Notes on 10 U.S.C. § 2399 : US Code - Notes

Search Notes on 10 U.S.C. § 2399 : US Code - Notes

(Added Pub. L. 101-189, div. A, title VIII, Sec. 802(a)(1), Nov.
29, 1989, 103 Stat. 1484; amended Pub. L. 102-484, div. A, title
VIII, Sec. 819, Oct. 23, 1992, 106 Stat. 2458; Pub. L. 103-160,
div. A, title IX, Sec. 904(d)(1), Nov. 30, 1993, 107 Stat. 1728;
Pub. L. 103-337, div. A, title X, Sec. 1070(a)(11), (f), Oct. 5,
1994, 108 Stat. 2856, 2859; Pub. L. 104-106, div. A, title XV, Sec.
1502(a)(19), 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 X, Sec. 1048(b)(2), Dec. 28, 2001, 115 Stat.
1225; Pub. L. 107-314, div. A, title X, Sec. 1062(a)(9), Dec. 2,
2002, 116 Stat. 2650; Pub. L. 108-136, div. A, title X, Sec.
1043(b)(14), Nov. 24, 2003, 117 Stat. 1611; Pub. L. 109-364, div.
A, title II, Sec. 231(a), Oct. 17, 2006, 120 Stat. 2131.)
PRIOR PROVISIONS
A prior section 2399, added Pub. L. 97-295, Sec. 1(29)(A), Oct.
12, 1982, 96 Stat. 1293, which related to limitation on
availability of appropriations to reimburse a contractor for the
cost of commercial insurance, was repealed by Pub. L. 100-370, Sec.
1(f)(2)(B), July 19, 1988, 102 Stat. 846, and was restated in
section 2324(e)(1)(L) of this title by section 1(f)(2)(A) of Pub.
L. 100-370.
AMENDMENTS
2006 - Subsec. (b)(2). Pub. L. 109-364, Sec. 231(a)(1), amended
par. (2) generally. Prior to amendment, par. (2) read as follows:
"The Director shall analyze the results of the operational test and
evaluation conducted for each major defense acquisition program. At
the conclusion of such testing, the Director shall prepare a report
stating the opinion of the Director as to -
"(A) whether the test and evaluation performed were adequate;
and
"(B) whether the results of such test and evaluation confirm
that the items or components actually tested are effective and
suitable for combat."
Subsec. (b)(5), (6). Pub. L. 109-364, Sec. 231(a)(2), (3), added
par. (5) and redesignated former par. (5) as (6).
2003 - Subsec. (h). Pub. L. 108-136 substituted "Operational Test
and Evaluation Defined" for "Definitions" in heading, struck out
introductory provisions which read "In this section:", substituted
"In this section, the term" for "(1) The term", redesignated
subpars. (A) to (C) of former par. (1) as pars. (1) to (3),
respectively, realigned margins, and struck out former par. (2)
which defined "congressional defense committees" to mean the
Committees on Armed Services and Appropriations of the Senate and
the House of Representatives.
2002 - Subsec. (a)(2). Pub. L. 107-314 substituted "means a
conventional weapons system that" for "means" in introductory
provisions and struck out "a conventional weapons system that"
before "is a major system" in subpar. (A).
2001 - Subsec. (b)(3). Pub. L. 107-107 substituted "Under
Secretary of Defense for Acquisition, Technology, and Logistics"
for "Under Secretary of Defense for Acquisition and Technology".
1999 - Subsec. (h)(2)(B). Pub. L. 106-65 substituted "Committee
on Armed Services" for "Committee on National Security".
1996 - Subsec. (h)(2). Pub. L. 104-106 substituted "means - " and
subpars. (A) and (B) for "means the Committees on Armed Services
and the Committees on Appropriations of the Senate and House of
Representatives."
1994 - Subsecs. (b)(5), (c)(1). Pub. L. 103-337, Sec.
1070(a)(11)(A), substituted "139(a)(2)(B)" for "138(a)(2)(B)".
Subsec. (e)(3)(B). Pub. L. 103-337, Sec. 1070(f), substituted
"solely in testing for" for "solely as a representative of".
Subsec. (g). Pub. L. 103-337, Sec. 1070(a)(11)(B), substituted
"139" for "138".
Subsec. (h)(1). Pub. L. 103-337, Sec. 1070(a)(11)(C), substituted
"139(a)(2)(A)" for "138(a)(2)(A)".
1993 - Subsec. (b)(3). Pub. L. 103-160 substituted "Under
Secretary of Defense for Acquisition and Technology" for "Under
Secretary of Defense for Acquisition".
1992 - Subsec. (e)(3). Pub. L. 102-484 designated existing
provisions as subpar. (A) and added subpar. (B).
ASSESSMENT OF RISK IN CONCURRENT DEVELOPMENT OF MAJOR DEFENSE
ACQUISITION SYSTEMS
Pub. L. 101-189, div. A, title VIII, Sec. 801, Nov. 29, 1989, 103
Stat. 1483, provided that:
"(a) Establishment of Policy. - The Secretary of Defense shall
establish guidelines for -
"(1) determining the degree of concurrency that is appropriate
for the development of major defense acquisition systems; and
"(2) assessing the degree of risk associated with various
degrees of concurrency.
"(b) Report on Guidelines. - The Secretary shall submit to
Congress a report that describes the guidelines established under
subsection (a) and the method used for assessing risk associated
with concurrency.
"(c) Report on Concurrency in Major Acquisition Programs. - (1)
The Secretary shall also submit to Congress a report outlining the
risk associated with concurrency for each major defense acquisition
program that is in either full-scale development or low-rate
initial production as of January 1, 1990.
"(2) The report shall include consideration of the following
matters with respect to each such program:
"(A) The degree of confidence in the enemy threat assessment
for establishing the system's requirements.
"(B) The type of contract involved.
"(C) The degree of stability in program funding.
"(D) The level of maturity of technology involved in the
system.
"(E) The availability of adequate test assets, including
facilities and ranges.
"(F) The plans for transition from development to production.
"(d) Submission of Reports. - The reports under subsections (b)
and (c) shall be submitted to Congress not later than March 1,
1990.
"(e) Definition. - For purposes of this section, the term
'concurrency' means the degree of overlap between the development
and production processes of an acquisition program."