118 STAT. 2009 PUBLIC LAW 108–375—OCT. 28, 2004 ‘‘(2) An analysis of the existing system to assess the fol lowing: ‘‘(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 capa bility 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 main tained. ‘‘(d) WAIVER.—The Secretary of Defense may waive the applica bility of subsection (a) to a major defense acquisition program if the Secretary determines that, but for such a waiver, the Depart ment would be unable to meet national security objectives. When ever 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) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2436 the following new item: ‘‘2437. Development of major defense acquisition programs: sustainment of system to be replaced.’’. (b) APPLICATION TO EXISTING PROGRAMS IN DEVELOPMENT.— Section 2437 of title 10, United States Code, as added by subsection (a), shall apply with respect to a major defense acquisition program for a system that is under development as of the date of the enactment of this Act and is not expected to reach initial operational capability before October 1, 2008. The Secretary of Defense shall require that a sustainment plan under that section be developed not later than one year after the date of the enactment of this Act for the existing system that the system under development is intended to replace. Deadline. 10 USC 2437 note.
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