Title 32--NATIONAL DEFENSE
Chapter I--OFFICE OF THE SECRETARY OF DEFENSE


Authorization Act for Fiscal Year 1993'' and Public Law 103-160, ``National Defense Authorization Act for Fiscal Year 1994,'' authorizes the Secretary of Defense to...


a statutory requirement may be waived for all programs participating in the Defense Acquisition Pilot Program, or separately for each participating program, if that waiver...


or administrative rule or guideline relating to the acquisition activities of the Department of Defense other than the Federal Acquisition Regulation (FAR) \1\, the...


Pilot Program. The Under Secretary of Defense for Acquisition and Technology shall determine which specific programs will participate in the pilot program and...


low risk. Nomination of a candidate program to participate in the Defense Acquisition Pilot Program should occur as early in the program's life-cycle as possible....


Act for Fiscal Year 1994, Public Law 103- 160, 107 Stat. 1547, as amended, and have a significant impact on the public. Section 845 authorizes the Secretary of a...


authority to enter into transactions other than contracts, grants or cooperative agreements. ``Other transactions'' are generally not subject to the Federal laws and...


the Defense Agencies, and any other official designated by the Secretary of Defense to enter into transactions other than contracts, grants or cooperative agreements for...


or defense agency as its POC for prototype OTs. Agreements Officer. An individual with the authority to enter into, administer, or terminate OTs for prototype projects...


(a) At least one nontraditional Defense contractor is participating to a significant extent in the prototype project; or (b) No nontraditional Defense contractor is participating to...


a significant extent in the prototype project and cost-sharing is the reason for using OT authority, then the non-Federal amounts counted as provided, or to be provided,...


prototype projects awarded under authority of 10 U.S.C. 2371, that provide for total government payments in excess of $5,000,000 to allow Comptroller General access to...


access to awardee and subawardee records on OT agreements for prototype projects. This access is separate and distinct from Comptroller General access. (1)...


under the United States Constitution, Article II, section 2 and Military Order of November 13, 2001, ``Detention, Treatment, and Trial of Certain Non-Citizens...


Order, the Secretary of Defense or a designee (``Appointing Authority'') may issue orders from time to time appointing one or more military commissions to try...


part (``Commission'') shall have jurisdiction over only an individual or individuals (``the Accused''): (1) Subject to the President's Military Order; and (2)...


shall appoint the members and the alternate member or members of each Commission. The alternate member or members shall attend all sessions of the Commission, but the...


respect to the Accused: (a) The Prosecution shall furnish to the Accused, sufficiently in advance of trial to prepare a defense, a copy of the charges in English and,...


The Prosecution shall prepare charges for approval by the Appointing Authority, as provided in Sec. 9.4(b)(2)(i). (2) Referral to the Commission. The...


shall, subject to approval of the General Counsel of the Department of Defense if the Appointing Authority is not the Secretary of Defense, publish such...


authority of the President as Commander in Chief of the Armed Forces or the power of the President to grant reprieves and pardons. Nothing in this part shall affect the...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR9.9] [Page 29] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 9--PROCEDURES FOR TRIALS BY MILITARY COMMISSIONS OF CERTAIN NON-UNITED STATES CITIZENS IN THE WAR AGAINST TERROISM--Table of Contents Sec. 9.9 Protection of State secrets. Nothing in this part shall be construed to authorize disclosure of state secrets to any person not authorized to receive them. ...


or privilege, substantive or procedural, enforceable by any party, against the United States, its departments, agencies, or other entities, its officers or employees, or...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR9.11] [Page 30] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 9--PROCEDURES FOR TRIALS BY MILITARY COMMISSIONS OF CERTAIN NON-UNITED STATES CITIZENS IN THE WAR AGAINST TERROISM--Table of Contents Sec. 9.11 Amendment. The Secretary of Defense may amend this part from time to time. ...


assistance under section 5 of the President's Military Order is delegated to the General Counsel of the Department of Defense. The Executive Secretary of the Department...


and Military Order of November 13, 2001, ``Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism,'' (3 CFR, 2001 comp., p. 918, 66...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR10.2] [Page 30] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 10--MILITARY COMMISION INSTRUCTIONS--Table of Contents Sec. 10.2 Authority. This part is issued pursuant to 32 CFR 9.7(a) and in accordance with 10 U.S.C. 113(d) and 140(b). ...


the Office of the Secretary of Defense, the Military Departments, the Chairman and Vice Chairman of the Joint Chiefs of Staff and the Joint Staff, the Combatant Commands,...


Counsel). Each Instruction will issue over the signature of the General Counsel and, unless otherwise specified therein, shall take effect upon the signature of...


Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism.'' Nothing in these Military Commission Instructions applies with respect to the trial...


substantive or procedural, enforceable by any party, against the United States, its departments, agencies, or other entities, its officers or employees, or any...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR10.7] [Page 31] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 10--MILITARY COMMISION INSTRUCTIONS--Table of Contents Sec. 10.7 Reservation of authority. Neither this part nor any Military Commission Instruction issued hereafter shall be construed to limit, impair, or otherwise affect any authority granted by the Constitution or laws of the United States or Department of Defense regulation or directive. ...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR10.8] [Page 31] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 10--MILITARY COMMISION INSTRUCTIONS--Table of Contents Sec. 10.8 Amendment. The General Counsel may issue, supplement, amend, or revoke any Military Commission Instruction at any time. ...


32 CFR part 9, and Military Order of November 13, 2001, ``Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism,'' (3 CFR, 2001 comp., p. 918,...


and Trial of Certain Non-Citizens in the War Against Terrorism,'' (66 FR 57833) and 10 U.S.C. 113(d), 140(b), and 821. The provisions of 32 CFR part 10...


to 32 CFR part 9, and Military Order of November 13, 2001, ``Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism,'' the jurisdiction...


a crime must be performed with general intent. This intent is not listed as a separate element. When the mens rea required for culpability to attach involves an intent that...


``belligerent privilege'' for the lawful conduct of hostilities during armed conflict. (b) Enemy. ``Enemy'' includes any entity with which the United States or allied...


``belligerent privilege'' for the lawful conduct of hostilities during armed conflict. (b) Enemy. ``Enemy'' includes any entity with which the United States or allied...
...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR12.1] [Page 42] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 12--RESPONSIBILITIES OF THE CHIEF PROSECUTOR, PROSECUTORS, AND ASSISTANT PROSECUTORS--Table of Contents Sec. 12.1 Purpose. This part establishes the responsibilities of the Office of the Chief Prosecutor and components thereof. ...


November 13, 2001, ``Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism,'' (3 CFR, 2001 comp., p. 918, 66 FR 57833) and 10 U.S.C. 113(d) and...


the Office of Military Commissions and shall be comprised of the Chief Prosecutor, Prosecutors, and other persons properly under the supervision of the Chief Prosecutor. ...


duties specified or implied in 32 CFR part 9 as responsibilities of the Prosecution. (b) Administrative duties. The Prosecution shall, as directed by the...


the Office of the Chief Prosecutor shall be deemed unavailable for service as Defense Counsel under 32 CFR 9.4(c)(3)(i). (b) Prohibition on certain disclosures. All Prosecutors...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR13.1] [Page 44] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 13--RESPONSIBILITIES OF THE CHIEF DEFENSE COUNSEL, DETAILED DEFENSE COUNSEL, AND CIVILIAN DEFENSE COUNSEL--Table of Contents Sec. 13.1 Purpose. This part establishes the responsibilities of the Office of Chief Defense Counsel and components thereof. ...


Order of November 13, 2001, ``Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism,'' (3 CFR, 2001 comp., p. 918, 66 FR 57833) and 10...


Counsel shall be a component of the Office of Military Commissions and shall be comprised of the Chief Defense Counsel, Defense Counsel, and other such persons properly...


all duties specified or implied in 32 CFR part 9 as responsibilities of the Defense. (b) Special duties. The Office of the Chief Defense Counsel shall perform...


agreements with any detainee other than his client, or such detainee's Defense Counsel, that might cause him or the client he represents to incur an obligation of...


in 32 CFR 9.4 (c)(3)(ii) in accordance with Military Order of November 13, 2001, ``Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism,''...


Trial of Certain Non-Citizens in the War Against Terrorism,'' and 10 U.S.C. 113(d) and 140(b). The provisions of 32 CFR part 10 are applicable to...


represent Accused before military commissions at no expense to the United States if, at the time of application, they meet the eligibility criteria set forth in 32...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR15.1] [Page 52] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 15--REPORTING RELATIONSHIPS FOR MILITARY COMMISSION PERSONNEL--Table of Contents Sec. 15.1 Purpose. This part establishes supervisory and performance evaluation relationships for military commission personnel. ...


Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism,'' (3 CFR 2001 Comp., p. 918, 66 FR 57833) and 10 U.S.C. 113(d) and 140(b). The provisions of...


designated or employed in a capacity related to the conduct of military commission proceedings conducted in accordance with 32 CFR part 9 and Military Order of...


guilty is entered for an offense referred for trial by a military commission appointed pursuant to 32 CFR part 9 and Military Order of November 13, 2001, ``Detention, Treatment,...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR16.2] [Page 53] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 16--SENTENCING--Table of Contents Sec. 16.2 Authority. This part is issued pursuant to 32 CFR 9.7(a) and in accordance with Military Order of November 13, 2001, ``Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism,'' and 10 U.S.C. 113(d) and 140(b). The provisions of 32 CFR part 10 are applicable to this part. ...


death, so long as the prerequisites detailed in 32 CFR part 9 are met. Detention associated with an individual's status as an enemy combatant shall not be considered...


should normally proceed expeditiously. In the discretion of the Presiding Officer, as limited by the Appointing Authority, reasonable delay between the announcement...


to 32 CFR part 9 and Military Order of November 13, 2001, ``Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism,'' (3 CFR 2001 Comp., p....


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR17.2] [Page 54] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 17--ADMINISTRATIVE PROCEDURES--Table of Contents Sec. 17.2 Authority. This part is issued pursuant to 32 CFR 9.7(a) and in accordance with Military Order of November 13, 2001, ``Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism,'' and 10 U.S.C. 113(d) and 140(b). The provisions of 32 CFR part 10 are applicable to this part. ...


shall appoint at least three but no more than seven members and one or two alternate members. The Appointing Authority may remove members and alternate members for...


the course of a trial by military commission. In accordance with 32 CFR 9.4(a)(5)(iv), however, the Presiding Officer shall certify all interlocutory questions,...


of a full and fair trial by military commission in accordance [[Page 56]] with 32 CFR part 9. Such functions include, for example, scheduling the...


the Defense shall provide to opposing counsel, at least one week prior to the scheduled convening of a military commission, copies of all information intended...


DoD Grant and Agreement Regulations (DoDGARs), are to: (a) Provide general information about the DoDGARs. (b) Set forth general policies and procedures related to...


the Defense Grant and Agreement Regulatory System (DGARS). The directive authorized publication of policies and procedures comprising the DGARS in the DoD Grant...


Applicability to grants and cooperative agreements. The DoD Grant and Agreement Regulations (DoDGARs) apply to all DoD grants and cooperative agreements. [[Page 58]] ...


awards or administers grants and cooperative agreements, or his or her designee: (a) Is responsible for ensuring compliance with the DoDGARs within that DoD Component. ...


I, subchapter B, title 32 of the Code of Federal Regulations (CFR) and in a separate loose-leaf edition. The loose-leaf edition is divided into parts, subparts, and...


authorize individual deviations from the DoDGARs, which are deviations that affect only one grant or cooperative agreement, if such deviations are not prohibited by...


barter) of property or services for the direct benefit or use of the United States Government (see more detailed definition at 48 CFR 2.101). In accordance with 31 U.S.C....


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR21.200] [Page 60] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 21--DoD GRANTS AND AGREEMENTS--GENERAL MATTERS--Table of Contents Subpart B--Authorities and Responsibilities Sec. 21.200 Purpose. This subpart describes the sources and flow of authority to use grants and cooperative agreements, and assigns the broad responsibilities associated with DoD Components' use of such instruments. ...


seq., DoD Components shall use grants and cooperative agreements as legal instruments reflecting assistance relationships between the United States Government and...


awarding grants and cooperative agreements is vested in the Head of each DoD Component that has such authority. (b) The Head of each such DoD Component, or his or...


his or her designee (see 32 CFR 21.210(b)), the HCA is responsible for the grants and cooperative agreements made by or assigned to that activity. He or she shall supervise...


sign grants or cooperative agreements, or to administer or terminate such legal instruments on behalf of the Department of Defense. Grants officers may bind the Government...


This subpart prescribes policies and procedures for compiling and reporting data related to grants, cooperative agreements, and other nonprocurement instruments subject...


Awards Data System. (a) Purposes of the system. Data from the Defense Assistance Awards Data System (DAADS) are used to provide: (1) DoD inputs to meet...


Federal Domestic Assistance. (a) Purpose and scope of the reporting requirement. (1) Under the Federal Program Information Act (31 U.S.C. 6101 et seq.), as...


agreements numbering system. DoD Components shall assign identifying numbers to all nonprocurement instruments subject to this subpart, including grants...


grants officers' and DoD Components' responsibilities related to the award and administration of grants and cooperative agreements. (b) In doing so, it also...


in this part are defined in 32 CFR 21.130. Administrative offset. An action whereby money payable by the United States Government to, or held by the Government for,...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR22.200] [Page 67] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 22--DoD GRANTS AND AGREEMENTS--AWARD AND ADMINISTRATION--Table of Contents Subpart B--Selecting the Appropriate Instrument Sec. 22.200 Purpose. This subpart provides the bases for determining the appropriate type of instrument in a given situation. ...


grant or cooperative agreement, the grants officer shall make a positive judgment that an assistance instrument, rather than a procurement contract, is the appropriate...


or cooperative agreement may be used, the grants officer must: (1) Identify the program statute, the statute that authorizes the DoD Component to carry out the activity...


a grants officer judges, in accordance with Secs. 22.205 and 22.210, that either a grant or cooperative agreement is the appropriate instrument, the grants officer shall...


Office of Management and Budget may exempt an agency transaction or program'' from the requirements of 31 U.S.C. chapter 63. Grants officers shall request such exemptions only...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR22.300] [Page 68] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 22--DoD GRANTS AND AGREEMENTS--AWARD AND ADMINISTRATION--Table of Contents Subpart C--Competition Sec. 22.300 Purpose. This subpart establishes DoD policy and implements statutes related to the use of competitive procedures in the award of grants and cooperative agreements. [[Page 69]] ...


maximize use of competition in the award of grants and cooperative agreements. This also conforms with: (1) 31 U.S.C. 6301(3), which encourages the use of competition...


(a) Definitions specific to this section. For the purposes of implementing the requirements of 10 U.S.C. 2374 in this section, the following terms...


encourage participation in DoD programs by a broad base of the most highly qualified performers. These procedures are characterized by competition among as many...


policy reasons among specific classes of potential recipients. An example would be a program to enhance U.S. capabilities for academic research and research- coupled...


Increasing the ability of HBCUs and MIs to participate in federally funded, university programs is an objective of Executive Order 12876 (3 CFR, 1993...


The purpose of this subpart is to specify policies and procedures for grants officers' determination of recipient qualifications prior...


(a) General. Grants officers normally shall award grants or cooperative agreements only to qualified recipients that meet the standards in Sec. 22.415. This practice...


The grants officer is responsible for determining a recipient's qualification prior to award. The grants officer's signature on the award...


To be qualified, a potential recipient must: (a) Have the management capability and adequate financial and technical resources, given those that would be made...


