2015 US Code
Title 10 - Armed Forces (Sections 101 - 18506)
Subtitle A - General Military Law (Sections 101 - 2926)
Part I - Organization and General Military Powers (Sections 101 - 498)
Chapter 4 - Office of the Secretary of Defense (Sections 131 - 144)
Sec. 139b - Deputy Assistant Secretary of Defense for Developmental Test and Evaluation; Deputy Assistant Secretary of Defense for Systems Engineering: joint guidance

(a) Deputy Assistant Secretary of Defense for Developmental Test and Evaluation.—

(1) Appointment.—There is a Deputy Assistant Secretary of Defense for Developmental Test and Evaluation, who shall be appointed by the Secretary of Defense from among individuals with an expertise in test and evaluation.

(2) Principal advisor for developmental test and evaluation.—The Deputy Assistant Secretary shall be the principal advisor to the Secretary of Defense and the Under Secretary of Defense for Acquisition, Technology, and Logistics on developmental test and evaluation in the Department of Defense.

(3) Supervision.—The Deputy Assistant Secretary shall be subject to the supervision of the Under Secretary of Defense for Acquisition, Technology, and Logistics and shall report to the Under Secretary. The Deputy Assistant Secretary may communicate views on matters within the responsibility of the Deputy Assistant Secretary directly to the Under Secretary without obtaining the approval or concurrence of any other official within the Department of Defense.

(4) Coordination with deputy assistant secretary of defense for systems engineering.—The Deputy Assistant Secretary of Defense for Developmental Test and Evaluation shall closely coordinate with the Deputy Assistant Secretary of Defense for Systems Engineering to ensure that the developmental test and evaluation activities of the Department of Defense are fully integrated into and consistent with the systems engineering and development planning processes of the Department.

(5) Duties.—The Deputy Assistant Secretary shall—

(A) develop policies and guidance for—

(i) the conduct of developmental test and evaluation in the military departments and other elements of the Department of Defense (including integration and developmental testing of software);

(ii) in coordination with the Director of Operational Test and Evaluation, the integration of developmental test and evaluation with operational test and evaluation;

(iii) the conduct of developmental test and evaluation conducted jointly by more than one military department or Defense Agency;

(B) review the developmental test and evaluation plan within the test and evaluation master plan for each major defense acquisition program of the Department of Defense;

(C) monitor and review the developmental test and evaluation activities of the major defense acquisition programs (including the activities of chief developmental testers and lead developmental test evaluation organizations designated in accordance with subsection (c)) in order to advise relevant technical authorities for such programs on the incorporation of best practices for developmental test from across the Department;

(D) provide advocacy, oversight, and guidance to elements of the acquisition workforce responsible for developmental test and evaluation;

(E) periodically review the organizations and capabilities of the military departments with respect to developmental test and evaluation and identify needed changes or improvements to such organizations and capabilities, and provide input regarding needed changes or improvements for the test and evaluation strategic plan developed in accordance with section 196(d) of this title;

(F) in consultation with the Assistant Secretary of Defense for Research and Engineering, assess the technological maturity and integration risk of critical technologies at key stages in the acquisition process; and

(G) perform such other activities relating to the developmental test and evaluation activities of the Department of Defense as the Under Secretary of Defense for Acquisition, Technology, and Logistics may prescribe.

(6) Access to records.—The Secretary of Defense shall ensure that the Deputy Assistant Secretary has access to all records and data of the Department of Defense (including the records and data of each military department and including classified and proprietary information, as appropriate) that the Deputy Assistant Secretary considers necessary in order to carry out the Deputy Assistant Secretary's duties under this subsection.

(7) Concurrent service as director of department of defense test resources management center.—The individual serving as the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation shall also serve concurrently as the Director of the Department of Defense Test Resource Management Center under section 196 of this title.

(8) Resources.—

(A) The President shall include in the budget transmitted to Congress, pursuant to section 1105 of title 31, for each fiscal year, a separate statement of estimated expenditures and proposed appropriations for the fiscal year for the activities of the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation in carrying out the duties and responsibilities of the Deputy Assistant Secretary under this section.

