US Code

Public Law 119-87 (04/30/2026)

10 U.S.C. § 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)
section 4201 of this title The term “major defense acquisition program” means a Department of Defense acquisition program that is a major defense acquisition program for purposes of 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)
section 3102 of this title 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 ;
(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)
section 4172 of this title monitor and review the live fire testing activities of the Department of Defense provided for under ; 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.
(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.
(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.
(f)
(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.
(h)
(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)
section 1105 of title 31 The President shall include in the Budget transmitted to Congress pursuant to 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.
(l)
(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).

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 I100 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 IX100 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, § 801101 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 IX107 Stat. 1726 Pub. L. 103–355, title III108 Stat. 3331 Pub. L. 106–65, div. A, title IX, § 911(d)(1)113 Stat. 719 Pub. L. 107–107, div. A, title II, § 263115 Stat. 1044 Pub. L. 107–314, div. A, title II, § 235116 Stat. 2491 Pub. L. 109–364, div. A, title II, § 231(f)120 Stat. 2133 Pub. L. 110–181, div. A, title II, § 221122 Stat. 37 Pub. L. 110–417122 Stat. 4400 Pub. L. 114–328, div. A, title VIII, § 845130 Stat. 2292 Pub. L. 115–232, div. A, title VIII, § 887(a)132 Stat. 1916 Pub. L. 116–92, div. A, title VIII, § 815133 Stat. 1487 Pub. L. 116–283, div. A, title II, § 271134 Stat. 3502 Pub. L. 117–81, div. A, title II, § 241135 Stat. 1619 Pub. L. 117–263, div. A, title II, § 231136 Stat. 2486 Pub. L. 119–60, div. A, title IX, § 904(a)139 Stat. 1009 (Added , , , § 136a; amended , , ; renumbered § 138 and amended , §§ 101(a)(7), 110(d)(10), (g)(1), , , 1003, 1004; , , , 1783–132, 1783–145, and , , , 3341–132, 3341–145; , formerly title IV, §§ 903(c), 910(c), , , 3924, renumbered title IX, , , ; , (c)(2), , , 280; , , ; , title XVI, § 1622(e)(1), , , 1605; , , ; renumbered § 139 and amended , §§ 901(a)(1), 904(d)(1), 907, , , 1728, 1730; , §§ 3011–3013, , , 3332; , , ; , title X, § 1048(b)(2), , , 1225; , , ; , , ; , , ; , [div. A], title II, § 251(c), , ; , , ; , , ; , title IX, § 902(4), , , 1542; , title XVIII, §§ 1845(c)(1), 1846(i)(1), , , 4247, 4251; , , ; , , ; , title XVIII, § 1801(a)(2)(B), , , 1222.)

Editorial Notes

Codification

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

Prior Provisions

section 140 of this titleA prior section 139 was renumbered .

section 4205 of this titleAnother prior section 139 was renumbered .

Amendments

Pub. L. 119–60, § 1801(a)(2)(B)2025—Subsec. (b)(1) to (6). , added par. (1) and redesignated former pars. (1) to (5) as (2) to (6), respectively.

Pub. L. 119–60, § 1801(a)(2)(B)(i)Subsec. (b)(7). , redesignated par. (6) as (7). Former par. (7) redesignated (8).

Pub. L. 119–60, § 904(a)(1), added par. (7).

Pub. L. 119–60, § 1801(a)(2)(B)(i)Subsec. (b)(8). , redesignated par. (7) as (8).

Pub. L. 119–60, § 904(a)(2)Subsec. (k). , inserted “, 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” before period at end.

lPub. L. 119–60, § 904(a)(3)lSubsec. (). , added subsec. ().

Pub. L. 117–2632022—Subsec. (h)(3). inserted “or controlled unclassified” after “classified” and substituted “submit to Congress a version of the report that is unclassified and does not require safeguarding or dissemination controls” for “submit an unclassified version of the report to Congress”.

