[Federal Register Volume 59, Number 131 (Monday, July 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16685]


[[Page Unknown]]

[Federal Register: July 11, 1994]


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DEPARTMENT OF DEFENSE
32 CFR Part 384

[DoD Directive 5134.1]

 

Under Secretary of Defense for Acquisition and Technology; 
Organizational Charter

AGENCY: Office of the Secretary, DoD.

ACTION: Final rule.

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SUMMARY: This part is issued to reflect changes in title, functions, 
responsibilities, and relationships, in organizational changes within 
the Department of Defense.

EFFECTIVE DATE: June 8, 1994.

FOR FURTHER INFORMATION CONTACT:
Mr. R. Kennedy, Office of Organizational and Management Planning, 
telephone 703-697-1142.

SUPPLEMENTARY INFORMATION: 

List of Subjects in 32 CFR Part 384

    Organization and functions (Government agencies).

    Accordingly, Title 32, Chapter I, Subchapter R is amended to add 
Part 384 to read as follows:

PART 384--UNDER SECRETARY OF DEFENSE FOR ACQUISITION AND TECHNOLOGY

Sec.
384.1  Purpose.
384.2  Definition.
384.3  Applicability.
384.4  Responsibilities.
384.5  Functions.
384.6  Relationships.
384.7  Authorities.
Appendix A to Part 384--Delegations of Authority.

    Authority: 10 U.S.C. 113 and 133.


Sec. 384.1  Purpose.

    Pursuant to 10 U.S.C. 133 and the authority vested in the Secretary 
of Defense by 10 U.S.C. 113, this part updates the responsibilities, 
functions, relationships, and authorities of the USD(A&T).


Sec. 384.2  Definition.

    Department of Defense Acquisition System. A single, uniform system 
whereby all equipment, facilities, and services are planned, designed, 
developed, acquired, maintained, and disposed of within the Department 
of Defense. The system encompasses establishing and enforcing policies 
and practices that govern acquisitions, to include documenting mission 
needs and establishing performance goals and baselines; determining and 
prioritizing resource requirements for acquisition programs; planning 
and executing acquisition programs; directing and controlling the 
acquisition review process; developing and assessing logistics 
implications; contracting; monitoring the execution status of approved 
programs; and reporting to Congress.


Sec. 384.3  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. 384.4  Responsibilities.

