(a) The USD(I) must:
(1) In coordination with the Under Secretary of Defense for Personnel and Readiness (USD(P&R)) and the General Counsel of the Department of Defense (GC, DoD), establish adjudication procedures to support CAC credentialing decisions in accordance with DoD Manual 1000.13, Volume 1, “DoD Identification (ID) Cards; ID Card Life-Cycle”; U.S. Office of Personnel Management Memorandum, “Final Credentialing Standards for Issuing Personal Identity Verification Cards Under HSPD-12”; U.S. Office of Personnel Management Memorandum, “Introduction of Credentialing, Suitability, and Security Clearance Decision-Making Guide; Office of Management and Budget Memorandum M-05-24, “Implementation of Homeland Security Presidential Directive (HSPD) 12 - Policy for a Common Identification Standard for Federal Employees and Contractors” (available at http://www.whitehouse.gov/sites/default/files/omb/memoranda/fy2005/m05-24.pdf); U.S. Office of Personnel Management Federal Investigations Notice Number 06-04, “HSPD 12 - Advanced Fingerprint Results” (available at http://www.opm.gov/extra/investigate/FIN06_04.pdf); Homeland Security Presidential Directive-12, “Policy for a Common Identification Standard for Federal Employees and Contractors”; 5 U.S.C. 552, 552a and 7313; Federal Information Processing Standards Publication 201-2, “Personal Identity Verification (PIV) of Federal Employees and Contractors” (available at http://csrc.nist.gov/publications/PubsFIPS.html); Executive Order 13467, “Reforming Processes Related to Suitability for Government Employment, Fitness for Contractor Employees, and Eligibility for Access to Classified National Security Information”; Executive Order 13488, “Granting Reciprocity on Excepted Service and Federal Contractor Employee Fitness and Reinvestigating Individuals in Positions of Public Trust”; 15 U.S.C. 278g-3; 40 U.S.C. 11331; and U.S. Office of Personnel Management Federal Investigations Notice Number 10-05, “Reminder to Agencies of the Standards for Issuing Identity Credentials Under HSPD-12” (available at http://www.opm.gov/investigate/fins/2010/fin10-05.pdf) for issuing a CAC to Service members and DoD civilian personnel.
(2) In coordination with the Under Secretary of Defense for Acquisition, Technology, and Logistics (USD(AT&L)) and the GC, DoD, establish adjudication procedures to support a CAC credentialing decision for contractors in accordance with the terms of applicable contracts and the references cited in paragraph (a)(1) of this section, the Federal Acquisition Regulation (available at http://www.acquisition.gov/far/current/pdf/FAR.pdf), and the Defense Federal Acquisition Regulation Supplement (available at http://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html).
(3) Issue, interpret, and clarify CAC investigative and adjudicative guidance in coordination with the Suitability Executive Agent as necessary.
(b) The USD(P&R) must, in coordination with the GC, DoD, implement CAC PSI and adjudication procedures established herein as necessary to support issuance of a CAC to Service members and DoD civilian personnel in accordance with the references cited in paragraph (a)(1) of this section.
(c) The USD(AT&L) must, in coordination with the GC, DoD, implement CAC PSI and adjudication procedures established by the USD(I) for contractors in accordance with the terms of applicable contracts and the references cited in paragraph (a)(1) of this section, Federal Acquisition Regulation, current edition; and Defense Federal Acquisition Regulation Supplement, current edition.
(d) The GC, DoD must:
(1) Provide advice and guidance as to the legal sufficiency of procedures and standards involved in adjudicating CAC investigations.
(2) Perform functions relating to the DoD Homeland Security Presidential Directive (HSPD)-12 Program in accordance with DoD Directive 5220.6, “Defense Industrial Personnel Security Clearance Review Program” (available at http://www.dtic.mil/whs/directives/corres/pdf/522006p.pdf) and DoD Directive 5145.01, “General Counsel of the Department of Defense” (available at http://www.dtic.mil/whs/directives/corres/pdf/514501p.pdf) including maintenance and oversight of the Defense Office of Hearings and Appeals (DOHA) and its involvement in contractor CAC revocations as specified in paragraph (b)(6)(i)(B) of § 157.6 of this part.
(3) Coordinate on USD(P&R) implementation of CAC PSI and adjudication procedures, in accordance with the references cited in paragraph (a)(1) of this section, for Service members and DoD civilian personnel, and USD(AT&L) implementation of USD(I) procedures for CAC PSI and adjudication in accordance with the terms of applicable contracts and the references cited in paragraph (a)(1) of this section, Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement.
(e) The Heads of the DoD Components must:
(1) Comply with and implement this part.
(2) Provide resources for PSIs, adjudication, appeals, and recording of final adjudicative results in a centralized database.
(3) Require individuals sponsored for a CAC to meet eligibility requirements stated in DTM 08-003.
(4) Provide appeals boards for those individuals appealing CAC denial or revocation as specified in paragraph (b)(6)(i)(A) of § 157.6.
(5) Enforce requirements for reporting of derogatory information, unfavorable administrative actions, and adverse actions to personnel security, HR, and counterintelligence official(s), as appropriate.
(6) Require all PSIs submitted for non-DoD personnel to be supported by and comply with DoD PIV procedures in contracts that implement requirements of paragraphs 4.1303 and 52.204-9 of Federal Acquisition Regulation, current edition.
(7) Require all investigations and adjudications required for non-DoD personnel to be in response to a current, active contract or agreement and that the number of personnel submitted for investigation and adjudication does not exceed the specific requirements of that contract or agreement while ensuring compliance with HSPD-12.