
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1048(b)(2)]
[Document affected by Public Law 107-107 Section 263]
[CITE: 10USC139]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
            PART I--ORGANIZATION AND GENERAL MILITARY POWERS
 
              CHAPTER 4--OFFICE OF THE SECRETARY OF DEFENSE
 
Sec. 139. Director of Operational Test and Evaluation

    (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 Director. The 
Director may be removed from office by the President. The President 
shall communicate the reasons for any such removal to both Houses of 
Congress.
    (2) In this section:
        (A) The term ``operational test and evaluation'' means--
            (i) the field test, under realistic combat conditions, of 
        any item of (or key component of) weapons, equipment, or 
        munitions for the purpose of determining the effectiveness and 
        suitability of the weapons, equipment, 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 program'' means a 
    Department of Defense acquisition program that is a major defense 
    acquisition program for purposes of section 2430 of this title or 
    that is designated as such a program by the Director for purposes of 
    this section.

    (b) The Director is the principal adviser to the Secretary of 
Defense and the Under Secretary of Defense for Acquisition, Technology, 
and Logistics 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 conduct of operational test and 
    evaluation in the Department of Defense;
        (2) provide guidance to and consult with the Secretary of 
    Defense and the Under Secretary of Defense for Acquisition, 
    Technology, and Logistics and the Secretaries of the military 
    departments with respect to operational test and evaluation in the 
    Department of Defense in general and with respect to specific 
    operational test and evaluation to be conducted in connection with a 
    major defense acquisition 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 financial matters relating to operational test 
    and evaluation, including operational test facilities and equipment, 
    in the Department of Defense; and
        (6) monitor and review the live fire testing activities of the 
    Department of Defense provided for under section 2366 of this title.

    (c) The Director may communicate views on matters within the 
responsibility of the Director 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, Technology, and Logistics and all other officers and 
entities of the Department of Defense responsible for acquisition.
    (d) The Director may not be assigned any responsibility for 
developmental test and evaluation, other than the provision of advice to 
officials 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 connection with operational test and evaluation 
in the military department.
    (2) The Director may require that such observers as he designates be 
present during the preparation for and the conduct of the test part of 
any operational test and evaluation conducted in the Department of 
Defense.
    (3) The Director shall have access to all records and data in the 
Department of Defense (including the records and data of each military 
department) that the Director considers necessary to review in order to 
carry out his duties under this section.
    (f) The Director shall prepare an annual report summarizing the 
operational test and evaluation activities (including live fire testing 
activities) of the Department of Defense during the preceding fiscal 
year. Each such report shall be submitted concurrently to the Secretary 
of Defense, the Under Secretary of Defense for Acquisition, Technology, 
and Logistics, and the Congress not later than 10 days after the 
transmission of the budget for the next fiscal year under section 1105 
of title 31. If the Director submits the report to Congress in a 
classified form, the Director shall concurrently submit an unclassified 
version of the report to Congress. The report shall include such 
comments and recommendations as the Director considers appropriate, 
including comments and recommendations on resources and facilities 
available for operational test and evaluation and levels of funding made 
available for operational test and evaluation activities. The Secretary 
may comment on any report of the Director to Congress under this 
subsection.
    (g) The Director shall comply with requests from Congress (or any 
committee of either House of Congress) for information relating to 
operational test and evaluation in the Department of Defense.
    (h) The President shall include in the Budget transmitted to 
Congress pursuant to section 1105 of title 31 for each fiscal year a 
separate statement of estimated expenditures and proposed appropriations 
for that fiscal year for the activities of the Director of Operational 
Test and Evaluation in carrying out the duties and responsibilities of 
the Director under this section.
    (i) The Director shall have sufficient professional staff of 
military and civilian personnel to enable the Director to carry out the 
duties and responsibilities of the Director prescribed by law.