(a) The appropriate method to be used and amount of effort to be expended in deciding the qualification of a potential recipient will vary. In deciding on...


regulations that implement national policy requirements, to the extent that it is necessary to provide additional guidance to DoD grants officers. The other regulations...


Certifications of compliance with national policy requirements are to be obtained from recipients only for those national policies where a statute, Executive order,...


can include general provisions stating national policy requirements that apply to the use of funds (e.g., obligation [[Page 74]] through a grant...


this section is to implement section 558 of the National Defense Authorization Act for Fiscal Year 1995 (Pub. L. 103-337), as it specifically affects grants and cooperative...


terms or conditions, if a recipient's activities under an award will be subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3500, et seq.): (a) Generally,...


Metric Conversion Act of 1975, as amended by the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 205) and implemented by Executive Order 12770 (3 CFR, 1991 Comp.,...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR22.600] [Page 76] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 22--DoD GRANTS AND AGREEMENTS--AWARD AND ADMINISTRATION--Table of Contents Subpart F--Award Sec. 22.600 Purpose. This subpart sets forth grants officers' responsibilities relating to the award document and other actions at the time of award. ...


is responsible for ensuring that: (a) The award instrument contains the appropriate terms and conditions, in accordance with Sec. 22.610. (b) Information about...


that: (1) Address programmatic requirements (e.g., a statement of work or other appropriate terms or conditions that describe the specific goals and objectives of...


administering grants and cooperative agreements. It does so in conjunction with 32 CFR parts 32, 33, and 34, which prescribe administrative requirements for particular types...


office, to the maximum extent practicable, for post-award administration of its grants and cooperative agreements. This reduces burdens on recipients that can result...


the policy stated in Sec. 22.705(b), the DoD offices (referred to in this part as ``grants administration offices'') that are assigned responsibility for performing...


cognizant grants administration offices shall be to advise and assist grants officers and recipients prior to and after award, and to help ensure that recipients fulfill...


grants officers' and DoD Components' responsibilities for post-award administration, by providing DoD- specific requirements on payments; debt collection; claims, disputes...


for post-award administration of grants and cooperative agreements shall administer such awards in accordance with the following parts of the DoDGARs, as supplemented by...


grants officers' post-award responsibilities, with respect to payments to recipients of grants and cooperative agreements. (b) Policy. (1) It is Governmentwide policy...


shall include in grants and cooperative agreements a term or condition that incorporates the procedures of this section for: (1) Processing recipient claims...


establishing debts owed by recipients of grants and cooperative agreements, and transferring them to payment offices for collection. (b) Resolution of...


policy for obtaining audits at closeout of individual grants and cooperative agreements. It thereby supplements the closeout procedures specified in: (1) 32 CFR 32.71 and...


(a) Executive Order (E.O.) 12549 provides that, to the extent permitted by law, Executive departments and agencies shall participate in a governmentwide system...


The following definitions apply to this part: Adequate evidence. Information sufficient to support the reasonable belief that a particular act or omission...


(a) These regulations apply to all persons who have participated, are currently participating or may reasonably be expected to participate in transactions...


(a) In order to protect the public interest, it is the policy of the Federal Government to conduct business only with responsible persons. Debarment and suspension...


Debarment or suspension. (a) Primary covered transactions. Except to the extent prohibited by law, persons who are debarred or suspended shall be excluded...


Ineligible persons. Persons who are ineligible, as defined in Sec. 25.105(i), are excluded in accordance with the applicable statutory, executive order, or...


Voluntary exclusion. Persons who accept voluntary exclusions under Sec. 25.315 are excluded in accordance with the terms of their settlements. Military Departments and...


Exception provision. Military Departments & Defense Agencies may grant an exception permitting a debarred, suspended, or voluntarily excluded person, or a person proposed...


Continuation of covered transactions. (a) Notwithstanding the debarment, suspension, proposed debarment under 48 CFR part 9, subpart 9.4, determination of ineligibility,...


Failure to adhere to restrictions. (a) Except as permitted under Sec. 25.215 or Sec. 25.220, a participant shall not knowingly do business under a covered transaction...


The debarring official may debar a person for any of the causes in Sec. 25.305, using procedures established in Secs. 25.310 through 25.314. The existence of a...


debarment. Debarment may be imposed in accordance with the provisions of Secs. 25.300 through 25.314 for: (a) Conviction of or civil judgment for: ...


Military Departments and Defense Agencies shall process debarment actions as informally as practicable, consistent with the principles of fundamental fairness,...


referral. Information concerning the existence of a cause for debarment from any source shall be promptly reported, investigated, and referred, when...


proposed debarment. A debarment proceeding shall be initiated by notice to the respondent advising: (a) That debarment is being considered; (b) Of the...


contest proposed debarment. (a) Submission in opposition. Within 30 days after receipt of the notice of proposed debarment, the respondent may submit, in person,...


Debarring official's decision. (a) No additional proceedings necessary. In actions based upon a conviction or civil judgment, or in which there is no genuine dispute...


voluntary exclusion. (a) When in the best interest of the Government, Military Departments and Defense Agencies may, at any time, settle a debarment or...


debarment. (a) Debarment shall be for a period commensurate with the seriousness of the cause(s). If a suspension precedes a debarment, the suspension period shall...


Scope of debarment. (a) Scope in general. (1) Debarment of a person under these regulations constitutes debarment of all its divisions and other organizational elements...


(a) The suspending official may suspend a person for any of the causes in Sec. 25.405 using procedures established in Secs. 25.410 through 25.413. ...


suspension. (a) Suspension may be imposed in accordance with the provisions of Secs. 25.400 through 25.413 upon adequate evidence: (1) To suspect the commission...


(a) Investigation and referral. Information concerning the existence of a cause for suspension from any source shall be promptly reported, investigated, and...


Notice of suspension. When a respondent is suspended, notice shall immediately be given: (a) That suspension has been imposed; (b) That the suspension is based on...


contest suspension. (a) Submission in opposition. Within 30 days after receipt of the notice of suspension, the respondent may submit, in person, in writing,...


decision. The suspending official may modify or terminate the suspension (for example, see Sec. 25.320(c) for reasons for reducing the period or scope...


suspension. (a) Suspension shall be for a temporary period pending the completion of an investigation or ensuing legal, debarment, or Program Fraud Civil Remedies...


suspension. The scope of a suspension is the same as the scope of a debarment (see Sec. 25.325), except that the procedures of Secs. 25.410 through 25.413 shall be...


GSA responsibilities. (a) In accordance with the OMB guidelines, GSA shall compile, maintain, and distribute a list of all persons who have been...


Military Departments and Defense Agencies' responsibilities. (a) The agency shall provide GSA with current information concerning debarments,...


25.510 Participants' responsibilities. (a) Certification by participants in primary covered transactions. Each participant shall submit the...


Purpose. Source: 55 FR 21688, 21697, May 25, 1990, unless otherwise noted. Redesignated at 57 FR 6199, Feb. 21, 1992. (a) The purpose of this...


Definitions. (a) Except as amended in this section, the definitions of Sec. 25.105 apply to this subpart. (b) For purposes of this subpart-- ...


Coverage. (a) This subpart applies to any grantee of the agency. (b) This subpart applies to any grant, except where application of this subpart would...


Grounds for suspension of payments, suspension or termination of grants, or suspension or debarment. A grantee shall be deemed in violation of the requirements of...


Determinations of grantee violations. Heads of Defense Agencies, Heads of DoD Field Activities, and their designees are authorized to make determinations of...


Effect of violation. (a) In the event of a violation of this subpart as provided in Sec. 25.615, and in accordance with applicable law, the grantee shall...


Exception provision. The agency head may waive with respect to a particular grant, in writing, a suspension of payments under a grant, suspension or termination...


Certification requirements and procedures. (a)(1) As a prior condition of being awarded a grant, each grantee shall make the appropriate certification to...


Reporting of and employee sanctions for convictions of criminal drug offenses. (a) When a grantee other than an individual is notified that an employee...


a Federal contract, grant, loan, or cooperative ageement to pay any person for influencing or attempting to influence an officer or employee of any agency,...


Federal executive departments and agencies as well as independent regulatory commissions and Government corporations, as defined in 31 U.S.C. 9101(1). (b)...


if required, with each submission that initiates agency consideration of such person for: [[Page 119]] (1) Award of a Federal contract, grant, or...


in Sec. 28.100 (a), does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a Federal...


in Sec. 28.100 (a), does not apply in the case of a payment of reasonable compensation made to an officer or employee of a person requesting or receiving a Federal...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR28.210] [Page 121] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 28--NEW RESTRICTIONS ON LOBBYING--Table of Contents Subpart B--Activities by Own Employees Sec. 28.210 Reporting. No reporting is required with respect to payments of reasonable compensation made to regularly employed officers or employees of a person. ...


in Sec. 28.100 (a), does not apply in the case of any reasonable payment to a person, other than an officer or employee of a person requesting or receiving a...


a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure. (b) Any person who fails to file or amend the disclosure form...


of the Program Fraud and Civil Remedies Act, 31 U.S.C. sections 3803 (except subsection (c)), 3804, 3805, 3806, 3807, 3808, and 3812, insofar as these provisions are...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR28.410] [Page 122] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 28--NEW RESTRICTIONS ON LOBBYING--Table of Contents Subpart D--Penalties and Enforcement Sec. 28.410 Enforcement. The head of each agency shall take such actions as are necessary to ensure that the provisions herein are vigorously implemented and enforced in that agency. ...


case-by-case basis, a covered Federal action from the prohibition whenever the Secretary determines, in writing, that such an exemption is in the national interest. The...


reports (see appendix B) and, on May 31 and November 30 of each year, submit to [[Page 123]] the Secretary of the Senate and the Clerk of the House...


(b) of this section, of each agency shall prepare and submit to Congress each year, commencing with submission of the President's Budget in 1991, an evaluation of...


of higher education, hospitals, and other non- governmental, non-profit organizations. --------------------------------------------------------------------------- ...


they are in other parts of the DoD Grant and Agreement Regulations, because this part implements OMB Circular A-110 and uses definitions as stated in that Circular. In such cases,...


materials which are inconsistent with the requirements of this part shall be superseded, except to the extent they are required by statute, or authorized in...


32 CFR 21.125(a) and (c). (b) Small awards. DoD Components may apply less restrictive requirements than the provisions of this part when awarding small awards, except for...


under awards if such subrecipients are institutions of higher education, hospitals or other non-profit organizations. State and...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR32.10] [Page 133] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE Subpart B--Pre-Award Requirements Sec. 32.10 Purpose. Sections 32.11 through 32.17 prescribe application forms and instructions and other pre-award matters. ...


agency shall decide on the appropriate award instrument (i.e., grant, cooperative agreement, or contract). (ii) The Federal Grant and Cooperative Agreement Act...


Burdens on the Public,'' with regard to all forms used in place of or as a supplement to the Standard Form 424 2...


common rule [[Page 134]] restricts subawards and contracts with certain parties that are debarred, suspended or otherwise excluded from or ineligible...


recipient: (1) Has a history of poor performance; (2) Is not financially stable; (3) Has a management system that does not meet the standards prescribed in...


is the preferred measurement system for U.S. trade and commerce, and for Federal agencies' procurements, grants, and other business-related activities. DoD grants...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR32.16] [Page 134] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE Subpart B--Pre-Award Requirements Sec. 32.16 Resource Conservation and Recovery Act (RCRA). Recipients' procurements shall comply with applicable requirements of the Resource Conservation and Recovery Act (RCRA), as described at Sec. 32.49. ...


allow recipients to submit certifications and representations required by statute, executive order, or regulation on an annual basis, if the recipients have ongoing...


financial management systems, methods for making payments and rules for: satisfying cost sharing and matching requirements, accounting for program income, budget...


information whenever practical. For awards that support research, it should be noted that it is generally not appropriate to develop unit cost information. (b)...


checks, warrants, or payment by other means by the recipients. Payment methods of State agencies or instrumentalities shall be consistent with Treasury-State...


matching when such contributions meet all of the following criteria: (1) Are verifiable from the recipient's records. (2) Are not included as contributions for any...


to projects financed in whole or in part with Federal funds. (b) Except as provided in paragraph (h) of this section, program income earned during the...


may include either the sum of the Federal and non-Federal shares, or only the Federal share, depending upon DoD Component requirements. It shall be related to performance...


be subject to the audit requirements contained in the Single Audit Act Amendments of 1996 (31 U.S.C. 7501-7507) and revised OMB Circular A- 133,\7\ ``Audits of States,...


under an assistance award, there is a set of Federal principles for determining allowable costs. Allowability of costs shall be determined in accordance...


during the funding period and any pre-award costs (see Sec. 32.25(d)(2)(i)) authorized by the DoD Component. ...


Federal Government and property whose cost was charged to a project supported by a Federal award. DoD Components shall require recipients to observe these standards under...


provided to property owned by the recipient. Federally-owned property need not be insured unless required by the terms and conditions of...


recipients concerning the use and disposition of such property. Unless otherwise provided by statute, such requirements, at a minimum, shall contain the...


shall submit annually an inventory listing of federally-owned property in their custody to the DoD Component that made the award. Upon completion of the award or when...


(b) The recipient shall not use equipment acquired with Federal funds to provide services to non-Federal outside organizations for a fee that is less than private companies...


aggregate value upon termination or completion of the project or program and the supplies are not needed for any other federally- sponsored project or program, the recipient...


an award. DoD Components reserve a royalty-free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for Federal purposes, and to...


held in trust by the recipient as trustee for the beneficiaries of the project or program under which the property was acquired or improved. DoD Components may require...


supplies and other expendable property, equipment, real property and other services with Federal funds. These standards are furnished to ensure that such materials and...


The recipient is the responsible authority, without recourse to the DoD Component that made the award, regarding the settlement and satisfaction of all contractual...


contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by Federal funds if a real or...


be alert to organizational conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise...


(1) Recipients avoid purchasing unnecessary items; (2) Where appropriate, an analysis is made of lease and purchase alternatives to determine which would be the most economical...


Price analysis may be accomplished in various ways, including the comparison of price quotations submitted, market prices and similar indicia, together with discounts....


(a) Basis for contractor selection; (b) Justification for lack of competition when competitive bids or offers are not obtained; and (c) Basis for award...


the contract and to ensure adequate and timely follow up of all purchases. Recipients shall evaluate contractor performance and document, as appropriate,...


contracts. The following provisions shall also be applied to subcontracts: [[Page 150]] (a) Contracts in excess of the simplified acquisition threshold...


agency or agency of a political subdivision of a State which is using appropriated Federal funds must comply with section 6002. Section 6002 requires that preference be...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR32.50] [Page 151] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE Subpart C--Post-Award Requirements Sec. 32.50 Purpose of reports and records. Sections 32.51 through 32.53 set forth the procedures for monitoring and reporting on the recipient's financial and program performance and the necessary standard reporting forms. They also set forth record retention requirements. ...


supported by the award. Recipients shall monitor subawards to ensure subrecipients have met the audit requirements as delineated in Sec. 32.26. (b) The award terms...


(1) SF-269 \9\ or SF-269A,\10\ Financial Status Report. (i) DoD Components shall require recipients to use the SF-269 or SF-269A to report the status of funds for...


for awards to recipients. DoD Components shall not impose any other record retention or access requirements upon recipients. (b) Financial records, supporting...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR32.60] [Page 154] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE Subpart C--Post-Award Requirements Sec. 32.60 Purpose of termination and enforcement. Sections 32.61 and 32.62 set forth uniform suspension, termination and enforcement procedures. ...


the terms and conditions of an award; (2) By the grants officer with the consent of the recipient, in which case the two parties shall agree upon the termination...


