Bidders Library DoD Policy Instruction and Guidance - DoDI 5025 01.pdf

DOD INSTRUCTION 5025.01

DOD ISSUANCES PROGRAM

Originating Component: Office of the Chief Management Officer of the Department of Defense

Effective:

Change 3 Effective:

Releasability:

Reissues and Cancels:

August 1, 2016 May 22, 2019

Cleared for public release. Available on the Directives Division Website at https://www.esd.whs.mil/DD/.

DoD Instruction 5025.01, “DoD Issuances Program,” June 6, 2014, as amended

Approved by: David Tillotson III, Assistant Deputy Chief Management Officer

Change 3 (Administrative) Edward J. Burbol, Chief, Directives Division, Washington Headquarters Approved by: Services for the Chief Management Officer

Purpose: This issuance, in accordance with the authority in DoD Directives (DoDDs) 5105.82 and

5105.53 and the July 11, 2014 Deputy Secretary of Defense Memorandum:

• Establishes policy, assigns responsibilities, and provides procedures for the development, coordination, approval, publication, and review of DoD issuances.

• Discontinues Secretary’s policy memorandums as a type of DoD issuance used in the DoD Issuances Program.

• Establishes the DoD Issuances Website at https://www.esd.whs.mil/DD/ (unclassified) and https://directives.whs.smil.mil/ (classified) as the official DoD source for issuances and processing guidance. The DoD Issuances Website is referred to as “the Website” in this issuance.

• Establishes the Directives Portal System at https://apps.sp.pentagon.mil/sites/dodips/Pages/Site/Home.aspx (unclassified) and https://entapps.osd.smil.mil/sites/dodips/Pages/Site/home.aspx (classified) as the official site for requesting and obtaining issuance coordination and legal review. The Directives Portal System is referred to as “the Portal” in this issuance.

DoDI 5025.01, August 1, 2016 Change 3 Effective May 22, 2019

TABLE OF CONTENTS 2

TABLE OF CONTENTS

SECTION 1: GENERAL ISSUANCE INFORMATION

1.1. Applicability

1.2. Policy

1.3. Information Collections

1.4. Summary of Change 3

SECTION 2: RESPONSIBILITIES

2.1. Chief Management Officer of the Department of Defense (CMO)

2.2. Director, WHS

2.3. General Counsel of the Department of Defense (GC DoD)

2.4. IG DoD

2.5. OSD Component Heads

2.6. Directors of Defense Agencies and DoD Field Activities

2.7. DoD Component Heads

2.8. Secretaries of the Military Departments, Chairman of the Joint Chiefs of Staff, and

Chief, National Guard Bureau (NGB)

SECTION 3: ISSUANCE FOCAL POINTS

3.1. OSD Components, Military Departments, OCJCS, and NGB

3.2. OSD Components

SECTION 4: GENERAL PROVISIONS

4.1. Issuances and the Issuance Process

a. Types

b. Stages and Their Timelines

c. Complex, Sensitive, or Controversial Issuances

4.2. DoD Issuances Website

a. Unclassified Website

b. Classified Website

c. General Website Content

4.3. Directives Portal System

a. Coordination Requests

b. Coordination Responses

c. Legal Reviews

d. Timeline Tool

4.4. Distribution of DoD Issuances and Policy Memorandums

a. Releasability

b. Distribution

SECTION 5: REVISION AND COORDINATION OF DOD ISSUANCES

5.1. Currency, Changes, Cancellations, and Expirations

a. DoDD, DoDI, DoDM, and AI Currency

b. DTM Currency

c. Changes

d. Cancellations

e. Expiration

TABLE OF CONTENTS 3

5.2. Coordination Process - Standards and Requirements

a. Required Coordinators

b. Coordination Type

c. Coordination Duration

d. Coordination Level and Authorities

5.3. Coordination Process - Responses, Resolving Issues

a. Coordination Responses

b. Making Comments

c. Adjudicating Comments

d. Resolving Nonconcurs

e. Extension and Late Coordinations

f. No Response to Coordination Request

g. Recoordinations

SECTION 6: LEGAL REVIEWS

6.1. Purpose of the Legal Review

6.2. Types of Legal Reviews

a. During Development

b. LOR

c. LSR

SECTION 7: SPECIAL CONCERNS

7.1. Information Requirements, Forms, and FR

a. Issuances that Reference or Prescribe Information Collection Requirements

b. Issuances that Reference or Prescribe DoD Internal Information Collections

c. Issuances that Reference or Prescribe Forms

d. FR Issuances

7.2. Charters

7.3. DoD Executive Agent (DoD EA) Designation

7.4. Classified, FOUO, and Controlled Unclassified Information (CUI)

7.5. Unions Granted National Consultation Rights

GLOSSARY

G.1. Acronyms G.2. Definitions

REFERENCES

TABLES

Table 1. Timelines for Coordination and Completion of DoD Issuances Table 2. Types of Issuances Table 3. Issuance Process Overview

SECTION 1: GENERAL ISSUANCE INFORMATION 4

SECTION 1: GENERAL ISSUANCE INFORMATION

1.1. APPLICABILITY. This issuance applies to OSD, the Military Departments, the Office of the Chairman of the Joint Chiefs of Staff (OCJCS) and the Joint Staff, the Combatant Commands, the Office of the Inspector General of the Department of Defense (IG DoD), the Defense Agencies, the DoD Field Activities, and all other organizational entities within the DoD (referred to collectively in this issuance as the “DoD Components”).

1.2. POLICY.

a. The DoD will have a DoD Issuances Program for the development, coordination, approval, publication, and review of issuances.

(1) Issuances will be used to codify DoD policy and guidance in accordance with this issuance, DoD Instruction (DoDI) 5025.13, and Administrative Instructions (AIs) 15 and 102.

