Page:United States Statutes at Large Volume 100 Part 5.djvu/449

 PUBLIC LAW 99-661—NOV. 14, 1986

100 STAT. 3923

"2365. Competitive prototype strategy requirement: major defense acquisition programs.".

(b) EFFECTIVE DATE.—Section 2365 of title 10, United States Code 10 USC 2365 (as added by subsection (a)(1)), shall apply to major weapons systems note, (as defined in subsection (c)(1) of such section) that enter the advanced development stage after September 30, 1986. SEC. 910. TESTING OF CERTAIN WEAPON SYSTEMS AND MUNITIONS (a) SURVIVABILITY AND LETHALITY TESTING AND OPERATIONAL TEST-

ING.—(1) Chapter 139 of title 10, United States Code, is amended by adding after section 2365 (as added by section 909) the following new section: "§ 2366. Major systems and munitions programs: survivability and 10 USC 2366. lethality testing; operational testing "(a) REQUIREMENTS.—The Secretary of Defense shall provide that' l l) 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; "(2) 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 "(3) a major defense acquisition program may not proceed beyond low-rate initial production until initial operational test and evaluation of the program 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 to allow any j,; design deficiency demonstrated by the testing to be corrected in the design of the system, munition, or missile before proceeding beyond low-rate initial production. "(2) In the case of a major defense acquisition program, no person employed by the contractor for the system being tested may be 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 ^ '_J; 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 MOBILIZATION.—In time of war or President of U.S. mobilization, the President may suspend the operation of any provision of this section. .qii'i "(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.

