics, acquisition, civil engineering, etc.).
(6) Execute statutory and regulatory financial reporting requirements and render financial statements.
(7) Serve as the proponent for civilian professional development in finance and accounting disciplines, and act as approval authority for competency standards and training requirements for appropriate military positions within the DFAS.
(8) Provide advice and recommendations to the C, DoD, on finance and accounting matters.
(9) Approve the establishment or maintenance of all finance and accounting activities independent of the DFAS.
(10) Develop, issue, and maintain DoD 7220.9-M,
(11) Perform other functions as the Secretary of Defense, Deputy Secretary of Defense, or the C, DoD, may prescribe.
(b) The Comptroller of the Department of Defense (C, DoD) shall provide guidance and direction to the Director, DFAS, on policies and procedures related to the development and operation of DFAS programs and systems.
(c) The Heads of DoD Components shall:
(1) Comply with the requirements, principles, standards, procedures, and practices issued pursuant to § 352a.4(a).
(2) Obtain finance and accounting services from the DFAS.
(3) Provide facilities, personnel, and other support and assistance required to accomplish DFAS objectives, consistent with this Directive and the responsibilities and functions in § 352a.4(a) and the authorities in § 352a.6.
(d) Operational commanders shall continue to be responsible for the control, location, and safety of deployed accounting and finance personnel and resources.
(a) In the performance of assigned responsibilities and functions, the Director, DFAS, shall:
(1) Maintain liaison with DoD Components, other Government Agencies, foreign governments, and private sector organizations for the exchange of information concerning assigned programs, activities, and responsibilities.
(2) Use established facilities and services of the Department of Defense and other Federal Agencies, whenever practicable, to avoid duplication and to achieve modernization, efficiency, economy, and user satisfaction.
(b) The heads of DoD Components shall coordinate with the Director, DFAS, on all matters related to the responsibilities and functions listed in § 352a.4(a).
The Director, DFAS, is specifically delegated authority to:
(a) Represent the C, DoD, on finance and accounting matters.
(b) Have free and direct access to, and communicate with, DoD Components and other Executive Departments and Agencies concerning finance and accounting activities, as necessary.
(c) Enter into agreements with DoD Components and other Government or Non-Government entities for the effective performance of the DFAS mission and programs.
(d) Establish DFAS facilities if needed facilities or services of other DoD Components are not available. Establishment of new facilities and services will be accomplished during normal program and budget processes.
(e) Obtain reports, information, advice, and assistance from DoD Components, consistent with the policies and criteria of DoD Directive 7750.5.
Pursuant to the authority vested in the Secretary of Defense, and subject to the direction, authority, and control of the Secretary of Defense, and in accordance with DoD policies, Directives, and Instructions, the Director, Defense Finance and Accounting Service (DFAS), or in the absence of the Director, the person acting for the Director, is hereby delegated authority as required in the administration and operation of the DFAS to:
1. Establish advisory committees and employ part-time advisors, as approved by the Secretary of Defense, in support of assigned DFAS functions pursuant to 10 U.S.C. 173; Pub. L. 92-463, “Federal Advisory Committe Act”; and DoD Directive 5105.4
2. Designate any position in the DFAS as a “sensitive” position, in accordance with 5 U.S.C. 7532; Executive Order 10450, as amended; and DoD Directive 5200.2
a. Authorize, in case of an emergency, the appointment to a sensitive position, for a limited period of time, of a person for whom a full field investigiation or other appropriate investigation, including the National Agency Check, has not been completed.
b. Authorize the suspension, but not terminate the service, of the employee in the interest of national security.
3. Authorize and approve overtime work for assigned civilian personnel in accordance with 5 U.S.C. chapter 55, subchapter V, and applicable Office of Personnel Management (OPM) regulations.
4. Authorize and approve:
a. Travel for assigned personnel, in accordance with Joint Travel Regulations.
b. Invitational travel to persons serving without compensation whose consultative, advisory, or other services are required for assigned activities and responsibilities pursuant to 5 U.S.C. 5703.
5. Approve the expenditure of funds available for travel by assigned or detailed military personnel for expenses regarding attendance at meetings of technical, scientific, professional, or other similar organizations in such instances when the approval of the Secretary of Defense, or designee, is required by law (37 U.S.C. 412 and 5 U.S.C. 4110 and 4111). This authority cannot be redelegated.
6. Develop, establish, and maintain an active and continuing Records Management Program and DoD Directive 5015.2
7. Establish and use imprest funds for making small purchases of material and services, other than personal services, when it is determined more advantageous and consistent with the best interests of the Government, in accordance with DoD Directive 7360.10
8. Authorize the publication of advertisements, notices, or proposals, in newspapers, magazines, or other public periodicals as required for the effective administration and operation of assigned responsibilities, consistent with 44 U.S.C. 3702.
9. Establish and maintain appropriate property accounts, appoint Boards of Survey, approve reports of survey, relieve personal liability, and remove accountability for Agency property contained in the authorized property accounts that has been lost, damaged, stolen, destroyed, or otherwise rendered unserviceable, in accordance with applicable laws and regulations.
10. Promulgate the necessary security regulations for the protection of property placed under the jurisdiction of the Director, pursuant to DoD Directive 5200.8
11. Establish and maintain a publications system for the promulgation of common accounting and finance regulations, instructions, and reference documents, and changes thereto, pursuant to the policies and procedures prescribed in DoD 5025.1-M
12. Exercise the powers vested in the Secretary of Defense by 5 U.S.C. 310, 302(b), and 3101 of the employment, direction, and general administration of assigned employees.
13. Administer oaths of office to those entering the Executive branch of the Federal Government or any other oath required by law in connection with employment therein, in accordance with 5 U.S.C. 2903, and designate in writing, as may be necessary, officers and employees of the DFAS to perform this function.
14. Establish a DFAS Incentive Awards Board, and pay cash awards to, and incur necessary expenses for the honorary recognition of, civilian employees of the Government whose suggestions, inventions, superior accomplishments, or other personal efforts, including special acts or services, benefit or affect the DFAS or its subordinate activities, in accordance with 5 U.S.C. 4503, OPM regulations, and DoD Directive 5120.15
15. Act as an agent for the collection and payment of employment taxes imposed by Chapter 21 of the Internal Revenue Code of 1954, as amended; and, as such agent, make all determinations and certification required or provided for under the Internal Revenue Code of 1954, as amended (26 U.S.C. 3122), and the Social Security Act (42 U.S.C. 405(p)(1) and (2)), as amended, on assigned employees.
16. Enter into and administer contracts directly or through a Military Department, a DoD contracting administration service component, or other Government Department or Agency, as appropriate, for supplies, equipment, and services required to accomplish the DFAS mission.
17. Oversee disbursing officials and operations in accordance with the procedures of 31 U.S.C., as follows:
a. Manage the approval and appointment process for disbursing and certifying officials pursuant to 31 U.S.C. 3321 and 3325.
b. Make determinations and recommendations with respect to the granting of relief to disbursing officials pursuant to the authority contained in 31 U.S.C. 3527.
c. Approve requests to hold cash at personal risk for authorized purposes, including imprest funds, and to redelegate such authority as appropriate in the administration and control of DoD funds, consistent with
d. Approve DoD Component disbursing regulations developed to implement the TFM and to grant waivers when delegated by the Secretary of the Treasury to heads of Executive Departments and Agencies.
10 U.S.C. 136.
47 FR 32111, July 26, 1982, unless otherwise noted.
This part establishes, pursuant to the authority vested in the Secretary of Defense under Title 10, U.S.C., 136, one of the positions of Assistant Secretary of Defense as Assistant Secretary of Defense (Legislative Affairs) (ASD(LA)), with responsibilities, functions, and authorities as prescribed herein.
The
(a) Provide advice and assistance concerning congressional aspects of DoD policies, plans, and programs.
(b) Coordinate actions relating to congressional consideration of the DoD legislative program.
(c) Coordinate DoD participation in congressional hearings and investigations.
(d) Assign responsibility for, and coordinate responses to, congressional inquiries.
(e) Process and coordinate requests for DoD support of congressional travel.
(f) Arrange for the designation and appearance of witnesses and provision of information at congressional hearings.
(g) Coordinate the preparation of all congressional testimony and backup material for the Secretary and Deputy Secretary of Defense.
(h) Provide for DoD processing of personal security clearances for members of congressional staffs.
(i) Perform such other duties as the Secretary of Defense may assign.
(a) In the performance of his duties, the ASD(LA) shall:
(1) Coordinate and exchange information with DoD Components having collateral or related functions.
(2) Use existing facilities and services of the Department of Defense or other federal agencies to avoid duplication and achieve maximum efficiency and economy.
(b) Heads of DoD Components shall coordinate with the ASD(LA) on all matters related to the functions cited in
The ASD(LA) is hereby delegated authority to:
(a) Issue DoD Instruction and one-time directive-type memoranda, consistent with DoD Directive 5025.1, “DoD Directives System,” October 16, 1980 which carry out policies approved by the Secretary of Defense in assigned fields of responsibility. Instructions to the Military Departments shall be issued through the Secretaries of those Departments, or their designees. Instructions to Unified and Specified Commands will be issued through the Joint Chiefs of Staff.
(b) Obtain reports, information, advice, and assistance consistent with the policies and criteria of DoD Directive 5000.19, “Policies for the Management and Control of Information Requirements,” March 12, 1976, as necessary.
(c) Communicate directly with DoD Components. Communications to the Commanders of Unified and Specified Commands shall be coordinated with the Joint Chiefs of Staff.
(d) Communicate with the Executive Office of the President, other Government agencies, representatives of the legislative branch, and members of the public, as appropriate, in carrying out assigned functions.
10 U.S.C. 193.
56 FR 31540, July 11, 1991, unless otherwise noted.
This part changes the name of the Defense Communications Agency (DCA) to the Defense Information Systems Agency (DISA) and revises the responsibilities, functions, relationships, and authorities of the DISA. For the purposes of 10 U.S.C. 193, any other law or regulation, or for any other purpose, DISA will perform the functions of the Defense Communications Agency.
(a)
(2) The DCS includes fixed, transportable, and mobile facilities. It consists of:
(i) Switching and/or relay facilities to include associated software of the general purpose (common user) networks, such as Defense Switched Network (DSN), Automatic Digital Network (AUTODIN), Defense Data Network (DDN), and Secure Voice System.
(ii) Transmission media and/or circuits that provide user and/or subscriber connection into the DCS networks, or which interconnect the switching and/or relay facilities and/or the user and/or subscriber terminals in use by the DCS. This includes the assets of the Defense Satellite Communications System, except those portions that are specifically excluded from the DCS.
(3) Although the DISA specifies the interconnection and interface standards when operated with DCS networks, the DCS does not include:
(i) Mobile and/or transportable communications facilities and assets organic to Army, Navy, Air Force, and Fleet Marine forces, unless specifically designated as components of the DCS.
(ii) Ship and/or ship, ship and/or shore, air and/or air, air and/or ground, and other tactical telecommunications.
(iii) Post, camp, base, and station user and/or subscriber facilities and terminals.
(iv) On-site telecommunications facilities associated with or integral to weapons systems and to missile launch complexes, including those required for countdown, command, control, weapons destruct, and range safety.
(v) Consoles and display devices integral to the Unified and Specified Command Centers, their DoD Component Headquarters, and the Military Services’ operations centers.
(b)
(c)
(d) Military Departments’ Operations and Maintenance Commands. The Army Information Systems Command, Air Force Communications Command, and the Naval Computers and Telecommunications Command.
(e) Military Satellite Communications (MILSATCOM) Systems. The totality of existing and planned DoD satellite communications capability consisting of the space, ground, and control segments. MILSATCOM systems include the interfaces between satellite systems and ground segments, and the interfaces with other communications systems.
(f)
(2) The mission of the NCS is to assist the President, the National Security Council, the Director of the Office of Science and Technology Policy, and the Director of the Office of Management and Budget in:
(i) The exercise of the telecommunications functions and responsibilities assigned in E.O. 12472.
(ii) The coordination of the planning for, and provision of, national security emergency preparedness communications for the Federal Government under all circumstances, including crisis or emergency, attack, recovery, and reconstitution.
(g)
(h)
(i)
(1) The form or format in which information is to be exchanged.
(2) The prescribed information exchange language, syntax, and vocabulary to be used in the information exchange.
(3) Interface operating procedures that govern the information exchange.
(j)
(k)
The DISA is responsible for planning, developing, and supporting command, control, communications (C3), and information systems that serve the needs of the National Command Authorities (NCA) under all conditions of peace and war. It provides guidance and support on technical and operational C3 and information systems issues affecting the Office of the Secretary of Defense (OSD), the Military Departments, the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Unified and Specified Commands, and the Defense Agencies (hereafter referred to collectively as “the DoD Components”). It ensures the interoperability of the Worldwide Military Command and Control System (WWMCCS), the Defense Communications System (DCS), theater and tactical command and control systems, North Atlantic Treaty Organization and/or allied C3 systems, and those national and/or international commercial systems that affect the DISA mission. It supports national security emergency preparedness telecommunications functions of the National Communications System (NCS), as prescribed by E.O. 12472.
The DISA is established as a Combat Support Agency of the Department of Defense, and shall be under the direction, authority, and control of the Assistant Secretary of Defense for Command, Control, Communications, and Intelligence (ASD(C3I)). It shall consist of a Director and such subordinate organizational elements as are established by the Director within the resources authorized by the Secretary of Defense.
(a) The Director, Defense Information Systems Agency, shall:
(1) Organize, direct, and manage the DISA and all assigned resources consistent with this part.
(2) Provide technical and management advice, and perform planning, support systems engineering, and test and/or evaluation support through the design, development, deployment, and evolution of the WWMCCS, as defined in DoD Directive 5100.30.
(3) Perform systems engineering for the DCS and ensure that the DCS is planned, improved, operated, maintained, and managed effectively and efficiently. Ensure that end-to-end interoperability and architecture are adequate to meet mission needs. Exercise program management responsibility with management control over the activities of the DoD Components that directly support the establishment and improvement of the DCS.
(4) In consultation with the Chairman of the Joint Chiefs of Staff, formulate the DoD-wide Military Satellite Communications (MILSATCOM) architecture. Analyze user requirements and maintain the user data base. Define system performance criteria for MILSATCOM systems. Establish, in coordination with the DoD Components, overall goals and long-term system plans and transitions for MILSATCOM systems. Perform general systems engineering to promote end-to-end interoperability and performance to meet mission needs. Analyze, on a continuing basis, Military Service programs, plans, budgets, and MILSATCOM systems performance deficiencies, and recommend corrective
(5) Ensure the end-to-end interoperability of strategic and tactical C3 and information systems used by the NCA and the DoD Components for joint and combined operations. Develop and maintain joint architectures, technical and procedural interface standards, specifications, protocols, and definitions; and test and/or verify the interoperability of hardware and procedures for strategic and tactical C3 and information systems. Recommend certification for these systems and their equipment interfaces. With respect to tactical command, control, communications, and intelligence (C3I) systems, DoD Directive 4630.5
(6) Provide automated information systems, analytical, and other technical support for Chairman of the Joint Chiefs of Staff- and OSD-managed programs. Manage, design, develop, maintain, test, and evaluate standard operating systems and applications software for the WWMCCS, as directed. Assist in implementing configuration control over evolving information systems.
(7) Develop systems architectures and provide systems engineering support. Ensure the evolution of integrated C3 and information systems supporting the NCA's and DoD Components’ capability to effectively employ weapon systems and forces. Identify and implement technical improvements and assist the Chairman of the Joint Chiefs of Staff and the Commanders of the Unified and Specified Commands in identifying C3 systems’ deficiencies.
(8) Manage nationally sensitive special C3 programs, as directed by higher authority.
(9) Acquire commercial communications services (e.g., long-haul telecommunications circuits, facilities, networks, and associated equipment) for the Department of Defense and other Federal Agencies, as directed; initiate and manage actions relating to regulatory and tariff matters, including rates for these commercial communications services; and manage and maintain the Communications Services Industrial Fund.
(10) Execute tasks as manager of the NCS as may be assigned by law or directed by the Secretary of Defense in the Secretary's capacity as Executive Agent of the NCS.
(11) Review Military Department programs and budgets related to the DISA mission, and recommend actions, through the ASD(C3I), to the Secretary of Defense.
(12) Provide DoD representation and/or participation in selected national and international C3 activities.
(13) Assist OSD and Chairman of the Joint Chiefs of Staff activities by assessing technology; recommend and conduct a program of research, development, test, and evaluation (RDT&E) necessary to ensure that C3 systems remain capable of performing their assigned functions in threatened environments. Monitor and coordinate, as appropriate, DoD Component C3 RDT&E programs.
(14) Exercise operational direction and management control of the DCS through the DISA Operations Control Complex and the Military Departments’ operations and maintenance commands. Perform circuit engineering and allocation, and direct restoral for the DCS, in coordination with the NCS's National Coordinating Center.
(15) Establish and maintain a major field independent operational test capability, as an Operational test agency (OTA) under the director, and conduct operational test and evaluation (OT&E) in accordance with DoD Directive 5000.1.
(16) Serve as Executive Agent and authority for the Joint Interoperability of Tactical Command and Control Systems Program and the Tactical C3I Interoperability Improvement Program.
(17) Provide administrative support to the White House Communications Agency and to the Office of Emergency Operations.
(18) Serve on the Military Communications Electronics Board.
(19) Provide liaison with, and communications support for, the United States Secret Service in accordance with DoD Directive 3025.13.
(20) Develop and maintain databases of developmental and existing interoperability standards.
(21) Coordinate information system security (communications security and computer security) interoperability requirements with cognizant DoD Components.
(22) Review tactical C3 Fielding Plans and define interface specifications, develop and maintain a joint tactical C3 architecture defining joint tactical communications systems (including nonstrategic nuclear forces C3) required to ensure interoperability and information flow among command and control (C2) systems.
(23) Develop, test, and maintain technical and procedural interface standards to be used by tactical C3 systems in joint or combined military operations, in accordance with guidance provided by the Chairman of the Joint Chiefs of Staff, and verify that such systems have implemented the approved interface standards.
(24) Monitor and coordinate strategic and/or tactical C3 programs for which the DISA has responsibility, but which are included in the programs of other DoD Components and Government Agencies, and monitor other programs that may affect tactical C3 interoperability.
(25) Provide source documents from which the DoD Components can develop training materials to facilitate implementation of the tactical C3 architecture.
(26) Develop and maintain databases of tactical C3 developmental and existing interoperability standards.
(27) Coordinate secure tactical C3 communications interoperability requirements with the National Security Agency (NSA)/Central Security Service (CSS), the Defense Intelligence Agency, the Military Departments, and the Chairman of the Joint Chiefs of Staff.
(28) In coordination with NSA/CSS and the Military Departments, and in accordance with DoD Directive C-5200.5,
(29) Provide technical support to the ASD(C3I) in the implementation of the Defense information management program and the Defense corporate information management initiative, to include administrative and technical support as directed by the ASD(C3I).
(30) Support the technical implementation of the Defense information management program and the Defense corporate information management initiative DoD-wide, to include the development and use of process, data, performance and economic models, and related tools; assisting in the development, coordination and execution of the DoD data administration program; providing, as tasked, information services to include operation and design activities and data processing centers; and assisting in the assessment of DoD information services’ efficiency and effectiveness.
(31) Perform such other functions as may be assigned by the ASD(C3I)
(b) [Reserved]
(a) In performing assigned functions, the Director, DISA, shall:
(1) Subject to the direction, authority, and control of the ASD(C3I), be responsible to the Chairman of the Joint Chiefs of Staff for operational matters as well as requirements associated with the joint planning process. For these purposes, the Chairman of the Joint Chiefs of Staff is authorized to communicate directly with the Director, DISA, and may task the Director, DISA to the extent authorized by the ASD(C3I).
(2) Coordinate actions, as appropriate, with other DoD Components and those Departments and Agencies of Government having related functions.
(3) Maintain liaison with other DoD Components and other Agencies of the Executive Branch for the exchange of
(4) Use established facilities and services in the Department of Defense or other Government Agencies, whenever practicable, to achieve maximum efficiency and economy.
(b) The Secretaries of the Military Departments and the Directors of the Defense Agencies shall:
(1) Provide support to include planning, programming, and budgeting; test and evaluation; operations and maintenance; and integrated logistics support for programs, projects, and systems for which the DISA is responsible.
(2) Advise the Director, DISA, of funding shortfalls that would prevent effective operations and maintenance of existing systems, or prevent or delay scheduled implementation of new subsystems or projects.
(3) Coordinate with the Director, DISA, on all programs and activities that include, or are related to, C3 and information systems for which the DISA has a primary or collateral responsibility. Provide to the DISA, for review and approval before execution, technical specifications, statements of work, and proposed contract changes impacting on configuration, cost, performance, or schedules of all systems for which the DISA is responsible. Obtain the DISA's concurrence on draft acquisition plans and request DISA representation on source selection advisory councils and source selection evaluation boards for C3 and information systems, subsystems, and projects.
(4) Submit C3 and information systems requirements to the DISA, as appropriate.
(5) Submit copies of all requirements involving development, acquisition, or modification of all tactical C3 systems or equipment, copies of all Test and Evaluation Master Plans for such materials, Fielding Plans, and such other reports, as required by DoD Directive 4630.5, to the Director, Joint Tactical Command, Control, and Communications Agency.
(6) Periodically review the efficiency, economy, and effectiveness of the DISA.
(c) The Chairman of the Joint Chiefs of Staff shall:
(1) Review DCS planning and programming documents, and assess their responsiveness to operational, developmental, and training requirements.
(2) Periodically (not less than every 2 years), submit to the Secretary of Defense a report on DISA's responsiveness and readiness to support operating forces in the event of war or threat to national security, and other recommendations as appropriate.
(3) Advise the Secretary of Defense on C3 and information systems requirements and priorities.
(4) Develop and issue jointly with the ASD(C3I) guidance to the DISA and the Unified and Specified Commands that will serve as the basis for interrelationships between these organizations.
(5) Provide for the participation of DISA in joint training exercises and monitor performance.
The Director, DISA, is specifically delegated authority to:
(a) Communicate directly with heads of the DoD Components and other Executive Departments and Agencies, as necessary, to carry out DISA's responsibilities and functions. Communications to the Commanders in Chief of the Unified and Specified Commands shall be coordinated as appropriate with the Chairman of the Joint Chiefs of Staff.
(b) Obtain reports, information, advice, and assistance consistent with the policies and criteria of DoD Directives 4630.5 and 7750.5,
(c) Exercise the administrative authorities in appendix A to part 362 when delegated by the ASD(C3I).
(a) The Director and the Deputy Director, DISA, shall be appointed by the Secretary of Defense.
(b) The Military Departments shall assign military personnel to the DISA in accordance with approved authorizations and procedures for assignment to joint duty. The Chairman of the Joint Chiefs of Staff shall review and provide recommendations on the DISA joint
Pursuant to the authority vested in the Secretary of Defense, and subject to the direction, authority, and control of the Secretary of Defense, and in accordance with DoD policies, Directives, Instructions, the Assistant Secretary of Defense for Command, Control, Communications, and Intelligence (ASD(C3I)), or in the absence of the ASD(C3I), the person acting for the ASD(C3I), is hereby delegated authority as required in the administration and operation of the DISA to:
1. Exercise the powers vested in the Secretary of Defense by 5 U.S.C. 301, 302(b), and 3101 on the employment, direction, and general administration of DISA civilian personnel.
2. Fix rates of pay for wage-rate employees exempted from the Classification Act of 1949 by 5 U.S.C. 5102 on the basis of rates established under the Coordinated Federal Wage System. In fixing such rates, the ASD(C3I), shall follow the wage schedule established by the DoD Wage Fixing Authority.
3. Establish advisory committees and employ temporary or intermittent experts or consultants, as approved by the Secretary of Defense, for the performance of DISA functions consistent with the 10 U.S.C. 173; 5 U.S.C. 3109(b); DoD Directive 5105.4,
4. Administer oaths of office incident to entrance into the Executive Branch of the Federal Government or any other oath required by law in connection with employment therein, in accordance with 5 U.S.C. 2903, and designate in writing, as may be necessary, officers and employees of the DISA to perform this function.
5. Establish a DISA Incentive Awards Board and authorize cash awards to, and incur necessary expenses for, the honorary recognition of civilian employees of the Government whose suggestions, inventions, superior accomplishments, or other personal efforts, including special acts or services, benefit or affect the DISA or its subordinate activities, in accordance with 5 U.S.C. 4503, applicable OPM regulations, and DoD Directive 5120.15,
6. In accordance with 5 U.S.C. 7532; Executive Orders 10450, 12333, and 12356; and DoD Directive 5200.2,
a. Designate any position in the DISA as a “sensitive” position.
b. Authorize, in case of an emergency, the appointment of a person to a sensitive position in the DISA for a limited period of time and for whom a full field investigation or other appropriate investigation, including the National Agency Check, has not been completed.
c. Authorize the suspension, but not terminate the services, of a DISA employee in the interest of national security.
d. Initiate investigations, issue personnel security clearances and, if necessary, in the interest of national security, suspend, revoke, or deny a security clearance for personnel assigned, detailed to, or employed by the DISA. Any action to deny or revoke a security clearance shall be taken in accordance with procedures prescribed in DoD 5200.2-R,
7. Act as agent for the collection and payment of employment taxes imposed by chapter 21 of the Internal Revenue Code of 1954, as amended; and, as such agent, make all determinations and certifications required or provided for under section 3122 of the Internal Revenue Code of 1954, as amended, and section 205(p) (1) and (2) of 42 U.S.C. (Social Security Act), as amended, with respect to DISA employees.
8. Authorize and approve:
a. Temporary duty travel for military personnel assigned or detailed to the DISA in accordance with Volume I, Joint Federal Travel Regulations.
b. Travel for DISA civilian officers and employees in accordance with Volume II, Joint Travel Regulations.
c. Invitational travel to non-DoD employees whose consultative, advisory, or other highly specialized technical services are required in a capacity that is directly related to, or in connection with, DISA activities, in accordance with Volume II, Joint Travel Regulations.
d. Overtime work for DISA civilian employees in accordance with chapter 55, subpart V, of 5 U.S.C. and applicable OPM regulations.
9. Approve the expenditure of funds available for travel by military personnel assigned or detailed to the DISA for expenses incident to attendance at meetings of technical, scientific, professional, or other similar organizations in such instances where the approval of the Secretary of Defense, or designee, is required by 37 U.S.C. 412, and 5 U.S.C. 4110 and 4111.
10. Develop, establish, and maintain an active and continuing Records Management Program pursuant to 44 U.S.C. 3102 and DoD Directive 5015.2,
11. Establish and use imprest funds for making small purchases of material and services, other than personal services, for the DISA, when it is determined more advantageous and consistent with the best interests of the Government, in accordance with DoD Directive 7360.10,
12. Authorize the publication of advertisements, notices, or proposals in newspapers, magazines, or other public periodicals as required for the effective administration and operation of the DISA consistent with 44 U.S.C. 3702.
13. Establish and maintain appropriate property accounts for the DISA, and appoint Boards of Survey, approve reports of survey, relieve personal liability, and drop accountability for DISA property in the authorized property accounts that has been lost, damaged, stolen, destroyed, or otherwise rendered unserviceable, in accordance with applicable laws and regulations.
14. Promulgate the necessary security regulations for the protection of property and places under the jurisdiction of the Director, DISA, pursuant to DoD Directive 5200.8,
15. Establish and maintain, for the functions assigned, an appropriate publications system for the promulgation of common supply and service regulations, instructions, and reference documents, and changes thereto, pursuant to the policies and procedures prescribed in DoD 5025.1-M,
16. Enter into support and service agreements with the Military Departments, other DoD Components, or other Government Agencies, as required, for the effective performance of DISA functions and responsibilities.
17. Exercise the authority delegated to the Secretary of Defense by the Administrator of General Services on the disposal of surplus personal property.
18. Enter into and administer contracts, directly or through a Military Department, a DoD contract administration services component, or other Federal Agency, as appropriate, for supplies, equipment, and services required to accomplish the mission of the DISA. To the extent that any law or Executive order specifically limits the exercise of such authority to persons at the Secretarial level of a Military Department, such authority shall be exercised by the appropriate Under Secretary or Assistant Secretary of Defense.
19. Award contracts for the lease of commercial C3 capabilities as delegated in DoD Directive 5134.1,
20. Lease property under the control of the DISA under terms that will promote the national defense or that will be in the public interest, pursuant to 10 U.S.C. 2667.
The ASD(C3I) may redelegate these authorities, as appropriate, and in writing, except as otherwise provided by law or regulation.
These delegations of authority are effective June 25, 1991.
10 U.S.C. chapter 4.
43 FR 57875, Dec. 11, 1978, unless otherwise noted.
Pursuant to authority vested in the Secretary of Defense under the provisions of title 10, United States Code, this part establishes the Defense Security Assistance Agency (hereafter referred to as “DSAA”) and defines responsibilities, functions, authorities and relationships of DSAA as outlined below.
DSAA shall direct, administer, and supervise the execution of security assistance programs. “Security assistance” as used in this part, refers to the responsibilities of the Secretary of Defense under the Foreign Assistance Act of 1961, as amended, the Arms Export Control Act, as amended, related statutory authorities and Executive Orders and Directives relating to the administration of Military Assistance, International Military Education and Training, credit financing and Foreign Military Sales, DoD Directives 5132.3, 5100.27, and 5105.20.
(a) DSAA is established as a separate agency of the Department of Defense under the direction, authority and control of the Assistant Secretary of Defense (International Security Affairs) (hereinafter referred to as “ASD(ISA)”).
(b) DSAA shall consist of a Director and such subordinate organizational elements as are established by the Director within resources authorized by the Secretary of Defense.
(c) The Director, DSAA, may also serve as Deputy Assistant Secretary of Defense (Security Assistance) in the Office of the ASD(ISA).
(a) The
(1) Organize, direct and manage the DSAA and all resources assigned to the DSAA.
(2) Direct, administer, and supervise, within the policies established by the ASD(ISA), Security Assistance planning and programs. The administration of sales programs may be delegated in whole or in part to the Military Departments, but such administration will be under the direction and supervision of the DSAA.
(3) Supervise formulation of detailed Security Assistance programs in accordance with approved guidance and policies.
(4) Coordinate the formulation and execution of Security Assistance programs with other governmental agencies under the guidance of the ASD(ISA).
(5) Review evaluations of Security Assistance program administration, including responsibility with respect to GAO and other audits.
(6) Conduct international logistics and sales negotiations with foreign countries, as directed by the ASD(ISA) and in coordination with the Under Secretary of Defense for Research and Engineering and the Assistant Secretary of Defense (Manpower, Reserve Affairs and Logistics), as appropriate.
(7) Serve as DoD focal point for liaison with U.S. industry with respect to Security Assistance activities.
(8) Manage the credit financing program, including the conclusion of credit agreements and the issuance of guaranties.
(9) Develop and promulgate Security Assistance procedures (MASM) 5105.38-M.
(10) Supervise and perform, as appropriate, accounting and reporting functions for Security Assistance programs.
(11) Develop and operate the data processing system and maintain the worldwide data base required by all levels of management for the Security Assistance program.
(12) Maintain liaison with Congress on Security Assistance legislation and related matters and provide support to the ASD(ISA) for the presentation of the annual Security Assistance program before the Congress.
(13) Provide data support for the annual Security Assistance budget for inclusion in the President's budget.
(14) Keep the Joint Chiefs of Staff and the Commanders of the Unified Commands fully informed of Security Assistance matters.
(15) Direct and supervise organization, functions, and staffing of DoD elements in foreign countries responsible for managing Security Assistance programs.
(16) Perform such other functions as assigned by the ASD(ISA).
(b) The
(1) Establish DoD Security Assistance policies.
(2) Coordinate the activities of DoD components related to Security Assistance affairs.
(3) Serve as the principal DoD point of contact and spokesman regarding Security Assistance policy, representing the DoD with other governmental agencies with respect to such matters.
(c) The basic responsibilities and functions of other DoD components relating to Security Assistance remain as assigned in DoD directive 5132.3.
The Director, DSAA, is specifically delegated authority to:
(a) Have free and unrestricted access to, and direct communication with, all elements of the Department of Defense and other executive departments and agencies as necessary. all ASD(ISA) and DSAA Security Assistance directives and communications to the Unified and Specified Commands, the Military Departments, and the Military Assistance Advisory Groups, which have military operational implications, shall be coordinated with the Joint Chiefs of Staff. Conversely, all Joint Chiefs of Staff directives and communications to the Unified and Specified Commands or the Military Departments, which pertain to Security Assistance affairs, shall be coordinated with the ASD(ISA).
(b) Obtain such information, consistent with the policies and criteria of DoD Directive 5000.19,
(c) Exercise the redelegation of authority previously established.
(a) In the performance of his functions, the Director, DSAA shall:
(1) Maintain appropriate liaison with other DoD components for the exchange of information on programs in the field of assigned responsibilities.
(2) Make use of established facilities and services in the DoD or other governmental agencies wherever practicable to achieve maximum efficiency and economy.
(3) Conduct activities involving financial management, fiscal matters, accounting, budgeting, statistical reporting, and the international balance of payments, in accordance with policies and procedures established by the Assistant Secretary of Defense (Comptroller).
(b) The Military Department and other DoD components shall provide support, within their respective fields of responsibility to the Director, DSAA, to assist in carrying out assigned responsibilities and functions of DSAA.
(a) The Director, DSAA, shall be appointed by the Secretary of Defense.
(b) The appointment of other personnel to the Agency will be subject to the approval of the Director, DSAA, and the ASD(ISA).
(c) DSAA will be authorized such personnel, facilities, funds, and other administrative support as the Secretary of Defense deems necessary.
(d) The Military Departments will assign military personnel to DSAA in accordance with approved authorizations and procedures for assignment to joint duty.
10 U.S.C. 131.
56 FR 23802, May 24, 1991, unless otherwise noted. Redesignated at 58 FR 39360, July 22, 1993.
Pursuant to the authority vested in the Secretary of Defense under title 10, United States Code, this part updates the mission, functions, responsibilities, relationships, and authorities of the WHS.
(a)
(b)
(c)
The WHS shall provide administrative and operational support to specified activities in the NCR and elsewhere as required.
(a) The WHS is established as a Field Activity of the Department of Defense. It shall consist of a Director and such subordinate organizational elements as are established by the Director within resources authorized by the Secretary of Defense.
(b) The Director of Administration and Management, Office of the Secretary of Defense (DA&M, OSD), also shall serve as the Director, WHS.
The Director, Washington Headquarters Services, shall:
(a) Organize, direct, and manage the WHS and all resources assigned to the WHS.
(b) Provide administrative support to the OSD and those Defense Agencies, DoD Field Activities, and specified activities that do not have an internal administrative support capability. This support shall include all or part of the following:
(1) Budget and accounting.
(2) Civilian and military personnel management.
(3) Office services.
(4) Personnel and information security.
(5) Correspondence, cables, Directives, and records management.
(6) Travel.
(7) Other miscellaneous administrative support, as required.
(c) Administer information and data systems in support of the OSD decision and policymaking processes. This involves management information collection and reports preparation in areas including, but not limited to, procurement, logistics, manpower, and economics.
(d) Manage the DoD reports and forms programs.
(e) Manage the information technology support program for the OSD and other assigned DoD activities. Develop information management strategies and programs; assist organizational components in developing program proposals, plans, and budgets for automated information systems (AIS) and in acquiring AIS equipment; and provide or arrange for AIS technical assistance and maintenance support.
(f) Develop records management policy and provide appropriate guidance to DoD Components.
(g) Manage the Pentagon Reservation; DoD-occupied, General Services Administration-controlled administrative space in the NCR; and associated support services. This shall include responsibility for:
(1) Real property and building management.
(2) Administrative space management and assignment.
(3) Law enforcement and physical security.
(4) Maintenance, repair, alteration, and renovation.
(5) Design and construction on DoD-controlled property.
(6) Graphics, concessions, custodial care, and other support services.
(7) Contracting for the above, as required.
(8) Manage activities in support of the responsibilities of the Secretary of Defense for the Federal Voting Assistance Program.
For the performance of assigned functions, the Director, WHS, shall:
(a) Coordinate and exchange information and advice with elements of the OSD and other DoD Components having collateral or related responsibilities.
(b) Make use of established facilities and services in the Department of Defense and other Government Agencies, whenever practical, to avoid duplication and achieve maximum efficiency and economy.
(c) Consult and coordinate with other governmental and nongovernmental agencies on matters related to the WHS mission.
The Director, WHS, or designee, specifically is delegated authority to:
(a) Obtain such information, consistent with the policies and criteria of DoD Directive 7750.5
(b) Issue DoD Instructions, DoD publications, and one-time directive-type memoranda, consistent with DoD 5025.1-M
(c) Communicate directly with heads of DoD Components and other Executive Departments and Agencies, as necessary, in carrying out assigned responsibilities and functions. Communications to the Commanders in Chief of the Unified and Specified Commands shall be coordinated with the Chairman of the Joint Chiefs of Staff.
(d) Exercise the delegations of authority contained in appendix A to this part.
Pursuant to the authority vested in the Secretary of Defense, and subject to his direction, authority, and control, and in accordance with DoD policies, Directives, and Instructions, the Director, WHS, or the person properly designated to act for him or her, is hereby delegated authority with respect to the WHS and activities receiving administrative support from the WHS to:
1. Exercise the power vested in the Secretary of Defense by sections 302 and 3101 and chapters 41 and 51 of 5 U.S.C. on the employment, direction, and general administration of civilian personnel.
2. Fix rates of pay for wage-rate employees exempted from the Classification Act of 1949 by 5 U.S.C. 5102 on the basis of rates established under the Federal Wage System. In fixing such rates, the Director, WHS, shall follow the wage schedule established by the DoD Wage Fixing Authority.
3. Establish advisory committees and employ temporary or intermittent experts or consultants, as approved by the Secretary of Defense, for the performance of WHS functions consistent with 10 U.S.C. 173; 5 U.S.C. 3109(b); DoD Directive 5105.4,
4. Administer oaths of office incident to entrance into the Executive Branch of the Federal Government or any other oath required by law in connection with employment therein, in accordance with 5 U.S.C. 2903(b).
5. Establish an Incentive Awards Board and pay cash awards to and incur necessary expenses for the honorary recognition of civilian employees of the Government for suggestions, inventions, superior accomplishments, or other personal efforts, including special acts of services, in accordance with 5 U.S.C. 4502, 4503, and 4505 and applicable OPM regulations.
6. In accordance with 5 U.S.C. 7532; Executive Orders 10450, 12333, and 12356; and DoD Directive 5200.2,
a. Designate positions as “sensitive.”
b. Authorize, in case of an emergency, the appointment to a sensitive position, for a limited period of time, of a person for whom a full field investigation or other appropriate investigation, including the National Agency Check, has not been completed.
c. Authorize the suspension of, but not terminate the services of, an employee in the interest of national security.
d. Initiate investigations, issue personnel security clearances and, if necessary in the interest of national security, suspend, revoke, or deny a security clearance for personnel assigned, detailed to, or employed by DoD Components for which the Director, WHS, has been delegated responsibility or has consented by written agreement to provide personnel security support. Any action to deny or revoke a security clearance shall be taken in accordance with procedures prescribed in DoD 5200.2-R,
7. Act as agent for the collection and payment of employment taxes imposed by appropriate statutes.
8. Authorize and approve overtime work for civilian officers and employees in accordance with subchapter V, chapter 55 of 5 U.S.C., and applicable OPM regulations.
