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(r) Perform such other duties as the USD(A&T) may prescribe.

$388.6 Relationships.

(a) In the performance of assigned functions, the Director, BMDO, shall: (1) Serve under the authority, direction, and control of them USD(A&T).

(2) Serve as a member of the Defense Planning and Resources Board, when BMD matters are under consideration, and Chairman of the BMDARC.

(3) Consult with the Secretaries of the Military Departments, Chairman of the Joint Chiefs of Staff, and Under Secretary of Defense for Policy when addressing issues under their respective purview, to include the strategy and policy implications of defensive capabilities.

(4) Operate within the DoD Acquisition System, as defined in DoD Directive 5000.11 and DoD Instruction 500.2,2 taking direction from the USD(A&T); and work directly with appropriate OSD committees and offices.

(5) Establish, in consultation with the USD(A&T), mechanisms for coordination of BMDPs with other DoD technical efforts; and coordinate and exchange information with other DoD officials having collateral or related functions.

(6) Establish procedures for streamlined communication with each Military Department and Defense Agency involved in the BMDP.

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

(8) Through the USD(A&T), keep the Secretary of Defense, the Deputy Secretary of Defense, the DoD Components, and non-DoD U.S. Government Agencies informed, as appropriate, on schedules, status, and significant new developments, breakthroughs, and technological advances within assigned projects.

Copies may be obtained, at cost, from the National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161. 2 See footnote 1 to §388.6(a)(4).

(9) Use existing facilities and services of the Department of Defense and other Federal Agencies, whenever practicable, to avoid duplication and to achieve maximum efficiency and economy.

(b) The Heads of the DoD Components shall:

(1) Provide support within their respective fields of responsibilities, to the Director, BMDO, as required, to carry out the responsibilities and functions assigned to BMDO.

(2) Provide information, as necessary, to the Director, BMDO, on all programs and activities that include, or are related to, BMD research, technology, and the BMDP.

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

(1) Execute BMD element programs and BMD technology development efforts as recommended by the Director, BMDO, and approved by the Secretary of Defense.

(2) Provide the personnel (to include a BMD Program Executive Officer and Element Program Managers) and the infrastructure necessary to support all Service BMD activities.

(3) Provide program recommendations and advice to the Director, BMDO on budgeting, resources, and program execution.

(4) Provide advice on BMD activities, including readiness for advancing through the acquisition process, technical and programmatic issues, and general program guidance.

(5) Submit program documentation and reports required by the Director, BMDO, in support of DAE reviews and milestone decisions.

$388.7 Authorities.

The Director, BMDO, is hereby delegated authority to:

(a) Communicate directly and enter into agreements with heads of DoD Components, as necessary, in carrying out assigned responsibilities. Communications with the Commanders of the Unified Combatant Commands shall be communicated through the Chairman of the Joint Chiefs of Staff.

(b) Recommend to the USD(A&T) revisions or exceptions to Military Department and/or Defense Agency regulations, directives, procedures, or instructions for, or related to, system acquisition for individual or a class of BMD requirements as determined necessary to accomplish the BMD objectives.

(c) Enter into and administer contracts, directly or through a Military Department, as appropriate, for supplies, equipment, and services required to accomplish the mission of the BMDO.

(d) Serve as the head of an Agency and Contracting Activity, and act as the Senior Procurement Executive, within the meaning of and subject to the limitations of 48 CFR 202.101 and 48 CFR 2.1, for the BMDO.

(e) Authorize the allocation and/or sub-allocation of funds made available to BMDO for assigned research, development, test, and acquisition projects.

(f) 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 as recommended by the USD(A&T), in accordance with applicable statutes. (g) Negotiate agreements, as essary, with other U.S. Agencies and organizations to ensure proper coordination and execution of the BMDP.

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(h) Negotiate agreements, as essary, with foreign governments to execute allied participation in the BMDP. These agreements shall be subject to approval by duly appointed DoD authorities, in accordance with DoD Directive 5530.3.3

(i) Establish, in coordination with appropriate DoD Components, special security procedures for sensitive BMDPS.

(j) Exercise original classification authority over BMDO funded technology development and acquisition programs. In general, where another DoD Component has been designated for program execution, original classification authority will be delegated to that Component as part of a program management agreement with BMDO. All origi

3 See footnote 1 to §388.6(a)(4).

32 CFR Ch. 1 (7-1-00 Edition)

nal classification decisions must be made in coordination with the BMDO, Military Departments, and other appropriate DoD organizations.

(k) Exercise foreign disclosure authority over BMDO funded technology development and acquisition programs. In general, where another DoD Component has been designated for program execution, foreign disclosure authority will be delegated to that Component as part of a program management agreement with BMDO. All foreign disclosure decisions must be made in accordance with National Disclosure Policy and applicable DoD procedures, and be coordinated with the BMDO, Military Departments, and other appropriate DoD organizations.

(1) Carry out the functions and exercise the responsibilities of the Theater Missile Defense Initiative Office, as established by section 231 of the National Defense Authorization Act for Fiscal Year 1993.