Pub. L. 116–283, § 1846(i)(1)2021—Subsec. (a)(2)(B). , substituted “section 4201” for “section 2430”.

Pub. L. 116–283, § 1845(c)(1)Subsec. (b)(6). , substituted “section 4172” for “section 2366”.

Pub. L. 117–81Subsec. (h)(2). struck out before period at end “, through ”.

Pub. L. 116–283, § 271, substituted “Engineering,” for “Engineering,,” and “, through ” for “, through ”.

Pub. L. 116–92, § 902(4)(A)2019—Subsec. (b). , substituted “, the Under Secretary of Defense for Acquisition and Sustainment, and the Under Secretary of Defense for Research and Engineering” for “and the Under Secretary of Defense for Acquisition, Technology, and Logistics” in two places.

Pub. L. 116–92, § 902(4)(B)Subsec. (c). , substituted “the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Research and Engineering,” for “the Under Secretary of Defense for Acquisition, Technology, and Logistics”.

Pub. L. 116–92, § 902(4)(B)Subsec. (h)(2). , substituted “the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Research and Engineering,” for “the Under Secretary of Defense for Acquisition, Technology, and Logistics”.

Pub. L. 116–92, § 815(1), substituted “, through ” for “, through ”.

Pub. L. 116–92, § 815(2)Subsec. (h)(5). , amended par. (5) generally. Prior to amendment, par. (5) read as follows: “The Secretary of Defense and the Secretaries of the military departments may comment on any report of the Director to Congress under this subsection.”

Pub. L. 115–2322018—Subsec. (e)(4). added par. (4).

Pub. L. 114–328, § 845(1)section 1105 of title 312016—Subsec. (h)(2). , inserted “the Secretaries of the military departments,” after “Logistics,” and substituted “January 31 of each year, through ” for “10 days after the transmission of the budget for the next fiscal year under ”.

Pub. L. 114–328, § 845(2)Subsec. (h)(5). , inserted “of Defense and the Secretaries of the military departments” after “Secretary”.

Pub. L. 110–4172008—Subsec. (b)(3) to (7). redesignated pars. (4) to (7) as (3) to (6), respectively, and struck out former par. (3) which required the Director to provide guidance to and consult with the officials described in par. (2) of subsec. (b) with respect to operational test and evaluation or survivability testing (or both) within the Department of Defense of force protection equipment.

Pub. L. 110–181Subsecs. (f) to (k). added subsec. (f) and redesignated former subsecs. (f) to (j) as (g) to (k), respectively.

Pub. L. 109–3642006—Subsec. (b)(3) to (7). added par. (3) and redesignated former pars. (3) to (6) as (4) to (7), respectively.

Pub. L. 107–314, § 235(b)2002—Subsec. (g). , designated first sentence as par. (1), second sentence as par. (2), third sentence as par. (3), fourth and fifth sentences as par. (4), and sixth sentence as par. (5).

Pub. L. 107–314, § 235(a), inserted after fourth sentence “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.”

Pub. L. 107–107, § 1048(b)(2)2001—Subsec. (c). , substituted “Under Secretary of Defense for Acquisition, Technology, and Logistics” for “Under Secretary of Defense for Acquisition and Technology”.

Pub. L. 107–107, § 263(2)Subsec. (f). , added subsec. (f). Former subsec. (f) redesignated (g).

Pub. L. 107–107, § 1048(b)(2)Subsec. (g). , substituted “Under Secretary of Defense for Acquisition, Technology, and Logistics” for “Under Secretary of Defense for Acquisition and Technology”.

Pub. L. 107–107, § 263(1), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (h).

Pub. L. 107–107, § 263(1)Subsecs. (h) to (j). , redesignated subsecs. (g) to (i) as (h) to (j), respectively.

Pub. L. 106–651999—Subsec. (b). 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).

Pub. L. 103–355, § 3012(a)1994—Subsec. (b)(6). , added par. (6).

Pub. L. 103–355, § 3011Subsec. (c). , 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)”.