9. Authorize and approve:
a. Temporary duty travel for military personnel in accordance with Volume I, Joint Federal Travel Regulations.
b. Travel for civilian officers and employees in accordance with Volume II, Joint Travel Regulations.
c. Invitational travel to non-DoD employees whose consultative, advisory, or other highly specialized technical services are required in a capacity that is directly related to, or in connection with, WHS activities, in accordance with Volume II, Joint Travel Regulations.
10. Approve the expenditures of funds available for travel by military personnel for expenses incident to attendance at meetings of technical, scientific, professional, or other similar organizations in such instances when the approval of the Secretary of Defense, or his designee, is required by law (37 U.S.C. 412, 5 U.S.C. 4110 and 4111).
11. Develop, establish, and maintain an active and continuing Records Management Program, pursuant to section 506(b) of the Federal Records Act of 1950 (44 U.S.C. 3102).
12. Establish and use imprest funds for making small purchases of material and services, other than personal, when it is determined to be more advantageous and consistent with the best interest of the Government, in accordance with DoD Directive 7360.10,
13. Authorize the publication of advertisement, notices, or proposals in newspapers, magazines, or other public periodicals, consistent with 44 U.S.C. 3702.
14. Establish and maintain appropriate property accounts and appoint Boards of Survey, approve reports of survey, relieve personal liability, and drop accountability for property contained in the authorized property accounts that has been lost, damaged, stolen, destroyed, or otherwise rendered unserviceable, in accordance with applicable laws and regulations.
15. Promulgate the necessary security regulations for the protection of property and places under the jurisdiction of this Directive, pursuant to DoD Directive 5200.8,
16. Establish and maintain, for the Department of Defense, an appropriate publications system for the promulgation of Directives, Instructions, publications, and reference documents, and changes thereto, pursuant to the policies and procedures prescribed in DoD 5025.1-M, “DoD Directives System Procedures,” December 1990.
17. Establish and maintain, for the functions assigned, an appropriate publications system for the promulgation of common supply and service regulations, Instructions, and reference documents, and changes thereto, pursuant to the policies and procedures prescribed in DoD 5025.1-M, “DoD Directives System Procedures,” December 1990.
18. Enter into support and service agreements with the Military Departments, other DoD Components, or other Government Agencies, as required for the effective performance of assigned responsibilities and functions.
19. Enter into and administer contracts, directly or through a Military Department, a DoD contract administration services component, or other Government Department or Agency, as appropriate, for supplies, equipment, and services required to accomplish assigned responsibilities and functions. To the extent that any law or Executive order
20. Approve contractual instruments for commercial-type concessions at the seat of Government, and maintain general supervision over commercial-type concessions operated by or through the Department of Defense at the seat of Government, in accordance with DoD Directive 5120.18,
21. Act as custodian of the seal of the Department of Defense and attest to the authenticity of official records of the Department of Defense under said seal (10 U.S.C. 132).
22. Exercise the authority vested in the Secretary of Defense by 10 U.S.C. 2674 on the jurisdiction, custody, and control over, and responsibility for, the operation, maintenance, and management of the Pentagon Reservation.
a. Prescribe such rules and regulations as appropriate to ensure the safe, efficient, and secure operation of the Pentagon Reservation, including rules and regulations necessary to govern the operation and parking of motor vehicles on the Pentagon Reservation.
b. Establish rates and collect charges for space, services, protection, maintenance, construction, repairs, alterations, or facilities provided at the Pentagon Reservation.
c. Authorize expenditures from the Pentagon Reservation Maintenance Revolving Fund for real property management, operations, protection, design and construction, repair, alteration, and related activities for the Pentagon Reservation.
The Director, WHS, may redelegate these authorities, as appropriate, and in writing, except as otherwise specifically indicated above or as otherwise provided by law or regulation.
These delegations of authority are effective May 6, 1991.
10 U.S.C. chapter 4.
44 FR 4670, Jan. 23, 1979, unless otherwise noted.
(a) Pursuant to the authority vested in the Secretary of Defense under the provisions of title 10 U.S. Code, this part establishes the Office of Economic Adjustment (hereafter referred to as the “OEA”) with responsibilities, functions, authorities, and relationships as stated below.
(b) “Economic Adjustment” as used in this part refers to responsibilities of the Secretary of Defense under Executive Order 12049, “Defense Economic Adjustment Programs,” March 27, 1978, and related responsibilities stated in DoD Directive 5410.12,
The OEA shall:
(a) Plan, direct, coordinate, and manage economic adjustment programs to alleviate serious social and economic impacts that may result from major changes in DoD activities.
(b) In cooperation with DoD Components, identify proposed changes that could result in adverse local impacts, and encourage local officials to initiate early economic adjustment planning on a contingency basis.
(c) Upon request, and in coordination with appropriate local, State and Federal agencies, assist community officials to develop and implement feasible adjustment plans that will alleviate the impact of DoD actions.
(d) Support the Secretary of Defense as chairperson of the Economic Adjustment Committee (EAC), Executive Order 12049, and serve as the permanent staff for the community assistance activities of the EAC. In this capacity, arrange meetings, conduct studies, develop recommendations, prepare reports, and initiate other appropriate staff actions.
(a) The OEA is established as a field activity of the Office of the Secretary of Defense, under the authority, direction and control of the Assistant Secretary of Defense (Manpower, Reserve Affairs, and Logistics) (hereafter referred to as the “ASD(MRA&L))”. It shall consist of a Director and subordinate organizational elements established by the Director within resources authorized by the Secretary of Defense.
(b) The Director, OEA, is also designated as the Assistant to the ASD(MRA&L) for Economic Adjustment, and as Executive Director of the Economic Adjustment Committee.
(a) The Director, OEA, shall:
(1) Serve as the principal staff adviser to the ASD(MRA&L) on economic adjustment program matters.
(2) Organize, direct, and manage the OEA and all resources assigned to the OEA.
(3) Design, establish, and manage a Defense Economic Adjustment Program to achieve the objectives and implement the provisions of Executive Order 12049 and DoD Directive 5410.12, “Economic Adjustment Assistance to Defense-Impacted Communities,” April 21, 1973.
(4) Monitor program change activities of DoD Components and, as required, assist in the evaluation of possible impacts and the identification of adjustment actions that could alleviate such impacts.
(5) Develop and recommend strategies and action plans to lessen serious local impacts of DoD realinements, e.g., base closures, conversion of in-house activities to contract, major personnel reductions, and procurement cutbacks.
(6) Provide information and advice regarding the Economic Adjustment Program and the resources available to meet community economic adjustment needs.
(7) Plan, organize, coordinate, and administer economic adjustment assistance projects for communities, areas, and States adversely affected by DoD realinement actions.
(8) Assist local communities, areas, or States in expanding public service facilities to meet requirements generated by major expansions or the establishment of new DoD installations.
(9) Provide technical advice and assistance to Defense-dependent communities in efforts to diversify their economic base, reduce their vulnerability to change, and minimize the possible impact of future cutbacks.
(10) Evaluate DoD Economic Adjustment Program effectiveness.
(11) Develop, propose, and implement program improvements.
(12) Perform such other economic adjustment functions as may be assigned by the ASD(MRA&L).
(b) The ASD(MRA&L) shall:
(1) Recommend to the Secretary of Defense policies for the administration of economic adjustment programs.
(2) Provide policy guidance and management direction to the Director, OEA.
(a) In the performance of assigned functions, the Director, OEA, shall:
(1) Establish and maintain effective liaison with DoD Components (and, after appropriate notification, with subordinate commands and installations, as required) for the timely exchange of information, and the coordination of realinements and economic adjustment plans and actions.
(2) Establish and maintain effective liaison with Federal domestic agency members of the EAC at headquarters and regional levels for timely exchange of information and the development, coordination, and support of economic adjustment assistance plans and actions.
(3) Use established facilities and services in the DoD and other governmental agencies whenever practical to achieve maximum efficiency and economy.
(b) Heads of DoD Components shall provide timely information and technical support to the Director, OEA, on matters within their respective fields of responsibilities and as may be necessary to carry out effectively the assigned responsibilities and functions of OEA.
The Director, OEA, is specifically authorized to:
(a) Obtain such information, advice, and assistance from other DoD Components as considered necessary, consistent with the policies and criteria of DoD Directive 5000.19, “Policies for the Management and Control of Information Requirements,” March 12, 1976.
(b) Communicate directly with appropriate personnel in the Military Departments and other DoD Components on matters related to OEA responsibilities and functions.
(c) Exercise the administrative authorities contained in § 365.8 of this part.
(a) The Director, OEA, shall be designated by the ASD(MRA&L).
(b) The OEA shall be authorized such personnel, facilities, funds, and other administrative support as the Secretary of Defense considers necessary.
(c) The Secretaries of Military Departments shall assign military personnel to the OEA within approved authorizations, and in accordance with established procedures for assignment to joint duty.
(d) Administrative support required for the OEA will be provided, through support and service agreements, by other DoD Components.
Pursuant to the authority vested in the Secretary of Defense, and subject to his/her direction, authority and control, and in accordance with DoD policies, directives and instructions, the Director, OEA, or, in the absence of the Director, the person acting for him/her, is hereby delegated authority, as required in the administration and operation of OEA, to:
(a) Perform the following functions in accordance with the provisions of 5 U.S.C. 7532 (1976); Executive Order 10450, as amended, 3 CFR part 936 (1949-1953 Compilation), reprinted at 5 U.S.C. 7311 (1976); and the DoD Directive 5210.7, “Department of Defense Civilian Applicant and Employee Security Program,” September 2, 1966:
(1) Designate any position in OEA as a “sensitive” position;
(2) Authorize, in case of an emergency, the appointment of a person to a sensitive position in OEA for a limited period of time for whom a full field investigation or other appropriate investigation, including the National Security Check, has not been completed; and
(3) Authorize the suspension, but not including termination of the services of an employee in the interest of national security in positions within OEA.
(b) Authorize and approve overtime work for OEA civilian employees in accordance with the provisions of the Federal Personnel Manual Supplement 990-1, § 550.111 (5 CFR 550.111 (1978)).
(c) Develop, establish and maintain an active and continuing Records Management Program, pursuant to 44 U.S.C.A. 3102 (Supp. 1978).
(d) Authorize the publication of advertisements, notices, or proposals in public periodicals, as required for the effective administration of OEA pursuant to 44 U.S.C. 3702 (1970).
(e) Establish and maintain, for the functions assigned, an appropriate publications system for the promulgation of regulations, instructions and reference documents, and changes thereto, pursuant to the policies and procedures prescribed in DoD Directive 5205.1, “Department of Defense Directives System,” November 18, 1977.
(f) In coordination with the DASD (Administration), enter into support and services agreements with the Military Departments, other DoD Components or other Government agencies, as required for the effective and efficient performance of responsibilities and functions assigned to OEA.
(g) Enter into and administer contracts through the DASD (Administration) or with his/her approval, directly or through a Military Department, a DoD contract administration services component, or other Government department or agency, as appropriate, for supplies, equipment and services required to accomplish the mission of OEA. To the extent that any law or executive order specifically limits the exercise of such authority to persons at
10 U.S.C. 136.
54 FR 7031, Feb. 16, 1989, unless otherwise noted.
This part is revised pursuant to the authority vested in the Secretary of Defense under 10 U.S.C.:
(a) Designates one of the positions of Assistant Secretary of Defense as the Assistant Secretary of Defense (Program Analysis and Evaluation) (ASD(PA&E)).
(b) Assigns responsibilities, functions, relationships, and authorities, as prescribed herein, to the ASD(PA&E).
(a) Provide advice, make recommendations, and participate in the development of policies and the preparation of planning, fiscal, and materiel support guidance upon which DoD program projections are based.
(b) Perform analyses and evaluations of plans, programs, and budget submissions in relation to projected threats, allied contributions, estimated costs, resource constraints, and U.S. defense objectives and priorities.
(c) Identify issues and evaluate alternative programs.
(d) Initiate programs, actions, and taskings to ensure adherence to DoD policies and national security objectives, and ensure that programs are designed to accommodate operational requirements and promote the readiness and efficiency of the U.S. Armed Forces.
(e) Review, analyze, and evaluate programs, including classified programs, for carrying out approved policies and standards.
(f) Ensure that the costs of DoD programs, including classified programs, are presented accurately and completely.
(g) Assess the effects of DoD spending on the U.S. economy, and evaluate alternative policies to ensure that the DoD program can be implemented efficiently.
(h) Provide leadership in developing and promoting improved analytic tools and methods for analyzing national security planning and the allocation of resources.
(i) Serve on boards, committees, and other groups pertaining to the ASD(PA&E)'s functional areas, and represent the Secretary of Defense on PA&E matters outside the Department of Defense.
(j) Perform such other duties as the Secretary of Defense may assign.
In executing assigned responsibilities, the ASD(PA&E) shall:
(a) Carry out the responsibilities described in § 366.3 for the following functional areas:
(1) General purpose force structure, both active and reserve.
(2) Strategic and theater nuclear force structure.
(3) Mobility force structure and pre-positioning plans.
(4) Force readiness and capabilities.
(5) Weapon systems and major items of material.
(6) Implications for manpower resources of specific force structure plans.
(7) Support systems.
(8) Contingency plans.
(9) Materiel support programs and war reserve stocks.
(10) Deployment plans and overseas basing requirements.
(11) Mobilization plans.
(12) Effects of the DoD program on the economy and the industrial base.
(13) Security assistance programs.
(14) Allied and foreign military requirements and capabilities.
(15) Nuclear warhead requirements.
(16) Such other areas as the Secretary of Defense may from time to time prescribe.
(b) In coordination with the Under Secretary of Defense (Acquisition), perform critical reviews of requirements, performance, and life-cycle costs of current and proposed weapon systems, including reviews of Cost and Operational Effectiveness Analyses (COEA) submitted in support of Defense Acquisition Board milestone decisions. Provide advance guidance to the Military Departments on issues and techniques to be used in weapon system COEA.
(c) Provide leadership and support to the Cost Analysis Improvement Group in accordance with DoD Directive 5000.4.
(d) Provide support to the Planning, Programming, and Budgeting System, especially the program review and execution review phases.
(a) In the performance of assigned functions, the ASD(PA&E) shall:
(1) Coordinate and exchange information with other DoD organizations having collateral or related functions.
(2) Use existing facilities and services of the Department of Defense or other Federal Agencies to avoid duplication and achieve maximum efficiency and economy.
(b) Heads of DoD Components shall coordinate with the ASD(PA&E) on all matters related to the functions in § 366.4.
The ASD(PA&E) is hereby delegated authority to:
(a) Issue instructions, publications, and one-time directive-type memoranda, consistent with DoD 5025.1-M that implement policies approved by the Secretary of Defense in the functions assigned to the ASD(PA&E). Instructions to the Military Departments shall be issued through their Secretaries or designees. Instructions to Unified and Specified Commands shall be issued through the Chairman, Joint Chiefs of Staff (CJCS).
(b) Obtain such reports, information, advice, and assistance consistent with the policies and criteria of DoD Directive 7750.5,
(c) Communicate directly with heads of DoD Components. Communications to the Commanders of the Unified and Specified Commands shall be coordianted with the CJCS.
(d) Establish arrangements for DoD participation in those nondefense governmental programs for which the ASD(PA&E) has been assigned primary cognizance.
(e) Communicate with other Government Agencies, represenatives of the legislative branch, and members of the public, as appropriate, in carrying out assigned functions.
10 U.S.C. 113 and 138.
59 FR 29952, June 10, 1994, unless otherwise noted.
Pursuant to the authority vested in the Secretary of Defense by 10 U.S.C. 113 and 138, this part updates the responsibilities, functions, relationships,
This part applies to the Office of the Secretary of Defense (OSD), the Military Departments, the Chairman of the Joint Chiefs of Staff, the Unified Combatant Commands, the Office of the Inspector General of the Department of Defense, the Defense Agencies, and the DoD Field Activities (hereafter referred to collectively as “the DoD Components”).
The Assistant Secretary of Defense for Health Affairs, as the principal staff assistant and advisor to the Under Secretary of Defense for Personnel and Readiness (USD(P&R)) and the Secretary and Deputy Secretary of Defense for all DoD health policies, programs, and activities, shall effectively execute the Department's medical mission, which is to provide, and to maintain readiness to provide, medical services and support to members of the Armed Forces during military operations, and to provide medical services and support to members of the Armed Forces, their dependents, and others entitled to DoD medical care.
(a) In carrying out these responsibilities, the ASD(HA) shall exercise authority, direction, and control over the medical personnel, facilities, programs, funding, and other resources within the Department of Defense, including, but not limited to:
(1) Establishing policies, procedures, and standards that shall govern DoD medical programs.
(2) Serving as program manager for all DoD health and medical resources. Preparing and submitting in the Department's planning, programming, and budgeting system (PPBS) a unified medical program and budget to provide resources for all medical activities within the Department of Defense. Consistent with applicable law, all funding for the DoD medical program, including operation and maintenance, procurement, and the Civilian Health and Medical Program of the Uniformed Services, but excluding funds for active and reserve medical military personnel, shall be accounted for in a single defense medical appropriations account. Funds for medical facility military construction shall be in a separate, single appropriations account.
(3) Presenting and justifying the unified medical program and budget throughout the PPBS process, including representations before the Congress.
(4) Co-chairing with the Director, Defense Research and Engineering, the Armed Services Biomedical Research Evaluation and Management Committee, which facilities consideration of DoD biomedical research.
(5) Performing such other functions as the USD(P&R) and the Secretary of Defense may prescribe.
(b) The ASD(HA) may not direct a change in the structure of the chain of command within a Military Department with respect to medical personnel and may not direct a change in the structure of the chain of command with respect to medical personnel assigned to that command.
(a) In the performance of assigned responsibilities and functions, the ASD(HA) shall serve under the authority, direction, and control of the USD(P&R) and shall:
(1) Report directly to the USD(P&R).
(2) Exercise authority, direction, and control over:
(i) The Director, Office of Civilian Health and Medical Program of the Uniformed Services.
(ii) The Director, Defense Medical Programs Activity.
(iii) The Director, Armed Forces Institute of Pathology.
(iv) The President, Uniformed Services University of the Health Sciences (USUHS), pursuant to the authority vested in the Secretary of Defense by 10 U.S.C. chapter 104, except that the authority to appoint the President of the USUHS is reserved to the Secretary of Defense.
(v) Such other subordinate officials as may be assigned.
(3) Consult, as appropriate, with the Comptroller of the Department of Defense (C, DoD) and the Director, Program Analysis and Evaluation, to ensure that medical planning, programming, and budgeting activities are integrated with the DoD PPBS. The C, DoD, shall allocate and reallocate the funds in the Defense Health Program account and the medical facility military construction account among the DoD Components in accordance with ASD(HA) instructions, as coordinated with the USD(P&R), and applicable law.
(4) Obtain through the Chairman of the Joint Chiefs of Staff, submissions of the operational and other needs of the Commanders of the Unified Combatant Commands, and obtain submissions from the Secretaries of the Military Departments of their proposed elements of the medical unified program and budget, and integrate those submissions as appropriate.
(5) Coordinate and exchange information with other OSD officials and the Heads of DoD Components having collateral or related functions.
(6) Use existing facilities and services of the Department of Defense and other Federal and non-Federal Agencies, whenever practicable, to achieve maximum efficiency and economy.
(b) Other OSD officials and the Heads of the DoD Components shall coordinate with the ASD(HA) on all matters related to the responsibilities and functions in § 367.3.
The ASD(HA) is hereby delegated authority to:
(a) Issue DoD Instructions, DoD publications, and one-time directive-type memoranda, consistent with DoD 5025.1-M
(b) Obtain reports, information, advice, and assistance, consistent with DoD Directive 8910.1
(c) Communicate directly with the Heads of the DoD Components. Communications to the Commanders of the Unified Combatant Commands shall be coordinated through the Chairman of the Joint Chiefs of Staff.
(d) Make determinations on the uniform implementation of laws on separation from the Military Departments due to physical disability as prescribed in DoD Directive 1332.18
(e) Develop, issue, and maintain regulations, with the coordination of the Military Departments, as necessary and appropriate to fulfill the Secretary of Defense's responsibility to administer 10 U.S.C. chapter 55.
(f) Establish arrangements for DoD participation in nondefense governmental programs for which the ASD(HA) has been assigned primary cognizance.
(g) Communicate with other Government officials, representatives of the legislative branch, members of the public, and representatives of foreign governments, as appropriate, in carrying out assigned functions.
10 U.S.C. 136.
56 FR 21079, May 7, 1991, unless otherwise noted.
This part updates the mission, responsibilities, functions, and authorities of the USUHS and provides for its
(a)
(b)
(c)
The mission of the USUHS is to educate and train competent medical personnel qualified to serve the needs of the Uniformed Services of the United States through providing the highest quality education programs in the health sciences. Within that mission, the University shall place high priority on educating and training personnel to meet the combat and peacetime medical needs of the armed forces. The University is authorized to grant appropriate advanced academic degrees; establish postdoctoral and postgraduate programs, and technological institutes; conduct medical readiness training and continuing education for uniformed members of the health professions; and prepare individuals for careers in the health professions in the Uniformed Services.
Consistent with the performance of the Department's mission and with established practices covering academic independence and integrity in the fields of medical and health sciences education, the Department of Defense recognizes the University's Board of Regents’ unique role in advising the Secretary of Defense. In particular, consistent with applicable law and accomplishment of the Department's mission, the Assistant Secretary of Defense (Health Affairs) (ASD(HA)) will be guided by the advice of the USUHS Board of Regents on academic affairs.
The USUHS shall consist of:
(a) A Board of Regents, which shall be established and operated in accordance with the Federal Advisory Committee Act and shall consist of members appointed as provided by section 2113(a) of chapter 104, section 2112, et seq. of title 10, United States Code.
(b) A President of the USUHS, who shall be the chief executive officer of the University, and who also is the Dean of the University described in section 2113(a) of chapter 104, section 2112, et seq. of title 10, United States Code, and who shall report to the ASD(HA).
(c) A Dean of the F. Edward Hebert School of Medicine, who shall function as the chief academic officer of the F. Edward Hebert School of Medicine and report to the President of the USUHS.
(d) Other deans, academic officers, faculty members and administrative officials, staffs, and other subordinate organizations as may be required for the accomplishment of the University's mission.
(e) Students selected under procedures prescribed in accordance with section 2113(a) of chapter 104, section 2112, et seq. of title 10, United States Code and graduate students.
(a) The Assistant Secretary of Defense (Health Affairs) shall exercise the authorities over the USUHS vested in the Secretary of Defense by chapter 104, section 2112, et seq. of 10 U.S.C. and section 8091 of Public Law 101-511, except that the authority to appoint the President of the USUHS is reserved to the Secretary of Defense. In this capacity, the ASD(HA) shall:
(1) Ensure effective operation of the University.
(2) In matters of academic affairs, ensure that the advice of the Board of Regents is given due regard in accordance with the policy set forth in § 367a.4.
(3) Make arrangements with the Secretaries of the Military Departments and the heads of other DoD Components to provide for support of the USUHS as may be necessary to implement this part.
(b) The
(c)
(1) Ensure that educational programs leading to a Doctor of Medicine or other advanced degrees in the health professions meet the standards of appropriate and recognized, accrediting, licensing, and certifying agencies.
(2) Carry out those responsibilities and functions about the supervision and management of University programs, activities, personnel, and resources as the ASD(HA) prescribes.
(d) The
(a) In carrying out the responsibilities and functions of chief executive officer of the USUHS, the President of the USUHS shall:
(1) Obtain advice from the Board of Regents as necessary to assist the President in performing the President's duties.
(2) Coordinate and exchange information and advice with elements of the OSD and other DoD Components having collateral or related responsibilities.
(3) Make use of established facilities and services in the Department of Defense and other Government Agencies, whenever practical, to avoid duplication and achieve maximum efficiency and economy.
(4) Consult and coordinate with other governmental and nongovernmental agencies on matters related to the mission and programs of the USUHS.
(b) The Heads of the DoD Components shall coordinate with the ASD(HA) on all matters relating to the mission and programs of the USUHS.
The ASD(HA) shall exercise the delegations of administrative authority contained in appendix A to this part.
Pursuant to the authority vested in the Secretary of Defense, and subject to the direction, authority, and control of the Secretary of Defense and in accordance with DoD policies, Directives, and Instructions, the ASD(HA), or in the absence of the ASD(HA), the person acting for the ASD(HA), is hereby delegated authority as required in the administration and operation of the USUHS to:
1. Obtain such information, consistent with the policies and criteria of DoD Directive 7750.5,
2. Communicate directly with appropriate DoD Component personnel on matters related to the mission and programs of the USUHS.
3. Appoint civilian members of the faculty and staff under salary schedules and grant retirement and other related benefits prescribed by the Secretary of Defense so as to place the employees of the USUHS on a comparable basis with the employees of fully accredited schools of the health professions within the vicinity of the District of Columbia as provided by law.
4. Exercise the powers vested in the Secretary of Defense by 5 U.S.C. 301, 302(b), and 3101 regarding the employment, direction, and general administration of USUHS civilian personnel.
5. Fix rates of pay for wage-rate employees exempted from the Classification Act of 1949 by 5 U.S.C. 5102 on the basis of rates established under the Coordinated Federal Wage System. In fixing such rates, the ASD(HA) shall follow the wage schedule established by the DoD Wage Fixing Authority.
6. Establish advisory committees and employ part-time advisors, as approved by the Secretary of Defense, for the performance of USUHS functions consistent with the 10 U.S.C. 173; 5 U.S.C. 3109(b); DoD Directive
7. Administer oaths of office to those entering the Executive branch of the Federal Government or any other oath required by law in connection with employment therein, in accordance with 5 U.S.C. 2903, and designate in writing, as may be necessary, officers and employees of the USUHS to perform this function.
8. Establish a USUHS Incentive Awards Board and pay cash awards to, and incur necessary expenses for the honorary recognition of, civilian employees of the Government whose suggestions, inventions, superior accomplishments, or other personal efforts, including special acts or services, benefit or affect the USUHS or its subordinate activities, in accordance with 5 U.S.C. 4503 and applicable OPM regulations.
9. In accordance with 5 U.S.C. 7532; Executive Orders 10450, 12333, and 12356; and DoD Directive 5200.2,
(a) Designate any position in the USUHS as a “sensitive” position.
(b) Authorize, in case of an emergency, the appointment of a person to a sensitive position in the USUHS for a limited period of time for whom a full field investigation or other appropriate investigation, including the National Agency Check, has not been completed.
(c) Authorize the suspension, but not terminate the services, of an employee in the interest of national security in positions within the USUHS.
(d) Initiate investigations, issue personnel security clearances and, if necessary, in the interest of national security, suspend, revoke, or deny a security clearance for personnel assigned or detailed to, or employed by, the USUHS.
Any action to deny or revoke a security clearance shall be taken in accordance with procedures prescribed in DoD 5200.2-R,
10. Act as agent for the collection and payment of employment taxes imposed by chapter 21 of the Internal Revenue Code of 1954, as amended; and, as such agent, make all determinations and certifications required or provided for under section 3122 of the Internal Revenue Code of 1954, as amended, and section 205(p) (1) and (2) of the Social Security Act, as amended (42 U.S.C. 405(p) (1) and (2)) about USUHS employees.
11. Authorize and approve overtime work for USUHS civilian officers and employees in accordance with 5 U.S.C. chapter 55, subchapter V, and applicable OPM regulations.
12. Authorize and approve:
(a) Temporary duty travel for military personnel assigned or detailed to the USUHS in accordance with Joint Travel Regulations, Volume 1, “Uniformed Service Members.”
(b) Travel for USUHS civilian officers and employees in accordance with Joint Travel Regulations, Volume 2, “DoD Civilian Personnel.”
(c) Invitational travel to non-DoD employees whose consultative, advisory, or other highly specialized technical services are required in a capacity that is directly related to, or in connection with, USUHS activities, in accordance with Volume 2, Joint Travel Regulations.
13. Approve the expenditure of funds available for travel by military personnel assigned or detailed to the USUHS for expenses about attendance at meetings of technical, scientific, professional, or other similar organizations in such instances where the approval of the Secretary of Defense, or designee, is required by law (37 U.S.C. 412 and 5 U.S.C. 4110 and 4111).
14. Develop, establish, and maintain an active and continuing Records Management Program pursuant to section 506(b) of the Federal Records Act of 1950 (44 U.S.C. 3102).
15. Establish and use imprest funds for making small purchases of material and services, other than personal services, for the USUHS, when it is determined more advantageous and consistent with the best interests of the Government, in accordance with DoD Directive 7360.10,
16. Authorize the publication of advertisements, notices, or proposals in newspapers, magazines, or other public periodicals as required for the effective administration and operation of the USUHS consistent with 44 U.S.C. 3702.
17. Establish and maintain appropriate property accounts for the USUHS, and appoint Boards of Survey, approve reports of survey, relieve personal liability, and drop accountability for USUHS property contained in the authorized property accounts that has been lost, damaged, stolen, destroyed, or otherwise rendered unserviceable, in accordance with applicable laws and regulations.
18. Promulgate the necessary security regulations for the protection of property and places under the jurisdiction of the President
19. Establish and maintain, for the functions assigned, an appropriate publications system for the promulgation of common supply and service regulations, instructions, and reference documents, and changes thereto, pursuant to the policies and procedures prescribed in DoD 5025.1-M,
20. Enter into support and service agreements with the Military Departments, other DoD Components, or other Government Agencies, as required for the effective performance of USUHS functions and responsibilities.
21. Exercise the authority delegated to the Secretary of Defense by the Administrator of the General Services Administration for the disposal of surplus personal property.
22. Enter into and administer contracts, directly or through a Military Department, a DoD contract administration services component, or other Government Department or Agency, as appropriate, for supplies, equipment, and services required to accomplish the mission of the USUHS. To the extent that any law or Executive order specifically limits the exercise of such authority to persons at the Secretarial level, such authority shall be exercised by the appropriate Under Secretary or Assistant Secretary of Defense.
The ASD(HA) may redelegate these authorities, as appropriate, and in writing, except as otherwise specifically indicated above or as otherwise provided by law or regulation.
50 U.S.C. 401; 10 U.S.C. 125.
52 FR 35417, Sept. 21, 1987, unless otherwise noted.
This part promulgates the statement of the functions of the Department of Defense and its major components.
(a) All functions in the Department of Defense and its component agencies are performed under the authority, direction, and control of the Secretary of Defense.
(b) The Department of Defense is composed of the Office of the Secretary of Defense (OSD), the Military Departments and the Military Services within those Departments, the Joint Chiefs of Staff (JCS) and the Joint Staff, the Unified and Specified Combatant Commands, the Defense Agencies and DOD Field Activities, and such other offices, agencies, activities and commands as may be established or designated by law, or by the President or the Secretary of Defense. The functions of the heads of these offices shall be as assigned by the Secretary of Defense in accordance with existing law.
(1) In providing immediate staff assistance and advice to the Secretary of Defense, the Office of the Secretary of Defense and the Joint Chiefs of Staff, though separately identified and organized, function in full coordination and cooperation in accordance with 32 CFR part 371.
(i) The Office of the Secretary of Defense includes the Deputy Secretary of Defense, Under Secretaries of Defense, Director of Defense Research and Engineering, Assistant Secretaries of Defense, Comptroller of the Department of Defense, Director of Operational Test and Evaluation, General Counsel of the Department of Defense, Inspector General of the Department of Defense, and such other offices and officials as may be established by law or by the Secretary of Defense.
(ii) The Chairman and the Joint Chiefs of Staff are directly responsible to the Secretary of Defense for the functions assigned to them. To the extent it does not impair his independence in the performance of the duties as a member of the Joint Chiefs of Staff, each member of the Joint Chiefs
(2) Each Military Department (the Department of the Navy to include the United States Marine Corps, and the United States Coast Guard when transferred in accordance with sections 2, 3, and 145 of 14 U.S.C.) shall be separately organized under its own Secretary and shall function under the direction, authority, and control of the Secretary of Defense. Orders to the Military Departments shall be issued through the Secretaries of these Departments, or their designees, by the Secretary of Defense or under authority specifically delegated in writing by the Secretary of Defense or as provided by law.
(i) The Secretary of each Military Department, and the civilian employees and members of the Armed Forces under the jurisdiction of the Military Department Secretary, shall cooperate fully with the Office of the Secretary of Defense to achieve efficient administration of the Department of Defense and to carry out effectively the authority, direction, and control of the Secretary of Defense.
(ii) The Secretary of Defense shall keep the Secretaries of the Military Departments informed with respect to military operations and activities of the Department of Defense that directly affect their respective responsibilities.
(3) The Commanders of the Unified and Specified Combatant Commands are responsible to the President and the Secretary of Defense for accomplishing the military missions assigned to them and shall excercise command authority over forces assigned to them as directed by the Secretary of Defense pursuant to section 10 U.S.C. 164. The operational chain of command runs from the President to the Secretary of Defense to the Commanders of the Unified and Specified Combatant Commands. The Chairman, JCS functions within the chain of command by transmitting to the Commanders of the Unified and Specified Combatant Commands the orders of the President or the Secretary of Defense.
(i) Orders to such commanders shall be issued by the President or the Secretary of Defense or by the Chairman, JCS with the authority and direction of the President or the Secretary of Defense.
(ii) Communications from the President or the Secretary of Defense to the Commanders of the Unified and Specified Combatant Commands, shall be transmitted through the Chairman, JCS. Communications from the Commanders of the Unified and Specified Combatant Commands to the President and/or the Secretary of Defense shall be transmitted through the Chairman, JCS.
(iii) Communications in matters of joint interest, addressed to the Commanders of the Unified and Specified Combatant Commands by other authority, shall, unless urgent circumstances do not permit, be coordinated with the Chairman, JCS. Information copies of all communications in matters of joint interest between Washington level offices, agencies, activities and commands and the Unified and Specified Combatant Commands shall be provided to the Chairman, JCS.
(iv) Subject to the authority, direction, and control of the Secretary of Defense, the Chairman acts as the spokesman for Commanders of the Unified and Specified Commands, especially on the operational requirements of their commands and shall be responsible for overseeing the activities of the combantant commands. The President and the Secretary of Defense may assign other duties to the Chairman to assist the President and the Secretary of Defense in performing their command functions.
As prescribed by higher authority, the Department of Defense shall maintain and employ armed forces to:
(a) Support and defend the Constitution of the United States against all enemies, foreign and domestic.
(b) Ensure, by timely and effective military action, the security of the United States, its possessions, and areas vital to its interest.
(c) Uphold and advance the national policies and interests of the United States.
The Joint Chiefs of Staff, consisting of the Chairman; the Chief of Staff, U.S. Army; the Chief of Naval Operations; the Chief of Staff, U.S. Air Force; and the Commandant of the Marine Corps, and supported by the Joint Staff, constitute the immediate military staff of the Secretary of Defense.
(a) The Chairman of the Joint Chiefs of Staff is the principal military advisor to the President, the National Security Council, and the Secretary of Defense. Subject to the authority, direction, and control of the President and the Secretary of Defense, the Chairman shall be responsible for the following principal functions:
(1) Advise and assist the Secretary of Defense of the preparation of annual policy guidance for the heads of Department of Defense components for the preparation and review of program recommendations and budget proposals.
(2) Advise the Secretary of Defense on the preparation of policy guidance for the preparation and review of contingency plans.
(3) Assist the President and the Secretary of Defense in providing for the strategic direction of the armed forces, including the direction of operations conducted by the Commanders of Unified and Specified Combatant Commands.
(4) Prepare strategic plans, including plans which conform with resource levels projected by the Secretary of Defense to be available for the period of time for which the plans are to be effective.
(5) Prepare joint logistic and mobility plans to support those strategic plans and recommend the assignment of logistics and mobility responsibilities to the armed forces in accordance with those logistic and mobility plans.
(6) Prepare military strategy and assessments of the associated risks. These will include the following:
(i) A military strategy to support national objectives within policy and resource level guidance provided by the Secretary of Defense. Such strategy will include broad military option prepared by the Chairman with the advice of the Joint Chiefs of Staff and the Commanders of the Unified and Specified Combatant Commands.
(ii) Net assessments to determine the capabilities of the Armed Forces of the United States and its allies as compared to those of possible adversaries.
(7) Provide for the preparation and review of contingency plans which conform to policy guidance from the President and the Secretary of Defense.
(8) Prepare joint logistics and mobility plans to support those contingency plans and recommend the assignment of logistic and mobility responsibilities to the Armed Forces in accordance with those logistic and mobility plans.
(9) Advise the Secretary of Defense on critical deficiencies and strengths in force capabilities (including manpower, logistic, and mobility support) identified during the preparation and review of contingency plans, and assess the effect of such deficiencies and strengths on meeting national security objectives and policy and on strategic plans.
(10) After consultation with the Commanders of the Unified and Specified Combatant Commands, establish and maintain a uniform system for evaluating the preparedness of each unified and specified combatant command to carry out missions assigned to the command.
(11) Advise the Secretary of Defense on the priorities of the requirements, especially operational requirements, identified by the Commanders of the Unified and Specified Combatant Commands.
(12) Advise the Secretary of Defense on the extent to which the program recommendations and budget proposals of the Military Departments and other components of the Department of Defense conform with the priorities established in strategic plans and with the priorities established for requirements of the Commanders of the Unified and Specified Combatant Commands.
(13) If deemed necessary, submit to the Secretary of Defense alternative program recommendations and budget proposals, within projected resource levels and guidance provided by the
(14) In accordance with guidance of the Secretary of Defense, recommend budget proposals for activities of each unified and specified combatant command, as appropriate. Activities for which funding may be requested include:
(i) Joint Exercises.
(ii) Force Training.
(iii) Contingencies.
(iv) Selected Operations.
(15) Advise the Secretary of Defense on the extent to which the major programs and policies of the armed forces in the area of manpower conform with strategic plans.
(16) Assess military requirements for defense acquisition programs.
(17) Develop and establish doctrine for all aspects of the joint employment of the Armed Forces.
(18) Formulate policies for coordinating the military education and training of members of the Armed Forces.
(19) Provide for representation of the United States on the Military Staff Committee of the United Nations in accordance with the Charter of the United Nations.
(20) Submit to the Secretary of Defense, not less than once every three years, a report containing such recommendations for changes in the assignment of functions (roles and missions) to the Armed Forces as the Chairman considers necessary to achieve maximum effectiveness of the Armed Forces.
(21) Prescribe the duties and functions of the Vice Chairman, JCS, subject to approval of the Secretary of Defense.
(22) Exercise exclusive direction of the Joint Staff.
(23) Subject to the direction of the President, attend and participate in meetings of the National Security Council.
(24) Advise and assist the President and the Secretary of Defense on establishing unified and specified combatant commands to perform military missions and on prescribing the force structure of those commands.
(25) Periodically, not less than every two years, review the missions, responsibilities (including geographic boundaries), and force structure of each unified and specified combatant command; and recommend to the President through the Secretary of Defense, any changes to missions, responsibilities, and force structure, as may be necessary.
(26) Transmit communications between the President or the Secretary of Defense and the Commanders of the Unified and Specified Combatant Commands, as directed by the President.
(27) Perform duties, as assigned by the President or the Secretary of Defense, to assist the President and the Secretary of Defense in performing their command function.
(28) Oversee the activities of the unified and specified combatant commands.
(29) Advise the Secretary of Defense on whether a Commander of a Unified or Specified Combatant Command has sufficient authority, direction, and control over the commands and forces assigned to the command to exercise effective command of those commands and forces.
