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PART 391-DIRECTOR OF ADMINIS

TRATION AND MANAGEMENT

Sec.
391.1 Purpose.
391.2 Definition.
391.3 Responsibilities and functions.
391.4 Relationships.
391.5 Authorities.
391.6 Effective date.

AUTHORITY: U.S.C. 113.

SOURCE: 53 FR 22649, June 17, 1988, unless otherwise noted. 8391.1 Purpose.

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. 8391.2 Definition.

DoD Components. The Office of the Secretary of Defense (OSD), the Military Departments, the Organizaiton of the Joint Chiefs of Staff (OJCS), the Unified and Specified Commands, the Office of the Inspector General of the Department of Defense, the Defense Agencies, and the DoD Field Activities. 8391.3 Responsibilities and functions.

The Director of Administration and Management shall serve as the principal staff assistant and advisor to the Secretary and Deputy Secretary of Defense on DoD-wide organizational and administrative management matters. In this capacity the DA&M shall:

(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.

(1) 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.

(1) Perform such other duties as the Secretary or Deputy Secretary of Defense may prescribe.

8391.4 Relationships.

(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 8391.3.

8391.5 Authorities.

The DA&M is hereby delegated authority to:

8392.1 Purpose.

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.

(a) Issue DoD Instructions and onetime 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.

(1) 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.

8392.2 Definition.

DoD Components. The Office of the Secretary of Defense (OSD), the Military Departments, the Joint Chiefs of Staff (JCS), the Joint Staff, the Uni-. fied and Specified Commands, the Defense Agencies, and the DoD Field Activities.

8391.6 Effective date.

This part is effective May 24, 1988.

8392.3 Responsibilities.

The Director of Small and Disadvantaged Business Utilization shall serve as the principal staff assistant and advisor to the USD(A) for ensuring that a fair share of goods and services procured by the Department of Defense is acquired from small, small disadvantaged, and women-owned small businesses. In this capacity, the Director, SADBU, shall:

(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

PART 392-DIRECTOR OF SMALL

AND DISADVANTAGED BUSINESS UTILIZATION

Sec.
392.1 Purpose.
392.2 Definition
392.3 Responsibilities.
392.4 Functions.
392.5 Relationships.
392.6 Authorities.

AUTHORITY: 10 U.S.C. 133

SOURCE: 54 FR 13381, Apr. 3, 1989, unless otherwise noted.

(PPBS) and the Defense Acquisition System, and in development of the Federal Acquisition Regulation (FAR) and the Defense Federal Acquisition Regulation Supplement (DFARS).

(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.

8392.5 Relationships.

(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.

8992.6 Authorities.

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 ap proved 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

8892.4 Functions.

The Director, SADBU, shall carry out the responsibilities in 8392.3 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

versities 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

(1) Blind and Other Severely Handicapped Program.

(8) 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.

(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.

(1) 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.

PART 394–GENERAL COUNSEL OF

THE DEPARTMENT OF DEFENSE

Sec.
394.1 Purpose.
394.2 Definition.
394.3 Responsibilities and functions.
394.4 Relationships.
394.5 Authorities.

AUTHORITY: 10 U.S.C. 137.

SOURCE: 55 FR 2807, Jan. 29, 1990, unless otherwise noted.

8394.1 Purpose.

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.

(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.

(8) 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 5145.31 and DoD Directive o 5205.7,2 as the Secretary or Deputy Secretary of Defense may assign.

(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.

(1) Serve as the Director, Defense Legal Services Agency (DLSA).

(m) Perform such other duties as the Secretary or Deputy Secretary of Defense may prescribe. 8394.4 Relationships.

(a) In the performance of the above responsibilities and functions, the GC, DOD, shall:

8394.2 Definition.

DoD components. The Office of the Secretary of Defense (OSD), the Military Departments, the Joint Chiefs of Staff (JCS), the 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.

8394.3 Responsibilities and functions.

The General Counsel, Department of Defense (GC, DoD), is the chief legal officer of the Department of Defense and, as such, shall:

(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.

1 Copies may be obtained, at cost, from the National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161.

2 For official use only.

(1) Exercise direction, authority, and fied and Specified Commands shall be control over the DLSA, consistent with coordinated through the CJCS. DoD Directive 5145.43.

(d) Communicate with other Govern(2) Coordinate actions and exchange ment Agencies, representatives of the information with other DoD organiza- legislative branch, and members of the tions having collateral or related func- public, as appropriate, in carrying out tions.

assigned functions. (3) Promote coordination, cooperation, and mutual understanding of PART 395—DEFENSE LEGAL matters pertaining to assigned func

SERVICES AGENCY tions within the Department of Defense and between the Department of De

Sec. fense, other Government Agencies, and

395.1 Purpose. the public.

395.2 Definition. (4) Serve on boards, committees, and 395.3 Organization and management. other groups concerned with matters

395.4 Functions and responsibilities. pertaining to assigned functions and 395.5 Relationships. represent the Secretary of Defense on 395.6 Authorities. assigned functions outside the Depart

APPENDIX TO PART 395—DELEGATIONS OF AUment of Defense, including serving as

THORITY the representative of the Secretary of AUTHORITY: 10 U.S.C. 133. Defense to the Department of Justice

SOURCE: 55 FR 2808, Jan. 29, 1990, unless on all appropriate matters.

otherwise noted. (5) Use existing facilities and services, whenever practicable, to achieve 8396.1 Purpose. maximum efficiency and economy.

This part, pursuant to the authority (b) All DoD Components shall coordi

vested in the Secretary of Defense nate with the GC, DOD, on matters re

under title 10, United States Code, uplated to the functions in 8 394.3

dates the Defense Legal Services Agen

cy (DLSA) charter with functions, re8384.5 Authorities.

sponsibilities, relationships, and auThe GC, DOD, is delegated authority thorities as outlined herein. to: (a) Issue DoD Instructions, DoD pub

8395.2 Definition. lications, and one-time directive-type DoD Components. The Office of the memoranda, consistent with DoD Secretary of Defense (OSD), the Mili5025.1-M, 4 that implement policies ap- tary Departments, the Joint Chiefs of proved by the Secretary of Defense in Staff (JCS), the Joint Staff, the Unithe functions assigned to the GC, DOD. fied and Specified Commands, the InInstructions to the Military Depart- spector General of the Department of ments shall be issued through the Sec- Defense (IG, DoD), the Defense Agenretaries of those Departments or their cies, and the DoD Field Activities. designees. Instructions to Unified and Specified Commands shall be issued 8395.3 Organization and management. through the Chairman, Joint Chiefs of

(a) The DLSA is established as a sepStaff (CJCS).

arate agency of the Department of De(b) Obtain reports, information, ad- fense under the direction, authority, vice, and assistance from other DoD and control of the General Counsel of Components, consistent with DoD Di- the Department of Defense (GC, DoD). rective 7750.5,5 to carry out assigned It shall consist of a Director and such functions and responsibilities.

subordinate organizational elements as (c) Communicate directly with the are established by the Director within heads of the DoD Components. Commu- resources assigned by the Secretary of nications to the Commanders of Uni- Defense. It shall include the legal

staffs assigned to the Defense Agencies 3 See footnote 1 to 8394.3(i).

and DoD Field Activities. 4 See footnote 1 to $394.3(i).

(b) Budgeting, management of ceiling 5 See footnote 1 to $394.3(i).

spaces, personnel services, and other

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