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

Summary

Require that when a new major defense acquisition program starts development, the official in charge must create a "sustainment plan" for the current system the new one will replace. The plan must budget to keep the old system working until the new system is fielded and takes on most of the mission. This rule does not apply to programs that reached initial operational capability before October 1, 2008. Defense acquisition authority — the Secretary of a military department or the commander of U.S. Special Operations Command. Each sustainment plan must include at least a milestone schedule with dates for low-rate initial production, initial operational capability, full-rate production, full operational capability, and the date when the replacement will take most mission responsibility; an analysis of funding needed to keep the old system reliable, available, and mission-capable against threats; and whether to transfer mature technologies and ensure interoperability with the new system until the new system assumes most responsibility. The Secretary of Defense may exempt a program if the old system is irrelevant, the mission is gone, the mission is merged and another system can handle it, or the replacement will take over quickly enough. The Secretary may also waive the rule for national security reasons but must send a written notice and explanation to the congressional defense committees.