§ 139. Director of Operational Test and Evaluation
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(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 4201 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, the Under Secretary of Defense for Acquisition and Sustainment, and the Under Secretary of Defense for Research and Engineering 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)ensure that all operational test and evaluation activities are aligned with, and are conducted in a manner that supports, the objectives of the defense acquisition system established pursuant to section 3102 of this title;
(2)prescribe, by authority of the Secretary of Defense, policies and procedures for the conduct of operational test and evaluation in the Department of Defense;
(3)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 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;
(4)monitor and review all operational test and evaluation in the Department of Defense;
(5)coordinate operational testing conducted jointly by more than one military department or defense agency;
(6)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;
(7)monitor and review the live fire testing activities of the Department of Defense provided for under section 4172 of this title; and
(8)have access to approved test and evaluation master plans and test strategies of the armed forces for purposes of conducting independent reviews of such plans and strategies.
(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 and Sustainment, the Under Secretary of Defense for Research and Engineering, 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.
(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.
(4)The Director shall have prompt access to all data regarding modeling and simulation activity proposed to be used by military departments and defense agencies in support of operational or live fire test and evaluation of military capabilities. This access shall include data associated with verification, validation, and accreditation activities.
(1)The Director of the Missile Defense Agency shall make available to the Director of Operational Test and Evaluation the results of all tests and evaluations conducted by the Missile Defense Agency and of all studies conducted by the Missile Defense Agency in connection with tests and evaluations in the Missile Defense Agency.
(2)The Director of Operational Test and Evaluation may require that such observers as the Director designates be present during the preparation for and the conducting of any test and evaluation conducted by the Missile Defense Agency.
(3)The Director of Operational Test and Evaluation shall have access to all records and data in the Department of Defense (including the records and data of the Missile Defense Agency) that the Director considers necessary to review in order to carry out his duties under this subsection.
(g)The Director shall ensure that safety concerns developed during the operational test and evaluation of a weapon system under a major defense acquisition program are communicated in a timely manner to the program manager for that program for consideration in the acquisition decisionmaking process.
(1)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.
(2)Each such report shall be submitted concurrently to the Secretary of Defense, the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Research and Engineering, the Secretaries of the military departments, and the Congress not later than January 31 of each year.
(3)If the Director submits the report to Congress in a classified or controlled unclassified form, the Director shall concurrently submit to Congress a version of the report that is unclassified and does not require safeguarding or dissemination controls.
(4)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 report for a fiscal year shall also include an assessment of the waivers of and deviations from requirements in test and evaluation master plans and other testing requirements that occurred during the fiscal year, any concerns raised by the waivers or deviations, and the actions that have been taken or are planned to be taken to address the concerns.
(5)The Director shall solicit comments from the Secretaries of the military departments on each report of the Director to Congress under this section and include any comments as an appendix to the Director’s report. The Director shall determine the amount of time available for the Secretaries to comment on the draft report on a case by case basis, and consider the extent to which substantive discussions have already been held between the Director and the military department. The Director shall reserve the right to issue the report without comment from a military department if the department’s comments are not received within the time provided, and shall indicate any such omission in the report.
(i)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.
(j)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.
(k)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, and the Secretary of Defense shall ensure that the amount requested for the Office of the Director in the Department of Defense budget for each fiscal year is sufficient to enable the Director to fulfill the duties and responsibilities assigned by this section.
(1)The Director may enter into contracts or other agreements with one or more federally funded research and development centers pursuant to which personnel of such centers may assist the Director with program oversight, including through—
(A)test planning, preparation, and monitoring;
(B)data collection;
(C)data analysis;
(D)drafting and reviewing test reports;
(E)providing technical expertise and support to program offices; and
(F)performing such other duties as the Director determines appropriate.
(2)The Secretary of Defense shall ensure that the Director has sufficient funding to enter into the contracts or other agreements for which authorization is provided under paragraph (1).
