POLICIES AND PRACTICES ON TEST AND EVALUATION TO ADDRESS EMERGING ACQUISITION APPROACHES.

SEC. 231. POLICIES AND PRACTICES ON TEST AND EVALUATION TO ADDRESS EMERGING ACQUISITION APPROACHES.(a) Revision to Report Requirement.—Section 2399(b) of title 10, United States Code, is amended—(1) by amending paragraph (2) to read as follows:120 STAT. 2132 “(2) The Director shall analyze the results of the operational test and evaluation conducted for each major defense acquisition program. At the conclusion of such testing, the Director shall prepare a report stating—“(A) the opinion of the Director as to—“(i) whether the test and evaluation performed were adequate; and“(ii) whether the results of such test and evaluation confirm that the items or components actually tested are effective and suitable for combat; and“(B) additional information on the operational capabilities of the items or components that the Director considers appropriate based on the testing conducted.”;(2) by redesignating paragraph (5) as paragraph (6); and(3) by inserting after paragraph (4) the following:“(5) If, before a final decision described in paragraph (4) is made for a major defense acquisition program, a decision is made within the Department of Defense to proceed to operational use of that program or to make procurement funds available for that program, the Director shall submit to the Secretary of Defense and the congressional defense committees the report with respect to that program under paragraph (2) as soon as practicable after the decision described in this paragraph is made.”.(b) Review and Revision of Policies and Practices.—(1) Review.—During fiscal year 2007, the Under Secretary of Defense for Acquisition, Technology, and Logistics and the Director of Operational Test and Evaluation shall review Department of Defense policies and practices on test and evaluation in order to—(A) reaffirm the test and evaluation principles that should guide traditional acquisition programs; and(B) determine how best to apply appropriate test and evaluation principles to emerging acquisition approaches.(2) Revised guidance.—If the Under Secretary determines as a result of the review under paragraph (1) that a revision of the policies and practices referred to in that paragraph is necessary, the Under Secretary and the Director shall jointly issue new or revised guidance for the Department of Defense on test and evaluation to address that determination.(c) Issues To Be Addressed.—In carrying out subsection (b), the Under Secretary shall address policies and practices on test and evaluation in order to—(1) ensure the performance of test and evaluation activities with regard to—(A) items that are acquired pursuant to the authority for rapid acquisition and deployment of items in section 806 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (10 U.S.C. 2302 note);(B) programs that are conducted pursuant to the authority for spiral development in section 803 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2603; 10 U.S.C. 2430 note), or other authority for the conduct of incremental acquisition programs;(C) systems that are acquired pursuant to other emerging acquisition approaches, as approved by the Under Secretary; and120 STAT. 2133(D) equipment that is not subject to the operational test and evaluation requirements in sections 2366 and 2399 of title 10, United States Code, but that may require limited operational test and evaluation for the purpose of ensuring the safety and survivability of such equipment and personnel using such equipment; and(2) ensure the appropriate use, if any, of operational test and evaluation resources to assess technology readiness levels for the purpose of section 2366a of title 10, United States Code, and other applicable technology readiness requirements.(d) Inclusion of Testing Needs in Strategic Plan.—The Director, Test Resource Management Center, shall ensure that the strategic plan for Department of Defense test and evaluation resources developed pursuant to section 196 of title 10, United States Code—(1) reflects any testing needs of the Department of Defense that are identified as a result of activities under subsection (b); and(2) includes an assessment of the test and evaluation facilities, resources, and budgets that will be required to meet such needs.(e) Report to Congress.—Not later than nine months after the date of the enactment of this Act, the Under Secretary and the Director of Operational Test and Evaluation shall submit to the congressional defense committees a report on the review conducted under paragraph (1) of subsection (b), including any new or revised guidance issued pursuant to paragraph (2) of that subsection.(f) Clarification of Duties With Respect to Force Protection Equipment.—Section 139(b) of title 10, United States Code, is amended—(1) by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively; and(2) by inserting after paragraph (2) the following:“(3) provide guidance to and consult with the officials described in paragraph (2) with respect to operational test and evaluation or survivability testing (or both) within the Department of Defense of force protection equipment (including non-lethal weapons), which, in such a case—“(A) shall be guidance and consultation for the purposes of—“(i) expediting suitable operational test and evaluation;“(ii) providing objective subject-matter expertise;“(iii) encouraging data sharing between Department of Defense components; and“(iv) where appropriate, facilitating the use of common test standards; and“(B) does not authorize the Director—“(i) to approve test and evaluation plans for such equipment; or“(ii) to in any manner delay deployment of such equipment;”.120 STAT. 2134