Federal statute, regulation, assurance, application, or notice of award, the grants officer may, in addition to imposing any of the special conditions outlined in Sec. 32.14,...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR32.70] [Page 155] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE Subpart D--After-the-Award Requirements Sec. 32.70 Purpose. Sections 32.71 through 32.73 contain closeout procedures and other procedures for subsequent disallowances and adjustments. ...


reports required by the terms and conditions of the award. The grants officer may approve extensions when requested by the recipient. (b) Unless the grants...


of Defense to disallow costs and recover funds on the basis of a later audit or other review. (2) The obligation of the recipient to return any funds due as a result...


the terms and conditions of the award constitute a debt to the Federal Government. (b) OMB Circular A-110 informs each Federal agency that: (1) If a debt is not...


This part establishes uniform administrative rules for Federal grants and cooperative agreements and subawards [[Page 158]] to State, local and...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR33.2] [Page 158] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 33--UNIFORM ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND COOPERATIVE AGREEMENTS TO STATE AND LOCAL GOVERNMENTS--Table of Contents Subpart A--General Sec. 33.2 Scope of subpart. This subpart contains general rules pertaining to this part and procedures for control of exceptions from this part. ...


used in this part: Accrued expenditures mean the charges incurred by the grantee during a given period requiring the provision of funds for: (1) Goods and other...


(a) General. Subparts A through D of this part apply to all grants and subgrants to governments, except where inconsistent with Federal statutes or with regulations authorized...


All other grants administration provisions of codified program regulations, program manuals, handbooks and other nonregulatory materials which are inconsistent with this part...


(a) For classes of grants and grantees subject to this part, Federal agencies may not impose additional administrative requirements except in codified regulations published in...


grants. (a) Scope. (1) This section prescribes forms and instructions to be used by governmental organizations (except hospitals and institutions of...


(a) Scope. The statutes for some programs require States to submit plans before receiving grants. Under regulations implementing Executive Order 12372, ``Intergovernmental Review...


conditions for ``high-risk'' grantees. (a) A grantee or subgrantee may be considered ``high risk'' if an awarding agency determines that a grantee or subgrantee: ...


systems. Financial Administration (a) A State must expand and account for grant funds in accordance with State laws...


(a) Scope. This section prescribes the basic standard and the methods under which a Federal agency will make payments to grantees, and grantees will make payments to subgrantees...


(a) Limitation on use of funds. Grant funds may be used only for: (1) The allowable costs of the grantees, subgrantees and cost-type contractors, including allowable costs...


funds. (a) General. Where a funding period is specified, a grantee may charge to the award only costs resulting from obligations of the funding period unless carryover...


(a) Basic rule: Costs and contributions acceptable. With the qualifications and exceptions listed in paragraph (b) of this section, a matching or cost...


(a) General. Grantees are encouraged to earn income to defray program costs. Program income includes income from fees for services performed, from the use or rental of real...


(a) Basic rule. Grantees and subgrantees are responsible for obtaining audits in accordance with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501-7507) and...


(a) General. Grantees and subgrantees are permitted to rebudget within the approved direct cost budget to meet unanticipated requirements and may make limited program changes to...


(a) Title. Subject to the obligations and conditions set forth in this section, title to real property acquired under a grant or subgrant will vest upon acquisition in the...


(a) Title. Subject to the obligations and conditions set forth in this section, title to equipment acquired under a grant or subgrant will vest upon acquisition in the grantee...


(a) Title. Title to supplies acquired under a grant or subgrant will vest, upon acquisition, in the grantee or subgrantee respectively. (b) Disposition. If there is a...


The Federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for...


suspended parties. Grantees and subgrantees must not make any award or permit any award (subgrant or contract) at any tier to any party which is debarred or suspended...


(a) States. When procuring property and services under a grant, a State will follow the same policies and procedures it uses for procurements from its non-Federal funds. The...


(a) States. States shall follow State law and procedures when awarding and administering subgrants (whether on a cost reimbursement or fixed amount basis) of financial assistance...


performance. (a) Monitoring by grantees. Grantees are responsible for managing the day-to-day operations of grant and subgrant supported activities....


(a) General. (1) Except as provided in paragraphs (a) (2) and (5) of this section, grantees will use only the forms specified in paragraphs (a) through (e) of...


for records. (a) Applicability. (1) This section applies to all financial and programmatic records, supporting documents, statistical records, and...


(a) Remedies for noncompliance. If a grantee or subgrantee materially fails to comply with any term of an award, whether stated in a Federal statute or regulation, an assurance, in...


Except as provided in Sec. 33.43 awards may be terminated in whole or in part only as follows: (a) By the awarding agency with the consent of the grantee...


(a) General. The Federal agency will close out the award when it determines that all applicable administrative actions and all required work of the grant has been...


adjustments. The closeout of a grant does not affect: (a) The Federal agency's right to disallow costs and recover funds on the basis of a later audit or...


(a) Any funds paid to a grantee in excess of the amount to which the grantee is finally determined to be entitled under the terms of the award constitute a debt...


requirements for awards to for-profit organizations. (b) Applicability to prime awards and subawards is as follows: (1) Prime awards. DoD Components shall...


terms as used in this part. Grants officers are cautioned that terms may be defined differently in this part than they are in other parts of the DoD Grant and...


deviations affecting only one award may be approved by DoD Components in accordance with procedures stated in 32 CFR 21.125(a). (b) Small awards. DoD Components...


impose additional requirements as needed, over and above those provided in this part, if an applicant or recipient: (1) Has a history of poor performance; (2)...


Financial and Program Management Sections 34.11 through 34.17 prescribe standards for financial management systems; methods for...


(a) Recipients shall be allowed and encouraged to use existing financial management systems established for doing business in the commercial marketplace, to the...


methods for awards with for-profit organizations are: (1) Reimbursement. Under this method, the recipient requests reimbursement for costs incurred during a...


(a) Acceptable contributions. All contributions, including cash contributions and third party in-kind contributions, shall be accepted as part of the recipient's cost sharing or...


apply the standards in this section to the disposition of program income from projects financed in whole or in part with Federal funds. (b) Recipients shall have...


(a) The budget plan is the financial expression of the project or program as approved during the award process. It may include either the sum of the Federal and...


$300,000 or more in a year under Federal awards shall have an audit made for that year by an independent auditor, in accordance with paragraph (b) of this section. The...


costs shall be determined in accordance with the cost principles applicable to the type of entity incurring the costs, as follows: (a) For-profit...


32 CFR 22.205(b), grants and cooperative agreements shall not: (a) Provide for the payment of fee or profit to the recipient. (b) Be used to carry out programs where...


Sections 34.21 through 34.25 set forth uniform standards for management, use, and disposition of property. DoD Components shall encourage recipients to use existing...


(a) Prior approval for acquisition with Federal funds. Recipients may purchase real property or equipment in whole or in part with Federal funds under an award only with the...


inventory. Recipients shall submit annually an inventory listing of all Federally owned property in their custody (property furnished by the Federal Government, rather...


recipient's property management system shall include the following, for property that is Federally owned, and for equipment that is acquired in whole or in part with Federal funds,...


the recipient upon acquisition for supplies acquired with Federal funds under an award. (b) Upon termination or completion of the project or program, the recipient...


awards. (a) Patents. Grants and cooperative agreements with: (1) Small business concerns shall comply with 35 U.S.C. Chapter 18, as implemented by 37 CFR...


Section 34.31 sets forth requirements necessary to ensure: (a) Compliance of recipients' procurements that use Federal funds with applicable Federal statutes and...


pertain to recipients' procurements funded in whole or in part with Federal funds or with recipients' cost- share or match: (a) Reasonable cost. Recipients...


Sections 34.41 and 34.42 prescribe requirements for monitoring and reporting financial and program performance and for records...


Grants officers may use the provisions of 32 CFR 32.51 and 32.52 for awards to for-profit organizations, or may include equivalent technical and...


(a) This section sets forth requirements for records retention and access to records for awards to recipients. (b) Financial records, supporting...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR34.50] [Page 201] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 34--ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND AGREEMENTS WITH FOR-PROFIT ORGANIZATIONS--Table of Contents Subpart B--Post-award Requirements Sec. 34.50 Purpose of termination and enforcement. Sections 34.51 through 34.53 set forth uniform procedures for suspension, termination, enforcement, and disputes. ...


terminated in whole or in part only in accordance with one of the following: (1) By the grants officer, if a recipient materially fails to comply with the terms and conditions...


noncompliance. If a recipient materially fails to comply with the terms and conditions of an award, whether stated in a Federal statute, regulation, assurance, application, or...


the right to appeal certain decisions by grants officers. In resolving such issues, DoD policy is to use Alternative Dispute Resolution (ADR) techniques, to the...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR34.60] [Page 202] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 34--ADMINISTRATIVE REQUIREMENTS FOR GRANTS AND AGREEMENTS WITH FOR-PROFIT ORGANIZATIONS--Table of Contents Subpart C--After-the-Award Requirements Sec. 34.60 Purpose. Sections 34.61 through 34.63 contain procedures for closeout and for subsequent disallowances and adjustments. ...


The cognizant grants officer shall, at least six months prior to the expiration date of the award, contact the recipient to establish: (1) All steps needed to close out the...


(a) The closeout of an award does not affect any of the following: (1) The right of the Department of Defense to disallow costs and recover funds on...


Any funds paid to a recipient in excess of the amount to which the recipient is finally determined to be entitled under the terms and conditions of the award constitute a debt to...


policies and procedures governing personal commercial solicitation and insurance sales on DoD installations. (b) Continues the established annual DoD accreditation...


of the Joint Chiefs of Staff (OJCS), the Unified Commands, and the Defense Agencies (hereafter referred to collectively as ``DoD Components''). The term...


sales of a product or products. Association. Any organization, whether or not the word ``Association'' appears in its title, composed of and serving exclusively members...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR43.4] [Page 206] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 43--PERSONAL COMMERCIAL SOLICITATION ON DoD INSTALLATIONS--Table of Contents Sec. 43.4 Policy. It is the policy of the Department of Defense to safeguard and promote the welfare of DoD personnel as consumers by setting forth a uniform approach to the conduct of all personal commercial solicitation and sales to them by dealers and their agents. ...


policies and procedures governing personal commercial solicitation activities conducted on DoD installations. (b) The Heads of DoD Components, or their...


a matter of rights. Personal commercial solicitation will be permitted only if the following requirements are met: (i) The solicitor is duly licensed under...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR44.1] [Page 212] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 44--SCREENING THE READY RESERVE--Table of Contents Sec. 44.1 Purpose. Updates DoD policy and responsibilities for the screening of Ready Reservists under 10 U.S.C. 1003, 1005, and 1209. ...


a Military Service in the Navy by agreement with the Department of Transportation), the Chairman of the Joint Chiefs of Staff, the Combatant Commands, the Inspector General...


may have a substantially adverse effect on the health, safety, or welfare of the community. Any request for a determination of such hardship shall be made by...


least annually to meet the provisions of 10 U.S.C. 10149 and to provide a Ready Reserve force composed of members who: (1) Meet Military Service wartime standards...


civilian sector and the military that the Ready Reserve Screening process has identified, but has not resolved. (b) The Assistant Secretary of Defense for Reserve Affairs,...


and distribution of revised DD Form 214 to comport with the [[Page 217]] requirements of 10 U.S.C. 1168, 972, and 32 CFR part 41 and the control...


the Military Services, the Joint Staff, and the Defense Agencies (hereafter referred to as ``DoD Components''). The term ``Military Services,'' as used here, refers to the...


The DD Form 214 will normally be issued by the command from which the member was separated. In those instances where a DD Form 214 was not issued, the Services concerned may...


used by civilian and governmental agencies to validate veteran eligibility for benefits. As such, they are valuable forms and, therefore, vulnerable to fraudulent use....


Air Force to determine if an established group of civilian employees or contract workers provided service to the U.S. Armed Forces in a manner considered active military...


by agreement with the Department of Transportation (DoT), the U.S. Coast Guard. (b) Applies to any group application considered under Public Law 95- 202 after...


foreign belligerent. The term connotes more than a military engagement of limited duration or for limited objectives, and involves a significant use of military and...


group must: (1) Have been similarly situated to the Women's Air Forces Service Pilots of World War II. (2) Have rendered service to the United States in what...


a primary and an alternate member in the grade of O-6 or GM-15 or higher to the DoD Civilian/Military Service Review Board. (2) Exercise oversight over the Military...


the Secretary of the Air Force using the instructions in appendix A to this part. (b) Processing group applications. (1) When received, the recorder shall review...


to permit each member of the uniformed services to elect to receive a reduced amount of any retired pay which may be awarded him as a result of service in his uniformed...


Serviceman's Family Protection Plan (formerly called the Uniformed Services Contingency Option Act). (b) The term uniformed services means the Army, Navy, Air...


the following annuities. The amount must be specified at time of election, and may not be for more than 50 per centum nor less than 12\1/2\ per centum of his retired pay, in no...


annuity provided by Option 1 and Option 2, he may elect amounts that, in total, meet the limitations specified in Sec. 48.201. The cost of each annuity, and the amount of...


service as defined in Sec. 48.102(o) may elect to receive a reduced amount of retired pay in order to provide one or more of the annuities as specified in Secs. 48.201 and...


amount of the annuity or annuities under any option, or a change in any option or options selected. A revocation is a cancellation of a previous election and constitutes...


Election of Options, Retired Serviceman's Family Protection Plan, DD Form 1688. \1\ It will be submitted as directed herein. All copies will be signed, and any...


will have accumulated sufficient service to be eligible for retired pay at age 60, will be counseled on the Plan before reaching their 57th birth dates in order to insure...


be named at the date of retirement pursuant to the option elected. Although a member without dependents may make an election, it will not be effective unless he has...


the time of submitting the election, or prior to retirement, the member must indicate his wife's and youngest child birth date as applicable to the option elected. At or before the...


different lawful spouse at the time of retirement from the lawful spouse he had at the time of election. The lawful spouse at the time of retirement is the spouse eligible for...


pay of a member who has made an election shall be computed by the uniformed service concerned in each individual case, based upon tables of factors prepared by the Board...


will be the effective date of retirement with pay. The reduction in retired pay will be terminated on the date the member ceases to be entitled to retired pay or on the first...


who is entitled to retired pay and has made an election shall, during any period in which he is not receiving retired pay (including periods of active duty), deposit...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR48.404] [Page 242] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 48--RETIRED SERVICEMAN'S FAMILY PROTECTION PLAN--Table of Contents Subpart D--Reduction of Retired Pay Sec. 48.404 Ages to be used. Ages to be used for calculating reductions of retired pay will be the ages of the member and his eligible dependents on their nearest birth dates as of the date of the member's retirement. ...


the temporary disability retired list established pursuant to title 10, United States Code, chapter 61, who has elected to receive reduced retired pay in order to provide one...


