10 U.S.C. § 138d — Untitled legal text

Page 205 TITLE 10—ARMED FORCES § 139 [title X, § 903(b)(1)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–132, and Pub. L. 99–591, § 101(c) [title X, § 903(b)(1)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–132; Pub. L. 99–661, div. A, title IX, formerly title IV, § 903(b)(1), Nov. 14, 1986, 100 Stat. 3911, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273; renumbered § 137 and amended Pub. L. 103–160, div. A, title IX, §§ 901(a)(1), 904(d)(1), Nov. 30, 1993, 107 Stat. 1726, 1728; Pub. L. 104–106, div. A, title IX, § 903(c)(3), Feb. 10, 1996, 110 Stat. 402; Pub. L. 104–201, div. A, title IX, § 901, Sept. 23, 1996, 110 Stat. 2617; Pub. L. 106–65, div. A, title IX, § 911(d)(1), Oct. 5, 1999, 113 Stat. 719; renumbered § 139a, Pub. L. 107–314, div. A, title IX, § 901(a)(1), Dec. 2, 2002, 116 Stat. 2619; Pub. L. 111–23, title I, § 104(a)(1), May 22, 2009, 123 Stat. 1717; renumbered § 138b and amended Pub. L. 111–383, div. A, title IX, § 901(b)(6), (k)(1)(B), Jan. 7, 2011, 124 Stat. 4319, 4325; Pub. L. 112–239, div. A, title IX, § 904(e)(1), Jan. 2, 2013, 126 Stat. 1867; Pub. L. 113–291, div. A, title IX, § 901(h)(2)(C), Dec. 19, 2014, 128 Stat. 3466, related to Assistant Secretary of Defense for Research and Engineering. [§ 138c. Repealed. Pub. L. 113–291, div. A, title IX, § 901(g)(2), Dec. 19, 2014, 128 Stat. 3466] Section, added Pub. L. 110–417, [div. A], title IX, § 902(a), Oct. 14, 2008, 122 Stat. 4564, § 139b; renumbered § 138c and amended Pub. L. 111–383, div. A, title IX, § 901(b)(7), (k)(1)(C), Jan. 7, 2011, 124 Stat. 4320, 4325; Pub. L. 112–81, div. A, title III, § 311, Dec. 31, 2011, 125 Stat. 1351; Pub. L. 112–239, div. A, title X, § 1076(f)(3), Jan. 2, 2013, 126 Stat. 1952; Pub. L. 113–66, div. A, title III, § 311, Dec. 26, 2013, 127 Stat. 728; Pub. L. 113–291, div. A, title IX, § 901(g)(1)(B), (D), Dec. 19, 2014, 128 Stat. 3464, 3465, related to Assistant Secretary of Defense for Oper- ational Energy Plans and Programs. [§ 138d. Repealed. Pub. L. 113–291, div. A, title IX, § 901(h)(4), Dec. 19, 2014, 128 Stat. 3467] Section, added Pub. L. 100–180, div. A, title XII, § 1245(a)(1), Dec. 4, 1987, 101 Stat. 1165, § 141; renumbered § 142, Pub. L. 103–160, div. A, title IX, § 901(a)(1), Nov. 30, 1993, 107 Stat. 1726; amended Pub. L. 104–106, div. A, title IX, §§ 903(c)(4), 904(a)(1), Feb. 10, 1996, 110 Stat. 402, 403; Pub. L. 104–201, div. A, title IX, § 901, Sept. 23, 1996, 110 Stat. 2617; Pub. L. 110–417, [div. A], title IX, § 905, Oct. 14, 2008, 122 Stat. 4568; renumbered § 138d and amended Pub. L. 111–383, div. A, title IX, § 901(b)(8), (k)(1)(D), Jan. 7, 2011, 124 Stat. 4320, 4325, related to As- sistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs. § 139. Director of Operational Test and Evalua- tion (a)(1) There is a Director of Operational Test and Evaluation in the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. The Director shall be appointed without regard to political affiliation and solely on the basis of fitness to perform the duties of the office of Di- rector. The Director may be removed from office by the President. The President shall commu- nicate the reasons for any such removal to both Houses of Congress. (2) In this section: (A) The term ‘‘operational test and evalua- tion’’ means— (i) the field test, under realistic combat conditions, of any item of (or key compo- nent of) weapons, equipment, or munitions for the purpose of determining the effective- ness and suitability of the weapons, equip- ment, or munitions for use in combat by typical military users; and (ii) the evaluation of the results of such test. (B) The term ‘‘major defense acquisition pro- gram’’ means a Department of Defense acqui- sition program that is a major defense acquisi- tion program for purposes of section 4201 of this title or that is designated as such a pro- gram by the Director for purposes of this sec- tion. (b) The Director is the principal adviser to the Secretary of Defense, the Under Secretary of De- fense for Acquisition and Sustainment, and the Under Secretary of Defense for Research and En- gineering on operational test and evaluation in the Department of Defense and the principal operational test and evaluation official within the senior management of the Department of Defense. The Director shall— (1) prescribe, by authority of the Secretary of Defense, policies and procedures for the con- duct of operational test and evaluation in the Department of Defense; (2) provide guidance to and consult with the Secretary of Defense, the Under Secretary of Defense for Acquisition and Sustainment, and the Under Secretary of Defense for Research and Engineering and the Secretaries of the military departments with respect to oper- ational test and evaluation in the Department of Defense in general and with respect to spe- cific operational test and evaluation to be con- ducted in connection with a major defense ac- quisition program; (3) monitor and review all operational test and evaluation in the Department of Defense; (4) coordinate operational testing conducted jointly by more than one military department or defense agency; (5) review and make recommendations to the Secretary of Defense on all budgetary and fi- nancial matters relating to operational test and evaluation, including operational test fa- cilities and equipment, in the Department of Defense; and (6) monitor and review the live fire testing activities of the Department of Defense pro- vided for under section 4172 of this title. (c) The Director may communicate views on matters within the responsibility of the Direc- tor directly to the Secretary of Defense and the Deputy Secretary of Defense without obtaining the approval or concurrence of any other official within the Department of Defense. The Director shall consult closely with, but the Director and the Director’s staff are independent of, the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Research and Engineering, and all other officers and entities of the Department of Defense re- sponsible for acquisition. (d) The Director may not be assigned any re- sponsibility for developmental test and evalua- tion, other than the provision of advice to offi- cials responsible for such testing. (e)(1) The Secretary of a military department shall report promptly to the Director the results of all operational test and evaluation conducted by the military department and of all studies conducted by the military department in con- nection with operational test and evaluation in the military department. (2) The Director may require that such observ- ers as he designates be present during the prepa-