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DoDD 5105.76, August 30, 2022 Change 1, February 3, 2023 TABLE OF CONTENTS2 TABLE OF CONTENTSSECTION 1:GENERAL ISSUANCE INFORMATION …………………………………………………………………… 31.1. Applicability. …………………………………………………………………………………………………….. 31.2. Policy. ………………………………………………………………………………………………………………. 31.3. Summary of Change 1. ……………………………………………………………………………………….. 4SECTION 2:RESPONSIBILITIES …………………………………………………………………………………………… 52.1. DA&M. …………………………………………………………………………………………………………….. 52.2. Director, WHS. ………………………………………………………………………………………………….. 62.3. Director, Pentagon Force Protection Agency (PFPA). …………………………………………….. 72.4. Under Secretary of Defense for Personnel and Readiness. ……………………………………….. 72.5. General Counsel of the Department of Defense (GC DoD). …………………………………….. 82.6. Assistant Secretary of Defense for Legislative Affairs. ……………………………………………. 82.7. Assistant to the Secretary of Defense for Public Affairs. …………………………………………. 92.8. Special Assistant to the Secretary of Defense for White House Liaison. ……………………. 92.9. OSD PSAs and DoD Component Heads. ………………………………………………………………. 92.10. Secretaries of the Military Departments. ……………………………………………………………. 10SECTION 3:SUCCESSION PLANS ………………………………………………………………………………………. 11SECTION 4:DODTRANSITION STRUCTURE ……………………………………………………………………….. 124.1. Purpose. …………………………………………………………………………………………………………… 124.2. Transition SSG. ………………………………………………………………………………………………… 124.3. DoD Transition Director. …………………………………………………………………………………… 124.4. DoD TTF Director. …………………………………………………………………………………………… 144.5. OSD PSA and DoD Component TACs. ………………………………………………………………. 14GLOSSARY ……………………………………………………………………………………………………………………. 15G.1. Acronyms. ………………………………………………………………………………………………………. 15G.2. Definitions. ……………………………………………………………………………………………………… 16REFERENCES …………………………………………………………………………………………………………………. 18DoDD 5105.76, August 30, 2022 Change 1, February 3, 2023 SECTION 1:GENERAL ISSUANCE INFORMATION3 SECTION 1:GENERAL ISSUANCE INFORMATION1.1. APPLICABILITY. This issuance applies to OSD, the Military Departments, the Office of the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Combatant Commands, the Office of Inspector General of the Department of Defense, the Defense Agencies, the DoD Field Activities, and all other organizational entities within the DoD (referred to collectively in this issuance as the “DoD Components”). 1.2. POLICY.a. The DoD, in coordination with the Executive Office of the President, other Executive Branch departments and agencies, and the transition teams of eligible candidates and the President-E lect and Vice President–Elect, will:(1) Coordinate and carry out responsibilities required to accomplish an efficient and thorough transition of its political leadership. (2) Provide for the continuity of the national security activities of the United States.(3) Mitigate unnecessary disruption from such transition in political leadership.(4) Sustain effective and efficient operations within the DoD.b. Pursuant to Section 113 of Title 10, U.S.C.; the Presidential Transition Act of 1963, as amended; and Executive Order 13727, the SecDef establishes the DoD transition structure, described in Section 4, for the planning, coordination, management, and execution of transition activities. As such: (1) A Transition Senior Steering Group (SSG), to be chaired by the Deputy Secretary of Defense (DepSecDef), and the DoD Transition Task Force (TTF) are established. (2) A senior career official (SCO) for Presidential transition is designated and will serve as the DoD’s Transition Director.(3) OSD Principal Staff Assistants (PSAs) and DoD Component heads must designate transition assistance coordinators (TACs). c. The DoD will submit updated succession plans to the Federal Transition Coordinator no later than September 15th in a year during which a Presidential election is held, as well as identify and prepare interim agency leadership to ensure the continuity of mission operations and the goals listed in Paragraph 1.2.a. during transition (see Section 3 for additional information.).d. Instructions from the Assistant to the President for Presidential Personnel direct the DoD in the coordination of all activities relating to Presidential appointments. DoDD 5105.76, August 30, 2022 Change 1, February 3, 2023 SECTION 1:GENERAL ISSUANCE INFORMATION4 1.3. SUMMARY OF CHANGE 1.This change: a. Clarifies the Director of Administration and Management (DA&M) responsibility in Paragraph 2.1.a. regarding designating the DoD Transition Director. b. Corrects terminology in Paragraph 4.2. DoDD 5105.76, August 30, 2022 Change 1, February 3, 2023 SECTION 2:RESPONSIBILITIES5 SECTION 2:RESPONSIBILITIES2.1. DA&M. In addition to the responsibilities in Paragraph 2.9., the DA&M: a. Serves as the DoD Transition Director if a career executive. If the DA&M is a political appointee, an SCO will be designated to serve as the DoD Transition Director. b. Ensures the DoD Transition Director (or performs these duties if serving as the DoD Transition Director): (1) Manages and coordinates transition activities for PAS officials and other non-career senior officials and employees entering or departing from the DoD due to a Presidential transition and in conjunction with the DoD transition structure.(2) Publishes implementation procedures and guidelines for transition activities. (3) Represents the DoD on the Federal-level Agency Transition Directors Council and any other interagency transition meetings as the DoD representative for Presidential inaugural matters.