    The Under Secretary of Defense for Acquisition and Technology, as 
the senior acquisition executive of the Department of Defense, is the 
principal staff assistant and advisor to the Secretary and Deputy 
Secretary of Defense for all matters relating to the DoD Acquisition 
System, research and development, advanced technology, test and 
evaluation, production, logistics, military construction, procurement, 
economic security, environmental security, and atomic energy.
    (a) The Under Secretary of Defense for Acquisition and Technology 
shall:
    (1) Serve as the Defense Acquisition Executive with responsibility 
for supervising the performance of the DoD Acquisition System and 
enforcing the policies and practices in DoD Directive 5000.1\1\ and OMB 
Circular A-109.\2\
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    \1\Copies may be obtained, at cost, from the National Technical 
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
    \2\Copies may be obtained by written request to EOP 
Publications, 725 17th Street, N.W., New Executive Office Building, 
Washington, DC 20503.
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    (2) Chair the Defense Acquisition Board (DAB) pursuant to DoD 
Directive 5000.49.\3\
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    \3\See footnote 1 to Sec. 384.4(a)(1).
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    (3) Serve as the DoD Procurement Executive, with responsibilities 
as prescribed in E.O. 12352, 47 FR 12125, 3 CFR, 1982 Comp., p. 137, 
and 41 U.S.C. 401-424.
    (4) Serve as the United States representative at the North Atlantic 
Treaty Organization (NATO) Conference of National Armaments' Directors 
and other multinational forums of armaments' directors.
    (5) Establish and publish policies and procedures governing the 
operations of the DoD Acquisition System and the administrative 
oversight of defense contractors.
    (6) Prescribe the developmental testing and evaluation program 
(which excludes those statutory test and evaluation responsibilities 
assigned to the Director, Operational Test and Evaluation), including 
establishing and ensuring implementation of policies and program plans, 
including funding, for ranges and test facilities and also be 
responsible for the acquisition-related functions of weapons programs, 
including control of the elements of the OSD performing the 
acquisition-related function of strategic and theater nuclear forces 
programs and tactical warfare programs.
    (7) Prescribe policies, in coordination with the IG, DoD, and the 
Comptroller of the Department of Defense (C, DoD), to ensure that audit 
and oversight of contractor activities are coordinated and carried out 
in a manner to prevent duplication by different elements of the 
Department. The exercise of this responsibility shall not affect the 
authority of the IG, DoD, under the Inspector General Act of 1978 (Pub. 
L. 95-452, 92 Stat. 1101).
    (8) Coordinate research and development programs DoD-wide to 
eliminate duplication of effort and ensure that available resources are 
used to maximum advantage.
    (9) Establish policies and programs that strengthen DoD Component 
technology development programs, encourage technical competition and 
technology-driven prototyping that promise increased military 
capabilities, and exploit the cost-reduction potential of innovative or 
commercially developed technologies.
    (10) Develop acquisition plans, strategies, guidance, and 
assessments, including affordability assessments and investment area 
analyses, in support of the acquisition Milestone review and the 
Planning, Programming, and Budgeting Systems (PPBS) processes.
    (11) Designate major defense acquisition programs as either DAB or 
Component programs, sign congressional certifications and reports, 
administer the Selected Acquisition Report and Unit Cost Report 
systems, and exercise the other specific authorities provided for in 
the delegations of authority in the Appendix A to this part.
    (12) Develop, with the coordination of the Under Secretary of 
Defense for Policy (USD(P)), agreements with friendly and Allied 
Nations relating to acquisition matters consistent with DoD Directive 
5530.3.\4\
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    \4\See footnote 1 to Sec. 384.4(a)(1).
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    (13) Develop assessments of, and establish policies to maintain the 
capability of the U.S. defense industry to meet DoD needs.
    (14) Supervise the management and performance of the Strategic and 
Critical Materials Program pursuant to E.O. 12626, 53 FR 47491, 3 CFR, 
1988 Comp., p. 585.
    (15) Establish policies and procedures, with the coordination of 
the Under Secretary of Defense (Personnel and Readiness), for the 
effective management of the acquisition workforce within the Department 
of Defense, including accession, education, training, and career 
development.
    (16) Advise the Secretary and Deputy Secretary of Defense on 
technical and programmatic issues arising in Defense Resources Board 
matters.
    (17) Establish and manage the cooperative research and development 
program.
    (18) Manage the OSD Study Program.
    (19) Establish policies and procedures for the management of the 
DoD environmental security strategy for cleanup, compliance, 
conservation, and pollution prevention.
    (20) Supervise the Defense Science Board.
    (21) Chair the Nuclear Weapons Council.
    (b) For each assigned functional area identified in Sec. 384.5, the 
Under Secretary of Defense for Acquisition and Technology shall:
    (1) Direct planning and analyses activities to assess the 
technical, economic, and military worth of specific acquisition 
programs and investment areas.
    (2) Establish policies, systems, and standards that promote more 
effective and efficient administration and management of acquisition 
resources, and monitor the execution of approved programs to ensure 
available resources are being applied in accordance with established 
policies and standards.
    (3) Review and evaluate DoD Component plans, programs, and budget 
submissions to ensure adherence to established priorities, policies and 
procedures, standards, and resource guidance; and, as appropriate, 
develop recommended alternatives for Secretary and Deputy Secretary of 
Defense consideration during all phases of the PPBS process.
    (4) Promote coordination, cooperation, and mutual understanding of 
all matters related to assigned activities, both inside and outside the 
Department of Defense.
    (c) Perform such other duties as the Secretary or Deputy Secretary 
of Defense may prescribe.


Sec. 384.5  Functions.

