PUBLIC LAW 109–364—OCT. 17, 2006
120 STAT. 2133
(D) equipment that is not subject to the operational test and evaluation requirements in sections 2366 and 2399 of title 10, United States Code, but that may require limited operational test and evaluation for the purpose of ensuring the safety and survivability of such equipment and personnel using such equipment; and (2) ensure the appropriate use, if any, of operational test and evaluation resources to assess technology readiness levels for the purpose of section 2366a of title 10, United States Code, and other applicable technology readiness requirements. (d) INCLUSION OF TESTING NEEDS IN STRATEGIC PLAN.—The Director, Test Resource Management Center, shall ensure that the strategic plan for Department of Defense test and evaluation resources developed pursuant to section 196 of title 10, United States Code— (1) reflects any testing needs of the Department of Defense that are identified as a result of activities under subsection (b); and (2) includes an assessment of the test and evaluation facilities, resources, and budgets that will be required to meet such needs. (e) REPORT TO CONGRESS.—Not later than nine months after the date of the enactment of this Act, the Under Secretary and the Director of Operational Test and Evaluation shall submit to the congressional defense committees a report on the review conducted under paragraph (1) of subsection (b), including any new or revised guidance issued pursuant to paragraph (2) of that subsection. (f) CLARIFICATION OF DUTIES WITH RESPECT TO FORCE PROTECTION EQUIPMENT.—Section 139(b) of title 10, United States Code, is amended— (1) by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively; and (2) by inserting after paragraph (2) the following: ‘‘(3) provide guidance to and consult with the officials described in paragraph (2) with respect to operational test and evaluation or survivability testing (or both) within the Department of Defense of force protection equipment (including non-lethal weapons), which, in such a case— ‘‘(A) shall be guidance and consultation for the purposes of— ‘‘(i) expediting suitable operational test and evaluation; ‘‘(ii) providing objective subject-matter expertise; ‘‘(iii) encouraging data sharing between Department of Defense components; and ‘‘(iv) where appropriate, facilitating the use of common test standards; and ‘‘(B) does not authorize the Director— ‘‘(i) to approve test and evaluation plans for such equipment; or ‘‘(ii) to in any manner delay deployment of such equipment;’’.
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