Page:United States Statutes at Large Volume 100 Part 4.djvu/749

 PUBLIC LAW 99-591—OCT. 30, 1986

100 STAT. 3341-144

involved in the conduct of the operational test and evaluation required under subsection (a). "(3) The costs of all tests required under that subsection shall be paid from funds available for the system being tested. "(c) WAIVER AUTHORITY.—The Secretary of Defense may waive the application of the survivability and lethality tests of this section to a covered system, munitions program, or missile program if the Secretary, before the system or program enters full-scale engineering development, certifies to Congress that live-fire testing of such system or program would be unreasonably expensive and impractical. "(d) WAIVER IN TIME OF WAR OR MOBIUZATION.—In time of war or mobilization, the President may suspend the operation of any provision of this section. "(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 2303(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 'major defense acquisition program' means— "(A) a conventional weapons system that is a major system within the meaning of that term in section 2302(5) of this title; and "(B) is designed for use in combat. "(4) The term 'realistic survivability testing' means, in the case of a covered system, testing for vulnerability and survivability 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 operational requirements and combat performance of the system. "(5) The term 'realistic lethality testing' means, in the case of a major munitions program or a missile program, testing for lethality by firing the munition or missile concerned at appropriate targets configured for combat. "(6) The term 'configured for combat', with respect to a weapon system, platform, or vehicle, means loaded or equipped with all dangerous materisds (including all flammables and explosives) that would normsilly be on board in combat. '(7) The term 'operational test and evaluation' has the meaning given that term in section 138(a)(2)(A) of this title.". (2) The table of sections at the beginning of such chapter is amended by adding after the item relating to section 2365 (as added by section 909) the following new item: "2366. Major systems and munitions programs: survivability and lethality testing; operational testing.".

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