(4) Oversees assigned personnel, administrative, and logistical functions, in accordance with DoD Directive (DoDD) 5105.53, to provide for the orderly departure and arrival of officials assigned to serve within the DoD. (5) Coordinates with the DoD TTF Director and the Special Assistant to the Secretary of Defense for White House Liaison for personnel and administrative matters pertaining to departing and incoming personnel. (6) Upon request, coordinates engagement on transition activities, before the election, with authorized representatives of eligible candidates in support of effective transition planning in accordance with the Presidential Transition Act of 1963, as amended, and Executive Order 13727. (7) Coordinates with the DoD TTF Director and the President-Elect’s DoD focal point to facilitate support for the incoming administration’s nominees for the SecDef and DepSecDef.(8) Integrates security disciplines, as appropriate, to protect associated DoD information, personnel, facilities, and equipment. c. During Presidential transitions or any other transition of PAS officials and other political appointees: (1) In coordination with the Special Assistant to the Secretary of Defense for White House Liaison, provides guidance to OSD PSAs and the Secretaries of the Military Departments regarding the arrival and departure of political appointees and other officials.DoDD 5105.76, August 30, 2022 Change 1, February 3, 2023 SECTION 2:RESPONSIBILITIES6 (2) Maintains a central repository of Military Department Secretariat and OSD Component succession plan information, including a current list of SCOs, and ensures reporting on vacancies pursuant to Sections 3345–3349d of Title 5, U.S.C., also known as and referred to in this issuance as the “Federal Vacancies Reform Act of 1998,” as amended (FVRA), is done in a timely fashion. Pursuant to Public Law 113-187; Sections 1220-1236 of Title 36, Code of Federal Regulations; DoD Instruction (DoDI) 5015.02; and Administrative Instruction 15, the office assigned responsibility by DA&M for development of this repository must coordinate with Washington Headquarters Services (WHS) to identify and submit a record schedule for this repository. (3) As appropriate, recommends to the DepSecDef assignment of responsibility for the preparation of confirmation books. Provides leadership orientation training to non-career SES members or selected other individuals appointed to positions within the DoD. (4) Oversees mentoring activities for PAS officials within the DoD.(5) Designates the OSD Historical Office to coordinate exit interviews with departing PAS officials (including those acting as or performing the duties of) to inform the Secretaries of Defense Historical Series specifically and the historical record generally. Records recommended improvements to operations and processes that may enhance the effectiveness and efficiency of the DoD.(6) Designates the OSD Historical Office as the entity responsible for arrangingadditional oral history interviews with current and former PAS officials to inform the Secretaries of Defense Historical Series and other official publications.(7) Integrates security disciplines, as appropriate, to protect associated DoD information, personnel, facilities, and equipment. 2.2. DIRECTOR, WHS. Under the authority, direction, and control of the DA&M, the Director, WHS: a. Provides operational support for the transition of PAS and other senior political appointees for all OSD PSAs and DoD Components, except for the Military Departments and any DoD Components serviced by a Military Department.b. May provide operational support for the transition of PAS and other senior political appointees entering or departing from the Military Departments, as required. Such services may be provided on a reimbursable or non-reimbursable basis as agreed upon by WHS and the Military Department concerned.c. Establishes comprehensive operational guidelines and coordinates major activities, within WHS and other appropriate DoD organizations, for administration and support of all transition activities, in accordance with Paragraph 2.1. DoDD 5105.76, August 30, 2022 Change 1, February 3, 2023 SECTION 2:RESPONSIBILITIES7 d. Submits required FVRA reports to the Government Accountability Office in a timely manner. e. Provides other functional support to transitions, as directed by the DA&M.2.3. DIRECTOR, PENTAGON FORCE PROTECTION AGENCY (PFPA). Under the authority, direction, and control of the DA&M, the Director, PFPA: a. Oversees all physical security requirements for the transition of political appointees entering or departing the OSD and those political appointees of the Military Departments, Defense Agencies, and DoD Field Activities.b. Conducts personal security training for newly appointed or assigned officials, as appropriate. c. Coordinates for and conducts personal security vulnerability assessments for newly confirmed or appointed officials, as appropriate, as outlined in DoDI O-2000.22. d. Ensures newly appointed or assigned officials are covered by the DoD Counter Insider Threat Program pursuant to DoDD 5205.16, and takes actions necessary to provide for force protection consistent with law and regulations. e. Establishes comprehensive operational support and appropriate guidelines for the administration of security support of all transition activities within the scope of agency responsibilities. Such operational support and guidelines may include, but are not limited to, physical security access permissions and badging, implementation of operations security and countermeasures, appropriate training, driver support, alarms, and sensors. 