10 U.S.C. § 4402 — Requirement to address modular open

Page 2761 TITLE 10—ARMED FORCES § 4402 ‘‘(B) COVERAGE.—The assessment required under subparagraph (A) shall include— ‘‘(i) an evaluation as to how the technologies referred to in such subparagraph could be used in conjunction with or instead of existing cybersecurity standards, frameworks, and tech- nologies designed to enable communication be- tween, and coordination of, cybersecurity tools; ‘‘(ii) as appropriate, demonstrations by the Chief Information Office of the use of such tech- nologies in enabling communication between, and coordination of, previously incompatible cybersecurity tools; and ‘‘(iii) as appropriate, demonstrations of the use of such technologies in enabling communication between previously incompatible business sys- tems. ‘‘(3) SUSTAINMENT OF CERTAIN ENGINEERING RE- SOURCES AND CAPABILITIES.—During the period the demonstrations and assessments required under this subsection are conducted, and thereafter to the ex- tent required to execute the activities directed by the Joint All-Domain Command and Control cross-func- tional team, the Joint All-Domain Command and Control cross-functional team shall sustain the Sys- tem of Systems Technology Integration Tool Chain for Heterogeneous Electronic Systems engineering resources and capabilities developed by the Defense Advanced Research Projects Agency. ‘‘(4) TRANSFER OF RESPONSIBILITY.—Not earlier than 1 year before, and not later than 2 years after the date of the enactment of this Act, the Secretary of Defense may transfer responsibility for maintaining the engineering resources and capabilities described in paragraph (3) to a different organization within the Department. ‘‘(e) OPEN STANDARDS.—Nothing in this section shall be construed as requiring, preventing, or interfering with the use or application of any given communica- tion standard or interface. The communication de- scribed in subsection (a)(2)(A) may be accomplished by using existing open standards, by the creation and use of new open standards, or through other approaches, provided that such standards meet the requirements of subsection (a)(2)(B). ‘‘(f) DEFINITIONS.—In this section: ‘‘(1) The term ‘covered technology’ means the do- main-specific programming language for interface field transformations and its associated compilation toolchain (commonly known as the ‘System of Sys- tems Technology Integration ToolChain for Hetero- geneous Electronic Systems’) developed under the Defense Advanced Research Projects Agency System of Systems Integration Technology and Experimen- tation program, or any other technology that is func- tionally equivalent. ‘‘(2) The term ‘desired modularity’ means the de- sired degree to which weapon systems, components within a weapon system, and components across weapon systems can function as modules that can communicate across component boundaries and through interfaces and can be separated and recom- bined to achieve various effects, missions, or capa- bilities, as determined by the program officer for such weapon system. ‘‘(3) The term ‘machine-readable format’ means a format that can be easily processed by a computer without human intervention. ‘‘(4) The terms ‘major system’, ‘major system com- ponent’, ‘modular open system approach’, ‘modular system’, ‘modular system interface’, and ‘weapon sys- tem’ have the meanings given such terms, respec- tively, in section 2446a of title 10, United States Code [now 10 U.S.C. 4401].’’ § 4402. Requirement to address modular open system approach in program capabilities de- velopment and acquisition weapon system design (a) PROGRAM CAPABILITY DOCUMENT.—A pro- gram capability document for a major defense acquisition program shall identify and charac- terize— (1) the extent to which requirements for sys- tem performance are likely to evolve during the life cycle of the system because of evolv- ing technology, threat, or interoperability needs; and (2) for requirements that are expected to evolve, the minimum acceptable capability that is necessary for initial operating capa- bility of the major defense acquisition pro- gram. (b) ANALYSIS OF ALTERNATIVES.—The Director of Cost Assessment and Performance Evalua- tion, in formulating study guidance for analyses of alternatives for major defense acquisition programs and performing such analyses under section 139a(d)(4) of this title, shall ensure that any such analysis for a major defense acquisi- tion program includes consideration of evolu- tionary acquisition, prototyping, and a modular open system approach. (c) ACQUISITION STRATEGY.—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— (1) clearly describe the modular open system approach to be used for the program; (2) differentiate between the major system platform and major system components being developed under the program, as well as major system components developed outside the pro- gram that will be integrated into the major defense acquisition program; (3) clearly describe the evolution of major system components that are anticipated to be added, removed, or replaced in subsequent in- crements; (4) identify additional major system compo- nents that may be added later in the life cycle of the major system platform; (5) 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 ad- dressed; and (6) clearly describe the approach to systems integration and systems-level configuration management to ensure mission and informa- tion assurance. (d) REQUEST FOR PROPOSALS.