(30) Advise and assist the Secretary of Defense on measures to provide for the administration and support of forces assigned to each unified and specified combatant command.
(31) Advise the Secretary of Defense on whether aspects of the administration and support necessary for the accomplishment of missions should be assigned to the Commander of a Unified or Specified Combatant Command.
(32) Serve as the spokesman for Commanders of the Unified and Specified Combatant Commands, especially on the operational requirements of their commands.
(33) Provide overall supervision of those Defense Agencies and Department of Defense Field Activities for which the Chairman, JCS has been designated by the Secretary of Defense to oversee. Perform such other functions with respect to the Defense Agencies and Department of Defense Field Activities as may be assigned by the Secretary of Defense.
(34) Periodically, not less than every two years, report to the Secretary of Defense on the responsiveness and readiness of designated combat support agencies.
(35) Provide for the participation of combat support agencies in joint training exercises, assess their performance, and take steps to provide for changes to improve their performance.
(36) Develop, in consultation with the director of each combat support agency, and maintain a uniform readiness reporting system for combat support agencies.
(37) Advise and assist the Secretary of Defense on the periodic review and revision of the curriculum of each professional military education school to enhance the education and training of officers in joint matters.
(38) Review the reports of selection boards that consider for promotion officers serving, or having served, in joint duty assignments in accordance with guidelines furnished by the Secretary of Defense and return the reports with determinations and comments to the Secretary of the appropriate Military Department.
(39) Advise the Secretary of Defense on the establishment of career guidelines for officers with the joint specialty.
(40) Submit to the Secretary of Defense an evaluation of the joint duty performance of officers recommended for an initial appointment to the grade of lieutenant general or vice admiral, or initial appointment as general or admiral.
(41) Promulgate Joint Chiefs of Staff publications (JCS Pubs) to provide military guidance for joint activities of the Armed Forces.
(42) Review the plans and programs of the Commanders of Unified and Specified Combatant Commands to determine their adequacy and feasibility for the performance of assigned missions.
(43) Provide military guidance for use by the Military Departments, the Military Services, and the Defense Agencies in the preparation of their respective detailed plans.
(44) Participate, as directed, in the preparation of combined plans for military action in conjunction with the armed forces of other nations.
(45) Determine the headquarters support, such as facilities, personnel, and communications, required by unified and specified combatant commands, and recommend the assignment to the Military Departments of the responsibilities for providing such support.
(46) Prepare and submit to the Secretary of Defense, for information and consideration, general strategic guidance for the development of industrial and manpower mobilization programs.
(47) Prepare and submit to the Secretary of Defense military guidance for use in the development of military aid programs and other actions relating to foreign military forces.
(48) Formulate policies for the joint training of the Armed Forces.
(49) Assess joint military requirements for command, control and communications, recommend improvements, and provide guidance on aspects that relate to the conduct of joint operations.
(50) Prepare and submit to the Secretary of Defense, for information and consideration in connection with the preparation of budgets, statements of military requirements based upon U.S. strategic war plans. These statements of requirements shall include tasks, priority of tasks, force requirements, and general strategic guidance for developing military installations and bases, and for equipping and maintaining military forces.
(51) In carrying out his functions, duties, and responsibilities, the Chairman, JCS shall, as he considers appropriate, consult with and seek the advice of the other members of the Joint Chiefs of Staff and the Commanders of the Unified and Specified Combatant Commands.
(52) Perform such other duties as the President or the Secretary of Defense may prescribe.
(b) The other members of the Joint Chiefs of Staff are military advisers to the President, the National Security Council, and the Secretary of Defense as specified below:
(1) A member of the Joint Chiefs of Staff may submit to the Chairman advice or an opinion in disagreement with, or in addition to the advice or opinion presented by the Chairman. If
(2) The members of the Joint Chiefs of Staff, individually or collectively, in their capacity as military advisers, will provide advice to the President, the National Security Council, or the Secretary of Defense on a particular matter when the President, the National Security Council, or the Secretary of Defense requests such advice.
(c) The Vice Chairman of the Joint Chiefs of Staff shall perform such duties as may be prescribed by the Chairman with the approval of the Secretary of Defense. When there is a vacancy in the Office of the Chairman or in the absence or disability of the Chairman, the Vice Chairman acts as Chairman and performs the duties of the Chairman until a successor is appointed or the absence or disability ceases.
(a) Unless otherwise directed by the President or the Secretary of Defense, the authority, direction, and control of the Commander of a Unified or Specified Combatant Command with respect to the commands and forces assigned to that command include the command functions of:
(1) Giving authoritative directions to subordinate commands and forces necessary to carry out missions assigned to the command, including authoritative direction over all aspects of military operations, joint training, and logistics;
(2) Prescribing the chain of command to the commands and forces within the command;
(3) Organizing commands and forces within that command as he considers necessary to carry out missions assigned to the command;
(4) Employing forces within that command as he considers necessary to carry out missions assigned to the command;
(5) Assigning command functions to subordinate commanders;
(6) Coordinating and approving those aspects of administration and support (including control of resources and equipment, internal organization, and training), and discipline necessary to carry out missions assigned to the command; and
(7) Exercising the authority with respect to selecting subordinate commanders, selecting combatant command staff, suspending subordinates, and convening courts-martial, as provided in 10 U.S.C.
(b) If a commander of a combatant command at any time considers his authority, direction, or control with respect to any of the commands or forces assigned to the command to be insufficient to command effectively, the commander shall promptly inform the Secretary of Defense.
(c) Unless otherwise directed by the President or the Secretary of the Defense, Commanders of Unified and Specified Combatant Commands exercise authority over subordinate commanders as follows:
(1) Commanders of commands and forces assigned to a unified or specified combatant command are under the authority, direction, and control of, and are responsible to, the Commander of the Unified or Specified Combatant Command on all matters for which the Commander of the Unified or Specified Combatant Command has been assigned authority under § 386.5(a);
(2) The commander of a command or force referred to in § 386.5(c)(1) shall communicate with other elements of the Department of Defense on any matter for which the Commander of the Unified or Specified Combatant Command has been assigned authority under § 386.5(a) in accordance with procedures, if any, established by the Commander of the Unified or Specified Combatant Command;
(3) Other elements of the Department of Defense shall communicate, with the commander of a command or force referred to in § 386.5(c)(1) on any matter for which the Commander of the Unified or Specified Combatant Command has been assigned authority under
(4) If directed by the Commander of the Unified or Specified Combatant Command, the commander of a command or force referred to in § 386.5(c)(1) shall advise the Commander of the Unified or Specified Combatant Command of all communications to and from other elements of the Department of Defense on any matter for which the Commander of the Unified or Specified Combatant Command has not been assigned authority under § 386.5(a).
(a) The chain of command for purposes other than the operational direction of unified and specified combatant commands runs from the President to the Secretary of Defense to the Secretaries of the Military Departments to the commanders of Service forces.
(b) Subject to the authority, direction, and control of the Secretary of Defense, the Secretaries of the Military Departments are responsible for, and have the authority necessary to conduct, all affairs of their respective Departments, including the following:
(1) Recruiting.
(2) Organizing.
(3) Supplying.
(4) Equipping (including research and development).
(5) Training.
(6) Servicing.
(7) Mobilizing.
(8) Demobilizing.
(9) Administering (including the morale and welfare of personnel).
(10) Maintaining.
(11) The construction, outfitting, and repairs of military equipment.
(12) The construction, maintenance, and repair of buildings, structures, and utilities; the acquisition, management and disposal; and the management of real property of natural resources.
(c) Subject to the authority, direction, and control of the Secretary of Defense, the Secretaries of the Military Departments are responsible to the Secretary of Defense for the following activities of their respective Departments:
(1) The functioning and efficiency of their Departments;
(2) The formulation of policies and programs that are fully consistent with national security objectives and policies established by the President and the Secretary of Defense;
(3) The effective and timely implementation of policy, program, and budget decisions and instructions of the President or Secretary of Defense relating to the functions of each Military Department;
(4) Carrying out the functions of the Military Departments so as to fulfill (to the maximum extent practicable) the current and future operational requirements of the unified and specified combatant commands;
(5) Effective cooperation and coordination between the Military Departments and agencies of the Department of Defense to provide for more effective, efficient, and economical administration and to eliminate duplication;
(6) The presentation and justification of the positions of their respective departments on the plans, programs, and policies of the Department of Defense;
(7) The effective supervision and control of Military Department intelligence activities; and
(8) Such other activities as may be prescribed by law or by the President or Secretary of Defense.
(d)
(1) To prepare forces and establish reserves of manpower, equipment, and supplies for the effective prosecution of war and military operations short of war and plan for the expansion of peacetime components to meet the needs of war.
(2) To maintain in readiness mobile reserve forces, properly organized, trained, and equipped for employment in emergency.
(3) To provide adequate, timely, and reliable intelligence and counterintelligence for the Military Department and other agencies as directed by competent authority.
(4) To recruit, organize, train, and equip interoperable forces for assignment to unified and specified combatant commands.
(5) To prepare and submit budgets for their respective departments; justify before the Congress budget requests as approved by the President; and administer the funds made available for maintaining, equipping, and training the forces of their respective departments, including those assigned to unified and specified combatant commands. The budget submissions to the Secretary of Defense by the Military Departments will be prepared on the basis, among other things, of the recommendations of CINCs and of Service component commanders of forces assigned to unified and specified combatant commands.
(6) To conduct research; develop tactics, techniques, and organization; and develop and procure weapons, equipment, and supplies essential to the fulfillment of the functions assigned in this publication.
(7) To develop, garrison, supply, equip, and maintain bases and other installations, including lines of communication, and to provide administrative and logistics support for all forces and bases, unless otherwise directed by the Secretary of Defense.
(8) To provide, as directed, such forces, military missions, and detachments for service in foreign countries as may be required to support the national interests of the United States.
(9) To assist in training and equipping the military forces of foreign nations.
(10) To provide, as directed, administrative and logistic support to the headquarters of unified and specified combatant commands, to include direct support of the development and acquisition of the command and control systems of such headquarters.
(11) To assist each other in the accomplishment of their respective functions, including the provisions of personnel, intelligence, training, facilities, equipment, supplies, and services.
(12) To prepare and submit, in coordination with other Military Departments, mobilization information to the Joint Chiefs of Staff.
(e)
(1) Determining Service force requirements and making recommendations concerning force requirements to support national security objectives and strategy and to meet the operational requirements of the unified and specified combatant commands.
(2) Planning for the use of the intrinsic capabilities of resources of the other Services which may be made available.
(3) Recommending to the Joint Chiefs of Staff the assignment and deployment of forces to unified and specified combatant commands established by the President through the Secretary of Defense.
(4) Administering Service forces.
(5) Providing logistic support for Service forces, including procurement, distribution, supply, equipment, and maintenance, unless otherwise directed by the Secretary of Defense.
(6) Developing doctrines, procedures, tactics, and techniques employed by Service forces.
(7) Conducting operational testing and evaluation.
(8) Providing for training for joint operations and joint exercises in support of unified and specified combatant command operational requirements, including the following:
(i) Development of Service training, doctrines, procedures, tactics, techniques, and methods of organization in accordance with policies and procedures established in Service publications.
(ii) Development and preparation of Service publications to support the conduct of joint training.
(iii) Determination of Service requirements to enhance the effectiveness of joint training.
(iv) Support of that joint training directed by the Commanders of the Unified and Specified Combatant Commands and conduct of such additional joint training as is mutually agreed upon by the Services concerned.
(9) Operating organic land vehicles, aircraft, and ships or craft.
(10) Consulting and coordinating with with other Services on all matters of joint concern.
(11) Participating with the other Services in the development of the doctrines, procedures, tactics, techniques,
(f) The forces developed and trained to perform the primary functions set forth hereafter shall be employed to support and supplement the other Military Service forces in carrying out their primary functions, where and whenever such participation shall result in increased effectiveness and shall contribute to the accomplishment of the overall military objectives. As for collateral functions, while the assignment of such functions may establish further justification for stated force requirements, such assignment shall not be used as the sole basis for establishing additional force requirements.
(1)
(ii) The primary functions of the Army are:
(A) To organize, train, and equip forces for the conduct of prompt and sustained combat operations on land—specifically, forces to defeat enemy land forces and to seize, occupy, and defend land areas.
(B) To organize, train, equip, and provide forces for appropriate air and missile defense and space control operations, including the provisions of forces as required for the strategic defense of the United States, in accordance with joint doctrines.
(C) To organize, equip, and provide Army forces, in coordination with the other Military Services, for joint amphibious, airborne, and space operations and to provide for the training of such forces, in accordance with joint doctrines. Specifically, the Army will:
(
(
(
(D) To organize, train, equip, and provide forces for the support and conduct of special operations.
(E) To provide equipment, forces procedures, and doctrine necessary for the effective prosecution of electronic warfare operations and, as directed, support of other forces.
(F) To organize, train, equip, and provide forces for the support and conduct of psychological operations.
(G) To provide forces for the occupation of territories abroad, including initial establishment of military government pending transfer of this responsibility to other authority.
(H) To develop doctrines and procedures, in coordination with the other Military Services, for organizing, equipping, training, and employing forces operating on land, except that the development of doctrines and procedures for organizing, equipping, training, and employing Marine Corps units for amphibious operations will be a function of the Marine Corps coordinating, as required, with the other Military Services.
(I) To organize, train, equip, and provide forces, as directed, to operate land lines of communication.
(J) To conduct the following activities:
(
(
(
(iii) A collateral function of the Army is to train forces to interdict enemy sea and air power and communications through operations on or from land.
(iv) Army responsibilities in support of space operations include the following:
(A) Organizing, training, equipping, and providing Army forces to support space operations.
(B) Developing in coordination with the other Military Services, tactics, techniques, and equipment employed by Army forces for use in space operations.
(C) Conducting individual and unit training of Army space operations forces.
(D) Participating with other Services in joint space operations, training, and exercises as mutually agreed to by the Services concerned, or as directed by competent authority.
(E) Providing forces for space support operations for the Department of Defense when directed.
(v) Other responsibilities of the Army. With respect to close air support of ground forces, the Army has specific responsibility for the following:
(A) Providing, in accordance with inter-Service agreements, communications, personnel, and equipment employed by Army forces.
(B) Conducting individual and unit training of Army forces.
(C) Developing equipment, tactics, and techniques employed by Army forces.
(2)
(A) The Navy and Marine Corps, under the Secretary of the Navy, are responsible for the preparation of Navy and Marine Corps forces necessary for the effective prosecution of war and military operations short of war, except as otherwise assigned and, in accordance with the integrated joint mobilization plans, for the expansion of the peacetime components of the Navy and Marine Corps to meet the needs of war.
(B) During peacetime, the Department of Transportation is responsible for maintaining the United States Coast Guard in a state of readiness so that it may function as a specialized Service in the Navy in time of war or when the President directs. The Coast Guard may also perform its military functions in times of limited war or defense contingency, in support of Naval Component Commanders, without transfer to the Department of the Navy.
(ii) The primary functions of the Navy and/or Marine Corps are:
(A) To organize, train, equip and provide Navy and Marine Corps forces for the conduct of prompt and sustained combat incident to operations at sea, including operations of sea-based aircraft and land-based naval air components—specifically, forces to seek out and destroy enemy naval forces and to suppress enemy sea commerce, to gain and maintain general naval supremacy, to control vital sea areas and to protect vital sea lines of communication, to establish and maintain local superiority (including air) in an area of naval operations, to seize and defend advanced naval bases, and to conduct such land, air, and space operations as may be essential to the prosecution of a naval campaign.
(B) To maintain the Marine Corps which will be organized, trained, and equipped to provide Fleet Marine Forces of combined arms, together with supporting air components, for service with the fleet in the seizure or defense of advanced naval bases and for the conduct of such land operations as may be essential to the prosecution of
(C) Further, the Marine Corps will:
(
(
(
(D) To organize and equip, in coordination with the other Military Services, and to provide naval forces, including naval close air support and space forces, for the conduct of joint amphibious operations, and to be responsible for the amphibious training of all forces assigned to joint amphibious operations in accordance with joint doctrines.
(E) To develop, in coordination with the other Services, the doctrines, procedures, and equipment of naval forces for amphibious operations and the doctrines and procedures for joint amphibious operations.
(F) To organize, train, equip, and provide forces for strategic nuclear warfare to support strategic deterrence.
(G) To furnish adequate, timely, reliable intelligence for the Coast Guard.
(H) To organize, train, equip, and provide forces for reconnaissance, antisubmarine warfare, protection of shipping, aerial refueling and minelaying, including the air and space aspects thereof, and controlled minefield operations.
(I) To provide the afloat forces for strategic sealift.
(J) To provide air support essential for naval operations.
(K) To organize, train, equip, and provide forces for appropriate air and missile defense and space Control operations, including the provision of forces as required for the strategic defense of the United States, in accordance with joint doctrines.
(L) To provide equipment, forces, procedures, and doctrine necessary for the effective prosecution of electronic warfare operations and, as directed, support of other forces.
(M) To furnish aerial photography, as necessary, for Navy and Marine Corps operations.
(N) To develop, in coordination with the other Services, doctrines, procedures, and equipment employed by Navy and Marine Corps forces in the conduct of space operations.
(O) To provide sea-based launch and space support for the Department of Defense when directed.
(P) To organize, train, equip, and provide forces, as directed, to operate sea lines of communication.
(Q) To organize, train, equip, and provide forces for the support and conduct of special operations.
(R) To organize, train, equip, and provide Navy and Marine Corps forces for the support and conduct of psychological operations.
(S) To coordinate with the Department of Transportation for the peacetime maintenance of the Coast Guard. During war, the Coast Guard will function as a Military Service. The specific wartime functions of the Coast Guard are as follows:
(
(
(
(iii) The collateral functions of the Navy and Marine Corps include the following:
(A) To interdict enemy land power, air power, and communications through operations at sea.
(B) To conduct close air and naval support for land operations.
(C) To furnish aerial imagery for cartographic purposes.
(D) To be prepared to participate in the overall air and space effort, as directed.
(E) To establish military government, as directed, pending transfer of this responsibility to other authority.
(iv) Navy and Marine Corps responsibilities in support of space operations include:
(A) Organizing, training, equipping, and providing Navy and Marine Corps forces to support space operations.
(B) Developing, in coordination with the other Military Services, tactics, techniques, and equipment employed by Navy and Marine Corps forces for use in space operations.
(C) Conducting individual and unit training of Navy and Marine Corps space operations forces.
(D) Participating with the other Services in joint space operations, training, and exercises, as mutually agreed to by the Services concerned or as directed by competent authority.
(v) Other responsibilities of the Navy and Marine Corps include:
(A) Providing, when directed, logistic support of Coast Guard forces, including procurement, distribution, supply, equipment, and maintenance.
(B) Providing air and land transport essential for naval operations and not otherwise provided for.
(C) Providing and operating sea transport for the Armed Forces other than that which is organic to the individual Services.
(D) Developing, in coordination with the other Services, doctrine and procedures for close air support for naval forces and for joint forces in amphibious operations.
(3)
(ii) The primary functions of the Air Force include:
(A) To organize, train, equip, and provide forces for the conduct of prompt and sustained combat operations in the air—specifically, forces to defend the United States against air attack in accordance with doctrines established by the Joint Chiefs of Staff, gain and maintain general air supremacy, defeat enemy air forces, conduct space operations, control vital air areas, and establish local air superiority except as otherwise assigned herein.
(B) To organize, train, equip, and provide forces for appropriate air and missile defense and space control operations, including the provision of forces as required for the strategic defense of the United States, in accordance with joint doctrines.
(C) To organize, train, equip, and provide forces for strategic air and missile warfare.
(D) To organize, equip, and provide forces for joint amphibious, space, and airborne operations, in coordination with the other Military Services, and to provide for their training in accordance with joint doctrines.
(E) To organize, train, equip, and provide forces for close air support and air logistic support to the Army and other forces, as directed, including airlift, air support, resupply of airborne operations, aerial photography, tactical air reconnaissance, and air interdiction of enemy land forces and communications.
(F) To organize, train, equip and provide forces for air transport for the
(G) To develop, in coordination with the other Services, doctrines, procedures, and equipment for air defense from land areas, including the United States.
(H) To organize, train, equip, and provide forces to furnish aerial imagery for use by the Army and other agencies as directed, including aerial imagery for cartographic purposes.
(I) To develop, in coordination with the other Services, tactics, techniques, and equipment of interest to the Air Force for amphibious operations and not provided for elsewhere.
(J) To develop, in coordination with the other Services, doctrines, procedures, and equipment employed by Air Force forces in airborne operations.
(K) To provide launch and space support for the Department of Defense, except as otherwise assigned.
(L) To develop, in coordination with the other Services, doctrines, procedures, and equipment employed by Air Force forces in the conduct of space operations.
(M) To organize, train, equip, and provide land-based tanker forces for the in-flight refueling support of strategic operations and deployments of aircraft of the Armed Forces and Air Force tactical operations, except as otherwise assigned.
(N) To organize, train, equip, and provide forces, as directed to operate air lines of communications.
(O) To organize, train, equip, and provide forces for the support and conduct of special operations.
(P) To organize, train, equip, and provide forces for the support and conduct of psychological operations.
(Q) To provide equipment, forces, procedures, and doctrine necessary for the effective prosecution of electronic warfare operations and, as directed, support of other forces.
(iii) Collateral functions of the Air Force include the following:
(A) Surface sea surveillance and antisurface ship warfare through air operations.
(B) Antisubmarine warfare and antiair warfare operations to protect sea lines of communications.
(C) Aerial minelaying operations.
(D) Air-to-air refueling in support of naval campaigns.
(iv) Air Force responsibilities in support of space operations include:
(A) Organizing, training, equipping, and providing forces to support space operations.
(B) Developing, in coordination with the other Military Services, tactics, techniques, and equipment employed by Air Force forces for use in space operations.
(C) Conducting individual and unit training of Air Force space operations forces.
(D) Participating with the other Services in joint space operations, training, and exercises as mutually agreed to by the Services concerned, or as directed by competent authority.
(v) Other responsibilities of the Air Force include:
(A) With respect to amphibious operations, the Air Force will develop, in coordination with the other Services, tactics, techniques, and equipment of interest to the Air Force and not provided for by the Navy and Marine Corps.
(B) With respect to airborne operations, the Air Force has specific responsibility to:
(
(
(C) With respect to close air support of ground forces, the Air Force has specific responsibility for developing, in coordination with the other Services, doctrines and procedures, except as provided for in Navy responsibilities for amphibious operations and in responsibilities for the Marine Corps.
(a) Defense Advanced Research Projects Agency (DARPA). See 32 CFR part 358.
(b) Defense Communications Agency (DCA). See 32 CFR part 362.
(c) Defense Contract Audit Agency (DCAA). See 32 CFR part 357.
(d) Defense Intelligence Agency (DIA). See 32 CFR part 354.
(e) Defense Investigative Service (DIS). See 32 CFR part 361.
(f) Defense Legal Services Agency (DLSA). See DoD Directive 5145.4,
(g) Defense Logistics Agency (DLA). See 32 CFR part 359.
(h) Defense Mapping Agency (DMA). See 32 CFR part 360.
(i) Defense Nuclear Agency (DNA). See DoD Directive 5105.31,
(j) Defense Security Assistance Agency (DSAA). See 32 CFR part 363.
(k) The National Security Agency and the Central Security Service (NSA/CSS). See DoD Directive S-5100.20, December 23, 1971.
(l) Strategic Defense Initiative Organization (SDIO). See DoD Directive 5141.5,
10 U.S.C. 113 and 133a.
59 FR 35261, July 11, 1994, unless otherwise noted.
Pursuant to 10 U.S.C. 133a and the authority vested in the Secretary of Defense by 10 U.S.C. 113, this part establishes the position of PDUSD(A&T) with the responsibilities, functions, relationships, and authorities, as prescribed in this part.
This part applies to the Office of the Secretary of Defense, the Military Departments, the Chairman of the Joint Chiefs of Staff, the Unified Combatant Commands, the Office of the Inspector General of the Department of Defense, the Defense Agencies, and the DoD Field Activities.
The Principal Deputy Under Secretary of Defense for Acquisition and Technology, as the primary assistant of the Under Secretary of Defense for Acquisition and Technology (USD(A&T)), advises and assists the USD(A&T) across the full range of responsibilities in providing staff advice and assistance to the Secretary and Deputy Secretary of Defense, particularly with regard to ensuring the integrity of Major Systems Acquisition oversight and processes, acquisition and procurement policy execution and oversight functions, and by law is empowered to act on behalf of the USD(A&T). As such the PDUSD(A&T) shall:
(a) Assist the USD(A&T) in carrying out the responsibilities, functions, relationships, and authorities contained in law and 32 CFR part 384.
(b) Exercise full power and authority to act for the USD(A&T) and to exercise the powers of the USD(A&T) upon any and all matters concerning which the USD(A&T) is authorized to act pursuant to law and 32 CFR part 384, as directed by the Under Secretary, or when the Under Secretary is absent or disabled.
(c) Exercise authority, direction, and control over organizations designated by the USD(A&T) for supervision by the PDUSD(A&T).
10 U.S.C. 133.
47 FR 34983, Aug. 12, 1982, unless otherwise noted.
This part is reissued to update the DoD Health Council (DHC) charter, and
The provisions of this part apply to the Office of the Secretary of Defense, the Military Departments, and the Organization of the Joint Chiefs of Staff (OJCS). The term, “Military Service,” refers to the Army, Navy, Air Force, and Marine Corps.
(a) The DHC is composed of the Assistant Secretary of Defense (Health Affairs) (ASD(HA)), who serves as the chair, the Surgeons General from each of the Military Departments, and one representative from the OJCS and from the Uniformed Services University of the Health Sciences.
(b) The Council meets regularly at the call of the chair.
(c) The Council is supported by an Executive Director who is selected by the ASD(HA). To assist the Executive Director, each member of the DHC, other than the ASD(HA), designates an officer or civilian employee within its organization on a part-time basis to prepare issue items.
(d) The Executive Director of the DHC, subject to the direction of the chair:
(1) Plans, organizes, and manages the administrative activities of the DHC.
(2) Coordinates the development of reports and issues for consideration by the DHC.
(3) Develops and coordinates plans and programs that are required to accomplish the DHC's responsibilities.
(4) Performs other directed duties.
The DHC complements the statutory responsibilities of the ASD(HA), in accordance with 32 CFR part 367, by advising him on DoD health matters; provides a forum for consultation, discussion, and advice on DoD health plans, policies, and related issues; and facilitates coordination among the organizations represented by the DHC members.
(a) In carrying out the provisions of this charter part, the
(1) Advise the ASD(HA) on policy changes required to improve wartime readiness and the delivery of health care.
(2) Advise the ASD(HA) on coordination with other Federal agencies to enhance health care delivery.
(3) Develop and maintain health objectives with appropriate tasks and priorities approved by the ASD(HA) that:
(i) Increase the wartime medical readiness of the Military Departments.
(ii) Increase the productivity, efficiency, and economy of the Armed Forces health care system without unnecessary duplication of resources.
(iii) Enhance recruitment, retention, training, and use of health care professionals within the Armed Forces health care system to meet Military Service requirements.
(iv) Improve the effectiveness of the direct and indirect health care delivery system to meet the demands of the eligible beneficiary population.
(b) The
(a)
(b)
(2) The DCC shall be supported by an executive secretary. The Special Assistant for Dental Affairs, Office of the ASD(HA), shall serve in this capacity. The Dental Corps chiefs shall designate an officer or civilian employee within their Military Departments to assist the executive secretary on a part-time basis in the preparation of issue and agenda items.
(3) Matters referred to the DHC will be coordinated through the DHC executive director.
(c)
(i) Advise the DHC through each Military Department's Surgeon General when policy changes are required to improve wartime readiness and the delivery of dental health care.
(ii) Coordinate with other Federal dental health agencies to enhance dental health care delivery.
(iii) Develop and maintain dental health objectives that will:
(A) Increase the wartime dental readiness of the Military Departments;
(B) Increase dental care productivity, efficiency, and economy within the Armed Forces health care system without unnecessary duplication of resources.
(C) Enhance recruitment, retention, training, and use of dental health care professionals within the Armed Forces health care system to meet military requirements.
(D) Improve the effectiveness of the direct and indirect dental health care delivery system to meet the demands of the eligible beneficiary population.
(2) The
(i) Plan, organize, and manage the activities of the DCC.
(ii) Coordinate the development of reports and issues for consideration by the DCC.
(iii) Develop and coordinate the plans and programs to accomplish the responsibilities of the DCC.
(iv) Perform such other duties as may be directed by the chair.
(a)
(b)
(2) The MMDSC meets regularly at the call of the chair.
(3) The MMDSC is supported by the staff of the DASD(MR). Each member of the MMDSC provides additional support from his or her organization, as required.
(4) The DASD(MR) directs the preparation of the agenda and minutes of the MMDSC. Any member of the MMDSC may recommend agenda items.
(c)
(i) Develop objectives for inter-Service management of wartime medical logistics and material, and review and coordinate that management.
(ii) Develop objectives for cross-Service utilization of medical personnel, and review and coordinate their attainment.
(iii) Review and coordinate peacetime training in wartime medical skills to ensure an adequate level of medical readiness.
(iv) Recommend to the DHC any policy changes needed to achieve the goal of medical readiness.
(v) Convene in time of crisis to coordinate tri-Service medical mobilization or other appropriate responses, including:
(A) The allocation of returning overseas casualties among military and civilian components of the civilian/military contingency hospital system; and
(B) The provision of medical care to military dependents, retirees and their dependents, and survivors of military members, both within the military health care system and through the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS).
(2) The
10 U.S.C. 113 and 191.
58 FR 48308, Sept. 15, 1993, unless otherwise noted.
Under the authority vested in the Secretary of Defense by 10 U.S.C. 113 and 191, this part establishes the DPMO within the Department of Defense, with the mission, organization, responsibilities, functions, relationships, and authorities prescribed herein.
This part applies to the Office of the Secretary of Defense (OSD); the Military Departments; the Chairman of the Joint Chiefs of Staff and the Joint Staff; the Unified and Specified Combatant Commands; the Inspector General of the Department of Defense; the Defense Agencies; and the DoD Field Activities (hereafter referred to collectively as “the DoD Components”).
The DPMO provides centralized management of prisoner of war/missing in action (POW/MIA) affairs within the Department of Defense.
The DPMO is hereby established as a DoD Field Activity under the authority, direction, and control of the Assistant Secretary of Defense for Regional Security Affairs (ASD(RSA)). The DPMO shall consist of a Director and such subordinate elements as the Director establishes, within the resources authorized by the Secretary of Defense.
(a) The
(1) Organize, direct, and manage the DPMO and all assigned resources.
(2) Advise and assist the Under Secretary of Defense for Policy (USD(P)) and the ASD(RSA) within assigned mission, responsibilities, and functions.
(3) Support the USD(P) and the ASD(RSA) in the execution of their responsibilities to develop, coordinate, and oversee the implementation of POW/MIA policy.
(4) Serve as the DoD focal point for POW/MIA matters.
(5) Provide DoD participation in the conduct of negotiations with officials of foreign governments in efforts to achieve the fullest possible accounting of missing American service members.
(6) Assemble and analyze information on U.S. military and civilian personnel who are, or were, prisoners of war or missing in action.
(7) Maintain data bases on U.S. military and civilian personnel who are, or were, prisoners of war or missing in action.
(8) Declassify DoD documents for disclosure and release in accordance with section 1082 of Public Law 102-190 and Executive Order 12812, 57 FR 32879, 3 CFR, 1992 Comp., p. 311.
(9) Maintain open channels of communication on POW/MIA matters between the Department of Defense and the Congress, POW/MIA families, and veteran organizations, through periodic consultations and other appropriate measures.
(10) Provide appropriate representation to established POW/MIA-related interagency fora.
(11) Provide a statement of intelligence collection requirements to the
(12) Perform such other functions as the ASD(RSA) may prescribe.
(b) The
(1) Exercise authority, direction, and control over the DPMO.
(2) Recommend policies and resources for the administration of the DPMO to the Under Secretary of Defense for Policy.
(a) In the performance of assigned responsibilities and functions, the Director, DPMO, shall:
(1) Report directly to the ASD(RSA).
(2) Coordinate and exchange information with other OSD officials, heads of the DoD Components, and other Federal officials having collateral or related functions.
(3) Use existing facilities and services of the Department of Defense and other Federal Agencies, when practicable, to avoid duplication and to achieve maximum efficiency and economy.
(b) Other OSD officials and heads of the DoD Components shall coordinate with the Director, DPMO, on all matters related to the responsibilities and functions of the DPMO.
The Director, DPMO, is hereby delegated authority to:
(a) Obtain reports, information, advice, and assistance, consistent with the policies and criteria of DoD Directive 8910.1,
(b) Communicate directly with the heads of the DoD Components. Communications to the Commanders of Unified and Specified Combatant Commands shall be transmitted through the Chairman of the Joint Chiefs of Staff.
(c) Communicate with other Government officials, representatives of the legislative branch, members of the public, and representatives of foreign governments, as appropriate, in carrying out assigned functions.
(a) The DPMO shall be authorized such personnel, facilities, funds, and other resources as the Secretary of Defense deems necessary.
(b) The Military Departments shall assign military personnel to the DPMO in accordance with approved authorizations and established procedures for assignment to joint duty.
(c) Administrative support required for the DPMO shall be provided by the Director, Washington Headquarters Services.
Pub. L. 95-452 and 10 U.S.C., chapter 4.
48 FR 36247, Aug. 10, 1983, unless otherwise noted.
This part implements the provisions of Pub. L. 95-452, which establishes the position of Inspector General (IG) and the Office of the Inspector General (OIG) in the Department of Defense, and sets forth responsibilities, functions, authorities, and relationships as outlined below.
(a) This part applies to the Office of the Secretary of Defense (OSD), the Military Departments, the Organizations of the Joint Chiefs of Staff (OJCS), the Unified and Specified Commands, and the Defense Agencies (hereinafter referred to as “DoD Components”).
(b) Its provisions cover all programs and operations administered or financed by the Department of Defense.
As an independent and objective office in the Department of Defense, the OIG shall:
(a) Conduct, supervise, monitor, and initiate audits and investigations relating to programs and operations of the Department of Defense.
(b) Provide leadership and coordination and recommend policies for activities designed to promote economy, efficiency, and effectiveness in the administration of, and to prevent and detect fraud and abuse in, such programs and operations.
(c) Provide a means for keeping the Secretary of Defense and the Congress fully and currently informed about problems and deficiencies relating to the administration of such programs and operations and the necessity for and progress of corrective action.
(a) The IG, a civilian appointed by the President, with the advice and consent of the Senate, shall serve as head of the OIG.
(b) The IG, in accordance with applicable laws and regulations governing the civil service, shall:
(1) Appoint a Deputy Inspector General, who shall serve as IG in his or her absence.
(2) Appoint an Assistant Inspector General for Auditing who shall supervise the performance of auditing activities relating to programs and operations of the Department of Defense.
(3) Appoint an Assistant Inspector General for Investigations who shall supervise the performance of investigative activities relating to programs and operations of the Department of Defense.
(4) Select, appoint, and employ such other officers and employees as may be necessary to carry out the mission, functions, responsibilities, and authorities assigned herein.
(c) The OIG shall consist of organizational elements established by the IG within the resources assigned by the Secretary of Defense or by statute.
(d) The Secretaries of the Military Departments or their designees shall assign military personnel to the OIG in accordance with approved authorizations and established procedures for assignments to joint duty.
(e) The Secretary of Defense shall provide the OIG with appropriate and adequate office space at central and field office locations together with such equipment, office supplies, and communications facilities and services as may be necessary for the operation of the OIG, and shall provide necessary maintenance services for offices and equipment and facilities located therein.
(a) The
(1) Be the principal adviser to the Secretary of Defense on all audit and criminal investigative matters covered under Pub. L. 95-452 and for matters relating to the prevention and detection of fraud, waste, and abuse in the programs and operations of the Department of Defense.
(2) Initiate, conduct, and supervise such audits and investigations in the Department of Defense, including the Military Departments, as the IG considers appropriate.
(3) Provide policy direction for audits and investigations relating to fraud, waste, and abuse and program effectiveness.
(4) Evaluate and review the work of all DoD activities relating to contract audit, internal audit, internal review, military exchange audit, and independent public accountant audit service programs.
(5) Investigate fraud, waste, and abuse uncovered as a result of contract and internal audits, as the IG considers appropriate.
(6) Develop policy, monitor and evaluate program performance, and provide guidance with respect to all DoD activities relating to criminal investigation programs.
(7) Monitor and evaluate the adherence of DoD auditors to internal audit, contract audit, and internal review principles, policies, and procedures.
(8) Develop policy, evaluate program performance, and monitor actions taken by all DoD Components in response to contract audits, internal audits, internal review reports, and audits conducted by the Comptroller General of the United States.
(9) Monitor and give particular regard to the activities of the internal audit, inspection, and investigative units of DoD Components (including
(10) Provide policy direction for and conduct, supervise, and coordinate audits and investigations relating to DoD programs and operations.
(11) Review existing and proposed legislation and regulations relating to DoD programs and operations and make recommendations thereon in accordance with section 4(a)(2) of Pub. L. 95-452 concerning their impact on economy and efficiency or on the prevention and detection of fraud and abuse in DoD programs and operations.
(12) Recommend policies for and conduct, supervise, or coordinate other activities carried out or financed by the Department of Defense for the purpose of promoting economy and efficiency in the administration of, or preventing and detecting fraud and abuse in, its programs and operations.
(13) Recommend policies for and conduct, supervise, or coordinate relationships between the Department of Defense and other Federal agencies, State and local governmental agencies, and nongovernmental entities with respect to:
(i) All matters relating to the promotion of economy and efficiency in the administration of, or the prevention and detection of fraud and abuse in, programs and operations administered or financed by the Department of Defense; or
(ii) The identification and prosecution of participants in such fraud or abuse.
(14) Keep the Secretary of Defense and Congress fully and currently informed concerning fraud and other serious problems, abuses, and deficiencies relating to the administration of programs and operations administered or financed by the Department of Defense, recommend corrective action concerning such problems, abuses, and deficiencies, and report on the progress made in implementing such corrective action.
(15) Receive and investigate, consistent with Section 7 of Pub. L. 95-452 and DoD Directive 7050.1 complaints or information concerning the possible existence of an activity constituting a violation of law, rules, or regulations, or mismanagement, gross waste of funds, or abuse of authority, or a substantial and specific danger to the public health and safety involving the Department of Defense.
(16) Organize, direct, and manage the OIG and all resources assigned thereto.
(17) Perform other duties as assigned by the Secretary of Defense.
(b) The
(c) The
(a) The IG shall carry out the above responsibilities and functions under the general supervision of the Secretary of Defense and shall not be prevented or prohibited from initiating, carrying out, or completing any audit or investigation, or from issuing any subpoena during the course of any audit or investigation; except that the IG shall be subject to the authority, direction, and control of the Secretary with respect to audits, investigations, or the issuances of subpoenas that require access to information concerning:
(1) Sensitive operational plans.
(2) Intelligence matters.
(3) Counterintelligence matters.
(4) Ongoing criminal investigations by other administrative units of the Department of Defense related to national security.
(5) Other matters the disclosure of which would constitute a serious threat to national security.
