Bidders Library DoD Policy Instruction and Guidance - DoDD 5105 53.pdf

Department of Defense

DIRECTIVE

NUMBER 5105.53

February 26, 2008

DA&M

SUBJECT: Director of Administration and Management (DA&M)

References: (a) DoD Directive 5105.53, “Director of Administration and Management (DA&M),” November 23, 1998 (hereby canceled)

(b) Title 10, United States Code

(c) DoD Directive 1100.12, “Authority for Establishing Special Command Positions,” September 3, 1991 (hereby canceled)

(d) Title 5, United States Code

(e) through (z), see Enclosure 1

1. PURPOSE

This Directive:

1.1. Reissues Reference (a) to update the responsibilities, functions, relationships, and authorities of the DA&M under the authority vested in the Secretary of Defense by section 113 of Reference (b).

1.2. Authorizes the DA&M, as a Principal Staff Assistant (PSA) reporting directly to the Secretary of Defense, to issue DoD policy in DoD Instructions within the responsibilities, functions, and authorities assigned herein.

1.3. Supersedes Reference (c).

2. APPLICABILITY

This Directive applies to the Office of the Secretary of Defense (OSD), the Military Departments, the Office of the Chairman of the Joint Chiefs of Staff, the Combatant Commands, the Office of the Inspector General of the Department of Defense, the Defense Agencies, the DoD Field Activities, and all other organizational entities within the Department of Defense (hereafter referred to collectively as the “DoD Components”).

DoDD 5105.53, February 26, 2008

3. DEFINITIONS

National Capital Region (NCR). For the purposes of this Directive, the geographic area located within the boundaries of the District of Columbia; Montgomery and Prince Georges Counties in the State of Maryland; Arlington, Fairfax, Loudoun, and Prince William Counties and the City of Alexandria in the Commonwealth of Virginia; and all cities and other units of government within the geographic areas of such District, Counties, and City. This area includes the land and physical facilities at the Raven Rock Mountain Complex (RRMC).

Pentagon Reservation. The area of land consisting of approximately 280 acres and improvements thereon, located in Arlington, Virginia, on which the Pentagon Office Building, Federal Building Number 2, the Pentagon heating and sewage treatment plants, and other related facilities are located, including various areas designated for the parking of vehicles. This area includes the land and physical facilities at the RRMC.

4. RESPONSIBILITIES AND FUNCTIONS

The DA&M is the PSA and advisor to the Secretary of Defense on DoD-wide administration, organization, and management. The DA&M executes a hierarchy of responsibilities in support of the Secretary of Defense and Deputy Secretary of Defense; the Department of Defense; OSD, the Defense Agencies, and the DoD Field Activities; and the Pentagon. In this capacity, the DA&M shall:

4.1. Provide policy and oversight, as required, for antiterrorism, force protection, security, and law enforcement for the personnel, facilities, infrastructure, and other resources at the Pentagon Reservation and for DoD activities and DoD-occupied facilities within the NCR pursuant to the authorities of the Secretary of Defense under section 2674 of Reference (b).

Provide oversight and direction for security and threat assessments for high-risk personnel in the OSD assigned to the Pentagon Reservation and, as required, for the personal protection of such officials in the conduct of their business.

4.2. Provide policy, oversight, direction, and control, including exercise of the authorities of the Secretary of Defense under chapter 159 of Reference (b), for the management, operation, security, protection, safety, renovation, construction, and information technology (IT) of the Pentagon Reservation and supported DoD facilities and space in the NCR, to include the RRMC and alternate sites. Provide for the ongoing transformation and improvement of RRMC into a fully-integrated, unified DoD enterprise that affords dedicated support to the DoD continuity and command and control missions.

4.3. Support DoD-wide governance and institutional reform initiatives as directed by the Secretary of Defense and Deputy Secretary of Defense. Manage, coordinate, track, and report on progress of implementing DoD-wide strategic initiatives, ensuring that all reporting requirements contained in those initiatives are appropriately administered. Provide administrative support to the Executive Secretary of the Deputy’s Advisory Working Group and track, assess, and report progress on directed tasks.