—The milestone decision authority for a major defense acquisi- tion program that uses a modular open system approach shall ensure that a request for pro- posals for the development or production phases of the program shall describe the modular open system approach and the minimum set of major system components that must be included in the design of the major defense acquisition program. (e) MILESTONE B.—A major defense acquisition program may not receive Milestone B approval under section 4252 of this title until the mile- stone decision authority determines in writing— (1) in the case of a program that uses a mod- ular open system approach, that— (A) the program incorporates clearly de- fined major system interfaces between the major system platform and major system components, between major system compo- nents, and between major system platforms; Page 2762 TITLE 10—ARMED FORCES § 4403 (B) such major system interfaces are con- sistent with the widely supported and con- sensus-based standards that exist at the time of the milestone decision, unless such standards are unavailable or unsuitable for particular major system interfaces; and (C) the Government has arranged to obtain appropriate and necessary intellectual prop- erty rights with respect to such major sys- tem interfaces upon completion of the devel- opment of the major system platform; or (2) in the case of a program that does not use a modular open system approach, that the use of a modular open system approach is not practicable. (f) IMPLEMENTATION GUIDANCE.—The Secre- taries of the military departments shall issue guidance to implement the requirements of this section. (Added Pub. L. 114–328, div. A, title VIII, § 805(a)(1), Dec. 23, 2016, 130 Stat. 2253, § 2446b; amended Pub. L. 115–91, div. A, title X, § 1081(a)(40), Dec. 12, 2017, 131 Stat. 1596; Pub. L. 116–92, div. A, title VIII, § 840(a), Dec. 20, 2019, 133 Stat. 1499; renumbered § 4402 and amended Pub. L. 116–283, div. A, title XVIII, § 1851(b)(1), (3), Jan. 1, 2021, 134 Stat. 4272.) Editorial Notes AMENDMENTS 2021—Pub. L. 116–283, § 1851(b)(1), renumbered section 2446b of this title as this section. Subsec. (c). Pub. L. 116–283, § 1851(b)(3)(A), substituted ‘‘section 4211’’ for ‘‘section 2431a’’ in introductory pro- visions. Subsec. (e). Pub. L. 116–283, § 1851(b)(3)(B), substituted ‘‘section 4252’’ for ‘‘section 2366b’’ in introductory pro- visions. 2019—Subsec. (f). Pub. L. 116–92 added subsec. (f). 2017—Subsec. (e). Pub. L. 115–91 substituted ‘‘in writ- ing—’’ for ‘‘in writing that—’’ in introductory provi- sions and inserted ‘‘, that’’ after ‘‘open system ap- proach’’ in introductory provisions of par. (1). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title. EFFECTIVE DATE Section effective Jan. 1, 2017, see section 805(a)(4) of Pub. L. 114–328, set out as a note under section 4401 of this title. § 4403. Requirements relating to availability of major system interfaces and support for modular open system approach The Secretary of each military department shall— (1) coordinate with the other military de- partments, the defense agencies, defense and other private sector entities, national stand- ards-setting organizations, and, when appro- priate, with elements of the intelligence com- munity with respect to the specification, iden- tification, development, and maintenance of major system interfaces and standards for use in major system platforms, where practicable; (2) ensure that major system interfaces in- corporate commercial standards and other widely supported consensus-based standards that are validated, published, and maintained by recognized standards organizations to the maximum extent practicable; (3) ensure that sufficient systems engineer- ing and development expertise and resources are available to support the use of a modular open system approach in requirements devel- opment and acquisition program planning; (4) ensure that necessary planning, program- ming, and budgeting resources are provided to specify, identify, develop, and sustain the modular open system approach, associated major system interfaces, systems integration, and any additional program activities nec- essary to sustain innovation and interoper- ability; (5) ensure that adequate training in the use of a modular open system approach is provided to members of the requirements and acquisi- tion workforce; and (6) issue guidance to implement the require- ments of this section. (Added Pub. L. 114–328, div. A, title VIII, § 805(a)(1), Dec. 23, 2016, 130 Stat. 2255, § 2446c; amended Pub. L. 116–92, div. A, title VIII, § 840(b), Dec. 20, 2019, 133 Stat. 1499; renumbered § 4403, Pub. L. 116–283, div. A, title XVIII, § 1851(b)(1), Jan. 1, 2021, 134 Stat. 4272.) Editorial Notes PRIOR PROVISIONS Prior sections 4411 to 4414 were renumbered sections 7481 to 7484 of this title, respectively. A prior section 4415, added Pub. L. 100–180, div. A, title III, § 319(a)(1), Dec. 4, 1987, 101 Stat. 1077; amended Pub. L. 100–526, title I, § 106(c), Oct. 24, 1988, 102 Stat. 2625, related to United States Army School of the Americas, prior to repeal by Pub. L. 106–398, § 1 [[div. A], title IX, § 911(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A- 228. Prior sections 4416 and 4417 were renumbered sections 7486 and 7487 of this title, respectively. AMENDMENTS 2021—Pub. L. 116–283 renumbered section 2446c of this title as this section. 2019—Par. (6). Pub. L. 116–92 added par. (6). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title. EFFECTIVE DATE Section effective Jan. 1, 2017, see section 805(a)(4) of Pub. L. 114–328, set out as a note under section 4401 of this title. SUBCHAPTER II—DEVELOPMENT, PROTO- TYPING, AND DEPLOYMENT OF WEAPON SYSTEM COMPONENTS OR TECHNOLOGY Sec. 4421. Weapon system component or technology pro- totype projects: display of budget informa- tion.