10 U.S.C. § 4172 — Major systems and munitions programs:

Page 2683 TITLE 10—ARMED FORCES § 4172 Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title. TERMINATION OF REPORTING REQUIREMENTS For termination, effective Dec. 31, 2021, of provisions in subsec. (g) of this section requiring submittal of an- nual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title. ENHANCEMENTS TO TRANSPARENCY IN TEST AND EVALUATION PROCESSES AND DATA Pub. L. 115–91, div. A, title VIII, § 839, Dec. 12, 2017, 131 Stat. 1475, provided that: ‘‘(a) ADDITIONAL TEST AND EVALUATION DUTIES OF MILITARY SECRETARIES AND DEFENSE AGENCY HEADS.— ‘‘(1) REPORT ON COMPARISON OF OPERATIONAL TEST AND EVALUATION RESULTS TO LEGACY ITEMS OR COMPO- NENTS.—Concurrent with the submission of a report required under section 2399(b)(2) of title 10, United States Code [now 10 U.S.C. 4171(b)(2)], the Secretary of a military department or the head of a Defense Agency may provide to the congressional defense committees [Committees on Armed Services and Ap- propriations of the Senate and the House of Rep- resentatives] and the Secretary of Defense a report describing of the performance of the items or compo- nents evaluated as part of the operational test and evaluation for each major defense acquisition pro- gram conducted under such section by the Director of Operational Test and Evaluation in relation to com- parable legacy items or components, if such items or components exist and relevant data are available without requiring additional testing. ‘‘(2) ADDITIONAL REPORT ON OPERATIONAL TEST AND EVALUATION ACTIVITIES.—Within 45 days after the sub- mission of an annual report required by section 139(h) of title 10, United States Code, the Secretaries of the military departments may each submit to the con- gressional defense committees a report addressing any concerns related to information included in the annual report, or providing updated or additional in- formation, as appropriate. ‘‘(b) REQUIREMENTS FOR COLLECTION OF COST DATA ON TEST AND EVALUATION.— ‘‘(1) IN GENERAL.—Not later than one year after the date of the enactment of this Act [Dec. 12, 2017] and subject to paragraph (2), the Director of Operational Test and Evaluation, the senior official of the Depart- ment of Defense with responsibility for develop- mental testing, and the Director of the Test Resource Management Center shall jointly develop policies, procedures, guidance, and a method to collect data that ensures that consistent and high quality data are collected on the full range of estimated and ac- tual developmental, live fire, and operational testing costs for major defense acquisition programs. ‘‘(2) CONCURRENCE AND COORDINATION REQUIRED.—Be- fore implementing the policies, procedures, guidance, and method developed under paragraph (1), the Direc- tor of Operational Test and Evaluation, the senior of- ficial of the Department of Defense with responsi- bility for developmental testing, and the Director of the Test Resource Management Center shall— ‘‘(A) obtain the concurrence of the Director for Cost Assessment and Program Evaluation; and ‘‘(B) coordinate with the Secretaries of the mili- tary departments. ‘‘(3) DATA REQUIREMENTS.— ‘‘(A) ELECTRONIC DATABASE.—Data on estimated and actual developmental, live fire, and operational testing costs shall be maintained in an electronic database maintained by the Director for Cost As- sessment and Program Evaluation or another ap- propriate official of the Department of Defense, and shall be made available for analysis by testing, ac- quisition, and other appropriate officials of the De- partment of Defense, as determined by the Director of Operational Test and Evaluation, the senior offi- cial of the Department of Defense with responsi- bility for developmental testing, or the Director of the Test Resource Management Center. ‘‘(B) DIAGGREGATION [sic] BY COSTS.—To the max- imum extent practicable, data collected under this subsection shall be set forth separately by costs for developmental testing, operational testing, and training. ‘‘(c) MAJOR DEFENSE ACQUISITION PROGRAM DE- FINED.—In this section, the term ‘major defense acqui- sition program’ has the meaning provided in section 2430 of title 10, United States Code [now 10 U.S.C. 4201].’’ § 4172. Major systems and munitions programs: survivability testing and lethality testing re- quired before full-scale production (a) REQUIREMENTS.