A retired member who is participating in the Plan may revoke his election and withdraw from participation, or he may reduce the amount of the survivor annuity; however, an...


the Plan shall be assignable, or subject to execution, levy, attachment, garnishment, or other legal process. Annuities payable under this Plan shall be in addition to...


beneficiaries described in Sec. 48.102(e)(5) shall accrue from the first day of the month in which the retired member dies and shall be due and payable not later than...


who has elected under the Plan, the department concerned shall forward to the eligible surviving beneficiaries the necessary information and forms (DD Form 768....


guardian, or if there is no guardian, to the person(s) who has care, custody, and control of the child or children. (b) Annuities payable to or on behalf of an...


established by such evidence as may be required by the department concerned. (b) If a child as defined in Sec. 48.102(e)(4) is a designated annuitant, the department...


empowered to use any means provided by law to recover amounts of annuities erroneously paid to any individual under the Plan. He may authorize such recovery by adjustment...


retires with a physical disability before the completion of 19 years of service and then dies in retirement, his widow and eligible children can receive monthly...


1968 is not effective if the member dies within 30 days following retirement from a disability of 100 per centum (under the standard schedule of rating disabilities in use by...


of the Board of Actuaries will be compiled by the Office of the Secretary of Defense after promulgation of appropriate instructions to each of the...


shall consist of a principal and alternate member for each of the uniformed services appointed by the Department Secretary concerned. Alternate members will be authorized...


may correct any election or any change or revocation of an election when he considers it necessary to correct an administrative error. Information on such...


the Plan without inclusion of former option 4, which provided for restoration of retired pay when no eligible beneficiary remained in his election, may before September...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR53.1] [Page 246] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 53--WEARING OF THE UNIFORM--Table of Contents Sec. 53.1 Purpose. This part prescribes limitations on wearing of the uniform by members of the Armed Forces, and establishes policy with respect to wearing of the uniform by former members of the Armed Forces. [35 FR 1236, Jan. 30, 1970] ...


of the following circumstances: (1) At any meeting or demonstration which is a function of, or sponsored by an organization, association, movement, group, or combination...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR54.1] [Page 247] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 54--ALLOTMENTS FOR CHILD AND SPOUSAL SUPPORT--Table of Contents Sec. 54.1 Purpose. Under section 65 of title 42, United States Code, this part provides policy on statutorily required child or child and spousal support allotments, assigns responsibilities, and prescribes procedures. ...


as used herein, refers to the Army, Navy, Air Force, and Marine Corps. (b) Its provisions cover members of the Military Services on extended active duty....


Act (42 U.S.C. 651-664), who has the duty or authority to seek recovery of any amounts owed as child or child and spousal support (including, when authorized under...


of a member who has failed to make periodic payments under a support order in a total amount equal to the support payable for 2 months or longer. The member's...


have the authority to change or modify the procedures in Sec. 54.6. (b) The Secretaries of the Military Departments shall comply with...


a signed notice that includes: (i) A statement that delinquent support payments equal or exceed the amount of support payable for 2 [[Page...


93-112, ``Rehabilitation Act of 1973,'' September 26, 1973 (29 U.S.C. 794) (1976); section 111 of Pub. L. 93-516, ``Rehabilitation Act Amendments of 1974,'' December 7, 1974...


of the Secretary of Defense, the Military Departments, the Organization of the Joint Chiefs of Staff, the National Guard Bureau, and the Defense Agencies (hereafter referred...


structures, equipment, roads, walks, parking lots, or other real or personal property or any interest in such property. (b) Federal financial assistance. Any...


shall be subjected to discrimination on the basis of handicap under any program or activity that receives or benefits from Federal financial assistance disbursed by a...


(Manpower, Reserve Affairs, and Logistics) (ASD(MRA&L)), or designee, shall monitor compliance with this part. In discharging this responsibility, the ASD(MRA&L), or...


a log of all complaints that are filed with it or its recipients under this part. The log shall contain the complainant's name (last name, first, and middle initial)...


part applies to all DoD Components and recipients of Federal financial assistance disbursed by a DoD Component insofar as the programs and activities of the DoD Components...


(a) General prohibitions against discrimination. (1) No qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefit of,...


(a) General prohibitions against discrimination. (1) No qualified handicapped person shall, on the basis of handicap, be excluded from participation in, be denied the benefit of,...
...


by the Department of Defense. (a) Supplementary guidelines. (1) Whenever necessary, the ASD(MRA&L), or designee, shall publish supplementary guidelines...


procedures under 20 U.S.C. 921-932, 20 U.S.C. 1400 et seq., [[Page 271]] DoD Directive 1342.6 \1\, and DoD Directive 1342.13 \2\ for providing...


the Secretary of Defense, the Military Departments, the Chairman of the Joint Chiefs of Staff, the Unified Combatant Commands, the Inspector General of the Department of...


the Secretary of Defense, the Military Departments, the Chairman of the Joint Chiefs of Staff, the Unified Combatant Commands, the Inspector General of the Department of...
...


disabilities and their families shall be entitled to receive early intervention services consistent with Appendix A to this part. (b) Eligible children with...


disabilities and their families shall be entitled to receive early intervention services consistent with Appendix A to this part. (b) Eligible children with...
...


with Human Immunodeficiency Virus (HIV),'' August 4, 1988, Deputy Secretary of Defense Memorandum, ``Recommendations for Revision of DoD Human Immunodeficiency Virus...


of the Joint Chiefs of Staff and the Joint Staff, the Unified and Specified Commands, and the Defense Agencies (hereafter referred to collectively as ``the...


the United States. (b) HIV-1 and/or AIDS Education Program. Any combination of information, education, and behavior-change strategies designed to facilitate...


of HIV-1 infection. (b) Screen active duty (AD) and Reserve component military personnel periodically for serologic evidence of HIV-1 infection. (c) Refer AD...


and Personnel) (ASD(FM&P)), the General Counsel of the Department of Defense (GC, DoD), and the Assistant Secretary of Defense (Reserve Affairs), is responsible...


of HIV-1 infection. Testing and interpretation of results shall be in accordance with the procedures in HIV-1 Testing and Interpretation of Results.\4\ Test...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR59.1] [Page 299] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 59--VOLUNTARY MILITARY PAY ALLOTMENTS--Table of Contents Sec. 59.1 Purpose. This part updates the policies that implement title 37 U.S. Code, chapter 13 and govern voluntary allotments of pay and allowances for active and retired members. ...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR59.2] [Page 299] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 59--VOLUNTARY MILITARY PAY ALLOTMENTS--Table of Contents Sec. 59.2 Applicability. This part applies to the Office of the Secretary of Defense and the Military Departments. The term ``Military Service,'' as used herein, refers to the Army, Navy, Air Force, and Marine Corps. ...


family financial responsibilities to the exigencies of military service. It is a convenience and privilege not to be exploited or abused. To avoid unjustifiable expense...


allotment program and provide assistance to the Military Departments in the form of instructions, requirements, reviews, and other guidance. (b) The Secretaries of...


of the Military Departments to provide relief to health care personnel of the Department of Defense from personal tort liability in connection with their authorized...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR61.2] [Page 302] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 61--MEDICAL MALPRACTICE CLAIMS AGAINST MILITARY AND CIVILIAN PERSONNEL OF THE ARMED FORCES--Table of Contents Sec. 61.2 Applicability. The provisions of this Directive apply to the Office of the Secretary of Defense, the Military Departments, and all other Department of Defense Components. ...


1089(f) hold harmless or provide liability insurance for Department of Defense health care personnel is hereby delegated to: (1) The Secretary of each...


required to: (1) Promptly forward all process served upon them or attested true copies thereof to the appropriate official designated by the Secretary of the...


driving''). (b) Assigns responsibility for and explains DoD policy and procedures on the establishment and operation of the DoD Intoxicated Driving...


of Staff, the Unified and Specified Commands, and the Defense Agencies (hereafter referred to collectively as ``DoD Components''). The term ``Military Services,'' as...


and readiness of military units and supporting activities. It is DoD policy to reduce significantly the incidence of intoxicated driving within the Department...


for each of the following: law enforcement, public information, emergency room, and safety personnel. Club managers, bartenders, and waitresses serving...


the reduction of intoxicated driving, consistent with this part, recognizing that intoxicated driving prevention programs shall be designed to meet local needs. (2) Appoint...


the Deputy Assistant Secretary of Defense (Health Promotion), Office of the ASD(HA). (2) The DIDPTF shall consist of representatives of the Military Services' drug...


or breath analysis. Percent of weight by volume of alcohol in the blood is based on grams of alcohol per 100 milliliters of blood. (b) Conviction. An official...


prescribing uniform policy and procedures governing the peacetime management of retired military personnel, both Regular and Reserve, in preparation for their use during...


Military Departments (including their National Guard and Reserve components); the Chairman, Joint Chiefs of Staff (Joint Staff); the Coast Guard and its Reserve component...


his or her employer, private or public, as filling a key position. (b) Key position. A civilian position, public or private (designated by the employers and approved...


shortfalls due to mobilization or other emergencies, as described in 10 U.S.C. 672 and 688. DoD Components and the Coast Guard shall plan to use as many retirees, as...


Secretary of Defense (Force Management and Personnel) (ASD(FM&P)) shall provide overall policy guidance for the management and mobilization of DoD military retirees. In...


should provide for rapid identification of retiree location and military skills to expedite reporting of retirees to a wide range of assignments and geographic locations...


policy, assigns responsibilities, and prescribes under 10 U.S.C. 12205 for identifying criteria for determining educational institutions that award baccalaureate...


of the Secretary of Defense, and the Military Departments; the Chairman of the Joint Chiefs or Staff; and the Defense Agencies referred to collectively in this part as the...


educational institution accredited by an agency recognized by the Secretary of Education. Qualifying educational institution. An educational institution that...


12205 to require Reserve component officers to have at least a baccalaureate degree from a qualifying educational institution before appointment to a grade above...


Defense for Reserve Affairs, under the Under Secretary of Defense for Personnel and Readiness, shall: (1) Establish procedures by which an unaccredited...


may obtain designation as a qualifying educational institution for a specific Reserve component officer who graduated from that educational institution by...


505(c), August 13, 1981 (20 U.S.C. 241 note). (b) Public Law 81-874 dated September 30, 1950, section 6, as amended (20 U.S.C. 241). (c) Public Law...


Department of Defense (DoD) to make arrangements (as defined in Sec. 68.5) for the provision of free public education to eligible dependent children as authorized by Sec....


Defense (OSD), the Military Departments, and the Defense Agencies. (b) The schools operated by DoD within the Continental United States (CONUS), Alaska, Hawaii,...


dependent children of U.S. military personnel and federally employed civilian personnel residing on Federal property be educated, whenever suitable, in schools operated...


This normally should include a student commuting area within 45 minutes of the Federal property, unless another area identified as adjacent is designated...


(ASD(FM&P)), or designee, shall: (1) Ensure the development of policies and procedures for the operation, management, budgeting (in accordance with guidance...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR68.7] [Page 325] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 68--PROVISION OF FREE PUBLIC EDUCATION FOR ELIGIBLE CHILDREN PURSUANT TO SECTION 6, PUBLIC LAW 81-874--Table of Contents Sec. 68.7 Effective date and implementation. This part is effective October 16, 1987. The Secretary of each Military Department shall forward two copies of the Military Department's implementing documents to the ASD(FM&P) within 120 days. ...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR69.1] [Page 325] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 69--SCHOOL BOARDS FOR DEPARTMENT OF DEFENSE DOMESTIC DEPENDENT ELEMENTARY AND SECONDARY SCHOOLS--Table of Contents Sec. 69.1 Purpose. This part prescribes policies and procedures for the establishment and operation of elected School Boards for schools operated by the Department of Defense (DoD) under 10 U.S.C. 2164, 32 CFR part 345, and Public Law 92-463. ...


Defense (OSD), the Military Departments, the Coast Guard when operating as a service of the Department of the Navy or by agreement between DoD and the Department of...


free public education to dependent children under 10 U.S.C. 2164 through DoD DDESS arrangements or DoD DDESS special arrangements: (1) DDESS arrangement. A school operated by...


operated in accordance with this part and other pertinent guidance. (b) Because members of DoD DDESS elected school boards are not officers or employees of the...


under the Under Secretary of Defense for Personnel and Readiness, shall: (a) Make the final decision on all formal appeals to directives and other...


the Director, DoD DDESS, the number of elected school board voting members, which shall be not fewer than 3 and no more than 9, depending upon local needs. The members of the...


of discharges or dismissals under 10 U.S.C. 1553. (b) Provides guidelines for discharge review by application or on motion of a DRB, and the conduct of discharge...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR70.2] [Page 329] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 70--DISCHARGE REVIEW BOARD (DRB) PROCEDURES AND STANDARDS--Table of Contents Sec. 70.2 Applicability. The provisions of this part 70 apply to the Office of the Secretary of Defense (OSD) and the Military Departments. The terms, ``Military Services,'' and ``Armed Forces,'' as used herein, refer to the Army, Navy, Air Force and Marine Corps. ...


accordance with Military Department regulations or by sentence of a court-martial (other than a general court-martial) and under statutory regulatory provisions whose...


the operation for their respective discharge review programs under 10 U.S.C. 1553. (b) The Assistant Secretary of Defense (Manpower, Reserve Affairs, and...


Sec. 70.9 and constitute the basic guidelines for the determination whether to grant or deny relief in a discharge review. (c) Complaint Procedures about decisional...


Control Symbol DD-M(SA)1489. (2) All reports must be consistent with DoD Directive 5000.11, ``Data Elements and Data Codes Standardization Program,'' December...


Directive 1332.28, March 29, 1978, is officially canceled, effective November 27, 1982. This part applies to all discharge review proceedings conducted on or after November...


Directive 1332.28, March 29, 1978, is officially canceled, effective November 27, 1982. This part applies to all discharge review proceedings conducted on or after November...
...


equity of the applicant's discharge and to effect changes, if necessary. The standards of review and the underlying factors that aid in determining whether the standards are met...


equity of the applicant's discharge and to effect changes, if necessary. The standards of review and the underlying factors that aid in determining whether the standards are met...
...


reporting period (October 1 through March 31 and April 1 through September 30). (b) The reporting period will be inclusive from the first through the last days of...


921-932, to: (a) Update the policy and eligibility requirements for education of DoD dependent students in overseas areas. (b) Authorize the enrollment of other...


Organization of the Joint Chiefs of Staff, the Unified and Specified Commands, and the Defense Agencies (hereafter referred to collectively as ``DoD Components''). The...


Schools, including dormitory facilities, other than DoD dependents schools, that provide suitable educational programs, usually on a tuition basis. The term...


may be enrolled in DoD dependents schools or approved non-DoD dependents schools, or may take correspondence courses at U.S. Government expenses, under the...


through (d) of this section, and in that priority, and pursuant to paragraph (e) of this section. (a) Space-required, tuition-free. (1) Command-sponsored...


monitor compliance with this part. (b) The Heads of DoD Components shall comply with this part. (c) The Director, DoD Dependents Schools, or designee, shall: ...


(a) The ``Panama Canal Act of 1979'' authorizes the extension of primary, secondary, and postsecondary educational services to DoD dependent students and other categories...


Defense memorandum dated October 5, 1984 in accordance with DoD Directive 5000.1,\1\ DoD Instruction 500.2,\1\ DoD Directive 5000.3,\1\ DoD Directive 5000.39,\1\ DoD...


and Reserve components. The term ``Military Services,'' as used herein, refers to the Army, Navy, Air Force, Marine Corps, and the National Guard and Reserve...


Non-system training device. A training simulator or device not supporting a single, specific, parent defense system. Training simulator and/or device. Hardware and software designed...


training devices, in accordance with DoD Directive 5000.1. The requirement for development and acquisition of training devices shall be based on a Military Service's...


with this part. (2) Designate action officers for training devices associated with major system acquisitions' constituting major systems in themselves,...


the system acquisition review process. Military Service-approved DPs, which will evolve as data from detailed training analyses become available, shall be forwarded to OSD...


