10 U.S.C. § 4172: Major systems and munitions programs: survivability testing and lethality testing required before full-scale production

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 and the report required by subsection (d) with respect to that testing is submitted in accordance with that subsection; and 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 the report required by subsection (d) with respect to that testing is submitted in accordance with that subsection. in the case of a product improvement to a covered system, realistic survivability testing is completed in accordance with this section; and 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. 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. The costs of all tests required under that subsection shall be paid from funds available for the system being tested. before Milestone B approval for the system or program; or Milestone B, as soon as is practicable after the Milestone B approval; or Milestone C, as soon as is practicable after the Milestone C approval. 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. 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. In time of war or mobilization, the President may suspend the operation of any provision of this section. At the conclusion of survivability or lethality testing under subsection (a), the Secretary of Defense shall submit a report on the testing to the congressional defense committees. Each such report shall describe the results of the survivability or lethality testing and shall give the Secretary’s overall assessment of the testing. A report describing the status of survivability and live fire testing of that system. The report required under paragraph (1). includes features designed to provide some degree of protection to users in combat; and is a major system as defined in section 3041 of this title ; or any other system or program designated by the Secretary of Defense for purposes of this section. a munition program for which more than 1,000,000 rounds are planned to be acquired; or a conventional munitions program that is a major system within the meaning of that term in section 3041 of this title . 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. 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. 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. 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 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. The term “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. The term “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. after May 31, 1987 , in the case of a decision referred to in subsection (a)(1) or (a)(2) of such section; or after the date of the enactment of this Act [ Oct. 18, 1986 ], in the case of a decision referred to in subsection (a)(3) of such section.” ensure that live animals, including dogs, cats, nonhuman primates, and marine mammals, are not used in any live fire trauma training conducted by the Department of Defense; and in conducting such training, replace such live animals, to the extent determined necessary by the Secretary, with advanced simulators, mannequins, cadavers, or actors.” The Secretary of Defense shall ensure that lethality is considered in any analysis of alternatives conducted prior to issuing a capability development document for purposes of procuring any new munition or modifying an existing munition. In assessing the lethality of a munition for purposes of the analysis of alternatives described under subsection (a), the Secretary of Defense shall include the margin of effectiveness, increased system capacities, and cost implications afforded by the potential use of novel or alternative energetic materials in the munition to achieve increased explosive effects. release large amounts of energy in a short amount of time; and are capable of being used in explosives that create lethal effects in warheads.” The Secretary of Defense shall carry out a pilot program under which the Secretary incorporates the CL20 compound as the energetic material for the main fill in the warheads or propellants of three weapon systems under development by the Department of Defense for the purpose of determining cost, schedule, and lethality performance parameters for such systems. Each of the three weapon systems selected under subsection (a) shall be a weapon system that does not, as of the date of the enactment of this Act [ Dec. 22, 2023 ], already incorporate the CL20 compound as the energetic material for the main fill in the warhead or propellant of the system. The Secretary of Defense shall ensure that the CL20 energetic compound is integrated into each weapon system selected under subsection (a) by not later than three years after the date of the enactment of this Act. identification of the weapon systems selected by the Secretary under subsection (a); a timeline for incorporating the CL20 energetic compound into such weapon system; the organization within the Department of Defense responsible for carrying out activities under the pilot program for such weapon system; and any locations at which testing associated with such weapon system under the program is expected to be carried out; and the baseline cost, schedule, and lethality objectives that will be used to evaluate the performance of weapon systems under the program. release large amounts of stored chemical energy; and create lethal effects in warheads in kinetic weapons components and systems; or increase propellant performance in a weapon propulsion system as related to lethal effects, range, or speed.” expand the survivability and lethality testing of covered systems to include testing against non-kinetic threats; and develop digital technologies to test such systems against such threats throughout the life cycle of each such system. digital technologies to enable the modeling and simulation of the live fire testing required under section 2366 of title 10 , United States Code [now 10 U.S.C. 4172 ]; and a process to use data from physical live fire testing to inform and refine the digital technologies described in clause (i). Enable assessments of full spectrum survivability and lethality of each covered system with respect to kinetic and non-kinetic threats. Inform the development and refinement of digital technology to test and improve covered systems. communications; firepower; mobility; catastrophic survivability; and lethality. The Secretary, acting through the Director, shall carry out activities to demonstrate the digital technologies for full spectrum survivability testing developed under subparagraph (A). The Secretary shall assess and select not fewer than three and not more than ten programs of the Department to participate in the demonstration activities required under clause (i). at least one such program from the Army; at least one such program from the Navy or the Marine Corps; and at least one such program from the Air Force or the Space Force. develop a process to regularly test through the use of digital technologies the survivability and lethality of each covered system against kinetic and non-kinetic threats throughout the life cycle of such system as threats evolve; and establish guidance for such testing. When to deploy digital technologies to provide timely and up-to-date insights with respect to covered systems without unduly delaying fielding of capabilities. The situations in which it may be necessary to develop and use digital technologies to assess legacy fleet vulnerabilities. Not later than 180 days after the date of the enactment of this Act [ Dec. 27, 2021 ], the Secretary shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report that identifies the programs selected to participate in the demonstration activities under subsection (a)(2)(C). an assessment of the progress of the Secretary in carrying out subsection (a); the risks, benefits, and costs of using digital technologies for live fire testing and evaluation; and are not supported by digital technologies; do not include testing against non-kinetic threats; and do not include full spectrum survivability; how real-world operational and digital survivability and lethality testing data will be used to inform and enhance digital technology; the contribution of such data to the digital modernization efforts required under section 836 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) [ 10 U.S.C. 3101 note]; and the contribution of such data to the decision-support processes for managing and overseeing acquisition programs of the Department; an assessment of the ability of the Department to perform full spectrum survivability and lethality testing of each covered system with respect to kinetic and non-kinetic threats; an assessment of the processes implemented by the Department to manage digital technologies developed pursuant to subsection (a); and an assessment of the processes implemented by the Department to develop digital technology that can perform full spectrum survivability and lethality testing with respect to kinetic and non-kinetic threats. Not later than April 14, 2023 , the Director shall provide to the congressional defense committees a briefing that identifies any changes to existing law that may be necessary to implement subsection (a). the Under Secretary of Defense for Research and Engineering; the Under Secretary of Defense for Acquisition and Sustainment; the Chief Information Officer; the Director; the Director of Cost Assessment and Program Evaluation; the Service Acquisition Executives; the Service testing commands; the Director of the Defense Digital Service; and the Department of Defense Test Resource Management Center; the High Performance Computing Modernization Program Office; and the Joint Technical Coordination Group for Munitions Effectiveness. The term ‘covered system’ means any warfighting capability that can degrade, disable, deceive, or destroy forces or missions. The term ‘Department’ means the Department of Defense. The term ‘digital technologies’ includes digital models, digital simulations, and digital twin capabilities that may be used to test the survivability and lethality of a covered system. The term ‘Director’ means the Director of Operational Test and Evaluation. The term ‘full spectrum survivability and lethality testing’ means a series of assessments of the effects of kinetic and non-kinetic threats on the communications, firepower, mobility, catastrophic survivability, and lethality of a covered system. cyber attacks; electromagnetic spectrum operations; chemical, biological, radiological, nuclear effects and high yield explosives; and directed energy weapons. The term ‘Secretary’ means the Secretary of Defense.”