The Office of the General Counsel is headed by the General Counsel of the Department of Defense (DoD). Appointed by the President with the advice and consent of the Senate, the General Counsel is by law the Chief Legal Officer of the DoD (10 U.S.C. § 140).

The position of the General Counsel of the Department of Defense was established by the Reorganization Plan No. 6 of 1953 and by Defense Directive 5145.1, August 24, 1953. The position was derived from one of the original three Special Assistants to the Secretary (1947) and the Assistant Secretary of Defense (Legal and Legislative Affairs) (1949).
Congress accepted Reorganization Plan No. 6, and it became effective on June 30, 1953. Reorganization Plan No. 6 established the General Counsel of the Department of Defense as substantially equivalent in rank to the Assistant Secretaries of Defense. The authority of the General Counsel as the Department's Chief Legal Officer is codified in 10 U.S.C. §140.

The General Counsel is responsible for the following functional areas:

• Provide advice to the Secretary and Deputy Secretary of Defense regarding all legal matters and services performed within, or involving, the Department of Defense.
• Provide legal advice to OSD organizations and, as appropriate, other DoD Components.
• Oversee, as appropriate, legal services performed within the Department of Defense, including determining the adherence by attorneys in the Department of Defense to appropriate professional standards.
• Coordinate on appeals from denial of requests under the Freedom of Information Act, as appropriate.
• Provide advice on standards of conduct involving personnel of OSD and, as appropriate, other DoD components.

• Develop the DoD Legislative Program and coordinate DoD positions on legislation and Executive Orders.

• Provide for the coordination of significant legal issues, including litigation involving the DoD and other matters before the Department of Justice in which DoD has an interest.

• Establish DoD policy on general legal issues, determine the DoD positions on specific legal problems, and resolve disagreements within the DoD on such matters.

• Perform such functions relating to the DoD security program (including surveillance over DoD personnel security programs) as the Secretary or Deputy Secretary of Defense may assign.

• Act as lead counsel for the Department in all international negotiations conducted by OSD organizations.

• Maintain the central repository for all international agreements coordinated, negotiated, or concluded by DoD personnel.

The General Counsel is "dual-hatted" as the Director of the Defense Legal Services Agency (DLSA), a DoD agency that provides legal advice and services for the Defense Agencies, DoD Field Activities, and other assigned organizations. The responsibilities and functions of the General Counsel in his or her capacity as the Director, DLSA, include:

• Organize, direct, and manage the DLSA and all assigned resources. Provide legal advice and services to the Defense Agencies, DoD Field Activities, and other assigned organizations.
• Provide technical support and assistance for development of the DoD Legislative Program.
• Manage the Departmental legislative comment programs.
• Provide a centralized legislative document reference and distribution point for the DoD and maintain the Department's historical legislative files.
• Coordinate DoD policy for standards of conduct and administer the Standards of Conduct Program for the OSD and other assigned organizations.
• Administer the Security Clearance Review Program.

DLSA includes the following:

• The Standards of Conduct Office, which advises officials in OSD and elsewhere in the Department of their obligations under the government ethics regulations;
• The Office of Legislative Counsel, which is responsible for coordinating all legislative proposals within DoD and, through the Office of Management and Budget, the Executive Branch; and
• The Defense Office of Hearings and Appeals (DOHA), the largest component of DLSA, which provides hearing and appeal procedures for security clearance determinations, CHAMPUS determinations, and other matters.

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Places of Interest US Navy Judge Advocate General's Corp USAF Judge Advocate General Army General Counsel Air Force Office of the General Counsel US Army Judge Advocate General's Corp US Court of Appeals for the Armed Forces Department of the Navy Office of the General Counsel Department of Justice Office of the Legal Advisor, Department of State WHS Directives and Records Branch

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Tuesday, 28-Sep-04 10:59:08

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