Pub. L. 103–355Subsec. (f). , §§ 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.”

Pub. L. 103–160, § 901(a)(1)section 138 of this title1993—, renumbered as this section.

Pub. L. 103–160, § 904(d)(1)Subsec. (b). , substituted “Under Secretary of Defense for Acquisition and Technology” for “Under Secretary of Defense for Acquisition” in introductory provisions and in par. (2).

Pub. L. 103–160, § 907Subsec. (c). , 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”.

Pub. L. 103–160, § 904(d)(1)Subsec. (f). , substituted “Under Secretary of Defense for Acquisition and Technology” for “Under Secretary of Defense for Acquisition”.

Pub. L. 101–510, § 1484(k)(1)(A)1990—Subsec. (a)(2)(A). , substituted “(A) The term ‘operational test and evaluation” for “(A) ‘Operational test and evaluation”.

Pub. L. 101–510, § 1484(k)(1)(B)Subsec. (a)(2)(B). , substituted “(B) The term ‘major defense acquisition program” for “(B) ‘Major defense acquisition program”.

Pub. L. 101–189, § 1622(e)(1)(A)1989—Subsec. (a)(2)(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”.

Pub. L. 101–189, § 1622(e)(1)(B)Subsec. (a)(2)(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”.

Pub. L. 101–189, § 802(b)(1)(A)Subsec. (b)(4). , inserted “and” after “defense agency;”.

Pub. L. 101–189, § 802(b)(1)(B)Subsec. (b)(5), (6). , (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”.

Pub. L. 101–189, § 802(b)(2)Subsec. (c). , (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.”

Pub. L. 101–189, § 802(b)(4)Subsec. (d). , redesignated former par. (2) of subsec. (d) as entire subsec. Former par. (1) of subsec. (d) redesignated subsec. (c).

Pub. L. 101–189, § 802(b)(5)Subsec. (f). –(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.”

Pub. L. 101–189, § 802(b)(6)Subsec. (g). , (8), redesignated former par. (2) of subsec. (g) as entire subsec. (g), and redesignated former par. (1) of subsec. (g) as subsec. (f).

Pub. L. 100–26, § 7(c)(2)1987—Subsec. (a)(2)(B). , substituted “section 2430” for “section 2432(a)(1)”.

Pub. L. 100–26, § 7(a)(1)Subsec. (c). , 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.”

Pub. L. 100–180Subsec. (d). designated existing provisions as par. (1) and added par. (2).

Pub. L. 99–433section 136a of this title1986—, §§ 101(a)(7), 110(d)(10), renumbered as this section, and struck out “: appointment; powers and duties” at end of section catchline.

Pub. L. 99–433, § 110(g)(1)Subsec. (a)(2)(B). , substituted “section 2432(a)(1)” for “section 139a(a)(1)”.

Pub. L. 99–500Pub. L. 99–591, § 101(c) [§ 903(c)(1)–(3)]Pub. L. 99–661, § 903(c)(1)Subsec. (b). and and –(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,”.

Pub. L. 99–500Pub. L. 99–591, § 101(c) [§ 903(c)(4)]Pub. L. 99–661, § 903(c)(4)Subsec. (c). and , and , 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.

Pub. L. 99–500Pub. L. 99–591, § 101(c) [§ 903(c)(5)]Pub. L. 99–661, § 903(c)(5)Subsec. (d). and , and , 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”.

Pub. L. 99–500Pub. L. 99–591, § 101(c) [§§ 903(c)(6), 910(c)]Pub. L. 99–661section 1105 of title 31Subsec. (g)(1). and , and , §§ 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 ” for “January 15 immediately following the end of the fiscal year for which the report is prepared”.

Pub. L. 99–500Pub. L. 99–591, § 101(c) [§ 903(c)(7)]Pub. L. 99–661, § 903(c)(7)Subsec. (i). and , and , amended section identically adding subsec. (i).