—(1) The Secretary of De- fense shall provide that— (A) a covered system may not proceed be- yond low-rate initial production until realistic survivability testing of the system is com- pleted 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 (B) a major munition program or a missile program may not proceed beyond low-rate ini- tial 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. (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 test- ing is completed in accordance with this sec- tion; and (B) in the case of a product improvement to a major munitions program or a missile pro- gram, 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 de- velopment phase of the system or program (in- cluding a covered product improvement pro- gram) to allow any design deficiency dem- onstrated by the testing to be corrected in the design of the system, munition, or missile (or in the product modification or upgrade to the sys- tem, munition, or missile) before proceeding be- yond low-rate initial production. (2) 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 surviv- ability and lethality tests of this section to a covered system, munitions program, missile pro- gram, or covered product improvement program if the Secretary determines that live-fire testing of such system or program would be unreason- ably expensive and impractical and submits a certification of that determination to Con- gress— Page 2684 TITLE 10—ARMED FORCES § 4172 (A) before Milestone B approval for the sys- tem or program; or (B) in the case of a system or program initi- ated 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 sys- tem), 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 com- bat by firing munitions likely to be encountered in combat at components, subsystems, and sub- assemblies, 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 sys- tem (or covered product improvement program for a covered system) unless the Secretary cer- tifies 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 cer- tification under paragraph (1) or (2) a report ex- plaining 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 Presi- dent may suspend the operation of any provision of this section. (d) REPORTING TO CONGRESS.—(1) At the con- clusion of survivability or lethality testing under subsection (a), the Secretary of Defense shall submit a report on the testing to the con- gressional 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. (2) If a decision is made within the Depart- ment of Defense to proceed to operational use of a system, or to make procurement funds avail- able for a system, before Milestone C approval of that system, the Secretary of Defense shall sub- mit to the congressional defense committees, as soon as practicable after such decision, the fol- lowing: (A) A report describing the status of surviv- ability and live fire testing of that system. (B) The report required under paragraph (1). (e) DEFINITIONS.—In this section: (1) The term ‘‘covered system’’ means— (A) a vehicle, weapon platform, or conven- tional weapon system that— (i) includes features designed to provide some degree of protection to users in com- bat; and (ii) is a major system as defined in sec- tion 3041 of this title; or (B) any other system or program des- ignated by the Secretary of Defense for pur- poses of this section. (2) The term ‘‘major munitions program’’ means— (A) a munition program for which more than 1,000,000 rounds are planned to be ac- quired; or (B) a conventional munitions program that is a major system within the meaning of that term in section 3041 of this title. (3) The term ‘‘realistic survivability test- ing’’ 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 muni- tions with a capability similar to such muni- tions) at the system configured for combat, with the primary emphasis on testing vulner- ability with respect to potential user casual- ties and taking into equal consideration the susceptibility to attack and combat perform- ance of the system. (4) The term ‘‘realistic lethality testing’’ means, in the case of a major munitions pro- gram or a missile program (or a covered prod- uct improvement program for such a pro- gram), testing for lethality by firing the muni- tion or missile concerned at appropriate tar- gets configured for combat. (5) The term ‘‘configured for combat’’, with respect to a weapon system, platform, or vehi- cle, means