(m) Exercise the administrative authorities contained in appendix A to this part.

§388.8 Administration.

(a) The Director, BMDO, shall be appointed by the Secretary of Defense, upon recommendation from the USD(A&T).

(b) The Military Departments shall assign personnel to BMDO, in accordance with approved authorizations and procedures for joint duty assignment and the Defense Acquisition Workforce Improvement Act.

(c) Administrative support required for BMDO shall be provided by the other DoD Components, as appropriate.

(d) The Director, BMDO, shall consult on all key military and civilian personnel assignments within the BMD management network.

APPENDIX A 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, BMDO, or, in the absence of the Director, the person acting for the Director, is hereby delegated authority, in the administration and operation of the BMDO, to:

1. Perform the following functions in accordance with the provisions of 5 U.S.C. 7532;

Executive Order 10450, 3 CFR, 1949-1953 Comp., p. 936 and 32 CFR part 154.

a. Designate and position in the BMDO as a "sensitive" position.

b. Authorize, in case of an emergency, the appointment of a person to a sensitive position in the BMDO, 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 a BMDO employee in the interest of national security.

2. Authorize and approve:

a. Travel for BMDO civilian employees, in accordance with Joint Travel Regulations,1 Volume II.

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

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, BMDO activities.

3. Approve the expenditure of funds available for travel by military personnel assigned or detailed to BMDO 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 designee is required by law (37 U.S.C. 412).

4. Develop, establish, and maintain an active and continuing Records Management Program under DoD Directive 5015.2;2 DoD Directive 5400.7;3 and DoD Directive 5400.11.1

5. Establish and use imprest funds for making small purchases of material and services, other than personal, for the BMDO when it is determined more advantageous and consistent with the best interests of the Government, in accordance with DoD Directive 7360.105 and Volume 5, DoD 7000.14-R, and the Joint Regulation of the General Services Administration-Treasury.7

1 Copies may be obtained, at cost, from the Superintendent of Documents, Government Printing Office, Washington, DC 20402.

2Copies may be obtained, at cost, from the National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161.

3 See footnote 2 to section 4. of this appendix.

4 See footnote 2 to section 4. of this appendix.

5 See footnote 2 to section 4. of this appendix.

6 See footnote 2 to section 4. of this appendix.

7See footnote 1 to section 2.a. of this appendix.

6. Authorize and approve overtime work for civilian personnel in BMDO, in accordance with provisions of the Federal Personnel Manual Supplements 990-1, section 550.11.

7. Establish and maintain appropriate property accounts for BMDO and appoint boards of survey, approve reports of survey, relieve personal liability, and drop accountability for BMDO 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.9

9. Issue the necessary security regulations for protection of property and places under the jurisdiction of the BMDO, under DoD Directive 5200.8.10

10. Exercise original TOP SECRET classification authority.

11. Establish security classification guidance and review policy.

12. Enter into inter-service support agreements with the Military Departments, other DoD Components, or other Government Agencies, as required, for the effective performance of responsibilities and functions assigned to the BMDO.

13. Establish advisory committees pursuant to the provisions of the Federal Advisory Committee Act of 1972 (Pub. L. 92-463) and DoD Directive 5105.18.11

14. Authorize the publication of advertisements, notices, or proposals in newspapers, magazines, or other public periodicals as required for the effective administration and operation of BMDO (44 U.S.C. 3702).

15. Request specific Military Departments and Defense Agencies to serve as contracting activities for the BMDO, as necessary.

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390.5 Organization.

390.6 Functions.

390.7 Authority.

390.8 Effective date and implementation.

AUTHORITY: 10 U.S.C. 133.

SOURCE: 53 FR 16254, May 6, 1988, unless otherwise noted.

$390.1 Purpose.

This part is issued to update and clarify the responsibilities and functions of the Armed Forces Radiobiology Research Institute (AFRRI). It sets forth the organizational relationships and establishes the management and administrative procedures for AFRRI, in accordance with 32 CFR part 381 and provides for the establishment of a Board of Governors.

$390.2 Applicability.

This part applies to the Office of the Secretary of Defense (OSD), the Military Departments, the Organization of the Joint Chiefs of Staff (NJCS), and the Defense Agencies (hereafter referred to collectively as "DoD Components"). The term "Military Services, as used herein, refers to the Army, Navy, Air Force, and Marine Corps.

$390.3 Policy.

It is DoD Policy that:

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(a) AFRRI is designated a subordinate command of the Defense Nuclear Agency (DNA) established under the authority vested in the Secretary of Defense.

(b) AFRRI shall serve as the principal ionizing radiation radiobiology research laboratory for the Department of Defense and shall support defense research requirements identified by the DoD Components. AFRRI may provide services and perform cooperative research with other Federal and civilian agencies and institutions with the approval of the Director, DNA.

(c) The mission of AFRRI shall be to conduct research in the field of radiobiology and related matters essential to the operational and medical support of the Department of Defense and the Military Services.

