Sec. 904. ADDITIONAL RESPONSIBILITIES AND RESOURCES FOR DEPUTY ASSISTANT SECRETARY OF DEFENSE FOR DEVELOPMENTAL TEST AND EVALUATION
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## SEC. 904 ADDITIONAL RESPONSIBILITIES AND RESOURCES FOR DEPUTY ASSISTANT SECRETARY OF DEFENSE FOR DEVELOPMENTAL TEST AND EVALUATION ###
(a)Direct Communication Section 139b(a)(3) of title 10, United States Code, is amended by striking “to the Under Secretary” before the period and inserting “to the Under Secretary. The Deputy Assistant Secretary may communicate views on matters within the responsibility of the Deputy Assistant Secretary directly to the Under Secretary without obtaining the approval or concurrence of any other official within the Department of Defense”. ###
(b)Duties Section 139b(a)(5) of such title is amended— ####
(1)in subparagraph (A)(i), by striking “in the Department of Defense” and inserting “in the military departments and other elements of the Department of Defense”; ####
(2)in subparagraph (B), by striking “review and approve” and inserting “review and approve or disapprove”; ####
(3)in subparagraph (C), by striking “programs” and inserting “programs (including the activities of chief developmental testers and lead developmental test evaluation organizations designated in accordance with subsection (c))”; ####
(4)in subparagraph (E), by striking “and” after the semicolon at the end; and ####
(5)by redesignating subparagraph
(F)as subparagraph
(G)and by inserting after subparagraph
(E)the following new subparagraph (F): > > ##### “(F) > > in consultation with the Assistant Secretary of Defense for Research and Engineering, assess the technological maturity and integration risk of critical technologies at key stages in the acquisition process; and” > . ###
(c)Concurrent Service Section 139b(a)(7) of such title is amended by striking “may” and inserting “shall”. ###
(d)Resources Section 139b(a) of such title is amended by adding at the end the following new paragraph: > > #### “(8) Resources > > > ##### “(A) > > 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 the fiscal year for the activities of the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation in carrying out the duties and responsibilities of the Deputy Assistant Secretary under this section. > > > ##### “(B) > > The Deputy Assistant Secretary of Defense for Developmental Test and Evaluation shall have sufficient professional staff of military and civilian personnel to enable the Deputy Assistant Secretary to carry out the duties and responsibilities prescribed by law.” > . ###
(e)Consultations Relating to Technological Readiness ####
(1)Consultation on report on critical technologies Section 138b(b)(2) of such title is amended by striking “The Assistant Secretary shall submit” and inserting “The Assistant Secretary, in consultation with the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation, shall submit”. ####
(2)Consultation during certification process for major defense acquisition programs Section 2366b(a)(3)(D) of such title is amended by striking “the Assistant Secretary of Defense for Research and Engineering” and inserting “the Assistant Secretary of Defense for Research and Engineering, in consultation with the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation”. ###
(f)Duties of Chief Developmental Tester and Lead Developmental Test and Evaluation Organization Section 139b(c) of such title is amended— ####
(1)in paragraph (2), by striking “shall be responsible for” and inserting “, consistent with policies and guidance issued pursuant to subsection (a)(5)(A), shall be responsible for”; ####
(2)in paragraph (3), by striking “shall be responsible for” and inserting “, consistent with policies and guidance issued pursuant to subsection (a)(5)(A), shall be responsible for”; and ####
(3)by adding at the end the following new paragraph: > > #### “(4) Transmittal of records and data > > The chief developmental tester and the lead developmental test and evaluation organization for a major defense acquisition program shall promptly transmit to the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation any records or data relating to the program that are requested by the Deputy Assistant Secretary, as provided in subsection (a)(6).” > . ###
(g)Annual Report Section 139b(d) of such title is amended— ####
(1)in the subsection heading, by striking “Joint”; ####
(2)by redesignating paragraphs (1), (2), (3), and
(4)as subparagraphs (A), (B), (C), and (D), respectively, and moving each subparagraph (as so redesignated) two ems to the right; ####
(3)by striking “ Not later than March 31 ” and inserting: > > #### “(1) In general > > Not later than March 31” > ; ####
(4)in the matter appearing before subparagraph (A), as so redesignated, by striking “jointly” and inserting “each”; and ####
(5)by adding at the end the following new paragraph: > > #### “(2) Additional requirements for report by deputy assistant secretary of defense for developmental test and evaluation > > With respect to the report required under paragraph
(1)by the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation, the report shall include— > > > ##### “(A) > > a separate section that covers the activities of the Department of Defense Test Resource Management Center (established under section 196 of this title) during the preceding year; and > > > ##### “(B) > > a separate section that addresses the adequacy of the resources available to the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation and to the lead developmental test and evaluation organizations of the military departments to carry out the responsibilities prescribed by this section.” > . ###
(h)Reports to Congress on Failure To Comply With Recommendations **[**[10 U.S.C. 133 note](/us/usc/t10/s133)**]** ####
(1)Report required Not later than 60 days after the end of each fiscal year, from fiscal year 2013 through fiscal year 2018, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall submit to the congressional defense committees a report on each case in which a major defense acquisition program, in the preceding fiscal year— #####
(A)proceeded to implement a test and evaluation master plan notwithstanding a decision of the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation to disapprove the developmental test and evaluation plan within that plan in accordance with section 139b(a)(5)(B) of title 10, United States Code; or #####
(B)proceeded to initial operational testing and evaluation notwithstanding a determination by the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation on the basis of an assessment of operational test readiness that the program is not ready for operational testing. ####
(2)Matters covered #####
(A)For each program covered by paragraph (1)(A), the report shall include the following: ######
(i)A description of the specific aspects of the developmental test and evaluation plan that the Deputy Assistant Secretary determined to be inadequate. ######
(ii)An explanation of the reasons why the program disregarded the Deputy Assistant Secretary’s recommendations with regard to those aspects of the developmental test and evaluation plan. ######
(iii)The steps taken to address those aspects of the developmental test and evaluation plan and address the concerns of the Deputy Assistant Secretary. #####
(B)For each program covered by paragraph (1)(B), the report shall include the following: ######
(i)An explanation of the reasons why the program proceeded to initial operational testing and evaluation notwithstanding the findings of the assessment of operational test readiness. ######
(ii)A description of the aspects of the approved testing and evaluation master plan that had to be set aside to enable the program to proceed to initial operational testing and evaluation. ######
(iii)A description of how the program addressed the specific areas of concern raised in the assessment of operational test readiness. ######
(iv)A statement of whether initial operational testing and evaluation identified any significant shortcomings in the program. ####
(3)Additional congressional notification Not later than 30 days after any decision to conduct developmental testing on a major defense acquisition program without an approved test and evaluation master plan in place, the Under Secretary of Defense for Acquisition, Technology, and Logistics shall provide to the congressional defense committees a written explanation of the basis for the decision and a timeline for getting an approved plan in place.
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Sec. 904
ADDITIONAL RESPONSIBILITIES AND RESOURCES FOR DEPUTY ASSISTANT SECRETARY OF DEFENSE FOR DEVELOPMENTAL TEST AND EVALUATION
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