Sec. 235. LIMITATION ON TRANSFER OF CERTAIN OPERATIONAL FLIGHT TEST EVENTS AND REDUCTIONS IN OPERATIONAL FLIGHT TEST CAPACITY

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## SEC. 235 LIMITATION ON TRANSFER OF CERTAIN OPERATIONAL FLIGHT TEST EVENTS AND REDUCTIONS IN OPERATIONAL FLIGHT TEST CAPACITY ###

(a)Limitation ####

(1)In general The Secretary of the Navy may not take any action described in paragraph

(2)until the date on which the Director of Operational Test and Evaluation, in consultation with the Secretary of the Navy, certifies to the congressional defense committees that the use of non-test designated units to conduct flight testing will not have any appreciable effect on— #####

(A)the cost or schedule of any naval aviation or naval aviation-related program; or #####

(B)the efficacy of test execution, analysis, and evaluation for any such program. ####

(2)Actions described The actions described in this paragraph are the following: #####

(A)The delegation of any operational flight test event to be conducted by a non-test designated unit. #####

(B)Any action that would reduce, below the levels authorized and in effect on October 1, 2020, any of the following: ######

(i)The aviation or aviation-related operational testing and evaluation capacity of the Department of the Navy. ######

(ii)The personnel billets assigned to support such capacity. ######

(iii)The aviation force structure, aviation inventory, or quantity of aircraft assigned to support such capacity, including rotorcraft and fixed-wing aircraft. ###

(b)Report Required Not later than September 1, 2022, the Director of Operational Test and Evaluation shall submit to the congressional defense committees a report that assesses each of the following as of the date of the report: ####

(1)The design and effectiveness of the testing and evaluation infrastructure and capacity of the Department of the Navy, including an assessment of whether such infrastructure and capacity is sufficient to carry out the acquisition and sustainment testing required for the aviation-related programs of the Department of Defense and the naval aviation-related programs of the Department of the Navy. ####

(2)The plans of the Secretary of the Navy to reduce the testing and evaluation capacity and infrastructure of the Navy with respect to naval aviation in fiscal year 2022 and subsequent fiscal years, as specified in the budget of the President submitted to Congress on May 28, 2021. ####

(3)The technical, fiscal, and programmatic issues and risks associated with the plans of the Secretary of the Navy to delegate and task non-test designated operational naval aviation units and organizations to efficiently and effectively execute, analyze, and evaluate testing and evaluation master plans for all aviation-related programs and projects of the Department of the Navy. ###

(c)Non-test Designated Unit Defined In this section, the term “non-test designated unit” means a naval aviation unit that does not have designated as its primary mission operational testing and evaluation in support of naval aviation or naval aviation-related projects and programs.