Defense (Force Management and Personnel). Management reports and information specified herein shall be submitted for training devices reaching the stated milestones...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR74.1] [Page 373] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 74--APPOINTMENT OF DOCTORS OF OSTEOPATHY AS MEDICAL OFFICERS--Table of Contents Sec. 74.1 Purpose. The purpose of this part is to implement the provisions of Pub. L. 763, 84th Congress (70 Stat. 608), relating to the appointment of doctors of osteopathy as medical officers. ...


doctors of osteopathy as medical officers: (a) To be eligible for appointment as Medical Corps officers in the Army and Navy or designated as medical officers in the...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR75.1] [Page 374] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 75--CONSCIENTIOUS OBJECTORS--Table of Contents Sec. 75.1 Purpose. This part updates uniform Department of Defense procedures governing conscientious objectors and processing requests for discharge based on conscientious objection. ...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR75.2] [Page 374] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 75--CONSCIENTIOUS OBJECTORS--Table of Contents Sec. 75.2 Applicability and scope. The provisions of this part apply to the military departments and govern the personnel of the Army, Navy, Air Force, and Marine Corps and all Reserve components thereof. ...


religious training and belief. (1) Class 1-O conscientious objector. A member, who, by reason of conscientious objection, sincerely objects to participation of any...


a judgment of the facts and circumstances in the case. However, insofar as may be consistent with the effectiveness and efficiency of the military services, a request...


and service based on conscientious objection. (a) Consistent with the national policy to recognize the claims of bona fide conscientious objectors in the...


an application therefor. The applicant will indicate whether he is seeking a discharge or assignment to noncombatant duties and will include the following terms: ...


be discharged for the convenience of the Government with entry in personnel records and discharge papers that the reason for separation is conscientious objection. The...


erroneously assigned to combatant training or duty, for any of the following reasons: (1) Although determined to be a conscientious objector by a local board...


or assignment to noncombatant duties, as a conscientious objector, will provide the information indicated below as the minimum required for consideration of his request....


benefits administered by the Veterans Administration due to discharge from the military service as a conscientious objector under certain conditions. I understand that...


my religious training and belief, I consider myself to be a conscientious objector within the meaning of the statute and regulations governing conscientious objectors and...


prescribing procedures to: (a) Encourage and assist separating Service members, Service members retiring with 20 or more years of service, DoD...


of the Joint Chiefs of Staff, the Unified Combatant Commands, and the Defense Agencies (hereafter referred to collectively as ``the DoD Components''). The term...


(d) (1) through (12) of this section. ``Nonprofit'' is defined as having been recognized by the Internal Revenue Service as having a tax-exempt status under 26 U.S.C....


community service employment. (b) Service members determined to be eligible by the Secretary of their Military Department for, and who do request retirement with fewer than...


(2) Establish policy and provide guidance related to public and community service employment. (3) Provide program information to the public on the Department...


normally, within 90 days of their retirement date, for public and community service (PACS) employment, and refer them to a Transition Assistance Program Counselor...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR78.1] [Page 393] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 78--VOLUNTARY STATE TAX WITHHOLDING FROM RETIRED PAY--Table of Contents Sec. 78.1 Purpose. Under 10 U.S.C. 1045, this part provides implementing guidance for voluntary State tax withholding from the retired pay of uniformed Service members. ...


agreement with the Department of Transportation), the Public Health Service (PHS) (under agreement with the Department of Health and Human Services and the National...


duty of withholding sums from the compensation of employees and making returns of such sums to the State, or grants employers generally the authority to withhold sums...


retired pay when the Department of Defense has an agreement for such withholding with the State named in the request. (b) The Department of Defense shall enter into...


payment requirements (biweekly, monthly, or quarterly) of the state, city, or county tax laws currently in effect will be observed by the Uniformed Services....


have the authority to change or modify the procedures set forth. (b) The Secretaries of the Military Departments and Heads of the other Uniformed Services shall comply...


Article I--Purpose This agreement, hereafter referred to as the ``Standard Agreement,'' establishes administrative procedures and...


and related services to children with disabilities (ages 3-21 inclusive) entitled to receive special educational instruction or early intervention services from...


the Inspector General of the Department of Defense, the Defense Agencies, and the DoD Field Agencies (hereafter referred to collectively as ``the DoD Components''). ...


the Inspector General of the Department of Defense, the Defense Agencies, and the DoD Field Agencies (hereafter referred to collectively as ``the DoD Components''). ...
...


appropriate education under this part in accordance with the IDEA as amended, 20 U.S.C. Chapter 33; Pub. L. 102-119, Section 23; and DoD Directive 1342.21. (b)...


their age would be eligible to attend the Section 6 Arrangement Schools, and their families are provided early intervention services in accordance with IDEA as amended,...


their age would be eligible to attend the Section 6 Arrangement Schools, and their families are provided early intervention services in accordance with IDEA as amended,...
...


and Adoption Proceedings Involving Members and Former Members of the Armed Forces,'' to standardize procedures for the handling of: (a) Paternity claims against members...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR81.2] [Page 419] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 81--PATERNITY CLAIMS AND ADOPTION PROCEEDINGS INVOLVING MEMBERS AND FORMER MEMBERS OF THE ARMED FORCES--Table of Contents Sec. 81.2 Applicability. The provisions of this part apply to the Military Departments. ...


the Armed Forces who are on active duty will be transmitted to the individual concerned by the appropriate military authorities. (2) If there exists a judicial order...


of DoD personnel and other beneficiaries. (b) This part replaces 32 CFR part 203 and establishes policy on smoking in DoD occupied buildings...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR85.2] [Page 420] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 85--HEALTH PROMOTION--Table of Contents Sec. 85.2 Applicability and scope. (a) This part applies to the Office of the Secretary of Defense (OSD), the Military Departments, and the Defense Agencies. (b) It is directed to all military personnel and retirees, their families, and, where specified, to civilian employees. ...


and environmental alterations that will improve or protect health. It includes those activities intended to support and influence individuals in managing their own...


and comprehensive health promotion program. (b) Foster an environment that enhances the development of healthful lifestyles and high unit performance. ...


this part, executing this responsibility in cooperation with the Assistant Secretary of Defense (Force Management and Personnel) and the Assistant Secretary of Defense...


to integrate the activities of the medical and personnel departments. [[Page 422]] (b) A Health Promotion Coordinating Committee shall be established...


(b) Requires procedures for existing and newly hired individuals and includes a review of personnel and security records to include a Federal Bureau of Investigation...


Chairman of the Joint Chiefs of Staff and the Joint Staff, the Unified and Specified Commands, the Inspector General of the Department of Defense, the Defense Agencies, and the...


hired by DoD Components with appropriated funds as defined in the FPM, Chapter 731. This includes temporary employees, 18 years old or older, who work...


screening applicants for positions involving child care services on DoD installations and in DoD activities. (b) Provide fair, impartial, and equitable treatment before...


for conducting criminal history background checks on individuals seeking positions involving child care services. (2) Monitor compliance with this part. (3)...


for conducting criminal history background checks on individuals seeking positions involving child care services. (2) Monitor compliance with this part. (3)...
...


Transition Assistance Initiatives,'' June 7, 1991, establishes policy, and assigns responsibilities for transition assistance programs [[Page 436]] for...


Joint Chiefs of Staff, the Unified Combatant Commands, and the Defense Agencies (hereafter referred to collectively as ``the DoD Components''). The term ``Military Services,''...


she was on active duty or full-time National Guard duty on September 30, 1990 and: (1) In the case of a Regular officer (other than a retired officer), he or she...


and self-confidence necessary to ensure successful reentry into the Nation's civilian work force. (b) Transition assistance programs be designed to complete...


for Service members and their families, as necessary. (2) Coordinate, as necessary, within the Department of Defense to ensure the availability of high...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR88.6] [Page 438] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 88--TRANSITION ASSISTANCE FOR MILITARY PERSONNEL--Table of Contents Sec. 88.6 Information requirements. The quarterly report requirement in Sec. 88.5(d)(6) has been assigned Report Control Symbol DD-P&R(Q) 1927. ...


Information in Litigation and Testimony by DoD Personnel as Witnesses,'' July 23, 1985, reprinted in 32 CFR...


in the National Security Agency/Central Security Service including all field sites (hereinafter referred to collectively as NSA). The procedures herein are also...


of a summons and complaint, or other document the purpose of which is to give notice of a proceeding or to establish the jurisdiction of a court or...


or otherwise protected from public disclosure, should generally be made reasonably available for use in Federal and State courts and by other...


NSA personnel shall not produce, disclose, release, comment upon, or testify concerning any official information during litigation without the prior written approval...


may charge reasonable fees to parties seeking, by request or demand, official information not otherwise available under the Freedom of Information Act, 5 U.S.C. 552. Such fees...


responsible for overseeing NSA compliance with Sec. 93.1(a) and this part 93, and for consulting with DoJ when appropriate. In response to a litigation demand requesting...


Armed Forces of the United States and to (b) militarily certify alien dependents seeking naturalization under the provisions of Immigration and Nationality Act of 1952,...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR94.2] [Page 443] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE Sec. 94.2 Applicability. The provisions of this part apply to the Military Departments. ...


adjusted to that of an alien lawfully admitted for permanent residence. (b) Armed Forces of the United States denotes collectively all components of the Army, Navy,...


U.S.C. 1439, an alien who has served in the Armed Forces of the United States for a period(s) totaling three (3) years may be naturalized if he: (i) Has been lawfully...


(Submit original form only). (b) N-402 Application to File a Petition for Naturalization (Child) (Submit original form only). (c) G-325 Biographic...


guidance concerning the acquisition of criminal history record information for use in determining an enlistment applicant's suitability for entry and for participation in...


and the Defense Investigative Service (DIS). The term ``Military Services,'' as used herein, refers to the Army, Navy, Air Force, and...


citation, or conviction). The offense involved; age of the person involved; dates of arrest, citation, or conviction, if any; place of the alleged offense; place of arrest...


conduct intensive recruiting campaigns to obtain enlistments. It is the policy of the Department of Defense that the Military Services review the background of applicants...


submit the implementing Military Service regulations to the Senate and House Committees on Armed Services, in accordance with section 520a of title 10 U.S. Code. ...


and receive criminal history record information from the criminal justice system. (b) The Military Services shall obtain criminal history record information on...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR97.1] [Page 448] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 97--RELEASE OF OFFICIAL INFORMATION IN LITIGATION AND TESTIMONY BY DoD PERSONNEL AS WITNESSES--Table of Contents Sec. 97.1 Purpose. This directive establishes policy, assigns responsibilities, and prescribes procedures for the release of official DoD information in litigation and for testimony by DoD personnel as witnesses during litigation. ...


(OSD), the Military Departments, the Organization of the Joint Chiefs of Staff (OJCS), the Unified and Specified Commands, and the Defense Agencies (hereafter referred to...


other specific authority, for the production, disclosure, or release of official DoD information or for the appearance and testimony of DoD personnel as witnesses. ...


for use in Federal and State courts and by other governmental bodies unless the information is classified, privileged, or otherwise protected from...


and procedural guidance by the issuance of supplemental instructions or specific orders concerning the release of official DoD information in litigation and the testimony of...


official DoD information or the testimony of DoD personnel as witnesses, the General Counsels of DoD, Navy, and the Defense Agencies; the Judge Advocates General of the...


(CIA) has the right to criminal history information of States and local criminal justice agencies in order to determine whether a person may: (1) Be eligible...


collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, indictments, information, or other...


agreement. (a) To be eligible for an indemnification agreement a State or locality must have had a law in effect on December 4, 1985 that prohibited or had...


locality must [[Page 453]] notify each Federal agency as appropriate, at the address listed in the appendix to this part, of its eligibility of an...


the following provisions: (a) Eligibility: The State or locality must certify that its law prohibits or has the effect of prohibiting the disclosure of criminal...


Reserve [[Page 454]] whose performance of duty or participation in Reserve training is unsatisfactory; and provides greater flexibility to the Military...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR100.2] [Page 454] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 100--UNSATISFACTORY PERFORMANCE OF READY RESERVE OBLIGATION--Table of Contents Sec. 100.2 Applicability. The provisions of this part apply to the Office of the Secretary of Defense and the Military Departments. ...


under the provisions of 10 U.S.C. 510, 511, 593, 597, or 651 and 32 U.S.C. 302 are expected to participate and perform satisfactorily as members of the Ready Reserve...


obligations for satisfactory participation in the Ready Reserve before their enlistment or appointment. (b) Members of the Ready Reserve continue to understand...


their statutory military service obligation under 10 U.S.C. 651 and whose participation has not been satisfactory may be: (i) Ordered to active duty, if they have...


to active duty as outlined in 10 U.S.C. 672 and 673. (b) Selected Reserve. Members of the Ready Reserve in training/pay categories A, B, C, F, M and P. These...


the [[Page 459]] Reserve components of the U.S. Armed Forces who are subject to the provisions of 10 U.S.C. and 32 U.S.C., and (b) uniform DoD policy for...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR101.2] [Page 459] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 101--PARTICIPATION IN RESERVE TRAINING PROGRAMS--Table of Contents Sec. 101.2 Applicability. The provisions of this part apply to the Office of the Secretary of Defense and the Military Departments. ...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR101.3] [Page 459] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 101--PARTICIPATION IN RESERVE TRAINING PROGRAMS--Table of Contents Sec. 101.3 Definitions. For the purposes of administering 10 U.S.C. 270(a), the terms enlisted and appointed refer to initial entry into an armed force through enlistment or appointment. ...


satisfactory participation in Reserve training programs by members of Reserve components of the U.S. Armed Forces and exceptions thereto, consistent with...


appointed in the U.S. Armed Forces after August 9, 1955, who becomes a member of the Ready Reserve (by means other than through membership in the Army National Guard of...


the Secretaries of the Military Departments concerned will be no less than the training required to maintain the proficiency of the unit and the skill of the individual....


as set forth in Sec. 101.6, may be: (a) Ordered to active duty; or (b) Ordered to active duty for training; or (c) Transferred to, or retained in...


or training periods, correspondence courses, and such other active or inactive duty training as they consider appropriate for members of the Reserve components who may...


apply for uniformed service, of their civilian employment and reemployment rights, benefits and obligations. (b) Implements 38 U.S.C. chapter 43, which...


the Department of Transportation; the Chairman of the Joint Chiefs of Staff; and the Defense Agencies (referred to collectively in this part as ``the DoD...


which the incumbent possesses unique knowledge, extensive experience, and specialty skill training to successfully fulfill the duties or responsibilities in support of the...


43, and individuals who apply for uniformed service of their rights, benefits, and obligations under 38 U.S.C. Chapter 43. Such actions include: (a)...


Veterans Affairs, the Office of Personnel Management (OPM), and other appropriate Departments and activities of the executive branch, determine actions necessary to...


Veterans Affairs, the Office of Personnel Management (OPM), and other appropriate Departments and activities of the executive branch, determine actions necessary to...
...


the Military Departments, ``Employment of Spouses of Members of the Armed Forces,'' October 22, 1987 and Secretary of Defense Memorandum for Secretaries of the Military...


their National Guard and Reserve components), the Organization of the Joint Chiefs of Staff (OJCS), the Unified and Specified Commands, the Defense Agencies, and the DoD...