loaded or equipped with all dan- gerous materials (including all flammables and explosives) that would normally be on board in combat. (6) 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 sys- tem; or (B) a modification or upgrade will be made to a major munitions program or a missile program which (as determined by the Sec- retary of Defense) is likely to affect signifi- cantly the lethality of the munition or mis- sile produced under the program. (7) The term ‘‘Milestone B approval’’ means a decision to enter into system development and demonstration pursuant to guidance pre- scribed by the Secretary of Defense for the management of Department of Defense acqui- sition programs. (8) The term ‘‘Milestone C approval’’ means a decision to enter into production and deploy- ment pursuant to guidance prescribed by the Secretary of Defense for the management of Department of Defense acquisition programs. (Added Pub. L. 99–500, § 101(c) [title X, § 910(a)(1)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–143, and Pub. L. 99–591, § 101(c) [title X, § 910(a)(1)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–143, § 2366; Pub. L. 99–661, div. A, title IX, formerly title IV, § 910(a)(1), Nov. 14, 1986, 100 Stat. 3923, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273; amended Pub. L. 100–180, div. A, title VIII, § 802, title XII, § 1231(11), Dec. 4, 1987, 101 Stat. 1123, 1160; Pub. L. 100–456, div. A, title XII, § 1233(l)(3), Sept. 29, 1988, 102 Stat. 2058; Pub. L. 101–189, div. A, title VIII, §§ 802(c)(1)–(4)(A), 804, Nov. 29, 1989, 103 Stat. 1486, 1488; Pub. L. 101–510, div. A, title XIV, § 1484(h)(7), Nov. 5, 1990, 104 Stat. 1718; Pub. Page 2685 TITLE 10—ARMED FORCES § 4172 L. 103–160, div. A, title VIII, § 828(d)(2), Nov. 30, 1993, 107 Stat. 1715; Pub. L. 103–355, title III, § 3014, Oct. 13, 1994, 108 Stat. 3332; Pub. L. 104–106, div. A, title XV, § 1502(a)(18), Feb. 10, 1996, 110 Stat. 504; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 107–107, div. A, title VIII, § 821(a), Dec. 28, 2001, 115 Stat. 1181; Pub. L. 107–314, div. A, title VIII, § 818, Dec. 2, 2002, 116 Stat. 2611; Pub. L. 108–136, div. A, title X, § 1043(b)(13), Nov. 24, 2003, 117 Stat. 1611; Pub. L. 110–417, [div. A], title II, § 251(a), (b), Oct. 14, 2008, 122 Stat. 4400; renumbered § 4172 and amend- ed Pub. L. 116–283, div. A, title XVIII, §§ 1845(b), 1883(b)(2), Jan. 1, 2021, 134 Stat. 4247, 4294; Pub. L. 117–81, div. A, title XVII, § 1701(u)(6)(B), Dec. 27, 2021, 135 Stat. 2154.) Editorial Notes CODIFICATION Pub. L. 99–591 is a corrected version of Pub. L. 99–500. Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661 added identical sections. AMENDMENTS 2021—Pub. L. 116–283, § 1845(b), as amended by Pub. L. 117–81, § 1701(u)(6)(B), renumbered section 2366 of this title as this section. Subsec. (e)(1)(A)(ii), (2)(B). Pub. L. 116–283, § 1883(b)(2), substituted ‘‘section 3041’’ for ‘‘section 2302(5)’’. 2008—Subsec. (d). Pub. L. 110–417, § 251(b), designated existing provisions as par. (1) and added par. (2). Subsec. (e)(1). Pub. L. 110–417, § 251(a), amended par. (1) generally. Prior to amendment, par. (1) read as fol- lows: ‘‘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 2302(5) of this title.’’ 2003—Subsec. (e)(7) to (9). Pub. L. 108–136 redesignated pars. (8) and (9) as (7) and (8), respectively, and struck out former par. (7) which read as follows: ‘‘The term ‘congressional defense committees’ means— ‘‘(A) the Committee on Armed Services and the Committee on Appropriations of the Senate; and ‘‘(B) the Committee on Armed Services and the Committee on Appropriations of the House of Rep- resentatives.’’ 2002—Subsec. (c)(1). Pub. L. 107–314, § 818(a), amended par. (1) generally. Prior to amendment par. (1) read as follows: ‘‘The Secretary of Defense may waive the ap- plication of the survivability and lethality tests of this section to a covered system, munitions program, mis- sile program, or covered product improvement program if the Secretary, before the system or program enters system development and demonstration, certifies to Congress that live-fire testing of such system or pro- gram would be unreasonably expensive and imprac- tical.’’ Subsec. (e)(8), (9). Pub. L. 107–314, § 818(b), added pars. (8) and (9). 2001—Subsec. (c)(1), (2). Pub. L. 107–107 substituted ‘‘system development and demonstration’’ for ‘‘engi- neering and manufacturing development’’. 