(b) If the Secretary of Defense exercises the authority to restrict IG access under paragraph (a) of this section, the IG shall submit a statement concerning such exercise within 30 days to the Committees on Armed Services and Governmental Affairs of the Senate and the Committees on Armed Services and Government Operations of
(c) In the performance of assigned responsibilities and functions, the IG shall:
(1) Coordinate actions, as he or she deems appropriate, with other DoD Components and, unless precluded by the nature of the matter, notify the Secretaries of the Military Departments concerned before conducting audits or investigations of matters normally under the jurisdiction of the Military Departments.
(2) Give particular regard to the activities of the Comptroller General of the United States with a view toward avoiding duplication and insuring effective coordination and cooperation.
(3) Coordinate, as appropriate, with the Under Secretary of Defense for Policy and the Assistant to the Secretary of Defense (Intelligence Oversight) on matters relating to their respective areas of responsibility.
(4) Report expeditiously to the Attorney General whenever the IG has reasonable grounds to believe there has been a violation of Federal criminal law.
(5) Report expeditiously to the Military Department Secretary concerned any suspected or alleged violations of the Uniform Code of Military Justice.
In addition to the authorities delegated in Pub. L. 95-452, the IG is hereby delegated authority to:
(a) Issue DoD instructions, DoD publications, and one-time, directive-type memoranda, consistent with DoD 5025.1-M that implement policies approved by the Secretary of Defense in assigned areas of responsibility. Instructions shall be issued directly to elements of the OSD and the Defense Agencies. Instructions to the Military Departments shall be issued through the Secretaries of those Departments or their designees. Instructions to the Unified and Specified Commands shall be issued through the JCS.
(b) Have access to all records, reports, investigations, audits, reviews, documents, papers, recommendations, or other material available to any DoD Component. These normally shall be obtained consistent with DoD Directive 5000.19.
(1) Except as specifically denied in writing by the Secretary of Defense pursuant to the authority contained in Section 8 of Pub. L. 95-452 and § 373.6(a), above, no officer, employee, or service member of any DoD Component may deny the IG, or officials assigned by the IG, access to information, or prevent them from conducting an audit or investigation.
(2) IG officials shall possess proper access security clearance when sensitive classified data are requested.
(c) Communicate directly with personnel of other DoD Components on matters related to Pub. L. 95-452 and this part. To the extent practicable and consistent with the responsibilities and functions of the Military Departments as described in § 373.5(b), above, the head of the DoD Component concerned shall be kept informed of such direct communications.
(d) Request assistance as needed from other audit, inspection, and investigative units of DoD Components. In such cases, assistance shall be requested through the head of the DoD Component concerned.
(e) Request information or assistance from any Federal, State, or local governmental agency, or unit thereof.
(f) Exercise the administrative authorities contained in § 373.8.
Pursuant to the authority vested in the Secretary of Defense, and in accordance with DoD policies, Directives, and Instructions, the Inspector General (IG) of the Department of Defense or, in the absence of the IG, the person acting for him or her, is hereby delegated authority, as required in the administration and operation of the Office of the Inspector General (OIG) to:
(a) Fix rates of pay for wage board employees exempted from Title 5 U.S. Code, section 5102(c)(7), on the basis of rates established under the Coordinated Federal Wage System. In fixing those rates, the wage schedules established by DoD wage-fixing authority shall be followed.
(b) Establish advisory committees and employ part-time advisors for the
(c) Administer oaths of office incident to entrance into the Executive Branch of the Federal Government or any other oath required by law in connection with employment therein, in accordance with Title 5 U.S. Code, section 2903(b), and designate in writing other officers and employees of the OIG to perform this function. Administer oaths as provided by Title 5 U.S. Code 303.
(d) Establish an OIG Incentive Awards Board and pay cash awards to and incur necessary expenses for the honorary recognition of OIG civilian employees whose suggestions, inventions, or superior acts or service benefit or affect the OIG or its subordinate activities in accordance with Title 5 U.S. Code 4503, and Office of Personnel Management (OPM) regulations.
(e) Perform the following functions in accordance with the provisions of Title 5 U.S. Code 7532; Executive Order 10450, “Security Requirements for Government Employment,” April 27, 1953; and DoD 5200.2-R, “DoD Personnel Security Program,” December 20, 1979:
(1) Designate any position in the OIG as a “sensitive” position.
(2) Authorize, in case of an emergency, the appointment of a person to a sensitive position in the OIG for a limited period of time for whom a full field investigation or other appropriate investigation, including the National Agency Check, has not been completed.
(3) Authorize the suspension, but not the termination, of the services of an OIG employee in the interest of national security.
(f) Clear OIG personnel and other individuals, as appropriate, for access to classified DoD material and information in accordance with the provisions of DoD 5200.2-R and Executive Orders 10450 and 12356, “National Security Information,” April 2, 1982.
(g) Act as agent for the collection and payment of employment taxes imposed by Chapter 24, section 3401, of the Internal Revenue Code of 1954 and, as such agent, make all determinations and certifications required or provided under Title 26 U.S. Code 3122, and Title 42 U.S. Code 405(p) (1) and (2), with respect to OIG employees.
(h) Authorize and approve overtime work for OIG civilian personnel in accordance with Title 5 U.S. Code, subchapter V, chapter 55, and § 550.11 of the OPM regulations.
(i) Authorize and approve:
(1) Travel for OIG civilian personnel in accordance with Volume 2, Department of Defense Civilian Personnel, Joint Travel Regulations.
(2) Temporary duty travel only for military personnel assigned to or detailed to the OIG in accordance with Volume 1, Joint Travel Regulations.
(3) Invitational travel to persons serving without compensation whose consultative, advisory, or highly specialized technical services are required in a capacity that is directly related to or in connection with OIG activities, pursuant to Title 5 U.S. Code 5703, and Part A, Chapter 6, Volume 2, Joint Travel Regulations.
(j) Approve the expenditure of funds available for travel by military personnel assigned or detailed to the OIG for expenses incident to attendance at meetings of technical, scientific, professional, or other similar organizations in such instances where the approval of the Secretary of Defense, or designee, is required by law (Title 37 U.S. Code 412). This authority cannot be redelegated.
(k) Develop, establish, and maintain an active and continuing Records Management Program under DoD Directive 5015.2, “Records Management Program,” September 17, 1980; and parts 286 and 286a of this title.
(l) Establish and use imprest funds for making small purchases of material and services, other than personal, for the OIG when it is determined more advantageous and consistent with the best interests of the government, in accordance with DoD Instruction 5100.71, “Delegation of Authority and Regulations Relating to Cash Held at Personal Risk Including Imprest Funds,” March 5, 1973, and the Joint Regulation of the General Services Administration/Treasury Department/General Accounting Office, “For Small Purchases Utilizing Imprest Funds.”
(m) Authorize the publication of advertisements, notices, or proposals in newspapers, magazines, or other public periodicals as required for the effective
(n) Establish and maintain appropriate property accounts for the OIG and appoint boards of survey, approve reports of survey, relieve personal liability, and drop accountability for OIG property contained in the authorized property accounts that has been lost, damaged, stolen, destroyed, or otherwise rendered unserviceable, in accordance with applicable laws and regulations.
(o) Issue the necessary security regulations for the protection of property and places under the jurisdiction of the IG, under DoD Directive 5200.8, “Security of Military Installations and Resources,” July 29, 1980.
(p) Establish and maintain, for the functions assigned, an appropriate publications system for the promulgation of common supply and service regulations, instructions, and reference documents, and changes thereto, consistent with DoD 5025-1M, “Department of Defense Directives System Procedures,” April 1981.
(q) Enter into support and service agreements with the Military Departments, other DoD Components, or other governement agencies as required for the effective performance of responsibilities and functions assigned to the OIG.
(r) Authorize OIG personnel to carry firearms in accordance with DoD Directive 5210.66, “Carrying of Firearms by Department of Defense Personnel,” May 31, 1979.
(s) Exercise original Top Secret classification authority.
(t) Issue credentials and other identification to employees of the OIG.
(u) The Inspector General may redelegate these authorities, in writing, except as otherwise specifically indicated above or as otherwise provided by law or regulation.
10 U.S.C. 131.
56 FR 65421, Dec. 17, 1991, unless otherwise noted.
Under the authority vested in the Secretary of Defense by Title 10, United States Code, this part:
(a) Establishes DSAs as an organizational category within the Department.
(b) Prescribes policy and assigns responsibilities under which DSAs shall operate.
This part applies to the Office of the Secretary of Defense (OSD), the Military Departments, the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Unified and Specified Commands, the Inspector General of the Department of Defense, the Defense Agencies, and the DoD Field Activities (hereafter referred to collectively as “the DoD Components”).
(a)
(1) Function under the direction, authority, and control of an OSD Principal Staff Assistant.
(2) Perform technical and/or analytical support functions in specific areas of interest—as distinct from the normal OSD functions of developing policy, managing resources, and evaluating and overseeing programs.
(3) Have a primary organizational mission to perform assigned functions for a designated OSD Principal Staff Assistant(s)—as distinct from organizations whose primary mission is to provide support for all or several DoD Components.
(4) Be organizationally located outside the OSD and within another DoD
(5) Receive manpower, operational funding, and other administrative support from the DoD Component in which the DSA is located.
(b)
A DSA shall be established in accordance with this part when it is the most efficient and effective organizational alternative for accomplishing essential technical and/or analytical support functions for an OSD Principal Staff Assistant, and shall be organized and staffed in a manner that permits the effective accomplishment of assigned responsibilities with a minimum number of personnel. To provide a framework for implementing this policy, the Director of Administration and Management shall maintain:
(a) A DoD-wide definition and criteria for DSAs.
(b) An approved list of DSAs.
(c) A procedure for establishing, disestablishing, and modifying the organization of a DSA(s).
(d) A common method of accounting for DSA personnel, and for separately and visibly describing DSA support funding and costs within the DoD budget.
(a) The Director of Administration and Management, Office of the Secretary of Defense, shall:
(1) Be the DoD approval authority, with concurrence by the Assistant Secretary of Defense (Force Management and Personnel) (ASD(FM&P)) and the Comptroller of the Department of Defense (C, DoD), for requests from OSD Principal Staff Assistants to establish or disestablish a DSA(s), or to change the mission and functions of an existing DSA. Approval will be subject to funding and manpower availability, along with other relevant factors.
(2) Be the DoD approval authority for requests from an OSD Principal Staff Assistant to increase the overall funding level for DSA(s) under that official's sponsorship. Increases that would add to the overall funding level of the separate DSA budget line in the O&M Defense Agencies Appropriation are subject to fund availability, and shall be addressed through the normal budget process.
(3) Maintain, monitor, and revise, as necessary, the official list of DSAs in appendix A to this part.
(4) Conduct periodic reviews to evaluate the continuing requirement for existing DSAs, and to ensure that the DoD components are accounting for DSAs in accordance with this part.
(b) The Assistant Secretary of Defense (Force Management and Personnel) shall review DSA manpower authorizations and issue guidance to ensure compliance with manpower levels established by the Secretary of Defense or by law.
(c) The Comptroller of the Department of Defense shall:
(1) Establish a separate DSA budget activity in the O&M Defense Agencies Appropriation.
(2) Review DSA supporting resource data contained in requests from OSD Principal Staff Assistants to establish a DSA(s), and in subsequent DSA budget submissions.
(3) Ensure that all funds required to support a DSA are separately and visibly described and justified in the budget of the DoD Component designated to provide administrative support to that DSA.
(d) The OSD Principal Staff Assistants shall:
(1) Forward requests for establishing or disestablishing a DSA(s), or for modifying the organization of an existing DSA (if changes to currently approved manpower for funding levels are required), to the Director, Administration and Management (DA&M), OSD for approval. Recommendations for establishing a DSA shall include: Assignment of DSA responsibilities, functions, relationships, authorities; identification of funding support and other
(2) When approved, establish the DSA in accordance with this part, and ensure that the DSA is efficiently organized and staffed.
(3) Exercise authority, direction, and control over the DSA(s) assigned to their respective offices.
(4) Ensure appropriate internal management controls are established for DSAs assigned to their office, in accordance with DoD Directive 5010.38
(5) Ensure all personnel assigned to a DSA under their authority are accounted for as OSD Management Headquarters Support personnel, in accordance with DoD Directive 5100.73
(6) Be the approval authority for reallocations between personnel and non-personnel funds within a single DSA under their authority, and for reprogramming funds between DSAs under their authority, as long as the overall funding level for those DSAs is not exceeded and no other DoD reprogramming restrictions are in effect. Requests for increases that would add to the overall funding level of the DSAs under thier authority shall be referred to the DA&M, OSD for approval, consistent with paragraph (a)(2) of this section.
(7) As required, develop a memorandum of understanding (MOU) with the DoD Component designated to provide administrative support to a DSA(s) assigned to their office. MOUs shall comply with this part and, as a minimum, include supervisory, policymaking, and operating instructions, and establish required administrative controls.
(e) The Heads of the DoD Components designated to provide support to a DSA shall:
(1) Provide manpower and operational funding to the assigned DSA(s).
(2) Provide full administrative support to the assigned DSA(s) in accordance with this part and any implementing MOU that may be completed with the sponsoring OSD Principal Staff Assistant. In the case of the Defense Logistics Agency, administrative support to the assigned DSAs shall be provided on a reimbursable basis; the necessary additional funding to accommodate this requirement will be included in the appropriate DSA budget.
(3) Account for all personnel assigned to a DSA as OSD Management Headquarters Support personnel, maintain DSA manpower strength data by category of personnel (military and civilian), and report the data, under DoD Directive 5100.73, as a separate “OSD DSA” item in the Future Years Defense Program using Defense Planning and Programming Category program element code ending in “98.”
(4) Submit a DoD Management Headquarters Exhibit (PB-22) and a Reconciliation of Increases and Decreases Exhibit (OP-5) which specifically identify the assigned DSA(s) to the C, DoD, in accordance with DoD 7110.1-M
(5) Ensure all DSA manpower requirements and budget documentation are appropriately coordinated with and approved by the sponsoring OSD Principal Staff Assistant, prior to submission to cognizant OSD officials.
(6) Ensure all funds required to support the DSA are separately and visibly described and justified in the Component budget.
10 U.S.C. chapter 4.
52 FR 41993, Nov. 2, 1987, unless otherwise noted. Redesignated at 58 FR 39360, July 22, 1993.
This part revises 32 CFR part 377 and, pursuant to the authority vested in the Secretary of Defense under title 10, U.S. Code assigns direction, authority, and control over the Defense Investigative Service (DIS) to the Deputy Under Secretary of Defense for Policy (DUSD(P)), and prescribes the organization and management, functions, responsibilities, relationships, and authorities described in the following.
This part applies to the Office of the Secretary of Defense, the Military Departments, the Organization of the Joint Chiefs of Staff, the Unified and Specified Commands, and the Defense Agencies (hereafter referred to collectively as “DoD Components”).
(a) The DIS is a separate agency of the Department of Defense under the direction, authority, and control of the DUSD(P).
(b) The DIS shall consist of a Director, appointed by the Secretary of Defense, a management headquarters; a Defense Industrial Security Clearance Office (DISCO); a Personnel Investigations Center (PIC); a Defense Security lnstitute; and such subordinate units and field activities as are established by the Director, DIS, or as assigned to the DIS by the Secretary of Defense. Subordinate units and field activities may be located overseas in support of the industrial security mission.
(c) The DIS shall be authorized such personnel, facilities, funds, and other
(d) Military personnel may be assigned to the DIS from the Military Departments in accordance with approved authorizations and established procedures for assignment to joint duty.
The DIS is a law enforcement, personnel security investigative, and industrial security agency and shall:
(a) Provide a single, centrally directed personnel security investigative service to conduct personnel security investigations for DoD Components within the United States and its Trust Territories and, when authorized by the DUSD(P), for other U.S. Government departments and agencies. The DIS shall request the Military Departments, or when appropriate other U.S. Government activities, to accomplish investigative requirements assigned to it in other geographic areas.
(b) Operate a consolidated Personnel Security Investigations Center in accordance with DoD Directive 5200.27
(c) Manage the Defense Central Index of Investigations.
(d) Administer the Defense Industrial Security Program (DISP) under DoD 5220.22-R.
(e) Operate the DISCO as a consolidated central facility to process industrial personnel security clearances.
(f) Administer the Defense Industrial Facilities Protection Program (DIFPP) under DoD Directive 5160.54
(g) Provide inspection policy and procedures essential to assess DoD contractor compliance with DoD physical security requirements for the protection of sensitive conventional arms, ammunition and explosives (AA&E) under DoD Instruction 5220.30
(h) As authorized by the DUSD(P) and under 32 CFR part 213 provide support for law enforcement investigations involving DoD personnel, facilities, or contractors conducted by authorized investigative agencies of the Military Departments, Inspector General, Department of Defense (IG, DoD), the Federal Bureau of Investigation, or other Federal investigative agencies.
(i) Conduct investigations of unauthorized disclosure of classified information not under the jurisdiction of the Military Departments and other investigations as the DUSD(P) may direct.
(j) Review criminal history record information at police local, State, or Federal law enforcement agencies; and related record repositories, as required.
(k) Conduct surveys and prepare analyses and estimates of managed programs.
(l) Provide administrative and computer support to the Defense Integrated Management Information System (DIMIS).
(m) Maintain an official seal and attest to the authenticity of official DIS records under that seal.
(a) The
(1) Organize, direct, and manage the DIS and all assigned resources.
(2) Establish standards and procedures for certification and accreditation of DIS personnel assigned to perform investigative and industrial security duties.
(3) Provide for industrial security and personnel security investigative training for DIS personnel and information and industrial security training for DoD and other U.S. Government personnel, employees of U.S. Government contractors, and selected foreign governments.
(4) Program, budget, account for, and report the activities of the DIS in accordance with the policies and procedures established by the Secretary of Defense.
(5) Refer to the appropriate civilian and military investigative agency matters developed as a result of DIS investigations that involve alleged criminal misconduct or have a significant intelligence or counterintelligence aspect.
(6) Under normal circumstances, refer alleged criminal activity by DIS personnel to the Office of the Assistant Inspector General for Investigations
(7) Administer the DISP, DIFPP, and the AA&E Programs.
(8) Develop, publish, and implement procedures under the policy guidance and general supervision of the DUSD(P) with respect to the DISP, DIFPP, and AA&E Programs.
(9) Arrange, conduct, and participate in meetings, seminars, and conferences between industry, industrial and professional associations, international organizations, foreign governments, and the Department of Defense and other U.S. Government agencies concerning all aspects of industrial security.
(10) Administer the Security C1assification Management Program in industry under E.O. 10865 and E.O. 12356, including promulgation of policy, regulatory provisions, educational requirements, and resolution of problems.
(11) Under the general supervision and approval of the DUSD(P), prepare and publish Industrial Security Letters and Industrial Security Bulletins.
(12) Obtain reports, information advice, and assistance, consistent with DoD Directive 5000.19
(13) Ensure that all allegations of wrongdoing directed against DIS employees are promptly and thoroughly reviewed, evaluated, and processed in accordance with Office of Personnel Management (OPM), DoD, and DIS regulations, instructions, directives and where applicable, Federal statutes.
(b) The
(c) The
The Director, DIS, shall carry out the above responsibilities under the direction, authority and control of the DUSD(P) and shall:
(a) Maintain liaison with other DoD Components, law enforcement agencies, industry, professional associations, academies, international organizations, foreign governments, and other agencies for the exchange of information in the field of assigned responsibility and shall render assistance, as appropriate, within the limits of established policy.
(b) Maintain a close working relationship with industrial representatives to encourage industry participation and cooperation in the furtherance of the DISP.
(c) Use existing DoD facilities and services whenever practical to achieve maximum efficiency.
The Director, DIS, or in the absence of the Director, a person acting for the Director, is hereby delegated, subject to the direction, authority, and control of the DUSD(P), and in accordance with DoD policies, directives, and instructions, and pertinent publications, authority as required in the administration and operation of the DIS to:
1. In accordance with 5 U.S.C. 302 and 3101, employ, direct, and administer DIS civilian personnel.
2. Fix rates of pay for wage board employees exempt from 5 U.S.C. chapter 51, on the basis of rates established under the Coordinated Federal Wage System. In fixing those rates, the wage schedules established by DoD Wage Fixing Authority shall be followed.
3. Establish advisory committees and part-time advisors for the performance of DIS functions pursuant to 10 U.S.C. 173, and to hire Branch of the Federal government or any other oath required by law in connection with employment therein, in accordance with 5 U.S.C. 2903(b), and to designate in writing other officers and employees of the DIS to perform this function or to administer oaths incident to any investigation conducted by the DIS.
5. Establish a DIS Incentive Awards Board and pay cash awards to, and incur necessary expenses for, the honorary recognition of civilian employees of the government whose suggestions, inventions, superior accomplishments, or other personal efforts, including special acts or services, benefit or affect the DIS or its subordinate activities in accordance with 5 U.S.C. 4503, and Office of Personnel Management regulations.
6. Perform the following functions in accordance with 5 U.S.C. 7532; Executive Order 10450, April 27, 1953; and DoD 5200.2-R, February 1984.
a. Designate the security sensitivity of positions within the DIS.
b. Authorize, in the case of an emergency, the appointment of a person to a sensitive position in the DIS for a limited period of time for whom a full field investigation or other appropriate investigation, including the National Agency Check, has not been completed.
c. Authorize the suspension and, when authorized by the DUSD(P), terminate the services of a DIS employee in the interests of national security.
7. Clear DIS personnel and such other individuals as may be appropriate for access to classified DoD material and information in accordance with the provisions of DoD 5200.2-R. As an exception, the personnel security investigation of individuals who are incumbents of, or are proposed for, Senior Executive Service positions within the DIS as Director, Deputy Director (Investigations), or Deputy Director (Industrial Security), shall be conducted by a non-DIS investigative agency designated by the DUSD(P). Similarly, the results of such investigations shall be adjudicated by a non-DIS authority designated by the DUSD(P).
8. Act as an agent for the collection and payment of employment taxes imposed by chapter 21 of the Internal Revenue Code of 1954, and, as such agent, make all determinations and certifications required or provided under 26 U.S.C. 3122 and 42 U.S.C. 405(p) (1) and (2), with respect to DIS personnel.
9. Authorize and approve overtime work for DIS personnel in accordance with the provisions of § 550.111 of the OPM Regulations.
10. Authorize and approve:
a. Travel for DIS personnel in accordance with the Joint Travel Regulations (JTR), Volume 2, Department of Defense civilian personnel.
b. Temporary duty travel for military personnel assigned or detailed to the DIS in accordance with JTR, Volume 1, Members of the Uniformed Services.
c. Invitational travel to persons serving without compensation whose consultative, advisory, or highly specialized technical services are required in a capacity that is directly related to, or in connection with, DIS activities, pursuant to 5 U.S.C. 5703.
11. Approve the expenditure of funds available for travel by military personnel assigned or detailed to DlS for expenses incident to attendance at meetings of technical, scientific, professional or other similar organizations in such instances where the approval of the Secretary of Defense or his designee is required by law (37 U.S.C. 412, 5 U.S.C. 4110 and 4111). This authority cannot be redelegated.
12. Develop, establish, and maintain an active and continuing Records Management Program under 44 U.S.C. 3102 and DoD Directive 5015.2, September 17, 1980.
13. Enter into and administer contracts, directly or through a DoD Component, or other Government department or agency, as appropriate, for supplies, equipment, and services required to accomplish the mission of the DIS. To the extent that any law or Executive Order specifically limits the exercise of such authority to persons at the secretarial level or a Military Department, such authority will be exercised by the Assistant Secretary of Defense (Manpower, Installations, and Logistics).
14. Establish and use imprest funds for making small purchases of material and services, other than personal, for the DIS when it is determined it is more advantageous and consistent with the best interests of the government, in accordance with the provisions of DoD Instruction 5100.71, March 5, 1973.
15. Authorize the publication of advertisements, notices, or proposals in public periodicals as required for the effective administration and operations of the DIS pursuant to 44 U.S.C. 3702.
16. Establish and maintain appropriate property accounts for DIS. Appoint Boards of Survey, approve reports of survey, relieve personal liability, and drop accountability for DIS property contained in the authorized property accounts that has been lost, damaged, stolen, destroyed, or otherwise rendered unserviceable, in accordance with applicable laws and regulations.
17. Promulgate the necessary security regulations for the protection of property and activities under the jurisdiction of the Director, DIS, pursuant to DoD Directive 5200.8, July 29, 1980.
18. Develop and maintain DoD publications and changes thereto, consistent with DoD 5025.1-M, April 1981.
19. Enter into support and service agreements with the Military Departments, other DoD Components, or other Government agencies as required for the effective performance of responsibilities and functions assigned to the DIS.
20. Issue appropriate implementing documents and establish internal procedures to ensure that the selection and acquisition of
The Director, DIS, may redelegate these authorities, as appropriate, and in writing, except as otherwise specifically indicated above or as otherwise provided by law or regulation.
10 U.S.C. 113.
59 FR 43475, Aug. 24, 1994, unless otherwise noted.
Under the authority vested in the Secretary of Defense by 10 U.S.C. 113, this part updates the responsibilities, functions, relationships, and authorities of the ATSD(IO), as prescribed herein.
This part applies to the Office of the Secretary of Defense (OSD), the Military Departments, the Chairman of the Joint Chiefs of Staff, the Unified Combatant Commands, the Office of the Inspector General of the Department of Defense, the Defense Agencies, and the DoD Field Activities (hereafter referred to collectively as “the DoD Components”).
The Assistant to the Secretary of Defense for Intelligence Oversight shall be responsible for the independent oversight of all intelligence activities in the Department of Defense. In this capacity, the ATSD(IO) shall ensure that all activities performed by intelligence units and all intelligence activities performed by non-intelligence units, are conducted in compliance with Federal law and other laws as appropriate, Executive orders and Presidential Directives, and DoD Directives System issuances. In the exercise of this responsibility, the ATSD(IO) shall:
(a) Develop intelligence oversight policy and, in coordination with the General Counsel of the Department of Defense (GC, DoD), issue intelligence oversight guidance to the DoD intelligence components, including regulatory guidance implementing intelligence oversight aspects of E.O. 12333.
(b) Review, in consultation with the GC, DoD, all allegations that raise questions of the legality or propriety of intelligence activities in the Department of Defense.
(c) Investigate intelligence activities that raise questions of legality or propriety.
(d) Conduct vigorous and independent inspections of the DoD Components that engage in intelligence activities for the purpose of verifying that personnel are familiar and in compliance with E.O. 12333 and its DoD implementing documents. At the request of senior leadership of the Department, and as practicable, the ATSD(IO) will assess and evaluate the performance of DoD's intelligence activities during the course of scheduled inspections and site visits. Reports in these areas of special interest will be provided to the requesting official and the Secretary of Defense for information.
(e) Monitor investigations and inspections conducted by the DoD Components related to intelligence activities, evaluate the findings and, if appropriate, submit recommendations for corrective action to the Secretary and Deputy Secretary of Defense.
(f) Report the following to the Secretary and Deputy Secretary of Defense, and the Intelligence Oversight
(1) Any significant oversight activities undertaken; and
(2) Any DoD intelligence activities of questionable legality or propriety, the investigative action on them, an evaluation of completed investigations, and the action taken on completed investigations.
(g) Participate as a member of the Defense Counterintelligence Board (DoD Directive 5240.2
(h) Pursuant to DoD Directive 5240.12
(i) Review DoD clandestine intelligence activities to ensure compliance with special constraints and controls.
(j) Evaluate the effectiveness of the DoD intelligence components’ efforts to protect HUMINT sources, in accordance with DoD Directive S-5205.1
(k) Participate in the Sensitive Reconnaissance Operations approval process.
(l) Conduct liaison with Federal intelligence and law enforcement agencies (e.g., Central Intelligence Agency, Federal Bureau of Investigation, and Drug Enforcement Administration) at the national level and field locations, as required, to ensure DoD intelligence activities and DoD intelligence support to law enforcement agencies are being conducted properly.
(m) Review the DoD sensitive support provided to the DoD Components and other Federal Agencies, pursuant to DoD Directive S-5210.36
(n) Coordinate, as appropriate, with the DoD Inspector General (DoD IG) on matters relating to the DoD IG's area of responsibility in accordance with DoD Directive 5106.1
(o) Perform such other functions as the Secretary of Defense may prescribe.
(a) In the performance of assigned responsibilities and functions, the ATSD(IO) shall serve under the authority, direction, and control of the Secretary of Defense, and shall:
(1) Report directly to the Secretary and Deputy Secretary of Defense.
(2) Coordinate and exchange information with other OSD officials, heads of the DoD Components, and other Federal officials having collateral or related functions.
(3) Use existing facilities and services of the Department of Defense and other Federal Agencies, when practicable, to avoid duplication and to achieve maximum efficiency and economy.
(b) Other OSD officials and heads of the DoD Components shall coordinate with the ATSD(IO) on all matters related to the responsibilities and functions cited in § 378.4.
The ATSD(IO) is hereby delegated authority to:
(a) Obtain reports, information, advice, and assistance, consistent with DoD Directive 8910.1
(b) Communicate directly with the heads of the DoD Components and, with notification to the Chairman of the Joint Chiefs of Staff, to the Commanders of the Unified Combatant Commands, as necessary, in carrying out assigned functions.
(c) Request such temporary assistance from the DoD Components as may be required for the conduct of inspections or investigations, to include personnel, facilities, and other services. Requests for needed support shall be made in accordance with established procedures.
(d) Communicate directly with the Intelligence Oversight Board of the
(e) Have complete and unrestricted access to all available intelligence-related information, regardless of classification or compartmentation, from all DoD Components and personnel, as required, in carrying out assigned functions. This includes specifically the authority to:
(1) Require an Inspector General or other cognizant investigative official of a DoD Component to report allegations of improprieties or illegalities of intelligence activities by, or within, a DoD Component; and
(2) Obtain information on the status, proceedings, and findings or to obtain copies of reports of investigations of such allegations.
(f) Deal directly with the head of the element inspected or investigated, conduct interviews, take depositions, and examine records incident to an inspection or investigation of any DoD Component, as required, in carrying out assigned functions.
10 U.S.C. 136.
49 FR 17937, Apr. 26, 1984, unless otherwise noted.
This part:
(a) Implements section 136a of title 10 U.S.C. which establishes the position of Director of Operational Test and Evaluation (Director, OT&E).
(b) Assigns responsibilities, functions, relationships, and authorities, as prescribed herein, to the Director, OT&E, pursuant to the authority vested in the Secretary of Defense under title 10 U.S.Code.
(a)
(b)
(c)
(d)
(1) A DoD acquisition program that is not a highly sensitive classified program (as determined by the Secretary of Defense) and:
(i) That is designated by the Secretary of Defense as a major defense acquisition program; or
(ii) That is estimated by the Secretary of Defense to require an eventual total expenditure for research, development, test, and evaluation of more than 200 million dollars (based on fiscal year 1980 constant dollars) or an eventual total expenditure for procurement of more than 1 billion dollars (based on fiscal year 1980 constant dollars).
(2) A DoD acquisition program that is so designated by the Director, OT&E, for the purpose of carrying out the responsibilities, functions, and authorities of this Directive.
(e)
(a) Within the Department of Defense it is recognized that operational testing is the continuum of realistic, operational field tests conducted by a Military Service independent test agency. Operational testing begins during the development period before a final decision to proceed beyond low rate initial production. this continuum of tests will employ increasing operational realism as engineering design nears its final form to provide an independent measure of development progress and of the ultimate operational effectiveness and suitability of weapon systems, equipment, or munitions, or their components. Operational testing of production (or production-representative) articles is intended to confirm that the items actually tested are effective and suitable for combat.
(b) A follow-on phase or phases of operational testing on production systems, equipment, or munitions, or their components are normally conducted after the decision is made to proceed beyond low rate initial production to assess the operational effectiveness and suitability of any changes made in the systems, equipment, or munitions, or their components.
The
(a) Prescribe policies and procedures for the conduct of OT&E within the Department of Defense.
(b) Provide advice and make recommendations to the Secretary of Defense, and issue guidance to and consult with the heads of the DoD Components with respect to OT&E in the Department of Defense in general, and with respect to specific OT&E to be conducted in connection with a major defense acquisition program.
(c) Designate selected special interest weapons, equipment, or munitions as major defense acquisition programs, as the Director, OT&E considers appropriate to carry out section 136a of title 10 U.S.C. and the responsibilities functions, and authorities assigned to the Director, OT&E under this part. Such a designation applies exclusively to the implementation of section 136a of title 10 U.S.C and this part, and does not extend to other purposes for which the term may be used outside of this context.
(d) Develop systems and standards for the administration and management of approved OT&E plans for major defense acquisition programs.
(e) Monitor and review all OT&E in the Department of Defense to ensure adherence to approved policies and standards.
(f) Coordinate operational testing conducted jointly by more than one DoD Component.
(g) Coordinate Joint Operational Test and Evaluation (JOT&E) programs to obtain information pertinent to operational doctrine, tactics, and procedures.
(h) Initiate plans, programs, actions, and taskings to ensure that OT&E for major defense acquisition programs is designed to evaluate the operational effectiveness and suitability of U.S. military weapon systems.
(i) Review and make recommendations to the Secretary of Defense on all budgetary and financial matters relating to OT&E, including operational test facilities and equipment.
(j) Review and report to the Secretary of Defense on the adequacy of operational test planning, priorities, support resources, execution, evaluation, and reporting for major defense acquisition programs while avoiding unnecessary duplication.
(k) Promote coordination, cooperation, and mutual understanding within the Department of Defense and between the Department of Defense and other federal agencies, state, local and foreign governments, and the civilian community with regard to OT&E matters.
(l) Serve on boards, committees, and other groups pertaining to assigned OT&E, and represent the Secretary of Defense on OT&E matters outside the Department of Defense.
(m) Execute such other related responsibilities as the Secretary of Defense may prescribe.
The Director, OT&E, shall carry out the responsibilities described in § 380.4, above, for all aspects of OT&E, to include the following functions:
(a) OT&E programs of the DoD Components, to include their operational test facilities and resources and the coordination of Military Service OT&E activities.
(b) JOT&E programs and Joint Military Service operational testing.
(c) Analysis of OT&E results on all major defense acquisition programs.
(d) Review of budget submissions to determine the adequacy of OT&E funding.
(e) Approval of OT&E sections of the DoD Test and Evaluation Master Plan (TEMP) for major defense acquisition programs.
(f) Review of new major system requirements documents, system concept papers, decision coordinating papers and, if appropriate, integrated program summaries for OT&E implications.
(g) Enhancement of operational test realism.
(h) Development and administration of an OT&E data base.
(a) In the performance of assigned functions, the Director, OT&E, shall:
(1) Report directly to the Secretary and Deputy Secretary of Defense without intervening review or approval.
(2) Provide guidance to and consult with the Secretary and Deputy Secretary of Defense and the Secretaries of the Military Departments with respect to OT&E in the Department of Defense in general and with respect to specific OT&E activities to be conducted in connection with major defense acquisition programs.
(3) Cooordinate and exchange information with officials of DoD Components exercising collateral or related functions. In particular, the Director, OT&E, shall consult closely with, but be independent of, the Under Secretary of Defense for Research and Engineering.
(4) Use existing facilities and services of the Department of Defense or other federal agencies, and allied countries whenever practicable, to avoid duplication and to achieve maximum realism.
(5) Serve as a permanent member of the Defense Systems Acquisition Review Council and the Defense Resources Board for the purpose of carrying out the principles and policies of DoD Directive 5000.1 and DoD Instruction 5000.2 and DoD Directives System issuances pertaining to test and evaluation activities.
(b) Other OSD officials and heads of DoD Components shall coordinate on all OT&E matters as prescribed herein.
(c) The Secretaries of the Military Departments shall report promptly to the Director, OT&E, the results of all OT&E conducted by the Military Departments and on all studies conducted by the Military Departments in connection with their OT&E activities.
The Director, OT&E, is hereby delegated authority to:
(a) Issue DoD Instructions, DoD publications, and one-time directive-type memoranda, consistent with DoD Directive 5025.1-M that implement policies approved by the Secretary of Defense in order to carry out the functions assigned to the Director, OT&E. Instructions to the Military Departments shall be issued through the Secretaries of those Departments or their designees. Instructions to Unified and Specified Commands shall be issued through the JCS.
(b) Obtain reports, information, advice, and assistance, consistent with DoD Directive 5000.19 as necessary in carrying out assigned functions. Have access to all records and data in the DoD (including those of each DoD Component) that the Director, OT&E, considers necessary to review in order to carry out assigned functions.
(c) Act as prior approval authority for OT&E section of the TEMPS and for OT&E funding for each major defense acquisition program. Operational testing of a major defense acquisition
(d) Require, as the Director, OT&E, determines necessary, that observers designated by the Director, OT&E, be present during the preparation for and the conduct of the test part of any OT&E conducted by DoD Components.
(e) Monitor and review all OT&E conducted in the Department of Defense and analyze the results of OT&E conducted for each major defense acquisition program.
(1) The Director, OT&E, shall submit a report to the Secretary of Defense and to the Committees on Armed Services and on Appropriations of the Senate and House of Representatives that addresses specifically:
(i) The adequacy of the test and evaluation performed; and
(ii) Whether the results confirm the effectiveness and combat suitability of the items or components actually tested.
(2) Copies of the report will be provided to appropriate DoD officials and Components to facilitate the development of comments by the Secretary of Defense.
(3) A final decision to proceed with a major defense acquisition program beyond low rate initial production may not be made until the report has been submitted to the Secretary of Defense and received by the Armed Services and Appropriations Committees.
(f) Prepare an annual report for the Secretary of Defense and the Congress by January 15 of each year summarizing the OT&E activities of the Department of Defense during the preceding fiscal year.
(1) The report shall include such comments and recommendations as the Director, OT&E, considers appropriate, including comments and recommendations on resources and facilities available for OT&E and levels of funding made available for OT&E activities.
(2) Copies of this report shall be provided to appropriate DoD officials and Components to facilitate comments by the Secretary of Defense, if desired.
(g) Communicate directly with the heads of DoD Components. Communications to commanders of the Unified and Specified Commands shall be coordinated with the JCS.
(h) Arrange for DoD participation in nondefense governmental programs for which the Director, OT&E, is assigned primary DoD cognizance.
(i) Communicate with other government agencies, representatives of the Legislative Branch, and members of the public, as appropriate, in carrying out assigned functions.
10 U.S.C. chapter 8.
56 FR 6274, Feb. 15, 1991, unless otherwise noted.
This part updates the responsibilities, functions, relationships, and authorities, as prescribed herein.
(a) The Defense Nuclear Agency (DNA) shall provide support to the Office of the Secretary of Defense (OSD); the Military Departments; the Chairman, Joint Chiefs of Staff and Joint Staff; the Unified and Specified Commands; the Defense Agencies; and the DoD Field Activities (hereafter referred to collectively as “DoD Components”); and other Federal Agencies on matters concerning nuclear weapons, nuclear weapons system acquisitions, nuclear weapons effects on weapons systems and forces, and nuclear weapons safety and security.
(b) During wartime and international crises, in accordance with national priorities and, as directed by the Director, Defense Research and Engineering (DDR&E), the DNA shall redirect its resources to support the Chairman,
The DNA is established as a separate agency of the Department of Defense, and shall be under the direction, authority, and control of the DDR&E. It shall consist of a Director and such subordinate organizational elements as are established by the Director within the resources authorized by the Secretary of Defense.
The Director, DNA, shall:
(a) Organize, direct, and manage the DNA and all assigned resources.
