Pub. L. 103-355, tit. III, subtit. B, sec. 3014
SURVIVABILITY AND LETHALITY TESTING.
SEC. 3014. SURVIVABILITY AND LETHALITY TESTING. (a) In General.— Section 2366(c) of title 10, United States Code, is amended— (1) by redesignating paragraph (2) as paragraph (4); (2) by designating the second sentence of paragraph (1) as paragraph (3) and in that paragraph by striking out “such certification” and inserting in lieu thereof “certification under paragraph (1) or (2)”; and (3) by inserting before paragraph (3) (as so designated) the following new paragraph: “(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 engineering and manufacturing development, that the survivability and lethality testing of such system or program otherwise required by this section would be unreasonably expensive and impracticable.”. (b) Terminology Correction.— Section 2366(c)(1) of such title is amended by striking out “full-scale engineering development” in the first sentence and inserting in lieu thereof “engineering and manufacturing development”.