APPENDIXES



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typesetting files. Page breaks are true to the original; line lengths, word breaks, heading styles, and other typesetting-specific formatting, however, cannot be retained, About this PDF file: This new digital representation of the original work has been recomposed from XML files created from the original paper book, not from the original and some typographic errors may have been accidentally inserted. Please use the print version of this publication as the authoritative version for attribution. The Live Fire Test Legislation A FY87 DoD Authorization Act development phase of the system or program to allow any SEC. 910. TESTING OF CERTAIN WEAPON SYSTEMS design deficiency demonstrated by the testing to be AND MUNITIONS corrected in the design of the system, munition, or missile (a) Survivability and Lethality Testing and Operational before proceeding beyond low-rate initial production. Testing. “(2) In the case of a major defense acquisition program, —(1) Chapter 139 of title 10, United States Code, is no person employed by the contractor for the system being amended by adding after section 2365 (as added by section tested may be involved in the conduct of the operational 909) the following new section: test and evaluation required under subsection (a). 2366. Major systems and munitions programs: “(3) The costs of all tests required under that survivability and lethality testing; operational testing subsection shall be paid from funds available for the “(a) Requirements—The Secretary of Defense shall system being tested. provide that— “(c) Waiver Authority—The Secretary of Defense may “(1) a covered system may not proceed beyond low-rate waive the application of the survivability and lethality initial production until realistic survivability testing of the tests of this section to a covered system, munitions system is completed in accordance with this section; program, or missile program if the Secretary, before the “(2) a major munition program or a missile program may system enters full-scale engineering development, certifies not proceed beyond low-rate initial production until to Congress that live-fire testing of such system or program realistic lethality testing of the program is completed in would be unreasonably expensive and impractical, accordance with this section; and “(d) Waiver in Time of War or Mobilization—In time of war “(3) a major defense acquisition program may not or mobilization, the President may suspend the operation proceed beyond low-rate initial production until initial of any provision of this section, operational test and evaluation of the program is “(e) Definitions—In this section: completed in accordance with this section, “(1) The term ‘covered system’ means a vehicle, weapon “(b) Test Guidelines— platform, or conventional weapon system— “(1) Survivability and lethality tests required under “(A) that includes features designed to provide some subsection (a) shall be carried out sufficiently early in the degree of protection to users in combat; and 67

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68 APPENDIX A “(B) that is a major system within the meaningof that Department of Defense Reorganization Act of 1986 (Public typesetting files. Page breaks are true to the original; line lengths, word breaks, heading styles, and other typesetting-specific formatting, however, cannot be retained, About this PDF file: This new digital representation of the original work has been recomposed from XML files created from the original paper book, not from the original term in section 2303(5) of this title Law 99-433)] is amended by striking out “January 15“in “(2) The term ‘major munitions program’ means— the second sentence and all that follows through ‘is “(A) a munition program for which more than prepared’ and inserting in lieu thereof “10 days after the 1,000,000 rounds are planned to be acquired; or transmission of the budget for the next fiscal year under and some typographic errors may have been accidentally inserted. Please use the print version of this publication as the authoritative version for attribution. “(B) a conventional munitions program that is a section 1105 of title 31.” major system within the meaning of that term in section FY88–89 DoD Authorization Act 2302(5) of this title. SEC. 802 SURVIVABILITY AND LETHALITY TESTING “(3) The term ‘major defense acquisition program’ OF MAJOR SYSTEMS means— (a) Inclusion of Significant Product Improvement “(A) a conventional weapons system that is a major Programs— system within the meaning of that term in section 2302(5) The following material is section 2366 of title 10, United of this title; and States Code, as amended by this section. The changes are in “(B) is designed for use in combat. italic. “(4) The term ‘realistic survivability testing’ means, in 2366. Major systems and munitions programs: the case of a covered system, testing for vulnerability and survivability and lethality testing; operational testing survivability of the system in combat by firing munitions “(a) Requirements— likely to be encountered in combat (or munitions with a “(1) The Secretary of Defense shall provide that— capability similar to such munitions) at the system, “(A) a covered system may not proceed beyond low- configured for combat, with the primary emphasis on rate initial production until realistic survivability testing testing vulnerability with respect to potential user of the system is completed in accordance with this section; casualties and taking into equal consideration the “(B) a major munition program or a missile program operational requirements and combat performance of the may not proceed beyond low-rate initial production until system. realistic lethality testing of the program is completed in “(5) The term ‘realistic lethality testing’ means, in the accordance with this section; and case of a major munitions program or a missile program, “(C) a major defense acquisition program may not testing for lethality by firing the munition or missile proceed beyond low-rate initial production until initial concerned at appropriate targets configured for combat. operational test and evaluation of the program is “(6) The term ‘configured for combat,’ with respect to a completed in accordance with this section. weapon system, platform, or vehicle, means loaded or “(2) The Secretary of Defense shall provide that a equipped with all dangerous materials (including all covered product improvement program may not proceed flammables and explosives) that would normally be on beyond low-rate initial production until— board in combat. “(A) in the case of a product improvement to a “(7) The term ‘operational test and evaluation’ has the covered system, realistic survivability testing is completed meaning given that term in section 138(a)(2)(A) of this in accordance with this section; and title.” “(B) in the case of a product improvement to a major —(2) The table of sections at the beginning of such chapter munitions program or a missile program, realistic lethality is amended by adding after the item relating to section testing is completed in accordance with this section 2365 (as added by section 909) the following new item: “(b) Test Guidelines— “2366. Major systems and munitions programs: “(1) Survivability and lethality tests required under survivability and lethality testing; operational testing.” subsection (a) shall be carried out sufficiently early in the (b) Effective Date—Section 2366 of title 10, United States development phase of the system or program (including a Code (as added by subsection (a)), shall apply with respect covered product improvement program) to allow any to any decision to proceed with a program beyond low-rate design deficiency demonstrated by the testing to be initial production that is made— corrected in the design of the system, munition, or missile (1) after May 31, 1987, in the case of a decision referred (or in the product modification or upgrade to the system, to in subsection (a)(1) or (a)(2) of such section; or munition, or missile) before proceeding beyond low-rate (2) after the date of the enactment of this Act, in the case initial production. of a decision referred to in subsection (a)(3) of such section. “(2) In the case of a major defense acquisition program, (c) Time for Submission of Annual Report of Director no person employed by the contractor for the system (OT&E)—Subsection (g)(1) of section 138 of such title [as being tested may be involved in the conduct of the redesignated by section 101 (a) of the Goldwater-Nichols operational test and evaluation required under subsection

