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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Public Law 108-136

House Conference Report 108-354

SEC. 845. ACCESS TO INFORMATION RELEVANT TO ITEMS DEPLOYED UNDER RAPID ACQUISITION AND DEPLOYMENT PROCEDURES.

Section 806(c) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat. 2607; 10 U.S.C. 2302 note) is amended by adding at the end the following new paragraph:

`(3) If items are deployed under the rapid acquisition and deployment procedures prescribed pursuant to this section, or under any other authority, before the completion of operational test and evaluation of the items, the Director of Operational Test and Evaluation shall have access to operational records and data relevant to such items in accordance with section 139(e)(3) of title 10, United States Code, for the purpose of completing operational test and evaluation of the items. The access to the operational records and data shall be provided in a time and manner determined by the Secretary of Defense consistent with requirements of operational security and other relevant operational requirements.'.

The House bill contained a provision (sec. 212) that would amend section 196(b)(1) of title 10, United States Code, to provide that, in addition to a commissioned officer of the armed forces serving on active duty, the Secretary of Defense may also consider for possible selection as Director of the Department of Defense Test Resource Center a senior civilian official or employee of the Department of Defense who has substantial experience in the field of test and evaluation.

The Senate amendment contained a similar provision (sec. 862). The Senate provision would also clarify that access to records and data by the Director of Operational Test and Evaluation (DOT&E) would include relevant operational records and data for systems that are deployed prior to the completion of the operational test and evaluation.

The House recedes with an amendment that would clarify DOT&E access to records and data on deployed systems. The balance of the issues addressed the House bill and the Senate bill are addressed elsewhere in this conference report.

Senate Report 108-046

The committee recommends a provision that would clarify certain provisions regarding operational test and evaluation in the Bob Stump National Defense Authorization Act for Fiscal Year 2003. First, the provision would authorize the Secretary of Defense to appoint a civilian, rather than a commissioned officer, as Director of the new Defense Test Resource Management Center (DTRMC). Second, the provision would clarify that the Director of Operational Test and Evaluation (DOT&E) would remain independent of the Under Secretary of Defense for Acquisition, Technology and Logistics, as provided in section 139 of title 10, United States Code, and that for this reason the DOT&E budget is not subject to review by the DTRMC. Third, the provision would clarify that DOT&E access to records and data would include relevant operational records and data for systems that are deployed prior to the completion of the operational test and evaluation. Access to such records and data, however, would be provided only in a time and manner provided by the Secretary of Defense and in accordance with operational security and other relevant operational requirements.