(B) The Deputy Assistant Secretary of Defense for Developmental Test and Evaluation shall have sufficient professional staff of military and civilian personnel to enable the Deputy Assistant Secretary to carry out the duties and responsibilities prescribed by law.

(b) Deputy Assistant Secretary of Defense for Systems Engineering.—

(1) Appointment.—There is a Deputy Assistant Secretary of Defense for Systems Engineering, who shall be appointed by the Secretary of Defense from among individuals with an expertise in systems engineering and development planning.

(2) Principal advisor for systems engineering and development planning.—The Deputy Assistant Secretary shall be the principal advisor to the Secretary of Defense and the Under Secretary of Defense for Acquisition, Technology, and Logistics on systems engineering and development planning in the Department of Defense.

(3) Supervision.—The Deputy Assistant Secretary shall be subject to the supervision of the Under Secretary of Defense for Acquisition, Technology, and Logistics and shall report to the Under Secretary.

(4) Coordination with deputy assistant secretary of defense for developmental test and evaluation.—The Deputy Assistant Secretary of Defense for Systems Engineering shall closely coordinate with the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation to ensure that the developmental test and evaluation activities of the Department of Defense are fully integrated into and consistent with the systems engineering and development planning processes of the Department.

(5) Duties.—The Deputy Assistant Secretary shall—

(A) develop policies and guidance for—

(i) the use of systems engineering principles and best practices, generally;

(ii) the use of systems engineering approaches to enhance reliability, availability, and maintainability on major defense acquisition programs;

(iii) the development of systems engineering master plans for major defense acquisition programs including systems engineering considerations in support of lifecycle management and sustainability; and

(iv) the inclusion of provisions relating to systems engineering and reliability growth in requests for proposals;

(B) review the systems engineering master plan for each major defense acquisition program;

(C) monitor and review the systems engineering and development planning activities of the major defense acquisition programs in order to advise relevant technical authorities for such programs on the incorporation of best practices for systems engineering from across the Department;

(D) provide advocacy, oversight, and guidance to elements of the acquisition workforce responsible for systems engineering, development planning, and lifecycle management and sustainability functions;

(E) provide input on the inclusion of systems engineering requirements in the process for consideration of joint military requirements by the Joint Requirements Oversight Council pursuant to section 181 of this title, including specific input relating to each capabilities development document;

(F) periodically review the organizations and capabilities of the military departments with respect to systems engineering, development planning, and lifecycle management and sustainability, and identify needed changes or improvements to such organizations and capabilities; and

(G) perform such other activities relating to the systems engineering and development planning activities of the Department of Defense as the Under Secretary of Defense for Acquisition, Technology, and Logistics may prescribe.

(6) Access to records.—The Deputy Assistant Secretary shall have access to any records or data of the Department of Defense (including the records and data of each military department and including classified and proprietary information as appropriate) that the Deputy Assistant Secretary considers necessary to review in order to carry out the Deputy Assistant Secretary's duties under this subsection.

(c) Support of Mdaps by Chief Developmental Tester and Lead Developmental Test and Evaluation Organization.—

(1) Support.—The Secretary of Defense shall require that each major defense acquisition program be supported by—

(A) a chief developmental tester; and

(B) a governmental test agency, serving as lead developmental test and evaluation organization for the program.

(2) Responsibilities of chief developmental tester.—The chief developmental tester for a major defense acquisition program, consistent with policies and guidance issued pursuant to subsection (a)(5)(A), shall be responsible for—

(A) coordinating the planning, management, and oversight of all developmental test and evaluation activities for the program;

(B) maintaining insight into contractor activities under the program and overseeing the test and evaluation activities of other participating government activities under the program; and

(C) helping program managers make technically informed, objective judgments about contractor developmental test and evaluation results under the program.

(3) Responsibilities of lead developmental test and evaluation organization.—The lead developmental test and evaluation organization for a major defense acquisition program, consistent with policies and guidance issued pursuant to subsection (a)(5)(A), shall be responsible for—

(A) providing technical expertise on testing and evaluation issues to the chief developmental tester for the program;

(B) conducting developmental testing and evaluation activities for the program, as directed by the chief developmental tester; and

(C) assisting the chief developmental tester in providing oversight of contractors under the program and in reaching technically informed, objective judgments about contractor developmental test and evaluation results under the program.

