§ 4321. Development of major defense acquisition programs: sustainment of system to be replaced

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2004

   Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

   Pub. L. 108–375 div. A title VIII § 805(a)(1) · 118 Stat. 1811

   Enacted · 10 U.S.C. § 4321

   Added Pub. L. 108–375, div. A, title VIII, § 805(a)(1), Oct. 28, 2004, 118 Stat. 2008, § 2437

   Source evidence

   Code source credit
   Added Pub. L. 108–375, div. A, title VIII, § 805(a)(1), Oct. 28, 2004, 118 Stat. 2008, § 2437

   Enacted provision · exact public law section
   (1) Chapter 144 of title 10, United States Code, is amended by inserting after section 2436 the following new section: “§ 2437. Development of major defense acquisition programs: sustainment of system to be replaced “(a) Requirement for Sustaining Existing Forces.— (1) The Secretary of Defense shall require that, whenever a new major defense acquisition program begins development, the defense acquisition authority responsible for that program shall develop a plan (to be known as a ‘sustainment plan’) for the existing system that the system under development is intended to replace. Any such sustainment plan shall provide for an appropriate level of budgeting for sustaining the existing system until the replacement system to be developed under the major defense acquisition program is fielded and assumes the majority of responsibility for the mission of the existing system. This section does not apply to a major defense acquisition that reaches initial operational capability before October 1, 2008. “(2) In this section, the term ‘defense acquisition authority’ means the Secretary of a military department or the commander of the United States Special Operations Command. “(b) Sustainment Plan.— The Secretary of Defense shall require that each sustainment plan under this section include, at a minimum, the following: “(1) The milestone schedule for the development of the major defense acquisition program, including the scheduled dates for low-rate initial production, initial operational capability, full-rate production, and full operational capability and the date as of when the replacement system is scheduled to assume the majority of responsibility for the mission of the existing system. “(2) An analysis of the existing system to assess the following: “(A) Anticipated funding levels necessary to— “(i) ensure acceptable reliability and availability rates for the existing system; and “(ii) maintain mission capability of the existing system against the relevant threats. “(B) The extent to which it is necessary and appropriate to— “(i) transfer mature technologies from the new system or other systems to enhance the mission capability of the existing system against relevant threats; and “(ii) provide interoperability with the new system during the period from initial fielding until the new system assumes the majority of responsibility for the mission of the existing system. “(c) Exceptions.— Subsection (a) shall not apply to a major defense acquisition program if the Secretary of Defense determines that— “(1) the existing system is no longer relevant to the mission; “(2) the mission has been eliminated; “(3) the mission has been consolidated with another mission in such a manner that another existing system can adequately meet the mission requirements; or “(4) the duration of time until the new system assumes the majority of responsibility for the existing system’s mission is sufficiently short so that mission availability, capability, interoperability, and force protection requirements are maintained. “(d) Waiver.— The Secretary of Defense may waive the applicability of subsection (a) to a major defense acquisition program if the Secretary determines that, but for such a waiver, the Department would be unable to meet national security objectives. Whenever the Secretary makes such a determination and authorizes such a waiver, the Secretary shall submit notice of such waiver and of the Secretary’s determination and the reasons therefor in writing to the congressional defense committees.” .

2. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 div. A title XVIII § 1848(b) · 134 Stat. 3388

   Changed · 10 U.S.C. § 4321

   Pub. L. 116–283 renumbered section 2437 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 116–283 renumbered section 2437 of this title as this section.

   Enacted provision · exact public law section
   (b) Transfer of Section 2437.— Section 2437 of title 10, United States Code, is transferred to chapter 323 of such title, as added by subsection (a), inserted after the table of sections at the beginning, and redesignated as section 4321.

   Effective date note
   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.

2 of 2 references resolved to an enrolled provision