(Added Pub. L. 98-94, title XII, Sec. 1211(a)(1), Sept. 24, 1983, 97 
Stat. 684, Sec. 136a; amended Pub. L. 99-348, title V, Sec. 501(c), July 
1, 1986, 100 Stat. 708; renumbered Sec. 138 and amended Pub. L. 99-433, 
title I, Secs. 101(a)(7), 110(d)(10), (g)(1), Oct. 1, 1986, 100 Stat. 
995, 1003, 1004; Pub. L. 99-500, Sec. 101(c) [title X, Secs. 903(c), 
910(c)], Oct. 18, 1986, 100 Stat. 1783-82, 1783-132, 1783-145, and Pub. 
L. 99-591, Sec. 101(c) [title X, Secs. 903(c), 910(c)], Oct. 30, 1986, 
100 Stat. 3341-82, 3341-132, 3341-145; Pub. L. 99-661, div. A, title IX, 
formerly title IV, Secs. 903(c), 910(c), Nov. 14, 1986, 100 Stat. 3912, 
3924, renumbered title IX, Pub. L. 100-26, Sec. 3(5), Apr. 21, 1987, 101 
Stat. 273; Pub. L. 100-26, Sec. 7(a)(1), (c)(2), Apr. 21, 1987, 101 
Stat. 275, 280; Pub. L. 100-180, div. A, title VIII, Sec. 801, Dec. 4, 
1987, 101 Stat. 1123; Pub. L. 101-189, div. A, title VIII, Sec. 802(b), 
title XVI, Sec. 1622(e)(1), Nov. 29, 1989, 103 Stat. 1486, 1605; Pub. L. 
101-510, div. A, title XIV, Sec. 1484(k)(1), Nov. 5, 1990, 104 Stat. 
1719; renumbered Sec. 139 and amended Pub. L. 103-160, div. A, title IX, 
Secs. 901(a)(1), 904(d)(1), 907, Nov. 30, 1993, 107 Stat. 1726, 1728, 
1730; Pub. L. 103-355, title III, Secs. 3011-3013, Oct. 13, 1994, 108 
Stat. 3331, 3332; Pub. L. 106-65, div. A, title IX, Sec. 911(a)(1), 
(d)(1), Oct. 5, 1999, 113 Stat. 717, 719.)

                          Codification

    Pub. L. 99-591 is a corrected version of Pub. L. 99-500.


                            Prior Provisions

    A prior section 139 was renumbered section 140 of this title.
    Another prior section 139 was renumbered section 2431 of this title.


