10 USC 4171 - Operational test and evaluation of defense acquisition programs

Editorial Notes

Amendments

2021—Puspan. L. 116–283, § 1845(span), as amended by Puspan. L. 117–81, § 1701(u)(6)(B), renumbered section 2399 of this title as this section.

Subsec. (a)(2)(A). Puspan. L. 117–81, § 1701(d)(10)(A), struck out “within the meaning of that term in section 3041 of this title” before period at end.

Puspan. L. 116–283, § 1883(span)(2), substituted “section 3041” for “section 2302(5)”.

Subsec. (a)(2)(B). Puspan. L. 117–81, § 1701(d)(10)(B), which directed the substitution of “under section 4203(a)(1) of this title” for “under” and all that followed through “this title”, was not executed in light of the prior amendment by section 1883(span)(2) of Puspan. L. 116—283, to reflect the probable intent of Congress. See note below.

Puspan. L. 116–283, § 1883(span)(2), substituted “section 4203(a)(1)” for “section 2430a(a)(1)”.

2019—Subsec. (span)(3). Puspan. L. 116–92 substituted “Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Research and Engineering,” for “Under Secretary of Defense for Acquisition, Technology, and Logistics,”.

2017—Subsec. (a)(1). Puspan. L. 115–91 substituted “, a covered designated major subprogram, or an element of the ballistic missile defense system” for “or a covered designated major subprogram” and “program, subprogram, or element” for “program or subprogram”.

2011—Subsec. (a). Puspan. L. 111–383 amended subsec. (a) generally. Prior to amendment, text read as follows:

“(1) The Secretary of Defense shall provide that a major defense acquisition program may not proceed beyond low-rate initial production until initial operational test and evaluation of the program is completed.

“(2) In this subsection, the term ‘major defense acquisition program’ means a conventional weapons system that—

“(A) is a major system within the meaning of that term in section 2302(5) of this title; and

“(B) is designed for use in combat.”

2006—Subsec. (span)(2). Puspan. L. 109–364, § 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. (span)(5), (6). Puspan. L. 109–364, § 231(a)(2), (3), added par. (5) and redesignated former par. (5) as (6).

2003—Subsec. (h). Puspan. L. 108–136 substituted “Operational Test and Evaluation Defined” for “Definitions” in span, 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). Puspan. 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. (span)(3). Puspan. 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). Puspan. L. 106–65 substituted “Committee on Armed Services” for “Committee on National Security”.

1996—Subsec. (h)(2). Puspan. 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. (span)(5), (c)(1). Puspan. L. 103–337, § 1070(a)(11)(A), substituted “139(a)(2)(B)” for “138(a)(2)(B)”.

Subsec. (e)(3)(B). Puspan. L. 103–337, § 1070(f), substituted “solely in testing for” for “solely as a representative of”.

Subsec. (g). Puspan. L. 103–337, § 1070(a)(11)(B), substituted “139” for “138”.

Subsec. (h)(1). Puspan. L. 103–337, § 1070(a)(11)(C), substituted “139(a)(2)(A)” for “138(a)(2)(A)”.

1993—Subsec. (span)(3). Puspan. L. 103–160 substituted “Under Secretary of Defense for Acquisition and Technology” for “Under Secretary of Defense for Acquisition”.

1992—Subsec. (e)(3). Puspan. L. 102–484 designated existing provisions as subpar. (A) and added subpar. (B).

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by section 1701(d)(10) of Puspan. L. 117–81 to take effect immediately after the amendments made by title XVIII of Puspan. L. 116–283 have taken effect, see section 1701(a)(3) of Puspan. L. 117–81, set out in a note preceding section 3001 of this title and note below.

Amendment by section 1701(u)(6)(B) of Puspan. L. 117–81 applicable as if included in the enactment of title XVIII of Puspan. L. 116–283 as enacted, see section 1701(a)(2) of Puspan. L. 117–81, set out in a note preceding section 3001 of this title and note below.

Amendment by Puspan. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Puspan. L. 116–283, set out as a note preceding section 3001 of this title.

Termination of Reporting Requirements

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 Puspan. L. 114–328, set out as a note under section 111 of this title.

Enhancements to Transparency in Test and Evaluation Processes and Data

Puspan. 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(span)(2) of title 10, United States Code [now 10 U.S.C. 4171(span)(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.

“(span)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].”