103 STAT. 1484 PUBLIC LAW 101-189—NOV. 29, 1989 (E) The availability of adequate test assets, including facilities and ranges. (F) The plans for transition from development to production. (d) SUBMISSION OF REPORTS.—The reports under subsections (b) and (c) shall be submitted to Congress not later than March 1, 1990. (e) DEFINITION.— For purposes of this section, the term "concurrency" means the degree of overlap between the develop- ment and production processes of an acquisition program. SEC. 802. OPERATIONAL TEST AND EVALUATION (a) IN GENERAL.—(1) Chapter 141 of title 10, United States Code, is amended by inserting after section 2398 the following new section: "§2399. Operational test and evaluation of defense acquisition programs "(a) CONDITION FOR PROCEEDING BEYOND LOW-RATE INITIAL PRODUCTION.—(1) The Secretary of Defense shall provide that a major defense acquisition program may not proceed beyond low-rate initial production until initial operational test and evaluation of the program is completed. "(2) In this subsection, the term "major defense acquisition pro- gram 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. "(b) OPERATIONAL TEST AND EVALUATION. —(1) Operational testing of a major defense acquisition program may not be conducted until the Director of Operational Test and Evaluation of the Department of Defense approves (in writing) the adequacy of the plans (including the projected level of funding) for operational test and evaluation to be conducted in connection with that program. "(2) The Director shall analyze the results of the operational test and evaluation conducted for each major defense acquisition pro- Reports, gram. At the conclusion of such testing, the Director shall prepare a report stating the opinion of the Director as to— "(A) whether the test and evaluation performed were ade- quate; and "(B) whether the results of such test and evaluation confirm that the items or components actually tested are effective and suitable for combat. "(3) The Director shall submit each report under paragraph (2) to the Secretary of Defense, the Under Secretary of Defense for Ac- quisition, and the congressional defense committees. Each such report shall be submitted to those committees in precisely the same form and with precisely the same content as the report originally was submitted to the Secretary and Under Secretary and shall be accompanied by such comments as the Secretary may wish to make on the report. "(4) A final decision within the Department of Defense to proceed with a major defense acquisition program beyond low-rate initial production may not be made until the Director has submitted to the Secretary of Defense the report with respect to that program under paragraph (2) and the congressional defense committees have re- ceived that report.
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