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Code · STATUTE-COMPILATIONS · National Defense Authorization Act for Fiscal Year 2022 · Sec. 223

Sec. 223. DEVELOPMENT AND IMPLEMENTATION OF DIGITAL TECHNOLOGIES FOR SURVIVABILITY AND LETHALITY TESTING

1,119 words·~5 min read·/statute-compilations/comps-16861/sec-223·

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## SEC. 223 DEVELOPMENT AND IMPLEMENTATION OF DIGITAL TECHNOLOGIES FOR SURVIVABILITY AND LETHALITY TESTING **[**[10 U.S.C. 4172 note](/us/usc/t10/s4172)**]** ###
(a)Expansion of Survivability and Lethality Testing ####
(1)In general The Secretary, in coordination with covered officials, shall— #####
(A)expand the survivability and lethality testing of covered systems to include testing against non-kinetic threats; and #####
(B)develop digital technologies to test such systems 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; and ######
(ii)a process to use data from physical live fire testing to inform and refine the digital technologies described in clause (i). #####
(B)Objectives In carrying out subparagraph (A), the Secretary shall seek to achieve the following objectives: ######
(i)Enable assessments of full spectrum survivability 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 assessments 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 spectrum survivability testing developed under subparagraph (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 required under clause (i). ######
(iii)Armed forces programs Of the programs selected pursuant to clause (ii), the Director 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 kinetic 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 provide timely and up-to-date insights with respect to covered systems without unduly delaying fielding of capabilities. ######
(ii)The situations in which it may be necessary 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, the Secretary shall submit to the congressional defense committees a report that identifies 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 defense committees a report that includes— ######
(i)an assessment of the progress of the Secretary in carrying out subsection (a); ######
(ii)an assessment of each of the demonstration activities carried out under subsection (a)(2)(C), including a comparison of— ######
(I)the risks, benefits, and costs of using digital technologies for live fire testing and evaluation; and ######
(II)the risks, benefits, and costs of traditional physical live fire testing approaches that— ######
(aa)are not supported by digital technologies; ######
(bb)do not include testing against non-kinetic threats; and ######
(cc)do not include full spectrum survivability; ######
(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 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); and ######
(III)the contribution of such data to the decision-support processes for managing and overseeing acquisition programs of the Department; ######
(iv)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; ######
(v)an assessment of the processes implemented by the Department to manage digital technologies developed pursuant to subsection (a); and ######
(vi)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. #####
(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 Acquisition and Sustainment; #####
(C)the Chief Information Officer; #####
(D)the Director; #####
(E)the Director of Cost Assessment and Program 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 Modernization 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, deceive, or destroy forces or missions. ####
(3)The term “Department” means the Department of Defense. ####
(4)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. ####
(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 communications, firepower, mobility, catastrophic survivability, and lethality of a covered system. ####
(7)The term “non-kinetic threats” means unconventional threats, including— #####
(A)cyber attacks; #####
(B)electromagnetic spectrum operations; #####
(C)chemical, biological, radiological, nuclear effects and high yield explosives; and #####
(D)directed energy weapons. ####
(8)The term “Secretary” means the Secretary of Defense.
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Sec. 223
DEVELOPMENT AND IMPLEMENTATION OF DIGITAL TECHNOLOGIES FOR SURVIVABILITY AND LETHALITY TESTING
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