Marital status. Married, single, divorced, widowed, or separated. Military Services. The Army, Navy, Air Force, Marine Corps, and Coast...


spouse of a military member to pursue and hold a job, attend school, or perform volunteer services on or off a military installation. Moreover, no DoD official shall use...


compliance with this part. (b) The Secretaries of the Military Departments shall issue regulations, enforceable under the Uniform Code of Military Justice (UCMJ),...


shall forward two copies of implementing documents to the Assistant Secretary of Defense (Force Management and Personnel) within 60...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR107.1] [Page 473] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 107--PERSONAL SERVICES AUTHORITY FOR DIRECT HEALTH CARE PROVIDERS-- Table of Contents Sec. 107.1 Purpose. This part establishes policy under 10 U.S.C. 1091, ``Contracts For Direct Health Care Providers,'' and assigns responsibility for implementing the authority for personal services contracts for direct health care providers. ...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR107.2] [Page 473] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 107--PERSONAL SERVICES AUTHORITY FOR DIRECT HEALTH CARE PROVIDERS-- Table of Contents Sec. 107.2 Applicability and scope. (a) This part applies to the Office of the Secretary of Defense (OSD) and the Military Departments. (b) It applies only to personal services contracts awarded under 10 U.S.C. 1091 for direct health care providers. ...


contractor personnel appear, in effect, to be government employees. (b) Direct Health Care Providers. Health services personnel who participate in clinical patient care...


medical mission of the Military Departments, personal services contracts under 10 U.S.C. 1091 may be executed. (b) It is the purpose of personal services contracts...


or partnership, for the personal services of an individual must contain language specifically acknowledging the individual as a personal services contractor...


contracting program, ensuring that effective means of obtaining adequate quality care is achieved in compliance with the FAR, part 37. The portion of the Military...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR110.1] [Page 474] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE Sec. 110.1 Reissuance and purpose. This part reissues 32 CFR part 110 implementing Pub. L. 88-647, 92- 171, and 98-94 and updates policy, assigns responsibilities, and prescribes procedures for determining commutation rates for Reserve Officers' Training Corps (ROTC) detachments offered commutation funds instead of uniforms. ...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR110.2] [Page 474] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE Sec. 110.2 Applicability. This part applies to the Office of the Secretary of Defense (OSD), the Military Departments, and the Defense Logistics Agency (DLA) (hereafter referred to collectively as ``DoD Components''). The term ``Military Services,'' as used herein, refers to the Army, Navy, Air Force, and Marine Corps. ...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR110.3] [Page 474-475] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE Sec. 110.3 Policy. It is DoD policy to provide subsistence allowance in accordance with Pub. L. 92-171 and to eligible participants of senior ROTC programs and commutation funds instead of uniforms (section [[Page 475]] 2110, Pub. L. 88-647) for members of senior ROTC programs at eligible schools. ...


Departments regarding the functioning of the ROTC program. (3) Announce the standard rates of commutation instead of uniforms to the Military Departments not later...


civilian colleges or universities. (1) The classification MC shall be assigned to units established in: (i) Essentially military colleges or universities that, for...


Commutation Allowance Zone I 1. Alabama 2. Arizona, only 100 mile-wide belt along south border 3....


for processing involuntary allotments from the pay of military members to satisfy judgment indebtedness in accordance with 5 U.S.C. 5520a(k). (b)...


is not operating as a Military Service in the Navy by agreement with the Department of Transportation), the Chairman of the Joint Chiefs of Staff,...


court proceedings; failing to be represented at court proceedings by counsel of the member's choosing; or failing to timely respond to pleadings, orders, or motions. ...


failure to pay a just financial obligation may result in disciplinary action under the Uniform Code of Military Justice (10 U.S.C. 801-940) or a claim pursuant to...


Defense (Comptroller), establish procedures for the processing of [[Page 483]] debt complaints and involuntary allotments. (2) Have policy oversight on...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR113.1] [Page 484] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 113--INDEBTEDNESS PROCEDURES OF MILITARY PERSONNEL--Table of Contents Sec. 113.1 Purpose. This part implements policy, assigns responsibilities, and prescribes procedures under 32 CFR part 112 governing delinquent indebtedness of members of the Military Services. ...


is not operating as a Military Service in the Navy by agreement with the Department of Transportation), the Chairman of the Joint Chiefs of Staff, the Unified...


throughout the judicial proceeding from which the judgment was issued that is the basis for a request for enforcement through involuntary allotment. (b) Applicant....


the Military Services and involuntary allotments from the pay of members of the Military Services. (b) An involuntary allotment shall not exceed the lesser of...


(b) The Under Secretary of Defense (Comptroller) shall ensure Defense Finance and Accounting Service (DFAS) implementation of this part. (c) The Heads of the DoD Components...


(b) The Under Secretary of Defense (Comptroller) shall ensure Defense Finance and Accounting Service (DFAS) implementation of this part. (c) The Heads of the DoD Components...
...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR142.1] [Page 500] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 142--COPYRIGHTED SOUND AND VIDEO RECORDINGS--Table of Contents Sec. 142.1 Purpose. This part provides policy, prescribes procedures, and assigned responsibilities regarding the use of copyrighted sound and video recordings within the Department of Defense. ...


the Joint Chiefs of Staff, the Unified and Specified commands, and the Defense Agencies (hereafter referred to collectively as ``DoD Components''). (b) This part does...


by individuals within the DoD community, consistent with the Department's unique mission and worldwide commitments, and (2) Not to condone, facilitate, or permit...


(b) Component procedures established pursuant to Sec. 142.5, below provide guidance for determining whether a performance is ``public.'' These general principles will...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR142.5] [Page 500] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 142--COPYRIGHTED SOUND AND VIDEO RECORDINGS--Table of Contents Sec. 142.5 Responsibilities. Heads of DoD Components shall establish procedures to comply with this Directive and shall provide necessary local guidance and legal interpretation. ...


to reflect revisions in policies and procedures for organizations whose objective is to organize or represent members of the Armed Forces of the United States for purposes...


this part apply to: (1) Department of Defense Components, which include the Office of the Secretary of Defense, the Military Departments, the Organization of the...


under Public Law 95-610 that: 1. Members of the armed forces of the United States must be prepared to fight and, if necessary, to die to protect the welfare, security,...


enrollment. (1) A member of the armed forces, knowing of the activities or objectives of a particular military labor organization, may not: (i) Join or maintain membership...


part does not limit the right of any member of the armed forces to: (1) Join or maintain membership in any lawful organization or association not constituting a...


(1) Ensure compliance with this part and with the guidelines contained in enclosure 1. (2) Establish procedures to ensure that any action initiated under...


A member of the armed forces who is serving on active duty, or a member of a Reserve component while performing inactive duty training. (b) Military labor...


determinations are as follows: (a) In determining whether an organization is a military labor organization, whether a person is a member of a military...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR144.1] [Page 504] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 144--SERVICE BY MEMBERS OF THE ARMED FORCES ON STATE AND LOCAL JURIES-- Table of Contents Sec. 144.1 Purpose. This part implements 10 U.S.C. 982 to establish uniform Department of Defense policies for jury service by members of the Armed Forces on active duty. ...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR144.2] [Page 504] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 144--SERVICE BY MEMBERS OF THE ARMED FORCES ON STATE AND LOCAL JURIES-- Table of Contents Sec. 144.2 Applicability. The provisions of this part apply to active-duty members of the Armed Forces. ...


a Service in the Navy. (b) State. Includes the fifty United States, U.S. Territories, District of Columbia, and the Commonwealth of Puerto Rico. (c) Active...


with their military duties. For service members stationed in the United States, serving on a State or local jury is one such civic obligation. Service members...


by the Secretary concerned, shall determine whether Service members shall be exempt from jury duty. This authority may be delegated no lower than to commanders authorized...


(a) When a Service member on active duty is summoned to perform State or local jury duty, the Secretary concerned, or the official to whom such authority has been...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR144.7] [Page 505] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 144--SERVICE BY MEMBERS OF THE ARMED FORCES ON STATE AND LOCAL JURIES-- Table of Contents Sec. 144.7 Effective date and implementation. This part is effective June 13, 1988. ...


cooperation with the Office of Special Counsel (OSC) of the Merit Systems Protection Board (MSPB) in fulfilling the responsibilities of the Special Counsel under Pub. L....


Military Departments, the Office of the Joint Chiefs of Staff (OJCS), the Inspector General, Department of Defense (IG, DoD) and the Defense Agencies (hereafter referred...


connection with Government misconduct; or (b) Mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health...


civilian and military, shall conform to laws and regulations implementing established merit system principles and must be free of any prohibited personnel...


Agency (DLA), shall prescribe implementing documents to ensure that: (1) The policies, standards, and procedures set forth in this part are administered in...


U.S.C. 1206(b)(2), (3), or (c)(3). (1) Allegations of improper or illegal conduct referred by the OSC to the Secretary of Defense or to a Defense agency (other than the DLA)...


(b) Establishes policy and procedures for the return to the United States of, or other action affecting, DoD members and employees serving outside...


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,...


impose criminal sanctions on a DoD member, employee, or family member. DoD Employee. A civilian employed by a DoD Component, including an individual paid from...


provisions of applicable international agreements, and ongoing DoD investigations and courts-martial, the Department of Defense shall cooperate with courts and State...


DoD) shall: (1) Issue Instructions and other guidance, as necessary, to implement this part. (2) Review and approve the implementing documents issued by...


State, or local official concerning a court order described in Sec. 146.4(a), the Head of the DoD Component concerned, or designee, shall determine whether the request...


guidelines are established for all United States Government civilian and military personnel, consultants, contractors, employees of contractors, licensees,...


adjudicative process is an examination of a sufficient period of a person's life to make an affirmative determination that the person is eligible for a security...


(a) The concern. An individual must be of unquestioned allegiance to the United States. The willingness to safeguard classified information is in doubt if there is...


(a) The concern. A security risk may exist when an individual's immediate family, including cohabitants and other persons to whom he or she may be bound by affection, influence,...


(a) The concern. When an individual acts in such a way as to indicate a preference for a foreign country over the United States, then he or she may be prone to provide...


(a) The concern. Sexual behavior is a security concern if it involves a criminal offense, indicates a personality or emotional disorder, may subject the individual to...


(a) The concern. Conduct involving questionable judgment, untrustworthiness, unreliability, lack of candor, dishonesty, or unwillingness to comply with rules and regulations...


(a) The concern. An individual who is financially overextended is at risk of having to engage in illegal acts to generate funds. Unexplained affluence is often linked...


(a) The concern. Excessive alcohol consumption often leads to the exercise of questionable judgment, unreliability, failure to control impulses, and increases the risk...


(a) The concern. (1) Improper or illegal involvement with drugs raises questions regarding an individual's willingness or ability to protect classified information. Drug abuse...


disorders. (a) The concern: Emotional, mental, and personality disorders can cause a significant deficit in an individual's psychological, social and...


(a) The concern. A history or pattern of criminal activity creates doubt about a person's judgment, reliability and trustworthiness. (b) Conditions that could raise a...


(a) The concern. Noncompliance with security regulations raises doubt about an individual's trustworthiness, willingness, and ability to safeguard classified information. ...


(a) The concern. Involvement in certain types of outside employment or activities is of security concern if it poses a conflict with an individual's security responsibilities...


(a) The concern. Noncompliance with rules, procedures, guidelines, or regulations pertaining to information technology systems may raise security...


investigative standards are established for all United States Government civilian and military personnel, consultants, contractors, employees of contractors,...


There are three standards (Attachment D to this subpart part summarizes when to use each one): (a) The investigation and reinvestigation standards for ``L'' access...


Some elements of standards specify a period of coverage (e.g. seven years). Where appropriate, such coverage may be shortened to the period from the subject's...


Investigations and reinvestigations may be expanded under the provisions of Executive Order 12968 (60 FR 40245, 3 CFR 1995 Comp., p. 391) and other applicable statutes and...


satisfy the requirements of a given standard and are current meet the investigative requirements for all levels specified for the standard. They shall be mutually...


person who requires access has been retired or separated from U.S. government employment for less than two years and is the subject of an investigation that is otherwise current,...


The National Agency Check is a part of all investigations and reinvestigations. It consists of a review of; (a) Investigative and criminal history files of the FBI,...


The following minimum investigative standards, implementing section 3.3 of Executive Order 12968, Access to Classified Information, are established for all United States...


Based on a justified need meeting the requirements of section 3.3 of Executive Order 12968, temporary eligibility for access may be granted before investigations...


the confidential and secret levels and temporary eligibility for ``L'' access authorization. As a minimum, such temporary eligibility requires completion of...


Temporary eligibility for access must satisfy these minimum investigative standards, but agency heads may establish additional requirements based on the sensitivity...


Intergency reciprocal acceptance . Interagency reciprocal acceptance of security policies and procedures for approving, accrediting, and maintaining the secure...


Classified programs. Once a facility is authorized, approved, certified, or accredited, all U.S. Government organizations desiring to conduct classified programs at...


Security review. After initial security authorization, approval, certification, or accreditation, subsequent security reviews shall normally be conducted no more...


Policy documentation. Agency heads shall ensure that any policy documents their agency issues setting out facilities security policies and procedures incorporate the...


Idenfification of the security policy board. Agencies which authorize, approve, certify, or accredit facilities shall provide to the Security Policy Board Staff a points...


Agency review. Agencies will continue to review and assess the potential value added to the process of co-use of facilities by development of electronic data...


148.10 General. (a) Redundant, overlapping, and duplicative policies and practices that govern the co-use of facilities for classified purposes...


148.11 Policy. (a) Agency heads, or their designee, shall ensure that security policies and procedures for which they are responsible are...


148.12 Definitions. Agency. Any ``executive agency,'' as defined in 5 U.S.C. 105; any ``Military department'' as defined in 5 U.S.C. 102; and any...


148.13 Responsibilities. (a) Each Senior Agency Official shall ensure that adequate reciprocity provisions are incorporated within his or her...


148.14 Procedures. (a) Agencies that authorize, approve, certify, or accredit facilities shall provide to the SPB Staff a points of contact list...


data, and sensitive but unclassified information, shall, in response to specific threat data and based on risk management principles, determine the need for...


(1) Provide TSCM support consisting of procedures and countermeasures determined to be appropriate for the facility, consistent with risk management...


(60 FR 19825, 3 CFR 1995 Comp., p. 333) or any predecessor order to require protection against unauthorized disclosure and is marked to indicate its classified status when...


Army Court of Criminal Appeals.'' (2) ``United States Navy-Marine Corps Court of Criminal Appeals.'' (3) ``United States Air Force Court of Criminal Appeals.'' ...


by court-martial in which the sentence as approved extends to: (i) Death; or (ii) Dismissal of a commissioned officer, cadet or midshipman, dishonorable...


the findings and sentence as approved by the convening authority. In reviewing a case or action under Article 69(d) or in determining an appeal under Article 62, the Court may...


the purpose of hearing or determining any matter referred to the panel. The determination of any matter referred to the panel shall be according to the opinion of a majority...