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THE LIVE FIRE TEST LEGISLATION 69 (a). The limitation in the preceding sentence does not capability similar to such munitions) at the system, typesetting files. Page breaks are true to the original; line lengths, word breaks, heading styles, and other typesetting-specific formatting, however, cannot be retained, About this PDF file: This new digital representation of the original work has been recomposed from XML files created from the original paper book, not from the original apply to the extent that the Secretary of Defense plans for configured for combat, with the primary emphasis on persons employed by that contractor to be involved in the testing vulnerability with respect to potential user operation, maintenance, and support to the system being casualties and taking into equal consideration the tested when the system is deployed in combat. susceptibility to attack and combat performance of the and some typographic errors may have been accidentally inserted. Please use the print version of this publication as the authoritative version for attribution. “(3) The costs of all tests required under that subsection system. shall be paid from funds available for the system being “(5) The term ‘realistic lethality testing’ means, in the tested. case of a major munitions program or a missile program (or a “(c) Waiver Authority— covered product improvement program for such a program), “(1) The Secretary of Defense may waive the application testing for lethality by firing the munition or missile of the survivability and lethality tests of this section to a concerned at appropriate targets configured for combat. covered system, munitions program, missile program, or “(6) The term ‘configured for combat,’ with respect to a covered product improvement program if the Secretary, weapon system, platform, or vehicle, means loaded or before the system enters full-scale engineering equipped with all dangerous materials (including all development, certifies to Congress that live-fire testing of flammables and explosives) that would normally be on such system or program would be unreasonably expensive board in combat. and impractical. The Secretary shall include with any such “(7) The term ‘operational test and evaluation’ has the certification a report explaining how the Secretary plans meaning given that term in section 138(a)(2)(A) of this to evaluate the survivability or the lethality of the system title.” or program and assessing possible alternatives to realistic “(8) The term ‘covered product improvement program’ survivability testing of the system or program. means a program under which— “(2) In time of war or mobilization, the President may “(A) a modification or upgrade will be made to a suspend the operation of any provision of this section. covered system which (as determined by the Secretary of “(d) Reporting to Congress—At the conclusion of Defense) is likely to affect significantly the survivability of survivability or lethality testing under subsection (a), the such system; or Secretary of Defense shall submit a report on the testing to “(B) a modification or upgrade will be made to a the defense committees of congress (as defined in section major munitions program or a missile program which (as 2362(e)(3) of this title). determined by the Secretary of Defense) is likely to affect “(e) Definitions—In this section: significantly the lethality of the munition or missile “(1) The term ‘covered system’ means a vehicle, weapon produced under the program. platform, or conventional weapon system— —(2) The table of sections at the beginning of such chapter “(A) that includes features designed to provide some is amended by adding after the item relating to section degree of protection to users in combat; and 2365 (as added by section 909) the following new item: “(B) that is a major system within the meaning of that “2366. Major systems and munitions programs: term in section 2303(5) of this title survivability and lethality testing; operational testing.” “(2) The term ‘major munitions program’ means— (b) Effective Date—Section 2366 of title 10, United States “(A) a munition program for which more than Code (as added by subsection (a)), shall apply with respect 1,000,000 rounds are planned to be acquired; or to any decision to proceed with a program beyond low-rate “(B) a conventional munitions program that is a initial production that is made— major system within the meaning of that term in section (1) after May 31, 1987, in the case of a decision referred 2302(5) of this title. to in subsection (a)(1) or (a)(2) of such section; or “(3) The term ‘major defense acquisition program’ (2) after the date of the enactment of this Act, in the case means— of a decision referred to in subsection (a)(3) of such section. “(A) a conventional weapons system that is a major (c) Time for Submission of Annual Report of Director system within the meaning of that term in section 2302(5) (OT&E)—Subsection (g)(l) of section 138 of such title [as of this title; and redesignated by section 101 (a) of the Goldwater-Nichols “(B) is designed for use in combat. Department of Defense Reorganization Act of 1986 (Public “(4) The term ‘realistic survivability testing’ means, in Law 99-433)] is amended by striking out “January 15” in the case of a covered system (or a covered product the second sentence and all that follows through ‘is improvement program for a covered system), testing for prepared’ and inserting in lieu thereof “10 days after the vulnerability of the system in combat by firing munitions transmission of the budget for the next fiscal year under likely to be encountered in combat (or munitions with a section 1105 of title 31.”