    The USD(A&T) shall carry out the responsibilities described in 
Sec. 384.3, for the following functional areas:
    (a) Acquisition management, including acquisition special access 
programs.
    (b) Science and technology and the defense technology base.
    (c) Design and engineering, and the development of weapon systems.
    (d) Logistics acquisition and management, to include supply 
systems, weapons systems logistics elements, items standardization, 
transportation, energy, warehousing, distribution, and related 
activities.
    (e) Procurement.
    (f) Scientific and technical information.
    (g) Production and manufacturing.
    (h) Industrial base resources and productivity.
    (i) Force modernization and sustainability and the availability of 
fielded major weapons systems.
    (j) Developmental test and evaluation, as defined in DoD Directive 
5000.1 and, to the extent permitted by law, review and approval of the 
Test and Evaluation Master Plan.
    (k) Environmental policy, services, and related actions.
    (l) Assignment and reassignment of research and engineering and 
acquisition responsibility for programs, systems, and activities.
    (m) Codevelopment, coproduction, coprocurement, logistics support, 
wartime host-nation support, and research interchange with friendly and 
Allied Nations, in coordination with the Under Secretary of Defense for 
Policy (USD(P)).
    (n) Installation management and base closures.
    (o) Construction, including construction funded by host nations 
under the NATO Infrastructure Program and similar programs with other 
Allied countries.
    (p) Strategic and critical materials, to include the acquisition, 
retention, and disposal of stocks and the conservation and development 
of sources of materials.
    (q) Unique acquisition matters in support of special operations and 
low-intensity conflict programs, systems, and activities related to 
acquisition, in coordination with the USD(P).
    (r) Defense Acquisition program protection measures and related 
counterintelligence and system security activities, in coordination 
with the Assistant Secretary of Defense for Command, Control, 
Communications, and Intelligence (ASD(C3I)).
    (s) Economic adjustment.
    (t) Defense atomic energy, chemical warfare, and biological defense 
plans and programs.


Sec. 384.6  Relationships.

    (a) In the performance of assigned functions and responsibilities, 
the USD(A&T) shall:
    (1) Take precedence in the Department of Defense on acquisition 
matters after the Secretary and Deputy Secretary of Defense. On all 
other matters, the USD(A&T) shall take precedence after the Secretary 
and Deputy Secretary of Defense and the Secretaries of the Military 
Departments.
    (2) Exercise authority, direction, and control over:
    (i) The Principal Deputy Under Secretary of Defense for Acquisition 
and Technology (PDUSD(A&T)).
    (ii) The Director of Defense Research and Engineering (DDR&E).
    (iii) The Assistant Secretary of Defense for Economic Security 
(ASD(ES)).
    (iv) The Assistant to the Secretary of Defense for Atomic Energy 
(ATSD(AE)).
    (v) The Director, Advanced Research Projects Agency, through the 
DDR&E.
    (vi) The Director, Defense Logistics Agency.
    (vii) The Director, Defense Nuclear Agency, through the ATSD(AE).
    (viii) The Director, Ballistic Missile Defense Organization.
    (ix) The Director, On-Site Inspection Agency, through the ATSD(AE), 
to be exercised consistent with DoD Directive TS-5134.2.\5\
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    \5\Classified document. Not releasable.
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    (x) The Director of Small and Disadvantaged Business Utilization.
    (xi) The Director, Office of Economic Adjustment, through the 
ASD(ES).
    (xii) The President, Defense Acquisition University.
    (xiii) The Commandant, Defense Systems Management College.
    (xiv) Such other organizations as may be established by the 
USD(A&T) within resources provided by the Secretary of Defense.
    (3) Use existing facilities and services of the Department of 
Defense and other Federal Agencies, whenever practicable, to avoid 
duplication and to achieve an appropriate balance among modernization, 
readiness, sustainability, efficiency, and economy.
    (b) The Secretaries of the Military Departments and the heads of 
other DoD Components shall consult the USD(A&T) before assigning an 
officer or employee to serve as a Program Executive Officer or a 
Program Manager, or reassigning an officer or employee so serving, for 
any program subject to review by the DAB.
    (c) The Secretaries of the Military Departments and the heads of 
other DoD Components shall consult the USD(A&T) on program objectives 
memoranda and budget estimate submissions that reflect a significant 
change to any program subject to review by the DAB, before their 
submission to the OSD.
    (d) The USD(A&T) shall work directly with the Service Acquisition 
Executives.
    (e) Other OSD officials and heads of the DoD Components shall 
coordinate with the USD(A&T) on all matters related to authorities, 
responsibilities, and functions assigned in this part.