1999—Subsec. (e)(7)(B). Pub. L. 106–65 substituted ‘‘Committee on Armed Services’’ for ‘‘Committee on National Security’’. 1996—Subsec. (d). Pub. L. 104–106, § 1502(a)(18)(A), sub- stituted ‘‘the congressional defense committees’’ for ‘‘the Committees on Armed Services and on Appropria- tions of the Senate and House of Representatives’’. Subsec. (e)(7). Pub. L. 104–106, § 1502(a)(18)(B), added par. (7). 1994—Subsec. (c)(1). Pub. L. 103–355, § 3014(a)(2), (b), substituted ‘‘engineering and manufacturing develop- ment’’ for ‘‘full-scale engineering development’’ in first sentence and redesignated second sentence as par. (3). Subsec. (c)(2). Pub. L. 103–355, § 3014(a)(1), (3), added par. (2) and redesignated former par. (2) as (4). Subsec. (c)(3). Pub. L. 103–355, § 3014(a)(2), redesig- nated second sentence of par. (1) as par. (3) and sub- stituted ‘‘certification under paragraph (1) or (2)’’ for ‘‘such certification’’. Subsec. (c)(4). Pub. L. 103–355, § 3014(a)(1), redesig- nated par. (2) as (4). 1993—Subsec. (d). Pub. L. 103–160 substituted ‘‘to the Committees on Armed Services and on Appropriations of the Senate and House of Representatives’’ for ‘‘to the defense committees of Congress (as defined in sec- tion 2362(e)(3) of this title)’’. 1990—Subsec. (a)(1)(A), (B). Pub. L. 101–510 made tech- nical correction to directory language of Pub. L. 101–189, § 804(a), see 1989 Amendment note below. 1989—Pub. L. 101–189, § 802(c)(4)(A), substituted ‘‘test- ing and lethality testing required before full-scale pro- duction’’ for ‘‘and lethality testing; operational test- ing’’ in section catchline. Subsec. (a)(1)(A). Pub. L. 101–189, §§ 802(c)(1)(A), 804(a), as amended by Pub. L. 101–510, substituted ‘‘this section and the report required by subsection (d) with respect to that testing is submitted in accordance with that subsection; and’’ for ‘‘this section;’’. Subsec. (a)(1)(B). Pub. L. 101–189, §§ 802(c)(1)(B), 804(a), as amended by Pub. L. 101–510, substituted ‘‘this section and the report required by subsection (d) with respect to that testing is submitted in accordance with that subsection.’’ for ‘‘this section; and’’. Subsec. (a)(1)(C). Pub. L. 101–189, § 802(c)(1)(C), struck out subpar. (C) which read as follows: ‘‘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.’’ Subsec. (b)(2), (3). Pub. L. 101–189, § 802(c)(2), redesig- nated par. (3) as (2) and struck out former par. (2) which read as follows: ‘‘In the case of a major defense acquisi- tion 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 sen- tence does not apply to the extent that the Secretary of Defense plans for persons employed by that con- tractor to be involved in the operation, maintenance, and support of the system being tested when the sys- tem is deployed in combat.’’ Subsec. (d). Pub. L. 101–189, § 804(b), inserted at end ‘‘Each such report shall describe the results of the sur- vivability or lethality testing and shall give the Sec- retary’s overall assessment of the testing.’’ Subsec. (e)(3) to (8). Pub. L. 101–189, § 802(c)(3), redesig- nated pars. (4), (5), (6), and (8) as (3), (4), (5), and (6), re- spectively, and struck out former par. (3) which defined ‘‘major defense acquisition program’’ and former par. (7) which defined ‘‘operational test and evaluation’’. 1988—Subsec. (a)(2). Pub. L. 100–456 made technical correction to directory language of Pub. L. 100–180, § 802(a)(1)(C). See 1987 Amendment note below. 1987—Subsec. (a). Pub. L. 100–180, § 802(a)(1), as amend- ed by Pub. L. 100–456, designated existing provisions as par. (1), redesignated former pars. (1) to (3) as subpars. (A) to (C), and added par. (2). Subsec. (b)(1). Pub. L. 100–180, § 802(a)(2), inserted ‘‘(including a covered product improvement program)’’ after ‘‘system or program’’ and ‘‘(or in the product modification or upgrade to the system, munition, or missile)’’ after ‘‘or missile’’. Subsec. (b)(2). Pub. L. 100–180, § 802(b), inserted at end ‘‘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 of the sys- tem being tested when the system is deployed in com- bat.’’ Subsec. (c). Pub. L. 100–180, § 802(a)(3), (c), (d)(1), des- ignated existing provisions as par. (1), substituted ‘‘missile program, or covered product improvement program’’ for ‘‘or missile program’’, and inserted at end Page 2686 TITLE 10—ARMED FORCES § 4172 ‘‘The Secretary shall include with any such certifi- cation a report explaining how the Secretary plans to evaluate the survivability or the lethality of the sys- tem or program and assessing possible alternatives to realistic survivability testing of the system or pro- gram.’’ Pub. L. 100–180, § 802(d)(2), designated existing provi- sions of former subsec. (d) as par. (2) of subsec. (c) and struck out heading of former subsec. (d) ‘‘Waiver in time of war or mobilization’’. Subsec. (d). Pub. L. 100–180, § 802(d)(3), added subsec. (d). Former subsec. (d) redesignated subsec. (c)(2). Subsec. (e)(1)(B). Pub. L. 100–180, § 1231(11), sub- stituted ‘‘section 2302(5)’’ for ‘‘section 2303(5)’’. Subsec. (e)(4). Pub. L. 100–180, § 802(a)(4)(A), (e), in- serted ‘‘(or a covered product improvement program for a covered system)’’ after ‘‘covered system’’, struck out ‘‘and survivability’’ after ‘‘for vulnerability’’, and sub- stituted ‘‘susceptibility to attack’’ for ‘‘operational re- quirements’’. Subsec. (e)(5). Pub. L. 100–180, § 802(a)(4)(B), inserted ‘‘(or a covered product improvement program for such a program)’’ after ‘‘missile program’’. Subsec. (e)(8). Pub. L. 100–180, § 802(a)(4)(C), added par. (8). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–81 applicable as if in- cluded in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–456, div. A, title XII, § 1233(l)(5), Sept. 29, 1988, 102 Stat. 2058, provided that: ‘‘The amendments made by this subsection [amending this section and sections 4214 and 8855 of this title and section 301c of Title 37, Pay and Allowances of the Uniformed Serv- ices] shall apply as if included in the enactment of Pub- lic Law 100–180.’’ EFFECTIVE DATE Pub. L. 99–500, § 101(c) [title X, § 910(b)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–145, Pub. L. 99–591, § 101(c) [title X, § 910(b)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–145, and Pub. L. 99–661, div. A, title IX, formerly title IV, § 910(b), Nov. 14, 1986, 100 Stat. 3924, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273, pro- vided that: ‘‘Section 2366 of title 10, United States Code [now 10 U.S.C. 4172] (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 re- ferred to in subsection (a)(1) or (a)(2) of such section; or ‘‘(2) 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.’’ CONSIDERATION OF LETHALITY IN THE ANALYSIS OF ALTERNATIVES FOR MUNITIONS Pub. L. 118–31, div. A, title II, § 242, Dec. 22, 2023, 137 Stat. 208, provided that: ‘‘(a) ANALYSIS OF ALTERNATIVES REVIEW.—The Sec- retary of Defense shall ensure that lethality is consid- ered in any analysis of alternatives conducted prior to issuing a capability development document for pur- poses of procuring any new munition or modifying an existing munition. ‘‘(b) CONSIDERATION OF ENERGETIC MATERIALS.—In as- sessing 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 ef- fectiveness, increased system capacities, and cost im- plications afforded by the potential use of novel or al- ternative energetic materials in the munition to achieve increased explosive effects. ‘‘(c) ENERGETIC MATERIALS DEFINED.—In this section, the term ‘energetic materials’ means critical chemicals that— ‘‘(1) release large amounts of energy in a short amount of time; and ‘‘(2) are capable of being used in explosives that cre- ate lethal effects in warheads.’’ PILOT PROGRAM ON INCORPORATION OF THE CL20 COMPOUND IN CERTAIN WEAPON SYSTEMS Pub. L. 118–31, div. A, title II, § 243, Dec. 22, 2023, 137 Stat. 209, provided that: ‘‘(a) PILOT PROGRAM REQUIRED.—The Secretary of De- fense shall carry out a pilot program under which the Secretary incorporates the CL20 compound as the ener- getic material for the main fill in the warheads or pro- pellants of three weapon systems under development by the Department of Defense for the purpose of deter- mining cost, schedule, and lethality performance pa- rameters for such systems. ‘‘(b) SELECTION OF WEAPON 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 in- corporate the CL20 compound as the energetic material for the main fill in the warhead or propellant of the system. ‘‘(c) TIMELINE FOR INTEGRATION.—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. ‘‘(d) BRIEFING.—Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a briefing on progress of the Secretary in carrying out the pilot program under this section, including— ‘‘(1) identification of the weapon systems selected by the Secretary under subsection (a); ‘‘(2) with respect to each such weapon system, iden- tification of— ‘‘(A) a timeline for incorporating the CL20 ener- getic compound into such weapon system; ‘‘(B) the organization within the Department of Defense responsible for carrying out activities under the pilot program for such weapon system; and ‘‘(C) any locations at which testing associated with such weapon system under the program is ex- pected to be carried out; and ‘‘(3) the baseline cost, schedule, and lethality objec- tives that will be used to evaluate the performance of weapon systems under the program. ‘‘(e) DEFINITIONS.—In this section, the term ‘energetic material’ means critical chemicals and formulations that— ‘‘(1) release large amounts of stored chemical en- ergy; and ‘‘(2) are capable of being used as explosives, propel- lants, pyrotechnics, and reactive materials that— ‘‘(A) create lethal effects in warheads in kinetic weapons components and systems; or ‘‘(B) increase propellant performance in a weapon propulsion system as related to lethal effects, range, or speed.’’ DEVELOPMENT AND IMPLEMENTATION OF DIGITAL TECH- NOLOGIES FOR SURVIVABILITY AND LETHALITY TEST- ING Pub. L. 117–81, div. A, title II, § 223, Dec. 27, 2021, 135 Stat. 1601, provided that: Page 2687 TITLE 10—ARMED FORCES § 4172 ‘‘(a) EXPANSION OF SURVIVABILITY AND LETHALITY TESTING.— ‘‘(1) IN GENERAL.—The Secretary, in coordination with covered officials, shall— ‘‘(A) expand the survivability and lethality test- ing of covered systems to include testing against non-kinetic threats; and ‘‘(B) develop digital technologies to test such sys- tems against such threats throughout the life cycle of each such system. ‘‘(2) DEVELOPMENT OF DIGITAL TECHNOLOGIES FOR LIVE FIRE TESTING.— ‘‘(A) IN GENERAL.—The Secretary, in coordination with covered officials, shall develop— ‘‘(i) 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 ‘‘(ii) a process to use data from physical live fire testing to inform and refine the digital tech- nologies described in clause (i). ‘‘(B) OBJECTIVES.—In carrying out subparagraph (A), the Secretary shall seek to achieve the fol- lowing objectives: ‘‘(i) Enable assessments of full spectrum surviv- ability and lethality of each covered system with respect to kinetic and non-kinetic threats. ‘‘(ii) Inform the development and refinement of digital technology to test and improve covered systems. ‘‘(iii) Enable survivability and lethality assess- ments of the warfighting capabilities of a covered system with respect to— ‘‘(I) communications; ‘‘(II) firepower; ‘‘(III) mobility; ‘‘(IV) catastrophic survivability; and ‘‘(V) lethality. ‘‘(C) DEMONSTRATION ACTIVITIES.— ‘‘(i) IN GENERAL.—The Secretary, acting through the Director, shall carry out activities to demonstrate the digital technologies for full spec- trum survivability testing developed under sub- paragraph (A). ‘‘(ii) PROGRAM SELECTION.—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 re- quired under clause (i). ‘‘(iii) ARMED FORCES PROGRAMS.—Of the pro- grams selected pursuant to clause (ii), the Direc- tor shall select— ‘‘(I) at least one such program from the Army; ‘‘(II) at least one such program from the Navy or the Marine Corps; and ‘‘(III) at least one such program from the Air Force or the Space Force. ‘‘(3) REGULAR SURVIVABILITY AND LETHALITY TESTING THROUGHOUT LIFE CYCLE.— ‘‘(A) IN GENERAL.—The Secretary, in coordination with covered officials, shall— ‘‘(i) develop a process to regularly test through the use of digital technologies the survivability and lethality of each covered system against ki- netic and non-kinetic threats throughout the life cycle of such system as threats evolve; and ‘‘(ii) establish guidance for such testing. ‘‘(B) ELEMENTS.—In carrying out subparagraph (A), the Secretary shall determine the following: ‘‘(i) When to deploy digital technologies to pro- vide timely and up-to-date insights with respect to covered systems without unduly delaying field- ing of capabilities. ‘‘(ii) The situations in which it may be nec- essary to develop and use digital technologies to assess legacy fleet vulnerabilities. ‘‘(b) REPORTS AND BRIEFING.— ‘‘(1) ASSESSMENT AND SELECTION OF PROGRAMS.—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 iden- tifies the programs selected to participate in the demonstration activities under subsection (a)(2)(C). ‘‘(2) MODERNIZATION AND DIGITIZATION REPORT.— ‘‘(A) IN GENERAL.