[Federal Register Volume 59, Number 111 (Friday, June 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14085]


[[Page Unknown]]

[Federal Register: June 10, 1994]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 367

[DoD Directive 5136.1]

 

Assistant Secretary of Defense for Health Affairs

AGENCY: Office of the Secretary, DoD.

ACTION: Final rule.

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SUMMARY: This document revises the responsibilities, functions, 
relationships, and authorities of the Assistant Secretary of Defense 
for Health Affairs ASD(HA). The principal revision, the assignment of 
the Health Affairs functions under the Under Secretary of Defense for 
Personnel and Readiness is consistent with Section 903 of the FY 1994 
Defense Authorization Act.

EFFECTIVE DATE: May 27, 1994.

FOR FURTHER INFORMATION CONTACT:
G. Meiners, (703) 697-1142.

SUPPLEMENTARY INFORMATION: 

List of Subjects in 32 CFR Part 367

    Organization and functions (Government agencies).

    Accordingly, 32 CFR part 367 is revised to read as follows:

PART 367--ASSISTANT SECRETARY OF DEFENSE FOR HEALTH AFFAIRS

Sec.
367.1  Purpose.
367.2  Applicability.
367.3  Responsibilities and functions.
367.4  Relationships.
367.5  Authorities.

    Authority: 10 U.S.C. 113 and 138.


Sec. 367.1  Purpose.

    Pursuant to the authority vested in the Secretary of Defense by 10 
U.S.C. 113 and 138, this part updates the responsibilities, functions, 
relationships, and authorities of the ASD(HA), as prescribed herein.


Sec. 367.2  Applicability.

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


Sec. 367.3  Responsibilities and functions.

    The Assistant Secretary of Defense for Health Affairs, as the 
principal staff assistant and advisor to the Under Secretary of Defense 
for Personnel and Readiness (USD(P&R)) and the Secretary and Deputy 
Secretary of Defense for all DoD health policies, programs, and 
activities, shall effectively execute the Department's medical mission, 
which is to provide, and to maintain readiness to provide, medical 
services and support to members of the Armed Forces during military 
operations, and to provide medical services and support to members of 
the Armed Forces, their dependents, and others entitled to DoD medical 
care.
    (a) In carrying out these responsibilities, the ASD(HA) shall 
exercise authority, direction, and control over the medical personnel, 
facilities, programs, funding, and other resources within the 
Department of Defense, including, but not limited to:
    (1) Establishing policies, procedures, and standards that shall 
govern DoD medical programs.
    (2) Serving as program manager for all DoD health and medical 
resources. Preparing and submitting in the Department's planning, 
programming, and budgeting system (PPBS) a unified medical program and 
budget to provide resources for all medical activities within the 
Department of Defense. Consistent with applicable law, all funding for 
the DoD medical program, including operation and maintenance, 
procurement, and the Civilian Health and Medical Program of the 
Uniformed Services, but excluding funds for active and reserve medical 
military personnel, shall be accounted for in a single defense medical 
appropriations account. Funds for medical facility military 
construction shall be in a separate, single appropriations account.
    (3) Presenting and justifying the unified medical program and 
budget throughout the PPBS process, including representations before 
the Congress.
    (4) Co-chairing with the Director, Defense Research and 
Engineering, the Armed Services Biomedical Research Evaluation and 
Management Committee, which facilities consideration of DoD biomedical 
research.
    (5) Performing such other functions as the USD(P&R) and the 
Secretary of Defense may prescribe.
    (b) The ASD(HA) may not direct a change in the structure of the 
chain of command within a Military Department with respect to medical 
personnel and may not direct a change in the structure of the chain of 
command with respect to medical personnel assigned to that command.


Sec. 367.4  Relationships.

    (a) In the performance of assigned responsibilities and functions, 
the ASD(HA) shall serve under the authority, direction, and control of 
the USD(P&R) and shall:
    (1) Report directly to the USD(P&R).
    (2) Exercise authority, direction, and control over:
    (i) The Director, Office of Civilian Health and Medical Program of 
the Uniformed Services.
    (ii) The Director, Defense Medical Programs Activity.
    (iii) The Director, Armed Forces Institute of Pathology.
    (iv) The President, Uniformed Services University of the Health 
Sciences (USUHS), pursuant to the authority vested in the Secretary of 
Defense by 10 U.S.C. Chapter 104, except that the authority to appoint 
the President of the USUHS is reserved to the Secretary of Defense.
    (v) Such other subordinate officials as may be assigned.
    (3) Consult, as appropriate, with the Comptroller of the Department 
of Defense (C, DoD) and the Director, Program Analysis and Evaluation, 
to ensure that medical planning, programming, and budgeting activities 
are integrated with the DoD PPBS. The C, DoD, shall allocate and 
reallocate the funds in the Defense Health Program account and the 
medical facility military construction account among the DoD Components 
in accordance with ASD(HA) instructions, as coordinated with the 
USD(P&R), and applicable law.
    (4) Obtain through the Chairman of the Joint Chiefs of Staff, 
submissions of the operational and other needs of the Commanders of the 
Unified Combatant Commands, and obtain submissions from the Secretaries 
of the Military Departments of their proposed elements of the medical 
unified program and budget, and integrate those submissions as 
appropriate.
    (5) Coordinate and exchange information with other OSD officials 
and the Heads of DoD Components having collateral or related functions.
    (6) Use existing facilities and services of the Department of 
Defense and other Federal and non-Federal Agencies, whenever 
practicable, to achieve maximum efficiency and economy.
    (b) Other OSD officials and the Heads of the DoD Components shall 
coordinate with the ASD(HA) on all matters related to the 
responsibilities and functions in Sec. 367.3.


Sec. 367.5  Authorities.

    The ASD(HA) is hereby delegated authority to:
    (a) Issue DoD Instructions, DoD publications, and one-time 
directive-type memoranda, consistent with DoD 5025.1-M\1\, that 
implement policy approved by the Secretary of Defense in assigned 
fields of responsibility. Instructions to the Military Departments 
shall be issued through the Secretaries of those Departments. 
Instructions to Unified Combatant Commands shall be communicated 
through the Chairman of the Joint Chiefs of Staff.
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    \1\Copies may be obtained, at cost, from the National Technical 
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
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    (b) Obtain reports, information, advice, and assistance, consistent 
with DoD Directive 8910.1\2\ as necessary to carry out assigned 
functions.
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    \2\See footnote 1 to Sec. 367.5(a).
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    (c) Communicate directly with the Heads of the DoD Components. 
Communications to the Commanders of the Unified Combatant Commands 
shall be coordinated through the Chairman of the Joint Chiefs of Staff.
    (d) Make determinations on the uniform implementation of laws on 
separation from the Military Departments due to physical disability as 
prescribed in DoD Directive 1332.18\3\.
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    \3\See footnote 1 to Sec. 367.5(a).
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    (e) Develop, issue, and maintain regulations, with the coordination 
of the Military Departments, as necessary and appropriate to fulfill 
the Secretary of Defense's responsibility to administer 10 U.S.C. 
Chapter 55.
    (f) Establish arrangements for DoD participation in nondefense 
governmental programs for which the ASD(HA) has been assigned primary 
cognizance.
    (g) Communicate with other Government officials, representatives of 
the legislative branch, members of the public, and representatives of 
foreign governments, as appropriate, in carrying out assigned 
functions.

    Dated: June 6, 1994.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 94-14085 Filed 6-9-94; 8:45 am]
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