(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 5010.381. ac (5) Ensure all personnel assigned to a DSA under their authority are counted for as OSD Management Headquarters Support personnel, in accordance with DoD Directive 5100.732. (6) Be the approval authority for reallocations between personnel and nonpersonnel 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. (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-M3. (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. APPENDIX A TO PART 376-LIST OF DEPARTMENT OF DEFENSE SUPPORT 377.1 Reissuance and purpose. 377.2 Applicability. 377.3 Organization and management. 377.4 Functions. 377.5 Responsibilities. 377.6 Relationships. APPENDIX A TO PART 377-DELEGATIONS OF AUTHORITY AUTHORITY: 10 U.S.C. chapter 4. SOURCE: 52 FR 41993, Nov. 2, 1987, unless otherwise noted. Redesignated at 58 FR 39360, July 22, 1993. $377.1 Reissuance and purpose. 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. $377.2 Applicability. 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"). $377.3 Organization and management. (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 Institute; 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 administrative support as the Secretary of Defense deems necessary. (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. 8377.4 Functions. 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 5200.271. (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 5160.542. (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 5220.303. (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 in 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 §377.4(b). 3 See footnote 1 to §377.4(b). (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. (1) 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. [52 FR 41993, Nov. 2, 1987. Redesignated and amended at 58 FR 39360, July 22, 1993] (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. circumstances, (6) Under normal refer alleged criminal activity by DIS personnel to the Office of the Assistant Inspector General for Investigations (OAIG-INV), DoD who shall make referral to the Department of Justice (DOJ). If the OAIG-INV or DoJ decline investigative jurisdiction, the Director shall assign DIS personnel to conduct an investigation and determine appropriate administrative action to be taken. (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 Classification 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 5000.194 as may be necessary for the performance of assigned functions and responsibilities. (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 Heads of DoD Components shall cooperate with and assist the Director, DIS, by providing access to information within their respective fields as required for the D1S to carry out functions assigned by this part. (c) The Secretaries of the Military Departments shall ensure that the overseas military investigative agencies provide prompt responses to DIS personnel security lead requests in order 4 See footnote 1 to §377.4(b). 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 parttime 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 190-117 D-00--35 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 D1S 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 automated data processing resources are conducted in accordance with DoD Directive |