118 STAT. 2008 PUBLIC LAW 108–375—OCT. 28, 2004 term does not include the Secretary of Homeland Security or the Administrator of the National Oceanic and Atmospheric Administration. ‘‘(2) The term ‘inherently governmental functions’ has the meaning given such term in subpart 7.5 of part 7 of the Federal Acquisition Regulation. ‘‘(3) The term ‘functions closely associated with inherently governmental functions’ means the functions described in sec tion 7.503(d) of the Federal Acquisition Regulation. ‘‘(4) The term ‘organizational conflict of interest’ has the meaning given such term in subpart 9.5 of part 9 of the Federal Acquisition Regulation.’’. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2382 the following new item: ‘‘2383. Contractor performance of acquisition functions closely associated with inher ently governmental functions.’’. (b) EFFECTIVE DATE.—Section 2383 of title 10, United States Code (as added by subsection (a)), shall apply to contracts entered into on or after the date of the enactment of this Act. SEC. 805. SUSTAINMENT PLANS FOR EXISTING SYSTEMS WHILE REPLACEMENT SYSTEMS ARE UNDER DEVELOPMENT. (a) EXISTING SYSTEMS TO BE MAINTAINED WHILE REPLACEMENT SYSTEMS ARE UNDER DEVELOPMENT.—(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 replace ment 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 capa bility 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 capa bility, 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. 10 USC 2383 note.
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