                               Amendments

    1999--Subsec. (b). Pub. L. 106-65, Sec. 911(d)(1), substituted 
``Under Secretary of Defense for Acquisition, Technology, and 
Logistics'' for ``Under Secretary of Defense for Acquisition and 
Technology'' in introductory provisions and in par. (2).
    Subsecs. (c), (f). Pub. L. 106-65, Sec. 911(a)(1), substituted 
``Under Secretary of Defense for Acquisition, Technology, and 
Logistics'' for ``Under Secretary of Defense for Acquisition and 
Technology''.
    1994--Subsec. (b)(6). Pub. L. 103-355, Sec. 3012(a), added par. (6).
    Subsec. (c). Pub. L. 103-355, Sec. 3011, inserted ``The Director may 
communicate views on matters within the responsibility of the Director 
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.'' after ``(c)''.
    Subsec. (f). Pub. L. 103-355, Secs. 3012(b), 3013, in first sentence 
inserted ``(including live fire testing activities)'' after 
``operational test and evaluation activities'' and after second sentence 
inserted ``If the Director submits the report to Congress in a 
classified form, the Director shall concurrently submit an unclassified 
version of the report to Congress.''
    1993--Pub. L. 103-160, Sec. 901(a)(1), renumbered section 138 of 
this title as this section.
    Subsec. (b). Pub. L. 103-160, Sec. 904(d)(1), substituted ``Under 
Secretary of Defense for Acquisition and Technology'' for ``Under 
Secretary of Defense for Acquisition'' in introductory provisions and in 
par. (2).
    Subsec. (c). Pub. L. 103-160, Sec. 907, struck out ``The Director 
reports directly, without intervening review or approval, to the 
Secretary of Defense personally.'' after ``(c)'' and substituted ``Under 
Secretary of Defense for Acquisition and Technology'' for ``Director of 
Defense Research and Engineering'' and ``responsible for acquisition'' 
for ``responsible for research and development''.
    Subsec. (f). Pub. L. 103-160, Sec. 904(d)(1), substituted ``Under 
Secretary of Defense for Acquisition and Technology'' for ``Under 
Secretary of Defense for Acquisition''.
    1990--Subsec. (a)(2)(A). Pub. L. 101-510, Sec. 1484(k)(1)(A), 
substituted ``(A) The term `operational test and evaluation'' for ``(A) 
`Operational test and evaluation''.
    Subsec. (a)(2)(B). Pub. L. 101-510, Sec. 1484(k)(1)(B), substituted 
``(B) The term `major defense acquisition program'' for ``(B) `Major 
defense acquisition program''.
    1989--Subsec. (a)(2)(A). Pub. L. 101-189, Sec. 1622(e)(1)(A), which 
directed amendment of subpar. (A) by substituting ``(A) The term 
`operational' '' for ``(A) `Operational' '', could not be executed 
because a closing quotation mark did not follow ``Operational''.
    Subsec. (a)(2)(B). Pub. L. 101-189, Sec. 1622(e)(1)(B), which 
directed amendment of subpar. (B) by substituting ``(B) The term `major' 
'' for ``(B) `Major' '', could not be executed because a closing 
quotation mark did not follow ``Major''.
    Subsec. (b)(4). Pub. L. 101-189, Sec. 802(b)(1)(A), inserted ``and'' 
after ``defense agency;''.
    Subsec. (b)(5), (6). Pub. L. 101-189, Sec. 802(b)(1)(B), (C), 
redesignated par. (6) as (5) and struck out former par. (5) which read 
as follows: ``analyze the results of the operational test and evaluation 
conducted for each major defense acquisition program and, at the 
conclusion of such operational test and evaluation, report to the 
Secretary of Defense, to the Under Secretary of Defense for Acquisition, 
and to the Committees on Armed Services and on Appropriations of the 
Senate and House of Representatives as provided in subsection (c) on--
        ``(A) whether the test and evaluation performed was adequate; 
    and
        ``(B) whether the test and evaluation results confirm that the 
    items or components actually tested are effective and suitable for 
    combat; and''.
    Subsec. (c). Pub. L. 101-189, Sec. 802(b)(2), (3), redesignated 
subsec. (d)(1) as (c) and struck out former subsec. (c) which read as 
follows: ``Each report of the Director required under subsection (b)(5) 
shall be submitted to the committees specified in that subsection in 
precisely the same form and with precisely the same content as the 
report originally was submitted to the Secretary of Defense and the 
Under Secretary of Defense for Acquisition and shall be accompanied by 
such comments as the Secretary may wish to make on the report.''
    Subsec. (d). Pub. L. 101-189, Sec. 802(b)(4), redesignated former 
par. (2) of subsec. (d) as entire subsec. Former par. (1) of subsec. (d) 
redesignated subsec. (c).
