Notes on 10 U.S.C. § 2366 : US Code - Notes

Search Notes on 10 U.S.C. § 2366 : US Code - Notes

(Added Pub. L. 99-500, Sec. 101(c) [title X, Sec. 910(a)(1)], Oct.
18, 1986, 100 Stat. 1783-82, 1783-143, and Pub. L. 99-591, Sec.
101(c) [title X, Sec. 910(a)(1)], Oct. 30, 1986, 100 Stat. 3341-82,
3341-143; Pub. L. 99-661, div. A, title IX, formerly title IV, Sec.
910(a)(1), Nov. 14, 1986, 100 Stat. 3923, renumbered title IX, Pub.
L. 100-26, Sec. 3(5), Apr. 21, 1987, 101 Stat. 273; amended Pub. L.
100-180, div. A, title VIII, Sec. 802, title XII, Sec. 1231(11),
Dec. 4, 1987, 101 Stat. 1123, 1160; Pub. L. 100-456, div. A, title
XII, Sec. 1233(l)(3), Sept. 29, 1988, 102 Stat. 2058; Pub. L. 101-
189, div. A, title VIII, Secs. 802(c)(1)-(4)(A), 804, Nov. 29,
1989, 103 Stat. 1486, 1488; Pub. L. 101-510, div. A, title XIV,
Sec. 1484(h)(7), Nov. 5, 1990, 104 Stat. 1718; Pub. L. 103-160,
div. A, title VIII, Sec. 828(d)(2), Nov. 30, 1993, 107 Stat. 1715;
Pub. L. 103-355, title III, Sec. 3014, Oct. 13, 1994, 108 Stat.
3332; Pub. L. 104-106, div. A, title XV, Sec. 1502(a)(18), Feb. 10,
1996, 110 Stat. 504; Pub. L. 106-65, div. A, title X, Sec. 1067(1),
Oct. 5, 1999, 113 Stat. 774; Pub. L. 107-107, div. A, title VIII,
Sec. 821(a), Dec. 28, 2001, 115 Stat. 1181; Pub. L. 107-314, div.
A, title VIII, Sec. 818, Dec. 2, 2002, 116 Stat. 2611; Pub. L. 108-
136, div. A, title X, Sec. 1043(b)(13), Nov. 24, 2003, 117 Stat.
1611.)
CODIFICATION
Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
Pub. L. 99-500, Pub. L. 99-591, and Pub. L. 99-661 added
identical sections.
AMENDMENTS
2003 - Subsec. (e)(7) to (9). Pub. L. 108-136 redesignated pars.
(8) and (9) as (7) and (8), respectively, and struck out former
par. (7) which read as follows: "The term 'congressional defense
committees' means -
"(A) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
"(B) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives."
2002 - Subsec. (c)(1). Pub. L. 107-314, Sec. 818(a), amended par.
(1) generally. Prior to amendment par. (1) read as follows: "The
Secretary of Defense may waive the application of the survivability
and lethality tests of this section to a covered system, munitions
program, missile program, or covered product improvement program if
the Secretary, before the system or program enters system
development and demonstration, certifies to Congress that live-fire
testing of such system or program would be unreasonably expensive
and impractical."
Subsec. (e)(8), (9). Pub. L. 107-314, Sec. 818(b), added pars.
(8) and (9).
2001 - Subsec. (c)(1), (2). Pub. L. 107-107 substituted "system
development and demonstration" for "engineering and manufacturing
development".
1999 - Subsec. (e)(7)(B). Pub. L. 106-65 substituted "Committee
on Armed Services" for "Committee on National Security".
1996 - Subsec. (d). Pub. L. 104-106, Sec. 1502(a)(18)(A),
substituted "the congressional defense committees" for "the
Committees on Armed Services and on Appropriations of the Senate
and House of Representatives".
Subsec. (e)(7). Pub. L. 104-106, Sec. 1502(a)(18)(B), added par.
(7).
1994 - Subsec. (c)(1). Pub. L. 103-355, Sec. 3014(a)(2), (b),
substituted "engineering and manufacturing development" for "full-
scale engineering development" in first sentence and redesignated
second sentence as par. (3).
Subsec. (c)(2). Pub. L. 103-355, Sec. 3014(a)(1), (3), added par.
(2) and redesignated former par. (2) as (4).
Subsec. (c)(3). Pub. L. 103-355, Sec. 3014(a)(2), redesignated
second sentence of par. (1) as par. (3) and substituted
"certification under paragraph (1) or (2)" for "such
certification".
Subsec. (c)(4). Pub. L. 103-355, Sec. 3014(a)(1), redesignated
par. (2) as (4).
1993 - Subsec. (d). Pub. L. 103-160 substituted "to the
Committees on Armed Services and on Appropriations of the Senate
and House of Representatives" for "to the defense committees of
Congress (as defined in section 2362(e)(3) of this title)".
1990 - Subsec. (a)(1)(A), (B). Pub. L. 101-510 made technical
correction to directory language of Pub. L. 101-189, Sec. 804(a),
see 1989 Amendment note below.
1989 - Pub. L. 101-189, Sec. 802(c)(4)(A), substituted "testing
and lethality testing required before full-scale production" for
"and lethality testing; operational testing" in section catchline.