(Added Pub. L. 98–94, title XII, § 1211(a)(1), Sept. 24, 1983, 97 Stat. 684, § 136a; amended Pub. L. 99–348, title V, § 501(c), July 1, 1986, 100 Stat. 708; renumbered § 138 and amended Pub. L. 99–433, title I, §§ 101(a)(7), 110(d)(10), (g)(1), Oct. 1, 1986, 100 Stat. 995, 1003, 1004; Pub. L. 99–500, § 101(c) [title X, §§ 903(c), 910(c)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–132, 1783–145, and Pub. L. 99–591, § 101(c) [title X, §§ 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, §§ 903(c), 910(c), Nov. 14, 1986, 100 Stat. 3912, 3924, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 100–26, § 7(a)(1), (c)(2), Apr. 21, 1987, 101 Stat. 275, 280; Pub. L. 100–180, div. A, title VIII, § 801, Dec. 4, 1987, 101 Stat. 1123; Pub. L. 101–189, div. A, title VIII, § 802(b), title XVI, § 1622(e)(1), Nov. 29, 1989, 103 Stat. 1486, 1605; Pub. L. 101–510, div. A, title XIV, § 1484(k)(1), Nov. 5, 1990, 104 Stat. 1719; renumbered § 139 and amended Pub. L. 103–160, div. A, title IX, §§ 901(a)(1), 904(d)(1), 907, Nov. 30, 1993, 107 Stat. 1726, 1728, 1730;
Pub. L. 103–355, title III, §§ 3011–3013, Oct. 13, 1994, 108 Stat. 3331, 3332; Pub. L. 106–65, div. A, title IX, § 911(d)(1), Oct. 5, 1999, 113 Stat. 719; Pub. L. 107–107, div. A, title II, § 263, title X, § 1048(b)(2), Dec. 28, 2001, 115 Stat. 1044, 1225; Pub. L. 107–314, div. A, title II, § 235, Dec. 2, 2002, 116 Stat. 2491; Pub. L. 109–364, div. A, title II, § 231(f), Oct. 17, 2006, 120 Stat. 2133; Pub. L. 110–181, div. A, title II, § 221, Jan. 28, 2008, 122 Stat. 37; Pub. L. 110–417, [div.
A], title II, § 251(c), Oct. 14, 2008, 122 Stat. 4400; Pub. L. 114–328, div. A, title VIII, § 845, Dec. 23, 2016, 130 Stat. 2292; Pub. L. 115–232, div. A, title VIII, § 887(a), Aug. 13, 2018, 132 Stat. 1916; Pub. L. 116–92, div. A, title VIII, § 815, title IX, § 902(4), Dec. 20, 2019, 133 Stat. 1487, 1542; Pub. L. 116–283, div. A, title II, § 271, title XVIII, §§ 1845(c)(1), 1846(i)(1), Jan. 1, 2021, 134 Stat. 3502, 4247, 4251; Pub. L. 117–81, div. A, title II, § 241, Dec. 27, 2021, 135 Stat. 1619;
Pub. L. 117–263, div. A, title II, § 231, Dec. 23, 2022, 136 Stat. 2486; Pub. L. 119–60, div. A, title IX, § 904(a), title XVIII, § 1801(a)(2)(B), Dec. 18, 2025, 139 Stat. 1009, 1222.)
