Sec. 836. ASSESSMENT OF RISK ASSOCIATED WITH DEVELOPMENT OF MAJOR WEAPON SYSTEMS TO BE PROCURED UNDER COOPERATIVE PROJECTS WITH FRIENDLY FOREIGN COUNTRIES

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## SEC. 836 ASSESSMENT OF RISK ASSOCIATED WITH DEVELOPMENT OF MAJOR WEAPON SYSTEMS TO BE PROCURED UNDER COOPERATIVE PROJECTS WITH FRIENDLY FOREIGN COUNTRIES **[**[22 U.S.C. 2767 note](/us/usc/t22/s2767)**]** ###

(a)Assessment of Risk Required ####

(1)In general Not later than two days after the President transmits a certification to Congress pursuant to section 27(f) of the Arms Export Control Act (22 U.S.C. 2767(f)) regarding a proposed cooperative project agreement that is expected to result in the award of a Department of Defense contract for the engineering and manufacturing development of a major weapon system, the Secretary of Defense shall submit to the Chairmen of the Committees on Armed Services of the Senate and the House of Representatives a report setting forth a risk assessment of the proposed cooperative project. ####

(2)Preparation The Secretary shall prepare each report required by paragraph

(1)in consultation with the Under Secretary of Defense for Acquisition, Technology, and Logistics, the Assistant Secretary of Defense for Research and Engineering, and the Director of Cost Assessment and Program Evaluation of the Department of Defense. 7Section 902(84) of division A of Public Law 116-92 provides: Section 836(a)(2) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1508; 22 U.S.C. 2767 note) is amended by striking “the Under Secretary of Defense for Acquisition, Technology, and Logistics, the Assistant Secretary of Defense for Research,” and inserting “the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Research and Engineering,”. Such amendment could not be carried out because the phrase proposed to be struck did not appear. It probably should have been to strike “the Under Secretary of Defense for Acquisition, Technology, and Logistics, the Assistant Secretary of Defense for Research and Engineering,” and insert the matter proposed to be added in the phrase above. ###

(b)Elements The risk assessment on a cooperative project under subsection

(a)shall include the following: ####

(1)An assessment of the design, technical, manufacturing, and integration risks associated with developing and procuring the weapon system to be procured under the cooperative project. ####

(2)A statement identifying any termination liability that would be incurred under the development contract to be entered into under subsection (a)(1), and a statement of the extent to which such termination liability would not be fully funded by appropriations available or sought in the fiscal year in which the agreement for the cooperative project is signed on behalf of the United States. ####

(3)An assessment of the advisability of incurring any unfunded termination liability identified under paragraph

(2)given the risks identified in the assessment under paragraph (1). ####

(4)A listing of which, if any, requirements associated with the oversight and management of a major defense acquisition program (as prescribed under Department of Defense Instruction 5000.02 or related authorities) will be waived, or in any way modified, in carrying out the development contract to be entered into under (a)(1), and a full explanation why such requirements need to be waived or modified. ###

(c)Definitions In this section: ####

(1)The term “engineering and manufacturing development” has the meaning given that term in Department of Defense Instruction 5000.02. ####

(2)The term “major weapon system” has the meaning given that term in section 101(a) of title 10, United States Code.

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