—Not later than March 15, 2023, the Director shall submit to the congressional de- fense committees a report that includes— ‘‘(i) an assessment of the progress of the Sec- retary in carrying out subsection (a); ‘‘(ii) an assessment of each of the demonstra- tion activities carried out under subsection (a)(2)(C), including a comparison of— ‘‘(I) the risks, benefits, and costs of using dig- ital technologies for live fire testing and eval- uation; and ‘‘(II) the risks, benefits, and costs of tradi- tional physical live fire testing approaches that— ‘‘(aa) are not supported by digital tech- nologies; ‘‘(bb) do not include testing against non-ki- netic threats; and ‘‘(cc) do not include full spectrum surviv- ability; ‘‘(iii) an explanation of— ‘‘(I) how real-world operational and digital survivability and lethality testing data will be used to inform and enhance digital technology; ‘‘(II) the contribution of such data to the dig- ital modernization efforts required under sec- tion 836 of the William M. (Mac) Thornberry Na- tional Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) [10 U.S.C. 3101 note]; and ‘‘(III) the contribution of such data to the de- cision-support processes for managing and over- seeing acquisition programs of the Department; ‘‘(iv) an assessment of the ability of the Depart- ment to perform full spectrum survivability and lethality testing of each covered system with re- spect to kinetic and non-kinetic threats; ‘‘(v) an assessment of the processes imple- mented by the Department to manage digital technologies developed pursuant to subsection (a); and ‘‘(vi) an assessment of the processes imple- mented by the Department to develop digital technology that can perform full spectrum sur- vivability and lethality testing with respect to kinetic and non-kinetic threats. ‘‘(B) BRIEFING.—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). ‘‘(c) DEFINITIONS.—In this section: ‘‘(1) The term ‘covered officials’ means— ‘‘(A) the Under Secretary of Defense for Research and Engineering; ‘‘(B) the Under Secretary of Defense for Acquisi- tion and Sustainment; ‘‘(C) the Chief Information Officer; ‘‘(D) the Director; ‘‘(E) the Director of Cost Assessment and Pro- gram Evaluation; ‘‘(F) the Service Acquisition Executives; ‘‘(G) the Service testing commands; ‘‘(H) the Director of the Defense Digital Service; and ‘‘(I) representatives from— ‘‘(i) the Department of Defense Test Resource Management Center; ‘‘(ii) the High Performance Computing Mod- ernization Program Office; and ‘‘(iii) the Joint Technical Coordination Group for Munitions Effectiveness. ‘‘(2) The term ‘covered system’ means any warfighting capability that can degrade, disable, de- ceive, or destroy forces or missions. Page 2688 TITLE 10—ARMED FORCES § 4173 ‘‘(3) The term ‘Department’ means the Department of Defense. ‘‘(4) The term ‘digital technologies’ includes digital models, digital simulations, and digital twin capabili- ties that may be used to test the survivability and lethality of a covered system. ‘‘(5) The term ‘Director’ means the Director of Operational Test and Evaluation. ‘‘(6) The term ‘full spectrum survivability and lethality testing’ means a series of assessments of the effects of kinetic and non-kinetic threats on the com- munications, firepower, mobility, catastrophic sur- vivability, and lethality of a covered system. ‘‘(7) The term ‘non-kinetic threats’ means uncon- ventional threats, including— ‘‘(A) cyber attacks; ‘‘(B) electromagnetic spectrum operations; ‘‘(C) chemical, biological, radiological, nuclear ef- fects and high yield explosives; and ‘‘(D) directed energy weapons. ‘‘(8) The term ‘Secretary’ means the Secretary of Defense.’’ § 4173. Department of Defense Test Resource Management Center (a) ESTABLISHMENT AS DEPARTMENT OF DE- FENSE FIELD ACTIVITY.—The Secretary of De- fense shall establish within the Department of Defense under section 191 of this title a Depart- ment of Defense Test Resource Management Center (hereinafter in this section referred to as the ‘‘Center’’). The Secretary shall designate the Center as a Department of Defense Field Activ- ity. (b) DIRECTOR AND DEPUTY DIRECTOR.—(1) At the head of the Center shall be a Director, se- lected by the Secretary from among individuals who have substantial experience in the field of test and evaluation. (2) There shall be a Deputy Director of the Center, selected by the Secretary from among individuals who have substantial experience in the field of test and evaluation. The Deputy Di- rector shall act for, and exercise the powers of, the Director when the Director is disabled or the position of Director is vacant. (c) DUTIES OF DIRECTOR.