Connections67 cite this · traces to 26
Cited by 67 sections · top 42
public-private-law
U.S. Code
- § 2224Defense Information Assurance Program
- § 5315Positions at level IV
- § 138Assistant Secretaries of Defense
- § 4205Weapon systems for which procurement funding requested in budget: development and procurement schedules
- § 139Director of Operational Test and Evaluation
- § 4351Selected Acquisition Reports
- § 3601Procedures for urgent acquisition and deployment of capabilities needed in response to urgent operational needs or vital national security interest
- § 222aUnfunded priorities of the armed forces and combatant commands: annual report
- § 4171Operational test and evaluation of defense acquisition programs
- § 140General Counsel
- § 4173Department of Defense Test Resource Management Center
- § 136aRepealed. Pub. L. 111–383, div. A, title IX, § 901(b)(1), Jan. 7, 2011, 124 Stat. 4317]
statutes-at-large
- Public Law 98–472
- Public Law 100–26To make technical corrections in certain defense-related laws
- Public Law 96–29To authorize supplemental appropriations for fiscal year 1979 for procurement of aircraft, missiles, and naval vessels and for research, development, test, and evaluation for the Armed Forces, and for other purposes
- Public Law 99–188
- Public Law 109–364To authorize appropriations for fiscal year 2007 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
- Public Law 94–106To authorize appropriations during the fiscal year 1973, and the period beginning July 1, 1976, and ending September 30, 1976, for procurement of aircraft, missiles, numb vessels, tracked combat vehicles, torpedoes, and other weapons, and research, development, test and evaluation for the Armed Forc
- Public Law 97–86To authorize appropriations for fiscal year 1982 for the Armed Forces for procurement, for research, development, test, and evaluation, and for operation and maintenance, to prescribe personnel strengths for such fiscal year for the Armed Forces and for civilian employees of the Department of Defens
- Public Law 96–342To authorize appropriations for fiscal year 1981 for procurement of aircraft, missiles, naval vessels, track combat vehicles, torpedoes, and other weapons and for research, development, test, and evaluation for the Armed Forces, to prescribe the authorized personnel strength for each active duty com
- Public Law 99–145To authorize appropriations for military functions of the Department of Defense and to prescribe military personnel levels for the Department of Defense for fiscal year 1986, to revise and improve military compensation programs, to improve defense procurement procedures, to authorize appropriations
- Public Law 111–383To authorize appropriations for fiscal year 2011 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
- Public Law 98–525To authorize appropriations for military functions of the Department of Defense and to prescribe military personnel levels for the Department of Defense for fiscal year 1985, to revise and improve defense procurement, compensation, and management programs, to establish new defense educational assist
- Public Law 96–418To authorize certain construction at military installations for fiscal year 1981, and for other purposes
- Public Law 99–433To reorganize the Department of Defense and strengthen civilian authority in the Department of Defense, to improve the military advice provided to the President, the National Security Council, and the Secretary of Defense, to place clear responsibility on the commanders of the unified and specified
- Public Law 97–99To authorize certain construction at military installations for fiscal year 1982, and for other purposes
- Public Law 117–263To authorize appropriations for fiscal year 2023 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
- Public Law 97–114Making appropriations for the Department of Defense for the fiscal year ending September 30, 1982, and for other purposes
- Public Law 98–115To authorize certain construction at military installations for fiscal year 1984, and for other purposes
- Public Law 97–252To authorize appropriations for fiscal year 1983 for the Armed Forces for procurement, for research, development, test, and evaluation, and for operation and maintenance, to prescribe personnel strengths for such fiscal year for the Armed Forces and for civilian employees of the Department of Defens
- Public Law 115–232To authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
