[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