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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, Technology, and Logistics 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.

(f) 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.

(g)(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, Technology, and Logistics, and the Congress not later than 10 days after the transmission of the budget for the next fiscal year under section 1105 of title 31.

(3) 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.

(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 Secretary may comment on any report of the Director to Congress under this subsection.

(h) 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.

(i) 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.

() 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. (Added as $ 136a by P.L. 98–94, $ 1211(a)(1), Sept. 24, 1983, 97 Stat. 684; amended P.L. 99– 348, $501(c), July 1, 1986, 100 Stat. 708; redesignated § 138 and amended P.L. 99–433, $$ 101(a)(7), 110(d)(10), (g)(1), Oct. 1, 1986, 100 Stat. 995, 1003, 1004; (former $ 138 transferred to $$ 114-116); amended identically P.L. 99–500, 99–591, 99–661, § 101(c) [$$ 903(c), 910(c)], § 101(c) (88 903(c), 910(c)], $$ 903(c), 910(c), Oct. 18, Oct. 30, Nov. 14, 1986, 100 Stat. 1783–132, 1783–145, 3341-132, 3341-145, 3912, 3924; amended P.L. 100–26, § 7(a)(1), (c)(2), April 21, 1987, 101 Stat. 275, 280; P.L. 100–180, $ 801, Dec. 4, 1987, 101 Stat. 1123; P.L. 101–189, $$ 802(b), 1622(e)(1), 103 Stat 1486, 1605; P.L. 101-510, $ 1484(k)(1), Nov. 5, 1990, 104 Stat. 1719; redesignated § 139 and amended P.L. 103–160, $$ 901(a)(1), 904(d)(1), 907, Nov. 30, 1993, 107 Stat. 1726, 1728, 1730 [former § 139 redesignated § 140]; P.L. 103–355, $$ 3011, 3012, 3013, Oct. 13, 1994, 108 Stat. 3331, 3332; P.L. 106–65, § 911(d)(1), Oct. 5, 1999, 113 Stat. 719; P.L. 107–107, $$ 263, 1048(b)(2), Dec. 28, 2001, 115 Stat. 1044, 1225; P.L. 107–314, § 235(a), (b), Dec. 2, 2002, 116 Stat. 2491.) $ 139a. Director of Defense Research and Engineering

(a) There is a Director of Defense Research and Engineering, appointed from civilian life by the President, by and with the advice and consent of the Senate.

(b) Except as otherwise prescribed by the Secretary of Defense, the Director of Defense Research and Engineering shall perform such duties relating to research and engineering as the Under Secretary of Defense for Acquisition, Technology, and Logistics may prescribe. (Added as $ 135 by P.L. 87–651, $ 202, Sept. 7, 1962, 76 Stat. 518; amended P.L. 92–596, § 4(2), Oct. 27, 1972, 86 Stat. 1318; P.L. 95–140, $ 2(a), Oct. 21, 1977, 91 Stat. 1172; P.L. 99–348, $ 501 (b), (e), July 1, 1986, 100 Stat. 707, 708; P.L. 99–433, § 105(2), Oct. 1, 1986, 100 Stat. 997; amended identically P.L. 99–500, 99-591, 99–661, $ 101(c) [8 903(a)], $ 101(c) [$ 903(a)], $ 903(a), Oct. 18, Oct. 30, Nov. 14, 1986, 100 Stat. 1783–132, 3341-132, 3911; redesignated § 137 and amended P.L. 103–160, $$ 901(a)(1), 904(d)(1), Nov. 30, 1993, 107 Stat. 1726, 1728 (former § 137 transferred to $ 135); P.L. 106–65, § 911(d)(1), Oct. 5, 1999, 113 Stat. 719; P.L. 107–314, $ 901(a)(1), Dec. 2, 2002, 116 Stat. 2619 [former § 137 transferred to $ 139a).)

[S$ 139a, 139b, and 139c. Transferred to $$ 2432, 2433, and

2434] $ 140. General Counsel

(a) There is a General Counsel of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate.

(b) The General Counsel is the chief legal officer of the Department of Defense. He shall perform such functions as the Secretary of Defense may prescribe. (Added as $ 137 by P.L. 87–651, $ 202, Sept. 7, 1962, 76 Stat. 519; amended P.L. 88–426, $ 305(9), Aug. 14, 1964, 78 Stat. 423; redesignated § 139 and amended P.L. 99–433, § 101(a)(7), 110(d)(11), Oct. 1, 1986, 100 Stat. 995, 1003 (former $ 139 transferred to $ 2431]; redesignated § 140 and amended P.L. 103–160, $ 901(a)(1), Nov. 30, 1993, 107 Stat. 1726 [former $ 140 redesignated § 141].)

[$ 140a. Transferred to $ 128, then to § 421)
[$ 140b. Transferred to $ 129]
[$ 140c. Transferred to $ 130]
$ 141. Inspector General

(a) There is an Inspector General of the Department of Defense, who is appointed as provided in section 3 of the Inspector General Act of 1978 (Public Law 95–452; 5 U.S.C. App. 3).