4.4. Advise and assist the Secretary of Defense, Deputy Secretary of Defense, and other senior DoD officials on organizational and management problems and issues and on the implementation of organizational adjustments, structural realignments, and Congressionally-mandated or senior-level commissioned organizational or management reforms to achieve increased effectiveness, efficiency, and economy of operations.

4.5. Conduct analyses and studies of DoD organizations, missions, and functions, and recommend changes to the Secretary of Defense and Deputy Secretary of Defense for improved organizational, structural, functional, and managerial arrangements for the administration of DoD plans and programs.

4.6. Develop and maintain chartering DoD Directives for the OSD, the Defense Agencies, the DoD Field Activities, and other DoD organizations and activities, as required.

4.7. Develop, coordinate, and issue DoD policy for the transition of administration officials and appointees. Coordinate administrative and executive matters pertaining to the accession and departure of key senior DoD personnel, in coordination with the White House Liaison Office.

4.8. Oversee the assignments of DoD Executive Agent and other management arrangements, including those arrangements involving jointly-assigned tasks or missions. Responsibilities include reviewing, recommending, and assisting in the assignment of duties; developing, coordinating, and issuing policy; developing or coordinating on related DoD issuances; and developing and maintaining management information on such management arrangements.

4.9. Oversee and facilitate the control, processing, and archiving of correspondence addressed to or emanating from the Secretary of Defense, Deputy Secretary of Defense, and the DoD Executive Secretary, in coordination with and as directed by the DoD Executive Secretary.

Establish policy for, and oversee, enterprise requirements for processing and tracking correspondence addressed to the Secretary of Defense and the Deputy Secretary of Defense.

4.10. Develop, coordinate, issue policy, and oversee the administration, organization, and management of the following DoD activities and programs:

4.10.1. The DoD Directives Program.

4.10.2. The DoD Committee Management and DoD Federal Advisory Committee Management Programs pursuant to the Federal Advisory Committee Act of 1972 (Appendix 2 of title 5, United States Code (U.S.C.) (Reference (d)); part 102-3.185 of title 41, Code of Federal Regulations (Reference (e)); and Deputy Secretary of Defense Memorandum (Reference (f)).

4.10.3. The Federal Executive Boards consistent with Presidential Directive 465 (Reference (g)).

4.10.4. The Secretary of Defense Biennial Review of Defense Agencies and DoD Field Activities to record the fulfillment of the periodic review requirements of section 192(c) of Reference (b) by the Secretary of Defense.

4.10.5. The adjudication of complaints of reprisal by Nonappropriated Fund Instrumentality employees and applicants based on reports submitted by the Inspector General of the Department of Defense (IG DoD) and consistent with DoD Directive 1401.3 (Reference (h)).

4.10.6. The DoD Freedom of Information Act (FOIA) Program consistent with section 552 of Reference (d). Serve as the DoD Chief FOIA Officer in accordance with section 552(h)(3)(j) of Reference (d).

4.10.7. The DoD Security Review Program on behalf of the Secretary of Defense. Serve as the DoD appellate authority for security review. Oversee the clearance of official DoD information intended for public release in accordance with DoD Directive 5230.9 (Reference (i)).

4.10.8. The DoD Privacy Program consistent with section 552a of Reference (d). Serve as the DoD Senior Privacy Official.

4.10.9. The DoD Regulatory Planning and Review Program consistent with Executive Order 12866 (Reference (j)) and as amended by Executive Order 13422 (Reference (k)). Serve as the functional proponent for the Regulatory Program on behalf of the Department of Defense Regulatory Policy Officer.

4.10.10. The Combined Federal Campaign Fundraising within the Department of Defense.

4.10.11. The DoD United States Savings Bond Program within the Department of Defense.

4.10.12. The DoD Passport and Passport Agent Services, in coordination with the Secretary of the Army in the role of DoD Executive Agent for Passport Agent Services.

4.10.13. The DoD personnel detailed to duty outside of the Department of Defense.

4.10.14. The policies relating to management and oversight of policy implementation of DoD Major Headquarters Activities.