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 116–283section 1801(d) of Pub. L. 116–283section 3001 of this titleAmendment by sections 1845(c)(1) and 1846(i)(1) of effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as a note preceding .

Effective Date

Pub. L. 98–94, title XII, § 1211(c)97 Stat. 686

section 5315 of Title 5“The amendments made by this section [enacting this section and amending , Government Organization and Employees] shall take effect on .”
, , , provided that:

Termination of Reporting Requirements

section 1061 of Pub. L. 114–328section 111 of this titleFor termination, effective , of provisions in subsec. (h) of this section requiring submittal of annual report to Congress, see , set out as a note under .

Congressionally Directed Programs for Test and Evaluation Oversight

Pub. L. 119–60, div. A, title II, § 219139 Stat. 778

“(a)

Requirement .—

section 139(h) of title 10The Director of Operational Test and Evaluation shall include in the annual report required by , United States Code, an assessment of the operational and live fire test and evaluation activities for—
“(1)
command and control and data integration architecture for layered integrated missile defense of the homeland;
“(2)
the Joint Fires Network; and
“(3)
the Cryptographic Modernization Program.
“(b)

Alternative Pathway .—

section 3603 of title 1010 U.S.C. 4171For any effort under subsection (a) assigned to the software acquisition pathway pursuant to , United States Code, the Director of Operational Test and Evaluation shall assess the effort in accordance with the alternative test and evaluation pathway established by section 218 of this Act [ note].”
, , , provided that:

Requirement to Maintain Certain Test and Evaluation Activities

Pub. L. 119–60, div. A, title IX, § 904(b)139 Stat. 1009

“(1)

Limitation .—

During the period beginning on the date of the enactment of this Act [] and ending on , the Secretary of Defense may not—
“(A)
divest or consolidate a capability specified in paragraph (2);
“(B)
transfer responsibility for such a capability away from the organization responsible for the capability as of the date of the enactment of this Act; or
“(C)
take any other action that would reduce the scope or effectiveness of the capability.
“(2)

Capabilities described .—

The capabilities specified in this paragraph are—
“(A)
the Cyber Assessment Program;
“(B)
the Center for Countermeasures;
“(C)
the Test and Evaluation Threat Resource Activity;
“(D)
the Joint Technical Coordinating Group for Munitions Effectiveness Program;
“(E)
the Joint Aircraft Survivability Program;
“(F)
the Joint Test and Evaluation Program; and
“(G)
the Test and Evaluation Transformation Program.
“(3)

Waiver .—

The Secretary of Defense, acting through the Director of Operational Test and Evaluation, may a waive the limitation under paragraph (1) with respect to capability specified in paragraph (2), on a case-by-case basis, if—
“(A)
the Secretary submits to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a plan for divesting, consolidating, transferring, or otherwise reducing the scope or effectiveness the capability (as the case may be), which shall include—
“(i)
in the case of a capability proposed to be transferred to another organization within the Department of Defense—
“(I)
identification of the organization to which such capability will be transferred; and
“(II)
an explanation of the level of resources needed to sustain such capability at the new organization, staffing levels for the capability at such organization, and any agreements needed to implement the proposed transfer; and
“(ii)
in the case of a capability proposed to be divested or consolidated by the Secretary, a justification for the divestment or consolidation together with an explanation of how the proposed divestment or consolidation will not result in a loss of capabilities or functions in a manner that poses a risk to any mission of the Department of Defense; and
“(B)
a period of 30 days has elapsed following the date on which the plan under subparagraph (A) was submitted.
“(4)

Resources .—

The Secretary of Defense shall ensure that sufficient funding and personnel are made available to the Director of Operational Test and Evaluation to maintain the capabilities specified in paragraph (2) during the period in which the limitation under paragraph (1) applies.”
, , , provided that:

Annual Assessment of Ballistic Missile Defense System

Pub. L. 116–92, div. A, title XVI, § 1689133 Stat. 1789

“(a)

