(a) The Under Secretary of Defense for Research and Engineering (USDR&E) shall have overall responsibility for the implementation of this Directive and shall designate an office to:
(1) Administer and monitor compliance with this Directive.
(2) Receive and disseminate notifications of temporary revocation in accordance with § 250.5(e) of this part.
(3) Receive recommendations for disqualification made in accordance with § 250.5(f) of this part, and act as initial disqualification authority.
(4) Provide, when necessary, technical assistance to DoD Components in assessing the significance of the military or space application of technical data that may be withheld from public disclosure under this Directive.
(5) Establish procedures to develop, collect, and disseminate certification statements and ensure their sufficiency, accuracy, and periodic renewal, and to make final determinations of qualification.
(6) Ensure that the requirements of this Directive are incorporated into the DoD Federal Acquisition Regulation Supplement for optional application to contracts involving technical data governed by this Directive.
(7) Develop, in conjunction with the General Counsel, Department of Defense, guidelines for responding to appeals.
(8) Develop procedures to ensure that DoD Components apply consistent criteria in authorizing exceptions under § 250.5(i) of this part.
(9) Establish procedures and appropriate mechanisms for the certification of qualified U.S. contractors, pursuant to § 250.6(a)(5) of this part, within 60 days of the effective date of this Directive. During this 60-day period, requests for technical data governed by this Directive shall be processed in accordance with procedures in effect before the promulgation of this Directive.
(10) Take such other actions that may be required to ensure consistent and appropriate implementation of this Directive within the Department of Defense.
(b) The Under Secretary of Defense for Policy shall:
(1) Develop and promulgate, as required, policy guidance to DoD Components for implementing this Directive.
(2) Develop procedures with the Departments of State and Commerce to ensure referral of export cases involving technical data governed by this Directive to the Department of Defense.
(c) The Assistant Secretary of Defense (Public Affairs) shall:
(1) Monitor the implementation of provisions of this Directive that pertain to DoD 5400.7-R.
(2) Provide such other assistance as may be necessary to ensure compliance with this Directive.
(d) The General Counsel, Department of Defense, shall:
(1) Assist in carrying out the provisions of this Directive by advising DoD Components with respect to the statutory and regulatory requirements governing the export of technical data.
(2) Advise the USDR&E regarding consistent and appropriate implementation of this Directive.
(e) The Heads of DoD Components shall:
(1) As the delegated authority, have the option to redelegate the authority to withhold technical data in accordance with this Directive.
(2) Disseminate and withhold from public disclosure technical data subject to this Directive in a manner consistent with the policies and procedures set forth herein.
(3) Designate a focal point to
(i) Ensure implementation of this Directive;
(ii) Identify classes of technical data the release of which is governed by § 250.5(d)(3) of this part ;
(iii) Act on appeals relating to case-by-case denials of technical data;
(iv) Suspend a contractor's qualification pursuant to § 250.(e) of this part;
(v) Receive and evaluate requests for reinstatement of a contractor's qualification; and, when appropriate,
(vi) Recommend disqualification to the OUSDR&E.
(4) Promulgate and effect regulations to implement this Directive within 180 days.
(5) Disseminate technical data governed by this Directive in the manner prescribed herein, to the extent feasible, during the period after which certification procedures have been established under § 250.6(a)(9) of this part, but before DoD Components have issued implementing regulations under paragraph (e)(4) of this section. However, if such dissemination is not feasible, the DoD Component may process requests for such data in accordance with procedures in effect before the promulgation of this Directive.
Title 32 published on 2012-07-01
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.