ities, functions, relationships, and authorities as prescribed herein.

§3882 Applicability.

This applies to the Office of the Secretary of Defense (OSD), the Military Departments, the Organization of the Joint Chiefs of Staff (OJCS), the Unifed and Specified Commands, the Inspector General of the Department of Deleuse (IG. DoD), and the Defense Agencies (hereafter referred to as "DoD Components").

$368.3 Mission.

SDIO shall manage and direct the conduct of a vigorous research program, including advanced technologies, what will provide the basis for an intormed decision regarding the feasibility of eliminating the threat posed by nuclear ballistic missiles of all ranges, ad of increasing the contribution of delensive systems to U.S. and allied se

ty. The program shall protect options for near-term deployment of limGod ballistic missile defenses. The progid shall be carried out in full consultation and, where appropriate, with partioipation of our allies. The pro

shall be conducted in compliance with all existing treaty obligations and will emphasize non-nuclear techMulvgloa.

Mk4 Organization and management. (#)ADIO is established as a separate goy of the Department of Defense wuder the direction, authority, and

trol of the Secretary of Defense, and shall function under the overall su

viaton of the Deputy Secretary of fernae. It shall consist of a Director, ayointed by the Secretary of Defense, and such subordinate organizational plements as are established by the Director within resources authorized by the Becretary of Defense.

(b) The SDI Executive Committee (EXCOM) shall provide DoD oversight and guidance for the internal management of the Strategic Defense Initiative Program (SDIP). The EXCOM shall provide formal review of the program for the Secretary of Defense. It shall be chaired by the Deputy Secretary of Defense and shall include as members: The Vice Chairman of the Joint Chiefs of Staff, the Secretaries of the Military

Departments and Chiefs of the Military Services; the Under Secretaries of Defense; the Assistant Secretary of Defense (Comptroller) (ASD(C)); the Assistant Secretary of Defense (Production and Logistics) (ASD(P&L)); the Assistant Secretary of Defense (Command, Control, Communications, and Intelligence) (ASD(C3I)); the Assistant Secretary of Defense (Legislative Affairs); the Director of Operational Test and Evaluation (Director, OT&E); the Assistant to the Secretary of Defense (Atomic Energy); the Director, Program Analysis and Evaluation (DPA&E); and the Directors of the Defense Advanced Research Projects Agency and the Defense Nuclear Agency. The Director, SDIO, shall serve as Executive Secretary of the EXCOM.

§ 388.5 Functions and responsibilities.

(a) The Director, SDIO, is the principal advisor to the Secretary of Defense and the Deputy Secretary of Defense for SDIP programmatic policy, requirements, priorities, systems, resources and programs. The DSDIO shall, under the overall supervision of the Deputy Secretary of Defense and subject to the direction of the Secretary of Defense and Deputy Secretary of Defense, organize, direct, and manage the SDIO and exercise management oversight of all DoD SDIP programs and resources. In the performance of these responsibilities, the Director shall:

(1) Develop programmatic policies, issue program guidance, and assign project responsibility to DoD Components.

(2) Develop systems, standards, and procedures for the administration and management of approved SDI plans and programs; establish program goals and objectives; set priorities; and evaluate DoD Componet SDI program activities.

(3) In coordination with the ASD(C) and DPA&E, review DoD Component SDI Program Objectives Memoranda (POMS) and budget submissions; make determinations regarding priorities and resources; prepare the consolidated SDI POM; provide recommendations on Program Budget Decisions to the ASD(C) and DPA&E or incorporation into the planning, programming, and budgeting system (PPBS) process; and

initiate and implement Congressional reprogramming actions.

(4) Make such determinations regarding priorities and resources as may be required to achieve approved program objectives.

(5) Serve as SDI Acquisition Executive for the SDIO.

(6) In coordination with appropriate DoD officials, identify service, agency, and SDIO responsibilities for program execution, and in such cases where source-selection is not delegated to the Military Departments and Defense Agencies, retain authority within SDIO.