    Subsec. (f). Pub. L. 101-189, Sec. 802(b)(5)-(7), redesignated 
subsec. (g)(1) as (f), substituted ``this subsection'' for ``this 
paragraph'', and struck out former subsec. (f) which read as follows:
    ``(1) Operational testing of a major defense acquisition program may 
not be conducted until the Director has approved in writing the adequacy 
of the plans (including the adequacy of projected levels of funding) for 
operational test and evaluation to be conducted in connection with that 
program.
    ``(2) A final decision within the Department of Defense to proceed 
with a major defense acquisition program beyond low-rate initial 
production may not be made until the Director has submitted to the 
Secretary of Defense the report with respect to that program required by 
subsection (b)(5) and the Committees on Armed Services and on 
Appropriations of the Senate and House of Representatives have received 
that report.''
    Subsec. (g). Pub. L. 101-189, Sec. 802(b)(6), (8), redesignated 
former par. (2) of subsec. (g) as entire subsec. (g), and redesignated 
former par. (1) of subsec. (g) as subsec. (f).
    1987--Subsec. (a)(2)(B). Pub. L. 100-26, Sec. 7(c)(2), substituted 
``section 2430'' for ``section 2432(a)(1)''.
    Subsec. (c). Pub. L. 100-26, Sec. 7(a)(1), substituted ``to the 
Secretary of Defense and the Under Secretary of Defense for Acquisition 
and shall be accompanied by such comments as the Secretary may wish to 
make on the report.'' for ``to the Secretary, to the Under Secretary of 
Defense for Acquisition, and shall be accompanied by such comments as 
the Secretary of Defense may wish to make on such report.''
    Subsec. (d). Pub. L. 100-180 designated existing provisions as par. 
(1) and added par. (2).
    1986--Pub. L. 99-433, Secs. 101(a)(7), 110(d)(10), renumbered 
section 136a of this title as this section, and struck out ``: 
appointment; powers and duties'' at end of section catchline.
    Subsec. (a)(2)(B). Pub. L. 99-433, Sec. 110(g)(1), substituted 
``section 2432(a)(1)'' for ``section 139a(a)(1)''.
    Subsec. (b). Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(c) 
[Sec. 903(c)(1)-(3)] and Pub. L. 99-661, Sec. 903(c)(1)-(3), amended 
subsec. (b) identically, in provisions preceding par. (1) and in par. 
(2), inserting ``and the Under Secretary of Defense for Acquisition'' 
and, in par. (5), inserting ``, to the Under Secretary of Defense for 
Acquisition,''.
    Subsec. (c). Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(c) 
[Sec. 903(c)(4)], and Pub. L. 99-661, Sec. 903(c)(4), amended subsec. 
(c) identically by directing the insertion of ``, to the Under Secretary 
of Defense for Acquisition,'' after ``Secretary of Defense'' the first 
place it appears which was executed by making the insertion after ``the 
Secretary'' the first place it appears as the probable intent of 
Congress.
    Subsec. (d). Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(c) 
[Sec. 903(c)(5)], and Pub. L. 99-661, Sec. 903(c)(5), amended subsec. 
(d) identically inserting ``personally'' after ``Secretary of Defense''.
    Pub. L. 99-348 substituted ``Director of Defense Research and 
Engineering'' for ``Under Secretary of Defense for Research and 
Engineering''.
    Subsec. (g)(1). Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(c) 
[Secs. 903(c)(6), 910(c)], and Pub. L. 99-661, Secs. 903(c)(6), 910(c), 
amended par. (1) identically, inserting ``, the Under Secretary of 
Defense for Acquisition,'' and substituting ``10 days after transmission 
of the budget for the next fiscal year under section 1105 of title 31'' 
for ``January 15 immediately following the end of the fiscal year for 
which the report is prepared''.
    Subsec. (i). Pub. L. 99-500 and Pub. L. 99-591, Sec. 101(c) 
[Sec. 903(c)(7)], and Pub. L. 99-661, Sec. 903(c)(7), amended section 
identically adding subsec. (i).


                             Effective Date

    Section 1211(c) of Pub. L. 98-94 provided that: ``The amendments 
made by this section [enacting this section and amending section 5315 of 
Title 5, Government Organization and Employees] shall take effect on 
November 1, 1983.''


                           Order of Succession

    For order of succession in event of death, disability, or 
resignation of Secretary, see Ex. Ord. No. 13000, Apr. 24, 1996, 61 F.R. 
18483, set out as a note under section 3345 of Title 5, Government 
Organization and Employees.

                  Section Referred to in Other Sections

    This section is referred to in section 2399 of this title.