(b) Maintain the national nuclear weapons stockpile data bases during peace, crisis, and war. Maintain overall surveillance and provide guidance, coordination, advice, or assistance concerning all nuclear weapons in DoD custody including questions on production, composition, allocation, deployment, movement, storage, security and safety, maintenance, quality assurance and reliability assessment, report procedures, and retirement.
(c) Manage the DoD nuclear weapons effects research and test program.
(d) Conduct, as directed by DDR&E, research, development, test, and evaluation programs for on-site inspection technology related to arms control treaty verification.
(e) Conduct research, through exploratory development and/or proof of principle, in coordination with the Military Departments and other appropriate DoD Components and Federal Agencies, to develop technologies and techniques to improve the security, survivability, testing, employment, and effectiveness of nuclear systems, and the nuclear survivability of space, military, and communications systems.
(f) Provide advice and assistance on matters concerning nuclear weapons, nuclear weapons systems, effects of nuclear weapons, the technologies to determine the vulnerability and survivability of military systems and installations, and related arms control matters to DoD Components and Federal Agencies. Coordinate on appropriate Test and Evaluation Master Plans (TEMPs) for systems that have nuclear survivability requirements.
(g) Jointly manage the national nuclear test readiness program with the Department of Energy (DoE) and perform associated technical, operational, and safety planning. Maintain access to facilities necessary to resume above-ground testing.
(h) Act as the central coordinating agency within the Department of Defense on nuclear weapons stockpile data base management, nuclear effects testing, and nuclear effects research within approved policies and programs, and pertinent DoD-DoE agreements.
(i) Provide technical assistance and support to the Secretary of Defense, the Military Departments, and the CJCS in developing nuclear weapons system safety, surety, security, explosive ordnance disposal, and use-control standards, requirements, and operating procedures. Provide a member to joint DoD/DoE nuclear weapons system studies and reviews. Coordinate on proposed nuclear weapons safety rules and changes.
(j) Provide emergency response support and planning assistance to the DoD Components and other Federal Agencies as follows:
(1) Develop policies and procedures to respond to a nuclear weapon accident or improvised nuclear device (IND) incident. Conduct nuclear weapon accident and IND incident command post and field exercizes.
(2) Establish and maintain joint committees to coordinate exercise schedules and to ensure that actions are taken to correct identified deficiencies.
(3) Establish and maintain a Joint Nuclear Accident Coordinating Center (JNACC), in conjunction with DoE and a DNA Advisory Team, to assist On-Scene Commanders and Defense Senior Representatives.
(4) Act as the central coordinating agency for the Department of Defense on nuclear weapon accident and IND incident response.
(k) Maintain and provide nuclear weapons stockpile information to the DoD Components and other Federal Agencies, as required.
(l) Conduct, for the CJCS, nuclear weapons technical inspections of units having responsibilities for assembling, maintaining, or storing nuclear weapon systems, their associated components, and ancilliary equipment.
(m) Provide nuclear weapons quality assurance program oversight for the Department of Defense.
(n) Provide logistics management support for nuclear weapons under DoD control, including:
(1) Integrated materiel management functions for all specially designed and quality controlled nuclear ordnance items and, as appropriate, for Military Department-designed and quality controlled nuclear ordnance items.
(2) Manage that portion of the Federal Cataloging Program pertaining to nuclear ordnance items, including the maintenance of the central data bank and the publication of Federal Supply Catalogs and Handbooks for all nuclear ordnance items.
(3) Control the standardization of nuclear ordnance items in coordination with the appropriate Military Department.
(4) Manage a technical logistics data and information program.
(5) Serve as Inventory Control Manager of stockpile support items, and manage the DoD-DoE logistics supply interface.
(6) Manage the DoD-DoE loan account for nuclear materials.
(o) Assist the DDR&E and the Assistant to the Secretary of Defense for Atomic Energy in representing the Department of Defense in its relations with the DoE on all policy matters relating to the administration and operation of the Joint Nuclear Weapons Publication System. Coordinate with DoE on Nuclear Weapon Accident Directives.
(p) In support of the DoD Components, perform technical analyses, studies, research, and development on:
(1) Technologies for treaty verification options, including procurement, and associated impacts with regard to arms control and nuclear test limitations.
(2) Technical and employment options for new nuclear weapons, including the relationship of advanced conventional munitions to these options.
(3) The effects of nuclear weapons on command, control, and communications systems improvements that may be needed to ensure reliable operation of forces.
(4) The effect of technology on nuclear force structure, operations, and political-military constraints.
(5) Technologies that would enhance the security, survivability and effectiveness of nuclear systems at both the strategic and theater levels; and evaluation of tactics, doctrine, force postures, operations, and training in order to better direct the DNA nuclear-related programs.
(6) Techniques for assessing and evaluating alternate nuclear operations and tactics.
(7) Broad military applications of atomic energy.
(q) Conduct joint programs involving, as appropriate, the Defense Advanced Research Projects Agency (DARPA), other DoD Components, and Allied Commands in matters regarding DNA-developed technologies. This includes test, evaluation, and demonstration of appropriate technologies.
(r) Disseminate technological information of joint interest relating to nuclear technology, development, and weapons, through laboratory liaison, technical reports, and nuclear weapons technical publications. Assist in technology transfer and implementation of successful research programs into the Military Departments and Allied Commands.
(s) Perform technical analyses, studies, and research on non-nuclear matters of critical importance to the Department of Defense where DNA has unique capabilities developed as part of its nuclear responsibilities.
(t) Conduct research in the field of radiobiology and related matters, essential to the operational and medical support of the DoD Components, through the Armed Forces Radiobiology Research Institute (AFRRI). The research shall be an integral part of the DoD medical and life sciences research, development, test, and evaluation program.
(u) Operate the Joint Atomic Information Exchange Group (JAIEG) in accordance with policy guidance furnished jointly by the Assistant to the
(v) Develop guidelines and criteria for the advice of the Defense Acquisition Board in evaluating the adequacy of system nuclear survivability.
(w) Be responsible for all matters relating to nuclear test programs and records to include preservation of vital test data and records acquired during past U.S. and other nuclear effects tests.
(x) Be responsible for the Nuclear Test Personnel Review.
(y) Maintain national-level oversight for the Site Folder Project and establish an exercise program for validation of site folders.
(z) Maintain DoD-level oversight of DoD nuclear weapons effects simulators.
(aa) Perform such other functions as may be assigned by the DDR&E.
(a) In performing assigned functions, the Director, DNA, shall:
(1) Subject to the direction, authority, and control of the DDR&E, be responsible to the CJCS for operational matters as well as requirements associated with the joint planning process. For these purposes, the CJCS is authorized to communicate directly with the Director, DNA, and may task the Director, DNA, to the extent authorized by the DDR&E.
(2) Maintain appropriate liaison with other DoD Components and other Agencies of the Executive Branch for the exchange of information on programs and activities in the field of assigned responsibilities.
(3) Make use of established facilities and services in the Department of Defense or other governmental agencies, whenever practicable, to achieve maximum efficiency and economy.
(4) Ensure that the Secretary of Defense, the Deputy Secretary of Defense, the Secretaries of the Military Departments, the CJCS, and the heads of other DoD Components are kept fully informed of DNA activities with which they have substantive concern.
(5) Use data from nuclear tests performed by other countries, or provided by the intelligence community, to obtain information in designing U.S. nuclear forces and assisting the Unified and Specified Commands in target planning.
(6) Coordinate with other officials of the Department of Defense, as appropriate.
(b) The Secretaries of the Military Departments, CJCS, Commanders of Unified and Specified Commands, and Heads of other DoD Components shall:
(1) Provide support, within their respective fields of responsibilities, to the Director, DNA, as required, to carry out the responsibilities and functions assigned to the DNA.
(2) Provide information, as necessary, to the Director, DNA, on all programs and activities that include, or are related to, nuclear weapons effects research, nuclear effects testing, or nuclear weapons accident response as well as the safety, security, and survivability of nuclear weapons systems and forces.
(3) Keep the Director, DNA, informed as to the substance of major actions being coordinated with other DoD Components, the DoE and its laboratories, and other Federal Agencies that relate to DNA functions.
(4) Provide the Director, DNA, with information regarding long-term nuclear weapons development and requirements for nuclear weapons research and testing. This specifically includes keeping the Director, DNA, informed concerning systems response to nuclear weapons effects, and the security, safety, and survivability of nuclear systems and forces.
(c) The CJCS shall review and assess the adequacy of DNA efforts in nuclear weapons testing and nuclear weapons effects research that are related directly to systems employed in joint operations, and in support required for the execution of operational plans of the Unified and Specified Commands.
The Director, DNA, is specifically delegated authority to:
(a) Communicate directly with heads of DoD Component and other Executive
(b) Obtain reports, information, advice, and assistance from other DoD Components, consistent with DoD Directive 7750.5,
(c) Establish facilities necessary to accomplish the DNA mission in the most efficient and economical manner.
(d) Exercise the administrative authorities contained in the appendix to this part.
(a) The Director, and Deputy Director, DNA, shall be appointed by the Secretary of Defense.
(b) The Military Departments shall assign military personnel to the DNA in accordance with approved Joint Manpower Program authorizations and procedures for assignment to joint duty. The CJCS shall review and provide recommendations on the DNA Joint manpower program to the DDR&E, as appropriate, for those functions where DNA is responsive to CJCS.
Pursuant to the authority vested in the Secretary of Defense, and subject to the direction, authority, and control of the Secretary of Defense, and in accordance with DoD policies, Directives, and Instructions, the Director, DNA, or in the absence of the Director, the person acting for the Director, is hereby delegated authority as required in the administration and operation of DNA to:
1. Exercise the powers vested in the Secretary of Defense by 5 U.S.C. 301, 302(b), and 3101 pertaining to the employment, direction, and general administration of DNA civilian personnel.
2. Fix rates of pay for wage-rate employees exempted from the Classification Act of 1949 by 5 U.S.C. 5102 on the basis of rates established under the Coordinated Federal Wage System. In fixing such rates, the Director, DNA, shall follow the wage schedule established by the DoD Fixing Authority.
3. Establish advisory committees and employ part-time advisors, as approved by the Secretary of Defense, for the performance of DNA functions consistent with 10 U.S.C. 173; 5 U.S.C. 3109(b); DoD Directive 5105.4
4. Administer oaths of office incident to entrance into the Executive Branch of the Federal Government or any other oath required by law in connection with employment therein, in accordance with 5 U.S.C. 2903, and designate in writing, as may be necessary, officers and employees of DNA to perform this function.
5. Establish a DNA Incentive Awards Board and pay cash awards to, and incur necessary expenses for the honorary recognition of, civilian employees of the Government whose suggestions, inventions, superior accomplishments, or other personal efforts, including special acts or services, benefit or affect the DNA or its subordinate activities, in accordance with 5 U.S.C. 4503 and applicable OPM regulations.
6. In accordance with the provisions of 5 U.S.C. 7532; Executive Orders 10450, 12333, and 12356; and DoD Directive 5200.2
a. Designate any position in DNA as a “sensitive” position.
b. Authorize, in case of an emergency, the appointment of a person to a sensitive position in the DNA for a limited period of time for whom a full field investigation or other appropriate investigation, including the National Agency Check (NAC), has not been completed.
c. Authorize the suspension but not terminate the services of a DNA employee in the interest of national security.
d. Initiate investigations, issue personnel security clearances and, if necessary, in the interest of national security, suspend, revoke, or deny a security clearance for personnel assigned, detailed to, or employed by the DNA. Any action to deny or revoke a security clearance shall be taken in accordance with procedures prescribed in DoD 5200.2-R
7. Act as agent for the collection and payment of employment taxes imposed by chapter 21 of the Internal Revenue Code of 1954, as amended; and, as such agent, make all determinations and certifications required or provided for under section 3122 of the Internal Revenue Code of 1954, as amended, and section 205(p) (1) and (2) of the Social Security Act, as amended (42 U.S.C. 405(p) (1) and (2)) and with respect to DNA employees.
8. Authorize and approve:
a. Temporary duty travel for military personnel assigned or detailed to the DNA in accordance with Volume I, Joint Federal Travel Regulations.
b. Travel for DNA civilian officers and employees in accordance with Volume II, Joint Travel Regulations.
c. Invitational travel to non-DoD employees whose consultative, advisory, or other highly specialized technical services are required in a capacity that is directly related to, or in connection with, DNA activities, in accordance with Volume II, Joint Travel Regulations.
d. Overtime work for DNA civilian employees in accordance with 5 U.S.C. chapter 55, subpart V, and applicable OPM regulations.
9. Approve the expenditure of funds available for travel by military personnel assigned or detailed to the DNA for expenses incident to attendance at meetings of technical, scientific, professional, or other similar organizations in such instances where the approval of the Secretary of Defense, or designee, is required by 37 U.S.C. 412, and 5 U.S.C. 4110 and 4111. This authority cannot be redelegated.
10. Develop, establish, and maintain an active and continuing Records Management Program pursuant to 44 U.S.C. 3102 and DoD Directive 5015.2
11. Establish and use imprest funds for making small purchases of material and services, other than personal services, for the DNA, when it is determined more advantageous and consistent with the best interests of the Government, in accordance with DoD Directive 7360.10
12. Authorize the publication of advertisments, notices, or proposals in newspapers, magazines, or other public periodicals as required for the effective administration and operation of DNA consistent with 44 U.S.C. 3702.
13. Establish and maintain appropriate property accounts for DNA, and appoint Boards of Survey, approve reports of survey, relieve personal liability, and drop accountability for DNA property contained in the authorized property accounts that has been lost, damaged, stolen, destroyed, or otherwise rendered unserviceable, in accordance with applicable laws and regulations.
14. Promulgate the necessary security regulations for the protection of property and places under the jurisdiction of the Director, DNA, pursuant to DoD Directive 5200.8
15. Establish and maintain, for the functions assigned, an appropriate publications system for the promulgation of common supply and service regulations, instructions, and reference documents and changes thereto, pursuant to the policies and procedures prescribed in DoD 5025.1-M
16. Enter into support and service agreements with the Military Departments, other DoD Components, or other Federal Agencies, as required for the effective performance of DNA functions and responsibilities.
17. Enter into and administer contracts, directly or through a Military Department, a DoD contract administration services component, or other Federal Agency, as appropriate, for supplies, equipment, and services required to accomplish the mission of the DNA. To the extent that any law or Executive order specifically limits the exercise of such authority to persons at the Secretarial level of the Military Department, such authority shall be exercised by the appropriate Under Secretary or Assistant Secretary of Defense.
18. Lease property under the control of DNA under terms that will promote the national defense or that will be in the public interest, pursuant to 10 U.S.C. 2667.
The Director, DNA, may redelegate these authorities, as appropriate, and in writing, except as otherwise specifically indicated above or as otherwise provided by law or regulation.
10 U.S.C. 133.
55 FR 49888, Dec. 3, 1990, unless otherwise noted.
This part, pursuant to 10 U.S.C., assigns responsibilities, functions, relationships, and authorities as prescribed herein, to the Under Secretary of Defense (Acquisition) (USD(A)). This part also strengthens the ability of the USD(A) to improve the efficiency and effectiveness of DoD acquisition.
(a)
(b)
The Under Secretary of Defense for Acquisition (USD(A)) is the principal staff assistant and advisor to the Secretary of Defense for all matters relating to the DoD Acquisition System; research and development; production; logistics; command, control, communications, and intelligence activities related to acquisition; military construction; and procurement.
(a) The USD(A) shall:
(1) Serve as the Defense Acquisition Executive (DAE) with full responsibility for supervising the performance of the DoD Acquisition System and enforcing the policies and practices contained in DoD Directive 5000.1,
(2) Chair the Defense Acquisition Board (DAB), supported by an integrated structure of acquisition-related committees, and, pursuant to § 382.5(c) of this part, serve as signatory authority on Acquisition Decision Memoranda documenting Milestone reviews by the DAB.
(3) Serve as the DoD Procurement Executive, with responsibilities as prescribed in E.O. 12352 of March 17, 1982 (3 CFR, 1982 Comp., p. 137) and 41 U.S.C. 401-424.
(4) Chair the DoD Ethics Council, with responsibilities as prescribed in DoD Directive 5120.47
(5) Serve as the National Armaments Director and Secretary of Defense representative to the Four Power Conference.
(6) Establish and publish policies and procedures governing the operations of the DoD Acquisition System and the administrative oversight of defense contractors.
(7) Prescribe policies, in coordination with the IG, DoD, and the Comptroller of the Department of Defense (C, DoD), to ensure that audit and oversight of contractor activities are coordinated and carried out in a manner to prevent duplication by different elements of the Department. The exercise of this responsibility shall not affect the authority of the IG under the Inspector General Act of 1978.
(8) Coordinate research and development programs DoD-wide to eliminate duplication of effort and ensure that available resources are used to maximum advantage.
(9) Establish policies and programs that strengthen DoD Component technology development programs, encourage technical competition and technology-driven prototyping that promise increased military capabilities, and exploit the cost-reduction potential of innovative or commercially developed technologies.
(10) Develop acquisition plans, strategies, guidance, and assessments, including affordability assessments and investment area analyses, in support of the acquisition Milestone review and Planning, Programming, and Budgeting System (PPBS) processes.
(11) Administer the Defense Acquisition Executive Summary (DAES) and Cost/Schedule Control System Criteria (C/SCSC) systems.
(12) Designate major defense acquisition programs as either DAB or Component programs, sign congressional certifications and reports to include Milestone authorization breaches, administer the Selected Acquisition Report (SAR) and Unit Cost Report (UCS) systems, and exercise the other specific authorities provided for in the delegations of authority contains in appendix to this part.
(13) Develop, in coordination with the Under Secretary of Defense for Policy (USD(P)), memoranda of agreements and memoranda of understandings with friendly and Allied Nations relating to acquisition matters.
(14) Establish policies for maintenance of the defense industrial base.
(15) Supervise the management and performance of the Strategic and Critical Defense Materials Program pursuant to E.O. 12626 of February 25, 1988 (3 CFR, 1988 Comp., p. 552).
(16) Establish policies, in coordination with the Assistant Secretary of Defense (Force Management and Personnel) (ASD(FM&P)), for the training and career development of acquisition personnel.
(17) Advise the Secretary of Defense and the Deputy Secretary of Defense on technical and programmatic issues arising in Defense Planning and Resources Boards matters.
(b) For each assigned area identified in § 382.4, the USD(A) shall:
(1) Direct planning and analyses activities to assess the technical, economic, and military worth of specific acquisition programs and investment areas.
(2) Establish policies, systems, and standards that promote more effective and efficient administration and management of acquisition resources, and monitor the execution of approved programs to ensure available resources are being applied in accordance with established policies and standards.
(3) Review and evaluate DoD Component plans, programs, and budget submissions to ensure adherence to established priorities, policies and procedures, standards, and resource guidance; and, as appropriate, develop recommended alternatives for Secretary and Deputy Secretary of Defense consideration during all phases of the PPBS process.
(4) Promote coordination, cooperation, and mutual understanding of all matters related to assigned activities, both inside and outside the Department of Defense.
(5) Serve as primary focal point and principal spokesman for the Department of Defense; serve on boards, committees, and other groups pertaining to assigned functional areas; and represent the Secretary of Defense and the Deputy Secretary of Defense on USD(A) matters outside the Department of Defense.
(6) Establish and maintain management information and reporting systems.
(7) Perform such other duties as the Secretary or Deputy Secretary of Defense may prescribe.
The USD(A) shall carry out the responsibilities described in § 382.3, for the following functional areas:
(a) Acquisition management.
(b) Basic and applied research and the defense technology base.
(c) Design and engineering, and the development of weapon systems.
(d) Command, control, communications, and intelligence programs, systems, and activities related to acquisition.
(e) Logistics acquisition and management, to include supply systems, spares program management, weapons systems logistics elements, items
(f) Procurement activities.
(g) Scientific and technical information.
(h) Production and manufacturing.
(i) Industrial base resources and productivity.
(j) Force modernization and sustainability and the availability of fielded major weapons systems.
(k) Developmental test and evaluation, as defined in DoD Directive 5000.3,
(l) Environmental policy, services, and related actions.
(m) Assignment and reassignment of research and engineering and acquisition responsibility for programs, systems, and activities.
(n) Codevelopment, coproduction, coprocurement, logistics support, wartime host-nation support, and research interchange with friendly and Allied Nations, in coordination with the USD(P).
(o) Installation management and base closures.
(p) Construction, including construction funded by host-nations under the North Atlantic Treaty Organization (NATO) Infrastructure program and similar programs with other Allied countries.
(q) Strategic and critical defense materials, to include the acquisition, retention, and disposal of stocks and the conservation and development of sources of materials.
(r) Unique acquisition matters in support of special operations and low-intensity conflict programs, systems, and activities related to acquisition, in coordination with the Under Secretary of Defense for Policy.
(a) The USD(A) shall take precedence in the Department of Defense on acquisition matters after the Secretary and Deputy Secretary of Defense. On all other matters, the USD(A) shall take precedence after the Secretary and Deputy Secretary of Defense and the Secretaries of the Military Departments.
(b) The USD(A) is hereby granted the authority to direct the Secretaries of the Military Departments and Heads of all other DoD Components with respect to matters for which the USD(A) has responsibility. In this regard, the USD(A) shall strictly enforce the minimum established requirements in DoD Directive 5000.1 and the documentation requirements and procedures in DoD Instruction 5000.2. The authority of the USD(A) to direct the Secretaries of the Military Departments may not be delegated by the USD(A).
(c) The USD(A) shall decide upon the appropriate implementing actions to be taken as a result of DAB reviews, to include the establishment of specific exit criteria that must be satisfactorily demonstrated before an effect or program can progress to the next Milestone decision point. The USD(A)'s decisions shall be reflected in an Acquisition Decision Memorandum (ADM) issued by the USD(A) for implementation by the Heads of DoD Components. The authority of the USD(A) under this paragraph may not be delegated by the USD(A).
(d) The USD(A) may direct the C, DoD to withhold the release of funds to a program at the time of a DAB Milestone review of the program, when the USD(A) determines that such direction is necessary to ensure that the program meets the criteria established by DoD Directives for existing the Milestone and all additional exist criteria for the program established by the Secretary, Deputy Secretary or Under Secretary for Acquisition. USD(A) may not delegate the authority granted by this paragraph to anyone other than the Deputy USD(A).
(e) In the performance of assigned functions, the USD(A) shall:
(1) Exercise direction, authority, and control over the following activities and organizations that constitute the USD(A) organization (The reporting relationships of these activities and organizations with regard to the USD(A), e.g., direct or indirect, shall be at the discretion of the USD(A)):
(i) The Director of Defense Research and Engineering.
(ii) The Assistant Secretary of Defense (Production and Logistics).
(iii) Acquisition-related activities of the Assistant Secretary of Defense for Command, Control, Communications, and Intelligence.
(iv) The Assistant to the Secretary of Defense (Atomic Energy).
(v) The Deputy Under Secretary (Industrial and International Programs).
(vi) The Director of Small and Disadvantaged Business Utilization.
(vii) The Director, Program Integration.
(viii) The Defense Advanced Research Projects Agency, the Defense Communications Agency, the Defense Logistics Agency, the Defense Mapping Agency, the Defense Nuclear Agency, the Defense Contract Management Agency, the Defense Systems Management College, and the On-Site Inspection Agency.
(2) Provide technical guidance for utilization of the Electromagnetic Compatibility Analysis Center.
(3) Provide policy guidance, goal setting, and management supervision for assigned Management Support Activities, and utilization of Federally Funded Research and Development Centers (FFRDCs).
(4) Use existing facilities and services of the Department of Defense and other Federal Agencies, whenever practicable, to avoid duplication and to achieve an appropriate balance among modernization, readiness, sustainability, efficiency, and economy.
(f) The USD(A) shall also:
(1) Issue DoD Instructions, DoD publications, and one-time directive-type memoranda, consistent with DoD 5025.1M,
(2) Obtain reports, information, advice, and assistance, consistent with DoD Directive 7750.5,
(3) Communicate directly with the Heads of DoD Components. Communications to Commanders of the Unified and Specified Commands shall be through the CJCS.
(4) Establish arrangements for DoD participation in non-defense governmental programs for which the USD(A) is assigned primary DoD cognizance.
(5) Communicate with other Government Agencies, representatives of legislative branch, and members of the public, as appropriate, in carrying out assigned functions.
(6) Coordinate with and exchange information with other OSD and DoD officials exercising collateral or related responsibilities.
(7) Exercise the delegations of authority contained in appendix to this part.
(8) Work directly with the Service Acquisition Executives.
(g) Other OSD officials and Heads of Components shall coordinate with the USD(A) on all matters related to authorities, responsibilities, and functions assigned in this part.
(h) In the absence or disability of the USD(A), the Acting USD(A) may exercise all authorities of the USD(A).
(i) Nothing in this part or the Delegations of Authority to the USD(A) limits or otherwise affects delegations of authority by the Secretary of Defense to the Deputy Secretary of Defense.
Pursuant to the authority vested in the Secretary of Defense, and subject to his direction, authority, and control, and in accordance with DoD policies, Directives, and Instructions, the USD(A) is hereby delegated authority to exercise, within his assigned responsibilities and functional areas, all authority of the Secretary of Defense derived from statute, Executive order, authority of the Secretary of Defense derived from statute, Executive order, and interagency agreement, except where specifically limited by statute or Executive order to the Secretary of Defense, to include but not limited to:
1. Exercise all authorities delegated to the Secretary of Defense by the Department of Commerce DPAS Del. No. 1, as amended (DoD Directive 4405.6
2. Act for the Secretary of Defense in the exercise of extraordinary contractual action
3. Make Secretarial determinations, justifications, and approvals on behalf of the Defense Advanced Research Projects Agency (DARPA), Defense Communications Agency (DCA), Defense Contract Management Agency (DCMA), Defense Logistics Agency (DLA), Defense Mapping Agency (DMA), and the Defense Nuclear Agency (DNA) under Title 10, United States Code, with authority to redelegate to the Directors of those Agencies, as appropriate.
4. Act for the Secretary of Defense in the establishment and granting of waivers under the Buy American Act (41 U.S.C. 10a-10b).
5. Act for the Secretary of Defense on delegations of authority to him by the U.S. Trade Representative to waiver the prohibition against procurement from certain countries, pursuant to title 3, Public Law 96-39, Trade Agreements Act of 1979 (19 U.S.C. 2511 et seq.), and E.O. 12260, July 26, 1979.
6. Act for the Secretary of Defense in exercise of authority delegated by the Administrator of General Services to dispose of surplus personal property and to waive prescribed demilitarization requirements under DoD Directive 4160.21.
7. Make determinations with respect to the donation of surplus personal property to educational activities of special interest to the Armed Forces of the United States as prescribed in DoD Directive 4160.25.
8. Act for, and exercise the powers of, the Secretary of Defense concerning requests for waiver of the navigation and vessel inspection laws of the United States under Public Law 891, 81st Congress, 2nd Session, December 27, 1950 (64 Stat. 1120), except on those matters that have been delegated by the Secretary of Defense to the Secretary of the Army.
9. Make recommendations to the Department of Energy in connection with facilities for transmission of electric energy and natural gas across borders of the United States, pursuant to the authority given the Secretary of Defense in E.O. 10485, September 3, 1953, as amended by E.O. 12038, February 3, 1978.
10. Act for the Secretary of Defense in the field of transportation and traffic management under section 201(a), title 11, of the Federal Property and Administrative Services Act of 1949, as amended (50 U.S.C. 481(a)) (DoD Directive 5126.9
11. Act for the Secretary of Defense as the DoD claimant to other designated Executive Departments and Agencies for petroleum requirements and allocations in an emergency (DoD Directive 4140.25
12. Exercise all responsibilities and authorities of the Secretary of Defense under title 10, United States Code, section 2404, with respect to the acquisition of petroleum.
13. Act for the Secretary of Defense in the implementation of OMB Circular No. A.109, “Major System Acquisitions,” April 5, 1976.
14. Make the determination required by title 50, United States Code, section 1512(1), concerning transportation or testing of any lethal chemical or any biological warfare agent.
15. Act for the Secretary of Defense for ensuring compliance with Public Law 92-463, the Federal Advisory Committee Act (5 U.S.C. appendix), and make written determinations for conduct of all closed meetings of Federal Advisory Committees under his cognizance as prescribed by section 10(d) of the Act (5 U.S.C. appendix, 10(d)).
16. Act for the Secretary of Defense as the primary OSD interface with the Defense Policy Advisory Committee on Trade.
17. Act for the Secretary to make appropriate supporting determinations and execute leases under title 10, United States Code, section 2667.
18. Act for the Secretary of Defense in the implementation of OMB Circular A-76,
19. With the exception of the determination of highly sensitive classified programs, which is retained by the Secretary of Defense, exercise the responsibilities and authorities of the Secretary of Defense to designate major defense acquisition programs, as defined in title 10, United States Code, section 2430.
20. Act for the Secretary of Defense in preparing and revising an acquisition strategy plan for a major program throughout the period from the beginning of Full-Scale Development through the end of production under section 2438, subsection (a) of title 10, United States Code, and in making the prescribed congressional submissions. This delegation of authority may not be redelegated.
21. Act for the Secretary of Defense in making determinations and waivers, and in submitting waivers of requirements for competitive alternate sources with respect to
22. Act for the Secretary of Defense in providing to the Committees on Appropriations, before funds are expended for Full-Scale Development, a plan for the development of two or more sources in production or a certification that the system or subsystem being developed will be procured in quantities insufficient to justify two or more sources under section 8057 of Public Law 100-202, section 8047 of Public Law 100-463, and identical provisions in subsequent statutes making appropriations to the Department of Defense. This delegation of authority may not be redelegated.
23. Act for the Secretary of Defense in making certifications, providing reports, and approving waivers for major defense acquisition programs required by title 10, United States Code. This authority includes, but is not limited to, the following:
a. Submission of notification and report that a competitive prototype strategy is not practicable (Section 2365).
b. Make waivers and notify Congress of each waiver for the acquisition of defense equipment under cooperative projects and report on the award of cooperative contracts (Section 2407). This authority may not be redelegated.
c. Submit Selected Acquisition Reports (Section 2432).
d. Make and submit certifications required for Unit Cost Reports (Section 2433).
e. Submit Manpower Estimate Reports (Section 2434).
f. Provide the notifications for program deviations for milestone-authorized programs (Section 2437).
24. Exercise all authorities delegated to the Secretary of Defense by E.O. 12580, January 23, 1987, concerning responses to releases of hazardous substances for Department of Defense facilities and vessels under Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601,
25. Exercise all responsibilities and authority of the Secretary of Defense under 10 U.S.C. 2701-2707 and 10 U.S.C. 2810 with respect to conduct of the Defense Environmental Restoration Program.
26. Exercise the authority of the Secretary of Defense under 10 U.S.C. 2354 for the DoD Components other than the Military Departments.
27. Serve on and attend meetings of the Federal Acquisition Regulatory Council, established by section 25 of the Office of Federal Procurement Policy Act, as amended. The Deputy Under Secretary of Defense for Acquisition shall serve in the absence of the USD(A). This authority may not be redelegated.
28. Perform the functions and responsibilities set out at section 25(d) of the Office of Federal Procurement Policy Act (41 U.S.C. 421). The authority to review and approve or disapprove regulations relating to procurement under subsection 25(d)(1) may not be delegated to any person outside the office of the USD(A).
29. Exercise the authority of the Secretary of Defense under 10 U.S.C. 2407 with respect to NATO Cooperative Projects as defined in section 27 of the Arms Export Control Act (AECA). The authority to grant waivers as authorized in section 2407(c) may not be redelegated.
30. Exercise all responsibilities of the Secretary of Defense under Public Law 93-155, Defense Industrial Reserve Act of 1973 (50 U.S.C. 451-455) to provide a comprehensive and continuous program for the future safety and for the defense of the United States by providing adequate measures whereby an essential nucleus of Government-owned plants and industrial plant equipment is maintained to meet the needs of the Armed Forces in time of a national emergency or in anticipation thereof.
31. Act for the Secretary of Defense to establish and administer an Industrial Preparedness Program in furtherance of E.O. 12656, section 501, paragraphs (2), (11), (13), and (14), February 25, 1988, and Defense Mobilization Order VII-7 (Revised), in accordance with DoD Directive 4005.1.
32. Act for the Secretary of Defense in the exercise of authority under the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.) in accordance with E.O. 12626, February 25, 1988.
33. Act for the Secretary of Defense, under the authority of Federal Property Management Regulations, Temporary Regulation F-227, July 30, 1974, or under any other Delegation of Authority that may hereafter be made by the Administrator of General Services, to enter into contracts for public utility services for a period not to exceed 10 years.
a. This authority is hereby further delegated to the Secretaries of the Army, Navy, and Air Force with authority to redelegate, as appropriate. Exercise of this authority is subject to the direction, supervision and control of the USD(A).
b. This authority is also further delegated to the Director of the Defense Communications Agency in connection with the leasing of communications facilities, and to the Directors of the Defense Logistics Agency and Defense Nuclear Agency in connection with
10 U.S.C. 136.
55 FR 49279, Nov. 27, 1990, unless otherwise noted.
Pursuant to the authority vested in the Secretary of Defense under title 10, United States Code, this part establishes the Defense Commissary Agency (DeCA) and the Defense Commissary Board (DCB), with responsibilities, functions, and authorities as prescribed herein.
This part applies to the Office of the Secretary of Defense (OSD), the Military Departments; the Chairman, Joint Chiefs of Staff and Joint Staff; the Unified and Specified Commands; the Inspector General of the Department of Defense (IG, DoD); the Defense Agencies; and the DoD Field Activities (hereafter referred to collectively as “DoD Components”). The term “Military Services,” as used herein, refers to the Army, Navy, Air Force, and Marine Corps.
(a) The mission of the DeCA is to:
(1) Provide an efficient and effective worldwide system of commissaries for the resale of groceries and household supplies at the lowest practical price (consistent with quality) to members of the Military Services, their families, and other authorized patrons, while maintaining high standards for quality, facilities, products, and service.
(2) Provide a peacetime training environment for food supply logisticians needed in wartime and, as circumstances dictate, troop issue subsistence support to military dining facilities consistent with Service needs.
(b) The mission of the DCB is to serve as a forum for the discussion of issues about the commissary services provided by the DeCA and to make related policy recommendations to the Assistant Secretary of Defense (Production and Logistics) (ASD(P&L)).
(a) The DeCA is established as an Agency of the Department of Defense under the direction, authority, and control of the ASD(P&L). It shall consist of a Director of such subordinate organizational elements as are established by the Director.
(b) The DCB is established as a committee reporting to the ASD (P&L). Its membership shall consist of the following:
(1) The Director, DeCA, who shall serve as Chair.
(2) A representative of the Assistant Secretary of Defense (Force Management and Personnel) (ASD(FM&P)).
(3) A representative of the Chairman, Joint Chiefs of Staff (CJCS).
(4) One military officer and one enlisted representative from each of the Military Services appointed by the Secretaries of the Military Departments.
(5) The Director, DeCA, may invite other representatives to attend DCB meetings, as appropriate.
(c) The Director shall designate an Executive Secretary for the Board.
(a) The Director, Defense Commissary Agency (DeCA), shall:
(1) Organize, direct, and manage the DeCA and all assigned resources; procure assigned items; and administer, supervise, and control all programs and activities assigned to the DeCA.
(2) Plan, program, budget, design, manage, and ensure the execution of the commissary facilities’ construction, modification, and repair programs.
(3) Provide and operate facilities under standards consistent with those used for commercial food stores.
(4) Develop and administer plans and programs to provide peacetime training for military personnel, as appropriate.
(5) Develop and administer plans and programs to provide troop issue subsistence support to appropriate dining facilities, tactical field exchanges for deployed mission support, and management of subsistence war readiness materiel in peacetime and wartime, as required.
(6) Provide advice to the ASD(P&L) on DoD policies about the operation of commissaries and related matters.
(7) Plan and direct use of commissary stocks to support mobilization, as required.
(8) Establish and administer a civilian career management program to include referral services and development programs for commissary management personnel.
(9) Perform such other functions as the ASD(P&L) may direct.
(b) The Defense Commissary Board (DCB) shall meet periodically, and not less than annually. For the purpose of providing advice, it shall:
(1) Consider issues about DeCA operations, services, and resources and make recommendations about DeCA practices, problems, policies, and programs.
(2) Facilities the exchange of information among the Director, DeCA, and the Military Departments.
(3) Make recommendations on the integration and prioritization of the commissary construction program.
(4) Perform such other advisory functions as ASD(P&L) may direct.
(c) The Assistant Secretary of Defense (Production and Logistics) (ASD(P&L)) shall:
(1) Recommend to the Secretary and the Deputy Secretary of Defense and the USD(A) policies and resources for the administration of the DeCA and its programs.
(2) Provide policy guidance and management direction to the Director, DeCA.
(3) Establish standards and issue guidelines for military commissary operations, including, but not limited to, the following areas:
(i) Funding.
(ii) Commissary establishment/disestablishment.
(iii) Pricing and surcharges.
(iv) Categories of items.
(v) Reporting requirements and preparation of “The DoD Commissary Operations Report” (RCS DD-FMP(A)1187).
(4) In coordination with CJCS, make arrangements for Commanders of Unified Commands to assume temporary operational control of commissaries in wartime or periods of heightened alert.
(d) The Assistant Secretary of Defense (Force Management and Personnel) (ASD(FM&P)) shall be responsible for advising the ASD(P&L) on commissary policy to ensure that it is consistent with policies on recruitment and retention.
(e) The Comptroller of the Department of Defense (C, DoD) shall advise the ASD(P&L) on accounting, budgeting, funding, cash management, debt management, and pricing and surcharge policy for the DeCA.
(f) The Secretaries of the Military Departments shall provide such facilities, physical security, logistics, and administrative support as required for effective operation of the military commissary program as agreed to by the DeCA and cognizant component Commands under inter-Service support and servicing agreements.
(a) In the performance of assigned responsibilities and functions, the Director, DeCA, shall:
(1) Have free and direct access to, and communicate with, the DoD Components and other Executive Departments and Agencies concerning commissary activities, as necessary.
(2) Maintain appropriate liaison with other DoD Components, Agencies of the Executive branch, forcing governments, and private sector organizations for the exchange of information on programs and activities in the field of assigned responsibilities.
(3) Use established facilities and services of the Department of Defense and other Federal Agencies, whenever practicable, to avoid duplication and to achieve an appropriate balance of modernization, efficiency, economy, and customer support.
(4) Consult and coordinate with other governmental and nongovernmental agencies on matters related to the mission assigned to the DeCA.
(b) The Secretaries of the Military Departments and Heads of other DoD Components shall:
(1) Provide assistance to the Director, DeCA, in carrying out the responsibilities and functions relating to military commissaries.
(2) Coordinate with the Director, DeCA, on programs and activities that include or are related to military commissaries.
The Director, DeCA is hereby delegated authority to:
(a) Enter into and administer contracts, directly or through a Military Department, a DoD contract administration services component, or other Government Department or Agency, in accordance with applicable laws, DoD regulations, the FAR and the DFARS for supplies, equipment, and services required to accomplish the mission of the DeCA.
(b) Prescribe procedures, standards, and practices for the Department of Defense governing he execution of assigned responsibilities and functions.
(c) Enter into agreements with the Military Departments or other Government entities, as required for the effective performance of the military commissary program.
(d) Obtain reports, information, advice, and assistance from other DoD Components consistent with the policies and criteria of DoD Directive 7750.5
(e) Establish new DeCA facilities or use existing facilities of the Military Departments, as deemed necessary, for improved effectiveness and economy.