(7) In coordination with the Under Secretary of Defense (Acquisition) (USD(A)), develop mechanisms for coordinating SDI programs with other DoD research, development, test and evaluation efforts.

(8) Oversee the participation of U.S. allies in the SDIP. Through coordination with the appropriate executing agent, delegate international projects to the Military Departments of Defense Agencies.

(9) Present the SDI POM, the annual budget, and periodic program reviews to the SDIO EXCOM.

(10) In consideration of the Chairman, Joint Chiefs of Staff; Military Department; and Defense Agency requirements and recommendations, plan for future transition of the SDI research program into development and subsequent production and deployment.

(11) Perform research to establish supportability criteria for the integration of logistic factors with system architectures, concepts, and design activity during the early phases of the SDIP.

(12) Serve as principal DoD official responsible for presenting the SDIP budget to the Congress.

(13) Serve as principal public spokesperson for the SDIP.

(14) Promote coordination, cooperation, and mutual understanding within the Department of Defense and between the Department of Defense and other Federal Agencies, and the civilian community.

(15) Serve on boards, committees, and other groups pertaining to SDIO functions and responsibilities.

(16) Establish internal procedures for compliance with the ABM Treaty and other SAL Agreements, pursuant to DoD Directive 5100.70.1

(17) Perform such other duties as the Secretary of Defense or Deputy Secretary of Defense may prescribe.

(b) DoD Components shall provide advice and support to the DSDIO in accordance with applicable DoD Directives.

(c) The Secretaries of the Military Departments and Directors of Defense Agencies shall:

(1) Execute SDI programs as approved by the Secretary of Defense.

(2) Establish a streamlined management structure and procedure: to include a single office of primary responsibility to facilitate expedited communications and actions on the SDI program.

(3) Provide program recommendations to the Director, SDIO, for consideration in the development of the SDI POM. These recommendations shall be developed as an integral part of the Military Departments/Defense Agencies POM process. The participating Military Departments and Defense Agencies must review their assigned work packages and resources to ensure that supporting Military Departments/ Defense Agency requirements are adequately addressed (e.g., manpower, facilities, etc.).

(4) Submit program documentation and reports required by the Director, SDIO.

(5) Establish simplified contract/procurement procedures for and creative methods of achieving program objectives consistent with applicable laws and good management practice.

(d) The Chairman of the Joint Chiefs of Staff (CJCS) shall provide strategic guidance and define operational concepts and requirements.

§ 388.6 Relationships.

(a) In the performance of assigned functions, the Director, SDIO, shall: (1) Serve as a member of the Defense Resources Board when SDI matters are

1 Copies may be obtained, if needed, from the U.S. Naval Publications and Forms Centers, Attn: Code 1052, 5801 Tabor Avenue, Philadelphia, PA 19120.

under consideration and Executive Secretary of the SDI Executive Committee.

(2) Consult with the CJCS and Under Secretary of Defense for Policy when addressing issues under their respective purview, to include the strategy and policy implications of defensive capabilities.

(3) Establish, in consultation with the USD(A), ASD(P&L), ASD(C) and the Director, OT&E, mechanisms for coordination of SDI programs with other DoD technical efforts.

(4) Establish procedures for streamlined communications with each Military Department and Defense Agency involved in the SDI Program.

(5) Maintain active liaison for the exchange of information and advice in the field of assigned responsibility with all DoD Components, other U.S. Government activities, and non-DoD research institutions (including private business entities and educational institutions).

(6) Keep the Secretary of Defense, the Deputy Secretary of Defense the OSD Staff, the Secretaries and Chiefs of the Military Departments, the CJCS, and other DoD and non-DoD U.S. Government Agencies informed on schedules, status, and significant new developments, breakthroughs, and technological advances projects.

within assigned

(7) Make appropriate use of established facilities in the OSD, other DoD Components, and other Government Agencies rather than unnecessarily duplicating such facilities.