- Public Law 98–94To authorize appropriations for fiscal year 1984 for the Armed Forces for procurement, for research, development, test, and evaluation, and for operation and maintenance, to prescribe personnel strengths for such fiscal year for the Armed Forces and for civilian employees of the Department of Defens
- Public Law 116–92To authorize appropriations for fiscal year 2020 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes
- Public Law 96–107To authorize appropriations for fiscal year 1980 for procurement of aircraft, missiles, naval vessels, tracked combat vehicles, torpedoes, and other weapons and for research, development, test, and evaluation for the Armed Forces, to prescribe the authorized personnel strength for each active duty c
statute-compilations
- Sec. 1689ANNUAL ASSESSMENT OF BALLISTIC MISSILE DEFENSE SYSTEM
- Sec. 887ACCESS BY DEVELOPMENTAL AND OPERATIONAL TESTING ACTIVITIES TO DATA REGARDING MODELING AND SIMULATION ACTIVITY
- Sec. 804REVISION OF AUTHORITY FOR PROCEDURES TO ALLOW RAPID ACQUISITION AND DEPLOYMENT OF CAPABILITIES NEEDED UNDER SPECIFIED HIGH-PRIORITY CIRCUMSTANCES
bill
- Sec. 804Revision of authority for procedures to allow rapid acquisition and deployment of capabilities needed under specified high-priority circumstances
- Sec. 804Revision of authority for procedures to allow rapid acquisition and deployment of capabilities needed under specified high-priority circumstances
Traces to 26 documents
U.S. Code
- /usc/title-10/section-4201§ 4201
- Objectives of the defense acquisition system§ 3102
- Major systems and munitions programs: survivability testing and lethality testing required before full-scale production§ 4172
- Budget contents and submission to Congress§ 1105
- General Counsel§ 140
- Weapon systems for which procurement funding requested in budget: development and procurement schedules§ 4205
- Assistant Secretaries of Defense§ 138
- Repealed. Pub. L. 111–383, div. A, title IX, § 901(b)(1), Jan. 7, 2011, 124 Stat. 4317]§ 136a
- Defense acquisition system; element of the defense acquisition system§ 3001
- Positions at level IV§ 5315
- Executive department§ 111
- Director of Operational Test and Evaluation§ 139
- Software acquisition pathways§ 3603
- Operational test and evaluation of defense acquisition programs§ 4171
- Procedures for urgent acquisition and deployment of capabilities needed in response to urgent operational needs or vital national security interest§ 3601
- Repealed. Pub. L. 116–283, div. A, title XVIII, § 1846(f)(8), Jan. 1, 2021, 134 Stat. 4251]§ 2430
- Renumbered § 4251]§ 2366a
- Major defense acquisition programs: factors to be considered before Milestone A approval§ 4251
- Renumbered § 4173]§ 196
- Department of Defense Test Resource Management Center§ 4173
public-private-law
- National Defense Authorization Act for Fiscal Year 2017Public Law 114-328
- John S. McCain National Defense Authorization Act for Fiscal Year 2019Public Law 115-232
- National Defense Authorization Act for Fiscal Year 2020Public Law 116-92
- William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021Public Law 116-283
- National Defense Authorization Act for Fiscal Year 2022Public Law 117-81
- James M. Inhofe National Defense Authorization Act for Fiscal Year 2023Public Law 117-263
103 references not yet in our index
- Pub. L. 98–94, title XII, § 1211(a)(1)
- 97 Stat. 684
- Pub. L. 99–348, title V, § 501(c)
- 100 Stat. 708
- Pub. L. 99–433, title I
- 100 Stat. 995
- Pub. L. 99–500, § 101(c) [title X, §§ 903(c), 910(c)]
- 100 Stat. 1783–82
- Pub. L. 99–591, § 101(c) [title X, §§ 903(c), 910(c)]
- 100 Stat. 3341–82
- Pub. L. 99–661, div. A, title IX
- 100 Stat. 3912
- Pub. L. 100–26, § 3(5)
- 101 Stat. 273
- Pub. L. 100–26, § 7(a)(1)
- 101 Stat. 275
- Pub. L. 100–180, div. A, title VIII, § 801
- 101 Stat. 1123
- Pub. L. 101–189, div. A, title VIII, § 802(b)
- 103 Stat. 1486
- Pub. L. 101–510, div. A, title XIV, § 1484(k)(1)
- 104 Stat. 1719
- Pub. L. 103–160, div. A, title IX
- 107 Stat. 1726
- Pub. L. 103–355, title III
- 108 Stat. 3331
- Pub. L. 106–65, div. A, title IX, § 911(d)(1)
- 113 Stat. 719
- Pub. L. 107–107, div. A, title II, § 263
- 115 Stat. 1044
- Pub. L. 107–314, div. A, title II, § 235
- 116 Stat. 2491
- Pub. L. 109–364, div. A, title II, § 231(f)
- 120 Stat. 2133
- Pub. L. 110–181, div. A, title II, § 221
- 122 Stat. 37
- Pub. L. 110–417
- 122 Stat. 4400
- 130 Stat. 2292
- 132 Stat. 1916
+ 63 more
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§ 139
Director of Operational Test and Evaluation
Stat.×36
U.S.C.×23
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Pub. L.Pub. L. 98–94, title XII, § 1211(a)(1)
Stat.97 Stat. 684
Pub. L.Pub. L. 99–348, title V, § 501(c)
Cites 129 · showing 12Cited by 67 across 5 sources