(f) Exercise the operational and administrative authorities contained in the appendix to this part.
(a) The Director and Deputy Director(s) of the DeCA shall be appointed by the Secretary of Defense.
(b) The DeCA shall be authorized such personnel, facilities, funds, and other administrative support as the Secretary of Defense deems necessary.
(c) The Military Departments shall assign military personnel to the DeCA in accordance with approved authorizations and procedures for assignment to joint duty.
(d) Programming, budgeting, funding, procuring, auditing, accounting, pricing, and reporting activities of the DeCA shall be in accordance with established DoD policies and procedures.
(e) Appropriated funds shall be used to finance the operating costs of the DeCA with the exception of operating costs authorized for payment from trust revolving funds. A stock fund will be used to finance all inventories procured for resale.
Pursuant to the authority vested in the Secretary of Defense, and subject to the direction, authority, and control of the Secretary of Defense, and in accordance with DoD policies, Directives, and Instructions, the Director, DeCA is hereby delegated authority as required in the administration and operation of the DeCA to:
1. Establish advisory committees and employ part-time advisers, as approved by the Secretary of Defense, for the performance of DeCA functions pursuant to 10 U.S.C. 173 Public Law 92-463, “Federal Advisory Committee Act”; and DoD Directive 5105.4
2. Designate any position in the DeCA as a “sensitive” position, in accordance with 5 U.S.C. 7532; Executive Orders 10450, 12333, and
3. Authorize and approve overtime work for DeCA civilian personnel in accordance with 5 U.S.C. chapter 55, subchapter V, and applicable OPM regulations.
4. Authorize and approve:
a. Travel of DeCA civilian personnel in accordance with Joint Travel Regulations, Volume 2, “DoD Civilian Personnel.”
b. Temporary duty travel for military personnel assigned or detailed to the DeCA in accordance with Joint Federal Travel Regulations, Volume 1, “Uniformed Service Members.”
c. Invitational travel to persons serving without compensation whose consultative, advisory, or other highly specialized technical services are required in a capacity that is directly related to or in connection with, DeCA activities, pursuant to 5 U.S.C. 5703.
5. Approve the expenditure of funds available for travel by military personnel assigned or detailed to the DeCA for expenses regarding attendance at meetings of technical, scientific, professional, or other similar organizations in such instances when the approval of the Secretary of Defense, or designee, in required by law (37 U.S.C. 412 and 5 U.S.C 4110 and 4111). This authority cannot be redelegated.
6. Develop, establish, and maintain in active and continuing Records Management Program, pursuant to 44 U.S.C. 3102 and DoD Directive 5015.2
7. Establish and use imprest funds for making small purchases of material and services, other than personal services, for the DeCA when it is determined more advantageous and consistent with the best interests of the Government, in accordance with DoD Directive 7360.104
8. Authorize the publication of advertisements, notices, or proposals in newspapers, magazines, or other public periodicals, as required for the effective administration and operation of the DeCA, consistent with 44 U.S.C. 3702.
9. Establish and maintain appropriate property accounts for the DeCA and appoint Boards of Survey, approve reports of survey, relieve personal liability, and drop accountability for DeCA property contained in the authorized property accounts that has been lost, damaged, stolen, destroyed, or otherwise rendered unserviceable, in accordance with applicable laws and regulations.
10. Promulgate the necessary security regulations for the protection of property and places under the jurisdiction of the Director, DeCA, pursuant to DoD Directive 5200.8
11. Establish and maintain, for the functions assigned, a publications system for the promulgation of common supply and service regulations, instructions, and reference documents, and changes thereto, pursuant to the policies and procedures prescribed in DoD 5025.1-M
12. Enter into support and service agreements with the Military Departments, other DoD Components, Government Agencies, and foreign governments, as required for the effective performance of DeCA functions and responsibilities.
13. Lease property under the control of the DeCA, under terms that will promote the national defense or that will be in the public interest, pursuant to 10 U.S.C. 2667.
14. Exercise the powers vested in the Secretary of Defense by 5 U.S.C. 301, 302(b), 3101, and 5107 on the employment, direction, and general administration of DeCA civilian personnel.
15. Fix rates of pay of wage-rate employees exempted from the Classification Act of 1949 by 5 U.S.C. 5102 on the basis of rates established under the Combined Federal Wage System. In fixing such rates, the Director, DeCA, shall follow the wage schedule established by the DoD Wage Fixing Authority.
16. Administer oaths of office to those entering the Executive branch of the Federal Government or any other oath required by law in connection with employment therein, in accordance with 5 U.S.C. 2903, and designate in writing, as may be necessary, officers and employees of the DeCA to perform this function.
17. Establish a DeCA Incentive Awards Board, and pay cash awards to, and incur necessary expenses for the honorary recognition of, civilian employees of the Government whose suggestions, inventions, superior accomplishments, or other personal efforts, including special acts or services, benefit or affect the DeCA, in accordance with 5 U.S.C. 4503, OPM regulations, and DoD Directive 5120.15
18. Maintain an official seal and attest to the authenticity of official DeCA records under that seal.
The Director, DeCA may redelegate these authorities as appropriate, and in writing, except as otherwise specifically indicated above or as otherwise provided by law or regulation.
10 U.S.C. 113 and 133.
59 FR 35262, July 11, 1994, unless otherwise noted.
Pursuant to 10 U.S.C. 133 and the authority vested in the Secretary of Defense by 10 U.S.C. 113, this part updates the responsibilities, functions, relationships, and authorities of the USD(A&T).
This part applies to the Office of the Secretary of Defense (OSD), the Military Departments, the Chairman of the Joint Chiefs of Staff, the Unified Combatant Commands, the Office of the Inspector General of the Department of Defense, the Defense Agencies, and the DoD Field Activities (hereafter referred to collectively as “the DoD Components”).
The Under Secretary of Defense for Acquisition and Technology, as the senior acquisition executive of the Department of Defense, is the principal staff assistant and advisor to the Secretary and Deputy Secretary of Defense for all matters relating to the DoD Acquisition System, research and development, advanced technology, test and evaluation, production, logistics, military construction, procurement, economic security, environmental security, and atomic energy.
(a) The Under Secretary of Defense for Acquisition and Technology shall:
(1) Serve as the Defense Acquisition Executive with responsibility for supervising the performance of the DoD Acquisition System and enforcing the policies and practices in DoD Directive 5000.1
(2) Chair the Defense Acquisition Board (DAB) pursuant to DoD Directive 5000.49.
(3) Serve as the DoD Procurement Executive, with responsibilities as prescribed in E.O. 12352, 47 FR 12125, 3 CFR, 1982 Comp., p. 137, and 41 U.S.C. 401-424.
(4) Serve as the United States representative at the North Atlantic Treaty Organization (NATO) Conference of National Armaments’ Directors and other multinational forums of armaments’ directors.
(5) Establish and publish policies and procedures governing the operations of the DoD Acquisition System and the administrative oversight of defense contractors.
(6) Prescribe the developmental testing and evaluation program (which excludes those statutory test and evaluation responsibilities assigned to the Director, Operational Test and Evaluation), including establishing and ensuring implementation of policies and program plans, including funding, for ranges and test facilities and also be responsible for the acquisition-related functions of weapons programs, including control of the elements of the OSD performing the acquisition-related function of strategic and theater nuclear forces programs and tactical warfare programs.
(7) Prescribe policies, in coordination with the IG, DoD, and the Comptroller of the Department of Defense (C, DoD), to ensure that audit and oversight of contractor activities are coordinated and carried out in a manner to prevent duplication by different elements of the Department. The exercise of this responsibility shall not affect the authority of the IG, DoD, under the Inspector General Act of 1978 (Pub. L. 95-452, 92 Stat. 1101).
(8) Coordinate research and development programs DoD-wide to eliminate duplication of effort and ensure that available resources are used to maximum advantage.
(9) Establish policies and programs that strengthen DoD Component technology development programs, encourage technical competition and technology-driven prototyping that promise increased military capabilities, and exploit the cost-reduction potential of innovative or commercially developed technologies.
(10) Develop acquisition plans, strategies, guidance, and assessments, including affordability assessments and investment area analyses, in support of the acquisition Milestone review and the Planning, Programming, and Budgeting Systems (PPBS) processes.
(11) Designate major defense acquisition programs as either DAB or Component programs, sign congressional certifications and reports, administer the Selected Acquisition Report and Unit Cost Report systems, and exercise the other specific authorities provided for in the delegations of authority in the appendix A to this part.
(12) Develop, with the coordination of the Under Secretary of Defense for Policy (USD(P)), agreements with friendly and Allied Nations relating to acquisition matters consistent with DoD Directive 5530.3.
(13) Develop assessments of, and establish policies to maintain the capability of the U.S. defense industry to meet DoD needs.
(14) Supervise the management and performance of the Strategic and Critical Materials Program pursuant to E.O. 12626, 53 FR 47491, 3 CFR, 1988 Comp., p. 585.
(15) Establish policies and procedures, with the coordination of the Under Secretary of Defense (Personnel and Readiness), for the effective management of the acquisition workforce within the Department of Defense, including accession, education, training, and career development.
(16) Advise the Secretary and Deputy Secretary of Defense on technical and programmatic issues arising in Defense Resources Board matters.
(17) Establish and manage the cooperative research and development program.
(18) Manage the OSD Study Program.
(19) Establish policies and procedures for the management of the DoD environmental security strategy for cleanup, compliance, conservation, and pollution prevention.
(20) Supervise the Defense Science Board.
(21) Chair the Nuclear Weapons Council.
(b) For each assigned functional area identified in § 384.5, the Under Secretary of Defense for Acquisition and Technology shall:
(1) Direct planning and analyses activities to assess the technical, economic, and military worth of specific acquisition programs and investment areas.
(2) Establish policies, systems, and standards that promote more effective and efficient administration and management of acquisition resources, and monitor the execution of approved programs to ensure available resources are being applied in accordance with established policies and standards.
(3) Review and evaluate DoD Component plans, programs, and budget submissions to ensure adherence to established priorities, policies and procedures, standards, and resource guidance; and, as appropriate, develop recommended alternatives for Secretary and Deputy Secretary of Defense consideration during all phases of the PPBS process.
(4) Promote coordination, cooperation, and mutual understanding of all matters related to assigned activities, both inside and outside the Department of Defense.
(c) Perform such other duties as the Secretary or Deputy Secretary of Defense may prescribe.
The USD(A&T) shall carry out the responsibilities described in § 384.3, for the following functional areas:
(a) Acquisition management, including acquisition special access programs.
(b) Science and technology and the defense technology base.
(c) Design and engineering, and the development of weapon systems.
(d) Logistics acquisition and management, to include supply systems, weapons systems logistics elements, items standardization, transportation, energy, warehousing, distribution, and related activities.
(e) Procurement.
(f) Scientific and technical information.
(g) Production and manufacturing.
(h) Industrial base resources and productivity.
(i) Force modernization and sustainability and the availability of fielded major weapons systems.
(j) Developmental test and evaluation, as defined in DoD Directive 5000.1 and, to the extent permitted by law, review and approval of the Test and Evaluation Master Plan.
(k) Environmental policy, services, and related actions.
(l) Assignment and reassignment of research and engineering and acquisition responsibility for programs, systems, and activities.
(m) Codevelopment, coproduction, coprocurement, logistics support, wartime host-nation support, and research interchange with friendly and Allied Nations, in coordination with the Under Secretary of Defense for Policy (USD(P)).
(n) Installation management and base closures.
(o) Construction, including construction funded by host nations under the NATO Infrastructure Program and similar programs with other Allied countries.
(p) Strategic and critical materials, to include the acquisition, retention, and disposal of stocks and the conservation and development of sources of materials.
(q) Unique acquisition matters in support of special operations and low-intensity conflict programs, systems, and activities related to acquisition, in coordination with the USD(P).
(r) Defense Acquisition program protection measures and related counterintelligence and system security activities, in coordination with the Assistant Secretary of Defense for Command, Control, Communications, and Intelligence (ASD(C3I)).
(s) Economic adjustment.
(t) Defense atomic energy, chemical warfare, and biological defense plans and programs.
(a) In the performance of assigned functions and responsibilities, the USD(A&T) shall:
(1) Take precedence in the Department of Defense on acquisition matters after the Secretary and Deputy Secretary of Defense. On all other matters, the USD(A&T) shall take precedence after the Secretary and Deputy Secretary of Defense and the Secretaries of the Military Departments.
(2) Exercise authority, direction, and control over:
(i) The Principal Deputy Under Secretary of Defense for Acquisition and Technology (PDUSD(A&T)).
(ii) The Director of Defense Research and Engineering (DDR&E).
(iii) The Assistant Secretary of Defense for Economic Security (ASD(ES)).
(iv) The Assistant to the Secretary of Defense for Atomic Energy (ATSD(AE)).
(v) The Director, Advanced Research Projects Agency, through the DDR&E.
(vi) The Director, Defense Logistics Agency.
(vii) The Director, Defense Nuclear Agency, through the ATSD(AE).
(viii) The Director, Ballistic Missile Defense Organization.
(ix) The Director, On-Site Inspection Agency, through the ATSD(AE), to be exercised consistent with DoD Directive TS-5134.2.
(x) The Director of Small and Disadvantaged Business Utilization.
(xi) The Director, Office of Economic Adjustment, through the ASD(ES).
(xii) The President, Defense Acquisition University.
(xiii) The Commandant, Defense Systems Management College.
(xiv) Such other organizations as may be established by the USD(A&T) within resources provided by the Secretary of Defense.
(3) Use existing facilities and services of the Department of Defense and other Federal Agencies, whenever practicable, to avoid duplication and to achieve an appropriate balance among modernization, readiness, sustainability, efficiency, and economy.
(b) The Secretaries of the Military Departments and the heads of other DoD Components shall consult the USD(A&T) before assigning an officer or employee to serve as a Program Executive Officer or a Program Manager, or reassigning an officer or employee so serving, for any program subject to review by the DAB.
(c) The Secretaries of the Military Departments and the heads of other DoD Components shall consult the USD(A&T) on program objectives memoranda and budget estimate submissions that reflect a significant change to any program subject to review by the DAB, before their submission to the OSD.
(d) The USD(A&T) shall work directly with the Service Acquisition Executives.
(e) Other OSD officials and heads of the DoD Components shall coordinate with the USD(A&T) on all matters related to authorities, responsibilities, and functions assigned in this part.
(a) The USD(A&T) is hereby granted the authority to direct the Secretaries of the Military Departments and heads of all other DoD Components on all matters of acquisition.
(b) The USD(A&T) shall decide upon the appropriate implementing actions to be taken as a result of DAB reviews, to include the establishment of specific exit criteria that must be satisfactorily demonstrated before an effort or program can progress to the next Milestone decision point. The USD(A&T)'s decisions shall be reflected in an Acquisition Decision Memorandum issued by the USD(A&T) for implementation by the heads of the DoD Components.
(c) The C, DoD, shall coordinate with the USD(A&T) prior to approving the transfer or reprogramming of funds into or from a program within the purview of the USD(A&T).
(d) The USD(A&T) may direct the C, DoD, to withhold the release of funds to an acquisition program when the USD(A&T) determines that such direction is necessary to ensure that the program meets the criteria established by DoD Directives for exiting the Milestone and all additional exit criteria for the program established by the Secretary of Defense, the Deputy Secretary of Defense, or the USD(A&T). The USD(A&T) may not delegate the authority granted by this subsection to anyone other than the PDUSD(A&T).
(e) The USD(A&T) shall:
(1) Issue DoD Instructions, DoD Publications, and one-time directive-type memoranda, consistent with DoD 5025.1-M,
(2) Obtain reports, information, advice, and assistance, consistent with DoD Directive 8910.1,
(3) Communicate directly with the heads of the DoD Components. Communications to Commanders of the Unified Combatant Commands shall be transmitted through the Chairman of the Joint Chiefs of Staff.
(4) Establish arrangements for DoD participation in nondefense governmental programs for which the USD(A&T) is assigned primary DoD cognizance.
(5) Communicate with other Government Agencies, representatives of the legislative branch, and members of the public, as appropriate, in carrying out assigned functions.
(6) Coordinate with and exchange information with other DoD officials exercising collateral or related responsibilities.
(7) Exercise the delegations of authority in appendix A to this part.
(f) Nothing in this part limits or otherwise affects delegations of authority by the Secretary of Defense to the Deputy Secretary of Defense.
I. Pursuant to the authority vested in the Secretary of Defense, and subject to his direction, authority, and control, and in accordance with DoD policies, Directives, and Instructions, the USD(A&T) is hereby delegated authority to exercise, within his assigned responsibilities and functional areas, all authority of the Secretary of Defense derived from statute, Executive order, and interagency agreement, except where specifically limited by statute or Executive order to the Secretary of Defense, to include but not limited to:
1. Exercise all authorities delegated to the Secretary of Defense by the Department of Commerce for the Defense Priorities and Allocations System (DPAS Del. No. 1, as amended). In addition, exercise the authorities delegated to the Secretary of Defense by Executive Order 12742, dated January 8, 1991 (3 CFR, 1991 Comp., p. 309)
2. Act for the Secretary of Defense in the exercise of extraordinary contractual action authority under Pub. L. 85-804, as amended by Pub. L. 93-155 (50 U.S.C. 1431-1435), as amended—an Act to authorize the making, amendment, and modification of contracts to facilitate the national defense, August 28, 1958, in accordance with E.O. 10789, November 14, 1958, as amended, 23 FR 8897, 3 CFR, 1954-1958 Comp., p. 426 and 48 CFR part 50.
3. Make Secretarial determinations, justifications, and approvals on behalf of the Advanced Research Projects Agency, Ballistic Missile Defense Organization, Defense Contract Management Command, Defense Logistics Agency, the Defense Nuclear Agency, the On-Site Inspection Agency, the Office of Economic Adjustment, the Defense Acquisition University, and the Defense Systems Management College under title 10, United States Code, with the authority to redelegate to the Heads of those organizations, and other organizations as may be assigned to the USD(A&T), as appropriate.
4. Act for the Secretary of Defense in making determinations and authorizing waivers under the Buy American Act (41 U.S.C. 10a-10d).
5. Act for the Secretary of Defense on delegations of authority to him by the U.S. Trade Representative to waive the prohibition against procurement from certain countries, pursuant to title 3, Pub. L. 96-36, Trade Agreements Act of 1979 (19 U.S.C. 2511 et seq.), and E.O. 12260, December 31, 1980, 46 FR 1653, 3 CFR, 1980 Comp., p. 311.
6. Act for, and exercise the powers of, the Secretary of Defense on requests for waiver of the navigation and vessel inspection laws of the United States under Pub. L. 891, 81st Congress, 2nd Session, December 27, 1950 (64 Stat. 1120), except on those matters that have been delegated by the Secretary of Defense to the Secretary of the Army.
7. Make recommendations to the Department of Energy in connection with facilities for transmission of electric energy and natural gas across borders of the United States, pursuant to the authority given the Secretary of Defense in E.O. 10485, September 3, 1953, 18 FR 5397, 3 CFR, 1949-1953 Comp., p. 70, as amended by E.O. 12038, February 3, 1978, 11 FR 1809, 3 CFR 1943-1948 Comp., p. 508.
8. Exercise all responsibilities and authorities of the Secretary of Defense under 10 U.S.C. 2404, on the acquisition of petroleum.
9. Act for the Secretary of Defense in the implementation of OMB Circular A-109,
10. Make the determination required by 50 U.S.C. 1512(1), on transportation or testing of any lethal chemical or any biological warfare agent.
11. Make written determinations for conduct of all closed meetings of Federal Advisory Committees under his cognizance as prescribed by section 10(d) of the Act (5 U.S.C. appendix II, 10(d)).
12. Act for the Secretary of Defense in the implementation of OMB Circular A-76,
13. With the exception of the determination of highly sensitive classified programs, which is retained by the Secretary of Defense, exercise the responsibilities and authorities of the Secretary of Defense to designate major defense acquisition programs, as defined in title 10, United States Code, section 2430.
14. Act for the Secretary of Defense in preparing and revising an acquisition strategy for a major defense acquisition program throughout the period from the beginning of Full-Scale Development (Engineering and Manufacturing Development) through the end of production under Sections 2438 and 2439 of title 10, United States Code.
15. Act for the Secretary of Defense in making certifications, providing reports, and approving waivers for major defense acquisition programs required by Title 10, United States Code. This authority includes, but is not limited to, the following:
a. Submit Selected Acquisition Reports (SARs) (Section 2432), to include notifications of SAR waivers and research, development, test, and evaluation-only SARs.
b. Make and submit certifications required for Unit Cost Reports (Section 2433).
16. Exercise all authorities delegated to the Secretary of Defense by E.O. 12580, January 23, 1987, 52 FR 2923, 3 CFR, 1977 Comp., p. 193, on responses to releases of hazardous substances for DoD facilities and vessels under the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.) as amended by the Superfund Amendments and Reauthorization Act of 1986 (Pub. L. 99-499, October 17, 1986) (100 Stat. 1613).
17. Exercise all responsibilities and authority of the Secretary of Defense under 10 U.S.C. 2701-2707 and 10 U.S.C. 2810 on conduct of the Defense Environmental Restoration Program.
18. Exercise the authority of the Secretary of Defense under 10 U.S.C. 2354 for the DoD Components other than the Military Departments.
19. Serve on and attend meetings of the Federal Acquisition Regulatory Council, established by section 25 of the Office of Federal Procurement Policy Act, as amended. The PDUSD(A&T) shall serve in the absence of the USD(A&T). This authority may be redelegated consistent with section 25 of the Office of Federal Procurement Policy Act, as amended (Pub. L. 93-400, 88 Stat 796), and section 809 of the National Defense Authorization Act for Fiscal Years 1992 and 1993, Pub. L. 102-190 (105 Stat. 1290).
20. Perform the functions and responsibilities set out at section 25(d) of the Office of Federal Procurement Policy Act, as amended. The authority to review and approve or disapprove regulations relating to procurement under subsection 25(d)(1) may not be redelegated to any person outside the Office of the USD(A&T).
21. Exercise the authority of the Secretary of Defense under 10 U.S.C. 2350b with respect to NATO Cooperative Projects as defined in section 27 of the Arms Export Control Act (Pub. L. 90-629, 82 Stat. 1320). The authority to grant waivers as authorized in subsection 2350b.(c) may not be redelegated.
22. Exercise all powers and duties of the Secretary of Defense under 10 U.S.C. 2535 to provide a comprehensive and continuous defense industrial reserve program.
23. Act for the Secretary of Defense in the exercise of authority under the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.) in accordance with E.O. 12626, February 25, 1988, 53 FR 6114, 3 CFR, 1988 Comp., p. 552.
24. Act for the Secretary of Defense, under the authority of Federal Property Management Regulations, 41 CFR 101-33.002, or under nay other Delegation of Authority that may hereafter be made by the Administrator of General Services, to enter into contracts for public utility services for a period not to exceed 10 years. This authority may be delegated.
25. Act for the Secretary of Defense in establishing and exercising policy direction and oversight over a defense technology office in Japan, in compliance with section 248 of the National Defense Authorization Act for fiscal year 1991 (Pub. L. 101-510) (104 Stat. 1485).
26. Exercise the authority of the Secretary of Defense in 10 U.S.C. 2410i, section 9069 of the DoD Appropriations Act, 1993 (Pub. L. 102-396) (106 Stat. 1876), and section 8072A of DoD Appropriations Act, 1992 (Pub. L. 102-172) (105 Stat. 1150) to waive prohibitions on awarding contracts to foreign entities that have not certified that they do not comply with the secondary boycott of Israel.
II. The USD(A&T) may redelegate these authorities, as appropriate, except as otherwise specifically indicated in this appendix or prohibited by law, Directive, or regulation.
10 U.S.C. chapter 4.
42 FR 33734, July 1, 1977, unless otherwise noted. Redesignated at 58 FR 39360, July 22, 1993.
Pursuant to the authority vested in the Secretary of Defense under the provisions of title 10, United States Code, the Defense Intelligence Agency (hereinafter “the DIA”) is hereby established with responsibilities, functions and authorities as prescribed herein.
The mission of the DIA is to satisfy, or to ensure the satisfaction of, the foreign intelligence requirements of the Secretary of Defense, the Joint Chiefs of Staff, DoD components and other authorized recipients, and to provide the military intelligence contribution to national intelligence.
The Director, DIA, shall advise the Secretary of Defense on intelligence matters. Under his direction and control, the DIA shall:
(a) Produce, or through tasking and coordination ensure the production of foreign intelligence required for support to the DIA mission. This function specifically includes the maintenance of a strong DoD scientific and technical intelligence program. For the purposes of this section, “production” includes the evaluation, correlation, analysis, interpretation and presentation of foreign intelligence.
(b) Provide intelligence and intelligence staff support to the Joint Chiefs of Staff in accordance with their requirements and established procedures.
(c) Ensure that adequate, timely and reliable intelligence is available to the Unified and Specified Commands.
(d) Participate in the DSARC process as established in DoD Directive 5000.2,
(e) Supervise the DoD indications system and provide support to the National Military Command System through the National Military Intelligence Center.
(f) Validate, register, assign, recommend priorities for, and monitor the satisfaction of DoD collection requirements, including those requirements assigned under the provisions of DoD Directive S-3115.7.
(g) Provide central management for the Defense Attache 1 System.
(h) Participate in the National Photographic Interpretation Center and the Defense Special Missile and Astronautics Center.
(i) Establish, maintain and operate facilities for DoD imagery indexing, processing, duplication, evaluation exploitation and central repository services in support of DoD and other authorized recipients.
(j) Supervise a DoD-wide intelligence dissemination program and provide centralized dissemination services in support of DoD and other authorized recipients.
(k) Provide intelligence bibliography, reference library, and research services as required to fulfill the DIA mission.
(l) Operate the Defense Intelligence School.
(m) In coordination with other intelligence agencies concerned, recommend plans for intelligence operations, including plans for the use of national intelligence systems to support military operational commanders. As directed, coordinate the execution of approved intelligence operations plans.
(n) Subject to the staff supervision of the Assistant Secretary of Defense (Communications, Command, Control and Intelligence) (ASD(C
(o) Act as management authority for all DoD intelligence information systems except those systems dedicated to signals intelligence operations and support functions falling within the scope of DoD Directive S-3115.7.
(p) Establish and operate a DoD career development program for civilian general intelligence personnel; review,
(q) Provide guidance, in conformance with policies of DoD and the Director of Central Intelligence, to DoD components concerning the release of Defense intelligence information to foreign governments, international organizations and the public.
(r) Administer DoD security policies and programs to protect intelligence and intelligence sources and methods, including direction of the Defense Special Security System.
(s) Adjudicate clearance eligibility for DIA civilian personnel and eligibility for access to compartmented intelligence for all personnel assigned to OSD, OJCS, and the Defense Agencies, with the exception of NSA, including contractors and consultants.
(t) Provide representation on national and international intelligence committees, boards and working groups, as appropriate.
(u) Provide the DoD focal point for relationships with foreign intelligence services.
(v) Prepare and submit to the Secretary of Defense the DIA program and budget.
(w) Ensure that all DIA policies, plans, programs, and activities are carried out in accordance with law and the provisions of Executive Orders and other directives from higher authority establishing oversight controls on foreign intelligence activities.
(x) Report to the Inspector General for Defense Intelligence and the General Counsel, Department of Defense, any activities that raise questions of legality or propriety.
(y) Establish and conduct or recommend research development, test and evaluation programs or projects to carry out the responsibilities assigned herein.
(z) Perform such other functions and services as the Secretary of Defense may from time to time assign.
(a) The Director, DIA, will be a commissioned officer of suitable general of flag rank appointed by the Secretary of Defense from officers of the Armed Forces on active duty. The DIA shall be authorized such personnel, facilities, funds, and other administrative support as the Secretary of Defense deems necessary.
(b) The Director, DIA, shall report to the Secretary of Defense and the Chairman, Joint Chiefs of Staff. The Director, DIA, shall be under the operational control of the Joint Chiefs of Staff for the purposes of:
(1) Obtaining the intelligence support required to perform the statutory and assigned responsibilities of the Joint Chiefs of Staff; and
(2) Ensuring that adequate, timely and reliable intelligence support is available to the Unified and Specified Commands.
(c) Staff supervision of the DIA for the Secretary of Defense will be exercised by the Assistant Secretary of Defense (Communications, Command, Control, and Intelligence) with respect to resources, and by the Deputy Under Secretary of Defense (Policy Review) with respect to policy.
(d) The performance of the Director, DIA, will be evaluated by the Secretary of Defense. The Chairman, JCS, shall report on performance of the Director, DIA, concurrently with the Secretary of Defense's report.
(a) In the performance of his duties the Director, DIA, shall:
(1) Coordinate actions, as appropriate, with DoD components and governmental agencies having collateral or related functions in the field of his assigned responsibilities.
(2) Maintain liaison for the exchange of information and advice with DoD
(b) The Military Departments and other DoD components shall provide such support and assistance to the DIA as may be necessary for carrying out its mission.
A delegation of the administrative authorities required by the Director, DIA, to administer and direct the operations of the Agency is contained in § 385.7. In the performance of assigned responsibilities and functions, the Director, DIA, is specifically delegated authority to:
(a) Establish, operate and control all organizations and activities assigned to DIA.
(b) Assign tasks and issue instructions and guidance to DoD components as necessary to carry out the functions assigned herein and such additional functions as may be assigned. All such assignments and issuance to a Military Department shall be through the Secretary of Defense or his designee. For activities under the cognizance of the Joint Chiefs of Staff, the Director, DIA, shall function as the intelligence staff officer of the Joint Staff and assign tasks in accordance with procedures of the Joint Chiefs of Staff.
(c) Have free and direct access to and communication with DoD components, the U.S. Intelligence Community, and other executive departments and agencies as necessary.
(d) Obtain from any DoD component such information as may be necessary for the performance of assigned functions, subject to the provisions of DoD Directive 5000.19.
(e) Enter into agreements on intelligence exchanges and cooperation with foreign military intelligence services as required to fulfill the DIA mission.
Pursuant to the authority vested in the Secretary of Defense, the Director, DIA, or, in the absence of the Director, his designee, is hereby delegated, subject to the direction, authority, and control of the Secretary of Defense, and in accordance with DoD policies, authority as required in the administration and operation of DIA to:
(a) Exercise the power vested in the Secretary of Defense by 5 U.S.C. 302 and 5 U.S.C. 3101 pertaining to the employment, direction and general administration of DIA civilian personnel.
(b) Fix rates of pay for wage rate employees exempted from the Classification Act by 5 U.S.C. 5102, on the basis of rates established under the Coordinated Federal Wage System. DIA, in fixing such rates, shall follow the wage schedule established by the DoD Wage Fixing Authority.
(c) Establish such advisory committees and employ such part-time advisers as approved by the Secretary of Defense for the performance of DIA functions pursuant to the provisions of 10 U.S.C. 173, 5 U.S.C. 3109(b), and the agreement between the DoD and the Civil Service Commission on employment of experts and consultants, dated March 14, 1975.
(d) Administer oaths of office incident to entrance into the Executive Branch of the Federal Government or any other oath required by law in connection with employment therein, in accordance with the provisions of 5 U.S.C. 2903(b) and designate in writing, as may be necessary, officers and employees of DIA to perform this function.
(e) Establish a DIA Incentive Awards Board and pay cash awards to and incur necessary expenses for the honorary recognition of civilian employees of the Government whose suggestions, inventions, superior accomplishments, or other personal efforts, including special acts or services, benefit or affect DIA or its subordinate activities in accordance with the provisions of 5 U.S.C. 4503 and applicable Civil Service Regulations.
(f) In accordance with the provisions of 5 U.S.C. 7532; Executive Order 10450, “Government Personnel Security Program,” August 5, 1954; and 32 CFR part 156:
(1) Designate any position in DIA as a “sensitive” position;
(2) Authorize, in case of any emergency, the appointment to a sensitive position in the DIA for a limited period of time of a person for whom a full field investigation or other appropriate investigation, including the National Agency Check, has not been completed; and
(3) Authorize the suspension, but not terminate the services of, an employee in the interest of national security in positions within DIA.
(g) Clear DIA civilian personnel and such other individuals as may be appropriate for access to classified Defense material and information in accordance with the provisions of 32 CFR part 156 and Executive Order 11652, “Classification and Declassification of National Security Information and Material,” March 8, 1972.
(h) Act as agent for the collection and payment of employment taxes imposed by chapter 21 of the Internal Revenue Code of 1954, as amended; and as such agent, make all determinations and certifications required or provided for under section 3122 of the Internal Revenue Code of 1954, as amended, and section 205(p) (1) and (2) of the Social Security Act, as amended (42 U.S.C. 405(p) (1) and (2)) with respect to DIA employees.
(i) Authorize and approve overtime work for DIA civilian officers and employees in accordance with the provisions of subchapter V, chapter 55, title 5, U.S. Code, and applicable Civil Service Regulations.
(j) Authorize and approve:
(1) Travel for DIA civilian employees in accordance with the Joint Travel Regulations, Volume 2, Department of Defense Civilian Personnel.
(2) Temporary duty travel for military personnel assigned or detailed to DIA in accordance with Joint Travel Regulations, Volume I for Members of the Uniformed Services.
(3) Invitational travel to persons serving without compensation whose consultive, advisory, or other highly specialized technical services are required in a capacity that is directly related to or in connection with DIA activities, pursuant to the provisions of 5 U.S.C. 5703.
(k) Approve the expenditure of funds available for travel by military personnel assigned or detailed to DIA for expense incident to attendance at meetings of technical, scientific, professional or other similar organizations in such instances when the approval of the Secretary of Defense or his designee is required by law (37 U.S.C. 412, 5 U.S.C. 4110 and 4111).
(l) Develop, establish, and maintain an active and continuing Records Management Program, pursuant to the provisions of section 506(b) of the Federal Records Act of 1950 (44 U.S.C. 3102).
(m) Establish and use imprest funds for making small purchases of material and services other than personal for DIA when it is determined more advantageous and consistent with the best interests of the Government, in accordance with the provisions of DoD Directive 5100.71,
(n) Authorize the publication of advertisements, notices, or proposals in newspapers, magazines, or other public periodicals as required for the effective administration and operation of DIA (44 U.S.C. 3702).
(o) Establish and maintain appropriate Property Accounts for DIA, and appoint Boards of Survey, approve reports of survey, relieve personal liability, and drop accountability for DIA property contained in the authorized Property Accounts that has been lost, damaged, stolen, destroyed, or otherwise rendered unserviceable in accordance with applicable laws and regulations.
(p) Promulgate the necessary security regulations for the protection of property and places under the jurisdiction of the Director, DIA, pursuant to subsection III.A and V.B. of DoD Directive 5200.8,
(q) Establish and maintain, for the functions assigned, an appropriate publications system for the promulgation of regulations, instructions, and reference documents, and changes thereto, pursuant to the policies and procedures prescribed in DoD Directive
(r) Enter into support and services agreements with the Military Departments, other DoD components, or other Government agencies as required for the effective performance of responsibilities and functions assigned to DIA.
(s) Exercise the authority delegated to the Secretary of Defense by the Administrator of the General Services Administration with respect to the disposal of surplus personal property.
(t) Enter into and administer contracts, directly or through another DoD Component or other Federal Agency, as appropriate, for supplies, equipment, and services required to accomplish the mission of the Defense Intelligence Agency. Contracting will be accomplished in accordance with applicable laws, DoD regulations and the Defense Acquisition Regulation. To the extent that any law or executive order specifically limits the exercise of such authority to persons at the Secretarial level of the Military Department, such authority will be exercised by the appropriate Under Secretary of Defense.
10 U.S.C. 301 and E.O. 12333, 3 CFR, 1981 Comp., p. 200.
57 FR 23157, June 2, 1992, unless otherwise noted. Redesignated at 58 FR 39360, July 22, 1993.
(a) This part establishes a Central Imagery Office (CIO) within the Department of Defense to ensure that United States Government intelligence, mapping, charting and geodesy, and other needs for imagery are met effectively and efficiently in a manner conducive to national security, consistent with the authorities and duties of the Secretary of Defense and the Director of Center Intelligence under title 10, U.S.C., E.O. 12333, and DoD Directive 5240.1.
(b) This part applies to the Office of the Secretary of Defense; the Military Departments; the Chairman of the Joint Chiefs of Staff and the Joint Staff; the Unified and Specified Combatant Commands; the Defense Agencies; and DoD Field Activities.
The Central Imagery Office shall provide support to the Department of Defense, the Central Intelligence Agency, and other Federal Government departments and agencies on matters concerning imagery relating to the national security.
The Central Imagery Office is hereby established as a defense agency of the Department of Defense under 10 U.S.C. and is hereby designated as a combat support agency. The Assistant Secretary of Defense for Command, Control, Communications, and Intelligence shall exercise overall supervision over the Central Imagery Office. The Central Imagery Office shall consist of a Director of the Central Imagery Office and such subordinate organizational elements, including the central imagery tasking authority required by § 386.5(a)(4), as the Director establishes within the resources made available.
The Director of the Central Imagery Office shall:
(a) Organize, direct, and manage the Central Imagery Office and all assigned resources.
(b) Manage the establishment of national imagery collection requirements consistent with guidance received from the Director of Central Intelligence under E.O. 12333.
(c) Ensure responsive imagery support to the Department of Defense, the Central Intelligence Agency, and, as appropriate, other Federal Government departments and agencies, including by coordination of imagery collection tasking, collection, processing, exploitation, and dissemination.
(d) Task imagery collection elements of the Department of Defense to meet national intelligence requirements, including requirements established by the Director of Central Intelligence in accordance with the National Security Act of 1947 and E.O. 12333, except that the Director of the Central Imagery Office shall advise an imagery collection element on collection of imagery to meet such national intelligence requirements when the collection element both:
(1) Is assigned to or under the operational control of the Secretary of a Military Department or a commander of a unified or specified command and,
(2) Is not allocated by the Secretary of Defense to meet national intelligence requirements.
(e) Advise imagery collection elements of the Department of Defense on the collection of imagery to meet non-national intelligence requirements.
(f) Establish, consistent to the maximum practicable extent with the overall functional architectures of the Department of Defense, the architectures for imagery tasking, collection, processing, exploitation, and dissemination within the Department of Defense, and, to the extent authorized by the heads of other departments or agencies with imagery tasking, collection, processing, exploitation, and dissemination functions establish the architectures for imagery tasking, collection, processing, exploitation, and dissemination within those departments or agencies.
(g) Establish, in coordination with the Director of the Defense Information Systems Agency, as appropriate, standards for imagery systems for which the Department of Defense has responsibility and ensure compatibility and interoperability for such systems, and, to the extent authorized by the heads of other departments or agencies with imagery systems, establish standards and ensure compatibility and interoperability with respect to the systems of those departments or agencies.
(h) Serve as the functional manager for a Consolidated Imagery Program within the National Foreign Intelligence Program consistent with applicable guidance received from the Director of Central Intelligence in accordance with the National Security Act of 1947 and E.O. 12333.
(i) Serve as the functional manager for the Tactical Imagery Program within the budget aggregation known as the Tactical Intelligence and Related Activites.
(j) Evaluate the performance of imagery components of the Department of Defense in meeting national and non-national intelligence requirements, and to the extent authorized by the heads of other departments or agencies with imagery tasking, collection, processing, exploitation, and dissemination functions evaluate the performance of the imagery components of those departments or agencies in meeting national and non-national intelligence requirements.
