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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle A—Acquisition Policy and Management.

P. L. 116-

House Conference Report   116-617

SEC. 804. IMPLEMENTATION OF MODULAR OPEN SYSTEMS APPROACHES.

(a) Requirements for Interface Delivery.--

(1) In general.--Not later than one year after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Joint All-Domain Command and Control cross-functional team and the Director for Command, Control, Communications, and Computers/Cyber, shall issue regulations and guidance applicable to the military departments, Defense Agencies, Department of Defense Field Activities (as such terms are defined, respectively, in section 101 of title 10, United States Code), and combatant commands, as appropriate, to--

(A) facilitate the Department of Defense's access to and utilization of modular system interfaces;

(B) fully realize the intent of chapter 144B of title 10, United States Code, by facilitating the implementation of modular open system approaches across major defense acquisition programs (as defined in section 2430 of title 10, United States Code) and other relevant acquisition programs, including in the acquisition and sustainment of weapon systems, platforms, and components for which no common interface standard has been established, to enable communication between such weapon systems, platforms, and components; and

(C) advance the efforts of the Department to generate diverse and recomposable kill chains.

(2) Elements.--The regulations and guidance required under paragraph (1) shall include requirements that--

(A) the program officer for each weapon system characterizes, in the acquisition strategy required under section 2431a of title 10, United States Code or in other documentation, the desired modularity of the weapon system for which the program officer is responsible, including--

(i) identification of--

(I) the modular systems that comprise the weapon system;

(II) the information that should be communicated between individual modular systems (such as tracking and targeting data or command and control instructions); and

(III) the desired function of the communication between modular systems (such as fire control functions); and

(ii) a default configuration specifying which modular systems should communicate with other modular systems, including modular systems of other weapon systems;

(B) each relevant Department of Defense contract entered into after the date on which the regulations and guidance required under paragraph (1) are implemented includes requirements for the delivery of modular system interfaces for modular systems deemed relevant in the acquisition strategy or documentation referred to in subparagraph (A), including--

(i) software-defined interface syntax and properties, specifically governing how values are validly passed and received between major subsystems and components, in machine-readable format;

(ii) a machine-readable definition of the relationship between the delivered interface and existing common standards or interfaces available in the interface repositories established pursuant to subsection (c); and

(iii) documentation with functional descriptions of software-defined interfaces, conveying semantic meaning of interface elements, such as the function of a given interface field;

(C) the relevant program offices, including those responsible for maintaining and upgrading legacy systems--

(i) that have not characterized the desired modularity of the systems nevertheless meet the requirements of paragraph (2)(A), if the program officers make an effort, to the extent practicable, to update the acquisition strategies required under section 2431a of title 10, United States Code, or to develop or update other relevant documentation; and

(ii) that have awarded contracts that do not include the requirements specified in subparagraph (B) of paragraph (2) nevertheless acquire, to the extent practicable, the items specified in clauses (i) through

(iii) of such subparagraph, either through contractual updates, separate negotiations or contracts, or program management mechanisms; and

(D) the relevant program officers deliver modular system interfaces and the associated documentation to at least one of the repositories established pursuant to subsection (c).

(3) Applicability of regulations and guidance.--

(A) Applicability.--The regulations and guidance required under paragraph (1) shall apply to any program office responsible for the prototyping, acquisition, or sustainment of a new or existing weapon system.

(B) Extension of scope.--Not earlier than 1 year before, and not later than 2 years after the regulations and guidance required under paragraph (1) are issued for weapon systems, the Under Secretary of Defense for Acquisition and Sustainment may extend such regulations and guidance to apply to software-based non-weapon systems, including business systems and cybersecurity systems.

(4) Inclusion of components.--For the purposes of paragraph (2)(A), each component that meets the following requirements shall be treated as a modular system:

(A) A component that is able to execute without requiring coincident execution of other weapon systems or components and can communicate across component boundaries and through interfaces.

