Sec. 804. Modifications to modular open systems approach
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/bill/119/s/2296/es/section-804A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 4401 of title 10, United States Code, is amended to read as follows: In this chapter: The term authorized third party means an entity approved by the Department of Defense to access developer resources for integration or sustainment. The term industry standards means widely adopted technical standards or protocols from recognized organizations. The term machine-readable format means a format that can be easily processed by a computer without human intervention. The term major system component — means a high-level subsystem or assembly, including hardware, software, or an integrated assembly of both, that can be mounted or installed on a major system platform through modular system interfaces; and includes a subsystem or assembly that is likely to have additional capability requirements, is likely to change because of evolving technology or threat, is needed for interoperability, facilitates incremental deployment of capabilities, or is expected to be replaced by another major system component.
The term major system platform means the highest level structure of a system that is not physically mounted or installed onto a higher level structure and on which a major system component can be physically mounted or installed. The term modular open systems approach
(MOSA)means a system design approach using modular systems, enabling innovation and competition in the development, sustainment, or upgrade of weapon systems. The term modular system refers to a weapon system or weapon system component that— is able to execute independently without relying on the execution of other specific systems or components; can communicate across component boundaries and through modular system interfaces; and functions as a module that can be separated, recombined, and connected with other weapon systems or weapon systems components in order to achieve various effects, missions, or capabilities. The term modular systems interfaces means a shared boundary between modular systems, defined by various physical, logical, and functional characteristics, such as electrical, mechanical, fluidic, optical, radio frequency, data, networking, or software elements, that is free of proprietary restrictions and documented via a machine-readable format, including— software-defined interface syntax and properties, specifically governing how values are validly passed to and received; definition of the relationship between the delivered interface and interfaces available in the repositories established pursuant to section 4403 of this title; and test cases, including example code, demonstrating the proper use of the modular systems interface. The term operational data means government-owned data generated by or necessary for system operation, maintenance, or enhancement. . Section 4402 of title 10, United States Code, is amended by striking subsections
(a)through
(f)and inserting the following: The Secretary of Defense shall ensure that every major defense acquisition program (as defined in section 4201 of this title) submits a modular open systems approach
(MOSA)implementation plan within its acquisition strategy, detailing compliance with this section. Other defense acquisition programs shall incorporate MOSA to the maximum extent practicable. In the case of a major defense acquisition program that uses a modular open system approach, the acquisition strategy required under section 4211 of this title shall— clearly describe the modular open system approach to be used for the program; differentiate between the major system platform and major system components being developed under the program, as well as major system components developed outside the program that will be integrated into the major defense acquisition program; clearly describe the evolution of major system components that are anticipated to be added, removed, or replaced in subsequent increments; clearly describe security classification requirements for each major system component as related to the modular system interface for that component; clearly describe how intellectual property and related issues, such as technical data deliverables, that are necessary to support a modular open system approach, will be addressed; and clearly describe the approach to systems integration and systems-level configuration management to ensure mission and information assurance. Contracts for covered programs shall include enforceable clauses requiring delivery of data rights consistent with sections 3771 through 3775 of this title and modular systems interfaces as specified in subsection (c). The Secretary of Defense may waive specific MOSA requirements, or deviate from the requirements in subsection (c), for a program only if— deviation would demonstrably impair national security or operational capability; and a detailed justification is submitted to the congressional defense committees not later than 30 days after issuing the waiver. All covered programs shall require the use of modular systems, including— modular systems interfaces published to the repositories established pursuant to section 4403 of this title; delivery of sufficient data rights to share developer resources with authorized third parties for government purposes, as determined by the Secretary of Defense; allowing for the use of existing industry standards for interfaces where applicable; government ownership of operational data in a usable, nonproprietary format, extractable without original equipment manufacturer dependency; and system designs allowing integration of new or substitute modules with minimal manual reconfiguration, provided they conform to relevant modular systems interfaces published to the repositories. The Secretary of Defense, secretaries of military departments, and commanders of combatant commands with acquisition authorities shall not— unless required for operational compatibility with existing legacy systems, mandate specific internal technical implementations, data structures, defense specific standards, or formats beyond the necessity that there are modular systems with modular systems interfaces published to the relevant repository; or permit contracts restricting government control over developer resources or operational data, or locking the government into a single vendor, absent a national security exemption. Contractors providing modular systems shall upload required modular systems interface data to an appropriate repository. Contract closeout shall not occur until such uploads are verified by the contracting officer. Not later than one year after the date of the enactment of this subsection, the Under Secretary of Defense for Acquisition and Sustainment shall issue regulations and guidance to implement this section across military departments, Defense agencies, and combatant commands. The requirements of this section shall not apply to programs with approved acquisition strategies at the time of the date of the enactment of this subsection. Requirements shall not prescribe specific technologies or limit contractor innovation, provided interface documentation obligations are met, nor exclude new entrants or small businesses capable of compliance. Requirements shall not force the use of industry or consensus-based standards except as necessary to interface with existing systems using such standards. . Section 4403 of title 10, United States Code, is amended by striking paragraphs
(1)and
(2)and inserting the following new paragraphs: establish a federated set of digital repositories within the Department of Defense to store modular systems interfaces required under subsection
(c)of section 4402 of this title, which shall— feature authentication and access controls to protect sensitive data; enable contractors to publish and manage their contributions (at approved access levels) with accountability and version control; be searchable and accessible to authorized Department of Defense components and contractors based on access levels; and incorporate cybersecurity measures consistent with Department of Defense standards; ensure distribution of interfaces to promote interoperability, consistent with the requirements of section 3771 of this title, by— providing access to interfaces and relevant documentation in the repository established in paragraph
(1)to authorized Federal Government and nongovernmental entities; and restricting nongovernmental entities that receive access under subparagraph
(A)from further release, disclosure, or use such data except as authorized; .