Page:United States Statutes at Large Volume 108 Part 4.djvu/698

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108 STAT. 3332 PUBLIC LAW 103-355—OCT. 13, 1994 SEC. 3012. RESPONSIBILITY OF DIRECTOR OF OPERATIONAL TEST AND EVALUATION FOR LIVE FIRE TESTING. (a) OVERSIGHT OF LIVE FIRE TESTING. —Subsection (b) of section 139 of title 10, United States Code, is amended— (1) by striking out "and" at the end of paragraph (4); (2) by striking out the period at the end of psiragraph (5) and inserting in lieu thereof"; and"; and (3) by adding at the end the following new paragraph: "(6) monitor and review the live fire testing activities of the Department of Defense provided for under section 2366 of this title.". (b) ANNUAL REPORT ON LIVE FIRE TESTING.— Subsection (f) of such section is amended by inserting "(including hve fire testing activities)" in the first sentence after "operational test and evaluation activities". SEC. 3013. REQUIREMENT FOR UNCLASSIFIED VERSION OF ANNUAL REPORT ON OPERATIONAL TEST AND EVALUATION. Section 139(f) of title 10, United States Code, is amended by inserting afl«r the second sentence the following new sentence: "If the Director submits the report to Congress in a classified form, the Director shall concurrently submit an unclassified version of the report to Congress.". SEC. 3014. SURVIVABILITY AND LETHALITY TESTING. (a) IN GENERAL. —Section 2366(c) of title 10, United States Code, is amended— (1) by redesignating paragraph (2) as paragraph (4); (2) by designating the second sentence of paragraph (1) as paragraph (3) and in that paragraph by strilang out "such certification" and inserting in lieu thereof "certification under paragraph (1) or (2)"; and (3) by inserting before paragraph (3) (as so designated) the following new paragraph: "(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 engineering and manufacturing development, that the survivability and lethality testing of such system or program otherwise required by this section would be unreasonably expensive and impracticable.". (b) TERMINOLOGY CORRECTION.— Section 2366(c)(1) of such title is amended by striking out "full-scale engineering development" in the first sentence and inserting in lieu thereof "engineering and manufacturing development". SEC. 3015. LIMITATION ON QUANTITIES TO BE PROCURED FOR LOW- RATE INITIAL PRODUCTION. Section 2400(a) of title 10, United States Code, is amended— (1) in paragraph (2)—