2.4. UNDER SECRETARY OF DEFENSE FOR PERSONNEL AND READINESS.In addition to the responsibilities in Paragraph 2.9., the Under Secretary of Defense for Personnel and Readiness: a. Provides oversight of and ensures the DoD meets all Office of Personnel Management (OPM) deadlines related to:(1) Certification of PAS officials’ positions in the DoD in accordance with Section 8403 of Public Law 108-458, also known as the “Intelligence Reform and Terrorism Prevention Act of 2004.” (2) Submission of information on DoD civil service leadership and support position to be included in the United States Government Policy and Supporting Positions (Plum Book).b. Provides OPM transition guidance to OSD PSAs and DoD Component heads. DoDD 5105.76, August 30, 2022 Change 1, February 3, 2023 SECTION 2:RESPONSIBILITIES8 2.5. GENERAL COUNSEL OF THE DEPARTMENT OF DEFENSE (GC DOD).In addition to the responsibilities in Paragraph 2.9., the GC DoD: a. Provides advice, counsel, and assistance on all transition activities.b. Provides information, advice, and counsel concerning applicable standards of conduct laws, regulations, and policies in accordance with Sections 201-209 of Title 18, U.S.C.; Section 101 of Title 5, U.S.C. Appendix, et seq., also known and referred to in this issuance as the “Ethics in Government Act;” and implementing regulations. c. Coordinates with the Office of Government Ethics to obtain Office of Government Ethicspre-clearance of prospective PAS nominee financial disclosure reports and ethics agreements.d. Provides Departmental guidance regarding permissible activities for prospective PAS nominees within the DoD before confirmation and appointment. e. Provides counsel on transition-related matters as required, including: (1) Legal requirements relating to filling, both permanently and temporarily, PAS.(2) Applicable standards of conduct laws, regulations, and policies governing the actions of and other matters pertaining to prospective nominees, incoming and outgoing political appointees, or such other officials as may be required. (3) Use of U.S. Government personnel and equipment, including government transportation.2.6. ASSISTANT SECRETARY OF DEFENSE FOR LEGISLATIVE AFFAIRS.In addition to the responsibilities in Paragraph 2.9., the Assistant Secretary of Defense for Legislative Affairs:a. Monitors activities of the Executive Office of the President with respect to the nomination of DoD PAS officials, including the intent to nominate and the submission of the nomination for Senate confirmation. b. As appropriate, coordinates the submission of information to and the appearance of DoD PAS nominees before the respective committees considering their nominations. c. As appropriate, coordinates and oversees official calls or visits by administration officials to members of Congress or with the staffs of such members or oversight committees, including such official calls and visits made before their appointment. d. Provides support to DoD transition activities and engages in liaison activities with members of Congress and their respective staffs and committees.DoDD 5105.76, August 30, 2022 Change 1, February 3, 2023 SECTION 2:RESPONSIBILITIES9 2.7. ASSISTANT TO THE SECRETARY OF DEFENSE FOR PUBLIC AFFAIRS.In addition to the responsibilities in Paragraph 2.9., the Assistant to the Secretary of Defense for Public Affairs:a. Reviews and approves all news media requests for engagement with the DoD TTF, in coordination with the DoD Transition Director.b. Reviews and approves all responses to news media queries regarding DoD transition activities, in coordination with the DoD Transition Director.c. As appropriate, in coordination with the DoD Transition Director, prepares official statements and announcements for release to the news media regarding DoD transition activities, succession plans, and political appointees arriving in or departing the DoD, and updates and issues public affairs guidance to bases and stations.d. Receives and manages all news media queries and requests for engagement regarding DoD transition activities and political appointees arriving or departing.2.8. SPECIAL ASSISTANT TO THE SECRETARY OF DEFENSE FOR WHITE HOUSE LIAISON.The Special Assistant to the Secretary of Defense for White House Liaison: a. Serves as the focal point for the arrival to, and departure of, political appointees in the DoD.b. Coordinates with the DA&M, the DoD Transition Director (if the DA&M is not serving as the DoD Transition Director), and the DoD TTF Director as appropriate on personnel and administrative matters pertaining to departing appointees. c. Coordinates with the DA&M, OSD PSAs, and Secretaries of the Military Departments, or their designated TACs, to provide guidance regarding the procedures for support to arriving and departing appointees of their respective Components. d. Coordinates with the GC DoD Standards of Conduct Office to facilitate timely completion of financial disclosure reports and initial ethics training by arriving non-PAS appointees, pursuant to the Ethics in Government Act and implementing regulations.e. Helps develop and support leadership orientation training for non-career SES members or selected other individuals appointed to positions within the DoD.f. Helps identify and assign mentors for PAS officials within the DoD.2.9. OSD PSAS AND DOD COMPONENT HEADS.The OSD PSAs and DoD Component heads:
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