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U.S. Code as of:
01/19/04
Section 2366. Major systems and munitions programs: survivability testing and lethality testing required before full-scale production
(a) Requirements. - (1) The Secretary of Defense shall provide
that -
(A) a covered system may not proceed beyond low-rate initial
production until realistic survivability testing of the system is
completed in accordance with this section and the report required
by subsection (d) with respect to that testing is submitted in
accordance with that subsection; and
(B) a major munition program or a missile program may not
proceed beyond low-rate initial production until realistic
lethality testing of the program is completed in accordance with
this section and the report required by subsection (d) with
respect to that testing is submitted in accordance with that
subsection.
(2) The Secretary of Defense shall provide that a covered product
improvement program may not proceed beyond low-rate initial
production until -
(A) in the case of a product improvement to a covered system,
realistic survivability testing is completed in accordance with
this section; and
(B) in the case of a product improvement to a major munitions
program or a missile program, realistic lethality testing is
completed in accordance with this section.
(b) Test Guidelines. - (1) Survivability and lethality tests
required under subsection (a) shall be carried out sufficiently
early in the development phase of the system or program (including
a covered product improvement program) to allow any design
deficiency demonstrated by the testing to be corrected in the
design of the system, munition, or missile (or in the product
modification or upgrade to the system, munition, or missile) before
proceeding beyond low-rate initial production.
(2) The costs of all tests required under that subsection shall
be paid from funds available for the system being tested.
(c) Waiver Authority. - (1) The Secretary of Defense may waive
the application of the survivability and lethality tests of this
section to a covered system, munitions program, missile program, or
covered product improvement program if the Secretary determines
that live-fire testing of such system or program would be
unreasonably expensive and impractical and submits a certification
of that determination to Congress -
(A) before Milestone B approval for the system or program; or
(B) in the case of a system or program initiated at -
(i) Milestone B, as soon as is practicable after the
Milestone B approval; or
(ii) Milestone C, as soon as is practicable after the
Milestone C approval.
(2) In the case of a covered system (or covered product
improvement program for a covered system), the Secretary may waive
the application of the survivability and lethality tests of this
section to such system or program and instead allow testing of the
system or program in combat by firing munitions likely to be
encountered in combat at components, subsystems, and subassemblies,
together with performing design analyses, modeling and simulation,
and analysis of combat data. Such alternative testing may not be
carried out in the case of any covered system (or covered product
improvement program for a covered system) unless the Secretary
certifies to Congress, before the system or program enters system
development and demonstration, that the survivability and lethality
testing of such system or program otherwise required by this
section would be unreasonably expensive and impracticable.
(3) The Secretary shall include with any certification under
paragraph (1) or (2) a report explaining how the Secretary plans to
evaluate the survivability or the lethality of the system or
program and assessing possible alternatives to realistic
survivability testing of the system or program.
(4) In time of war or mobilization, the President may suspend the
operation of any provision of this section.
(d) Reporting to Congress. - At the conclusion of survivability
or lethality testing under subsection (a), the Secretary of Defense
shall submit a report on the testing to the congressional defense
committees. Each such report shall describe the results of the
survivability or lethality testing and shall give the Secretary's
overall assessment of the testing.
(e) Definitions. - In this section:
(1) The term "covered system" means a vehicle, weapon platform,
or conventional weapon system -
(A) that includes features designed to provide some degree of
protection to users in combat; and
(B) that is a major system within the meaning of that term in
section 2302(5) of this title.
(2) The term "major munitions program" means -
(A) a munition program for which more than 1,000,000 rounds
are planned to be acquired; or
(B) a conventional munitions program that is a major system
within the meaning of that term in section 2302(5) of this
title.
(3) The term "realistic survivability testing" means, in the
case of a covered system (or a covered product improvement
program for a covered system), testing for vulnerability of the
system in combat by firing munitions likely to be encountered in
combat (or munitions with a capability similar to such munitions)
at the system configured for combat, with the primary emphasis on
testing vulnerability with respect to potential user casualties
and taking into equal consideration the susceptibility to attack
and combat performance of the system.
(4) The term "realistic lethality testing" means, in the case
of a major munitions program or a missile program (or a covered
product improvement program for such a program), testing for
lethality by firing the munition or missile concerned at
appropriate targets configured for combat.
(5) The term "configured for combat", with respect to a weapon
system, platform, or vehicle, means loaded or equipped with all
dangerous materials (including all flammables and explosives)
that would normally be on board in combat.
(6) The term "covered product improvement program" means a
program under which -
(A) a modification or upgrade will be made to a covered
system which (as determined by the Secretary of Defense) is
likely to affect significantly the survivability of such
system; or
(B) a modification or upgrade will be made to a major
munitions program or a missile program which (as determined by
the Secretary of Defense) is likely to affect significantly the
lethality of the munition or missile produced under the
program.
(7) The term "Milestone B approval" means a decision to enter
into system development and demonstration pursuant to guidance
prescribed by the Secretary of Defense for the management of
Department of Defense acquisition programs.
(8) The term "Milestone C approval" means a decision to enter
into production and deployment pursuant to guidance prescribed by
the Secretary of Defense for the management of Department of
Defense acquisition programs.
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