General is required by this part, such papers shall be filed in the office of the Judge Advocate General of the appropriate armed force or in such other place as the...


military grade (if any), and the capacity in which the paper is signed. Such signature constitutes a certification that the statements made therein are true and correct...


by any applicable statute, the day of the act, event or default after which the designated period of time begins to run is not to be included. The last day of the period so computed...


the bar of a Federal Court, the highest court of a State or another recognized bar. (b) Military counsel. Assigned appellate defense and appellate government...


pursuant to Rule for Courts- Martial 109 by the Judge Advocate General of the service concerned. However, the Court may exercise its inherent power to regulate...


to Article 70(a) or by civilian counsel provided by the accused, or both. An accused who does not waive appellate review pursuant to Rule for Courts-Martial 1110...


by appellate defense counsel, pursuant to Article 70(c)(1), counsel detailed pursuant to Article 70(a) will be assigned to represented the accused; or (2) If...


when the record of trial is received. If both civilian and assigned appellate defense counsel represent the accused, the Court will regard civilian counsel as primary...


the Court. The filing of any pleading relative to a case which contains the signature of counsel constitutes notice of appearance of...


expiration of the period prescribed by the Rule for Courts- Martial 1110(f)(1), will be referred to the Court for consideration. At its discretion, the Court may require...


error if any are to be alleged, setting forth separately each error asserted. The assignment of errors should be included in a brief for the accused in the format set forth...


ordered by the Court. The motion of a party for oral argument shall be made no later than 7 days after the filing of an answer to an appellant's brief. Such motion...


Court as a whole. Such consideration or reconsideration ordinarily will not be ordered except: (i) When consideration by the full Court is necessary to secure or...


when rendered, on appellate defense counsel, including civilian counsel, if any, government counsel and the Judge Advocate General, or designee,...


reconsider its decision or order in any case not later than 30 days after service of such decision or order on appellate defense counsel or on the appellant, if the appellant is...


in the number of copies required by the Court shall be accompanied by proof of service on each party respondent and will contain: (1) A previous history...


Judge Advocate General of the respective service may file an appeal by the United States under Article 62. (b) Counsel. Counsel must be qualified and appointed, and...


by counsel for the accused, a petition for new trial submitted while the accused's case is undergoing review by a Court of Criminal Appeals shall be filed with an original and...


relief sought and the grounds therefor. Motions, pleading, and other papers desired to be filed with the Court may be combined in the same document, with the heading...


extend any time limits prescribed and may dispose of any interlocutory or other appropriate matter not specifically covered by this part, in such manner as may appear to...


provisions of any of this part in a particular case on petition of a party or on its own motion and may order proceedings in accordance with...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR150.26] [Page 536] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 150--COURTS OF CRIMINAL APPEALS RULES OF PRACTICE AND PROCEDURE--Table of Contents Sec. 150.26 Internal rules. The Chief Judge of the Court has the authority to prescribe internal rules for the Court. [[Page 537]] ...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR150.27] [Page 537] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 150--COURTS OF CRIMINAL APPEALS RULES OF PRACTICE AND PROCEDURE--Table of Contents Sec. 150.27 Recording, photographing, broadcasting, or telecasting of hearings. The recording, photographing, broadcasting, or televising of any session of the Court or other activity relating thereto is prohibited unless specifically authorized by the Court. ...


or to a Judge Advocate General. Before acting on any proposed amendments not received from the Chief Judges, the Judge Advocates General shall refer them to the Chief Judges of...


foreign prisons of U.S. military personnel, nationals of the U.S. serving with, employed by, or accompaning the Armed Forces of the United States, and the dependents of...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR151.2] [Page 538] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 151--STATUS OF FORCES POLICIES AND INFORMATION--Table of Contents Sec. 151.2 Applicability. The provisions of this part apply to the Office of the Secretary of Defense, the Military Departments, and the Unified and Specified Commands. As used herein, the term ``Military Services'' refers to the Army, Navy, Air Force, and Marine Corps. ...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR151.3] [Page 538] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 151--STATUS OF FORCES POLICIES AND INFORMATION--Table of Contents Sec. 151.3 Policy. It is the policy of the Department of Defense to protect, to the maximum extent possible, the rights of U.S. personnel who may be subject to criminal trial by foreign courts and imprisonment in foreign prisons. ...


the Senate's consent to ratification of the North Atlantic Treaty (NATO) Status of Forces Agreement (Sec. 151.6). Although the Senate Resolution applies only...


shall be continued after revision in accordance with the provisions herein. The Department of the Army is designated as executive agent within the Department of Defense...


concurring therein), That the Senate advise and consent to the ratification of Executive T, Eighty-second Congress, second session, an agreement between the parties to...


State court criminal proceedings, by virtue of the 14th Amendment as interpreted by the Supreme Court of the United States. The list is intended as a guide for the preparation...


that the Manual for Courts-Martial (MCM), United States, 1984, and subsequent editions, be reviewed annually. (b) Formalizes the Joint Service Committee (JSC) and defines...


the Department of Homeland Security when it is not operating as a Service of the Department of the Navy), the Chairman of the Joint Chiefs of Staff, the Combatant...


the Department of Defense shall review the Manual for Courts-Martial annually, and, as appropriate, propose legislation amending the UCMJ to ensure that the MCM and the...


and approval of legislative proposals to amend the UCMJ, approval of the annual review of the MEM, and coordination of any proposed changes to the MCM under OMB...


the appendix, are intended exclusively for the guidance of military personnel and civilian employees of the Department of Defense, and the United States Coast Guard...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR153.1] [Page 548] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 153--LEGAL ASSISTANCE MATTERS--Table of Contents Sec. 153.1 Purpose. This part implements 10 U.S.C. 301 for persons eligible for military legal assistance by establishing a uniform approach for the execution of military testamentary instruments. ...


the Office of the Inspector General of the Department of Defense, the Defense Agencies, the DoD Field Activities, and all other organizational entities within...


death. The process produces a plan that may include some or all of these: A testator/testatrix will, military testamentary instrument, a trust, life insurance, an advance...


all military personnel shall consider the advisability of making either. Whether a will or military testamentary instrument is necessary or desirable, and its form...


the Military Departments shall insure compliance with this part and establish policies and procedures to implement this part. Appendix A to Part...


ensure that acceptance and retention of personnel in the Armed Forces, acceptance and retention of civilian employees in the Department of Defense (DoD), and granting members...


Defense Personnel Security Program and takes precedence over all other departmental issuances affecting that program. (b) All provisions of this part apply to DoD...


obtain knowledge of classified information. An individual, in fact, may have access to classified information by being in a place where such information is kept, if the...


(a) General. Only U.S. citizens shall be granted a personnel security clearance, assigned to sensitive duties, or granted access to classified...


in applying either of the security standards set forth in Sec. 154.6 (b) and (c) must be an overall common sense determination based upon all available facts. The...


General. The types of personnel security investigations authorized below vary in scope of investigative effort required to meet the purpose of the particular investigation. No...


General. The DIS provides a single centrally directed personnel security investigative service to conduct personnel security investigations within the 50 States, District of...


personnel security determination authorities. Personnel security investigations may be requested and personnel security clearances (including Special Access authorizations...


sensitive positions. Certain civilian positions within the Department of Defense entail duties of such a sensitive nature, including access to classified information, that...


appointment of each civilian employee in any DoD Component is subject to investigation, except for reappointment when the break in employment is less than 12 months. The type...


(a) General. The appointment, enlistment, and induction of each member of the Armed Forces or their Reserve Components shall be subject to the favorable completion of...


authorities designated in paragraph A, Appendix E are the only authorities authorized to grant, deny or revoke DoD personnel security clearances. The granting of such...


is the policy of the Department of Defense to establish, to the extent possible, uniform and consistent personnel security investigative requirements. Accordingly,...


classified information. (a) General. DoD Directive 5200.8 \1\ outlines the authority of military commanders under the Internal Security Act of 1950 to issue...


prohibits unauthorized and unnecessary investigations. There are, however, certain situations and requirements that necessitate reinvestigation of an individual who has already...


Authorized officials. Only an official designated in paragraph G, Appendix E, is empowered to waive the investigative requirements for appointment to a sensitive...


General. Previously conducted investigations and previously rendered personnel security determinations shall be accepted within DoD in accordance with the...


Prior investigations conducted by DoD investigative organizations. As long as there is no break in military service/civilian employment greater than 12 months,...


Prior personnel security determinations made by DoD authorities. (a) Adjudicative determinations for appointment in sensitive positions, assignment to sensitive...


Investigations conducted and clearances granted by other agencies of the Federal government. (a) Whenever a prior investigation or personnel security...


shall be limited to those required to accomplish the Defense mission. Such requests shall be submitted only by the authorities designated in Sec. 154.31....


security investigation shall be accepted only from the requesters designated below: (a) Military Departments. (1) Army. (i) Central Clearance Facility. ...


Authorized requesters shall use the tables set forth in Appendix C to determine the type of investigation that shall be requested to meet the investigative requirement of the...


effective completion of required investigations, all requests for personnel security investigations shall be prepared and forwarded in accordance with Appendix B and...


investigations are conducted in an orderly and efficient manner, requests for priority for individual investigations or categories of investigations shall be kept to...


(a) To conduct the required investigation, it is necessary that the investigative agency be provided certain relevant data concerning the subject of the...


or assignment to sensitive duties is that, based on all available information, the person's loyalty, reliability, and trustworthiness are [[Page...


the requirement of this part and to ensure that DoD personnel security determinations are effected consistent with existing statutes and Executive orders, the head of...


and adjudicative policy to be used in applying the principles at Sec. 154.40 are set forth in Sec. 154.7(a) and Appendix H of this part. The ultimate consideration in making...


favorable or unfavorable, shall be entered into the Defense Clearance and Investigations Index (DCII) on a daily basis, but in no case to exceed 5 working days from...


clearance (as well as the function of determining that an individual is eligible for access to Special Access program information, or is suitable for assignment...


paragraph A, Appendix E shall record the issuance, denial or revocation of a personnel security clearance in the DCII (see Sec. 154.43). A record of the clearance issued shall...


shall be granted to persons whose official duties require such access and who have the appropriate personnel security clearance. Access...


154.48 the personnel security clearance and access eligibility must be withdrawn when the events described therein occur. When regular access to a prescribed level of...


this part, an unfavorable administrative action includes any adverse action which is taken as a result of a personnel security determination, as defined at Sec. 154.3 and...


determination shall be made on a member of the Armed Forces, an employee of the Department of Defense, a consultant to the Department of Defense, or any other...


Any person whose civilian employment in the Department of [[Page 584]] Defense is terminated under the provisions of this part shall not be reinstated...


(a) General. A personnel security determination is an effort to assess the future trustworthiness of an individual in terms of the likelihood of the individual preserving...


an individual in meeting security responsibilities is proportional to the degree to which the individual understands them. Thus, an integral part of the DoD security...


of personnel security reports and records, particularly with regard to individual privacy, it is Department of Defense policy that such personal information shall...


for administering the DoD personnel security program and all DoD personnel authorized access to personnel security reports and records shall ensure that the use of...


investigative reports and personnel security clearance determination information shall be authorized only in accordance with 32 CFR parts 286 and 286a and with...


investigative reports and personnel security determination information shall be safeguarded as follows: (a) Authorized requesters shall control and maintain...


investigative reports, to include OPM NACIs may be retained by DoD recipient organizations, only for the period necessary to complete the purpose for which it was...


is classified by a foreign government is exempt from public disclosure under the Freedom of Information and Privacy Acts. Further, information provided by foreign...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR154.75] [Page 588] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 154--DEPARTMENT OF DEFENSE PERSONNEL SECURITY PROGRAM REGULATION-- Table of Contents Subpart K--Program Management Sec. 154.75 General. To ensure uniform implementation of the DoD personnel security program throughout the Department, program responsibility shall be centralized at DoD Component level. ...


for Command, Control, Communications, and Intelligence (ASD(C31)) shall have primary responsibility for providing guidance, oversight, development and approval for policy...


personnel security program management data by the Defense Data Manpower Center (DMDC) by December 31 each year for the preceding fiscal year. To facilitate...


personnel security program management data by the Defense Data Manpower Center (DMDC) by December 31 each year for the preceding fiscal year. To facilitate...
...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR155.1] [Page 615] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 155--DEFENSE INDUSTRIAL PERSONNEL SECURITY CLEARANCE PROGRAM--Table of Contents Sec. 155.1 Purpose. This part updates policy, responsibilities, and procedures of the Defense Industrial Personnel Security Clearance Review Program implementing E.O. 10865, as amended. [57 FR 5383, Feb. 14, 1992, as amended at 59 FR 48565, Sept. 22, 1994] ...


Chairman of the Joint Chiefs of Staff and the Joint Staff, the Inspector General of the Department of Defense (IG, DoD), and the Defense Agencies (hereafter referred...


holds or requires a limited access authorization for access to classified information needed in connection with his or her employment in the private sector; any U.S. citizen...


impartial manner. (b) A clearance decision reflects the basis for an ultimate finding as to whether it is clearly consistent with the national interest to grant or continue...


(1) Establish investigative policy and adjudicative standards and oversee their application. (2) Coordinate with the General Counsel of the Department of Defense...


An applicant is required to give, and to authorize others to give, full, frank, and truthful answers to relevant and material questions needed by the DOHA to reach a clearance...


18 FR 2489, 3 CFR, 1949-1953 Comp., p. 936; E.O. 10865, 25 FR 1583, 3 CFR, 1959-1963 Comp., p. 398; E.O. 12333, 46 FR 59941, 3 CFR, 1981 Comp., p.200; and E.O. 12356, 47 FR...


the Coast Guard when it is operating as a Military Service in the Navy), the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Unified and...


Defense, accepted for entrance into the Armed Forces of the United States, authorized access to classified information, or assigned to duties that are subject to investigation...


(1) Be responsible for overall policy, guidance, and control of the DoDPSP. (2) Develop and implement plans, policies, and procedures for the DoDPSP. ...


assigns responsibilities for the systematic declassification review of information classified under E.O. 12356 and Information Security Oversight Office Directive No. 1,...


the Secretary of Defense (OSD) and to [[Page 624]] activities assigned to the OSD for administrative support, the Military Departments, the Organization of the...


or resulting from the activities and operations involved in the production of signals intelligence (SIGINT) or to the maintenance of communications security (COMSEC). ...


information that warrants protection against unauthorized disclosure is properly classified and safeguarded as well as to facilitate the flow of unclassified information...


as defined by 44 U.S.C. 2103, that has been accessioned into the National Archives of the United States, will be reviewed systematically for declassification by...


shall: (1) Exercise oversight and policy supervision over the implementation of this part. (2) Request DoD Components to review Secs. 158.7 through 158.11 of...


The following categories of information shall be reviewed systematically for declassification by designated DoD review in accordance with this part: (a)...


of the Army systems. The following categories of Army information shall be reviewed systematically for declassification by designated DoD reviewers in...


the Navy systems. The following categories of Navy information shall be reviewed systematically for declassification by designated DoD reviewers in accordance...


of the Air Force systems. The Department of the Air Force has determined that the categories identified in Sec. 158.7 of this part shall apply to Air...


public knowledge of the subject matter; changes in military plans, operations, systems, or equipment; changes in the foreign relations or defense commitments of...


to defend, or not to defend, identifiable areas, or along identifiable lines, in any foreign country or region. (b) Statements of U.S. intent militarily to attack in...


or SIGINT. (Information in this category shall continue to be forwarded to the NSA/CSS in accordance with Sec. 158.11(d). The NSA/CSS shall arrange for...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR160.1] [Page 631] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 160--DEFENSE ACQUISITION REGULATORY SYSTEM--Table of Contents Sec. 160.1 Purpose. This part establishes policy and procedures for the management and operation of the Department of Defense acquisition regulatory system. ...


Military Departments and the Defense Agencies. These provisions also apply to other Federal agencies that are directed by the Office of Federal Procurement Policy (OFPP),...


