Page:United States Statutes at Large Volume 97.djvu/716

 97 STAT. 684 PUBLIC LAW 98-94—SEPT. 24, 1983 Committee (COCOM) in order to strengthen control over the export of technology and equipment to certain countries by the United States and certain of its allies. PART B—DEPARTMENT OF DEFENSE MANAGEMENT MATTERS ESTABLISHMENT OF DEFENSE DIRECTOR OF OPERATIONAL TEST AND EVALUATION SEC. 1211. (a)(1) Chapter 4 of title 10, United States Code, is amended by inserting ^ter section 136 the following new section: 10 USC 136a. "§l36a. Director of Operational Test and Evaluation: appoint- ment; powers and duties "(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. Definitions. "(2) In this section: "(A) '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 usc in combat by typical military users; and "(ii) the evaluation of the results of such test. "(B) 'Major defense acquisition program' means a Department of Defense acquisition program that is a major defense acquisi- 10 USC 139a. tion program for purposes of section 139a(a)(l) of this title or that is designated as such a program by the Director for pur- poses of this section. "(b) The Director is the principal adviser to the Secretary of Defense 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, poli- cies 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 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) 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 and to the Committees on Armed

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