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. $391.3 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. 32 CFR Ch. 1 (7-1-00 Edition) (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. (1) Perform such other duties as the Secretary or Deputy Secretary of Defense may prescribe. $391.4 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 § 391.3. §391.5 Authorities. The DA&M is hereby delegated authority to: (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. (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. 8391.6 Effective date. This part is effective May 24, 1988. PART 392-DIRECTOR OF SMALL 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. $392.3 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 (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. $392.4 Functions. 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. 32 CFR Ch. 1 (7-1-00 Edition) §392.5 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. $392.6 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 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. (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 5145.31 and DoD Directive 05205.7,2 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. §394.4 Relationships. (a) In the performance of the above responsibilities and functions, the GC, DoD, shall: 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 control over the DLSA, consistent with DoD Directive 5145.43. (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 §394.5 Authorities. The GC, DoD, is delegated authority to: 4 (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 GC, DOD. 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 from other DoD Components, consistent with DoD Directive 7750.5,5 to carry out assigned functions and responsibilities. (c) Communicate directly with the heads of the DoD Components. Communications to the Commanders of Uni 3 See footnote 1 to §394.3(i). 4 See footnote 1 to § 394.3(1). 5 See footnote 1 to §394.3(i). $395.2 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. $395.3 Organization and management. (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 |