(2) Issuances will consist of DoDDs, DoDIs, DoD manuals (DoDMs), directive-type memorandums (DTMs), and AIs. See Glossary for definitions and descriptions. All other DoD publications, as defined in this Glossary, must be converted into either DoDIs or DoDMs when they are reissued.

(3) Secretary’s policy memorandums are no longer supported as DoD issuances by this issuance. Instead, memorandums prepared in accordance with Volume 1 of DoDM 5110.04 and signed by the Secretary or Deputy Secretary may be used to quickly establish or implement DoD policy and guidance outside of the DoD issuance process. These memorandums will be published on the Website to ensure there is one official central DoD repository for DoD policy.

Policies established by these memorandums will be incorporated into appropriate DoD issuances within 12 months unless otherwise directed by the Secretary or Deputy Secretary.

b. The governing principles of the DoD Issuances Program are:

(1) The development and maintenance of DoD policy and guidance is a core DoD activity and is important to the entire Department.

(2) The Secretary and Deputy Secretary of Defense establish DoD policy primarily in issuances, since issuances provide the policy framework for the operation of DoD.

(3) OSD Component heads who also serve as Principal Staff Assistants may only establish DoD policy within their functional area of responsibility as part of the conditional authority delegated in their respective chartering DoDD and the process in this issuance.

(4) The development and maintenance of DoD policy requires a common departmental understanding of the policies and procedures governing the DoD Issuances Program. It requires DoD Component investment in fulfilling their responsibilities, such as collaborating in the development of issuances and providing timely coordination.

SECTION 1: GENERAL ISSUANCE INFORMATION 5

(5) OSD Components must maintain an accurate policy framework within their functional area of responsibility that is updated to reflect changes as they occur to ensure the effective and efficient functioning of the DoD and its components.

(6) DoD Components will provide prompt, accurate, and relevant comments in the coordination of DoD policy and guidance.

(7) The issuance process will be timely, responsive, repeatable, and transparent.

Methods to elevate critical issues or legal or political objections will be an integral part of the issuance process.

(8) Whether developing or coordinating on issuances, DoD Components must place a high priority on processing issuances that codify policy or provide guidance as directed:

(a) By the Secretary or Deputy Secretary of Defense;

(b) In new or amended Executive orders or White House memorandums; or

(c) In new or amended statutes.

c. DTMs must be issued only for time-sensitive actions as defined in the Glossary and only when time constraints prevent publishing a new issuance or incorporating a change to an existing issuance. DTMs must not be used to permanently change or supplement existing issuances.

They will be effective for no more than 12 months from the date signed, unless an extension is approved by the Director for Administration and Organizational Policy, Office of the CMO

(DA&OP OCMO).

1.3. INFORMATION COLLECTIONS.

a. The routine coordination requests required in this issuance do not require licensing with a report control symbol in accordance with Paragraph 1b(9) of Enclosure 3 of Volume 1 of DoDM 8910.01.

b. The DoD Issuances Agenda Report, referred to in Paragraph 2.5.c, has been assigned report control symbol DD-DCMO(A,Q)2607 in accordance with the procedures in Volume 1 of DoDM 8910.01.

1.4. SUMMARY OF CHANGE 3. The changes to this issuance are administrative and:

a. Correct the total work days in Table 1.

b. Update references, organizational titles, and URLs for accuracy.

SECTION 2: RESPONSIBILITIES 6

SECTION 2: RESPONSIBILITIES

2.1. CHIEF MANAGEMENT OFFICER OF THE DEPARTMENT OF DEFENSE

(CMO). In addition to the responsibilities in Paragraph 2.5, the CMO:

a. Establishes DoD policy for developing, processing, coordinating, approving, publishing, and cancelling issuances.

b. Through the DA&OP OCMO:

(1) Oversees the DoD Issuances Program.

(2) Determines whether a proposed new or revised DoDD meets the criteria to be a directive as defined in the Glossary and provides an appropriate recommendation to the Secretary or Deputy Secretary of Defense.

(3) Coordinates on all issuances in accordance with the timelines in Table 1.

(4) Reviews and determines whether to approve requests for extensions to expiration dates of issuances forwarded by the Directives Division, Executive Services Directorate (ESD), Washington Headquarters Services (WHS).

c. Mediates unresolved coordination issues between OSD or DoD Component heads. Refers unresolved nonconcurs to the Deputy Secretary of Defense as appropriate.

d. Develops, maintains, and oversees chartering DoDDs (also referred to as “charters” in this issuance) through Organizational Policy and Decision Support, Office of the DA&OP OCMO

(OP&DS/DA&OP/OCMO).

2.2. DIRECTOR, WHS. Under the authority, direction, and control of the CMO through the DA&OP OCMO and in addition to the responsibilities in Paragraphs 2.6 and 2.7, the Director, WHS:

a. Administers the DoD Issuances Program.

b. Approves AIs proposed by the WHS components and processed in accordance with this issuance.

c. Through the OCMO Primary Issuances Focal Point, convenes an OSD issuances planning meeting quarterly, or as needed. This meeting will address broad issues affecting the processing of issuances within the Department and review the OSD Component issuance plans.

d. Through the Chief of the Directives Division, ESD, WHS:

SECTION 2: RESPONSIBILITIES 7

(1) Establishes and maintains standard formats, templates, and procedures for developing and processing issuances and publishes them on the Website. Approves or disapproves requests for waiver of issuance standards and procedures as described in this issuance and on the Website.

(2) Helps the OSD Components determine whether an issuance should be published as a DoDD, DoDI, DoDM, DTM, or AI.

(3) Provides guidance to help the DoD Components fulfill their responsibilities in the DoD Issuances Program.