Sec. 384.7  Authorities.

    (a) The USD(A&T) is hereby granted the authority to direct the 
Secretaries of the Military Departments and heads of all other DoD 
Components on all matters of acquisition.
    (b) The USD(A&T) shall decide upon the appropriate implementing 
actions to be taken as a result of DAB reviews, to include the 
establishment of specific exit criteria that must be satisfactorily 
demonstrated before an effort or program can progress to the next 
Milestone decision point. The USD(A&T)'s decisions shall be reflected 
in an Acquisition Decision Memorandum issued by the USD(A&T) for 
implementation by the heads of the DoD Components.
    (c) The C, DoD, shall coordinate with the USD(A&T) prior to 
approving the transfer or reprogramming of funds into or from a program 
within the purview of the USD(A&T).
    (d) The USD(A&T) may direct the C, DoD, to withhold the release of 
funds to an acquisition program when the USD(A&T) determines that such 
direction is necessary to ensure that the program meets the criteria 
established by DoD Directives for exiting the Milestone and all 
additional exit criteria for the program established by the Secretary 
of Defense, the Deputy Secretary of Defense, or the USD(A&T). The 
USD(A&T) may not delegate the authority granted by this subsection to 
anyone other than the PDUSD(A&T).
    (e) The USD(A&T) shall:
    (1) Issue DoD Instructions, DoD Publications, and one-time 
directive-type memoranda, consistent with DoD 5025.1-M,\6\ that 
implement acquisition policies and procedures for the functions 
assigned to the USD(A&T). Instructions to the Military Departments 
shall be issued through the Secretaries of the Military Departments. 
Instructions to Unified Combatant Commands shall be communicated 
through the Chairman of the Joint Chiefs to Staff.
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    \6\See footnote 1 to Sec. 384.4(a)(1).
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    (2) Obtain reports, information, advice, and assistance, consistent 
with DoD Directive 8910.1,\7\ as necessary, in carrying out assigned 
functions.
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    \7\See footnote 1 to Sec. 384.4(a)(1).
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    (3) Communicate directly with the heads of the DoD Components. 
Communications to Commanders of the Unified Combatant Commands shall be 
transmitted through the Chairman of the Joint Chiefs of Staff.
    (4) Establish arrangements for DoD participation in nondefense 
governmental programs for which the USD(A&T) is assigned primary DoD 
cognizance.
    (5) Communicate with other Government Agencies, representatives of 
the legislative branch, and members of the public, as appropriate, in 
carrying out assigned functions.
    (6) Coordinate with and exchange information with other DoD 
officials exercising collateral or related responsibilities.
    (7) Exercise the delegations of authority in Appendix A to this 
part.
    (f) Nothing in this part limits or otherwise affects delegations of 
authority by the Secretary of Defense to the Deputy Secretary of 
Defense.