4.10.15. The standardization of military and associated terminology within the Department of Defense.

4.11. Serve on boards, committees, and other groups concerned with matters pertaining to assigned responsibilities and represent the Secretary of Defense on such matters outside the Department of Defense, as follows:

4.11.1. Representative to the National Capital Planning Commission, representing DoD interests.

4.11.2. Advisory member of the Defense Business Systems Management Committee.

4.11.3. Member of the Defense Human Resources Board convened to address DoD-wide human resources issues.

4.11.4. Member of the Senior Assessment Team, chartered to prepare the DoD annual report on internal control over financial reporting and report on the internal control assessment process.

4.11.5. Member of the Continuity Executive Steering Group and support continuity plans for the Secretary of Defense and DoD Headquarters Components, to include RRMC.

4.11.6. Serve as Executive Secretary of the OSD Management Forum, which is designed to coordinate and integrate OSD-wide administrative and management issues.

4.12. Develop, coordinate, issue policy, and oversee the administration, organization, and management for the following OSD, Pentagon, and other programs and activities:

4.12.1. The OSD Historical Program.

4.12.2. The OSD Managers’ Internal Control Program consistent with DoD Instruction

5010.40 (Reference (l)).

4.12.3. The Premium Class Travel Program for OSD, the Defense Agencies, the DoD Field Activities, Federal Advisory Committees operating under the auspices of OSD, and special high-level guests of the Department of Defense.

4.12.4. The Pentagon Executive Dining Facilities.

4.13. Approve Official Representation Funds (ORF) expenditures not to exceed $50,000 for the OSD, the Defense Agencies, and the DoD Field Activities. May delegate the authority to approve ORF expenditures not to exceed $1,000 to members of the Senior Executive Service or to general or flag officers serving in the DoD Components.

4.14. Determine the Washington local commuting area for personnel conducting official business from permanent or temporary duty stations located in the NCR.

4.15. Coordinate and oversee all matters relating to special command positions. Shall designate new special command positions and cancel existing designations; maintain and publish a list of approved special command positions; and notify and solicit comment from the Secretary of the Military Department concerned before assigning responsibility for furnishing quarters and amenities to a new position not nominated by that Military Department.

4.16. Analyze, program, advise, and control manpower resources for the OSD and other assigned activities. Provide oversight of civilian and military personnel management within OSD and other assigned activities, to include:

4.16.1. The management, coordination, appointment, evaluation, and compensation of executive and political personnel in OSD and other assigned activities.

4.16.2. The deployment and implementation of the National Security Personnel System (NSPS) for OSD and other activities as assigned.

4.16.3. Provide a senior representative to the Defense Intelligence Human Resources Board. After functional review and approval by the Under Secretary of Defense for Intelligence, allocate the Defense Intelligence Senior Executive Service (DISES) resources if such allocation is within the statutory ceiling set for DISES and consistent with DoD Directive 1400.35 (Reference (m)). In addition, manage the DISES and Defense Intelligence Senior Level Presidential Rank Awards program.

4.17. Oversee a resource strategy process to formulate, present, and defend program objectives memorandums and budget estimate submissions for the administration and operation of OSD appropriations and funds.

4.18. Establish and approve guidelines and provide oversight for OSD regarding the installation and management of official telecommunications equipment in private residences for national security purposes in accordance with section 1348 of title 31, U.S.C. (Reference (n)).

4.19. Oversee the following in support of the Pentagon Reservation:

4.19.1. Chair the Pentagon Governance Council to develop collaborative solutions for common business and security services for the administration and management of the Pentagon Reservation and DoD leased facilities within the NCR.

4.19.2. Provide approval for enterprise common IT concepts and services through the Pentagon Area Chief Information Officer Council and implementation plans in accordance with DoD Directive 8000.01 (Reference (o)).

4.19.3. Decide, on behalf of the Secretary of Defense, all appeals of protests to the DoD Concessions Committee solicitations and/or contracts addressed by the Chair of the Committee.

4.20. Ensure that DA&M policies and programs are designed and managed to improve performance standards, economy, and efficiency, and that activities under the authority, direction, and control of the DA&M are attentive to the requirements of their organizational customers, both internal and external to the Department of Defense.

4.21. Perform such other duties as the Secretary of Defense or Deputy Secretary of Defense may prescribe.

5. RELATIONSHIPS

5.1. In performing assigned responsibilities and functions, the DA&M shall:

5.1.1. Report directly to the Secretary of Defense.

5.1.2. Exercise authority, direction, and control over the following:

5.1.2.1. The Director, WHS, consistent with DoD Directive 5110.4 (Reference (p)).

The Director, WHS, may also serve as the Deputy DA&M.