Subsec. (a)(1)(A). Pub. L. 101-189, Secs. 802(c)(1)(A), 804(a),
as amended by Pub. L. 101-510, substituted "this section and the
report required by subsection (d) with respect to that testing is
submitted in accordance with that subsection; and" for "this
section;".
Subsec. (a)(1)(B). Pub. L. 101-189, Secs. 802(c)(1)(B), 804(a),
as amended by Pub. L. 101-510, substituted "this section and the
report required by subsection (d) with respect to that testing is
submitted in accordance with that subsection." for "this section;
and".
Subsec. (a)(1)(C). Pub. L. 101-189, Sec. 802(c)(1)(C), struck out
subpar. (C) which read as follows: "a major defense acquisition
program may not proceed beyond low-rate initial production until
initial operational test and evaluation of the program is completed
in accordance with this section."
Subsec. (b)(2), (3). Pub. L. 101-189, Sec. 802(c)(2),
redesignated par. (3) as (2) and struck out former par. (2) which
read as follows: "In the case of a major defense acquisition
program, no person employed by the contractor for the system being
tested may be involved in the conduct of the operational test and
evaluation required under subsection (a). The limitation in the
preceding sentence does not apply to the extent that the Secretary
of Defense plans for persons employed by that contractor to be
involved in the operation, maintenance, and support of the system
being tested when the system is deployed in combat."
Subsec. (d). Pub. L. 101-189, Sec. 804(b), inserted at end "Each
such report shall describe the results of the survivability or
lethality testing and shall give the Secretary's overall assessment
of the testing."
Subsec. (e)(3) to (8). Pub. L. 101-189, Sec. 802(c)(3),
redesignated pars. (4), (5), (6), and (8) as (3), (4), (5), and
(6), respectively, and struck out former par. (3) which defined
"major defense acquisition program" and former par. (7) which
defined "operational test and evaluation".
1988 - Subsec. (a)(2). Pub. L. 100-456 made technical correction
to directory language of Pub. L. 100-180, Sec. 802(a)(1)(C). See
1987 Amendment note below.
1987 - Subsec. (a). Pub. L. 100-180, Sec. 802(a)(1), as amended
by Pub. L. 100-456, designated existing provisions as par. (1),
redesignated former pars. (1) to (3) as subpars. (A) to (C), and
added par. (2).
Subsec. (b)(1). Pub. L. 100-180, Sec. 802(a)(2), inserted
"(including a covered product improvement program)" after "system
or program" and "(or in the product modification or upgrade to the
system, munition, or missile)" after "or missile".
Subsec. (b)(2). Pub. L. 100-180, Sec. 802(b), inserted at end
"The limitation in the preceding sentence does not apply to the
extent that the Secretary of Defense plans for persons employed by
that contractor to be involved in the operation, maintenance, and
support of the system being tested when the system is deployed in
combat."
Subsec. (c). Pub. L. 100-180, Sec. 802(a)(3), (c), (d)(1),
designated existing provisions as par. (1), substituted "missile
program, or covered product improvement program" for "or missile
program", and inserted at end "The Secretary shall include with any
such certification a report explaining how the Secretary plans to
evaluate the survivability or the lethality of the system or
program and assessing possible alternatives to realistic
survivability testing of the system or program."
Pub. L. 100-180, Sec. 802(d)(2), designated existing provisions
of former subsec. (d) as par. (2) of subsec. (c) and struck out
heading of former subsec. (d) "Waiver in time of war or
mobilization".
Subsec. (d). Pub. L. 100-180, Sec. 802(d)(3), added subsec. (d).
Former subsec. (d) redesignated subsec. (c)(2).
Subsec. (e)(1)(B). Pub. L. 100-180, Sec. 1231(11), substituted
"section 2302(5)" for "section 2303(5)".
Subsec. (e)(4). Pub. L. 100-180, Sec. 802(a)(4)(A), (e), inserted
"(or a covered product improvement program for a covered system)"
after "covered system", struck out "and survivability" after "for
vulnerability", and substituted "susceptibility to attack" for
"operational requirements".
Subsec. (e)(5). Pub. L. 100-180, Sec. 802(a)(4)(B), inserted "(or
a covered product improvement program for such a program)" after
"missile program".
Subsec. (e)(8). Pub. L. 100-180, Sec. 802(a)(4)(C), added par.
(8).
EFFECTIVE DATE OF 1988 AMENDMENT
Section 1233(l)(5) of Pub. L. 100-456 provided that: "The
amendments made by this subsection [amending this section and
sections 2435 and 8855 of this title and section 301c of Title 37,
Pay and Allowances of the Uniformed Services] shall apply as if
included in the enactment of Public Law 100-180."
EFFECTIVE DATE
Section 101(c) [title X, Sec. 910(b)] of Pub. L. 99-500 and Pub.
L. 99-591, and section 910(b) of title IX, formerly title IV, of
Pub. L. 99-661, renumbered title IX, Pub. L. 100-26, Sec. 3(5),
Apr. 21, 1987, 101 Stat. 273, provided that: "Section 2366 of title
10, United States Code (as added by subsection (a)), shall apply
with respect to any decision to proceed with a program beyond low-
rate initial production that is made -
"(1) after May 31, 1987, in the case of a decision referred to
in subsection (a)(1) or (a)(2) of such section; or
"(2) after the date of the enactment of this Act [Oct. 18,
1986], in the case of a decision referred to in subsection (a)(3)
of such section."