; and (3) by adding at the end of subsection (h)(4) the following: The report shall also include a brief statement of the rationale for placing on the oversight list of the Director each program that is not a major defense acquisition program for the purposes of section 2430 of this title but has been designated as a major defense acquisition program for the purposes of this section. . (b) Consideration of legacy items or components in operational test and evaluation reports Section 2399(b)(2) of title 10, United States Code, is amended— (1) by striking and at the end of subparagraph (A)(ii); (2) by redesignating subparagraph (B) as subparagraph (C); and (3) by inserting after subparagraph (A) the following new subparagraph: (B) a description of the performance of the items or components tested in relation to comparable legacy items or components, if such items or components exist and relevant data are available without requiring additional testing; and . (c) Opportunity for military department comments on annual report on operational test and evaluation Section 139(h) of title 10, United States Code, is amended— (1) by redesignating paragraph (5) as paragraph (6), and in that paragraph by striking and the Secretaries of the military departments