§5502 Missile Defense Agency 11 So in Original. Probably Should Be Capitalized as “missile Defense Agency”.

Summary

The Director of the Missile Defense Agency must be a general or flag officer and serve a six-year term. The Deputy Director is picked by the Secretary of Defense from active-duty generals or flag officers in the military services listed. The Deputy must come from a different service than the Director, serve for at least two and at most four years, work under the Director’s control, do tasks the Director gives, and act as Director when the Director is absent or the job is empty. The Secretary of Defense cannot change the special missile defense acquisition and requirements rules unless the Secretary personally does certain steps and then waits 120 days after sending a report to the congressional defense committees. Before changing the rules, the Secretary must consult with top officials (the Under Secretary for Research and Engineering, the Under Secretary for Acquisition and Sustainment, the Under Secretary for Policy, the military department Secretaries, the Chairman of the Joint Chiefs of Staff, the commanders of U.S. Strategic Command and U.S. Northern Command, and the Director of the Missile Defense Agency), tell the congressional defense committees that those people were consulted, and send a report that explains the changes, gives the consulted officials’ views, and certifies the changes will not harm U.S. missile defense or weaken the Agency’s special acquisition authorities. If the change affects Department of Defense Directive 5134.09, the Secretary must also give the committees a final draft of the new directive (electronic and hard copy) and brief them. The phrase “non-standard acquisition and requirements processes and responsibilities” refers to three documents: the January 2, 2002 “Missile Defense Program Direction” memorandum, DoD Directive 5134.09, and U.S. Strategic Command Instruction 538–3, as they exist now or as they are changed under these rules.