(4) Tracks and reports DoD Component compliance with the issuance process timelines in Table 1 as appropriate. Also tracks and reports DoD Component compliance with negotiated timelines for complex, sensitive, or controversial issuances. At a minimum, the applicable Primary Issuance Focal Points will be notified when timelines are not met.

(5) Alerts and seeks comment on non-administrative changes to the issuance process or standards from the affected Issuance Focal Points before they are implemented.

(6) Oversees the editorial and compliance review and electronic publication of issuances.

Oversees electronic publication of policy memorandums signed by the Secretary and Deputy Secretary of Defense.

(7) Serves as the official record keeper for issuances. Oversees the maintenance and preservation of documents that constitute the official records of issuances in accordance with AI 15 and DoDI 5015.02.

(8) Establishes and maintains the unclassified and classified Website and Portal.

(9) Processes issuances published or changed after March 25, 2012 for cancellation on the 10-year anniversary of their original publication dates in accordance with the March 25, 2012 Deputy Secretary of Defense Memorandum, unless an extension is approved.

2.3. GENERAL COUNSEL OF THE DEPARTMENT OF DEFENSE (GC DOD). In addition to the responsibilities in Paragraph 2.5, and in accordance with the procedures in Section 6, the GC DoD:

a. As requested, provides legal advice to the office of primary responsibility (OPR) when drafting proposed issuances and during the adjudication of formal coordination comments.

b. Provides all required legal reviews of issuances as described in Section 6 in accordance with the timelines in Table 1.

c. Notifies the DA&OP OCMO, in writing through the Directives Division:

(1) Of positions that, in addition to those listed in Paragraph 6.2., are authorized to provide legal sufficiency reviews (LSRs) on behalf of the GC DoD.

SECTION 2: RESPONSIBILITIES 8

(2) When changes in these positions or authorizations occur.

2.4. IG DOD. In addition to the responsibilities in Paragraph 2.5, the IG DoD coordinates on all issuances in accordance with the timelines in Table 1. Among other things, the IG DoD reviews issuances to ensure findings in evaluations, audits, and investigations are appropriately addressed or implemented.

2.5. OSD COMPONENT HEADS. The OSD Component heads:

a. Implement the DoD Issuances Program in their respective Components as described in this issuance and on the Website.

b. Review existing issuances to determine whether any such issuances should be modified, streamlined, expanded, or canceled to keep DoD policy accurate, effective, and efficient.

c. Provide the DA&OP OCMO with a report of Component issuances that will be developed or revised during the calendar year. This report must be provided yearly by January 1 and updated, as necessary, each quarter. The Components and Directives Division will use the report to help expedite issuance development as necessary. A proposed timeline will be provided for each issuance identified as complex, sensitive, or controversial if the issuance cannot adhere to the timeline in Table 1.

d. In their capacity as OPR for issuances within their functional area:

(1) Develop, revise, coordinate, and cancel issuances in accordance with this issuance and the timelines in Table 1.

(2) Approve new or revised issuances in accordance with this issuance.

(3) Notify the Directives Division within 7 workdays upon discovering that policy or guidance must be codified in a DoD issuance as a result of:

(a) Secretary or Deputy Secretary of Defense direction;

(b) A new or amended Executive order or White House memorandum; or

(c) A new or amended statute.

(4) In accordance with Paragraph 4.1.c, notify the Directives Division immediately when an issuance is identified as complex, sensitive, or controversial. This will preferably occur at the beginning of the issuance process but it can happen at any point during the process. If the issuance cannot adhere to the timeline in Table 1, the OPR will provide a proposed timeline for processing the issuance to the Directives Division. The timeline must include a specific proposed publication date.

e. Review and coordinate on the proposed issuances of other OSD Components in accordance with the timelines noted in Table 1 and the procedures on the Website.

SECTION 2: RESPONSIBILITIES 9

f. Notify the DA&OP OCMO, in writing through the Directives Division:

(1) Of positions that, in addition to those listed in Paragraph 5.2.d.(1) and 5.2.d.(2), are authorized to request or provide coordination on issuances on their behalf.

(2) When changes in these positions or authorizations occur.

g. Appoint at least one primary and one alternate Issuance Focal Point who will implement the processes in Section 3. Provide written documentation of the appointments and any changes in those appointments to the DA&OP OCMO through the Directives Division. The term “Issuance Focal Point” as used in this issuance will include both the primary and alternate unless otherwise specified.

(1) The Primary Issuance Focal Point must be a senior level leader in the grade of O-7, Senior Executive Service (SES), Senior Leader, or equivalent and above.

(2) The Alternate Issuance Focal Point should be senior in grade (O-6, General Schedule (GS) 15, or equivalent).

2.6. DIRECTORS OF DEFENSE AGENCIES AND DOD FIELD ACTIVITIES. As delegated in their charter, the Directors of Defense Agencies and DoD Field Activities:

a. Coordinate on issuances through their respective OSD Component heads.

b. Establish and maintain, for the functions assigned, an appropriate publications system for regulations, instructions, and reference documents produced by the Defense Agency or DoD Field Activity as well as any changes made to those publications.

c. Ensure all DoD Components and non-DoD federal agencies with equity in a Defense Agency or DoD Field Activity publication (see Glossary) are given the opportunity to coordinate when that publication is written, changed, or revised.

d. Develop Defense Agency or DoD Field Activity publications with language that is clear and concise to the audience intended, in accordance with DoDI 5025.13.

e. Serve as the official record keeper for their publications, by overseeing the maintenance and preservation of supporting and historical documents that constitute the official records of those publications in accordance with AI 15 and DoDI 5015.02.

2.7. DOD COMPONENT HEADS. The DoD Component heads, except for the Directors of the Defense Agencies and DoD Field Activities:

a. Implement the DoD Issuances Program in their respective Components as described in this issuance and on the Website.

b. Review and coordinate on proposed issuances in accordance with the timelines noted in Table 1 and the procedures on the Website.