(k) Develop and make recommendations on national and non-national imagery policy, including as it relates to international matters, for the approval of appropriate Federal Government officials.
(l) Support and conduct research and development activities related to imagery tasking, collection, processing, exploitation, and dissemination, consistent with applicable law and Department of Defense directives.
(m) Protect intelligence sources and methods from unauthorized disclosure in accordance with guidance received from the Director of Central Intelligence under the National Security Act of 1947 and E.O. 12333.
(n) Ensure the compliance of the Central Imagery Office with 10 U.S.C. the National Security Act of 1947, E.O. 12333, DoD Directive 5240.1
(o) Establish standards for training personnel performing imagery tasking, collection, processing, exploitation, and dissemination functions.
(p) Advise the Secretary of Defense and the Director of Central Intelligence on future needs for imagery systems.
(q) Ensure that imagery systems are exercised to support military forces.
(r) Perform such other functions related to imagery as the Secretary of Defense may direct.
(a) In performing assigned functions, the Director of the Central Imagery Office shall:
(1) Communicate directly with the heads of Department of Defense components concerning imagery matters as appropriate.
(2) Maintain liaison with Executive branch entities on imagery matters as appropriate.
(3) To the extent permitted by law, make use of established facilities and services in the Department of Defense or other governmental agencies, whenever practicable, to achieve maximum efficiency and economy, with special emphasis on maximizing use of the existing personnel, facilities, and services of the Defense Intelligence Agency, the Defense Mapping Agency, the National Security Agency, and, to the extent authorized by the Director of Central Intelligence, the Central Intelligence Agency.
(4) Establish within the Central Imagery Office a central imagery tasking authority to execute the imagery collection tasking authority of the Director of the Central Imagery Office.
(b) The Secretaries of the Military Departments, the Chairman of the Joint Chiefs of Staff, and the heads of other Department of Defense components shall support the Director of the Central Imagery Office in the performance of the Director's functions, including by:
(1) Ensuring compliance with national intelligence tasking issued under § 386.4(d).
(2) Ensuring compliance with the architectures and standards established by the Director of the Central Imagery Office under § 386.4(f), (g), and (o).
(3) Assisting the Director in his role as functional manager for the Consolidated Imagery Program and the Tactical Imagery Program under § 386.4(h) and (i).
(4) Submitting imagery collection requirements to the Director.
(a) The Assistant Secretary of Defense for Command, Control, Communications, and Intelligence is hereby delegated the authority to issue instructions to Department of Defense components to implement DoD Directive 5105.56
(b) The Director of the Central Imagery Office is hereby delegated the authority to obtain reports, information, advice, and assistance, consistent with DoD Directive 7750.5
(a) The Director of the Central Imagery Office shall be appointed by the Secretary of Defense on the recommendation of the Director of Central Intelligence.
(b) The Director of the Central Imagery Office shall obtain administrative support, including personnel, budget execution, and contracting services, from the Defense Intelligence Agency and, to the extent permitted by law and approved by the Secretary of
(c) Resources for the Central Imagery Office shall be provided through the National Foreign Intelligence Program and the budget aggregation known as Tactical Intelligence and Related Activities, in accordance with applicable planning, programing, and budgeting system processes.
10 U.S.C. chapter 4.
43 FR 32755, July 28, 1978, unless otherwise noted. Redesignated at 58 FR 39360, July 22, 1993.
Pursuant to authority vested in the Secretary of Defense under the provisions of title 10, United States Code, this part establishes the Defense Contract Audit Agency (hereafter referred to as “DCAA”) with responsibilities, functions, authorities, and relationships as outlined below.
DCAA shall:
(a) Perform all necessary contract audit for the Department of Defense and provide accounting and financial advisory services regarding contracts and subcontracts to all Department of Defense components responsible for procurement and contract administration. These services will be provided in connection with negotiation, administration, and settlement of contracts and subcontracts.
(b) Provide contract audit service to other Government agencies as appropriate.
(a) DCAA is established as a separate agency of the Department of Defense under the direction, authority and control of the Assistant Secretary of Defense (Comptroller). It shall consist of a Director and such subordinate organizational elements as are established by the Director within resources authorized by the Secretary of Defense.
(b) No separate contract audit organization independent of the DCAA shall be established in the Department of Defense.
The Director, DCAA, shall:
(a) Organize, direct, and manage the DCAA and all resources assigned to the DCAA.
(b) Assist in achieving the objective of prudent contracting by providing DoD officials responsible for procurement and contract administration with financial information and advice on proposed or existing contracts and contractors, as appropriate.
(c) Audit, examine and/or review contractors’ and subcontractors’ accounts, records, documents, and other evidence; systems of internal control; accounting, costing, and general business practices and procedures; to the extent and in whatever manner is considered necessary to permit proper performance of the other functions described in paragraphs (d) through (l) of this section.
(d) Examine reimbursement vouchers received directly from contractors, under cost-type contracts, transmitting those vouchers approved for payment to the cognizant disbursing officer and issuing DCAA Form 1, “Notice of Contract Costs Suspended and/or Disapproved,” with a copy to the cognizant contracting officer, with respect to costs claimed but not considered allowable. Where the contractor disagrees with a suspension or disallowance action by DCAA, and the difference cannot be resolved, the contractor may appeal in writing to the Administrative Contracting Officer (ACO) who will make his determination in writing. In addition, the contracting officer may direct the issuance of DCAA Form 1, “Notice of Contract Costs Suspended and/or Disapproved,” with respect to any cost which he has reason to believe should be suspended or disapproved.
(e) Provide advice and recommendations to procurement and contract administration personnel on:
(1) Acceptability of costs incurred under redeterminable, incentive and similar type contracts.
(2) Acceptability of incurred costs and estimates of cost to be incurred as represented by contractors incident to the award, negotiation, modification, change, administration, termination, or settlement of contracts.
(3) Adequacy of financial or accounting aspects of contract provisions.
(4) Adequacy of contractors’ accounting and financial management systems, adequacy of contractors’ estimating procedures and adequacy of property controls.
(f) Assist responsible procurement or contract administration activities in their surveys of the purchasing-procurement systems of major contractors.
(g) Direct audit reports to the Government management level having authority and responsibility to take action on the audit findings and recommendations.
(h) Cooperate with other appropriate Department of Defense components on reviews, audits, analyses, or inquiries involving contractors’ financial position or financial and accounting policies, procedures, or practices.
(i) Establish and maintain liaison auditors as appropriate at major procuring and contract administration offices.
(j) Review General Accounting Office reports and proposed responses thereto which involve significant contract or contractor activities for the purpose of assuring the validity of appropriate pertinent facts contained therein.
(k) In an advisory capacity, attend and participate, as appropriate, in contract negotiation and other meetings which contract cost matters, audit reports, or related financial matters are under consideration.
(l) Provide assistance, as requested in the development of procurement policies and regulations.
(m) Perform such other functions as the Assistant Secretary of Defense (Comptroller) may from time to time prescribe.
The Director, DCAA, is specifically delegated authority to:
(a) Have free and unrestricted access to and direct communication with all elements of the Department of Defense and other executive departments and agencies as necessary.
(b) Establish Defense Contract Audit Agency facilities using appropriate established physical facilities and services of other DoD components whenever practicable to achieve maximum efficiency and economy.
(c) Obtain such information, consistent with the policies and criteria of DoD directive 5000.19,
(d) Exercise the administrative authorities contained in § 387.8 of this part.
(a) In the performance of his functions, the Director, DCAA, shall:
(1) Maintain appropriate liaison with other components of the DoD, other agencies of the executive branch, and the General Accounting Office for the exchange of information and programs in the field of assigned responsibilities.
(2) Make full use of established facilities in the Office of the Secretary of Defense, other DoD components, and other governmental agencies rather than unnecessarily duplicating such facilities.
(3) The military departments and other DoD components shall provide support, within their respective fields of responsibility, to the Director, DCAA to assist in carrying out the assigned responsibilities and functions of the Agency. Programing, budgeting and financing for such support will be in accordance with policies and procedures prescribed by the Assistant Secretary of Defense (Comptroller).
(b) Procurement and contract administration activities of the DoD components shall utilize audit services of the
(a) The Director, DCAA, shall be a civilian selected by the Secretary of Defense.
(b) The apointment of other personnel to the Agency will be subject to the approval of the Director, DCAA.
(c) DCAA will be authorized such personnel, facilities, funds, and other administrative support as the Secretary of Defense deems necessary.
Pursuant to the authority vested in the Secretary of Defense, and subject to his direction, authority, and control, and in accordance with DoD policies, directives, and instructions, the Director, DCAA, or, in the absence of the Director the person acting for him, is hereby delegated authority as required in the administration and operation of DCAA to:
(a) Exercise the powers vested in the Secretary of Defense by 5 U.S.C. 301, 302(b) and 3101 pertaining to the employment, direction and general administration of DCAA civilian personnel.
(b) Fix rates of pay for wage board employees exempted from Civil Service classification by 5 U.S.C. 5102(c)(7) on the basis of prevailing rates for comparable jobs in the locality where each installation is located.
(c) Establish advisory committees and employ part-time advisers pursuant to the provisions of 10 U.S.C. 173, 5 U.S.C. 3109(b), the Federal Advisory Committee Act, and the Agreement between the Department of Defense (DoD) and the Civil Service Commission on employment of experts and consultants, dated March 14, 1975.
(d) Administer oaths of office incident to entrance into the executive branch of the Federal Government or any other oath required by law in connection with employment therein, in accordance with the provisions of 5 U.S.C. 2903, and designate in writing, as may be necessary, officers and employees of DCAA to perform this function.
(e) Establish a DCAA incentive awards board and pay cash awards to, and incur necessary expenses for the honorary recognition of civilian employees of the Government whose suggestions, inventions, superior accomplishments or other personal efforts, including special acts or services, benefit or affect DCAA or its subordinate activities in accordance with the provisions of 5 U.S.C. 4503 and Civil Service regulations.
(f) In accordance with the provisions of 5 U.S.C. 7532; Executive Order 10450, dated April 27, 1953, as amended; and DoD directive 5210.7, “Department of Defense Civilian Applicant and Employee Security Program,” September 2, 1966:
(1) Designate any position in DCAA as a “sensitive” position;
(2) Authorize, in case of an emergency, the appointment of a person to a sensitive position in the Agency for a limited period of time for whom a full field investigation or other appropriate investigation, including the National Agency Check, has not been completed; and
(3) Authorize the suspension, but not to terminate the services of an employee in the interest of national security in positions within DCAA.
(g) Clear DCAA personnel and such other individuals as may be appropriate for access to classified Defense material and information in accordance with the provisions of DoD directive 5210.8, “Policy on Investigation and Clearance of DoD Personnel for Access to Classified Defense Information,” February 15, 1962, and of Executive Order 11652, dated March 8, 1972, as amended.
(h) Act as agent for the collection and payment of employment taxes imposed by chapter 21 of the Internal Revenue Code of 1954 and, as such agent, make all determinations and certifications required or provided for under section 3122 of the Internal Revenue Code of 1954 and section 205(p) (1) and (2) of the Social Security Act, as amended (42 U.S.C. 405(p) (1) and (2)) with respect to DCAA employees.
(i) Authorize and approve overtime work for DCAA civilian officers and
(j) Authorize and approve:
(1) Travel for DCAA civilian officers and employees in accordance with Joint Travel Regulations, Volume 2, DoD Civilian Personnel;
(2) Temporary duty travel only for military personnel assigned or detailed to DCAA in accordance with Joint Travel Regulations, Volume 1, Members of Uniformed Services; and
(3) Invitational travel to persons serving without compensation whose consultive, advisory or other highly specialized technical services are required in a capacity that is directly related to, or in connection with DCAA activities, pursuant to the provisions of 5 U.S.C. 5703.
(k) Approve the expenditure of funds available for travel by military personnel assigned or detailed to DCAA for expenses incident to attendance at meetings of technical, scientific, professional or other similar organizations in such instances where the approval of the Secretary of Defense or his designee is required by law (37 U.S.C. 412). This authority cannot be redelegated.
(l) Develop, establish and maintain an active and continuing records management program, pursuant to the provisions of section 506(b) of the Federal Records Act of 1950 (44 U.S.C. 3102), the Freedom of Information Act program (5 U.S.C. 552) and the Privacy Act program (5 U.S.C. 552a).
(m) Establish and use imprest funds for making small purchases of material and services other than personal for DCAA when it is determine more advantageous and consistent with the best interests of the Government, in accordance with the provisions of DoD Instruction 5100.71, “Delegation of Authority and Regulations Relating to Cash Held at Personal Risk Including Imprest Funds,” March 5, 1973, and the Joint Regulation of the General Services Administration/Treasury Department/General Accounting Office, entitled “For Small Purchases Utilizing Imprest Funds.”
(n) Authorize the publication of advertisements, notices or proposals in newspapers, magazines or other public periodicals as required for the effective administration and operation of DCAA (44 U.S.C. 3702).
(o) Establish and maintain appropriate property accounts for DCAA and appoint boards of survey, approve reports of survey, relieve personal liability, and drop accountability for DCAA property contained in the authorized property accounts that has been lost, damaged, stolen, destroyed or otherwise rendered unserviceable, in accordance with applicable laws and regulations.
(p) Promulgate the necessary security regulations for the protection of property and places under the jurisdiction of the Director, DCAA, pursuant to subsections III.A and V.B. of DoD Directive 5200.8, “Authority of Military Commanders Under the Internal Security Act of 1950 to Issue Security Orders and Regulations for the Protection of Property or Places Under Their Command,” August 20, 1954.
(q) Establish and maintain, for the functions assigned, an appropriate publications system for the promulgation of common supply and service regulations, instructions, and reference documents, and changes thereto, pursuant to the policies and procedures prescribed in DoD Directive 5025.1, “Department of Defense Directive System,” November 18, 1977.
(r) Enter into support and service agreements with the military departments, other DoD agencies, or other Government agencies as required for the effective performance of responsibilities and functions assigned to DCAA.
10 U.S.C. 113.
59 FR 43477, Aug. 24, 1994, unless otherwise noted.
Under the authority vested in the Secretary of Defense by 10 U.S.C. 113, this part establishes the BMDO as an agency of the Department of Defense with the responsibilities, functions, relationships, and authorities as prescribed herein.
This part applies to the Office of the Secretary of Defense (OSD), the Military Departments, the Chairman of the Joint Chiefs of Staff, the Unified Combatant Commands, the Office of the Inspector General of the Department of Defense, the Defense Agencies, and the DoD Field Activities (hereafter referred to collectively as “the DoD Components”).
(a) BMDO shall manage, direct, and execute the Ballistic Missile Defense Program (BMDP) to achieve the following objectives:
(1) Enable deployment of an effective and rapidly relocatable advanced theater missile defense capability to protect forward-deployed and expeditionary elements of the Armed Forces of the United States as well as friends and allies of the United States;
(2) Develop options for, and deploy when directed, an antiballistic missile (ABM) system that is capable of providing effective defense of the U.S. homeland against limited attacks of ballistic missiles, including accidental, unauthorized launches or deliberate attacks;
(3) Demonstrate advanced technologies—as options for enhancing initial BMD systems—such as space-based defenses and their associated sensors that could provide an overlay to ground-based interceptors; and
(4) Continue programs of basic and applied research to develop follow-on technologies for both near-term and future technology insertion options and new system options to sustain a highly effective missile defense capability.
(b) The BMDP shall provide the basis for informed decisions regarding development, production, and deployment milestones, and shall be carried out in full consultation and, where appropriate, with participation of our allies. The program shall be conducted in compliance with all existing international agreements and treaty obligations and shall utilize nonnuclear weapon technologies to achieve the deployments in paragraphs (a)(1) and (a)(2) of this section. The BMDP shall focus on the development, acquisition, and integration of theater missile defenses and strategic defenses against ballistic missile threats to the United States.
(a) BMDO shall consist of a Director and such subordinate organizational elements as are established by the Director within resources authorized by the Secretary of Defense. The Director, BMDO, shall serve also as the BMD Acquisition Executive (BMDAE) for BMDO-funded programs and/or projects.
(b) The Under Secretary of Defense for Acquisition and Technology (USD(A&T)), as the Defense Acquisition Executive (DAE), shall provide DoD oversight and guidance for the BMD acquisition program, and shall conduct formal reviews, including Defense Acquisition Board milestone reviews, for BMDPs. All such reviews shall emphasize streamlined acquisition strategies. The USD(A&T) shall provide oversight for the BMD technology base activities contained in the BMDP.
(c) A BMD Acquisition Review Council (BMDARC) may be established by the BMDAE to assist the BMDAE to:
(1) Review BMDP progress in preparation for acquisition milestone decisions;
(2) Resolve critical programmatic and technical issues; and
(3) Determine specific program directions.
(4) The Service Acquisition Executives (SAEs) and Vice Chiefs of Staff of the Services shall provide representatives to the BMDARC. Membership shall also include representatives of the Vice Chairman of the Joint Chiefs of Staff and Commanders of the Unified Combatant Commands, as necessary.
The Director, BMDO, is responsible for BMD programmatic policy, requirements, priorities, systems, resources, and programs, and is responsible and accountable for the research, development, and transition of BMD systems to the Military Departments and operations by the Combatant Commands. The Director shall:
(a) Organize, direct, and manage BMDO and all assigned resources and activities; provide for the procurement and fielding of assigned systems; and administer and supervise all programs, services, and items under the BMDP to include but not be limited to:
(1) Theater missile defense systems;
(2) The U.S. ballistic missile defense systems; and
(3) Other antiballistic missile systems or upgrades as may be assigned by the USD(A&T).
(b) Develop programmatic policies and issue program guidance and direction to the DoD Components consistent with U.S. national security policy.
(c) Establish the BMD management network including BMDO, the Services, and other Agencies to execute all program activities; and delegate appropriate authority to key individuals to ensure successful program execution and integration.
(d) Establish the systems and procedures necessary to coordinate integration into the overall BMDP of the major BMD acquisition programs and other acquisition programs that directly relate to the BMDP's objectives for development and deployment.
(e) Develop systems’ standards and procedures for the administration and management of approved BMD plans and programs; establish program goals and objectives; set priorities; and evaluate BMDP activities of DoD Components and, as appropriate, those of other Federal Agencies.
(f) Prepare the BMDP objectives memoranda and budget submissions in coordination with appropriate DoD Components; make determinations regarding priorities and resources; provide recommendations on program budget decisions to the USD(A&T), Comptroller of the Department of Defense, and Director, Program Analysis and Evaluation, for incorporation into the planning, programming, and budgeting system process; and initiate and implement congressional reprogramming actions.
(g) Make such determinations regarding priorities and resources in coordination with appropriate DoD Components to include the Joint Requirements Oversight Council, as may be required to achieve approved program objectives and to enable the incremental development and deployment of BMD systems for U.S. Forces, the United States, and allies.
(h) In coordination with the USD(A&T) and appropriate DoD officials, identify Military Department, Defense Agency, and BMDO responsibilities for program execution, and in such cases where source-selection is not delegated to the Military Departments and Defense Agencies, retain that authority within BMDO.
(i) Develop mechanisms for coordinating BMDPs with other DoD research, development, test, and evaluation efforts.
(j) Oversee, in coordination with appropriate DoD Components, the participation of U.S. allies and friends in the BMD technical cooperation programs.
(k) Provide periodic program reviews and milestone decision information to the DAE, as well as to the BMDARC.
(l) Serve as principal DoD official responsible for presenting the BMDP budget to the Congress.
(m) Ensure that jointly funded programs have been reviewed by appropriate SAEs prior to initiating programmatic discussions with the USD(A&T).
(n) Serve as principal public spokesperson for the BMDP.
(o) Promote coordination, cooperation, and mutual understanding within the Department of Defense and between the Department of Defense and other Federal Agencies, and the civilian community with respect to BMD matters.
(p) Serve on boards, committees, and other groups pertaining to BMD activities, functions, and responsibilities.
(q) Establish internal procedures for compliance with the ABM Treaty and other Arms Control Agreements, pursuant to DoD Directive 2060.1.
(r) Perform such other duties as the USD(A&T) may prescribe.
(a) In the performance of assigned functions, the Director, BMDO, shall:
(1) Serve under the authority, direction, and control of them USD(A&T).
(2) Serve as a member of the Defense Planning and Resources Board, when BMD matters are under consideration, and Chairman of the BMDARC.
(3) Consult with the Secretaries of the Military Departments, Chairman of the Joint Chiefs of Staff, and Under Secretary of Defense for Policy when addressing issues under their respective purview, to include the strategy and policy implications of defensive capabilities.
(4) Operate within the DoD Acquisition System, as defined in DoD Directive 5000.1
(5) Establish, in consultation with the USD(A&T), mechanisms for coordination of BMDPs with other DoD technical efforts; and coordinate and exchange information with other DoD officials having collateral or related functions.
(6) Establish procedures for streamlined communication with each Military Department and Defense Agency involved in the BMDP.
(7) Maintain active liaison for the exchange of information and advice in the field of assigned responsibility with all the DoD Components, other U.S. Government activities, and non-DoD research institutions (including private business entities and educational institutions).
(8) Through the USD(A&T), keep the Secretary of Defense, the Deputy Secretary of Defense, the DoD Components, and non-DoD U.S. Government Agencies informed, as appropriate, on schedules, status, and significant new developments, breakthroughs, and technological advances within assigned projects.
(9) Use existing facilities and services of the Department of Defense and other Federal Agencies, whenever practicable, to avoid duplication and to achieve maximum efficiency and economy.
(b) The Heads of the DoD Components shall:
(1) Provide support within their respective fields of responsibilities, to the Director, BMDO, as required, to carry out the responsibilities and functions assigned to BMDO.
(2) Provide information, as necessary, to the Director, BMDO, on all programs and activities that include, or are related to, BMD research, technology, and the BMDP.
(c) The Secretaries of the Military Departments and Directors of Defense Agencies shall:
(1) Execute BMD element programs and BMD technology development efforts as recommended by the Director, BMDO, and approved by the Secretary of Defense.
(2) Provide the personnel (to include a BMD Program Executive Officer and Element Program Managers) and the infrastructure necessary to support all Service BMD activities.
(3) Provide program recommendations and advice to the Director, BMDO on budgeting, resources, and program execution.
(4) Provide advice on BMD activities, including readiness for advancing through the acquisition process, technical and programmatic issues, and general program guidance.
(5) Submit program documentation and reports required by the Director, BMDO, in support of DAE reviews and milestone decisions.
The Director, BMDO, is hereby delegated authority to:
(a) Communicate directly and enter into agreements with heads of DoD Components, as necessary, in carrying out assigned responsibilities. Communications with the Commanders of the Unified Combatant Commands shall be communicated through the Chairman of the Joint Chiefs of Staff.
(b) Recommend to the USD(A&T) revisions or exceptions to Military Department and/or Defense Agency regulations, directives, procedures, or instructions for, or related to, system acquisition for individual or a class of BMD requirements as determined necessary to accomplish the BMD objectives.
(c) Enter into and administer contracts, directly or through a Military Department, as appropriate, for supplies, equipment, and services required to accomplish the mission of the BMDO.
(d) Serve as the head of an Agency and Contracting Activity, and act as the Senior Procurement Executive, within the meaning of and subject to the limitations of 48 CFR 202.101 and 48 CFR 2.1, for the BMDO.
(e) Authorize the allocation and/or sub-allocation of funds made available to BMDO for assigned research, development, test, and acquisition projects.
(f) Acquire or construct, through a Military Department or other Government Agency, such research, development, and test facilities and equipment required to carry out assignments that may be approved by the Secretary of Defense or Deputy Secretary of Defense as recommended by the USD(A&T), in accordance with applicable statutes.
(g) Negotiate agreements, as necessary, with other U.S. Agencies and organizations to ensure proper coordination and execution of the BMDP.
(h) Negotiate agreements, as necessary, with foreign governments to execute allied participation in the BMDP. These agreements shall be subject to approval by duly appointed DoD authorities, in accordance with DoD Directive 5530.3.
(i) Establish, in coordination with appropriate DoD Components, special security procedures for sensitive BMDPs.
(j) Exercise original classification authority over BMDO funded technology development and acquisition programs. In general, where another DoD Component has been designated for program execution, original classification authority will be delegated to that Component as part of a program management agreement with BMDO. All original classification decisions must be made in coordination with the BMDO, Military Departments, and other appropriate DoD organizations.
(k) Exercise foreign disclosure authority over BMDO funded technology development and acquisition programs. In general, where another DoD Component has been designated for program execution, foreign disclosure authority will be delegated to that Component as part of a program management agreement with BMDO. All foreign disclosure decisions must be made in accordance with National Disclosure Policy and applicable DoD procedures, and be coordinated with the BMDO, Military Departments, and other appropriate DoD organizations.
(l) Carry out the functions and exercise the responsibilities of the Theater Missile Defense Initiative Office, as established by section 231 of the National Defense Authorization Act for Fiscal Year 1993.
(m) Exercise the administrative authorities contained in appendix A to this part.
(a) The Director, BMDO, shall be appointed by the Secretary of Defense, upon recommendation from the USD(A&T).
(b) The Military Departments shall assign personnel to BMDO, in accordance with approved authorizations and procedures for joint duty assignment and the Defense Acquisition Workforce Improvement Act.
(c) Administrative support required for BMDO shall be provided by the other DoD Components, as appropriate.
(d) The Director, BMDO, shall consult on all key military and civilian personnel assignments within the BMD management network.
Pursuant to the authority vested in the Secretary of Defense, and in accordance with DoD policies, Directives, and Instructions, the Director, BMDO, or, in the absence of the Director, the person acting for the Director, is hereby delegated authority, in the administration and operation of the BMDO, to:
1. Perform the following functions in accordance with the provisions of 5 U.S.C. 7532;
a. Designate and position in the BMDO as a “sensitive” position.
b. Authorize, in case of an emergency, the appointment of a person to a sensitive position in the BMDO, for a limited period of time, for whom a full field investigation or other appropriate investigation, including the National Agency Check, has not been completed.
c. Authorize the suspension, but not the termination, of the services of a BMDO employee in the interest of national security.
2. Authorize and approve:
a. Travel for BMDO civilian employees, in accordance with Joint Travel Regulations,
b. Temporary duty travel only for military personnel assigned or detailed to BMDO, in accordance with Joint Travel Regulations, Volume I.
c. Invitational travel to persons serving without compensation whose consultative, advisory, or other specialized technical services are required in a capacity directly related to, or in connection with, BMDO activities.
3. Approve the expenditure of funds available for travel by military personnel assigned or detailed to BMDO for expenses incident to attendance at meetings of technical, scientific, professional, or other similar organizations in such instances where the approval of the Secretary of Defense or designee is required by law (37 U.S.C. 412).
4. Develop, establish, and maintain an active and continuing Records Management Program under DoD Directive 5015.2;
5. Establish and use imprest funds for making small purchases of material and services, other than personal, for the BMDO when it is determined more advantageous and consistent with the best interests of the Government, in accordance with DoD Directive 7360.10
6. Authorize and approve overtime work for civilian personnel in BMDO, in accordance with provisions of the Federal Personnel Manual Supplement
7. Establish and maintain appropriate property accounts for BMDO and appoint boards of survey, approve reports of survey, relieve personal liability, and drop accountability for BMDO property contained in the authorized property accounts that have been lost, damaged, stolen, destroyed, or otherwise rendered unserviceable, in accordance with applicable laws and regulations.
8. Establish and maintain for the functions assigned an appropriate publications system for the promulgation of regulations, Instructions, and reference documents, and changes thereto, pursuant to the policies and procedures prescribed in DoD 5025.1-M.
9. Issue the necessary security regulations for protection of property and places under the jurisdiction of the BMDO, under DoD Directive 5200.8.
10. Exercise original TOP SECRET classification authority.
11. Establish security classification guidance and review policy.
12. Enter into inter-service support agreements with the Military Departments, other DoD Components, or other Government Agencies, as required, for the effective performance of responsibilities and functions assigned to the BMDO.
13. Establish advisory committees pursuant to the provisions of the Federal Advisory Committee Act of 1972 (Pub. L. 92-463) and DoD Directive 5105.18.
14. Authorize the publication of advertisements, notices, or proposals in newspapers, magazines, or other public periodicals as required for the effective administration and operation of BMDO (44 U.S.C. 3702).
15. Request specific Military Departments and Defense Agencies to serve as contracting activities for the BMDO, as necessary.
10 U.S.C. 133.
53 FR 16254, May 6, 1988, unless otherwise noted.
This part is issued to update and clarify the responsibilities and functions of the Armed Forces Radiobiology Research Institute (AFRRI). It sets forth the organizational relationships and establishes the management and administrative procedures for AFRRI, in accordance with 32 CFR part 381 and provides for the establishment of a Board of Governors.
This part applies to the Office of the Secretary of Defense (OSD), the Military Departments, the Organization of the Joint Chiefs of Staff (NJCS), and the Defense Agencies (hereafter referred to collectively as “DoD Components”). The term “Military Services,” as used herein, refers to the Army, Navy, Air Force, and Marine Corps.
It is DoD Policy that:
(a) AFRRI is designated a subordinate command of the Defense Nuclear Agency (DNA) established under the authority vested in the Secretary of Defense.
(b) AFRRI shall serve as the principal ionizing radiation radiobiology research laboratory for the Department of Defense and shall support defense research requirements identified by the DoD Components. AFRRI may provide services and perform cooperative research with other Federal and civilian agencies and institutions with the approval of the Director, DNA.
(c) The mission of AFRRI shall be to conduct research in the field of radiobiology and related matters essential to the operational and medical support of the Department of Defense and the Military Services.
(d) For purposes of cognizance by the Under Secretary of Defense for Acquisition (USD(A)), the AFRRI program shall be considered an integral part of the medical and life sciences research, development, test, and evaluation program.
(a) The
(1) Manage the AFRRI, as provided by 32 CFR part 381.
(2) Provide adequate support for the operation and maintenance of AFRRI within the limits of resources available to the DNA for such purposes.
(3) Chair the AFRRI Board of Governors, which shall consist of the Surgeons General of the Army, Navy, and Air Force; the Deputy Chiefs of Staff for Operations of the Army, Navy, and Air Force, or their designated representatives; and representatives of the (USD(A)) and the Assistant Secretary of Defense for Health Affairs (ASD(HA)). The Board of Governors shall:
(i) Meet at least annually and at the call of the Chair.
(ii) Invite advisors to these meetings.
(iii) Make periodic visits to AFRRI.
(iv) Advise the Director, DNA, and the Director, AFRRI, on AFRRI's performance by doing the following:
(A) Review the AFRRI research program and scientific findings.
(B) Provide advice on the long term direction of AFRRI's research program.
(C) Facilitate the communication of Service requirements and the dissemination of AFRRI research findings.
(D) Review Service nominations for Director, AFRRI, and provide a prioritized list of nominees to the Director, DNA.
(b) The
(1) Execute the approved day-to-day research program.
(2) Prepare the AFRRI long-range research program; annual planning, programming, and budgeting system submission; and facilities master plans for approval by the Director, DNA.
(3) Plan, program, and budget for funds to include in the DNA program. This does not prevent AFRRI's participation in reimbursable activities, subject to the approval by the Director, DNA.
AFRRI shall consist of a Director, a Scientific Director, and a supporting staff:
(a) The Director, AFRRI, shall be a military officer (in grade O-6) who holds an earned doctoral degree in one of the life sciences. The candidates for Director shall be nominated by the Surgeons General of the Army, Navy, and Air Force. Each Service shall nominate one individual with the proper background. Candidates shall be nominated on the basis of professional qualifications and demonstrated management ability. The Board of Governors shall review the Service nominees and provide a prioritized list of candidates to the Director, DNA, who shall select and appoint the Director, AFRRI. This appointment shall be for a 4-year period.
(b) The Scientific Director shall be a civilian with professional qualifications acceptable to the Board of Governors and the Director, AFRRI.
(c) The professional, technical, and supporting staff shall consist of military and civilian personnel authorized by a Joint Table of Distribution (JTD), developed by the Director, AFRRI, with approval of Director, DNA, and approved by the Joint Chiefs of Staff (JCS). Insofar as possible, the military members of the staff shall be provided equally by the Military Departments.
(d) The Military Departments shall assign military personnel to AFRRI in accordance with approved authorizations. Procedures for such assignments shall be as agreed between the Director, DNA, and the individual Military Departments.
(e) The pay, allowances (including subsistence), and permanent change-of-station costs of military personnel assigned to AFRRI shall be budgeted for and paid by the Military Department concerned. Additionally, these and other costs that are caused by or benefiting AFRRI, regardless of financing, shall be allocated to AFRRI in accordance with DoD Instruction 7220.24
Under established DoD policies, AFRRI shall:
(a) Operate research facilities for the study of radiobiology and ionizing radiation bioeffects, and disseminate the results.
(1) The scope of this research shall reflect requirements identified by DoD Components in support of military operational planning and employment (current and future), and shall give special emphasis to individual and organizational performances under nuclear combat conditions in realistc operational scenarios.
(2) The AFRRI program shall consider the present and projected threats, Service operational concepts and weapons, and defense systems developments.
(b) Provide analysis, study, and consultation on the impact of the biological effects of ionizing radiation on the organizational efficiency of the Military Services and their members.
(c) Conduct cooperative research with the Military Medical Departments in those aspects of military operational and medical support considerations related to nuclear weapons effects and the radio biological hazards of space operations.
(d) Conduct advanced training in the field of radiobiology and the biological effects of nuclear weapons to meet the internal requirements of AFRRI, the Military Services, and other DoD Components and organizations.
(e) Perform such other functions as may be assigned.
32 CFR part 381 applies to the Director, DNA, for exercising head-quarters management of AFRRI and fulfilling the functional responsibilities implicit in this part.
This part is effective November 25, 1987. Forward two copies of implementing documents to the Under Secretary of Defense of Acquisition within 120 days.
U.S.C. 113.
53 FR 22649, June 17, 1988, unless otherwise noted.
Pursuant to the authority vested in the Secretary of Defense under 10 U.S.C., this part establishes the position of Director of Administration and Management (DA&M), reporting to the Deputy Secretary of Defense, with the responsibilities, functions, relationships, and authorities prescribed herein.
The
(a) Advise and assist the Secretary and Deputy Secretary of Defense on administration and organization within the Department of Defense.
(b) Provide policy guidance to DoD Components and coordinate on administrative and organizational matters.
(c) Review, evaluate, and develop recommendations to improve the organization, functions, and management of DoD activities and programs.
(d) Develop and maintain organizational charters for the OSD, the Defense Agencies, the DoD Field Activities, and other DoD activities, as required.
(e) Provide policy guidance, coordinate, and oversee administration of assigned programs, including the DoD Committee Management Program, the DoD Management Headquarters Program, and the DoD Privacy Program.
(f) Administer the Historical Program of the OSD and coordinate DoD Historical Program activities.
(g) Analyze and control manpower requirements for the OSD, the OJCS, and other assigned activities.
(h) Administer the Internal Management Control Program for the OSD and other assigned activities.
(i) Participate in planning, programming, and budgeting activities related to DA&M responsibilities.
(j) Promote coordination, cooperation, and mutual understanding on matters under DA&M cognizance within the DoD and between the DoD, other Government Agencies, and the public.
(k) Serve on boards, committees, and other groups concerned with matters pertaining to the functions and responsibilities assigned to the DA&M and represent the Secretary and Deputy Secretary of Defense on such matters outside the DoD.
(l) Perform such other duties as the Secretary or Deputy Secretary of Defense may prescribe.
(a) In the performance of the above functions, the DA&M shall:
(1) Coordinate and exchange information with officials of other DoD Components having collateral or related functions.
(2) Use existing facilities and services of the DoD, whenever practicable, to achieve maximum efficiency and economy.
(b) Serve as the Director, Washington Headquarters Services in accordance with 32 CFR part 356.
(c) Other OSD officials and the heads of DoD Components shall coordinate with the DA&M on all matters related to the functions cited in § 391.3.
The DA&M is hereby delegated authority to:
(a) Issue DoD Instructions and one-time directive-type memoranda, consistent with DoD 5025.1-M that implement policies approved by the Secretary or Deputy Secretary of Defense in the functions assigned to the DA&M. Instructions to the Military Departments shall be issued through the Secretaries of those Departments, or their designees. Instructions to Unified and Specified Commands shall be issued through the Chairman, Joint Chiefs of Staff (CJCS).
(b) Obtain reports, information, advice, and assistance, consistent with DoD Directive 7750.5, in carrying out assigned functions, as necessary.
(c) Communicate directly with the heads of the DoD Components. Communications to the Commanders of Unified and Specified Commands shall be coordinated with the CJCS.
(d) Establish arrangements for DoD participation in non-defense governmental programs for which the DA&M is assigned primary staff cognizance.
(e) Communicate with other Government Agencies, representatives of the legislative branch, and members of the public, as appropriate, in carrying out assigned functions.
(f) Act for the Secretary of Defense before the Joint Committee on Printing, the Public Printer, and the Director of the Office of Management and Budget on all matters relating to printing, binding, and publications requirements, consistent with 44 U.S.C. chapter 11.
This part is effective May 24, 1988.
10 U.S.C. 133
54 FR 13381, Apr. 3, 1989, unless otherwise noted.
This part:
(a) Implements 15 U.S.C. 644(k) that establishes the position of Director of Small and Disadvantaged Business Utilization (Director, SADBU) under the direction, authority, and control of the Under Secretary of Defense (Acquisition) (USD(A)).
(b) Assigns responsibilities, functions, relationships, and authorities, as prescribed herein, to the Director, SADBU, pursuant to the authority vested in the Secretary of Defense under section 10 U.S.C. 113.
The
(a) Implement and execute the functions and duties assigned by 15 U.S.C. 636 and 644, as they relate to the Department of Defense.
(b) Conduct analyses, develop policies, provide advice, make recommendations, and issue guidance on DoD plans, programs, and requirements.
(c) Develop plans, programs, procedures, goals, and objectives, and initiate actions and taskings to ensure adherence to DoD policies.
(d) Develop systems and standards for the administration of approved policies, plans, and programs.
(e) Conduct reviews (including compliance reviews of DoD Components and major prime contractors) and evaluate programs to ensure adherence to approved policies and standards.
(f) Participate in the Planning, Programming, and Budgeting System
(g) Keep appropriate organizations and officials informed of significant trends or initiatives.
(h) Promote coordination, cooperation, and mutual understanding within the Department of Defense and between the Department of Defense, congressional committees, other Government Agencies, and the public.
(i) Serve on boards, committees, and other groups and represent the Secretary of Defense and USD(A) outside the Department of Defense.
(j) Perform other duties as the Secretary of Defense and the USD(A) may prescribe.
The Director, SADBU, shall carry out the responsibilities in § 392.3 for the following functional areas:
(a) Prime contracts, subcontracts, and research and development contracts for small, small disadvantaged, and women-owned small businesses.
(b) Labor Surplus Area Program.
(c) Historically Black Colleges and Universities and Minority Institutions.
(d) Small and Disadvantaged Business Subcontracting Program.
(e) Small Business Research and Development Program, to include the Small Business Innovation Research Program.
(f) Blind and Other Severely Handicapped Program.
(g) Procurement Technical Assistance Program.
(h) Small Business Set Aside Program.
(i) Small Disadvantaged Business Development Program.
(j) DoD procurement outreach publications.
(k) Programs in support of Area Small Business Councils; Federal procurement conferences sponsored by members of Congress in their constituencies; economic development entities of States, counties, and municipalities; and industry trade associations promoting the growth of small businesses, small disadvantaged businesses, and women-owned small businesses.