Defense to include the management and business functions and disciplines involved in establishing and continuing the relationship. (b) Contracts. A function including...


regulations to guide managers in the conduct of DoD acquisition activities and also to provide the detailed functional regulations required to govern DoD contractual...


\1\ Copies may be obtained, at cost, from the National Technical Information...


Military Departments; Chairman, Joint Chiefs of Staff and the Joint Staff; the Defense Agencies; and the DoD Field Activities (hereafter referred to collectively as the...


facilities in operation meeting DoD capitalization requirements. (b) Economic Life. The time period over which the benefits to be gained from a project may reasonably...


the Defense Planning, Programming, and Budgeting System (PPBS) DoD Instruction 7045.7.\4\ PECI planning shall include the productivity investment fund (PIF), the...


and guidance for the overall DoD PECI program. (2) Maintain oversight of the PECI program to ensure implementation of this instruction. Through FY 1993 that...


financing of PECI projects: (a) Document each PECI project to ensure that it is: (1) A desirable action in accordance with the DoD Component's long- range...


all PECI programs as outlined in appendix A to this part. The DoD Components shall maintain the data at a central point to support reporting requirements. (b) The...


October 22, 1968, as amended for calculating and assessing nonrecurring cost recoupment charges on sales of items developed for or by the Department of Defense...


Chairman of the Joint Chiefs of Staff and the Joint Staff, the Unified and Specified Commands, the Defense Agencies, and the DoD Field Activities (hereafter referred to...


research, development, test, and evaluation cost pool comprises the costs described in paragraph (f), of this section. The nonrecurring production cost pool...


equipment only as required by Act of Congress (e.g., Arms Export Control Act). (b) The Under Secretary of Defense for Policy may grant a waiver to recoupment charges...


(b) The Under Secretary of Defense (Acquisition) shall take appropriate action to revise the DoD Federal Acquisition Regulation Supplement in accordance with...


for the applicable major defense equipment. Recovery of nonrecurring cost recoupment charges shall cease upon the recovery of total DoD costs. Such charges shall be based on...


recoupment of a proportionate amount of nonrecurring cost of major defense equipment from foreign military sales customers but authorizes consideration of reductions or waivers...


(NDSEG) Fellowships, as required by 10 U.S.C. 2191. (b) Authorizes, in accordance with 10 U.S.C. 2191 and consistent with DoD 5025.1, the publication of...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR168a.2] [Page 641] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 168a--NATIONAL DEFENSE SCIENCE AND ENGINEERING GRADUATE FELLOWSHIPS-- Table of Contents Sec. 168a.2 Applicability. This part applies to the Office of the Secretary of Defense (OSD), the Military Departments, and the Defense Agencies (hereafter referred to collectively as ``DoD Components''). ...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR168a.3] [Page 641] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 168a--NATIONAL DEFENSE SCIENCE AND ENGINEERING GRADUATE FELLOWSHIPS-- Table of Contents Sec. 168a.3 Definition. Sponsoring Agency. A DoD Component or an activity that is designated to award NDSEG fellowships under Sec. 168a.5(a). ...


U.S. citizens and nationals who agree to pursue graduate degrees in science, engineering, or other fields of study that are designated, in accordance with Sec. 168a.5(b)(2), to be...


shall: (1) Administer this part and issue DoD guidance, as needed, for NDSEG fellowships. (2) Designate those DoD Components that will award...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR169.1] [Page 642] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 169--COMMERCIAL ACTIVITIES PROGRAM--Table of Contents Sec. 169.1 Purpose. This document: (a) Revises 32 CFR part 169. (b) Updates DoD policies and assigns responsibilities for commercial activities (CAs) as required by E.O. 12615, Pub. L. 100-180, sec. 1111, and OMB Circular A-76. ...


(hereafter referred to collectively as ``DoD Components''). (b) Encompasses DoD policy for CAs in the United States, its territories and possessions, the District...


Commercial Source. A business or other non-Federal activity located in the United States, its territories and possessions, the District of Columbia, or...


overall DoD mission and the defense objective of maintaining readiness and sustainability to ensure a capability for mobilizing the defense and support structure. ...


policy consistent with this part for the DoD CA program. (2) Issue Instructions to implement the policies of this part. (3) Maintain an inventory of in-house DoD...


procedures, and responsibilities required by DoD Directive 4100.15 \2\ and OMB Circular A-76 \3\ for use by the Department of Defense (DoD) to determine whether...


of Defense (OSD), the Military Departments, the Defense Agencies and DoD Field Activities (hereafter referred to collectively as the ``DoD Components''). (b) Contains...


of determining whether or not a cost comparison will be conducted. Commercial source. A business or other non-Federal activity located in the United States,...


consider the overall DoD mission and the defense objective of maintaining readiness and sustainability to ensure a capability for mobilizing the defense and...


each DoD Component's inventory shall be used to assess DoD implementation of OMB Circular A-76 and for other purposes. Each Component's inventory shall be updated at...


reviews of in-house CAs in accordance with their established review schedules. Existing in-house CAs, once reviewed shall be retained in-house without a cost comparison...


requirement must be resolicited. If the DoD Component competes in the resolicitation, then a cost comparison of a contracted CA shall be performed in accordance...


review of the entire commercial activity, including the proposed expansion, shall be conducted to determine if performance by DoD personnel is authorized for...


or service is anticipated, a review shall be conducted to determine if performance by DoD personnel is authorized for national defense reasons, because no commercial source...


under the criteria required in Appendix C to this part, CAs involving 11 to 45 DoD civilian employees may be competed based on simplified cost comparison procedures and 10...


military personnel not subject to deployment in a combat, combat support, or combat service support role may be converted to contract without a cost comparison,...


Automated Information System (AIS) security. (1) Before making a determination that an activity involving SIGINT as prescribed in Executive Order 12333, and AIS,...


be computed before the cost comparison shall be reviewed by a qualified activity, independent of the Task Group preparing the cost comparison. This review shall be completed...


cancellation of CA solicitations even if there are significant changes, omissions, or defects in the Government's in-house cost estimate. Such corrections shall be...


Each DoD Component shall establish an administrative appeals procedure to resolve questions from directly affected parties relating to determinations resulting from...


the provisions of OMB Circular A-76 if the study being performed exceeds a period of 24 months after initiation of such study with respect to a single function activity or...


Symbol DD-A&T(A) 1540). See Sec. 169a.8(a) of this part. (b) Commercial Activities Management Information System (CAMIS) (Report Control Symbol DD-A&T(Q) 1542). (1)...


Symbol DD-A&T(A) 1540). See Sec. 169a.8(a) of this part. (b) Commercial Activities Management Information System (CAMIS) (Report Control Symbol DD-A&T(Q) 1542). (1)...
...


the Department of Defense (DOD), during the period 1 October 1996 through 30 September 2005, to sell aircraft and aircraft parts to entities that contract with the...


under the definition of the Federal Property Management Regulations (FPMR) and listed in Attachment 1 of Chapter 4 of DOD 4160.21-M as Category A aircraft authorized for...


and shall not be flown or removed from the U.S. unless dispatched by the National Interagency Fire Center in support of an international agreement to assist in...


sale that the person or entity is capable of meeting the terms and conditions of a contract to deliver fire retardant by air. (a) Prior to sales offerings of aircraft...


Chapter 4 of DOD 4160.21-M, paragraph B2, and with other pertinent parts of this manual, with the following changes and additions: (a) Sales shall be limited to the...


practicable, consult with the Administrator of GSA, and with the heads of other Federal departments and agencies as appropriate, regarding reutilization and...


Armed Services of the Senate and the Committee on National Security of the House of Representatives a report setting forth the following: (a) The number and type...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR171.8] [Page 691] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 171--IMPLEMENTATION OF WILDFIRE SUPPRESSION AIRCRAFT TRANSFER ACT OF 1996--Table of Contents Sec. 171.8 Expiration. This part expires on 30 September 2005. ...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR172.1] [Page 691] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 172--DISPOSITION OF PROCEEDS FROM DOD SALES OF SURPLUS PERSONAL PROPERTY--Table of Contents Sec. 172.1 Purpose. This document provides revised and expanded instructions on the collection and disposition of cash and cash equivalents received by the DoD Components for the DoD sale of surplus personal property. ...


Military Departments, the Joint Chiefs of Staff (JCS) and the Joint Staff, the Unified and Specified Commands, the Inspector General of the Department of Defense (IG, DoD),...


be considered responsive. Similarly, cash or cash equivalents for the total sales price shall be received by the DoD Components or, in authorized cases, by contractors before...


[Code of Federal Regulations] [Title 32, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR172.4] [Page 692] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE PART 172--DISPOSITION OF PROCEEDS FROM DOD SALES OF SURPLUS PERSONAL PROPERTY--Table of Contents Sec. 172.4 Responsibilities. The Heads of DoD Components that sell surplus personal property shall implement the procedures prescribed in this part for the disposition of cash and cash equivalents received in connection with such sales. ...


subsequent removal, the following procedures shall apply: (1) Term bid. This type of bid deposit is applicable when the sale involves the purchase of scrap or...


licensing in accordance with paragraph E.4g. of DoD 7750.5- M. [[Page 695]] Appendix A to Part 172--Efforts and Costs Associated With the Disposal ...


and assurance to support award of a contract in those circumstances where certification is required. (b) Although a Competitive Information Certificate...


all competitively awarded new contracts of a value exceeding $100,000 to contractors subject to the requirement. (1) Corporate activities required to provide the...


contracts over $100,000 when a Competitive Information Certificate is required prior to award. Profit Reduction for Illegal or Improper Activity (a) The government, at...


Closure Communities,'' July 2, 1993,\1\ to speed the economic recovery of communities where military bases are slated...


the Unified Combatant Commands, the Defense Agencies, and the DoD Field Activities (hereafter referred to collectively as ``the...


contractor) have either been eliminated or relocated, except for personnel required for caretaking, conducting any ongoing environmental cleanup, and disposal of the base,...


reuse of the assets of closing and realigning bases--more quickly, more effectively and in ways based on local market conditions and locally developed reuse plans....


applicable public laws effecting base closure implementation, and shall monitor compliance with this part. All authorities of the Secretary of Defense in Public...


part 174), the President's five-part community reinvestment program, and real and personal property disposal to assist the economic recovery of communities impacted by base...


Chairman of the Joint Chiefs of Staff, the United Combatant Commands, the Defense Agencies, and the DoD Field Activities (hereafter referred to collectively as ``the...


Base Closure Realignment Act (Pub. L. 100- 526, 102 Stat. 2623, 10 U.S.C. 2687 note), or the Defense Base Closure and Realignment Act of 1990 (Pub. L. 101-510, Part A of...


recovery through effective reuse of the assets of closing and realigning bases-more quickly, more efficiently, and in ways based on local market conditions and...


coordination with the General Counsel of the Department of Defense and other officials as appropriate, may issue guidance through the publication of a Manual or other such...


Administrative Services Act of 1949, as amended (40 U.S.C. 483 and 484) for the utilization and disposal of excess and surplus property at closing and realigning bases has...


Administrative Services Act of 1949, as amended (40 U.S.C. 483 and 484) for the utilization and disposal of excess and surplus property at closing and realigning bases has...
...


Homeless Assistance Act, as amended (10 U.S.C. 2687 note), which instituted a new community-based process for addressing the needs of the homeless at base closure...


Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.). Communities in the vicinity of the installation. The communities that constitute...


are approved for closure/realignment by the President and Congress under Pub. L. 101-510 after October 25, 1994. (b) Request for inclusion under this process. This...


LRA and HUD, and upon a finding that it is in the interest of the communities affected by the closure/ realignment of the installation, DoD, through the Director of the...


practicable after the list of installations recommended for closure or realignment is approved, DoD, through OEA, will recognize an LRA for the installation. Upon...


consult with the LRA before and during the course of preparation of the LRA's application and during HUD's review thereof with a view toward avoiding any...


shall be part of the application. (b) Homeless assistance submission. This component of the application shall include the following: (1) Information...


review of each application no later than 60 days after its receipt of a completed application. (b) Standards of review. The purpose of the review is to determine...


to meet the requirements of Sec. 176.35(b) or if no resubmission is received, HUD will review the original application, including the notices of interest submitted...


Not later than the LRA's submission of its redevelopment plan to DoD and HUD, the Military Development will conduct an official public benefit transfer screening...


applicable to disaster-related civil emergencies within the United States, its territories, and possessions under DoD Directive 3025.1 \1\ with those related...


of the Joint Chiefs of Staff and the Joint Staff, the Unified and Specified Commands, the Inspector General of the Department of Defense, the Defense Agencies, and the DoD...


or injury to civilian property or persons in the United States (or its territories) in any manner, by sabotage or by the use of bombs, shellfire, or nuclear,...


to the severity of the consequences of emergencies for the nation and the population, and to the sophistication of means of attack on the United States and...


Defense, and ensure compatibility of MSCA with National Security Emergency Preparedness, in accordance with DoD Directive 3020.36 \13\ and...


8910.1-M.\15 --------------------------------------------------------------------------- \15\ See footnote 4 to...


respect to actions that do significant harm to the environment of places outside the United States. This part provides policy and procedures to enable Department...


the Organization of the Joint Chiefs of Staff, the Unified and Specified Commands, and the Defense Agencies (hereafter referred to as...


other environments. Social and economic effects do not give rise to any requirements under this part. (b) Federal Action means an action that is implemented or...


the laws of the United States. The objective of the Order is to further foreign policy and national security interests while at the same time taking into consideration...


(1) Serve as the responsible Department of Defense official for policy matters under Executive Order 12114 and this part; (2) Modify or supplement any of the...


(1) Serve as the responsible Department of Defense official for policy matters under Executive Order 12114 and this part; (2) Modify or supplement any of the...
...


155 et seq., this rule establishes policy, assigns responsibilities, and provides procedures for making DoD lands available for mineral exploration...


their National Guard and reserve components). (b) It applies to DoD-controlled lands acquired or withdrawn from the public domain (including Army civil works...


statute as potential minerals for extraction under a mineral lease (30 U.S.C. et seq., 181 et seq., and 1001 et seq. (b) Locatable minerals. Minerals, such as gold...


4700.1), DoD lands shall be made available for mineral exploration and extraction to the maximum extent possible consistent with military operations, national...


for developing DoD policy for mineral exploration and extraction on DoD lands. (2) Ensure that the Military Departments issue regulatory documents...


of lands from exploration and extraction shall be justified and supported. Availability of lands is subject to certain conditions and stipulations that also shall...


shale, gas, or sulfer within acquired DoD lands. 30 U.S.C. 181 et seq. authorizes leasing of coal, phosphate, sodium, oil, oil shale, native asphalt, solid or semi-solid bitumen,...


\1\ Canceled by DoD Directive 4700.4. --------------------------------------------------------------------------- (b) Supersedes 32 CFR parts 232, 233, 234,...


National Guard and Reserve components), the Joint Staff, the Unified and Specified Commands, and the Defense Agencies (hereafter referred to collectively as...


Carrying Capacity (Outdoor Recreation). The maximum amount of recreation activity and number of participants that a land or water area can support in manner compatible...


be a conscious and active concern for the inherent value of natural resources in all DoD plans, actions, and programs. (b) Natural resources under control of the Department...


natural resources management policies for DoD properties and actions. (2) Coordinate the DoD natural resources program with other Federal Agencies. ...


construction requests, site approval requests, and training exercise plans) are effectively coordinated in a timely manner with appropriate natural...


under Report Control Symbol DD-P&L(A)1485. Appendix to Part 190--Integrated Natural Resources Management A. Integrated...




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