(d) For purposes of cognizance by the Under Secretary of Defense for Acquisition (USD(A)), the AFRRI program shall be considered an integral part of the medical and life sciences research,

32 CFR Ch. 1 (7-1-00 Edition)

development, test, and evaluation pro

gram.

$390.4 Responsibilities.

(a) The Director, Agency, shall:

Defense Nuclear

(1) Manage the AFRRI, as provided by 32 CFR part 381.

(2) Provide adequate support for the operation and maintenance of AFRRI within the limits of resources available to the DNA for such purposes.

(3) Chair the AFRRI Board of Governors, which shall consist of the Surgeons General of the Army, Navy, and Air Force; the Deputy Chiefs of Staff for Operations of the Army, Navy, and Air Force, or their designated representatives; and representatives of the (USD(A)) and the Assistant Secretary of Defense for Health Affairs (ASD(HA)). The Board of Governors shall:

(i) Meet at least annually and at the call of the Chair.

(ii) Invite advisors to these meetings. (iii) Make periodic visits to AFRRI. (iv) Advise the Director, DNA, and the Director, AFRRI, on AFRRI's performance by doing the following:

(A) Review the AFRRI research program and scientific findings.

(B) Provide advice on the long term direction of AFRRI's research program. (C) Facilitate the communication of Service requirements and the dissemination of AFRRI research findings.

(D) Review Service nominations for Director, AFRRI, and provide a prioritized list of nominees to the Director, DNA.

(b) The Director, Armed Forces Radiobiology Research Institute (AFRRI), shall:

(1) Execute the approved day-to-day research program.

(2) Prepare the AFRRI long-range research program; annual planning, programming, and budgeting system submission; and facilities master plans for approval by the Director, DNA.

(3) Plan, program, and budget for funds to include in the DNA program. This does not prevent AFRRI's participation in reimbursable activities, subject to the approval by the Director, DNA.

$390.5 Organization.

AFRRI shall consist of a Director, a Scientific Director, and a supporting staff:

(a) The Director, AFRRI, shall be a military officer (in grade 0-6) who holds an earned doctoral degree in one of the life sciences. The candidates for Director shall be nominated by the Surgeons General of the Army, Navy, and Air Force. Each Service shall nominate one individual with the proper background. Candidates shall be nominated on the basis of professional qualifications and demonstrated management ability. The Board of Governors shall review the Service nominees and provide a prioritized list of candidates to the Director, DNA, who shall select and appoint the Director, AFRRI. This appointment shall be for a 4-year period.

(b) The Scientific Director shall be a civilian with professional qualifications acceptable to the Board of Governors and the Director, AFRRI.

(c) The professional, technical, and supporting staff shall consist of military and civilian personnel authorized by a Joint Table of Distribution (JTD), developed by the Director, AFRRI, with approval of Director, DNA, and approved by the Joint Chiefs of Staff (JCS). Insofar as possible, the military members of the staff shall be provided equally by the Military Departments.

(d) The Military Departments shall assign military personnel to AFRRI in accordance with approved authorizations. Procedures for such assignments shall be as agreed between the Director, DNA, and the individual Military Departments.

(e) The pay, allowances (including subsistence), and permanent change-ofstation costs of military personnel assigned to AFRRI shall be budgeted for and paid by the Military Department concerned. Additionally, these and other costs that are caused by or benefiting AFRRI, regardless of financing, shall be allocated to AFRRI in accordance with DoD Instruction 7220.241 to identify the total cost associated with

1Copies may be obtained, if needed, from the U.S. Naval Publication and Forms Center, Attention: Codes 1052, Philadelphia, PA 19120.

§ 390.8

operating AFRRI and the share of that total cost allocatable to each of AFRRI's research projects.

$390.6 Functions.

Under established DoD policies, AFRRI shall:

(a) Operate research facilities for the study of radiobiology and ionizing radiation bioeffects, and disseminate the results.

(1) The scope of this research shall reflect requirements identified by DoD Components in support of military operational planning and employment (current and future), and shall give special emphasis to individual and organizational performances under nuclear combat conditions in realistc operational scenarios.

(2) The AFRRI program shall consider the present and projected threats, Service operational concepts and weapons, and defense systems developments.

(b) Provide analysis, study, and consultation on the impact of the biological effects of ionizing radiation on the organizational efficiency of the Military Services and their members.

(c) Conduct cooperative research with the Military Medical Departments in those aspects of military operational and medical support considerations related to nuclear weapons effects and the radio biological hazards of space operations.

(d) Conduct advanced training in the field of radiobiology and the biological effects of nuclear weapons to meet the internal requirements of AFRRI, the Military Services, and other DoD Components and organizations.

(e) Perform such other functions as may be assigned. $390.7 Authority.

32 CFR part 381 applies to the Director, DNA, for exercising head-quarters management of AFRRI and fulfilling the functional responsibilities implicit in this part.

$390.8 Effective date and implementation.

This part is effective November 25, 1987. Forward two copies of implementing documents to the Under Secretary of Defense of Acquisition within 120 days.

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