(a) In the performance of the above functions, the Director, SADBU, shall:
(1) Coordinate and exchange information with officials of other DoD Components having collateral or related functions.
(2) Use existing systems, facilities, and services of the Department of Defense and other Federal Agencies, whenever practicable, to achieve maximum efficiency and economy.
(3) Operate a Central Procurement Information Office for the Department of Defense.
(b) Other OSD officials and the Heads of DoD Components shall coordinate with the Director, SADBU, on all matters related to the functions in § 392.4.
The Director, SADBU, is hereby delegated authority to:
(a) Issue DoD Instructions, DoD publications, and one-time directive-type memoranda, consistent with DoD 5025.1-M, that implement policies approved by the Secretary of Defense in the functions assigned to the Director, SADBU. Instructions to the Military Departments shall be issued through the Secretaries of those Departments, or their designees. Instructions to Unified and Specified Commands shall be issued through the Chairman, JCS (CJCS).
(b) As authorized by Section 15 U.S.C. 644(k)(4), exercise supervisory authority over DoD personnel to the extent that their functions and duties relate to the functions and duties assigned to the Director, SADBU, by 15 U.S.C. Sections 637 and 644.
(c) Assign small business technical advisers to the DoD Components in accordance with 15 U.S.C. Section 644(k)(6).
(d) Obtain reports, information, advice, and assistance, consistent with DoD Directive 7750.5, as necessary, in carrying out assigned functions.
(e) Communicate directly with the Heads of the DoD Components. Communication to Commanders of the Unified and Specified Commands shall be coordinated with the CJCS.
(f) Establish arrangements for DoD participation in non-Defense governmental programs for which the Director, SADBU, is assigned primary staff cognizance.
(g) Communicate with other Government Agencies, representatives of the legislative branch, and members of the public, as appropriate, in carrying out assigned functions.
10 U.S.C. 137.
55 FR 2807, Jan. 29, 1990, unless otherwise noted.
This part:
(a) Implements the provision of title 10, United States Code that establishes the position of General Counsel of the Department of Defense (GC, DoD).
(b) Assigns to the GC, DoD, the responsibilities, functions, relationships, and authorities prescribed herein, pursuant to the authority vested in the Secretary of Defense under title 10, United States Code.
The
(a) Provide advice to the Secretary and Deputy Secretary of Defense regarding all legal matters and services performed within, or involving, the Department of Defense.
(b) Provide legal advice to OSD organizations and, as appropriate, other DoD Components.
(c) Oversee, as appropriate, legal services performed within the Department of Defense, including determining the adherence by attorneys in the Department of Defense to appropriate professional standards.
(d) Coordinate on appeals from denials of requests under the Freedom of Information Act, as appropriate.
(e) Provide advice on standards of conduct involving personnel of OSD and, as appropriate, other DoD Components.
(f) Develop the DoD Legislative Programs and coordinate DoD positions on legislation and Executive orders.
(g) Provide for the coordination of significant legal issues, including litigation involving the Department of Defense and other matters before the Department of Justice in which the Department of Defense has an interest.
(h) Establish DoD policy on general legal issues, determine the DoD position on specific legal problems, and resolve disagreements within the Department of Defense on such matters.
(i) Perform such functions relating to the DoD security program (including surveillance over DoD personnel security programs in accordance with DoD Directive 5145.3
(j) Act as lead counsel for the Department in all international negotiations conducted by OSD components.
(k) Maintain the central repository for all international agreements coordinated, negotiated, or concluded by DoD personnel.
(l) Serve as the Director, Defense Legal Services Agency (DLSA).
(m) Perform such other duties as the Secretary or Deputy Secretary of Defense may prescribe.
(a) In the performance of the above responsibilities and functions, the GC, DoD, shall:
(1) Exercise direction, authority, and control over the DLSA, consistent with DoD Directive 5145.4
(2) Coordinate actions and exchange information with other DoD organizations having collateral or related functions.
(3) Promote coordination, cooperation, and mutual understanding of matters pertaining to assigned functions within the Department of Defense and between the Department of Defense, other Government Agencies, and the public.
(4) Serve on boards, committees, and other groups concerned with matters pertaining to assigned functions and represent the Secretary of Defense on assigned functions outside the Department of Defense, including serving as the representative of the Secretary of Defense to the Department of Justice on all appropriate matters.
(5) Use existing facilities and services, whenever practicable, to achieve maximum efficiency and economy.
(b) All DoD Components shall coordinate with the GC, DoD, on matters related to the functions in § 394.3
The GC, DoD, is delegated authority to:
(a) Issue DoD Instructions, DoD publications, and one-time directive-type memoranda, consistent with DoD 5025.1-M,
(b) Obtain reports, information, advice, and assistance from other DoD Components, consistent with DoD Directive 7750.5,
(c) Communicate directly with the heads of the DoD Components. Communications to the Commanders of Unified and Specified Commands shall be coordinated through the CJCS.
(d) Communicate with other Government Agencies, representatives of the legislative branch, and members of the public, as appropriate, in carrying out assigned functions.
10 U.S.C. 133.
55 FR 2808, Jan. 29, 1990, unless otherwise noted.
This part, pursuant to the authority vested in the Secretary of Defense under title 10, United States Code, updates the Defense Legal Services Agency (DLSA) charter with functions, responsibilities, relationships, and authorities as outlined herein.
(a) The DLSA is established as a separate agency of the Department of Defense under the direction, authority, and control of the General Counsel of the Department of Defense (GC, DoD). It shall consist of a Director and such subordinate organizational elements as are established by the Director within resources assigned by the Secretary of Defense. It shall include the legal staffs assigned to the Defense Agencies and DoD Field Activities.
(b) Budgeting, management of ceiling spaces, personnel services, and other
(c) The GC, DoD, shall serve as the Director, DLSA.
The
(a) Organize, direct, and manage the DLSA and all resources assigned to the DLSA.
(b) Provide legal advice and services for the Defense Agencies, DoD Field Activities, and other assigned organizations.
(c) Provide technical support and assistance for development of the DoD Legislative Program.
(d) Coordinate DoD positions on legislation and Presidential Executive orders.
(e) Provide a centralized legislative document reference and distribution point for the Department of Defense, and maintain the Department's historical legislative files.
(f) Develop DoD policy for standards of conduct and administer the Standards of Conduct Program for the OSD and other assigned organizations.
(g) Administer the Defense Industrial Security Clearance Review Program.
(h) Perform such other duties as the Secretary or Deputy Secretary of Defense may prescribe.
(a) In performance of assigned responsibilities and functions, the Director, DLSA, shall:
(1) Coordinate actions and exchange information with other DoD organizations having collateral or related functions.
(2) Promote coordination, cooperation, and mutual understanding of matters pertaining to assigned functions within the Department of Defense and between the Department of Defense, other Government Agencies, and the public.
(3) Serve on boards, committees, and other groups concerned with matters pertaining to assigned functions, and represent the Secretary of Defense on assigned functions outside the Department of Defense.
(4) Use existing facilities and services, whenever practicable, to achieve maximum efficiency and economy.
(5) Provide professional supervision for DLSA attorneys serving in Defense Agencies, DoD Field Activities, and other organizations to which such attorneys are assigned. This includes, in consultation with the DoD Component head concerned, evaluation of their performance and/or other action that may be necessary based on professional performance.
(b) All DoD Components shall coordinate with the Director, DLSA, on matters related to the functions in § 395.4.
The Director, DLSA, is delegated authority to:
(a) Obtain reports, information, advice, and assistance from other DoD Components, consistent with DoD Directive 7750.5
(b) Communicate directly with the heads of the DoD Components. Communications to the Commanders of Unified and Specified Commands shall be coordinated through the Chairman, Joint Chiefs of Staff (CJCS).
(c) Communicate with other Government Agencies, representatives of the legislative branch, and members of the public, as appropriate, in carrying out assigned functions.
Pursuant to the authority vested in the Secretary of Defense, and subject to his direction, authority, and control, and in accordance with DoD policies, Directives, and Instructions, the Director, DLSA, or, in the absence of the Director, the person acting for the Director is hereby delegated authority, as required in the administration and operation of DLSA, to:
1. In accordance with 5 U.S.C. 7532, Executive Order 10450, as amended, and DoD Directive 5200.2:
a. Designate positions as “sensitive”;
b. Authorize, in case of an emergency, the appointment to a sensitive position, for a limited period of time, of a person for whom
c. Authorize the suspension, but not terminate the service, of an employee in the interest of national security.
2. Authorize and approve overtime work for civilian officers and employees in accordance with subchapter V, chapter 55, title 5, U.S.C., and applicable Civil Service Regulations.
3. Develop, establish, and maintain an active and continuing Records Management Program, pursuant to 44 U.S.C. 3102.
4. Authorize the publication of advertisements, notices, or proposals in newspapers, magazines, or other public periodicals, consistent with 44 U.S.C. 3702.
5. Comply with the policies and procedures prescribed in DoD 5025.1-M.
10 U.S.C. 113.
55 FR 5006, Feb. 13, 1990, unless otherwise noted.
This part establishes the position of DoD coordinator for Drug Enforcement Policy and Support, with responsibilities, functions, relationships, and authorities, as prescribed herein.
This part applies to the Office of the Secretary of Defense (OSD); the Military Departments; the Chairman, Joint Chiefs of Staff (CJCS); the Joint Staff; the Unified and Specified Commands; the Office of the Inspector General, Department of Defense (OIG, DoD); the Defense Agencies; and the DoD Field Activities (hereafter referred to collectively as “DoD Components”).
The
(a) Develop policies, conduct analysis, provide advice, make recommendations, and issue guidance on DoD drug contol plans and programs.
(b) Develop systems and standards for the administration and management of approved DoD drug control plans and programs.
(c) Promulgate plans, programs, actions, and taskings pertaining to the DoD drug control program consistent with the National Drug Control Strategy and DoD drug control policies and objectives.
(d) Review, evaluate, coordinate, and monitor DoD drug control plans and programs to ensure adherence to approved policies and standards.
(e) Promote coordination, cooperation, and mutual understanding within the Department of Defense, within Congress, and between the Department of Defense and other Federal Agencies, State and local governments, and the civilian community.
(f) Serve on boards, committees, and other groups pertaining to assigned functional areas and represent the Secretary of Defense on Drug control matters outside the Department.
(g) Serve as the DoD point of contact for the Office of the Director of National Drug Control Policy and other Federal and State agencies as appropriate.
(h) Participate in, and oversee and monitor planning, programming, and budgeting for the DoD counter-drug mission in coordination with OSD officials; the CJCS; and appropriate DoD Components.
(i) Coordinate and monitor DoD support of civilian drug-law enforcement.
(j) Coordinate and monitor interagency detection and monitoring of maritime and aerial transit of illegal drugs into the United States.
(k) Coordinate and monitor, in conjunction with the Assistant Secretary of Defense (Reserve Affairs) (ASD(RA)), National Guard support to State drug-law enforcement operations, and to the Department of Defense, as required.
(l) Coordinate and monitor, in conjunction with the Assistant Secretary of Defense (Command, Control, Communications and Intelligence)
(m) Execute such other responsibilities as the Secretary of Defense may prescribe.
(a) In the performance of assigned functions and responsibilities, the DoD Coordinator for Drug Enforcement Policy and Support shall:
(1) Coordinate and exchange information with other officials in the Department of Defense exercising collateral or related functions.
(2) Coordinate and exchange information with other appropriate Federal and State agencies having related functions.
(3) Use existing facilities and services of the Department of Defense or other Federal Agencies, whenever practicable, to avoid duplication and to achieve maximum efficiency and economy.
(b) Other OSD officials and heads of DoD Components shall coordinate with the DoD Coordinator for Drug Enforcement Policy and Support on all matters related to the functions in § 396.3.
The DoD Coordinator for Drug Enforcement Policy and Support is hereby delegated authority to:
(a) Issue DoD Instructions, DoD Publications, and one-time directive-type memoranda, consistent with DoD 5025.1-M that implement policies approved by the Secretary of Defense in the functions assigned to the DoD Coordinator for Drug Enforcement Policy and Support. Instructions to the Military Departments shall be issued through the Secretaries of those Departments or their designees. Instructions to Unified and Specified Commands shall be issued through the CJCS.
(b) Obtain reports, information, advice, and assistance, consistent with DoD Directive 7750.5, as necessary, in carrying out assigned functions.
(c) Communicate directly with the heads of DoD Components. Communications to Commanders of the Unified and Specified Commands shall be coordinated with, and transmitted through, the CJCS.
(d) Communicate with other Government Agencies, representatives of the legislative branch, and members of the public, as appropriate, in carrying out assigned functions.
10 U.S.C. 191-193.
54 FR 2101, Jan. 19, 1989, unless otherwise noted. Redesignated at 58 FR 39360, July 22, 1993.
Pursuant to authority vested in the Secretary of Defense under title 10, this part revises 32 CFR part 398 to update the responsibilities, functions, relationships, and authorities of the Defense Logistics Agency (DLA).
The DLA shall function as an integral element of the military logistics system of the Department of Defense to provide effective and efficient world-wide logistics support to the Military Departments and the Unified and Specified Commands under conditions of peace and war, as well as to other DoD Components, Federal Agencies, foreign governments, or international organizations, as assigned. This support shall include:
(a) The provision of material commodities and items of supply that have been determined, through the application of approved criteria, to be appropriate for integrated management by a single agency on behalf of all DoD
(b) The performance of logistics services directly associated with furnishing material commodities and items of supply (hereafter referred to as “Items”).
(c) The administration of Department-wide supply and logistics management systems, programs, and activities, as assigned, including the provision of technical assistance, support services, and information.
DLA is established as a Combat Support Agency of the Department of Defense under the overall supervision of the Under Secretary of Defense for Acquisition (USD(A)) and, with the exception of those responsibilities, functions and relationships assigned to the Chairman, Joint Chiefs of Staff (CJCS), by this part, is under the direction, authority, and control of the USD(A) pursuant to 32 CFR part 382. It shall consist of a Director and such subordinate organizational elements as are established by the Director or specifically assigned to the Agency by the Secretary of Defense.
(a) The
(1) Organize, direct, and manage the DLA and all assigned resources; procure assigned items; and administer, supervise, and control all programs, services, and items assigned to DLA.
(2) Provide staff advice and assistance on supply and logistics matters to the Office of the Secretary of Defense (OSD), the Military Departments, other DoD Components, and other designated organizations, as appropriate.
(3) Maintain a wholesale distribution system for assigned items and accomplish all material management functions required to ensure responsive support to the associated supply and logistics requirements determination, supply control, procurement, quality and reliability assurance, industrial responsiveness and mobilization planning, receipt, storage, inventory accountability and distribution control, transportation, repair, maintenance and manufacture, shelf-life control, provisioning, technical logistic data and information, engineering support, value engineering, standardization, reutilization and marketing, and other related supply and logistics management functions, as appropriate.
(4) Provide contract administration services in support of the Military Departments and other DoD Components, the National Aeronautics and Space Administration, and other designated Federal and State Agencies, foreign governments, and international organizations.
(5) Operate centralized management information and technical report data banks in DLA; oversee the management of contractor-operated DoD Information Analysis Centers in selected fields of science and technology; and provide scientific and technical information to DoD Components, individuals, businesses, educational institutions, government laboratories, government contractors, and others consistent with policy guidance provided by the Under Secretary of Defense for Research and Engineering.
(6) Perform systems analysis and design, procedural development, and maintenance for supply and service systems and other logistics matters assigned by the Secretary of Defense.
(7) Administer, manage, and operate the DoD-wide programs and systems listed in enclosure 1, and recommend periodic revisions to this list, as appropriate.
(8) Develop, monitor, and maintain effective supply relationships with the General Services Administration (GSA) in order to ensure the timely availability of GSA items required by DoD Components.
(9) Support the Commanders of Unified Commands, and through overseas elements of DLA, provide coordinated and responsive logistics support; develop policies; plans, and procedures; develop resources requirements; ensure security compliance by DLA personnel; and provide for the management and direction of DLA overseas activities.
(10) Perform such other functions as may be assigned by the Secretary of Defense or USD(A).
(b) The
(1) Provide guidance and direction to DLA on operational policies and procedures related to the development and operation of defense logistics programs and systems.
(2) Consult with the CJCS on such areas as critical logistics war fighting deficiencies and military requirements for defense acquisition programs.
(3) Obtain recommendations from the CJCS relative to DLA's contribution to war fighting readiness and sustainment of the Unified Commands.
(c) The
(1) Provide advice and recommendations to the USD(A) regarding the mission, functions, and responsibilities of DLA.
(2) Provide advice on matters pertaining to the policies, planning, design, maintenance, testing, and evaluation of logistics systems.
(3) Obtain advice and recommendations from the USD(A) and from the Director, DLA, on matters within the areas of responsibility assigned to DLA.
(4) Review DLA planning and programming documents, assess their responsiveness to operational requirements, and provide direction to the Director, DLA.
(5) Periodically submit (not less than every 2 years) to the Secretary of Defense a report with respect to DLA's responsiveness and readiness to support operating forces in the event of war or threat to national security and other recommendations that the Chairman deems appropriate.
(6) Provide for the participation of DLA in joint training exercises and assess performance.
(7) Provide tasking related to defense readiness to the Director, DLA.
(8) Develop and submit JCS logistics requirements and priorities to the Director, DLA.
(d) The
(1) Following approval from the Director, DLA, or the CJCS, and within the Commander's geographic area, direct DLA elements to ensure effective operations.
(2) In a major emergency, assume temporary operational control of all DLA elements in the Commander's area of responsibility, with notification immediately following to the CJCS, the appropriate operational commander, and the Director, DLA.
(e)
(1) Exercise such responsibilities and authorities pertinent to DLA elements as may be assigned or delegated to them by the Commander of their Unified Command.
(2) Provide for the physical security and administrative and logistic support of DLA elements as agreed to by DLA and Component Commands concerned under inter-Service support agreements.
(f) Within their areas of responsibility, the CJCS, the CINCs, the Secretaries of the Military Departments, and the heads of other DoD Components shall provide to the Director, DLA, support and logistical planning information, including information on funding shortfalls that impact the responsibilities and functions assigned to DLA.
The Director, DLA, is specifically delegated authority to:
(a) Meet the needs of the Military Departments and other authorized customers by conducting, directing, supervising, or controlling all procurement activities regarding property, supplies, and services assigned to DLA for procurement in accordance with applicable laws, DoD Regulations, the FAR and the DFARS. To the extent that any law or Executive order specifically limits the exercise of such authority to persons at the Secretarial level, such authority shall be exercised by the USD(A).
(b) Prescribe procedures, standards, and practices for the Department of Defense governing the execution of assigned responsibilities and functions.
(c) Obtain such reports, information, advice, and assistance from other DoD Components consistent with the policies and criteria of DoD Directive
(d) Establish new DLA facilities or recommend to the USD(A) the reassignment to DLA or use of existing facilities of the Military Departments by DLA, as deemed necessary for improved effectiveness and economy.
(e) Provide membership on the Defense Acquisition Regulatory Council (DAR Council), participate with the Secretaries of the Military Departments and Federal Agencies in developing and publishing the FAR and participate with the Secretaries of the Military Departments in developing and publishing the DFARS.
(f) Exercise the administrative authorities contained in the appendix B to this part.
(a) In performing assigned functions, the Director, DLA, shall:
(1) Have free and direct access to, and communicate with, all elements of the Department of Defense and other Executive Departments and Agencies, as necessary.
(2) Maintain appropriate liaison with other DoD Components, Agencies of the Executive branch, foreign governments, and international organizations for the exchange of information on programs and activities in the field of assigned responsibilities.
(3) Maintain close working relationships with weapon systems managers of the Military Departments to ensure integration of effort and exchange of technical programs and reference data.
(4) Use established facilities and services of the Department of Defense and other Federal Agencies, whenever practicable, to avoid duplication and to achieve an appropriate balance among modernization, readiness, sustain ability, efficiency, and economy.
(a) The Director shall be an active duty, commissioned officer of General or Flag rank, appointed by the Secretary of Defense based on the recommendation of the CJCS as approved by the USD(A).
(b) The Deputy Director shall be an active duty, commissioned officer of General or Flag rank, approved by the USD(A) based on the recommendation of the CJCS and Director, DLA.
(c) DLA shall be authorized such personnel, facilities, funds, and other administrative support as the Secretary of Defense deems necessary.
(d) The Military Departments shall assign military personnel to DLA in accordance with approved authorizations and procedures for assignment to joint duty.
(e) Programming, budgeting, funding, auditing, accounting, pricing, and reporting activities of DLA shall be in accordance with established DoD policy and procedures. DLA shall use appropriated funds to finance the operating costs of the Agency; a stock fund to finance all inventories procured for resale; a transaction fund to finance the purchase of needed stockpile materials; and, when appropriate, an industrial fund for financing industrial-commercial type operations.
The following DoD programs and/or systems or aspects of these programs and/or systems are assigned to DLA to administer, manage, and/or operate:
Pursuant to the authority vested in the Secretary of Defense, and subject to the direction, authority, and control of the Secretary of Defense, and in accordance with DoD Policies, Directives, and Instructions, the Director, DLA, or in the absence of the Director, the person acting for the Director, is hereby delegated authority as required in the administration and operation of DLA to:
1. Exercise the powers vested in the Secretary of Defense by 5 U.S.C. 301, 302(b), and 3101 pertaining to the employment, direction and general administration of DLA civilian personnel.
2. Fix rates of pay for wage-rate employees exempted from the Classification Act of 1949 by 5 U.S.C. 5102 on the basis of rates established under the Combined Federal Wage System. In fixing such rates, the Director, DLA, shall follow the wage schedule established by the DoD Wage Fixing Authority.
3. Establish advisory committees and employ part-time advisors as approved by the Secretary of Defense for the Performance of DLA functions pursuant to the provisions of 10 U.S.C. 173, 5 U.S.C. 3109(b), and the agreement between the Department of Defense and the Office of Personnel Management (OPM) on employment of experts and consultants, dated June 21, 1977.
4. Administer oaths of office incident to entrance into the Executive Branch of the Federal Government or any other oath required by law in connection with employment therein, in accordance with the provisions of 5 U.S.C. 2903, and designate in writing, as may be necessary, officers and employees of DLA to perform this function.
5. Establish a DLA Incentive Awards Board and pay cash awards to, and incur necessary expenses for the honorary recognition of, civilian employees of the Government whose suggestions, inventions, superior accomplishments, or other personal efforts, including special acts or services, benefit or affect DLA or its subordinate activities, in accordance with the provisions of 5 U.S.C. 4503 and OPM regulations.
6. In accordance with the provisions of 5 U.S.C. 7532; Executive Orders 10450, 12333, and 12356; and DoD Directive 5200.2, “DoD Personnel Security Program,” December 20, 1979:
a. Designate the security sensitivity of positions within DLA.
b. Authorize, in case of an emergency, the appointment of a person to a sensitive position in DLA for a limited period of time for whom a full field investigation or other appropriate investigation, including the National Agency Check, has not been completed.
c. Authorize the suspension, but not terminate the services of a DLA employee in the interest of national security.
d. Initiate investigations, issue personnel security clearances and, if necessary, in the interest of national security, suspend, revoke, or deny a security clearance for personnel assigned or detailed to, or employed by DLA. Any action to deny or revoke a security clearance shall be taken in accordance with procedures prescribed in DoD 5200.2-R, “DoD Personnel Security Program,” January 1987.
7. Act as agent for the collection and payment of employment taxes imposed by chapter 21 of the Internal Revenue Code of 1954, as amended; and, as such agent, make all determinations and certifications required or provided for under the Internal Revenue Code of 1954, as amended (26 U.S.C. 3122), and the Social Security Act, as amended (42 U.S.C. 405(p) (1) and (2)), with respect to DLA employees.
8. Authorize and approve overtime work for DLA civilian personnel in accordance with 5 U.S.C. chapter 55, subchapter V, and applicable OPM regulations.
9. Authorize and approve:
a. Travel for DLA civilian personnel in accordance with Joint Travel Regulations, Volume 2, “DoD Civilian Personnel.”
b. Temporary duty travel for military personnel assigned or detailed to DLA in accordance with Joint Travel Regulations, Volume 1, “Members of Uniformed Services.”
c. Invitational travel to persons serving without compensation whose consultative, advisory, or other highly specialized technical services are required in a capacity that is directly related to, or in connection with, DLA activities, pursuant to 5 U.S.C. 5703.
10. Approve the expenditure of funds available for travel by military personnel assigned or detailed to DLA for expenses regarding attendance at meetings of technical, scientific, professional, or other similar organizations in such instances when the approval of the Secretary of Defense, or designee, is required by law (37 U.S.C. 412 and 5 U.S.C. 4110 and 4111). This authority cannot be redelegated.
11. Develop, establish, and maintain an active and continuing Records Management Program, pursuant to 44 U.S.C. 3102 and DoD Directive 5015.2, “Records Management Program,” September 17, 1980.
12. Establish and use imprest funds for making small purchases of material and services, other than personal services, for DLA when it is determined more advantageous and consistent with the best interests of the Government, in accordance with DoD Instruction 5100.71, “Delegation of Authority and Regulations Relating to Cash Held at Personal Risk Including Imprest Funds,” March 5, 1973.
13. Authorize the publication of advertisements, notices, or proposals in newspapers, magazines, or other public periodicals as required for the effective administration and operation of DLA, consistent with 44 U.S.C. 3702.
14. Establish and maintain appropriate property accounts for DLA and appoint Boards of Survey, approve reports of survey, relieve personal liability, and drop accountability for DLA property contained in the authorized property accounts that has been lost, damaged, stolen, destroyed, or otherwise rendered unserviceable, in accordance with applicable laws and regulations.
15. Promulgate the necessary security regulations for the protection of property and places under the jurisdiction of the Director, DLA, pursuant to DoD Directive 5200.8, “Security of Military Installations and Resources,” July 29, 1980.
16. Establish and maintain, for the functions assigned, a publications system for the promulgation of common supply and service regulations, instructions, and reference documents, and changes thereto, pursuant to the policies and procedures prescribed in DoD 5025.1-M, “Department of Defense Directives System Procedures,” April 1981.
17. Enter into support and service agreements with the Military Departments, other DoD Components, Government Agencies, and foreign governments, as required for the effective performance of DLA functions and responsibilities.
18. Exercise the authority delegated to the Secretary of Defense by the Administrator of the General Services Administration (GSA) on the disposal of surplus personal property.
19. Exercise the authority and responsibility of the Secretary of Defense as delegated to the Director, DLA, for the National Industrial Equipment Reserve established by the National Industrial Equipment Reserve Act of 1948, as amended (50 U.S.C. 451
20. Designate an officer or employee of DLA to serve as the Competition Advocate of the Agency, pursuant to 10 U.S.C. 2318.
21. Maintain an official seal and attest to the authenticity of official DLA records under that seal.
The Director, DLA, may redelegate these authorities as appropriate, and in writing, except as otherwise specifically indicated above or as otherwise provided by law or regulation.
10 U.S.C. 191-193.
55 FR 52169, Dec. 20, 1990, unless otherwise noted. Redesignated at 58 FR 39360, July 22, 1993.
Under the authority vested in the Secretary of Defense by title 10, United States Code, this part updates the responsibilities, functions, relationships, and authorities of the Defense Mapping Agency (DMA).
The DMA shall provide support to the Office of the Secretary of Defense (OSD); the Military Departments; the Chairman, Joint Chiefs of Staff and Joint Staff; the Unified and Specified Commands; and the Defense Agencies (hereafter referred to collectively as “DoD Components”) and other Federal Government Departments and Agencies on matters concerning mapping, charting, and geodesy (MC&G).
The DMA is established as a Combat Support Agency of the Department of Defense and shall be under the direction, authority, and control of the Assistant Secretary of Defense for Command, Control, Communications, and Intelligence (ASD(C3I)). It shall consist of a Director and such subordinate organizational elements as are established by the Director within resources authorized by the Secretary of Defense.
The Director, Defense Mapping Agency (DMA), shall:
(a) Organize, direct, and manage the DMA and all assigned resources.
(b) Ensure responsive MC&G support to DoD Components.
(c) Serve as Program Manager and coordinator of DoD MC&G resources and activities, to include reviewing the execution of DoD plans, programs, and policies for MC&G activities not assigned to the DMA.
(d) Provide staff advice and assistance on MC&G matters to all DoD Components and other Federal Government Agencies, as appropriate.
(e) Develop MC&G guidance for the Department of Defense, review DoD Component programs and fiscal documents related to MC&G matters, and recommend appropriate actions to the ASD(C3I).
(f) In support of the CJCS, review and validate the MC&G requirements and priorities of the DoD Components and other Federal Government Agencies, and develop and submit to the ASD(C3I) a consolidated statement of MC&G production requirements and priorities in accordance with the National Military Strategy Document.
(g) Prepare, coordinate, and issue standards for MC&G products in accordance with DoD 4120.3-M,
(h) Develop policies and provide DoD participation in national and international MC&G activities, in coordination with appropriate DoD officials, and execute DoD responsibilities under interagency and international MC&G agreements.
(i) Establish and/or consolidate DoD MC&G data collection requirements and collect or task other DoD Components to collect and provide necessary data.
(j) Develop a DoD MC&G research, development, test, and evaluate (RDT&E) requirements plan, in coordination with appropriate DoD officials, and, as appropriate, task DoD Components or private contractors to satisfy the requirements.
(k) Carry out the statutory responsibilities assigned to the Department of Defense under chapter 167 of 10 U.S.C. for providing nautical charts and marine navigation data for the use of all vessels of the United States and of navigators generally, and the responsibilities assigned under chapter 13 of 44 U.S.C. for printing notices to mariners and other publications.
(l) Establish and maintain a Joint Manpower Program that will be reviewed annually by the CJCS under JCS MOP 173
(m) Provide technical guidance to all DoD components to ensure standardization and interoperability of systems requiring MC&G support.
(n) Advise the Defense Acquisition Board on MC&G issues, as appropriate, through the ASD(C3I).
(o) Serve as the primary DoD action office for all purchases of Land Remote Sensing Satellite (LANDSAT) and Systems Probatoire d'Observation de la Terra (SPOT) remote sensing data by the Military Departments and Defense Agencies.
(p) Assist in unique MC&G product definition and development.
(q) Perform such other functions as may be assigned by the ASD(C3I).
(a) In performing assigned functions, the Director, DMA, shall:
(1) Subject to the direction, authority, and control of the ASD(C3I), be responsible to the CJCS for operational matters as well as requirements associated with the joint planning process. For these purposes, the CJCS is authorized to communicate directly with the Director, DMA, and may task the Director, DMA, to the extent authorized by the ASD(C3I).
(2) Maintain appropriate liaison with other DoD Components and other Agencies of the Executive branch for the exchange of information on programs and activities in the field of assigned responsibilities.
(3) Make use of established facilities and services in the Department of Defense or other governmental agencies, whenever practicable, to achieve maximum efficiency and economy.
(4) Ensure that the Secretary of Defense, the Secretaries of the Military Departments, the CJCS, and the heads of other DoD Components are kept fully informed concerning DMA activities with which they have substantive concern.
(b) The Secretaries of the Military Departments, Commanders of Unified and Specified Commands, and Heads of Other DoD Components shall:
(1) Use DMA standard products unless an exception is authorized by the ASD(C3I).
(2) Develop and submit to the DMA their MC&G requirements and priorities in accordance with the National Military Strategy Document.
(3) Provide support, within their respective fields of responsibilities, to the Director, DMA, as required, to carry out the responsibilities and functions assigned to the DMA.
(4) Assess the responsiveness of the DMA to their operational, developmental, and training needs.
(5) Obtain DMA technical assistance for systems that require MC&G products and services.
(6) Submit all requirements and provide funding to the DMA for LANDSAT and SPOT remote sensing data.
(7) Submit all requirements and provide funding to the DMA for unique MC&G products.
(8) Coordinate with the Director, DMA, on all programs and activities that include or are related to MC&G.
(c) The Chairman, Joint Chiefs of Staff (CJCS), shall:
(1) Review DMA planning and programming documents, and assess their responsiveness to operational, developmental, and training requirements.
(2) Periodically (not less than every 2 years), submit to the Secretary of Defense a report on DMA's responsiveness and readiness to support operating forces in the event of war or threat to national security, and other recommendations as appropriate.
(3) Advise the Secretary of Defense on MC&G requirements and priorities.
(4) Develop and issue jointly with the ASD(C3I) guidance to the DMA and the Unified and Specified Commands that will serve as the basis for interrelationships between these organizations.
(5) Provide for the participation of the DMA in joint training exercises and monitor performance.
The Director, DMA, is specifically delegated authority to:
(a) Task and issue necessary instructions and guidance to DoD Components directly to accomplish the MC&G RDT&E and data collection requirements established by the DMA.
(b) Communicate directly with heads of DoD Components and other Executive Departments and Agencies, as necessary, in carrying out assigned responsibilities and functions. Communications to the Commanders in Chief of the Unified and Specified Commands shall be coordinated with the CJCS.
(c) Obtain reports, information, advice, and assistance, consistent with DoD Directive 7750.5
(d) Establish facilities necessary to accomplish the DMA mission in the most efficient and economical manner.
(e) Exercise the administrative authorities contained in the appendix to this part.
(a) The Director and Deputy Director, DMA, shall be appointed by the Secretary of Defense.
(b) The DMA shall be authorized such personnel, facilities, funds, and other administrative support as the Secretary of Defense deems necessary.
(c) The Military Departments shall assign military personnel to the DMA in accordance with approved authorizations and procedures for assignment to joint duty. The CJCS shall review and provide recommendations on the DMA joint manpower program to the ASD(C3I), as appropriate, for those functions where DMA is responsive to the CJCS.
Pursuant to the authority vested in the Secretary of Defense, and subject to the direction, authority, and control of the Secretary of Defense, and in accordance with DoD policies, Directives, and Instructions, the Director, DMA, or in the absence of the Director, the person acting for the Director, is hereby delegated authority as required in the administration and operation of the DMA to:
1. Exercise the powers vested in the Secretary of Defense by 5 U.S.C. 301, 302(b), and 3101 pertaining to the employment, direction, and general administration of DMA civilian personnel.
2. Fix rates of pay for wage-rate employees exempted from the Classification Act of 1949 by 5 U.S.C. 5102 on the basis of rates established under the Coordinated Federal Wage System. In fixing such rates, the Director, DMA, shall follow the wage schedule established by the DoD Wage Fixing Authority.
3. Establish advisory committees and employ part-time advisors, as approved by the Secretary of Defense, for the performance of DMA functions consistent with the 10 U.S.C. 173, 5 U.S.C. 3109(b), DoD Directive 5105.4,
4. Administer oaths of office to those entering the Executive branch of the Federal Government or any other oath required by law in connection with employment therein, in accordance with 5 U.S.C. 2903, and designate in writing, as may be necessary, officers and employees of the DMA to perform this function.
5. Establish a DMA Incentive Awards Board and pay cash awards to, and incur necessary expenses for the honorary recognition of, civilian employees of the Government whose suggestions, inventions, superior accomplishments, or other personal efforts, including special acts or services, benefit or affect the DMA or its subordinate activities, in accordance with 5 U.S.C. 4503 and applicable OPM regulations.
6. In accordance with 5 U.S.C. 7532; Executive Orders 10450, 12333, and 12356; and DoD Directive 5200.2,
a. Designate any position in the DMA as a “sensitive” position.
b. Authorize, in case of an emergency, the appointment of a person to a sensitive position in the DMA for a limited period of time for whom a full field investigation or other appropriate investigation, including the National Agency Check, has not been completed.
c. Authorize the suspension, but not terminate the services, of an employee in the interest of national security in positions within the DMA.
d. Initiate investigations, issue personnel security clearances and, if necessary, in the interest of national security, suspend, revoke, or deny a security clearance for personnel assigned or detailed to, or employed by the DMA. Any action to deny or revoke a security clearance shall be taken in accordance with procedures prescribed in DoD 5200.2-R,
7. Act as agent for the collection and payment of employment taxes imposed by chapter 21 of the Internal Revenue Code of 1954, as amended; and, as such agent, make all determinations and certifications required or provided for under section 3122 of the Internal Revenue Code of 1954, as amended, and section 205(p)(1) and (2) of the Social Security Act, as amended (42 U.S.C. 405(p)(1) and (2)) and with respect to DMA employees.
8. Authorize and approve overtime work for DMA civilian officers and employees in accordance with 5 U.S.C. chapter 55, subchapter V, and applicable OPM regulations.
9. Authorize and approve:
a. Temporary duty travel for military personnel assigned or detailed to the DMA in accordance with Joint Travel Regulations, Volume 1,
b. Travel for DMA civilian officers and employees in accordance with Joint Travel Regulations, Volume 2,
c. Invitational travel to persons serving without compensation whose consultative, advisory, or other highly specialized technical services are required in a capacity that is directly related to, or in connection with, DMA activities, pursuant to 5 U.S.C. 5703.
10. Approve the expenditure of funds available for travel by military personnel assigned or detailed to the DMA for expenses
11. Develop, establish, and maintain an active and continuing Records Management Program pursuant to section 506(b) of the Federal Records Act of 1950 (44 U.S.C. 3102).
12. Establish and use imprest funds for making small purchases of material and services, other than personal services, for the DMA, when it is determined more advantageous and consistent with the best interests of the Government, in accordance with DoD Directive 7360.10,
13. Authorize the publication of advertisements, notices, or proposals in newspapers, magazines, or other public periodicals as required for the effective administration and operation of the DMA consistent with 44 U.S.C. 3702.
14. Establish and maintain appropriate property accounts for the DMA, and appoint Boards of Survey, approve reports of survey, relieve personal liability, and drop accountability for DMA property contained in the authorized property accounts that has been lost, damaged, stolen, destroyed, or otherwise rendered unserviceable, in accordance with applicable laws and regulations.
15. Promulgate the necessary security regulations for the protection of property and places under the jurisdiction of the Director, DMA, pursuant to DoD Directive 5200.8,
16. Establish and maintain, for the functions assigned, an appropriate publications system for the promulgation of common supply and service regulations, instructions, and reference documents, and changes thereto, pursuant to the policies and procedures prescribed in DoD 5025.1-M,
17. Enter into support and service agreements with the Military Departments, other DoD components, or other Government Agencies, as required for the effective performance of DMA functions and responsibilities.
18. Exercise the authority delegated to the Secretary of Defense by the Administrator of the General Services Administration (GSA) for the disposal of surplus personal property.
19. Enter into and administer contracts, directly or through a Military Department, DoD contract administration services component, or other Government Department or Agency, as appropriate, for supplies, equipment, and services required to accomplish the mission of the DMA. To the extent that any law or Executive order specifically limits the exercise of such authority to persons at the Secretarial level, such authority shall be exercised by the appropriate Under Secretary or Assistant Secretary of Defense.
20. Sell maps, charts, and related products to the public as governed by OMB Circular A-25 and 10 U.S.C. 2794.
21. Authorize the release of classified DoD MC&G products to foreign nationals within DoD disclosure policies.
22. Lease property under the control of the DMA, under terms that will promote the national defense or that will be in the public interest, pursuant to 10 U.S.C. 2667.
23. Execute responsibilities of 10 U.S.C. 2795 relating to international agreements.
The Director, DMA, may redelegate these authorities, as appropriate, and in writing, except as otherwise specifically indicated above or as otherwise provided by law or regulation.
These delegations of authority are effective December 6, 1990.