10 U.S.C. § 2399 (ARMED FORCES)
[§ 2399. Renumbered § 4171]
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 2399, added Pub. L. 97–295, § 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to limitation on availability of appropriations to reimburse a contractor for the cost of commercial insurance, was repealed by Pub.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, § 1(f)(2)(B), July 19, 1988, 102 Stat. 846, and was restated in section 2324(e)(1)(L) of this title (now 10 U.S.C. 3744(a)(12)) by section 1(f)(2)(A) of Pub. L. 100–370.
heading: Statutory Notes and Related Subsidiaries
heading: Termination of Reporting Requirements
text: For termination, effective Dec. 31, 2021, of provisions in subsec. (g) of this section requiring submittal of annual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title.
heading: Enhancements to Transparency in Test and Evaluation Processes and Data
text: Pub. L. 115–91, div. A, title VIII, § 839, Dec. 12, 2017, 131 Stat. 1475, provided that:
“(a) Additional Test and Evaluation Duties of Military Secretaries and Defense Agency Heads.—
“(1) Report on comparison of operational test and evaluation results to legacy items or components.—
Concurrent with the submission of a report required under section 2399(b)(2) of title 10, United States Code [now 10 U.S.C. 4171(b)(2)], the Secretary of a military department or the head of a Defense Agency may provide to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] and the Secretary of Defense a report describing of the performance of the items or components evaluated as part of the operational test and evaluation for each major defense acquisition program conducted under such section by the Director of Operational Test and Evaluation in relation to comparable legacy items or components, if such items or components exist and relevant data are available without requiring additional testing.
“(2) Additional report on operational test and evaluation activities.—
Within 45 days after the submission of an annual report required by section 139(h) of title 10, United States Code, the Secretaries of the military departments may each submit to the congressional defense committees a report addressing any concerns related to information included in the annual report, or providing updated or additional information, as appropriate.
“(b) Requirements for Collection of Cost Data on Test and Evaluation.—
“(1) In general.—
Not later than one year after the date of the enactment of this Act [Dec. 12, 2017] and subject to paragraph (2), the Director of Operational Test and Evaluation, the senior official of the Department of Defense with responsibility for developmental testing, and the Director of the Test Resource Management Center shall jointly develop policies, procedures, guidance, and a method to collect data that ensures that consistent and high quality data are collected on the full range of estimated and actual developmental, live fire, and operational testing costs for major defense acquisition programs.
“(2) Concurrence and coordination required.—
Before implementing the policies, procedures, guidance, and method developed under paragraph (1), the Director of Operational Test and Evaluation, the senior official of the Department of Defense with responsibility for developmental testing, and the Director of the Test Resource Management Center shall—
“(A) obtain the concurrence of the Director for Cost Assessment and Program Evaluation; and
“(B) coordinate with the Secretaries of the military departments.
“(3) Data requirements.—
“(A) Electronic database.—
Data on estimated and actual developmental, live fire, and operational testing costs shall be maintained in an electronic database maintained by the Director for Cost Assessment and Program Evaluation or another appropriate official of the Department of Defense, and shall be made available for analysis by testing, acquisition, and other appropriate officials of the Department of Defense, as determined by the Director of Operational Test and Evaluation, the senior official of the Department of Defense with responsibility for developmental testing, or the Director of the Test Resource Management Center.
“(B) Diaggregation [sic] by costs.—
To the maximum extent practicable, data collected under this subsection shall be set forth separately by costs for developmental testing, operational testing, and training.
“(c) Major Defense Acquisition Program Defined.—
In this section, the term ‘major defense acquisition program’ has the meaning provided in section 2430 of title 10, United States Code [now 10 U.S.C. 4201].”
heading: Assessment of Risk in Concurrent Development of Major Defense Acquisition Systems
text: Pub. L. 101–189, div. A, title VIII, § 801, Nov. 29, 1989, 103 Stat. 1483, which related to the assessment of risk in concurrent development of major defense acquisition systems and establishment of guidelines, was repealed by Pub. L. 115–232, div. A, title VIII, § 812(b)(33), Aug. 13, 2018, 132 Stat. 1849.