[Federal Register Volume 59, Number 163 (Wednesday, August 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20706]


[[Page Unknown]]

[Federal Register: August 24, 1994]


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DEPARTMENT OF DEFENSE
32 CFR Part 388

[DoD Directive 5134.9]

 

Organizational Charter; Ballistic Missile Defense Organization 
(BMDO)

AGENCY: Office of the Secretary, DoD.

ACTION: Final rule.

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SUMMARY: In accordance with the authority granted to the Secretary of 
Defense under title 10, United States Code, this DoD organization 
change has been issued to establish the Ballistic Missile Defense 
Organization and reflect its responsibilities, functions, and 
organization. The BMDO replaces the Strategic Defense Initiative 
Organization (SDIO).

EFFECTIVE DATE: June 14, 1994.

FOR FURTHER INFORMATION CONTACT:
Mr. R. Kennedy, Organizational and Management Planning, 703-697-1142.

List of Subjects in 32 CFR Part 388

    Organization and functions (government agencies).

    Accordingly, 32 CFR part 388 is revised to read as follows:

PART 388--BALLISTIC MISSILE DEFENSE ORGANIZATION (BMDO)

Sec.
388.1  Purpose.
388.2  Applicability.
388.3  Mission.
388.4  Organization and management.
388.5  Functions and responsibilities.
388.6  Relationships.
388.7  Authorities.
388.8  Administration.

    Appendix A to part 388--Delegations of Authority.

    Authority: 10 U.S.C. 113.


Sec. 388.1  Purpose.

    Under the authority vested in the Secretary of Defense by 10 U.S.C. 
113, this part establishes the BMDO as an agency of the Department of 
Defense with the responsibilities, functions, relationships, and 
authorities as prescribed herein.


Sec. 388.2  Applicability.

    This part applies to the Office of the Secretary of Defense (OSD), 
the Military Departments, the Chairman of the Joint Chiefs of Staff, 
the Unified Combatant Commands, the Office of the Inspector General of 
the Department of Defense, the Defense Agencies, and the DoD Field 
Activities (hereafter referred to collectively as ``the DoD 
Components'').


Sec. 388.3  Mission.

    (a) BMDO shall manage, direct, and execute the Ballistic Missile 
Defense Program (BMDP) to achieve the following objectives:
    (1) Enable deployment of an effective and rapidly relocatable 
advanced theater missile defense capability to protect forward-deployed 
and expeditionary elements of the Armed Forces of the United States as 
well as friends and allies of the United States;
    (2) Develop options for, and deploy when directed, an antiballistic 
missile (ABM) system that is capable of providing effective defense of 
the U.S. homeland against limited attacks of ballistic missiles, 
including accidental, unauthorized launches or deliberate attacks;
    (3) Demonstrate advanced technologies--as options for enhancing 
initial BMD systems--such as space-based defenses and their associated 
sensors that could provide an overlay to ground-based interceptors; and
    (4) Continue programs of basic and applied research to develop 
follow-on technologies for both near-term and future technology 
insertion options and new system options to sustain a highly effective 
missile defense capability.
    (b) The BMDP shall provide the basis for informed decisions 
regarding development, production, and deployment milestones, and shall 
be carried out in full consultation and, where appropriate, with 
participation of our allies. The program shall be conducted in 
compliance with all existing international agreements and treaty 
obligations and shall utilize nonnuclear weapon technologies to achieve 
the deployments in paragraphs (a)(1) and (a)(2) of this section. The 
BMDP shall focus on the development, acquisition, and integration of 
theater missile defenses and strategic defenses against ballistic 
missile threats to the United States.


Sec. 388.4  Organization and management.

    (a) BMDO shall consist of a Director and such subordinate 
organizational elements as are established by the Director within 
resources authorized by the Secretary of Defense. The Director, BMDO, 
shall serve also as the BMD Acquisition Executive (BMDAE) for BMDO-
funded programs and/or projects.
    (b) The Under Secretary of Defense for Acquisition and Technology 
(USD(A&T)), as the Defense Acquisition Executive (DAE), shall provide 
DoD oversight and guidance for the BMD acquisition program, and shall 
conduct formal reviews, including Defense Acquisition Board milestone 
reviews, for BMDPs. All such reviews shall emphasize streamlined 
acquisition strategies. The USD(A&T) shall provide oversight for the 
BMD technology base activities contained in the BMDP.
    (c) A BMD Acquisition Review Council (BMDARC) may be established by 
the BMDAE to assist the BMDAE to:
    (1) Review BMDP progress in preparation for acquisition milestone 
decisions;
    (2) Resolve critical programmatic and technical issues; and
    (3) Determine specific program directions.
    (4) The Service Acquisition Executives (SAEs) and Vice Chiefs of 
Staff of the Services shall provide representatives to the BMDARC. 
Membership shall also include representatives of the Vice Chairman of 
the Joint Chiefs of Staff and Commanders of the Unified Combatant 
Commands, as necessary.


Sec. 388.5  Functions and responsibilities.

