an a Civilian Contractor Require Cross-Training for a Miltary Unit?
Full Question:
Answer:
Civilians may lead a unit, hold supervisory positions, and provide supervision to military and civilian personnel in a unit. They cannot assume military command or exercise command over military members within the unit. Except as required by law (e.g., the Uniform Code of Military Justice), a civilian leader of a unit is authorized to perform all functions normally requiring action by the respective unit commander. When a civilian is designated to lead a unit, that individual will be the director of that unit. Units lead by directors will not have commanders, and members of the unit or subordinate units may not assume command of the unit.
However, alternative arrangements for functions for which the law requires a commander will be established by competent command authority, either by attaching military members for these limited purposes to a unit led by a commander, or by accomplishing these functions at a command level above the unit. Because members of the unit may not assume command, individuals should be designated in advance to perform the duties of civilian leaders should they become unable to perform those duties.
The commander can also designate subordinates, including civilians, who are authorized to sign or act in the Operational Chain of Command and Command Succession commander’s name. However, commanders must not delegate duties restricted to commanders by law or by direction of higher headquarters (for example, Uniform Code of Military Justice (UCMJ) authority) or duties that are too important to delegate.
Congress amended UCMJ jurisdiction to include DOD civilians and contractors serving with or accompanying U.S. armed forces during contingency operations.
Acquisition and Cross-Servicing Agreements (ACSAs) are bilateral, international
agreements to acquire and transfer logistics support, supplies, and services (LSSS) between the U.S. military and allied or friendly foreign forces and international organizations.
LIMITATION ON USE OF ACSAs
Transactions under an ACSA authority are limited to LSSS. The definition of LSSS in 10
U.S.C. § 2350(1) is “food, water, billeting, transportation (including airlift), petroleum, oils, lubricants, clothing, communications services, medical services, ammunition, base
operations support (and construction incident to base operations support), storage services, use of facilities, training services, spare parts and components, repair and maintenance services, calibration services, and port services. Such term includes temporary use of general purpose vehicles and other non-lethal items of military equipment which are not designated as significant military equipment on the United States Munitions List promulgated pursuant to section 38(a)(1) of the Arms Export Control Act.”
Items that may not be acquired or transferred under ACSA authority pursuant to DODD
2010.9 Section 4.5 include weapons systems; the initial quantities of replacement and spare parts for major end items of equipment covered by tables of organization and equipment, Acquisition and Cross-Servicing Agreements tables of allowances and distribution, or equivalent documents; and major end items of equipment. Specific items that may not be acquired or transferred under ACSA authority include guided missiles; naval mines and torpedoes; nuclear ammunition and included items such as warheads, warhead sections, projectiles, demolition munitions, and training ammunition; cartridge and propellant-actuated devices; chaff and chaff dispensers; guidance kits for bombs or other ammunition; and chemical ammunition (other than riot control agents).
An exception, to the general rule regarding weapons systems and major end items of
equipment, exists in the 2007 National Defense Authorization Act (NDAA), P.L. 109-364,
§1202, as amended. It is temporary authority to use acquisition and cross-servicing
agreements to provide use of certain military equipment for no more than a year to military forces of a nation participating in combined operations with the U.S. in Iraq or Afghanistan or as part of a peacekeeping operation under the Charter of the United Nations or another international agreement. The equipment may be used only for personnel protection or to aid in the personnel survivability of those forces. The covered military equipment is items designated as “Significant Military Equipment” in Categories I (Firearms, Close Assault Weapons and Combat Shotguns), II (Guns and Armament), III (Ammunition/Ordnance), VII (Tanks and Military Vehicles), XI (Military Electronics), and XIII (Auxiliary Military Equipment) of the United States Munitions List. Section 1204 of the 2009 NDAA, P.L. 110-417, extends this authority until 30 September 2011. Requirements for the use of this authority include that U.S. forces in the combined operation have no unfilled requirements for that equipment and that the Secretary of Defense, with the concurrence of the Secretary of State, determines that it is in the national security interest of the U.S. to provide for the use of such equipment.
ACSA PROCESS
Air Force organizations should follow the process set out in AFI 25-301. Joint Staff,
Combatant Commands, and Defense agencies reporting through the Chairman of the Joint Chiefs of Staff should follow the procedures set out in CJCSI 2120.01A.
Where an ACSA exists, in general terms, the ACSA process is:
1. Air Force (or allied) unit identifies a need to acquire military logistics support in the
location of its deployed/forward operation.
2. ACSA may be used to fill any shortfalls in support, supplies and services that
cannot readily be met from U.S. sources. If a delay would negatively impact the
mission, then the U.S. source is not readily available.
3. Deployed unit discusses and negotiates requirements with host nation military
representatives to determine availability of support.
4. Host nation military determines reciprocal pricing for the support it makes
available.
174 Air Force Operations & the Law
5. Air Force (or allied) unit itemizes support items/categories in the ACSA order and
signs formal request; host nation military reviews the support and provides
signature accepting the order.
6. A signed ACSA order represents a binding commitment upon both parties’ military
forces to provide and reimburse for logistics support and services.
For further discussion, please see:
http://yalejournal.org/2010/07/mind-the-%E2%80%9Cgap%E2%80%9D-private-military-companies-and-the-rule-of-law/
http://www.afjag.af.mil/shared/media/document/AFD-100510-059.pdf
