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(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 ОЕА.

(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 U.S.C.A. 3102 (Supp. 1978).

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(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 the Secretarial level of a Military Department, such authority will be exercised by the appropriate Under Sec

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(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.

§ 366.4 Functions.

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 prepositioning 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 5000.4.1

(d) Provide support to the Planning, Programming, and Budgeting System, especially the program review and execution review phases.

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matters related to the functions in §366.4.

$366.6 Authorities.

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 7750.5,2 as necessary.

(c) Communicate directly with heads of DoD Components. Communications to the Commanders of the Unified and Specified Commands shall coordianted with the CJCS.

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(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.

PART 367-ASSISTANT SECRETARY OF DEFENSE FOR HEALTH AFFAIRS

Sec.

367.1 Purpose.

367.2 Applicability.

367.3 Responsibilities and functions. 367.4 Relationships.

367.5 Authorities.

AUTHORITY: 10 U.S.C. 113 and 138.

SOURCE: 59 FR 29952, June 10, 1994, unless otherwise noted.

$367.1 Purpose.

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,

2 See footnote 1 to $366.4(c).

and authorities of the ASD(HA), as prescribed herein.

$367.2 Applicability.

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").

§ 367.3 Responsibilities and functions.

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.

§ 367.4 Relationships.

(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 in

tegrated 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.

§ 367.5 Authorities.

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-M1, that implement policy ap proved by the Secretary of Defense in assigned fields of responsibility. Instructions to the Military Departments shall be issued through the Secretaries of those Departments. Instructions to Unified Combatant Commands shall be communicated through the Chairman of the Joint Chiefs of Staff.

(b) Obtain reports, information, advice, and assistance, consistent with DoD Directive 8910.12 as necessary to carry out assigned functions.

1 Copies may be obtained, at cost, from the National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161. 2 See footnote 1 to $367.5(a).

(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 1332.183.

(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.

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Appropriations Act, 1991," November 5,

1990.

§ 367a.2 Definitions.

(a) Academic Affairs. Faculty appointments, promotions and organization, awarding of degrees, curriculum design and implementation, academic requirements for admission and graduation, and related matters vital to the academic well-being of the USUHS.

(b) DoD Components. 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 of the Department of Defense, the Defense Agencies, and the DoD Field Activities.

(c) Uniformed Services. The Army, Navy, Air Force, Marine Corps, Coast Guard, Commissioned Corps of the U.S. Public Health Service, and the Commissioned Corps of the National Oceanic and Atmospheric Administration. § 367a.3 Mission and scope.

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.

§ 367a.4 Policy.

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

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