(4) Transmittal of records and data.—The chief developmental tester and the lead developmental test and evaluation organization for a major defense acquisition program shall promptly transmit to the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation any records or data relating to the program that are requested by the Deputy Assistant Secretary, as provided in subsection (a)(6).

(d) Annual and Biennial Reports.—

(1) Annual report by deputy assistant secretary of defense for developmental test and evaluation.—Not later than March 31 of each year, the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation shall submit to the congressional defense committees a report on the activities undertaken pursuant to subsection (a) during the preceding year.

(2) Contents.—Each report submitted under paragraph (1) shall include a section on activities relating to the major defense acquisition programs which shall set forth, at a minimum, the following:

(A) A discussion of the extent to which the major defense acquisition programs are fulfilling the objectives of their developmental test and evaluation plans.

(B) A discussion of the waivers of and deviations from requirements in test and evaluation master plans and other testing requirements that occurred during the preceding year with respect to such programs, any concerns raised by such waivers or deviations, and the actions that have been taken or are planned to be taken to address such concerns.

(C) An assessment of the organization and capabilities of the Department of Defense for development planning and developmental test and evaluation with respect to such programs.

(D) a ¹ separate section that covers the activities of the Department of Defense Test Resource Management Center (established under section 196 of this title) during the preceding year; and ²

(E) a ¹ separate section that addresses the adequacy of the resources available to the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation and to the lead developmental test and evaluation organizations of the military departments to carry out the responsibilities prescribed by this section.

(F) Any comments on such report that the Secretary of Defense considers appropriate.

(e) Joint Guidance.—The Deputy Assistant Secretary of Defense for Developmental Test and Evaluation and the Deputy Assistant Secretary of Defense for Systems Engineering shall jointly, in coordination with the official designated by the Secretary of Defense under section 103 of the Weapon Systems Acquisition Reform Act of 2009,³ issue guidance on the following:

(1) The development and tracking of detailed measurable performance criteria as part of the systems engineering master plans and the developmental test and evaluation plans within the test and evaluation master plans of major defense acquisition programs.

(2) The use of developmental test and evaluation to measure the achievement of specific performance objectives within a systems engineering master plan.

(3) A system for storing and tracking information relating to the achievement of the performance criteria and objectives specified pursuant to this subsection.

(f) Major Defense Acquisition Program Defined.—In this section, the term "major defense acquisition program" has the meaning given that term in section 2430 of this title.

(Added Pub. L. 111–23, title I, §102(a)(1), May 22, 2009, 123 Stat. 1710, §139d; renumbered §139b and amended Pub. L. 111–383, div. A, title IX, §901(e), (f), (k)(1)(E), title X, §1075(b)(6), Jan. 7, 2011, 124 Stat. 4321, 4322, 4325, 4369; Pub. L. 112–81, div. A, title VIII, §835(b), Dec. 31, 2011, 125 Stat. 1507; Pub. L. 112–239, div. A, title IX, §904(a)–(d), (f), (g), title X, §1076(f)(5), Jan. 2, 2013, 126 Stat. 1866, 1867, 1952; Pub. L. 113–291, div. A, title II, §221(a), Dec. 19, 2014, 128 Stat. 3330; Pub. L. 114–92, div. A, title VIII, §832, title X, §1078(b), Nov. 25, 2015, 129 Stat. 913, 998.)

Section 103 of the Weapon Systems Acquisition Reform Act of 2009, referred to in subsec. (e), is section 103 of Pub. L. 111–23, which was redesignated as section 2438 of this title.

A prior section 139b was renumbered section 138c of this title.

Another prior section 139b was renumbered section 2433 of this title.

2015—Subsec. (a)(5)(B). Pub. L. 114–92, §832(1)(A), struck out "and approve or disapprove" after "review".

Subsec. (a)(5)(C). Pub. L. 114–92, §832(1)(B), inserted "in order to advise relevant technical authorities for such programs on the incorporation of best practices for developmental test from across the Department" after "in accordance with subsection (c))".

Subsec. (b)(5)(B). Pub. L. 114–92, §832(2)(A), struck out "and approve" after "review".

