10 U.S.C. § 4173
10 U.S.C. § 4173
EDITORIAL NOTES
AMENDMENTS2021- Pub. L. 116-283, §1845(b), as amended by Pub. L. 117-81, §1701(u)(6)(B), renumbered section 196 of this title as this section.Subsec. (c)(1)(C). Pub. L. 116-283, §272(a)(1), inserted "quadrennial" before "strategic plan".Subsec. (d). Pub. L. 117-81, §1081(a)(5), substituted "National Defense Strategy," for "National Defense Strategy,,". Pub. L. 116-283, §272(a)(2), inserted "Quadrennial" before "Strategic Plan" in heading and "quadrennial" before "strategic plan" wherever appearing in text.Subsec. (d)(1). Pub. L. 116-283, §272(e), which directed substitution of "Test Resource Management Center" for "Test Resources Management Center" in subsec. (d)(1) "of such", was executed by making substitution to "such section", meaning subsec. (d)(1) of this section, to reflect the probable intent of Congress. Pub. L. 116-283, §272(b), substituted "four fiscal years, and within one year after release of the National Defense Strategy," for "two fiscal years" in first sentence.Subsec. (d)(2)(C). Pub. L. 116-283, §272(c), substituted "for test and evaluation of the Department of Defense major weapon systems based on current and emerging threats." for "based on current and emerging threats and satisfy such performance measures."Subsec. (d)(5). Pub. L. 116-283, §272(d), added par. (5).Subsec. (e)(2)(B). Pub. L. 116-283, §272(a)(1), inserted "quadrennial" before "strategic plan".2018-Subsec. (c)(1)(B). Pub. L. 115-232, §904, which directed substitution of "Under Secretary of Defense for Research and Engineering" for "Under Secretary of Defense for Acquisition, Technology, and Logistics", was executed by making the substitution for "Under Secretary of Acquisition, Technology, and Logistics" to reflect the probable intent of Congress.Subsec. (d)(1). Pub. L. 115-232, §221(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: "Not less often than once every two fiscal years, the Director, in coordination with the Director of Operational Test and Evaluation, the Secretaries of the military departments, and the heads of Defense Agencies with test and evaluation responsibilities, shall complete a strategic plan reflecting the needs of the Department of Defense with respect to test and evaluation facilities and resources, including modeling and simulation capabilities. Each such strategic plan shall cover the period of ten fiscal years beginning with the fiscal year in which the plan is submitted under paragraph (3). The strategic plan shall be based on a comprehensive review of the test and evaluation requirements of the Department and the adequacy of the test and evaluation facilities and resources of the Department to meet those requirements."Subsec. (d)(2)(C). Pub. L. 115-232, §221(2), substituted "needed to meet current and future requirements based on current and emerging threats" for "needed to meet such requirements".Subsec. (g). Pub. L. 115-232, §904, substituted "Under Secretary of Defense for Research and Engineering" for "Under Secretary of Defense for Acquisition, Technology, and Logistics".2017-Subsec. (d)(1). Pub. L. 115-91, §222(1), inserted ",including modeling and simulation capabilities" after "and resources" in the first sentence. Subsec. (e)(1). Pub. L. 115-91, §222(2), inserted ",including modeling and simulation activities," after "evaluation activities". 2016-Subsec. (b)(1). Pub. L. 114-328, §502(c), struck out second and third sentences which read as follows: "A commissioned officer serving as the Director, while so serving, holds the grade of lieutenant general or, in the case of an officer of the Navy, vice admiral. A civilian officer or employee serving as the Director, while so serving, has a pay level equivalent in grade to lieutenant general."Subsec. (c)(1)(A)(ii). Pub. L. 114-328, §1081(a)(3), substituted "section 139(j)" for "section 139(i)". 2014-Subsec. (c)(1)(B). Pub. L. 113-291, §214(a), inserted ",including with respect to the expansion, divestment, consolidation, or curtailment of activities," after "Base". Subsec. (d)(2)(E) to (G). Pub. L. 113-291, §214(b), added subpar. (E) and redesignated former subpars. (E) and (F) as (F) and (G), respectively.Subsec. (e)(1). Pub. L. 113-291, §214(c), inserted "and for the period covered by the future-years defense program submitted to Congress under section 221 of this title for that fiscal year" after "activities for a fiscal year".Subsecs. (f) to (i). Pub. L. 113-291, §214(d), added subsec. (f) and redesignated former subsecs. (f) to (h) as (g) to (i), respectively. 