—(1) The Director shall have the following duties: (A) To review and provide oversight of pro- posed Department of Defense budgets and ex- penditures for— (i) the test and evaluation facilities and resources of the Major Range and Test Facil- ity Base of the Department of Defense; and (ii) all other test and evaluation facilities and resources within and outside of the De- partment of Defense, other than budgets and expenditures for activities described in sec- tion 139(j) of this title. (B) To review proposed significant changes to the test and evaluation facilities and re- sources of the Major Range and Test Facility Base, including with respect to the expansion, divestment, consolidation, or curtailment of activities, before they are implemented by the Secretaries of the military departments or the heads of the Defense Agencies with test and evaluation responsibilities and advise the Sec- retary of Defense and the Under Secretary of Defense for Research and Engineering of the impact of such changes on the adequacy of such test and evaluation facilities and re- sources to meet the test and evaluation re- quirements of the Department. (C) To complete and maintain the quadren- nial strategic plan required by subsection (d). (D) To review proposed budgets under sub- section (e) and submit reports and certifi- cations required by such subsection. (E) To administer the Central Test and Eval- uation Investment Program and the program of the Department of Defense for test and evaluation science and technology. (F) To the extent practicable, to consult with the Secretary of the Army on installa- tion infrastructure, workforce requirements, information technology, and other resources that support the activities of the Major Range and Test Facility Base. (2) The Director shall have access to such records and data of the Department of Defense (including the appropriate records and data of each military department and Defense Agency) that are necessary in order to carry out the du- ties of the Director under this section. (d) QUADRENNIAL STRATEGIC PLAN FOR DEPART- MENT OF DEFENSE TEST AND EVALUATION RE- SOURCES.—(1) Not less often than once every four fiscal years, and within one year after release of the National Defense Strategy, the Under Sec- retary of Defense for Research and Engineering, in coordination with the Director of the Depart- ment of Defense Test Resource Management Center, the Director of Operational Test and Evaluation, the Director of the Defense Intel- ligence Agency, the Secretaries of the military departments, and the heads of Defense Agencies with test and evaluation responsibilities, shall complete a quadrennial strategic plan reflecting the future needs of the Department of Defense with respect to test and evaluation facilities and resources. Each quadrennial strategic plan shall cover the period of thirty fiscal years beginning with the fiscal year in which the plan is sub- mitted under paragraph (3). The quadrennial strategic plan shall be based on a comprehensive review of both funded and unfunded test and evaluation requirements of the Department, fu- ture threats to national security, and the ade- quacy of the test and evaluation facilities and resources of the Department to meet those fu- ture requirements and threats. (2) The quadrennial strategic plan shall in- clude the following: (A) An assessment of the test and evaluation requirements of the Department for the period covered by the plan. (B) An identification of performance meas- ures associated with the successful achieve- ment of test and evaluation objectives for the period covered by the plan. (C) An assessment of the test and evaluation facilities and resources that will be needed to meet current and future requirements for test and evaluation of the Department of Defense major weapon systems based on current and emerging threats. (D) An assessment of the current state of the test and evaluation facilities and resources of the Department. (E) An assessment of plans and business case analyses supporting any significant modifica- tion of the test and evaluation facilities and resources of the Department projected, pro- posed, or recommended by the Secretary of a