Subsec. (b)(5)(C). Pub. L. 114–92, §832(2)(B), inserted "in order to advise relevant technical authorities for such programs on the incorporation of best practices for systems engineering from across the Department" after "programs".

Subsec. (d)(2). Pub. L. 114–92, §1078(b)(1)–(3)(A), redesignated par. (3) as (2), struck out "or (2)" after "paragraph (1)" in introductory provisions, and struck out former par. (2) which related to biennial report by Deputy Assistant Secretary of Defense for Systems Engineering.

Subsec. (d)(2)(A). Pub. L. 114–92, §1078(b)(3)(B), struck out "systems engineering master plans and" before "developmental test".

Subsec. (d)(2)(B). Pub. L. 114–92, §1078(b)(3)(C), struck out ", systems engineering master plans," after "master plans".

Subsec. (d)(2)(C). Pub. L. 114–92, §1078(b)(3)(D), substituted "development planning" for "systems engineering, development planning,".

Subsec. (d)(2)(D), (E). Pub. L. 114–92, §1078(b)(4), transferred subpars. (A) and (B) of par. (4) to par. (2) and redesignated them as subpars. (D) and (E), respectively. Former subpar. (D) redesignated (F). Amendment was executed by transferring subpars. so as to appear before subpar. (F) as redesignated, to reflect the probable intent of Congress, notwithstanding directory language transferring them "to the end" of par. (2).

Subsec. (d)(2)(F). Pub. L. 114–92, §1078(b)(3)(E), redesignated subpar. (D) as (F).

Subsec. (d)(3). Pub. L. 114–92, §1078(b)(2), redesignated par. (3) as (2).

Subsec. (d)(4). Pub. L. 114–92, §1078(b)(4), (5), transferred subpars. (A) and (B) of par. (4) to par. (2) and redesignated them as subpars. (D) and (E), respectively, and struck out par. (4). After the transfer, text of par. (4) read as follows: "With respect to the report required under paragraph (1) by the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation, the report shall include—".

2014—Subsec. (d). Pub. L. 113–291 substituted "Annual and Biennial Reports" for "Annual Report" in heading, added pars. (1) and (2), redesignated former pars. (1) and (2) as (3) and (4), respectively, and, in par. (3), substituted "Contents.—Each report submitted under paragraph (1) or (2)" for "In general.—Not later than March 31 each year, beginning in 2010, the Deputy Assistant Secretary of Defense for Developmental Test and Evaluation and the Deputy Assistant Secretary of Defense for Systems Engineering shall each submit to the congressional defense committees a report on the activities undertaken pursuant to subsections (a) and (b) during the preceding year. Each report".

2013—Subsec. (a)(3). Pub. L. 112–239, §904(a), substituted "to the Under Secretary. The Deputy Assistant Secretary may communicate views on matters within the responsibility of the Deputy Assistant Secretary directly to the Under Secretary without obtaining the approval or concurrence of any other official within the Department of Defense" for "to the Under Secretary".

Subsec. (a)(5)(A)(i). Pub. L. 112–239, §904(b)(1), substituted "in the military departments and other elements of the Department of Defense" for "in the Department of Defense".

Subsec. (a)(5)(B). Pub. L. 112–239, §904(b)(2), substituted "review and approve or disapprove" for "review and approve".

Subsec. (a)(5)(C). Pub. L. 112–239, §904(b)(3), substituted "programs (including the activities of chief developmental testers and lead developmental test evaluation organizations designated in accordance with subsection (c))" for "programs".

Subsec. (a)(5)(F), (G). Pub. L. 112–239, §904(b)(4), (5), added subpar. (F) and redesignated former subpar. (F) as (G).

Subsec. (a)(6). Pub. L. 112–239, §1076(f)(5), which directed amendment of par. (6) by substituting "proprietary" for "propriety", could not be executed because the word "propriety" did not appear subsequent to amendment by Pub. L. 111–383, §1075(b)(6). See 2011 Amendment note below.

Subsec. (a)(7). Pub. L. 112–239, §904(c), substituted "shall" for "may".

Subsec. (a)(8). Pub. L. 112–239, §904(d), added par. (8).

Subsec. (c)(2), (3). Pub. L. 112–239, §904(f)(1), (2), substituted ", consistent with policies and guidance issued pursuant to subsection (a)(5)(A), shall be responsible for" for "shall be responsible for" in introductory provisions.

