PUBLIC LAW 98-94—SEPT. 24, 1983 97 STAT. 685 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 "(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 facil- ities and equipment, in the Department of Defense. "(c) 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 and shall be accom- panied by such comments as the Secretary of Defense may wish to make on such report. "(d) The Director reports directly, without intervening review or approval, to the Secretary of Defense. The Director shall consult closely with, but the Director and the Director's staff are independ- ent of, the Under Secretary of Defense for Research and Engineer- ing and all other officers and entities of the Department of Defense responsible for research and development. (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 opera- tional 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 Depart- ment 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)(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 re- quired by subsection (b)(5) and the Committees on Armed Services and on Appropriations of the Senate and House of Representatives have received that report. "(g)(1) The Director shall prepare an annual report summarizing the operational test and evaluation activities of the Department of Defense during the preceding fiscal year. Each such report shall be submitted concurrently to the Secretary of Defense and the Con- gress not later than January 15 immediately following the end of the fiscal year for which the report is prepared. The report shall include such comments and recommendations as the Director con- siders appropriate, including comments and recommendations on resources and facilities available for operational test and evaluation Report submittal. Records and data accessibility. Report submittal.
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