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administrative support for DLSA personnel shall be the responsibility of the Defense Agency or Field Activity to which those personnel are assigned.

(c) The GC, DoD, shall serve as the Director, DLSA.

$395.4 Functions and responsibilities. The Director, Defense Legal Services Agency (DLSA), shall:

(a) Organize, direct, and manage the DLSA and all resources assigned to the DLSA.

(b) Provide legal advice and services for the Defense Agencies, DoD Field Activities, and other assigned organizations.

(c) Provide technical support and assistance for development of the DoD Legislative Program.

(d) Coordinate DoD positions on legislation and Presidential Executive orders.

(e) Provide a centralized legislative document reference and distribution point for the Department of Defense, and maintain the Department's historical legislative files.

(f) Develop DoD policy for standards of conduct and administer the Standards of Conduct Program for the OSD and other assigned organizations.

(g) Administer the Defense Industrial Security Clearance Review Program. (h) Perform such other duties as the Secretary or Deputy Secretary of Defense may prescribe.

$395.5 Relationships.

(a) In performance of assigned responsibilities and functions, the Director, DLSA, shall:

(1) Coordinate actions and exchange information with other DoD organizations having collateral or related functions.

(2) 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.

(3) 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.

(4) Use existing facilities and services, whenever practicable, to achieve maximum efficiency and economy.

(5) Provide professional supervision for DLSA attorneys serving in Defense Agencies, DoD Field Activities, and other organizations to which such attorneys are assigned. This includes, in consultation with the DoD Component head concerned, evaluation of their performance and/or other action that may be necessary based on professional performance.

(b) All DoD Components shall coordinate with the Director, DLSA, on matters related to the functions in §395.4.

$395.6 Authorities.

The Director, DLSA, is delegated authority to:

(a) Obtain reports, information, advice, and assistance from other DoD Components, consistent with DoD Directive 7750.51 to carry out assigned functions and responsibilities, as necessary.

(b) Communicate directly with the heads of the DoD Components. Communications to the Commanders of Unified and Specified Commands shall be coordinated through the Chairman, Joint Chiefs of Staff (CJCS).

(c) Communicate with other Government Agencies, representatives of the legislative branch, and members of the public, as appropriate, in carrying out assigned functions.

APPENDIX TO PART 395-DELEGATIONS OF AUTHORITY

Pursuant to the authority vested in the Secretary of Defense, and subject to his direction, authority, and control, and in accordance with DoD policies, Directives, and Instructions, the Director, DLSA, 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 DLSA, to:

1. In accordance with 5 U.S.C. 7532, Executive Order 10450, as amended, and DoD Directive 5200.2: 2

a. Designate positions as "sensitive";

b. Authorize, in case of an emergency, the appointment to a sensitive position, for a limited period of time, of a person for whom

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 $395.6(a).

a full field investigation or other appropriate investigation, including the National Agency Check, has not been completed; and

c. Authorize the suspension, but not terminate the service, of an employee in the interest of national security.

2. Authorize and approve overtime work for civilian officers and employees in accordance with subchapter V, chapter 55, title 5, U.S.C., and applicable Civil Service Regulations.

3. Develop, establish, and maintain an active and continuing Records Management Program, pursuant to 44 U.S.C. 3102.

4. Authorize the publication of advertisements, notices, or proposals in newspapers, magazines, or other public periodicals, consistent with 44 U.S.C. 3702.

5. Comply with the policies and procedures prescribed in DoD 5025.1-M.3

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This part establishes the position of DoD coordinator for Drug Enforcement Policy and Support, with responsibilities, functions, relationships, and authorities, as prescribed herein.

$396.2 Applicability.

This part applies to the Office of the Secretary of Defense (OSD); the Military Departments; the Chairman, Joint Chiefs of Staff (CJCS); the Joint Staff; the Unified and Specified Commands; the Office of the Inspector General, Department of Defense (OIG, DoD); the Defense Agencies; and the DoD Field Activities (hereafter referred to collectively as "DoD Components").

§ 396.3 Responsibilities and functions.

The DoD Coordinator for Drug Enforcement Policy and Support, as the principal staff assistant and advisor to the Secretary of Defense for drug control

3 See footnote 1 to §395.6(a).

policy, requirements, priorities, systems, resources, and programs, shall:

(a) Develop policies, conduct analysis, provide advice, make recommendations, and issue guidance on DoD drug contol plans and programs.

(b) Develop systems and standards for the administration and management of approved DoD drug control plans and programs.

(c) Promulgate plans, programs, actions, and taskings pertaining to the DoD drug control program consistent with the National Drug Control Strategy and DoD drug control policies and objectives.

(d) Review, evaluate, coordinate, and monitor DoD drug control plans and programs to ensure adherence to approved policies and standards.

(e) Promote coordination, cooperation, and mutual understanding within the Department of Defense, within Congress, and between the Department of Defense and other Federal Agencies, State and local governments, and the civilian community.

(f) Serve on boards, committees, and other groups pertaining to assigned functional areas and represent the Secretary of Defense on Drug control matters outside the Department.

(g) Serve as the DoD point of contact for the Office of the Director of National Drug Control Policy and other Federal and State agencies as appropriate.

(h) Participate in, and oversee and monitor planning, programming, and budgeting for the DoD counter-drug mission in coordination with OSD officials; the CJCS; and appropriate DoD Components.

(i) Coordinate and monitor DoD support of civilian drug-law enforcement. (j) Coordinate and monitor interagency detection and monitoring of maritime and aerial transit of illegal drugs into the United States.

(k) Coordinate and monitor, in conjunction with the Assistant Secretary of Defense (Reserve Affairs) (ASD(RA)), National Guard support to State druglaw enforcement operations, and to the Department of Defense, as required.

(1) Coordinate and monitor, in conjunction with the Assistant Secretary of Defense (Command, Control, Communications and Intelligence)

(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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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, Defense Logistics Agency (DLA) shall:

(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

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