5.1.2.2. The Director, Pentagon Force Protection Agency, consistent with DoD Directive 5105.68 (Reference (q)).

5.1.3. Coordinate and exchange information with other OSD officials, the Heads of the DoD Components, and Federal agencies having collateral or related responsibilities and functions.

5.1.4. Use existing systems, facilities, and services of the Department of Defense and other Federal agencies, when possible, to avoid duplication and to achieve maximum efficiency and economy.

5.2. The other OSD PSAs and the Heads of the DoD Components shall coordinate with the DA&M on all matters under their purview related to the authorities, responsibilities, and functions assigned in this Directive.

5.3. No provisions of this Directive or any supplement or instruction shall be construed to prevent the IG DoD from executing the duties provided for in accordance with Appendix 3 of title 5, U.S.C. (Reference (r)).

6. AUTHORITIES

Pursuant to the authority vested in the Secretary of Defense, and subject to his authority, direction, and control, and in accordance with DoD policies and issuances, the DA&M is hereby delegated authority to exercise, within his assigned responsibilities and functional areas, all authority of the Secretary of Defense derived from statute, Executive order, or interagency agreement, except where specifically limited by statute or Executive order to the Secretary of Defense, and is hereby delegated authority to:

6.1. Issue, in DoD Instructions, DoD policy within the authorities and responsibilities assigned herein, including authority to identify collateral responsibilities of OSD officials and the Heads of the DoD Components. Such Instructions shall be fully coordinated in accordance with DoD Instruction 5025.01 (Reference (s)). Further, in areas of assigned responsibilities and functions, the DA&M has authority to issue other DoD Instructions, DoD Manuals, and one-time directive-type memorandums that implement policies approved by the Secretary of Defense.

Instructions to the Military Departments shall be issued through the Secretaries of those Departments or their designees. Instructions to the Combatant Commands shall be communicated through the Chairman of the Joint Chiefs of Staff.

6.2. Obtain reports and information, consistent with DoD Instruction 8910.01 (Reference (t)), as necessary in carrying out assigned responsibilities and functions.

6.3. Communicate with the Heads of the DoD Components, as necessary, to carry out assigned responsibilities and functions, including the transmission of requests for advice and assistance. Communications to the Military Departments shall be through the Secretaries of the Military Departments, their designees, or as otherwise provided in law or directed by the Secretary of Defense in other DoD issuances. Communications to the Commanders of the Combatant Commands normally shall be transmitted through the Chairman of the Joint Chiefs of Staff.

6.4. Establish arrangements for DoD participation in non-DoD governmental programs for which the DA&M is assigned primary DoD cognizance.

6.5. Communicate with other Executive Branch officials, representatives of the Legislative Branch, State and local officials, and members of the public, as appropriate, in carrying out assigned responsibilities and functions. Communications with representatives of the Legislative Branch shall be coordinated with the Assistant Secretary of Defense for Legislative Affairs and the Under Secretary of Defense (Comptroller)/Chief Financial Officer, Department of Defense, as appropriate, and be consistent with the DoD Legislative Program.

6.6. Act as the security review appellate authority for OSD and the Office of the Chairman of the Joint Chiefs of Staff with respect to information that was denied official public disclosure as the result of a security review.

6.7. Act as the FOIA appellate authority for OSD, the Office of the Chairman of the Joint Chiefs of Staff, Combatant Commands, and designated DoD Field Activities with respect to information that was denied public disclosure by an authorized initial denial authority under one or more of the exemptions in section 552 of Reference (d).

6.8. Act as the Privacy Act Access and Amendment appellate authority for OSD and the Office of the Chairman of the Joint Chiefs of Staff when an individual is denied access to, or amendment of, records under section 552a of Reference (d).

6.9. Exercise oversight of the daily functional operations of the DoD Regulatory Planning and Review process.

6.10. Exercise signature authority for the Deputy Secretary of Defense to cancel DoD Directives and to approve administrative changes and reissuances of DoD Directives, after proper coordination of the Directives consistent with Reference (s).

