Successful Testing Required Prior to Final Production or Operational Deployment .—
The Secretary of Defense may not make a final production decision for, or operationally deploy, a covered system unless—
the Secretary ensures that—
sufficient and operationally realistic testing of the covered system is conducted to assess the performance of the covered system in order to inform a final production decision or an operational deployment decision; and
the results of such testing have demonstrated a high probability that the covered system—
will work in an operationally effective manner; and
has the ability to accomplish the intended mission of the covered system; and
the Director of Operational Test and Evaluation has carried out subsection (b) with respect to such covered system.
Assessment by Director of Operational Test and Evaluation .—
The Director of Operational Test and Evaluation shall—
provide to the Secretary the assessment of the Director, based on the available test data, of the sufficiency, adequacy, and results of the testing of each covered system, including an assessment of whether the covered system will be sufficiently effective, suitable, and survivable when needed; and
submit to the congressional defense committees a written summary of such assessment.
Rule of Construction .—
Nothing in this section shall be construed to alter, modify, or otherwise affect a determination of the Secretary with respect to the participation of the Missile Defense Agency in the Joint Capabilities Integration Development System or the acquisition reporting process under the Department of Defense Directive 5000 series, or to diminish the authority of the Secretary of Defense to deploy a missile defense system at the date on which the Secretary determines appropriate.
Covered System .—
In this section, the term “covered system” means a new or substantially upgraded interceptor or weapon system of the ballistic missile defense system.
Pub. L. 118–159, div. A, title XVI, § 1649(a)138 Stat. 2197(Added , , .)
Editorial Notes
Prior Provisions
act Aug. 10, 1956, ch. 104170A Stat. 319Pub. L. 85–861, § 36B(13)72 Stat. 1571section 972(a) of this titleA prior section 5536, , , related to extension of service by reason of time lost through misconduct or unauthorized absence, prior to repeal by , , . See .
Pub. L. 113–291, div. A, title XVI, § 1662128 Stat. 3657Pub. L. 115–91, div. A, title XVI, § 1677(b)131 Stat. 1774section 4205 of this titlePub. L. 118–159, div. A, title XVI, § 1649(b)(9)138 Stat. 2199Provisions similar to those in this section were contained in , , , as amended by , , , which was set out in a note under , prior to repeal by , , .