SECTION 2: RESPONSIBILITIES 10

c. Ensure that the official records of all their coordinations on issuances, to include the original signed coordinations, are preserved and maintained in accordance with DoDI 5015.02.

2.8. SECRETARIES OF THE MILITARY DEPARTMENTS, CHAIRMAN OF THE

JOINT CHIEFS OF STAFF, AND CHIEF, NATIONAL GUARD BUREAU (NGB). In addition to the responsibilities in Paragraph 2.7, the Secretaries of the Military Departments, Chairman of the Joint Chiefs of Staff, and Chief, NGB:

a. Designate at least one primary and one alternate Issuance Focal Point who will implement the processes in Section 3. Provide written documentation of the appointments and any changes in those appointments to the DA&OP OCMO through the Directives Division.

(1) The Primary Issuance Focal Point must be a senior level leader in the grade of O-7, SES, Senior Leader, or equivalent and above.

(2) The Alternate Issuance Focal Point should be senior in grade (O-6, GS-15, or equivalent).

b. Notify the DA&OP OCMO, in writing through the Directives Division:

(1) Of positions that, in addition to those listed in Paragraph 5.2.d.(1) and 5.2.d.(2), are authorized to request or provide coordination on issuances on their behalf.

(2) When changes in these positions or authorizations occur.

SECTION 3: ISSUANCE FOCAL POINTS 11

SECTION 3: ISSUANCE FOCAL POINTS

3.1. OSD COMPONENTS, MILITARY DEPARTMENTS, OCJCS, AND NGB.

a. The Primary Issuance Focal Point:

(1) Engages with other Primary Issuance Focal Points as necessary to facilitate the resolution of nonconcurs and other disagreements, and to ensure the timeliness of issuance process actions, including development and coordination.

(2) May provide documentation of Component withdrawal of a nonconcur in accordance with Paragraph 5.3.d.(2).

b. The Alternate Issuance Focal Point:

(1) Assists the Primary Issuance Focal Point as necessary.

(2) Tracks and manages incoming issuance coordination requests and ensures coordination is completed by the suspense dates generated by the Portal and in accordance with this issuance.

(3) Provides issuance status to the Primary Issuance Focal Point, Component head, and to the Directives Division.

(4) Elevates coordination impasses or unresolved nonconcurs to the Primary Issuance Focal Point as appropriate.

(5) Oversees and manages their respective Component’s use of the Portal.

c. The Issuance Focal Points will meet on a regular basis at the discretion of the Directives Division to discuss issuance status, non-administrative changes in issuance processing or standards, and any other items of interest or concern.

d. These responsibilities cannot be delegated.

3.2. OSD COMPONENTS.

a. Unless otherwise noted, the Primary Issuance Focal Point can delegate the duties in this paragraph to the Alternate Issuance Focal Point, but no lower. In addition to the requirements in Paragraphs 3.1.a. and 3.1.c., the OSD Component’s Primary Issuance Focal Point:

(1) Oversees the status of issuances for which their Component is OPR.

(2) Ensures that those issuances are processed in accordance with this issuance.

(3) Attends OCMO quarterly DoD issuances planning meetings. If unable to attend, the Primary Issuance Focal Point is responsible for finding a replacement Component representative

SECTION 3: ISSUANCE FOCAL POINTS 12

to attend. The designated representative should be at the SES, general or flag officer, or equivalent level.

(4) Notifies the Directives Division within 7 days upon discovering that policy or guidance must be codified in a DoD issuance as a result of Secretary or Deputy Secretary of Defense direction.

(5) Notifies and provides justification to the Directives Division of:

(a) Any issuances that must be expedited through the issuance process.

(b) Any issuances that are complex, sensitive, or controversial.

(c) Proposed timelines for development of complex, sensitive, or controversial issuances.

b. In addition to the responsibilities in Paragraphs 3.1.b. and 3.1.c., the OSD Component’s Alternate Issuance Focal Point:

(1) Tracks and manages the issuances for which their Component is OPR to ensure they are in compliance with this issuance.

(2) Submits issuances to the Directives Division at each stage of the process in accordance with this issuance and the Website.

(3) Provides issuance status to their Component’s Primary Issuance Focal Point, Component head, and to the Directives Division.

(4) Attends the DoD Issuances Training Class within 3 months of their appointment and as appropriate for refresher training. Encourages and helps facilitate the attendance of action officers (AOs) in the class.

(5) Serves as a point of contact and source of information on issuance processing within the Component for AOs.

SECTION 4: GENERAL PROVISIONS 13

SECTION 4: GENERAL PROVISIONS

4.1. ISSUANCES AND THE ISSUANCE PROCESS.

a. Types. There are five types of issuances: DoDDs, DoDIs, DoDMs, DTMs, and AIs.

Table 2 includes information about the purpose and content, page length, and signature level of each type of issuance. Full definitions of the issuance types are in the Glossary.

b. Stages and Their Timelines. The issuance process has five stages as shown in Table 3.

Table 1 contains information regarding the amount of time each stage will take. OPRs must follow the timelines. The CMO and OSD Component heads will be notified if issuances don’t meet Table 1 timelines.

(1) Stage 1 must be timed for those issuances described in Paragraph 1.2.b.(9) and may be timed for all other issuances.

(2) The timelines may not apply if the issuance is identified as complex, sensitive, or controversial; however, the issuance must be actively worked.

(3) The Directives Division may close an issuance action, including actions for complex, sensitive, or controversial issuances if, in coordination with the OPR Issuance Focal Point, the Directives Division determines an issuance is not being actively worked.

c. Complex, Sensitive, or Controversial Issuances. These issuances may deal with politically or legally sensitive subjects, impact DoD Component activities, or impose requirements on or require approval or concurrence from government agencies outside DoD.