(8) Operate within the DoD Acquisition System, taking direction from the USD(A) on matters of acquisition policy, procedure, and execution, consistent with DoD Directive 5134.1.2

(9) Coordinate and exchange information with other DoD officials having collateral and related functions.

(b) Within available resources, officials of all DoD Components will provide support, in their respective fields of responsibility, to the Director, SDIO, as may be necessary to carry out the assigned responsibilities and functions of the SDIO.

2 See footnote 1 to $388.5(a)(16).

(c) Other DoD officials shall coordinate with the Director, SDIO, concerning the functions and responsibilities cited in §388.5.

§388.7 Authorities.

The Director, SDIO, is hereby delegated authority to:

(a) Enter into and administer contracts, directly or through a Military Department, a DoD contract administration services component, or other governmental department or agency, as appropriate, for supplies, equipment, and services required to accomplish the mission of the SDIO.

(b) Serve as the head of an Agency and Contracting Activity within the meaning of and subject to the limitations of FAR 2.1, and DoD FAR Supplement 2.1, for the SDIO.

(c) Authorize the allocation/sub-allocation of funds made available to SDIO for assigned research and development projects.

(d) Acquire or construct, through a Military Department or other Government Agency, such research, development, and test facilities and equipment required to carry out assignments that may be approved by the Secretary of Defense or Deputy Secretary of Defense in accordance with applicable statutes. (e) Negotiate agreements, as essary, with other U.S. agencies and organizations to ensure proper coordination and execution of the SDIP.

nec

(f) Negotiate agreements, as necessary, with foreign governments to execute allied participation in the SDI research program. These agreements will be subject to approval by duly constituted DoD authorities.

(g) Recommend to the Secretary of Defense, Deputy Secretary of Defense, or USD(A) revisions or exceptions to Military Department/Defense Agency regulations, Directives, procedures or Instructions for, or related to, acquisition for individual or a class of SDIO requirements as determined necessary to accomplish the SDIO objectives.

(h) Communicate directly with heads of the DoD organizations, including the Secretaries and Chiefs of the Military Departments, the CJCS, the Directors of Defense Agencies, and, under special circumstances, with the Commanders

of the Unified and Specified Commands.

(i) Establish special security procedures for sensitive SDI research programs.

(j) Exercise the administrative authorities contained in the Appendix of this part.

388.8 Administration.

(a) SDIO shall be authorized such personnel, facilities, funds, and other administrative support as the Secretary of Defense deems necessary.

(b) The Military Departments shall assign personnel to SDIO in accordance with approved authorizations and procedures for assignment to joint duty.

(c) Administrative support required for SDIO will be provided by the Director, Washington Headquarters Services, and other DoD Components, as appropriate.

388.9 Effective date.

This part is effective June 4, 1987. APPENDIX TO PART 388-DELEGATIONS OF AUTHORITY

Pursuant to the authority vested in the Secretary of Defense, and in accordance with DoD policies, Directives, and Instructions, the Director of the Strategic Defense Initiative Organization (DSDIO) or, in the absence of the Director, the person acting for him or her, is hereby delegated authority, as required in the administration and operation of the Strategic Defense Initiative Organization to:

1. Perform the following functions in accordance with the provisions of Title 5, United States Code, section 7532; Executive Order 10450, "Security Requirements for Government Employment," April 27, 1953; and DoD 5200.2-R, "DoD Personnel Security Program," December 20, 1979:

a. Designate any position in the SDIO as a "sensitive" position.

b. Authorize, in case of an emergency, the appointment of a person to a sensitive position in the SDIO, for a limited period of time, for whom a full field investigation or other appropriate investigation, including the National Agency Check, has not been completed.

c. Authorize the suspension, but not the termination, of the services of an SDIO employee in the interest of national security. 2. Authorize and approve:

a. Travel for SDIO civilian employees in accordance with Volume II, Joint Travel Regulations.

b. Temporary duty travel only for military personnel assigned or detailed to SDIO in accordance with Volume I, Joint Travel Regulations.

c. Invitational travel to persons serving without compensation whose consultative, advisory, or other specialized technical services are required in a capacity directly related to, or in connection with, SDIO activities.

