---
kind: "section"
citation: "32 C.F.R. § 28.500"
title: "32"
number: "28.500"
heading: "Secretary of Defense."
url: "https://uscodex.org/cfr/32/28.500"
---

# §28.500. Secretary of Defense.

- (a) **Exemption authority.** The Secretary of Defense may exempt, on a case-by-case basis, a covered Federal action from the prohibition whenever the Secretary determines, in writing, that such an exemption is in the national interest. The Secretary shall transmit a copy of each such written exemption to Congress immediately after making such a determination.
- (b) **Policy.** It is the policy of the Department of Defense that exemptions under [paragraph (a)](#a) of this section shall be requested only rarely and in exceptional circumstances.
- (c) **Procedures.** Each DoD Component that awards or administers Federal grants, Federal cooperative agreements, or Federal loans subject to this part shall establish procedures whereby:
  - (1) A grants officer wishing to request an exemption for a grant, cooperative agreement, or loan shall transmit such request through appropriate channels to: Director for Research, ODDR&E(R), 3080 Defense Pentagon, Washington, DC. 20301-3080.
  - (2) Each such request shall explain why an exemption is in the national interest, a justification that must be transmitted to Congress for each exemption that is approved.

## Notes

### Amendments

[63 FR 12188, Mar. 12, 1998]

### Authority

Authority: Section 319, Public Law 102-121 (31 U.S.C. 1352); 5 U.S.C. section 301; 10 U.S.C. 113.

### Source

Source: 55 FR 6737, 6752, Feb. 26, 1990, unless otherwise noted. Redesignated at 57 FR 6199, Feb. 21, 1992.

### Amendments

[63 FR 12188, Mar. 12, 1998]