6.11. Authorize and/or approve premium-class travel for OSD, the Defense Agencies, the DoD Field Activities, Federal Advisory Committees operating under the auspices of OSD, and special high-level guests of the Department of Defense in accordance with Deputy Secretary of Defense Memorandum (Reference (u)).

6.12. Collaborate with employee representatives for implementing issuances for all organizations outside the Military Departments, with the exception of the Combatant Commands, regarding NSPS on behalf of the Secretary of Defense in accordance with Deputy Secretary of Defense Memorandum (Reference (v)).

6.13. Issue NSPS implementing issuances for organizations outside the Military Departments, with the exception of the Combatant Commands, in accordance with Deputy Secretary of Defense Memorandum (Reference (w)).

6.14. Assign responsibility, manage distribution, and exercise oversight of the administration of funds made directly available to the Secretary of Defense in the DoD Appropriations Act for the award of miscellaneous grants.

6.15. Execute responsibilities as the Senior Management Official for the Pentagon Reservation and DoD facilities in the NCR in accordance with the National Response Plan, the National Incident Management System, and the National Infrastructure Protection Plan (References (x), (y), and (z), respectively).

6.16. Exercise oversight of the OSD Records Management and Declassification Programs.

6.17. Redelegate these authorities, as appropriate, and in writing, except as otherwise indicated above or prohibited by law, Executive order, or regulation.

7. RELEASABILITY

UNLIMITED. This Directive is approved for public release. Copies may be obtained through the Internet from the DoD Issuances Web Site at http://www.dtic.mil/whs/directives.

8. EFFECTIVE DATE

Enclosure - 1 E1. References, continued

El. ENCLOSURE 1

REFERENCES, continued

(e) Parts 102-103 of title 41, Code of Federal Regulations

(f) Deputy Secretary of Defense Memorandum, “Department of Defense Federal Advisory

Committee Management Program,” August 22, 2006

(g) Presidential Directive 465, “Memorandum on the Need for Greater Coordination of

Regional and Field Activities of the Government,” November 14, 1961

(h) DoD Directive 1401.3, “Reprisal Protection for Nonappropriated Fund Instrumentality Employees/Applicants,” October 16, 2001

(i) DoD Directive 5230.9, “Clearance of DoD Information for Public Release,” April 9, 1996

(j) Executive Order 12866, “Regulatory Planning and Review,” September 30, 1993

(k) Executive Order 13422, “Further Amendment to Executive Order 12866 on Regulatory

Planning and Review,” January 18, 2007

(l) DoD Instruction 5010.40, “Managers’ Internal Control (MIC) Program Procedures,”

January 4, 2006

(m) DoD Directive 1400.35, “Defense Civilian Intelligence Personnel System (DCIPS),” September 24, 2007

(n) Section 1348 of title 31, United States Code

(o) DoD Directive 8000.01, “Management of DoD Information Resources and Information Technology,” February 27, 2002

(p) DoD Directive 5110.4, “Washington Headquarters Services (WHS),” October 19, 2001

(q) DoD Directive 5105.68, “Pentagon Force Protection Agency,” May 3, 2002

(r) Appendix 3 of title 5, United States Code, “Inspector General Act of 1978,” as amended

(s) DoD Instruction 5025.0l, “DoD Directives Program,” October 28, 2007

(t) DoD Instruction 8910.01, “Information Collection and Reporting,” March 6, 2007

(u) Deputy Secretary of Defense Memorandum, “Premium-Class Travel Program,” January 18, 2005

(v) Deputy Secretary of Defense Memorandum, “Delegation of Authorities and Assignment of Responsibilities of the Secretary of Defense under 5 CFR Section 9901.106, Continuing Collaboration, National Security Personnel System (NSPS),” April 28, 2006

(w) Deputy Secretary of Defense Memorandum, “Delegation of Authority for National Security Personnel System (NSPS) Implementing Issuances,” April 24, 2006

(x) Secretary of the Department of Homeland Security Plan, “National Response Plan,”

December 2004

(y) Secretary of the Department of Homeland Security Plan, “National Incident Management

System,” March 1, 2004

(z) Secretary of the Department of Homeland Security Plan, “National Infrastructure

Protection Plan,” 2006

ENCLOSURE 1 10

DIRECTIVE