Appendix A to Part 384--Delegations of Authority

    I. Pursuant to the authority vested in the Secretary of Defense, 
and subject to his direction, authority, and control, and in 
accordance with DoD policies, Directives, and Instructions, the 
USD(A&T) 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, and 
interagency agreement, except where specifically limited by statute 
or Executive order to the Secretary of Defense, to include but not 
limited to:
    1. Exercise all authorities delegated to the Secretary of 
Defense by the Department of Commerce for the Defense Priorities and 
Allocations System (DPAS Del. No. 1, as amended). In addition, 
exercise the authorities delegated to the Secretary of Defense by 
Executive Order 12742, dated January 8, 1991 (3 CFR, 1991 Comp., p. 
309)
    2. Act for the Secretary of Defense in the exercise of 
extraordinary contractual action authority under Pub. L. 85-804, as 
amended by Pub. L. 93-155 (50 U.S.C. 1431-1435), as amended--an Act 
to authorize the making, amendment, and modification of contracts to 
facilitate the national defense, August 28, 1958, in accordance with 
E.O. 10789, November 14, 1958, as amended, 23 FR 8897, 3 CFR, 1954-
1958 Comp., p. 426 and 48 CFR part 50.
    3. Make Secretarial determinations, justifications, and 
approvals on behalf of the Advanced Research Projects Agency, 
Ballistic Missile Defense Organization, Defense Contract Management 
Command, Defense Logistics Agency, the Defense Nuclear Agency, the 
On-Site Inspection Agency, the Office of Economic Adjustment, the 
Defense Acquisition University, and the Defense Systems Management 
College under title 10, United States Code, with the authority to 
redelegate to the Heads of those organizations, and other 
organizations as may be assigned to the USD(A&T), as appropriate.
    4. Act for the Secretary of Defense in making determinations and 
authorizing waivers under the Buy American Act (41 U.S.C. 10a-10d).
    5. Act for the Secretary of Defense on delegations of authority 
to him by the U.S. Trade Representative to waive the prohibition 
against procurement from certain countries, pursuant to title 3, 
Pub. L. 96-36, Trade Agreements Act of 1979 (19 U.S.C. 2511 et 
seq.), and E.O. 12260, December 31, 1980, 46 FR 1653, 3 CFR, 1980 
Comp., p. 311.
    6. Act for, and exercise the powers of, the Secretary of Defense 
on requests for waiver of the navigation and vessel inspection laws 
of the United States under Pub. L. 891, 81st Congress, 2nd Session, 
December 27, 1950 (64 Stat. 1120), except on those matters that have 
been delegated by the Secretary of Defense to the Secretary of the 
Army.
    7. Make recommendations to the Department of Energy in 
connection with facilities for transmission of electric energy and 
natural gas across borders of the United States, pursuant to the 
authority given the Secretary of Defense in E.O. 10485, September 3, 
1953, 18 FR 5397, 3 CFR, 1949-1953 Comp., p. 70, as amended by E.O. 
12038, February 3, 1978, 11 FR 1809, 3 CFR 1943-1948 Comp., p. 508.
    8. Exercise all responsibilities and authorities of the 
Secretary of Defense under 10 U.S.C. 2404, on the acquisition of 
petroleum.
    9. Act for the Secretary of Defense in the implementation of OMB 
Circular A-109,\1\ ``Major System Acquisitions,'' April 5, 1976.
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    \1\Copies may be obtained by written request to EOP 
Publications, 725 17th Street, NW., New Executive Office Building, 
Washington, DC 20503.
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    10. Make the determination required by 50 U.S.C. 1512(1), on 
transportation or testing of any lethal chemical or any biological 
warfare agent.
    11. Make written determinations for conduct of all closed 
meetings of Federal Advisory Committees under his cognizance as 
prescribed by section 10(d) of the Act (5 U.S.C. Appendix II, 
10(d)).
    12. Act for the Secretary of Defense in the implementation of 
OMB Circular A-76,\2\ ``Performance of Commercial Activities,'' as 
revised, August 4, 1983.
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    \2\See footnote 1 to section 9 of this Appendix.
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    13. With the exception of the determination of highly sensitive 
classified programs, which is retained by the Secretary of Defense, 
exercise the responsibilities and authorities of the Secretary of 
Defense to designate major defense acquisition programs, as defined 
in title 10, United States Code, section 2430.
