Page:United States Statutes at Large Volume 120.djvu/2163

 120 STAT. 2132

10 USC 139 note.

VerDate 14-DEC-2004

13:05 Jul 12, 2007

PUBLIC LAW 109–364—OCT. 17, 2006

‘‘(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; and

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