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TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle E--Other Matters

P. L. 111-

House Conference Report 111-288

    (a) Authority To Review Proposals for Significant Changes.--Section 196(c) of title 10, United States Code, is amended--

    (1) in paragraph (1), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively;

    (2) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively;

    (3) by inserting ``(1)'' before ``The Director'';

    (4) by redesignating subparagraphs (B), (C), and (D), as so redesignated, as subparagraphs (C), (D), and (E), respectively; and

    (5) by inserting after subparagraph (A), as so redesignated, the following new subparagraph (B):

    ``(B) To review proposed significant changes to the test and evaluation facilities and resources of the Major Range and Test Facility Base before they are implemented by the Secretaries of the military departments or the heads of the Defense Agencies with test and evaluation responsibilities and advise the Secretary of Defense and the Under Secretary of Acquisition, Technology, and Logistics of the impact of such changes on the adequacy of such test and evaluation facilities and resources to meet the test and evaluation requirements of the Department.''.

    (b) Access to Records and Data.--Such section is further amended by adding at the end the following new paragraph:

    ``(2) The Director shall have access to such records and data of the Department of Defense (including the appropriate records and data of each military department and Defense Agency) that are necessary in order to carry out the duties of the Director under this section.''.

   The House bill contained a provision (sec. 241) that would authorize the Director of the Test Resource Management Center (TRMC) to have access to all of the data and records he or she needs to make recommendations to the Under Secretary of Defense for Acquisition, Technology, and Logistics (USD(AT&L)) on test resource issues.

   The Senate amendment contained a provision (sec. 212) that would similarly authorize access to data and records, as well as authorizing the Director, TRMC to review changes to major test range funding before those changes are implemented.

   The House recedes with a clarifying amendment.

   The conferees note that the intent of this provision is to facilitate the Director, TRMC's ability to conduct appropriate oversight and analysis of changes to the Major Range and Test Facility Base (MTRFB) made outside the existing budget review mechanisms, and to enhance the Director's access to information. It is not the conferees intent to create a new administrative function so onerous that it detracts from the ability of the service testing organizations to accomplish their designated missions. The conferees' intent is to authorize the Director, TRMC to review and advise the USD(AT&L) on changes to test facilities and resources that would result in the inability to adequately test critical defense systems, or that would place an undue burden on programs or other elements of the MRTFB. The provision is not intended to convey new authority to the Director, TRMC to unilaterally restrict service or agency efforts to execute improvements or upgrades, or to improve operational efficiency.

   Therefore, the conferees direct that the USD(AT&L) work in conjunction with the Director, TRMC and appropriate service and agency organizations to establish procedures under which the review processes and access to records and data authorized by this provision are not overly intrusive and do not place an undue burden, in terms of workload or funding, on service and agency personnel and resources.

House Report 111-166 - NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2010

SECTION 241--ACCESS OF THE DIRECTOR OF THE TEST RESOURCE MANAGEMENT CENTER TO DEPARTMENT OF DEFENSE INFORMATION

This section would grant the Director, Test Resource Management Center (TRMC) the same authority to military service department information that current law provides the Director, Operational Test and Evaluation. The purpose of this new authority would be to ensure that the Director, TRMC has access to all the information he needs to carry out his duties to certify service budgets and provide recommendations to the Secretary of Defense regarding Department of Defense test and evaluation infrastructure.

Senate Report 111-035 - NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2010

The committee recommends a provision that would amend the authority of the Director of the Department of Defense Test Resource Management Center to review changes to major test range funding before changes are implemented. The committee established the Test Resource Management Center in order to ensure that the Department is adequately investing in the test capabilities it requires to develop and deploy needed defense systems to meet current and emerging operational needs. The provision would allow the Director to review changes to test resource funding that occur outside the traditional planning, programming, and budgeting process, as well as to ensure that the Director has access to all the information he or she needs to make recommendations to the Undersecretary of Defense for Acquisition, Technology, and Logistics on test resource issues.