32 CFR 18.4 - Responsibilities and functions.

§ 18.4 Responsibilities and functions.
(a) The Appointing Authority for Military Commissions is an officer of the United States appointed by the Secretary of Defense pursuant to the U.S. Constitution and 10 U.S.C. In this capacity, the Appointing Authority for Military Commissions shall exercise the duties prescribed in DoD Military Commission Order No. 1 and this part and shall:
(1) Issue orders from time to time appointing one or more military commissions to try individuals subject to the President's Military Order and DoD Military Commission Order No. 1; and appoint any other personnel necessary to facilitate military commissions.
(2) Appoint military commission members and alternate members, based on competence to perform the duties involved. Remove members and alternate members for good cause pursuant to Military Commission Instruction No. 8.
(3) Designate a Presiding Officer from among the members of each military commission to preside over the proceedings of that military commission. The Presiding Officer shall be a military officer who is a judge advocate of any United States Armed Force.
(4) Approve and refer charges prepared by that Prosecution against an individual or individuals subject to Military Order of November 13, 2001.
(5) Approve plea agreements with an Accused.
(6) Decide interlocutory questions certified by the Presiding Officer.
(7) Ensure military commission proceedings are open to the maximum extent practicable. Decide when military commission proceedings should be closed pursuant to Military Order of November 13, 2001 and DoD Military Commission Order No. 1.
(8) Make decisions related to attendance at military commission proceedings by the public and accredited press and the public release of transcripts. Such matters, including policy and plans for media coverage shall be coordinated with the Assistant Secretary of Defense for Public Affairs (ASD(PA)) and, as appropriate, the Assistant Secretary of Defense for Special Operations/Low Intensity Conflict (ASD(SO/LIC)) under the Under Secretary of Defense for Policy (USD(P)).
(9) Approve or disapprove requests from the Prosecution and Defense to communicate with news media representatives regarding cases and other matters related to military commissions. Such matters shall be coordinated with the ASD(PA).
(10) Detail or employ personnel such as court reporters, interpreters, security personnel, bailiffs, and clerks to support military commissions, as necessary. When such details effect resources committed to operational missions, coordinate with the ASD (SO/LIC) under the USD(P) and the Heads of appropriate DoD Components.
(11) Order that such investigative or other resources be made available to Defense Counsel and the Accused ad deemed necessary for a full and fair trial, including appointing interpreters.
(12) Promptly review military commission records of trial for administrative completeness and determine appropriate disposition, either transmitting the record of trial to the Review Panel or returning it to the military commission for any necessary supplementary proceedings.
(13) Implement directions of officials with final decision-making authority for sentences.
(14) Perform supervisory and performance evaluation duties pursuant to this part and DoD Military Commission Instruction No. 6.
(15) Coordinate matters involving members of the Congress, including correspondence, with the Assistant Secretary of Defense for Legislative Affairs; and coordinate and exchange data and information with other OSD officials, the Heads of the DoD Components, and other Federal officials having collateral or related functions.
(16) Establish, maintain, and preserve records that serve as evidence of the organization, functions, policies, decisions, procedures, operations, and other activities of the Office of the Appointing Authority for Military Commissions in accordance with Title 44 U.S.C.
(17) Perform such other functions as the Secretary of Defense may prescribe.
(b) The General Counsel of the Department of Defense shall:
(1) Review and approve such regulations, instructions, memoranda, and other DoD publications prepared by the Appointing Authority (see § 18.6(c)) for the conduct of proceedings by military commissions established pursuant to Military Order of November 13, 2001 and DoD Military Commission Order No. 1.
(2) Provide guidance and issue instructions necessary to facilitate the conduct of proceedings by military commissions established pursuant to Military Order of November 13, 2001 and DoD Military Commission Order No. 1, including but not limited to instructions pertaining to military commission-related offices, performance evaluations and reporting relationships.
(c) The Chairman of the Joint Chiefs of Staff and the OSD Principal Staff Assistants shall exercise their designated authorities and responsibilities as established by law or DoD guidance to support the Appointing Authority for Military Commissions in the implementation of the responsibilities and functions specified herein.
(d) The Secretaries of the Military Departments shall support the personnel requirements of the Appointing Authority as validated by the General Counsel of the Department of Defense and provide other requested assistance and support within their capabilities.

Title 32 published on 2014-07-01

no entries appear in the Federal Register after this date.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 10 - ARMED FORCES

§ 113 - Secretary of Defense

§ 131 - Office of the Secretary of Defense

§ 132 - Deputy Secretary of Defense

§ 132a - Deputy Chief Management Officer

§ 133 - Under Secretary of Defense for Acquisition, Technology, and Logistics

§ 133a - Repealed.

§ 133b - Renumbered

§ 134 - Under Secretary of Defense for Policy

§ 134a - Repealed.

§ 134b - Repealed.

§ 135 - Under Secretary of Defense (Comptroller)

§ 136 - Under Secretary of Defense for Personnel and Readiness

§ 136a - Repealed.

§ 137 - Under Secretary of Defense for Intelligence

§ 137a - Principal Deputy Under Secretaries of Defense

§ 138 - Assistant Secretaries of Defense

§ 138a - Assistant Secretary of Defense for Logistics and Materiel Readiness

§ 138b - Assistant Secretary of Defense for Research and Engineering

§ 138c - Assistant Secretary of Defense for Operational Energy Plans and Programs

§ 138d - Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs

§ 139 - Director of Operational Test and Evaluation

§ 139a - Director of Cost Assessment and Program Evaluation

§ 139b - Deputy Assistant Secretary of Defense for Developmental Test and Evaluation; Deputy Assistant Secretary of Defense for Systems Engineering: joint guidance

§ 139c - Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy

§ 139d

§ 140 - General Counsel

§ 140a - Renumbered

§ 140b - Renumbered

§ 140c

§ 141 - Inspector General

§ 142 - Renumbered

§ 143 - Office of the Secretary of Defense personnel: limitation

§ 144 - Director of Small Business Programs