otherwise be published in the FEDERAL REGISTER. (1) In order to be eligible for incorporation by reference, the matter must be in the nature of published data, criteria, standards, specifications, techniques, illustrations, or other published information reasonably available to members of class affected thereby. (2) Incorporation by reference is not acceptable as a complete substitute for promulgating in full text material required to be published by 5 U.S.C. 552. (3) Incorporation by reference is acceptable as a means of avoiding unnecessary repetition within the promulgated document of published information already reasonably available to the class affected. Examples include: (i) Construction standards promulgated by a professional association or architects, engineers, or builders. (ii) Code of ethics promulgated by professional organizations. (iii) Forms and formats publicly or privately published and readily available to the persons required to use them. (d) It is incumbent upon each component to review all information of the type described in paragraph (b) of this section, to insure that it is published on an up-to-date basis in the FEDERAL REGISTER, including every amendment revision, or repeal. No member of the general public can be required to resort to, or be adversely affected by, any material not published as required by the foregoing provisions of § 336.5 unless he has actual and timely notice of the content of that material. [40 FR 4911, Feb. 3, 1975. Redesignated at 41 FR 27074, July 1, 1976, and further redesignated and amended at 56 FR 64482, Dec. 10, 1991] $336.6 Petitions. Each component shall accord any interested person the right to petition for the issuance, amendment, or repeal of a regulation that originates or would originate, for the Department of Defense or that component, a policy, requirement, or procedure coming within the scope of §336.4. Any such petition shall be given full and prompt consideration by the component charged with the responsibility for issuing such a regulation. The petitioner shall be advised in writing of the disposition, and the reason for the disposition, of any written petition for the issuance, amendment, or repeal of a regulation. The official responsibility for disposition of the petition may at his absolute discretion, grant the petitioner a right to appear for the purpose of supporting his petition if this is compatible with the orderly conduct of public business. [40 FR 4911, Feb. 3, 1975. Redesignated at 41 FR 27074, July 1, 1976, and further redesignated and amended at 56 FR 64482, Dec. 10, 1991] §337.1 Ordering DoD Directives, DoD Instructions, and Changes. DoD Directives, DoD Instructions, and changes published in Chapter 2 Number Index section of DoD 5025.1-I, "DoD Directives System Annual Index" (except those issuances identified as classified) are available to the public and Government Agencies, at cost, from the National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161, telephone 703-487-4650. [55 FR 27225, July 2, 1990. Redesignated and amended at 56 FR 64482, Dec. 10, 1991] § 337.2 §337.2 Ordering DoD Publications. DoD publications and changes published in Chapter 3-Publications section of DoD 5025.1-1, "DoD Directives System Annual Index" are available from the various sources that are identified in the Availability Column. Addresses for forwarding written requests to the various sources are listed at the beginning of chapter 3. A fee will be charged for DoD Publications ordered from the National Technical Information Service. [56 FR 64482, Dec. 10, 1991] PART 338-AVAILABILITY TO THE PUBLIC OF DEFENSE NUCLEAR AGENCY (DNA) INSTRUCTIONS AND CHANGES THERETO AUTHORITY: 10 U.S.C. 133, 5 U.S.C. 552. §338.1 Ordering DNA issuances. (a) The DNA issuances published in the DNA indexes are published under the following subject groups: 1000-Manpower, Personnel and Reserve 2000-International Programs 3000-Intelligence 4000-Logistics and Resources Management 5000 General Administration 6000-Health and Medical 7000 Comptrollership DNA Instruction 5025.80, Index to Administrative Publications AFRRI Instruction 5025.26N, Index to AFRRI Publications FC, DNA Instruction 5025.8B, Index to FC, DNA Administrative Instruction (b) Copies of DNA indexes and instructions may be ordered by telephone or letter. The commercial telephone number is (703) 325-7095. Include personal or company name, street address or post office box, city, state, country (if applicable) and zip code when submitting requests. Submit written requests to: Defense Nuclear Agency, Public Affairs Office, Washington, DC 20305-1000. (c) This service is provided to the public and to federal agencies other than the Department of Defense. DNA does not charge for requests for an index and one instruction; however, fees for larger orders are determined on a case-by-case basis. [51 FR 41300, Nov. 14, 1986. Redesignated at 56 FR 64482, Dec. 10, 1991] SUBCHAPTER R-ORGANIZATIONAL CHARTERS PART 342-DEPARTMENT OF DEFENSE CIVILIAN PERSONNEL MANAGEMENT SERVICE Sec. 342.1 Purpose. 342.2 Mission. 342.3 Organization and management. 342.4 Responsibilities and functions. 342.5 Relationships. 342.6 Authorities. 342.7 Administration. APPENDIX A TO PART 342-DELEGATIONS OF AUTHORITY AUTHORITY: 10 U.S.C. 301. SOURCE: 58 FR 48307, Sept. 15, 1993, unless otherwise noted. $342.1 Purpose. (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”). $342.2 Mission. The CPMS shall provide civilian personnel policy support, functional information management, and civilian personnel administrative services to the DoD Components and their activities. $342.3 Organization and management. 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 au establishes, within the resources thorized by the Secretary of Defense. $342.4 Responsibilities and functions. (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 5120.391; DoD Directive 5120.422; DoD Directive 5010.313; DoD Directive 1400.204; and DoD Directive 1430.145. (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. $342.5 Relationships. (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 1 Copies may be obtained, at cost, from the National Technical Information Services, 5285 Port Royal Road, Springfield, VA 22161. 2 See footnote 1 to §342.4(a)(5). 3 See footnote 1 to §342.4(a)(5). 4 See footnote 1 to §342.4(a)(5). 5 See footnote 1 to §342.4(a)(5). other Government Agencies, whenever (3) Consult and coordinate with other (b) All DoD Components shall coordinate with the Director, CPMS, as appropriate, on matters affecting the operation of the CPMS. §342.6 Authorities. 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 8910.16, as deemed necessary. (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). $342.7 Administration. (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 4000.196. 6 See footnote 1 to §342.4(a)(5). APPENDIX A TO PART 342-DELEGATIONS 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 5105.41 and the agreement between the Department of Defense and the Office of Personnel Management (OPM) on employment of experts and consultants, June 21, 1977. 2. In accordance with 5 U.S.C. 7532; E.0. 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 5200.22; as appropriate: 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-R3. 3. Authorize and approve: 1 Copies may be obtained, at cost, from the National Technical Information Services, 5285 Port Royal Road, Springfield, VA 22161. 2 See footnote 1 to section 1. of this appendix. 3 See footnote 1 to section 1. of this appendix. 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 5015.24. 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 7360.105. 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-M6. 9. Enter into support and service agreements with the Military Departments, other 4 See footnote 1 to section 1. of this appendix. 5 See footnote 1 to section 1. of this appendix. 6 See footnote 1 to section 1. of this appendix. 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. |