(a) The DUSD(I&E), under the authority, direction, and control of the USD(AT&L), shall, in relation to the Expanded HAP:
(1) Prescribe and monitor administrative and operational policies and procedures.
(2) Determine applicable personnel benefits and policies, in coordination with the Under Secretary of Defense (Comptroller) and the Under Secretary of Defense for Personnel and Readiness.
(3) Serve as senior appeals authority for appeals submitted by applicants.
(b) The Under Secretary of Defense (Comptroller) shall, in relation to the Expanded HAP:
(1) Implement policies and prescribe procedures for financial operations.
(2) Review and approve financial plans and budgets.
(3) Issue financing and obligation authorities.
(4) Administer the DoD Homeowners Assistance Fund.
(c) The Deputy Assistant Secretary of the Army for Installations and Housing (DASA(I&H)), subject to review by the DUSD(I&E), as the DoD Executive Agent for administering, managing, and executing the HAP, shall:
(1) Establish detailed policies and procedures for execution of the program.
(2) Maintain necessary records, prepare reports, and conduct audits.
(3) Publish regulations and forms.
(4) Disseminate information on the program.
(5) Forward copies of completed responses to congressional inquiries and appeals to the DUSD(I&E) for information.
(6) Serve as the initial approval authority for HAP appeals. The DASA(I&H) may approve appeals and shall forward recommendations for Expanded HAP denial to the DUSD(I&E) for decision.
(d) The Heads of the DoD Components and the Commandant of the Coast Guard, by agreement of the Secretary of Homeland Security, shall:
(1) Designate at least one representative at the headquarters level to work with DASA(I&H) and HQUSACE HAP offices.
(2) Require each installation to establish a liaison with the nearest HAP field office to obtain guidance or assistance on the HAP.
(3) Supply the HQUSACE HAP office a copy of any internal regulation, instruction, or guidance published relative to the Expanded HAP program.
(4) Disseminate information on the Expanded HAP and, upon request, supply HAP field offices with data pertaining to the Expanded HAP.
(e) HQUSACE. (1) Real Estate Community of Practice (CEMP-CR). The Director of Real Estate, acting for the Chief of Engineers, has been delegated authority and responsibility for the execution of HAP. CEMP-CR, as the central office for HAP, is responsible for the following:
(i) Supervision, interagency coordination, development of procedures, policy guidance, and processing of appeals forwarded from the districts and HQUSACE Major Subordinate Commands (MSC).
(ii) Maintaining an Expanded HAP central office and Expanded HAP field offices.
(iii) Processing appeals from the MSC where applicant agreement cannot be reached. Such appeals will be forwarded, in turn, to DASA(I&H) for consideration.
(2) Districts. Districts designated by the Director of Real Estate, and their Chiefs of Real Estate, have been delegated the authority to administer, manage, and execute the HAP on behalf of all applicants. Districts (as identified in § 239.9 of this part) are responsible for the following:
(i) Accepting applications (DD Form 1607) for HAP and Expanded HAP benefits.
(ii) Determining the eligibility of each applicant for Expanded HAP assistance using the criterion established by the DUSD(I&E).
(iii) Determining and advising each applicant on the most appropriate type of assistance.
(iv) Determining amounts to be paid, consistent with DoD policy, and making payments or authorizing and arranging for acquisition or transfer of the applicant's property.
(v) Maintaining, managing, and disposing of acquired properties or contracting for such services with private contractors.
(vi) Processing all appeals, except where applicant agreement cannot be reached. Such appeal cases will be forwarded, in turn, to the MSC, CEMP-CR, and DASA(I&H) for consideration.
(3) HQUSACE Major Subordinate Commands (MSC). MSCs have been delegated the authority to perform oversight and review of district program management and based upon that review, or in response to specific requests, to provide local policy guidance to the districts and recommend program changes or forward appeals to CEMP-CR for consideration.
Title 32 published on 2012-07-01
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