The OPR or GC DoD will identify these issuances upon discovery to the Directives Division.

The officials authorized to identify issuances as complex, sensitive, or controversial are the heads, principal deputies, and Primary Issuance Focal Points of the OPR and the GC DoD.

4.2. DOD ISSUANCES WEBSITE. The Website is the official source for publication of all approved DoD issuances as well as policy memorandums signed by the Secretary and Deputy Secretary of Defense. If an issuance isn’t published on the Website, it will not be considered authoritative. OSD Components will ensure that their issuances are submitted to Directives Division to be published on the Website. The Website addresses are on the first page of this issuance.

a. Unclassified Website. The unclassified Website contains:

(1) All current unclassified and For Official Use Only (FOUO) issuances. FOUO issuances are published under proper access controls in accordance with Volume 4 of DoDM 5200.01.

(2) Current unclassified memorandums signed by the Secretary and Deputy Secretary of Defense establishing policy as of the date of this issuance. These memorandums are published under proper access controls in accordance with Volume 4 of DoDM 5200.01.

SECTION 4: GENERAL PROVISIONS 14

(3) A searchable database of cancelled issuances and policy memorandums signed by the Secretary or Deputy Secretary.

b. Classified Website. The classified Website contains:

(1) The information available on the unclassified Website.

(2) All current classified issuances and policy memorandums signed by the Secretary and Deputy Secretary of Defense, up to and including SECRET as of the date of this issuance.

c. General Website Content. To support a more agile and flexible issuance process, the Website will provide direction and guidance on the development, revision, coordination, approval, and publication of issuances. Specifically, the Website will contain information regarding:

(1) Format, writing style, and content standards.

(2) Instructions for preparing, coordinating, and completing an issuance.

(3) A DoD Component-specific list of positions authorized or delegated authority to initiate coordination, provide coordination, and approve issuances for publication.

(4) An explanation of the issuance numbering system.

(5) Templates, forms, common reference citations, and examples.

(6) Use of plain language in all issuances, in accordance with DoDI 5025.13.

(7) Topical online video training.

SECTION 4: GENERAL PROVISIONS 15

Table 1. Timelines for Coordination and Completion of DoD Issuances

Stage Stage Action Number of Workdays3

New or Reissuance

Substantive Changes Cancellations DTM

Development 1A AO drafts issuance 30 20 - 20

1B AO coordinates issuance within OPR

10 10 5 10

Precoordination

2A Directives Division provides precoordination review

5/8/113 5 1 5

2B AO revises issuance 3/6/9 3 - 3

2C

Directives Division reviews issuance before legal objection review

(LOR)1

2 2 - -

2C

Office of the General Counsel of the Department of Defense (OGC) provides LOR1

10/15/15 10 - -

2D AO incorporates OGC changes1 3/6/9 3 - -

2D AO gets DD Form 106 signed and requests formal coordination

5 5 5 5

Formal Coordination

3A

Directives Division reviews issuance package before formal coordination

2 2 1 2

3A Formal coordination 15/18/21 10 10 10 3B AO revises issuance 10/13/16 10 3 10

Presignature

4A Directives Division provides presignature review

4/7/10 4 2 4

4B AO revises issuance 3/6/9 3 3 3

4C Directives Division reviews issuance before

LSR

2 2 1 2

4C OGC provides LSR 25/30/30 15 10 15

4D AO incorporates OGC changes 3/6/9 3 3 3

4D

Defense Office of Prepublication and Security Review (DOPSR) provides clearance2

2 2 - 2

1. LORs are optional except for Federal Register (FR) issuances. LORs are not required for cancellations.

2. DOPSR review is required for unclassified issuances that will be released to the public only.

3. Numbers displayed in an x/y/z format are based on issuance page length: the x number applies to issuances < 35 pages, the y number applies to issuances 36 to 70 pages, and the z number applies to issuances > 71 pages. Numbers not using the x/y/z format are hard timelines and are not dependent on the size of an issuance.

SECTION 4: GENERAL PROVISIONS 16

Table 1. Timelines for Coordination and Completion of DoD Issuances, Continued

Stage Stage Action Number of Workdays3

New or Reissuance

Substantive Changes Cancellations DTM

Signature and Publication

5A AO prepares issuance package and gets issuance approved for publication

5/8/11 5 5 5

5B Directives Division publishes issuance 2 2 2 2

Total Work Days

126/155/179 without LOR

141/178/205 with

LOR

101 without

LOR

116 with

LOR

51 101

1. LORs are optional except for Federal Register (FR) issuances. LORs are not required for cancellations.

2. DOPSR review is required for unclassified issuances that will be released to the public only.

3. Numbers displayed in an x/y/z format are based on issuance page length: the x number applies to issuances < 35 pages, the y number applies to issuances 36 to 70 pages, and the z number applies to issuances > 71 pages. Numbers not using the x/y/z format are hard timelines and are not dependent on the size of an issuance.

SECTION 4: GENERAL PROVISIONS 17

Table 2. Types of Issuances

Issuance Type Purpose and Content Length

Signature/Approval Level (Those “acting” or performing the duties of a vacant position whose incumbent is authorized to establish DoD policy or guidance may also approve the issuance for publication)

DoDD

Establishes policy, delegates authority, and assigns responsibilities. Consists only of one or more of these elements:

- Non-delegable responsibilities assigned to the Secretary or Deputy Secretary of Defense

- Charters

- Assignment of new functions and resources between or among the DoD Components

- Assignment of DoD Executive Agents

- Matters of special interest to the Secretary or Deputy Secretary of Defense

No more than 12 pages, with no procedures.

Exception: chartering directives are not restricted.

- Secretary or Deputy Secretary of Defense

- Under Secretaries of Defense, as delegated in their respective charter, may approve charters for their subordinate OSD Presidentially-appointed, Senate-confirmed (PAS) positions when the charters are reissued.

DoDI

Establishes policy and assigns responsibilities within a functional area assigned in an OSD Component head’s charter, including defining the authorities and responsibilities of a subordinate official or element when these don’t meet the criteria for a charter. May provide general procedures for implementing policy.

No more than 50 pages.

If more than 50 pages are required, a DoDI will be separated into volumes.

OSD Component heads

DoDM Implements policy established in a DoDD or DoDI by providing detailed procedures for carrying out that policy.

If more than 100 pages are required, a DoDM will be separated into volumes.

- OSD Component heads or their Principal Deputies

- OSD PAS officials

DTM

Serves the same purpose as a DoDD, DoDI, or DoDM but is issued only for time-sensitive actions that affect current issuances or that will become issuances.

No more than 20 pages including attachments.

- The Secretary or Deputy Secretary of Defense;

- If establishing policy, the OSD Component head;

or

- If implementing policy, the OSD Component Principal Deputy or an OSD PAS official

AI

Implements DoD policy established in a DoDD or DoDI for the WHS-serviced Components or establishes policy for the WHS-serviced Components. Provides general procedures for carrying out policy.

No more than 50 pages. CMO or Director, WHS

Issuance duration

DoDDs, DoDIs, DoDMs, and AIs – Issuances published before March 25, 2012 should be updated or cancelled within 10 years of their publication date. Issuances published or changed after March 25, 2012 will be processed for cancellation by the Directives Division on the 10-year anniversary of their original publication dates in accordance with the March 25, 2012 Deputy Secretary of Defense Memorandum, unless an extension is approved.

DTMs – DTMs will be incorporated into an existing issuance, converted to a new issuance, reissued, or cancelled within 12 months of the date approved, unless the DA&OP OCMO approves an extension.

SECTION 4: GENERAL PROVISIONS 18

Table 3. Issuance Process Overview

Stage Description

1. Development 1A - AO drafts the issuance (should informally consult with legal counsel at this stage).

1B - AO coordinates issuance within the OPR. The AO may also informally coordinate the issuance with external stakeholders, as appropriate.

2. Precoordination 2A – Issuance Focal Point requests and the Directives Division provides a precoordination review of the issuance and DD Form 106.

2B - AO revises the issuance and DD Form 106 as necessary.

2C - Focal Point may request and OGC provide an LOR (see Section 6). AO incorporates OGC comments.

2D – Focal Point gets DD Form 106 signed and requests release on the Portal (see Section 5) for coordination with applicable DoD Components.

3. Formal Coordination 3A - Issuance is coordinated via the Portal with DoD Components 3B - AO adjudicates and incorporates comments in the issuance as appropriate. Asks for OGC’s legal advice, if necessary.

4. Presignature 4A – Focal Point requests and the Directives Division provides a review of the issuance and supporting documentation.

4B - AO revises the issuance and supporting documentation as necessary.

4C – Focal Point requests and OGC provides the LSR (see Section 6).

4D – Focal Point requests DOPSR review of unclassified issuances for publication on the Website.

5. Approval and Publication 5A - AO prepares issuance package and requests issuance approval through Focal Point.

5B – Focal Point sends the MS Word file of the issuance, along with the hard copy or Adobe .pdf of the complete package to the Directives Division for publication to the Website and archiving.

SECTION 4: GENERAL PROVISIONS 19

4.3. DIRECTIVES PORTAL SYSTEM. DoD Components must use either the unclassified or classified Portals for the actions described in this paragraph. Detailed procedures for access to and use of the classified or unclassified Portals are on the Portal and the Website. The Portal address is on the first page of this issuance. DoD Components and OGC will use the Portal for reviews as described in this issuance and the Website process guidelines.

a. Coordination Requests.

(1) Posting. The OSD Components, through their Issuance Focal Point, will post the issuance to the Portal for coordination. The issuance will be held until reviewed and approved for release by the Directives Division.

(a) Unclassified and FOUO issuances (including the DD Form 106, “DoD Issuances Program Coordination Initiation,” and DD Form 818, “DoD Issuance Coordination Response”) will be posted on the unclassified Portal.

(b) Classified issuances up to and including SECRET (including the DD Form 106 and DD Form 818) will be posted on the classified Portal. The unclassified DD Form 106 must also be posted to the unclassified Portal so coordinating officials who don’t normally work on the classified network are notified that a classified issuance needs coordination.

(2) Directives Division Review. Upon review and approval by the Directives Division, the coordination request will be distributed by the Directives Portal System to the DoD Components selected on the DD Form 106.

(3) Coordinators Without Portal Access. The OPR must distribute coordination requests directly to any coordinators who don’t have access to the Portal (often identified as “Other” in item 11c of the DD Form 106). A list of organizations with Portal access is on the Website. The OPR may send requests for non-DoD federal agency coordination through the DoD Executive Secretary to the Executive Secretary of the desired federal agency.

(4) Suspense Date. The coordination period begins when the coordination request is released on the Portal and is sent to the requested coordinators. The suspense date is automatically calculated by the Portal using the timelines in Table 1 or the specific timelines agreed to between the OPR and the Directives Division for complex, sensitive, or controversial issuances. The suspense date is displayed on the Portal and in the coordination request sent by the Portal.

b. Coordination Responses.

(1) All DoD Components must record their formal coordination on the Portal by providing the appropriate level signature on the DD Form 818. Coordinators also have the option to post a signed memorandum that includes the coordinating official’s title and signature date on the Portal. All official comments must be recorded on the DD Form 818 and must be posted to the Portal in Microsoft Word format by the suspense date. Classified issuance coordination requests can only be responded to on the classified Portal.

