Page:United States Statutes at Large Volume 101 Part 2.djvu/138

 101 STAT. 1124

PUBLIC LAW 100-180—DEC. 4, 1987

"(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)(l) 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) U S E 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.". Reports.

(c) EXPLANATION FOR W A IV E R S

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 tx) 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

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