(B) A component that can be separated from and recombined with other weapon systems or components to achieve various effects, missions, or capabilities.

(C) A component that is covered by a unique contract line item.

(5) Machine-readable definition.--Where appropriate and available, the requirement in paragraph (2)(B)(ii) for a machine-readable definition may be satisfied by using a covered technology.

(b) Extension of Modular Open Systems Approach and Rights in Interface Software.--

(1) Requirement for modular open system approach.--Section 2446a of title 10, United States Code, is amended--

(A) in subsection (a), by adding at the end the following: ``Other defense acquisition programs shall also be designed and developed, to the maximum extent practicable, with a modular open system approach to enable incremental development and enhance competition, innovation, and interoperability.'';

(B) in subsection (b)--

(i) in paragraph (1)--

(I) in subparagraph (A), by striking ``major system interfaces'' and all that follows and inserting ``modular system interfaces between major systems, major system components and modular systems;'';

(II) in subparagraph (B), by striking ``major system interfaces'' and all that follows and inserting the following: ``that relevant modular system interfaces--

``(i) comply with, if available and suitable, widely supported and consensus-based standards; or

``(ii) are delivered pursuant to the requirements established in subsection (a)(2)(B) of section 804 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, including the delivery of--

``(I) software-defined
interface syntax and
properties, specifically
governing how values are
validly passed and received
between major subsystems and
components, in machine-readable format;

``(II) a machine-readable definition of the relationship between the delivered interface and existing common standards or interfaces available in Department interface repositories; and

``(III) documentation with functional descriptions of software-defined interfaces, conveying semantic meaning of interface elements, such as the function of a given interface field;''; and

(III) in subparagraph (C), by inserting ``and modular systems'' after ``severable major system components'';

(ii) in paragraph (3)(A), by striking ``well-defined major system interfaces'' and inserting ``modular system interfaces'';

(iii) by amending paragraph (4) to read as follows:

``(4) The term `modular system interface' means a shared boundary between major systems, major system components, or modular systems, defined by various physical, logical, and functional characteristics, such as electrical, mechanical, fluidic, optical, radio frequency, data, networking, or software elements.'';

(iv) by redesignating paragraphs (5) through (8) as paragraphs (6) through (9), respectively; and

(v) by inserting after paragraph (4) the following new paragraph:

``(5) The term `modular system' refers to a weapon system or weapon system component that--

``(A) is able to execute without requiring coincident execution of other specific weapon systems or components;

``(B) can communicate across component boundaries and through interfaces; and

``(C) functions as a module that can be separated, recombined, and connected with other weapon systems or weapon system components in order to achieve various effects, missions, or capabilities.''.

(2) Rights in technical data.--

(A) In general.--Section 2320 of title 10, United States Code, is amended--

(i) in subsection (a)(2), by amending subparagraph (G) to read as follows:

``(G) Modular system interfaces developed exclusively at private expense or with mixed funding.--Notwithstanding subparagraphs (B) and (E), the United States shall have government purpose rights in technical data pertaining to a modular system interface developed exclusively at private expense or in part
with Federal funds and in part at private expense and used in a modular open system approach pursuant to section 2446a of this title, except in any case in which the Secretary of Defense determines that negotiation of different rights in such technical data would be in the best interest of the United States. Such modular system interface shall be identified in the contract solicitation and the contract. For technical data pertaining to a modular system interface developed exclusively at private expense for which the United States asserts government purpose rights, the Secretary of Defense shall negotiate with the
contractor the appropriate and reasonable compensation for such technical data.''; and

(ii) in subsection (h), by striking ``, `major system interface''' and inserting ``, `modular system interface'''.

(B) Regulations.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall update the regulations required by section 2320(a)(1) of title 10, United States Code, to reflect the amendments made by this paragraph.