2009-Subsec. (c). Pub. L. 111-84 inserted par. (1) designation before "The Director", redesignated former par. (1) as subpar. (A) and former subpars. (A) and (B) as cl. (i) and (ii), respectively, of subpar. (A), added subpar. (B), redesignated former pars. (2) to (4) as subpars. (C) to (E), respectively, and added par. (2). 2006-Subsec. (b)(1). Pub. L. 109-163, §902(a), substituted "individuals who have substantial experience in the field of test and evaluation." for "commissioned officers of the armed forces on active duty or from among senior civilian officers and employees of the Department of Defense."Subsec. (b)(2). Pub. L. 109-163, §902(b), substituted "individuals" for "senior civilian officers and employees of the Department of Defense".Subsec. (h). Pub. L. 109-163, §258(a), substituted "Secretary of Defense" for "Director of Operational Test and Evaluation".2003-Subsec. (b)(1). Pub. L. 108-136, §212(a), substituted "on active duty or from among senior civilian officers and employees of the Department of Defense. A commissioned officer serving as the Director" for "on active duty. The Director" and inserted at end "A civilian officer or employee serving as the Director, while so serving, has a pay level equivalent in grade to lieutenant general."Subsec. (c)(1)(B). Pub. L. 108-136, §212(b)(1), inserted ",other than budgets and expenditures for activities described in section 139(i) of this title" after "Department of Defense".Subsec. (e)(1). Pub. L. 108-136, §212(b)(2), struck out ",the Director of Operational Test and Evaluation," after "each military department" and substituted "or Defense Agency head's" for ",Director's, or head's".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117-81 applicable as if included in the enactment of title XVIII of Pub. L. 116-283 as enacted, see section 1701(a)(2) of Pub. L. 117-81, set out in a note preceding section 3001 of this title and note below.Amendment by section 1845(b) of Pub. L. 116-283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116-283, set out as a note preceding section 3001 of this title.
TERMINATION OF REPORTING REQUIREMENTS For termination, effective Dec. 31, 2021, of provisions in subsecs. (d)(1), (4) and (e)(3) of this section requiring submittal of report to Congress, see section 1061 of Pub. L. 114-328, set out as a note under section 111 of this title.
PROTECTION OF MAJOR RANGE AND TEST FACILITY BASE Pub. L. 117-81, div. A, title XVI, §1686, Dec. 27, 2021, 135 Stat. 2126, provided that: "The Secretary of Defense may authorize, consistent with the authorities of the Secretary, such actions as are necessary to mitigate threats posed by space-based assets to the security or operation of the Major Range and Test Facility Base (as defined in section 196(i) of title 10, United States Code) [now 10 U.S.C. 4173(i)] ."
- Defense Agency
- The term "Defense Agency" means an organizational entity of the Department of Defense-(A) that is established by the Secretary of Defense under section 191 of this title (or under the second sentence of section 125(d) of this title (as in effect before October 1, 1986)) to perform a supply or service activity common to more than one military department (other than such an entity that is designated by the Secretary as a Department of Defense Field Activity); or(B) that is designated by the Secretary of Defense as a Defense Agency.
- Department of Defense Field Activity
- The term "Department of Defense Field Activity" means an organizational entity of the Department of Defense-(A) that is established by the Secretary of Defense under section 191 of this title (or under the second sentence of section 125(d) of this title (as in effect before October 1, 1986)) to perform a supply or service activity common to more than one military department; and(B) that is designated by the Secretary of Defense as a Department of Defense Field Activity.
- active duty
- The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
- armed forces
- The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
- commissioned officer
- The term "commissioned officer" includes a commissioned warrant officer.
- grade
- The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
- military departments
- The term "military departments" means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
- officer
- The term "officer" means a commissioned or warrant officer.
- pay
- The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.