(b) The Inspector General performs the duties, has the responsibilities, and exercises the powers specified in the Inspector General Act of 1978. (Added as $ 140 by P.L. 99–433, $ 108, Oct. 1, 1986, 100 Stat. 998 (former $ 140 transferred to $ 127); redesignated § 141 P.L. 103–160, 901(a)(1), Nov. 30, 1993, 107 Stat. 1726 [former § 141 redesignated § 142].) $ 142. Assistant to the Secretary of Defense for Nuclear and

Chemical and Biological Defense Programs (a) There is an Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs, appointed by the President, by and with the advice and consent of the Senate. (b) The Assistant to the Secretary shall

(1) advise the Secretary of Defense on nuclear energy, nuclear weapons, and chemical and biological defense;

(2) serve as the Staff Director of the Nuclear Weapons Council established by section 179 of this title; and

(3) perform such additional duties as the Secretary may prescribe. (Added as $141 by P.L. 100–180, $ 1245(a)(1), Dec. 4, 1987, 101 Stat. 1165; redesignated $ 142 P.L. 103–160, $ 901(a)(1), Nov. 30, 1993, 107 Stat. 1726; amended P.L. 104-106, $ 904(a)(1), Feb. 10, 1996, 110 Stat. 403.) $ 143. Office of the Secretary of Defense personnel: limita

tion (a) PERMANENT LIMITATION ON OSD PERSONNEL.- The number of OSD personnel may not exceed 3,767.

(b) OSD PERSONNEL DEFINED.—For purposes of this section, the term “OSD personnel” means military and civilian personnel of the Department of Defense who are assigned to, or employed in, functions in the Office of the Secretary of Defense (including Direct Support Activities of that Office and the Washington Headquarters Services of the Department of Defense).

(c) LIMITATION ON REASSIGNMENT OF FUNCTIONS.-In carrying out reductions in the number of personnel assigned to, or employed in, the Office of the Secretary of Defense in order to comply with this section, the Secretary of Defense may not reassign functions solely in order to evade the requirements contained in this section. (Added P.L. 105–85, $911(d)(1), Nov. 18, 1997, 111 Stat. 1859; amended P.L. 106–65, $ 921(c), Oct. 5, 1999, 113 Stat. 723.)

CHAPTER 18 MILITARY SUPPORT FOR CIVILIAN LAW

ENFORCEMENT AGENCIES

Sec.

*

381.

Procurement by State and local governments of law enforcement equipment

suitable for counter-drug activities through the Department of Defense.

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$ 381. Procurement by State and local governments of law

enforcement equipment suitable for counter-drug

activities through the Department of Defense (a) PROCEDURES.-(1) The Secretary of Defense shall establish procedures in accordance with this subsection under which States and units of local government may purchase law enforcement equipment suitable for counter-drug activities through the Department of Defense. The procedures shall require the following:

(A) Each State desiring to participate in a procurement of equipment suitable for counter-drug activities through the Department of Defense shall submit to the Department, in such form and manner and at such times as the Secretary prescribes, the following:

(i) A request for law enforcement equipment.

(ii) Advance payment for such equipment, in an amount determined by the Secretary based on estimated or actual costs of the equipment and administrative costs incurred by the Department.

(B) A State may include in a request submitted under subparagraph (A) only the type of equipment listed in the catalog produced under subsection (c).

(C) A request for law enforcement equipment shall consist of an enumeration of the law enforcement equipment that is desired by the State and units of local government within the State. The Governor of a State may establish such procedures as the Governor considers appropriate for administering and coordinating requests for law enforcement equipment from units of local government within the State.

(D) A State requesting law enforcement equipment shall be responsible for arranging and paying for shipment of the equipment to the State and localities within the State.

(2) In establishing the procedures, the Secretary of Defense shall coordinate with the General Services Administration and other Federal agencies for purposes of avoiding duplication of effort.

(b) REIMBURSEMENT OF ADMINISTRATIVE COSTS. In the case of any purchase made by a State or unit of local government under the procedures established under subsection (a), the Secretary of Defense shall require the State or unit of local government to reimburse the Department of Defense for the administrative costs to the Department of such purchase.

(c) GSA CATALOG.–The Administrator of General Services, in coordination with the Secretary of Defense, shall produce and maintain a catalog of law enforcement equipment suitable for counter-drug activities for purchase by States and units of local government under the procedures established by the Secretary under this section. (d) DEFINITIONS.—In this section:

(1) The term "State" includes the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and any territory or possession of the United States.

(2) The term "unit of local government” means any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State; an Indian tribe which performs law enforcement functions as determined by the Secretary of the Interior; or any agency of the District of Columbia government or the United States Government performing law enforcement functions in and for the District of Columbia or the Trust Territory of the Pacific Islands.

(3) The term "law enforcement equipment suitable for counter-drug activities” has the meaning given such term in regulations prescribed by the Secretary of Defense. In prescribing the meaning of the term, the Secretary may not include any equipment that the Department of Defense does not

procure for its own purposes. (Added P.L. 103–160, $ 1122(a), Nov. 30, 1993, 107 Stat. 1754.)

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