Chapter 307, Section 4172, Subsection (c) · 10 U.S.C. Chapter 307

Contents

(c)

(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 determines that live-fire testing of such system or program would be unreasonably expensive and impractical and submits a certification of that determination to Congress—

(A)before Milestone B approval for the system or program; or

(B)in the case of a system or program initiated at—

(i)Milestone B, as soon as is practicable after the Milestone B approval; or

(ii)Milestone C, as soon as is practicable after the Milestone C approval.

(2)In the case of a covered system (or covered product improvement program for a covered system), the Secretary may waive the application of the survivability and lethality tests of this section to such system or program and instead allow testing of the system or program in combat by firing munitions likely to be encountered in combat at components, subsystems, and subassemblies, together with performing design analyses, modeling and simulation, and analysis of combat data. Such alternative testing may not be carried out in the case of any covered system (or covered product improvement program for a covered system) unless the Secretary certifies to Congress, before the system or program enters system development and demonstration, that the survivability and lethality testing of such system or program otherwise required by this section would be unreasonably expensive and impracticable.

(3)The Secretary shall include with any certification under paragraph (1) or (2) 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.

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

United States Government work; public domain under 17 U.S.C. § 105.

Defined terms · 15

Show every defined term

covered contract
means—
covered designated major subprogram
means a major subprogram designated under section 4203(a)(1) of this title that is a major subprogram of a covered major defense acquisition program.
covered major defense acquisition program
means a major defense acquisition program that involves the acquisition of a weapon system that is a major system.
covered product improvement program
means a program under which—
covered system
means—
direct costs
includes the cost of—
major defense acquisition program
has the meaning given that term in section 139(a)(2)(B) of this title.
major munitions program
means—
Major Range and Test Facility Base
means the test and evaluation facilities and resources that are designated by the Secretary of Defense as facilities and resources comprising the Major Range and Test Facility Base.
Major Range and Test Facility Installation
means a test and evaluation installation under the jurisdiction of the Department of Defense and designated as a Major Range and Test Facility Installation by the Secretary.
Milestone B approval
means a decision to enter into system development and demonstration pursuant to guidance prescribed by the Secretary of Defense for the management of Department of Defense acquisition programs.
Milestone C approval
means a decision to enter into production and deployment pursuant to guidance prescribed by the Secretary of Defense for the management of Department of Defense acquisition programs.
operational test and evaluation
has the meaning given that term in section 139(a)(2)(A) of this title.
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.
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.