12 2 STA T .453 1 PUBLIC LA W 11 0– 41 7—O CT. 14 , 200 8to o lingas so c iat edw it h the pr od u ction o f hardware for a m a j or defense ac q uisition program through the end of the ser v ice life of the end item associated with such a program .S uch guidance shall —(1) require that the milestone decision authorit y approve a plan , including the identification of any contract clauses, facilities, and funding required, for the preservation and storage of such tooling prior to M ilestone C approval
( 2 ) require that the milestone decision authority periodi - cally review the plan required b y paragraph (1) prior to the end of the service life of the end item, to ensure that the preservation and storage of such tooling remains adequate and in the best interest of the D epartment of Defense; ( 3 ) provide a mechanism for the Secretary to waive the requirement for preservation and storage of unique production tooling, or any category of unique production tooling, if the Secretary— ( A )ma k es a written determination that such a waiver is in the best interest of the Department of Defense; and ( B ) notifies the congressional defense committees of the waiver upon making such determination; and ( 4 ) provide such criteria as necessary to guide a determina- tion made pursuant to paragraph (3)(A). (b) D EFIN I T I O N S .— I n this section
(1) M AJ O RD EFENSE A CQU ISITION P RO G RA M .— T he term ‘ ‘major defense acquisition program ’ ’ has the meaning provided in section 243 0 of title 10, U nited States Code. (2) MI L ESTONE DECISION AUT H ORIT Y .—The term ‘‘milestone decision authority’’ has the meaning provided in section 23 6 6a(f)(2) of such title. (3) MILESTONE C APPRO V AL.—The term ‘‘Milestone C approval’’ has the meaning provided in section 2366(e)( 8 )of such title. Subti t leC—Am e nd ment s t oG ene ra l Con - tra c tin g Aut h orities ,P rocedures, and L imitations SEC.821 . D E FIN I T I O NOFS Y STE M FO R DEFENSE A C QU ISITION C H A L- LEN G E P ROGRAM. Section 23 59 b of title 10, United States Code, is amended by adding at the end the following new subsection: ‘‘(l) SYSTEM DEFINED.—In this section, the term ‘system’— ‘‘(1) means— ‘‘(A) the organi z ation of hardware, software, material, facilities, personnel, data, and services needed to perform a designated function with specified results (such as the gathering of specified data, its processing, and its delivery to users); or ‘‘(B) a combination of two or more interrelated pieces (or sets) of equipment arranged in a functional package to perform an operational function or to satisfy a require- ment; and ‘‘(2) includes a major system (as defined in section 2302(5) of this title).’’. Notif i ca tio n.De te rm ination.
�
