Code of Federal Regulations (alpha)

CFR /  Title 32  /  Part 233  /  Sec. 233.5 Responsibilities.

(a) The Under Secretary of Defense for Personnel and Readiness (USD(P&R;)) shall:

(1) Execute the responsibilities of the Presidential designee in accordance with DoD Directive 5124.02 (available at http://www.dtic.mil/whs/directives/corres/pdf/512402p.pdf).

(2) Administer the FVAP in accordance with Executive Order 12642, 10 U.S.C. 1566a, 42 U.S.C. 1973gg-5, and 42 U.S.C. 1973ff--1973ff-6.

(3) Coordinate and implement actions that may be necessary to discharge Federal responsibilities assigned in DoD Directive 5124.02, Executive Order 12642, 10 U.S.C. 1566, 42 U.S.C. 1973gg-5, 42 U.S.C. 1973ff--1973ff-6, Section 1604 of Public Law 107-107, ``The National Defense Authorization Act for Fiscal Year 2002,'' and Section 567 of Public Law 108-375, ``The National Defense Authorization Act for Fiscal Year 2005''.

(4) Develop policy and procedures to implement DoD responsibilities under 42 U.S.C. 1973gg-5 (also known as the ``National Voter Registration Act (NVRA)'').

(5) Grant or deny any hardship exemption waivers submitted by a State pursuant to 42 U.S.C. 1973ff-1(g) (after consultation with the Attorney General's designee) and inform the State of the results of the waiver request.

(6) Ensure that the Director, Department of Defense Human Resources Activity (DoDHRA) designates a civilian Director of the FVAP, who shall be responsible for all aspects of the FVAP, and shall have the necessary authority to administer that responsibility, as described in Sec. 233.6(a) of this part.

(b) The Director, DoDHRA, under the authority, direction, and control of the USD(P&R;), shall:

(1) In coordination with the USD(P&R;), designate an office by name for the execution of the FVAP.

(2) Ensure that the Director, FVAP carries out the responsibilities identified in Procedures.

(c) The IG DoD, in addition to the responsibilities in paragraph (d) of this section, shall:

(1) Provide to Congress an independent analysis of and report on the utilization and effectiveness of voting assistance programs, and the level of compliance with voting assistance programs of the Military Departments, in accordance with 10 U.S.C. 1566.

(2) Provide the Director, FVAP, along with the respective senior service representative, with copies of supporting data collected during the reviews and analyses conducted under paragraphs (b)(1) and (2) of this section.

(d) The Chief, National Guard Bureau, in addition to the responsibilities in paragraph (d) of this section shall:

(1) Designate in writing a uniformed officer or a civilian employee of the appropriate grade as the SSVR to manage the voting assistance program within the National Guard.

(2) Designate a SVAO, preferably a civilian employee (GS-12 or higher), to assist the SSVR and who shall be responsible for voting assistance operations within the National Guard.

(3) The Adjutants General of the National Guard of the States and Territories shall inform the State or territory chief election official when National Guard units are mobilized or placed in a Federal status.

(e) The Heads of the DoD Components and the Uniformed Services shall disseminate voting information and assist eligible voters, as required, in their respective organization, following the procedures in Sec. 233.6(b) of this part.

(f) The Combatant Commanders, in addition to the responsibilities in paragraph (d) of this section, shall:

(1) Ensure that deployed forces have access to Federal voting information and assistance, particularly in remote locations. To the extent practicable, provide uniformed services members under their command with access to computers with Internet capability and other necessary resources including, but not limited to, printers and scanners for absentee voting purposes.

(2) Emphasize, within the operational chain of command, the importance that they and the DoD attach to participation by uniformed service members in the Federal, State, and local election process and make every reasonable effort to assist the Military Services in discharging the responsibilities outlined elsewhere in this part.