[Code of Federal Regulations]
[Title 32, Volume 2, Parts 191 to 399]
[Revised as of July 1, 1998]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR380.7]

[Page 1028-1029]
 
                       TITLE 32--NATIONAL DEFENSE
 
                               (CONTINUED)
 
PART 380--DIRECTOR OF OPERATIONAL TEST AND EVALUATION--Table of Contents
 
Sec. 380.7  Authorities.

    The Director, OT&E, is hereby delegated authority to:
    (a) Issue DoD Instructions, DoD publications, and one-time 
directive-type memoranda, consistent with DoD Directive 5025.1-M that 
implement policies approved by the Secretary of Defense in order to 
carry out the functions assigned to the Director, OT&E. Instructions to 
the Military Departments shall be issued through the Secretaries of 
those Departments or their designees. Instructions to Unified and 
Specified Commands shall be issued through the JCS.
    (b) Obtain reports, information, advice, and assistance, consistent 
with DoD Directive 5000.19 as necessary in carrying out assigned 
functions. Have access to all records and data in the DoD (including 
those of each DoD Component) that the Director, OT&E, considers 
necessary to review in order to carry out assigned functions.
    (c) Act as prior approval authority for OT&E section of the TEMPS 
and for OT&E funding for each major defense acquisition program. 
Operational testing of a major defense acquisition program may not be 
conducted until the Director, OT&E, has approved in writing the adequacy 
of the plans, including the adequacy of projected levels of funding and 
resources for OT&E to be conducted in connection with that program.
    (d) Require, as the Director, OT&E, determines necessary, that 
observers designated by the Director, OT&E, be present during the 
preparation for and the conduct of the test part of any OT&E conducted 
by DoD Components.
    (e) Monitor and review all OT&E conducted in the Department of 
Defense and analyze the results of OT&E conducted for each major defense 
acquisition program.
    (1) The Director, OT&E, shall submit a report to the Secretary of 
Defense

[[Page 1029]]

and to the Committees on Armed Services and on Appropriations of the 
Senate and House of Representatives that addresses specifically:
    (i) The adequacy of the test and evaluation performed; and
    (ii) Whether the results confirm the effectiveness and combat 
suitability of the items or components actually tested.
    (2) Copies of the report will be provided to appropriate DoD 
officials and Components to facilitate the development of comments by 
the Secretary of Defense.
    (3) A final decision to proceed with a major defense acquisition 
program beyond low rate initial production may not be made until the 
report has been submitted to the Secretary of Defense and received by 
the Armed Services and Appropriations Committees.
    (f) Prepare an annual report for the Secretary of Defense and the 
Congress by January 15 of each year summarizing the OT&E activities of 
the Department of Defense during the preceding fiscal year.
    (1) The report shall include such comments and recommendations as 
the Director, OT&E, considers appropriate, including comments and 
recommendations on resources and facilities available for OT&E and 
levels of funding made available for OT&E activities.
    (2) Copies of this report shall be provided to appropriate DoD 
officials and Components to facilitate comments by the Secretary of 
Defense, if desired.
    (g) Communicate directly with the heads of DoD Components. 
Communications to commanders of the Unified and Specified Commands shall 
be coordinated with the JCS.
    (h) Arrange for DoD participation in nondefense governmental 
programs for which the Director, OT&E, is assigned primary DoD 
cognizance.
    (i) Communicate with other government agencies, representatives of 
the Legislative Branch, and members of the public, as appropriate, in 
carrying out assigned functions.