Subsec. (c)(4). Pub. L. 112–239, §904(f)(3), added par. (4).

Subsec. (d). Pub. L. 112–239, §904(g), struck out "Joint" before "Annual" in subsec. heading, designated existing introductory provisions as par. (1) and inserted heading, redesignated pars. (1) to (4) as subpars. (A) to (D), respectively, realigned margins of subpars. (A) to (D), substituted "each" for "jointly" in introductory provisions of par. (1), and added par. (2).

2011—Pub. L. 111–383, §901(k)(1)(E), substituted "Deputy Assistant Secretary of Defense for Developmental Test and Evaluation; Deputy Assistant Secretary of Defense for Systems Engineering: joint guidance" for "Director of Developmental Test and Evaluation; Director of Systems Engineering: joint guidance" in section catchline.

Pub. L. 111–383, §901(f), renumbered section 139d of this title as this section.

Pub. L. 111–383, §901(e)(1), (2), substituted "Deputy Assistant Secretary of Defense for Developmental Test and Evaluation" for "Director of Developmental Test and Evaluation" and "Deputy Assistant Secretary of Defense for Systems Engineering" for "Director of Systems Engineering" wherever appearing in text.

Subsec. (a). Pub. L. 111–383, §901(e)(3)(A), substituted "Deputy Assistant Secretary of Defense for Developmental Test and Evaluation" for "Director of Developmental Test and Evaluation" in heading.

Subsec. (a)(2), (3). Pub. L. 111–383, §901(e)(3)(B), substituted "Deputy Assistant Secretary" for "Director".

Subsec. (a)(4). Pub. L. 111–383, §901(e)(3)(C), substituted "Coordination with deputy assistant secretary of defense for systems engineering" for "Coordination with director of systems engineering" in heading.

Subsec. (a)(5). Pub. L. 111–383, §901(e)(3)(D), substituted "Deputy Assistant Secretary" for "Director" in introductory provisions.

Subsec. (a)(6). Pub. L. 111–383, §1075(b)(6), which directed amendment of section 139d of this title by substituting "proprietary" for "propriety" in subsec. (a)(6), was executed to this section, to reflect the probable intent of Congress and the renumbering of section 139d of this title as this section by Pub. L. 111–383, §901(f). See above.

Pub. L. 111–383, §901(e)(3)(B), (E), substituted "Deputy Assistant Secretary" for "Director" in two places and substituted "Deputy Assistant Secretary's" for "Director's".

Subsec. (b). Pub. L. 111–383, §901(e)(4)(A), substituted "Deputy Assistant Secretary of Defense for Systems Engineering" for "Director of Systems Engineering" in heading.

Subsec. (b)(2), (3). Pub. L. 111–383, §901(e)(4)(B), substituted "Deputy Assistant Secretary" for "Director".

Subsec. (b)(4). Pub. L. 111–383, §901(e)(4)(C), substituted "Coordination with deputy assistant secretary of defense for developmental test and evaluation" for "Coordination with director of developmental test and evaluation" in heading.

Subsec. (b)(5). Pub. L. 111–383, §901(e)(4)(B), substituted "Deputy Assistant Secretary" for "Director" in introductory provisions.

Subsec. (b)(6). Pub. L. 111–383, §901(e)(4)(B), (D), substituted "Deputy Assistant Secretary" for "Director" in two places and substituted "Deputy Assistant Secretary's" for "Director's".

Subsecs. (c) to (f). Pub. L. 112–81 added subsec. (c) and redesignated former subsecs. (c) to (e) as (d) to (f), respectively.

Pub. L. 113–291, div. A, title II, §221(b), Dec. 19, 2014, 128 Stat. 3330, provided that: "The amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [Dec. 19, 2014] and the first report submitted under paragraph (2) of section 139b(d) of such title, as added by subsection (a)(3), shall be submitted not later than March 31, 2015."

Amendment by Pub. L. 111–383 effective Jan. 1, 2011, see section 901(p) of Pub. L. 111–383, set out as a note under section 131 of this title.

¹ So in original. Probably should be capitalized.

² So in original. The "; and" probably should be a period.

³ See References in Text note below.