SURVIVABILITY AND LETHALITY TESTING OF MAJOR SYSTEMS

SEC. 802. SURVIVABILITY AND LETHALITY TESTING OF MAJOR SYSTEMS (a) Inclusion of Significant Product Improvement Programs.—(1) Subsection (a) of section 2366 of title 10, United States Code, is amended— (A) by inserting “(1)” after “REQUIREMENTS.”; (B) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; and (C) by adding at the end the following: “(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 101 STAT. 1124 “(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.” (2) Subsection (b)(1) of such section is amended— (1) by inserting “(including a covered product improvement program)” after “system or program”; and (2) by inserting “(or in the product modification or upgrade to the system, munition, or missile)” after “or missile”. (3) Subsection (c) of such section is amended by striking out “or missile program” and inserting in lieu thereof “missile program, or covered product improvement program”. (4) Subsection (e) of such section is amended— (A) by inserting “(or a covered product improvement program for a covered system)” in paragraph (4) after “in the case of a covered system”; (B) by inserting “(or a covered product improvement program for such a program)” in paragraph (5) after “missile program”; and (C) by adding at the end the following new paragraph: “(8) 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.” (b) Use of Contractor Personnel in Operational Test and Evaluation.—Subsection (b)(2) of such section is amended by adding at the end the following new sentence: “The limitation in the preceding sentence does not apply to the extent that the Secretary of Defense plans for persons employed by that contractor to be involved in the operation, maintenance, and support of the system being tested when the system is deployed in combat.” (c) Explanation for Waivers by Secretary of Defense.— Subsection (c) of such section is amended by adding at the end the following new sentence: “The Secretary shall include with any such certification 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.” (d) Reporting to Congress.—Such section is further amended— (1) by inserting “(1)” in subsection (c) before “The Secretary”; (2) by striking out “(d)” and all that follows through “In time of war” and inserting in lieu thereof “(2) In time of war”; and (3) by inserting before subsection (e) the following new subsection (d): “(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 defense committees of Congress (as defined in section 2362(e)(3) of this title).” (e) Definition of Realistic Survivability Testing.—Subsection (e)(4) of such section is amended— (1) by striking out “and survivability”; and 101 STAT. 1125 (2) by striking out “operational requirements” and inserting in lieu thereof “susceptibility to attack”.