(c) Interface Repositories.--

(1) Establishment.--Not later than 90 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall--

(A) direct the Secretaries concerned and the heads of other appropriate Department of Defense components to establish and maintain repositories for interfaces, syntax and properties, documentation, and communication implementations delivered pursuant to the requirements established under subsection (a)(2)(B);

(B) establish and maintain a comprehensive index of interfaces, syntax and properties, documentation, and communication implementations delivered pursuant to the requirements established under subsection (a)(2)(B) and maintained in the repositories required under subparagraph (A); and

(C) if practicable, establish and maintain an alternate reference repository of interfaces, syntax and properties, documentation, and communication implementations delivered pursuant to the requirements established under subsection (a)(2)(B).

(2) Distribution of interfaces.--

(A) In general.--Consistent with the requirements of section 2320 of title 10, United States Code, the Under Secretary of Defense for Acquisition and Sustainment shall, in coordination with the Director of the Defense Standardization Program Office, use the index and repositories established pursuant to paragraph (1) to provide access to interfaces and relevant documentation to authorized Federal Government and non-Governmental entities.

(B) Non-government recipient use limits.--A non-Governmental entity that receives access under subparagraph (A) may not further release, disclose, or use such data except as authorized.

(d) System of Systems Integration Technology and Experimentation.--

(1) Demonstration and assessment.--

(A) In general.--Not later than one year after the date of the enactment of this Act, the Director for Command, Control, Communications, and Computers/Cyber and the Chief Information Officer of the Department of Defense, acting through the Joint All-Domain Command and Control cross-functional team, shall conduct demonstrations and complete an assessment of the technologies developed under the System of Systems Integration Technology and Experimentation program of the Defense Advanced Research Projects Agency, including a covered technology, and the applicability of any such technologies to the Joint All-Domain Command and Control architecture.

(B) Coverage.--The demonstrations and assessment required under subparagraph (A) shall include--

(i) at least three demonstrations of the use of a covered technology to create, under constrained schedules and budgets, novel kill chains involving previously incompatible weapon systems, sensors, and command, control, and communication systems from multiple military services in cooperation with United States Indo-Pacific Command or United States European Command;

(ii) an evaluation as to whether the communications enabled via a covered technology are sufficient for military missions and whether such technology results in any substantial performance loss in communication between systems, major subsystems, and major components;

(iii) an evaluation as to whether a covered technology obviates the need to develop, impose, and maintain strict adherence to common communication and interface standards for weapon systems;

(iv) the appropriate roles and responsibilities of the Chief Information Officer of the Department of Defense, the Under Secretary of Defense for Acquisition and Sustainment, the heads of the combatant commands, the Secretaries concerned, the Defense Advanced Research Projects Agency, and the defense industrial base in using and maintaining a covered technology to generate diverse and recomposable kill chains as part of the Joint All-Domain Command and Control architecture;

(v) for at least one of the demonstrations conducted under clause (i), demonstration of the use of technology developed under the High-Assurance Cyber Military Systems program of the Defense Advanced Research Projects Agency to secure legacy weapon systems and command and control capabilities while facilitating interoperability;

(vi) an evaluation of how the technology referred to in clause (v) and covered technology should be used
to improve cybersecurity and interoperability across critical weapon systems and command and control capabilities across the joint forces; and

(vii) coordination with the program manager for the Time Sensitive Targeting Defeat program under the Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Intelligence and Security.

(2) Chief information officer assessment.--

(A) In general.--The Chief Information Officer for the Department of Defense, in coordination with the Principal Cyber Advisor to the Secretary of Defense and the Director of the Cybersecurity Directorate of the National Security Agency, shall assess the technologies developed under the System of Systems Integration Technology and Experimentation program of the Defense Advanced Research Projects Agency, including the covered technology, and applicability of such technology to the business systems and cybersecurity tools of the Department.

(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 technologies designed to enable communication between, and coordination of, cybersecurity tools;

(ii) as appropriate, demonstrations by the Chief Information Office of the use of such technologies 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 systems.

