Vulnerability Assessment of Aircraft: A Review of the Department of Defense Live Fire Test and Evaluation Program (1993)

SEC. 910. TESTING OF CERTAIN WEAPON SYSTEMS AND MUNITIONS

(a) Survivability and Lethality Testing and Operational Testing.

—(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 lethality testing; operational testing

“(a) Requirements—The Secretary of Defense shall provide that—

“(1) 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 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 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 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 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 meaningof 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 materials (including all flammables and explosives) that would normally 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.”

(b) Effective Date—Section 2366 of title 10, United States Code (as added by subsection (a)), shall apply with respect to any decision to proceed with a program beyond low-rate initial production that is made—

(1) after May 31, 1987, in the case of a decision referred to in subsection (a)(1) or (a)(2) of such section; or

(2) after the date of the enactment of this Act, in the case of a decision referred to in subsection (a)(3) of such section.

(c) Time for Submission of Annual Report of Director (OT&E)—Subsection (g)(1) of section 138 of such title [as redesignated by section 101 (a) of the Goldwater-Nichols Department of Defense Reorganization Act of 1986 (Public Law 99-433)] is amended by striking out “January 15“in the second sentence and all that follows through ‘is prepared’ and inserting in lieu thereof “10 days after the transmission of the budget for the next fiscal year under section 1105 of title 31.”

SEC. 802 SURVIVABILITY AND LETHALITY TESTING OF MAJOR SYSTEMS

(a) Inclusion of Significant Product Improvement Programs—

The following material is section 2366 of title 10, United States Code, as amended by this section. The changes are in italic.

2366. Major systems and munitions programs: survivability and lethality testing; operational testing

“(a) Requirements—

“(1) The Secretary of Defense shall provide that—

“(A) 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;

“(B) 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

“(C) 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.

“(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

“(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

“(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 (including a covered product improvement program) to allow any design deficiency demonstrated by the testing to be corrected in the design of the system, munition, or missile (or in the product modification or upgrade to 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). 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 to the system being tested when the system is deployed in combat.

“(3) The costs of all tests required under that subsection shall be paid from funds available for the system being tested.

“(c) Waiver Authority—

“(1) The Secretary of Defense may waive the application of the survivability and lethality tests of this section to a covered system, munitions program, missile program, or covered product improvement program if the Secretary, before the system enters full-scale engineering development, certifies to Congress that live-fire testing of such system or program would be unreasonably expensive and impractical. 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.

“(2) In time of war or mobilization, the President may suspend the operation of any provision of this section.

“(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) 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 (or a covered product improvement program for a covered system), testing for vulnerability 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 susceptibility to attack 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 (or a covered product improvement program for such a 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 materials (including all flammables and explosives) that would normally 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.”

“(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.

—(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.”

(b) Effective Date—Section 2366 of title 10, United States Code (as added by subsection (a)), shall apply with respect to any decision to proceed with a program beyond low-rate initial production that is made—

(1) after May 31, 1987, in the case of a decision referred to in subsection (a)(1) or (a)(2) of such section; or

(2) after the date of the enactment of this Act, in the case of a decision referred to in subsection (a)(3) of such section.

(c) Time for Submission of Annual Report of Director (OT&E)—Subsection (g)(l) of section 138 of such title [as redesignated by section 101 (a) of the Goldwater-Nichols Department of Defense Reorganization Act of 1986 (Public Law 99-433)] is amended by striking out “January 15” in the second sentence and all that follows through ‘is prepared’ and inserting in lieu thereof “10 days after the transmission of the budget for the next fiscal year under section 1105 of title 31.”