3. Approve the expenditure of funds available for travel by military personnel assigned or detailed to SDIO for expenses incident to attendance at meetings of technical, scientific, professional, or other similar organizations in such instances where the approval of the Secretary of Defense or his designee is required by law (37 U.S.C. 412). This authority cannot be redelegated.

4. Develop, establish, and maintain an active and continuing Records Management Program under DoD Directive 5015.2, "Records Management Program," September 17, 1980; DoD Directive 5400.7, "DoD Freedom of Information Act Program,” March 24, 1980; and DoD Directive 5400.11, "Department of Defense Privacy Program," June 9, 1982.

5. Establish and use imprest funds for making small purchases of material and services, other than personal, for the SDIO when it is determined more advantageous and consistent with the best interests of the Government, in accordance with DoD Instruction 5100.71, "Delegation of Authority and Regulations Relating to Cash Held at Personal Risk Including Imprest Funds," March 5, 1973, and the Joint Regulation of the General Services Administration Treasury.

6. Authorize and approve overtime work for civilian personnel in SDIO in accordance with the provisions of the Federal Personnel Manual Supplement 990-1, section 550.111.

7. Establish and maintain appropriate property accounts for SDIO and appoint boards of survey, approve reports of survey, relieve personal liability, and drop accountability for SDIO property contained in the authorized property accounts that have been lost, damaged, stolen, destroyed, or otherwise rendered unserviceable, in accordance with applicable laws and regulations.

8. Establish and maintain, for the functions assigned, an appropriate publications system for the promulgation of regulations, instructions, and reference documents, and changes thereto, pursuant to the policies and procedures prescribed in DoD 5025.1-M, "Department of Defense Directives System Procedures," April 1981.

9. Issue the necessary security regulations for protection of property and places under the jurisdiction of the SDIO, under DoD Directive 5200.8, "Security of Military Installations and Resources," July 29, 1980.

10. Exercise original TOP SECRET classification authority.

11. Establish security classification guidance and review policy.

$389.3 Responsibilities.

The Director of Net Assessment shall be the Principal Staff Assistant and advisor to the Under Secretary of Defense for Policy (USD(P)) and the Secretary of Defense on net assessment matters.

$389.4 Functions.

Under the general direction of the USD(P), pursuant to DoD Directive 5111.1, and the Secretary of Defense, the Director of Net Assessment shall perform the following functions:

(a) Develop net assessments of current and projected U.S. and foreign military capabilities by theater, region, function, or mission. In accomplishing these net assessments, the Director may call upon all available intelligence data and all available friendly force data.

(b) Accomplish or provide for the development of specific net assessments of current and projected U.S. and foreign capabilities, operational tactics, doctrine and major weapons categories or systems.

(c) Develop, advise, and consult on the net assessment portion of the Secretary's Annual Defense Report, congressional testimony, and foreign government discussions, and provide guidance for the preparation of the Chairman, Joint Chiefs of Staff (CJCS) Posture Statement.

(d) Provide guidance or staff assistance and representation for the Secretary of Defense in the development of national act assessments by the National Security Council and act as primary focal point for joint efforts with the intelligence community to produce net assessments.

(e) Coordinate and review net assessment efforts throughout the Department of Defense.

(f) Provide support for the improvement and development of net assessments within the Department of Defense, including, but not limited to, the maintenance of a library of historical all-source intelligence and friendly force data.

(g) Provide objective analysis of policy, doctrine, strategy, goals, and objectives, as requested or determined necessary.

$389.5 Authorities.

In the discharge of responsibilities and performance of functions as prescribed herein, the Director of Net Assessment is hereby delegated the following authorities on behalf of the USD(P) and the Secretary of Defense:

(a) Task directly the organizational elements within the DoD Components, and the intelligence community to provide assistance, information consistent with DoD Directive 5000.19,2 data processing, and other support for the development of net assess

2 See footnote 1 to §387.1(a).