SECTION 4: GENERAL PROVISIONS 20

(2) Coordinators that don’t have Portal access may return copies of their coordinations (DD Form 818 or signed memorandum) to the OPR by mail, e-mail, or fax by the suspense date.

The OPR must send copies of these coordinations to the Directives Division at whs.mc-alex.esd.mbx.dod-directives@mail.mil.

c. Legal Reviews. OGC must use the Portal to report the results of LORs and LSRs. See Section 6 for procedural details.

d. Timeline Tool. A tool is available on the Portal to help project the time required to complete an issuance based on where the issuance is in the issuance process. This tool should be used to project the timeline for completing complex and sensitive issuances.

4.4. DISTRIBUTION OF DOD ISSUANCES AND POLICY MEMORANDUMS.

a. Releasability.

(1) Options. Release and distribution of issuances and policy memorandums will be either “cleared for public release” or “not cleared for public release” (see Glossary). Issuances and policy memorandums published on the unclassified Website, including those that are unclassified but available only to users with valid DoD public key infrastructure (PKI) authorization, must be cleared for public release by DOPSR in Stage 4D of the issuances process (see Table 3).

(2) For Issuances. The issuance OPR must:

(a) Determine the appropriate release and distribution option for each issuance in accordance with the review and clearance requirements in DoDD 5230.09 and DoDI 5230.29.

(b) Indicate the releasability of the issuance in Item 5 of the DD Form 106; in the issuance itself; and in the action memorandum requesting issuance approval. The action memorandum must also include a statement that the requirements of DoDD 5230.09 and DoDI

5230.29 have been met.

(3) For Policy Memorandums. Policy memorandums signed by the Secretary or Deputy Secretary of Defense won’t be accessible by the public through the Website. If an OPR wants to authorize the public release of a policy memorandum, the OPR must obtain approval from the DoD Executive Secretary and then complete the review and clearance requirements in DoDD

5230.09 and DoDI 5230.29.

b. Distribution.

(1) The Directives Division will distribute issuances by publishing them on the unclassified or classified Website, according to their releasability. The DoD Components won’t download or publish issuances on their websites. Instead, they will link to the Website. The Correspondence Management Division, ESD, WHS, will continue to distribute memorandums signed by the Secretary and Deputy Secretary of Defense. The Directives Division will also

SECTION 4: GENERAL PROVISIONS 21

electronically distribute those memorandums establishing policy by publishing them on the Website, since that serves as the official central repository for DoD policy.

(a) Access to FOUO issuances will be limited to individuals with a valid DoD PKI card in accordance with DoDI 8520.02.

(b) Access to policy memorandums signed by the Secretary or Deputy Secretary of Defense will generally be limited to individuals with a valid DoD PKI card in accordance with DoDI 8520.02.

(c) For classified issuances, the unclassified Website will provide the issuance type, number, date, unclassified title, OPR, and releasability statement identifying the issuance as classified.

(d) For issuances that are released and distributed only by the originating OSD Component, the unclassified and classified Websites will provide the issuance type, number, date, unclassified title, OPR, and the OPR contact information. The OPR will distribute copies of these issuances as appropriate.

(2) The Directives Division may return approved issuances to the OPR’s Primary Issuance Focal Point unpublished if critical issues are identified, including:

(a) Version control failure;

(b) Authority approving the issuance was not notified of unresolved high priority issues (e.g., unresolved nonconcurs) identified during earlier stages of review;

(c) Unresolved legal comments identified by OGC during LSR;

(d) Changes (other than administrative) made after LSR was completed; or

(e) Responsibilities were added to a DoD or OSD Component other than the OPR and the Component concerned was not given the chance to comment on the change.

SECTION 5: REVISION AND COORDINATION OF DOD ISSUANCES 22

SECTION 5: REVISION AND COORDINATION OF DOD ISSUANCES

5.1. CURRENCY, CHANGES, CANCELLATIONS, AND EXPIRATIONS. On the first workday of each quarter, the Directives Division will provide the OSD Component Issuance Focal Points with a list of the issuances for which their Component is the OPR that are due to be reissued or require a change or cancellation within the next 18 months.

a. DoDD, DoDI, DoDM, and AI Currency.

(1) Currency. An issuance is considered current when the information contained within it is accurate and in effect according to the criteria in Paragraph 5.1.a.(2). Issuances are living documents that should be regularly maintained. Changes are permitted and encouraged and will be processed in accordance with Paragraph 5.1.b and the standards on the Website.

(2) Currency Criteria. The OSD Component heads must ensure that each issuance for which they are the OPR is reviewed annually and revised, changed, or cancelled as appropriate.

During the review, the OSD Component heads will ensure that:

(a) Each policy statement is verified as consistent with law and the policies of the current administration (the President, Secretary and Deputy Secretary of Defense, and OSD Component head).

(b) Each assignment of authority or responsibility is verified to be a current requirement and is appropriately assigned.

(c) The references are valid, correctly titled, and the most current versions are cited.

(d) The organizational entities cited throughout the issuance are accurate.

(3) Reissue. An issuance nearing its 10-year anniversary of publication must be reissued if it is still required. Whenever an issuance is no longer required, it must be cancelled in accordance with Paragraph 5.1.c.

b. DTM Currency. The OSD Component heads:

(1) Will, before the DTM’s expiration (12 months from the publication date):

(a) Incorporate the DTM into an existing DoDD, DoDI, AI, or DoDM;

(b) Convert the DTM to a new DoDD, DoDI, AI, or DoDM; or

(c) Cancel the DTM.

(2) May request DA&OP OCMO approval of an extension for a DTM and must provide compelling justification to support the extension. The Chief, Directives Division, may approve requests for DTM extension, and will forward recommended disapprovals to the DA&OP OCMO for final determination.

