SORT: 5134.09
DOCI: DODD 5134.9
DATE: 19940614
TITL: DODD 5134.9 Ballistic Missile Defense Organization (BMDO), June 14, 1994,
DA&M
Refs: (a) Title 10, United States Code
(b) National Security Decision Directive 119, "Strategic Defense
Initiative," January 6, 1984
(c) DoD Directive 5141.5, "Strategic Defense Initiative Organization,"
June 4, 1987 (hereby canceled)
(d) DoD Directive 2060.1, "Implementation of, and Compliance With, Arms
Control Agreements," July 31, 1992
(e) through (j), see enclosure 1
A. PURPOSE
Under the authority vested in the Secretary of Defense by Section 113 of
reference (a), and reference (b), this Directive establishes the BMDO as
an agency of the Department of Defense with the responsibilities,
functions, relationships, and authorities as prescribed herein; and
replaces reference (c).
B. APPLICABILITY
This Directive 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").
C. MISSION
1. BMDO shall manage, direct, and execute the Ballistic Missile Defense
Program (BMDP) to achieve the following objectives:
a. 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;
b. 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;
c. 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
d. 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.
2. 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
C.I.a. and b., above. 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.
D. ORGANIZATION AND MANAGEMENT
1. 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.
2. 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.
3. A BMD Acquisition Review Council (BMDARC) may be established by the
BMDAE to assist the BMDAE to:
a. Review BMDP progress in preparation for acquisition milestone
decisions;
b. Resolve critical programmatic and technical issues; and
c. Determine specific program directions.
d. 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.
F. 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:
1. Organize, direct, and manage BMDO arid 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:
a. Theater missile defense systems;
b. The U.S. ballistic missile defense system; and
c. Other antiballistic missile systems or upgrades as may be assigned by
the USD(A&T).
2. Develop programmatic policies and issue program guidance and direction
to the DoD Components consistent with U.S. national security policy.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. Develop mechanisms for coordinating BMDPs with other DoD research,
development, test, and evaluation efforts.
10. Oversee, in coordination with appropriate DoD Components the
participation of U.S. allies and friends in the BMD technical cooperation
programs.
11. Provide periodic program reviews and milestone decision information to
the DAE, as well as to the BMDARC.
12. Serve as principal DoD official responsible for presenting the BMDP
budget to the Congress.
13. Ensure that jointly funded programs have been reviewed by appropriate
SAEs prior to initiating programmatic discussions with the USD(A&T).
14. Serve as principal public spokesperson for the BMDP.
15. 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.
16. Serve on boards, committees, and other groups pertaining to BMD
activities, functions, and responsibilities.
17. Establish internal procedures for compliance with the ABM Treaty and
other Arms Control Agreements, pursuant to DoD Directive 2060.1 (reference
(d)).
18. Perform such other duties as the USD(A&T) may prescribe.
F. RELATIONSHIPS
1. In the performance of assigned functions, the Director, BMDO, shall:
a. Serve under the authority, direction, and control of the USD(A&T).
b. Serve as a member of the Defense Planning and Resources Board, when BMD
matters are under consideration, and Chairman of the BMDARC.
c. 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.
d. Operate within the DoD Acquisition System, as defined in DoD Directive
5000.1 and DoD Instruction 5000.2 (references (e) and (f)), taking
direction from the USD(A&T); and work directly with appropriate OSD
committees and offices.
e. 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.
f. Establish procedures for streamlined communication with each Military
Department and Defense Agency involved in the BMDP.
g. 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).
h. 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.
i. 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.
2. The Heads of the DoD Components shall:
a. Provide support within their respective fields of responsibilities, to
the Director, BMDO, as required, to carry out the responsibilities and
functions assigned to BMDO.
b. 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.
3. The Secretaries of the Military Departments and Directors of Defense
Agencies shall:
a. Execute BMD element programs and BMD technology development efforts as
recommended by the Director, BMDO, and approved by the Secretary of
Defense.
b. Provide the personnel (to include a BMD Program Executive Officer and
Element Program Managers) and the infrastructure necessary to support all
Service BMD activities.
c. Provide program recommendations and advice to the Director, BMDO, on
budgeting, resources, and program execution.
d. Provide advice on BMD activities, including readiness for advancing
through the acquisition process, technical and programmatic issues, and
general program guidance.
e. Submit program documentation and reports required by the Director,
BMDO, in support of DAE reviews and milestone decisions.
G. AUTHORITIES
The Director, BMDO, is hereby delegated authority to:
1. 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.
2. 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.
3. 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.
4. 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 FAR 202.101 and DFARS 2.1 (reference (g)), for the BMDO.
5. Authorize the allocation and/or sub-allocation of funds made available
to BMDO for assigned research, development, test, and acquisition
projects.
6. 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.
7. Negotiate agreements, as necessary, with other U.S. Agencies and
organizations to ensure proper coordination and execution of the BMDP.
8. 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, reference (h).
9. Establish, in coordination with appropriate DoD Components, special
security procedures for sensitive BMDPs.
10. 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.
11. 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.
12. 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 (reference
(i)).
13. Exercise the administrative authorities contained in enclosure 2.
H. ADMINISTRATION
1. The Director, BMDO, shall be appointed by the Secretary of Defense,
upon recommendation from the USD(A&T).
2. 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 (reference (j)).
3. Administrative support required for BMDO shall be provided by the other
DoD Components, as appropriate.
4. The Director, BMDO, shall consult on all key military and civilian
personnel assignments within the BMD management network.
I. EFFECTIVE DATE
This Directive is effective immediately.
John M. Deutch Deputy Secretary of Defense
Enclosures - 2 1. References 2. Delegations of Authority
REFERENCES. continued
(e) DoD Directive 5000.1, "Defense Acquisition," February 23, 1991
(f) DoD Instruction 5000.2, "Defense Acquisition Management Policies and
Procedures," February 23, 1991
(g) Federal Acquisition Regulation 202.101, April 1, 1984, as supplemented
by Defense FAR Supplement (DFARS) 2.1
(h) DoD Directive 5530.3, "International Agreements," June 11, 1987
(i) Missile Defense Act of 1991, Section 231, et. seq., as amended, of the
National Defense Authorization Act for Fiscal Years 1992 and 1993
(j) Public Law 101-510, "Defense Acquisition Workforce Improvement Act,"
November 5, 1990
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
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," January 1987:
a. Designate any 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 Volume II, Joint
Travel Regulations.
b. Temporary duty travel only for military personnel assigned or detailed
to BMDO, 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, 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, "Records Management
Program," March 22, 1991; DoD Directive 5400.7, "DoD Freedom of
Information Act Program," May 13, 1988; 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 BMDO when it is determined more
advantageous and consistent with the best interests of the Government, in
accordance with DoD Directive 7360.10, "Disbursing Policies," January 17,
1989 and Volume 5, DoD 7000.14-R, "DoD Financial Management Regulation,"
and the Joint Regulation of the General Services Administration-Treasury.
6. Authorize and approve overtime work for civilian personnel in BMDO, in
accordance with the provisions of the Federal Personnel Manual Supplement
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, "Department of Defense Directives
System Procedures," December 1990.
9. Issue the necessary security regulations for protection of property and
places under the jurisdiction of the BMDO, under DoD Directive 5200.8,
"Security of DoD Installations and Resources," April 25, 1991.
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, "DoD Committee Management Program," January 18, 1990.
14. Authorize the publication of advertisements, notices, or proposals in
newspapers, magazine, 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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Defense Department Space Policy