Annual Assessment .—

section 139 of title 10As part of the annual report of the Director of Operational Test and Evaluation submitted to Congress under , United States Code, the Director shall include an assessment of the ballistic missile defense system and all of the elements of the system that have been fielded or are planned, as of the date of the assessment, including—
“(1)
the operational effectiveness, suitability, and survivability of the ballistic missile defense system and the elements of the system that have been fielded or tested; and
“(2)
the adequacy and sufficiency of the test program of such system as of the date of the assessment, including with respect to the operational realism of the tests.
“(b)

Form .—

Each assessment under subsection (a) may be submitted in unclassified form, and may include a classified annex.”
, , , provided that:

Additional Testing Data

Pub. L. 115–232, div. A, title VIII, § 887(b)132 Stat. 1916

“Developmental Test and Evaluation activities under the leadership of the Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Acquisition and Sustainment 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 developmental test and evaluation of military capabilities. This access shall include data associated with verification, validation, and accreditation activities.”
, , , provided that:

Review and Revision of Policies and Practices on Test and Evaluation; Inclusion in Strategic Plan; Report

Pub. L. 109–364, div. A, title II, § 231(b)120 Stat. 2132 Pub. L. 117–263, div. A, title VIII, § 804(d)(4)136 Stat. 2701

“(b)

Review and Revision of Policies and Practices.—

“(1)

Review .—

During fiscal year 2007, the Under Secretary of Defense for Acquisition, Technology, and Logistics and the Director of Operational Test and Evaluation shall review Department of Defense policies and practices on test and evaluation in order to—
“(A)
reaffirm the test and evaluation principles that should guide traditional acquisition programs; and
“(B)
determine how best to apply appropriate test and evaluation principles to emerging acquisition approaches.
“(2)

Revised guidance .—

If the Under Secretary determines as a result of the review under paragraph (1) that a revision of the policies and practices referred to in that paragraph is necessary, the Under Secretary and the Director shall jointly issue new or revised guidance for the Department of Defense on test and evaluation to address that determination.
“(c)

Issues To Be Addressed .—

In carrying out subsection (b), the Under Secretary shall address policies and practices on test and evaluation in order to—
“(1)
ensure the performance of test and evaluation activities with regard to—
“(A)
section 3601 of title 10 items that are acquired pursuant to the authority for rapid acquisition and deployment of items in , United States Code;
“(B)
Public Law 107–314116 Stat. 2603 10 U.S.C. 2430 programs that are conducted pursuant to the authority for spiral development in [former] section 803 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (; ; [former] note), or other authority for the conduct of incremental acquisition programs;
“(C)
systems that are acquired pursuant to other emerging acquisition approaches, as approved by the Under Secretary; and
“(D)
10 U.S.C. 4172 equipment that is not subject to the operational test and evaluation requirements in sections 2366 and 2399 of title 10, United States Code [now , 4171], but that may require limited operational test and evaluation for the purpose of ensuring the safety and survivability of such equipment and personnel using such equipment; and
“(2)
section 2366a of title 1010 U.S.C. 4251 ensure the appropriate use, if any, of operational test and evaluation resources to assess technology readiness levels for the purpose of , United States Code [now ], and other applicable technology readiness requirements.
“(d)

Inclusion of Testing Needs in Strategic Plan .—

section 196 of title 1010 U.S.C. 4173The Director, Test Resource Management Center, shall ensure that the strategic plan for Department of Defense test and evaluation resources developed pursuant to , United States Code [now ]—
“(1)
reflects any testing needs of the Department of Defense that are identified as a result of activities under subsection (b); and
“(2)
includes an assessment of the test and evaluation facilities, resources, and budgets that will be required to meet such needs.
“(e)

Report to Congress .—

Not later than nine months after the date of the enactment of this Act [], the Under Secretary and the Director of Operational Test and Evaluation shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the review conducted under paragraph (1) of subsection (b), including any new or revised guidance issued pursuant to paragraph (2) of that subsection.”
–(e), , , 2133, as amended by , , , provided that: