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(ASD(C31)), DoD intelligence and communications support of drug-law enforcement operations.

(m) Execute such other responsibilities as the Secretary of Defense may prescribe.

§396.4 Relationships.

(a) In the performance of assigned functions and responsibilities, the DoD Coordinator for Drug Enforcement Policy and Support shall:

(1) Coordinate and exchange information with other officials in the Department of Defense exercising collateral or related functions.

(2) Coordinate and exchange information with other appropriate Federal and State agencies having related functions.

(3) Use existing facilities and services of the Department of Defense or other Federal Agencies, whenever practicable, to avoid duplication and to achieve maximum efficiency and economy.

(b) Other OSD officials and heads of DoD Components shall coordinate with the DoD Coordinator for Drug Enforcement Policy and Support on all matters related to the functions in § 396.3.

$396.5 Authorities.

The DoD Coordinator for Drug Enforcement Policy and Support 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 DoD Coordinator for Drug Enforcement Policy and Support. 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 CJCS.

(b) Obtain reports, information, advice, and assistance, consistent with DoD Directive 7750.5, as necessary, in carrying out assigned functions.

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

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The DLA shall function as an integral element of the military logistics system of the Department of Defense to provide effective and efficient worldwide logistics support to the Military Departments and the Unified and Specified Commands under conditions of peace and war, as well as to other DoD Components, Federal Agencies, foreign governments, or international organizations, as assigned. This support shall include:

(a) The provision of material commodities and items of supply that have been determined, through the application of approved criteria, to be appropriate for integrated management by a single agency on behalf of all DoD

Components, of that has been otherwise specifically assigned by appropriate authority.

(b) The performance of logistics services directly associated with furnishing material commodities and items of supply (hereafter referred to as "Items").

(c) The administration of Department-wide supply and logistics management systems, programs, and activities, as assigned, including the provision of technical assistance, support services, and information.

§ 398.3 Organization and management.

DLA is established as a Combat Support Agency of the Department of Defense under the overall supervision of the Under Secretary of Defense for Acquisition (USD(A)) and, with the exception of those responsibilities, functions and relationships assigned to the Chairman, Joint Chiefs of Staff (CJCS), by this part, is under the direction, authority, and control of the USD(A) pursuant to 32 CFR part 382. It shall consist of a Director and such subordinate organizational elements as are established by the Director or specifically assigned to the Agency by the Secretary of Defense.

$398.4 Responsibilities and functions.

(a) The Director, Agency (DLA) shall:

Defense Logistics

(1) Organize, direct, and manage the DLA and all assigned resources; procure assigned items; and administer, supervise, and control all programs, services, and items assigned to DLA.

(2) Provide staff advice and assistance on supply and logistics matters to the Office of the Secretary of Defense (OSD), the Military Departments, other DoD Components, and other designated organizations, as appropriate.

(3) Maintain a wholesale distribution system for assigned items and accomplish all material management functions required to ensure responsive support to the associated supply and logistics requirements determination, supply control, procurement, quality and reliability assurance, industrial responsiveness and mobilization planning, receipt, storage, inventory accountability and distribution control, transportation, repair, maintenance

and manufacture, shelf-life control, provisioning, technical logistic data and information, engineering support, value engineering, standardization, reutilization and marketing, and other related supply and logistics management functions, as appropriate.

(4) Provide contract administration services in support of the Military Departments and other DoD Components, the National Aeronautics and Space Administration, and other designated Federal and State Agencies, foreign governments, and international organizations.

(5) Operate centralized management information and technical report data banks in DLA; oversee the management of contractor-operated DoD Information Analysis Centers in selected fields of science and technology; and provide scientific and technical information to DoD Components, individuals, businesses, educational institutions, government laboratories, government contractors, and others consistent with policy guidance provided by the Under Secretary of Defense for Research and Engineering.

(6) Perform systems analysis and design, procedural development, and maintenance for supply and service systems and other logistics matters assigned by the Secretary of Defense.

(7) Administer, manage, and operate the DoD-wide programs and systems listed in enclosure 1, and recommend periodic revisions to this list, as appropriate.

(8) Develop, monitor, and maintain effective supply relationships with the General Services Administration (GSA) in order to ensure the timely availability of GSA items required by DoD Components.

(9) Support the Commanders of Unified Commands, and through overseas elements of DLA, provide coordinated and responsive logistics support; develop policies; plans, and procedures; develop resources requirements; ensure security compliance by DLA personnel; and provide for the management and direction of DLA overseas activities.

(10) Perform such other functions as may be assigned by the Secretary of Defense or USD(A).

(b) The Under Secretary of Defense (Acquisition) (USD(A)) shall:

(1) Provide guidance and direction to
DLA on operational policies and proce-
dures related to the development and
operation of defense logistics programs
and systems.

(2) Consult with the CJCS on such
areas as critical logistics war fighting
deficiencies and military requirements
for defense acquisition programs.

(3) Obtain recommendations from the
CJCS relative to DLA's contribution to
war fighting readiness and sustainment
of the Unified Commands.

(c) The Chairman, Joint Chiefs of Staff
(CJCS), under the authority and direc-
tion of the Secretary of Defense, shall:
(1) Provide advice and recommenda-
tions to the USD(A) regarding the mis-
sion, functions, and responsibilities of
DLA.

(2) Provide advice on matters per-
taining to the policies, planning, de-
sign, maintenance, testing, and evalua-
tion of logistics systems.

(3) Obtain advice and recommenda-
tions from the USD(A) and from the
Director, DLA, on matters within the
areas of responsibility assigned to
DLA.

(4) Review DLA planning and pro-
gramming documents, assess their re-
sponsiveness to operational require-
ments, and provide direction to the Di-
rector, DLA.

(5) Periodically submit (not less than
every 2 years) to the Secretary of De-
fense a report with respect to DLA's re-
sponsiveness and readiness to support
operating forces in the event of war or
threat to national security and other
recommendations that the Chairman
deems appropriate.

(6) Provide for the participation of
DLA in joint training exercises and as-
sess performance.

(7) Provide tasking related to defense
readiness to the Director, DLA.

(8) Develop and submit JCS logistics
requirements and priorities to the Di-
rector, DLA.

(d) The Commander of a Unified Com-
mand is authorized to, and as appro-
priate shall:

(1) Following approval from the Di-
rector, DLA, or the CJCS, and within
the Commander's geographic area, di-
rect DLA elements to ensure effective
operations.

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The Director, DLA, is specifically
delegated authority to:

(a) Meet the needs of the Military De-
partments and other authorized cus-
tomers by conducting, directing, super-
vising, or controlling all procurement
activities regarding property, supplies,
and services assigned to DLA for pro-
curement in accordance with applica-
ble laws, DoD Regulations, the FAR
and the DFARS. To the extent that
any law or Executive order specifically
limits the exercise of such authority to
persons at the Secretarial level, such
authority shall be exercised by the
USD(A).

(b) Prescribe procedures, standards,
and practices for the Department of
Defense governing the execution of as-
signed responsibilities and functions.

(c) Obtain such reports, information,
advice, and assistance from other DoD
Components consistent with the poli-
cies and criteria of DoD Directive

7750.51 as may be necessary for the performance of assigned functions and responsibilities.

(d) Establish new DLA facilities or recommend to the USD(A) the reassignment to DLA or use of existing facilities of the Military Departments by DLA, as deemed necessary for improved effectiveness and economy.

(e) Provide membership on the Defense Acquisition Regulatory Council (DAR Council), participate with the Secretaries of the Military Departments and Federal Agencies in developing and publishing the FAR and participate with the Secretaries of the Military Departments in developing and publishing the DFARS.

(f) Exercise the administrative authorities contained in the appendix B to this part.

[54 FR 2101, Jan. 19, 1989. Redesignated and amended at 58 FR 39360, July 22, 1993]

$398.6 Relationships.

(a) In performing assigned functions, the Director, DLA, shall:

(1) Have free and direct access to, and communicate with, all elements of the Department of Defense and other Executive Departments and Agencies, as necessary.

(2) Maintain appropriate liaison with other DoD Components, Agencies of the Executive branch, foreign governments, and international organizations for the exchange of information on programs and activities in the field of assigned responsibilities.

(3) Maintain close working relationships with weapon systems managers of the Military Departments to ensure integration of effort and exchange of technical programs and reference data.

(4) Use established facilities and services of the Department of Defense and other Federal Agencies, whenever practicable, to avoid duplication and to achieve an appropriate balance among modernization, readiness, sustain ability, efficiency, and economy.

§398.7 Administration.

(a) The Director shall be an active duty, commissioned officer of General

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

or Flag rank, appointed by the Secretary of Defense based on the recommendation of the CJCS as approved by the USD(A).

(b) The Deputy Director shall be an active duty, commissioned officer of General or Flag rank, approved by the USD(A) based on the recommendation of the CJCS and Director, DLA.

(c) DLA shall be authorized such personnel, facilities, funds, and other administrative support as the Secretary of Defense deems necessary.

(d) The Military Departments shall assign military personnel to DLA in accordance with approved authorizations and procedures for assignment to joint duty.

(e) Programming, budgeting, funding, auditing, accounting, pricing, and reporting activities of DLA shall be in accordance with established DoD policy and procedures. DLA shall use appropriated funds to finance the operating costs of the Agency; a stock fund to finance all inventories procured for resale; a transaction fund to finance the purchase of needed stockpile materials; and, when appropriate, an industrial fund for financing industrial-commercial type operations.

APPENDIX A TO PART 398—ASSIGNED

DOD PROGRAMS AND/OR SYSTEMS

The following DoD programs and/or systems or aspects of these programs and/or systems are assigned to DLA to administer, manage, and/or operate:

• DoD Coordinated Procurement • Federal Catalog System

• DoD Industrial Plant Equipment

• Operating Military Parts Control Advisory Groups for Standardization of Parts at the System Equipment Design Stage

• Defense Automatic Addressing System • Defense Precious Metals Recovery

• Assigned Aspects of DoD Food Service Management

• Defense Procurement Management Review

• Defense Energy Information System

• Centralized Referral System

• Overseas Employment Referral

• Automation Resources Management System

• Depot Maintenance and Maintenance Support Cost Accounting and Production Reporting and Information System

• DoD Shelf-life Item Management

• DoD Scientific and Technical Information

• DoD Information Analysis Center

• DoD Hazardous Materials Information System

• Hazardous Material Technology Development

• DoD-wide Interchangeability and/or Substitutability

• Dod Personal Property Utilization and Disposal

• DoD Industrial Resources Management

• Integrated Material Manager for Bulk Petroleum

• DoD Specification Standardization
• National Defense Stockpile Program

APPENDIX B TO PART 398-DELEGATIONS OF AUTHORITY

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 Director, DLA, or in the absence of the Director, the person acting for the Director, is hereby delegated authority as required in the administration and operation of DLA to: 1. Exercise the powers vested in the Secretary of Defense by 5 U.S.C. 301, 302(b), and 3101 pertaining to the employment, direction and general administration of DLA civilian personnel.

2. Fix rates of pay for wage-rate employees exempted from the Classification Act of 1949 by 5 U.S.C. 5102 on the basis of rates established under the Combined Federal Wage System. In fixing such rates, the Director, DLA, shall follow the wage schedule established by the DoD Wage Fixing Authority.

3. Establish advisory committees and employ part-time advisors as approved by the Secretary of Defense for the Performance of DLA functions pursuant to the provisions of 10 U.S.C. 173, 5 U.S.C. 3109(b), and the agreement between the Department of Defense and the Office of Personnel Management (OPM) on employment of experts and consultants, dated June 21, 1977.

4. Administer oaths of office incident to entrance into the Executive Branch of the Federal Government or any other oath required by law in connection with employment therein, in accordance with the provisions of 5 U.S.C. 2903, and designate in writing, as may be necessary, officers and employees of DLA to perform this function.

5. Establish a DLA Incentive Awards Board and pay cash awards to, and incur necessary 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 DLA or its subordinate activities, in accordance with the provisions of 5 U.S.C. 4503 and OPM regulations.

6. In accordance with the provisions of 5 U.S.C. 7532; Executive Orders 10450, 12333, and 12356; and DoD Directive 5200.2, "DoD Per

sonnel Security Program," December 20, 1979:

a. Designate the security sensitivity of positions within DLA.

b. Authorize, in case of an emergency, the appointment of a person to a sensitive position in DLA 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, but not terminate the services of a DLA 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 or detailed to, or employed by DLA. Any action to deny or revoke a security clearance shall be taken in accordance with procedures prescribed in DoD 5200.2-R, "DoD Personnel Security Program," January 1987.

7. Act as agent for the collection and payment of employment taxes imposed by chapter 21 of the Internal Revenue Code of 1954, as amended; and, as such agent, make all determinations and certifications required or provided for under the Internal Revenue Code of 1954, as amended (26 U.S.C. 3122), and the Social Security Act, as amended (42 U.S.C. 405(p) (1) and (2)), with respect to DLA employees.

8. Authorize and approve overtime work for DLA civilian personnel in accordance with 5 U.S.C. chapter 55, subchapter V, and applicable OPM regulations.

9. Authorize and approve:

a. Travel for DLA civilian personnel in accordance with Joint Travel Regulations, Volume 2, "DoD Civilian Personnel."

b. Temporary duty travel for military personnel assigned or detailed to DLA in accordance with Joint Travel Regulations, Volume 1, "Members of Uniformed Services."

c. Invitational travel to persons serving without compensation whose consultative, advisory, or other highly specialized technical services are required in a capacity that is directly related to, or in connection with, DLA activities, pursuant to 5 U.S.C. 5703.

10. Approve the expenditure of funds available for travel by military personnel assigned or detailed to DLA for expenses regarding attendance at meetings of technical, scientific, professional, or other similar organizations in such instances when the approval of the Secretary of Defense, or designee, is required by law (37 U.S.C. 412 and 5 U.S.C. 4110 and 4111). This authority cannot be redelegated.

11. Develop, establish, and maintain an active and continuing Records Management Program, pursuant to 44 U.S.C. 3102 and DoD Directive 5015.2, "Records Management Program," September 17, 1980.

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