SECTION 5: REVISION AND COORDINATION OF DOD ISSUANCES 23

(3) Must prepare and process a new DTM or issuance if the extension request is disapproved by the DA&OP OCMO.

(4) May, if necessary, request that administrative changes be made to DTMs.

Substantive changes to DTMs will not be supported without compelling justification since they are of limited duration and must be incorporated into a new or existing issuances within 12 months of publication.

c. Changes. A change amends less than 25 percent of the content of an existing issuance.

(1) The two types of changes, administrative and substantive, are defined in the Glossary.

(a) Administrative changes to issuances don’t require formal coordination or legal reviews.

(b) Substantive changes:

1. Must be coordinated at the appropriate level for the type of issuance being changed in accordance with Paragraphs 5.2.d.(1) and 5.2.d.(2).

2. Must follow the standard issuance process, unless otherwise determined by the Chief, Directives Division.

3. Require an LSR; an LOR is optional.

4. Will be coordinated with the appropriate DoD Components, as determined by the Directives Division in consultation with the OPR.

(2) Coordinating agencies will comment on changing text (in red) only.

(3) Upon receipt of the appropriate OSD official’s approval of a change, the Directives Division will verify the changes, add the issuance change number and effective date beneath the original date, and publish the issuance on the Website according to its releasability statement as described in Paragraph 4.4.a. The issuance keeps its original publication or approval date and, if applicable, the original signature.

d. Cancellations.

(1) An issuance will be cancelled when the OPR determines it has served its purpose, is no longer needed, and isn’t appropriate for incorporation into a new, revised, or existing issuance.

(2) Cancellations must follow the standard issuance process, unless otherwise determined by the Chief, Directives Division. Cancellation of issuances not being incorporated into a new, revised, or existing issuance:

(a) Do not require an LOR or DOPSR clearance.

SECTION 5: REVISION AND COORDINATION OF DOD ISSUANCES 24

(b) Must be coordinated at the appropriate level for the type of issuance being cancelled in accordance with Paragraphs 5.2.d.(1) and 5.2.d.(2).

(c) Must list all Components that were identified as primary coordinators on the last action (issuance, revision, etc.) as collateral coordinators on the DD Form 106 in order to expedite processing.

(d) Require an LSR to make sure an issuance is not mistakenly cancelling policy or guidance still required to implement a statute or Executive order.

(3) Upon receipt of the appropriate OSD official’s approval of a cancellation, the Directives Division will verify the cancellation requirement, remove the issuance from the list of current issuances, and add it to the list of cancelled issuances on the Website.

e. Expiration. Issuances published before March 25, 2012 should be updated or cancelled within 10 years of their publication date. An issuance published or changed after March 25, 2012 may be processed for cancellation by the Directives Division on the 10-year anniversary of its original publication date in accordance with the March 25, 2012 Deputy Secretary of Defense Memorandum, unless an extension is approved. The Chief, Directives Division, may approve requests for issuance extension, and will forward recommended disapprovals to the DA&OP OCMO for final determination.

5.2. COORDINATION PROCESS - STANDARDS AND REQUIREMENTS.

a. Required Coordinators.

(1) OSD and DoD Component heads with equity in an issuance must be listed on the DD Form 106 as coordinating officials. OSD and DoD Component heads specifically assigned responsibilities must be designated as primary coordinators as described in Paragraph 5.2.b.

(2) OPRs must also coordinate with any non-DoD federal agencies having equity in an issuance in accordance with Paragraph 4.3.a(3). This coordination may be listed on the DD Form 106 in Item 11, labeled “Other” or handled separately as appropriate.

(3) DTMs must be coordinated with the mandatory coordinators, at a minimum, and must receive an LSR. Due to the time-sensitive nature of DTMs, all coordinators (except for mandatory) will be collateral.

b. Coordination Type. The three types of coordinations are mandatory, primary, and collateral.

(1) Mandatory. An “M,” pre-filled on the DD Form 106, indicates that coordination with IG DoD and the CMO is mandatory.

(2) Primary. A “P” indicates that an official has equity in the issuance and coordination is desired. If coordination isn’t provided by the suspense date, the OPR must continue with the issuance approval process in accordance with Paragraph 5.3.e. Issuances must not be delayed

SECTION 5: REVISION AND COORDINATION OF DOD ISSUANCES 25

waiting for late coordination or comments; however, the missing coordination must be addressed in the action memorandum requesting issuance approval so the approving official can make an informed decision when approving or disapproving an issuance.

(3) Collateral. A “C” indicates that an official has no apparent equity in an issuance, but is being provided an informational copy and has the option to comment. An issuance must not be delayed waiting for late coordination or comments from a collateral coordinator. Collateral coordinators will be included on the list of coordinating officials only if they provide coordination by the suspense date.

c. Coordination Duration. Issuances that exceed the timeline in Table 1 risk becoming obsolete with current DoD and U.S. policy. In order to prevent this from happening, coordinations are valid for a limited time as described in this paragraph.

(1) Coordinations are considered valid for:

(a) DoDDs, DoDIs, DoDMs, and AIs. Up to 60 working days (3 months) from the date of the Portal coordination suspense.

(b) DTMs. Up to 50 working days (9 weeks) from the date of the Portal coordination suspense.

(2) Coordinations for FR issuances are valid for an unlimited period of time as long as the associated rulemaking action is being actively worked by the OPR.

d. Coordination Level and Authorities.

(1) DoDDs, DoDIs, and DTMs Establishing Policy. Those officials authorized to coordinate on DoDDs, DoDIs, and DTMs establishing DoD policy include:

(a) The OSD Component heads and their Principal Deputies.

(b) The Chairman and Vice Chairman of the Joint Chiefs of Staff and the Director and Vice…