    14. Act for the Secretary of Defense in preparing and revising 
an acquisition strategy for a major defense acquisition program 
throughout the period from the beginning of Full-Scale Development 
(Engineering and Manufacturing Development) through the end of 
production under Sections 2438 and 2439 of title 10, United States 
Code.
    15. Act for the Secretary of Defense in making certifications, 
providing reports, and approving waivers for major defense 
acquisition programs required by Title 10, United States Code. This 
authority includes, but is not limited to, the following:
    a. Submit Selected Acquisition Reports (SARs) (Section 2432), to 
include notifications of SAR waivers and research, development, 
test, and evaluation-only SARs.
    b. Make and submit certifications required for Unit Cost Reports 
(Section 2433).
    16. Exercise all authorities delegated to the Secretary of 
Defense by E.O. 12580, January 23, 1987, 52 FR 2923, 3 CFR, 1977 
Comp., p. 193, on responses to releases of hazardous substances for 
DoD facilities and vessels under the Comprehensive Environmental 
Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.) 
as amended by the Superfund Amendments and Reauthorization Act of 
1986 (Pub. L. 99-499, October 17, 1986) (100 Stat. 1613).
    17. Exercise all responsibilities and authority of the Secretary 
of Defense under 10 U.S.C. 2701-2707 and 10 U.S.C. 2810 on conduct 
of the Defense Environmental Restoration Program.
    18. Exercise the authority of the Secretary of Defense under 10 
U.S.C. 2354 for the DoD Components other than the Military 
Departments.
    19. Serve on and attend meetings of the Federal Acquisition 
Regulatory Council, established by section 25 of the Office of 
Federal Procurement Policy Act, as amended. The PDUSD(A&T) shall 
serve in the absence of the USD(A&T). This authority may be 
redelegated consistent with section 25 of the Office of Federal 
Procurement Policy Act, as amended (Pub. L. 93-400, 88 Stat 796), 
and section 809 of the National Defense Authorization Act for Fiscal 
Years 1992 and 1993, Pub. L. 102-190 (105 Stat. 1290).
    20. Perform the functions and responsibilities set out at 
section 25(d) of the Office of Federal Procurement Policy Act, as 
amended. The authority to review and approve or disapprove 
regulations relating to procurement under subsection 25(d)(1) may 
not be redelegated to any person outside the Office of the USD(A&T).
    21. Exercise the authority of the Secretary of Defense under 10 
U.S.C. 2350b with respect to NATO Cooperative Projects as defined in 
section 27 of the Arms Export Control Act. (Pub. L. 90-629, 82 Stat. 
1320) The authority to grant waivers as authorized in subsection 
2340b(c) may not be redelegated.
    22. Exercise all powers and duties of the Secretary of Defense 
under 10 U.S.C. 2535 to provide a comprehensive and continuous 
defense industrial reserve program.
    23. Act for the Secretary of Defense in the exercise of 
authority under the Strategic and Critical Materials Stock Piling 
Act (50 U.S.C. 98 et seq.) in accordance with E.O. 12626, February 
25, 1988, 53 FR 6114, 3 CFR, 1988 Comp., p. 552.
    24. Act for the Secretary of Defense, under the authority of 
Federal Property Management Regulations, 41 CFR 101-33.002, or under 
nay other Delegation of Authority that may hereafter be made by the 
Administrator of General Services, to enter into contracts for 
public utility services for a period not to exceed 10 years. This 
authority may be delegated.
    25. Act for the Secretary of Defense in establishing and 
exercising policy direction and oversight over a defense technology 
office in Japan, in compliance with section 248 of the National 
Defense Authorization Act for fiscal year 1991 (Pub. L. 101-510) 
(104 Stat. 1485).
    26. Exercise the authority of the Secretary of Defense in 10 
U.S.C. 2410i, section 9069 of the DoD Appropriations Act, 1993 (Pub. 
L. 102-396) (106 Stat. 1876), and section 8072A of DoD 
Appropriations Act, 1992 (Pub. L. 102-172) (105 Stat. 1150) to waive 
prohibitions on awarding contracts to foreign entities that have not 
certified that they do not comply with the secondary boycott of 
Israel.
    II. The USD(A&T) may redelegate these authorities, as 
appropriate, except as otherwise specifically indicated in this 
Appendix or prohibited by law, Directive, or regulation.

    Dated: July 6, 1994.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 94-16685 Filed 7-8-94; 8:45 am]
BILLING CODE 5000-04-M