    The Director, BMDO, is responsible for BMD programmatic policy, 
requirements, priorities, systems, resources, and programs, and is 
responsible and accountable for the research, development, and 
transition of BMD systems to the Military Departments and operations by 
the Combatant Commands. The Director shall:
    (a) Organize, direct, and manage BMDO and all assigned resources 
and activities; provide for the procurement and fielding of assigned 
systems; and administer and supervise all programs, services, and items 
under the BMDP to include but not be limited to:
    (1) Theater missile defense systems;
    (2) The U.S. ballistic missile defense systems; and
    (3) Other antiballistic missile systems or upgrades as may be 
assigned by the USD(A&T).
    (b) Develop programmatic policies and issue program guidance and 
direction to the DoD Components consistent with U.S. national security 
policy.
    (c) Establish the BMD management network including BMDO, the 
Services, and other Agencies to execute all program activities; and 
delegate appropriate authority to key individuals to ensure successful 
program execution and integration.
    (d) Establish the systems and procedures necessary to coordinate 
integration into the overall BMDP of the major BMD acquisition programs 
and other acquisition programs that directly relate to the BMDP's 
objectives for development and deployment.
    (e) Develop systems' standards and procedures for the 
administration and management of approved BMD plans and programs; 
establish program goals and objectives; set priorities; and evaluate 
BMDP activities of DoD Components and, as appropriate, those of other 
Federal Agencies.
    (f) Prepare the BMDP objectives memoranda and budget submissions in 
coordination with appropriate DoD Components; make determinations 
regarding priorities and resources; provide recommendations on program 
budget decisions to the USD(A&T), Comptroller of the Department of 
Defense, and Director, Program Analysis and Evaluation, for 
incorporation into the planning, programming, and budgeting system 
process; and initiate and implement congressional reprogramming 
actions.
    (g) Make such determinations regarding priorities and resources in 
coordination with appropriate DoD Components to include the Joint 
Requirements Oversight Council, as may be required to achieve approved 
program objectives and to enable the incremental development and 
deployment of BMD systems for U.S. Forces, the United States, and 
allies.
    (h) In coordination with the USD(A&T) and appropriate DoD 
officials, identify Military Department, Defense Agency, and BMDO 
responsibilities for program execution, and in such cases where source-
selection is not delegated to the Military Departments and Defense 
Agencies, retain that authority within BMDO.
    (i) Develop mechanisms for coordinating BMDPs with other DoD 
research, development, test, and evaluation efforts.
    (j) Oversee, in coordination with appropriate DoD Components, the 
participation of U.S. allies and friends in the BMD technical 
cooperation programs.
    (k) Provide periodic program reviews and milestone decision 
information to the DAE, as well as to the BMDARC.
    (l) Serve as principal DoD official responsible for presenting the 
BMDP budget to the Congress.
    (m) Ensure that jointly funded programs have been reviewed by 
appropriate SAEs prior to initiating programmatic discussions with the 
USD(A&T).
    (n) Serve as principal public spokesperson for the BMDP.
    (o) 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 with respect to 
BMD matters.
    (p) Serve on boards, committees, and other groups pertaining to BMD 
activities, functions, and responsibilities.
    (q) Establish internal procedures for compliance with the ABM 
Treaty and other Arms Control Agreements, pursuant to DoD Directive 
2060.1.
    (r) Perform such other duties as the USD(A&T) may prescribe.


Sec. 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 5000.1\1\ and DoD Instruction 500.2,\2\ taking direction from 
the USD(A&T); and work directly with appropriate OSD committees and 
offices.
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    \1\Copies may be obtained, at cost, from the National Technical 
Information Service, 5285 Port Royal Road, Springfield, VA 22161.
    \2\See footnote 1 to Sec. 388.6(a)(4).
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    (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.
    (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.


Sec. 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 necessary, with other U.S. Agencies 
and organizations to ensure proper coordination and execution of the 
BMDP.
    (h) Negotiate agreements, as necessary, 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\
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    \3\See footnote 1 to Sec. 388.6(a)(4).
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    (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 original 
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.
    (l) 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.


Sec. 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.
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    \1\Copies may be obtained, at cost, from the Superintendent of 
Documents, Government Printing Office, Washington, DC 20402.
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    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.\4\
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    \2\Copies 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.
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    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 7360.10\5\ and 
Volume 5, DoD 7000.14-R,\6\ and the Joint Regulation of the General 
Services Administration-Treasury.\7\
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    \5\See footnote 2 to section 4. of this Appendix.
    \6\See footnote 2 to section 4. of this Appendix.
    \7\See footnote 1 to section 2.a. of this Appendix.
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    6. Authorize and approve overtime work for civilian personnel in 
BMDO, in accordance with provisions of the Federal Personnel Manual 
Supplement\8\ 990-1, section 550.11.
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    \8\See footnote 1 to section 2.a. of this Appendix.
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    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\
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    \9\See footnote 2 to section 4. of this Appendix.
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    9. Issue the necessary security regulations for protection of 
property and places under the jurisdiction of the BMDO, under DoD 
Directive 5200.8.\10\
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    \10\See footnote 2 to section 4. of this Appendix.
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    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\
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    \11\See footnote 2 to section 4. of this Appendix.
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    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.

    Dated: August 18, 1994.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 94-20706 Filed 8-23-94; 8:45 am]
BILLING CODE 5000-04-M