(3) Sustainment of certain engineering resources and capabilities.--During the period the demonstrations and assessments required under this subsection are conducted, and thereafter to the extent required to execute the activities directed by the Joint All-Domain Command and Control cross-functional team, the Joint All-Domain Command and Control cross-functional team shall sustain the System 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 communication standard or interface. The communication described 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 domain-specific programming language for interface field transformations and its associated compilation toolchain (commonly known as the ``System of Systems Technology Integration ToolChain for Heterogeneous Electronic Systems'') developed under the Defense Advanced Research Projects Agency System of Systems Integration Technology and Experimentation program, or any other technology that is functionally equivalent.

(2) The term ``desired modularity'' means the desired 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 recombined to achieve various effects, missions, or capabilities, 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 component'', ``modular open system approach'', ``modular system'', ``modular system interface'', and ``weapon system'' have the meanings given such terms, respectively, in section 2446a of title 10, United States Code.

Implementation of modular open systems approaches (sec. 804)

The Senate amendment contained a provision (sec. 861) that would require that not later than 1 year after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Joint All Domain Command and Control Cross Functional Team under the supervision of the Department of Defense (DOD) Chief Information Officer and the Joint Staff Director for Command, Control, Communications, and Computer/Cyber, shall prescribe regulations and issue guidance to the military services, Defense agencies and field activities, and combatant commands,
as appropriate. The required regulations and guidance would

(1) Facilitate the Department of Defense's access to and utilization of modular system interfaces;

(2) Fully realize the intent of chapter 144B of title 10, United States Code, by facilitating the implementation of modular open system approaches across major defense and other relevant acquisition programs, including in the acquisition and sustainment of weapon systems, platforms, and components for which no common interface standard has been established to enable communication; and

(3) Advance the Department's efforts to generate diverse and recomposable kill chains.

The House bill contained no similar provision.

The House recedes with a clarifying amendment.

The conferees' intent is to expand the use of modularity in the design of weapons systems, as well as business systems and cybersecurity systems, to more easily enable competition for upgrades as well as sustainment throughout a product's lifecycle, while protecting the proprietary intellectual property embodied within the modules of modular systems. Modularity is especially important to enhance interoperability and to support combining and recombining systems in novel and surprising ways to achieve the vision of joint all-domain warfare and the emerging joint warfighting concept. To achieve these objectives, Government use rights for interfaces are indispensable. Modular systems with interfaces designed to common standards improve interoperability. The conferees are also highly encouraged by serious, sustained initiatives by the military departments to develop standards, through public-private consortia, such as the Air Force Open Mission Systems and the Navy's Future Airborne Capability Environment. The enthusiastic embrace of the Joint All Domain Command and Control initiative by all of the military departments and senior DOD civilian leadership demonstrates a welcome and unprecedented commitment to joint warfare.

The conferees note, however, that prior efforts to adopt universal standards both within and across the military services have failed to achieve comprehensive interoperability. Adoption rates of standards invariably lag, and technology advances require changes in standards that result in backwards incompatibilities. Even if the new initiatives proposed within the DOD research and engineering community overcome these problems, incompatible interfaces will remain numerous for many years to come, hampering joint, multi-domain operations. The Defense Advanced Research Projects Agency (DARPA) developed, rigorously tested, and repeatedly demonstrated technology to auto-generate code to enable full interoperability across interfaces not built to any standard once they have been appropriately defined and characterized in machine-readable formats. DARPA has executed more than a dozen real-world demonstrations (called ``gauntlets'') of this technology that
appear to show that the cost is minimal and that the time required to achieve interoperability between previously incompatible systems is measured in hours and days, not months and years. These demonstrations further indicate that interoperability between systems can be engineered in the field by Government personnel. DARPA's tests and field demonstrations to date indicate that this technology does not introduce latencies or otherwise constrain performance, in contrast to so called ``translation'' approaches to interface interoperability. The conferees are interested in further examination of the DARPA interoperability technology and the provision requires the Department to conduct additional
demonstrations.

Finally, the conferees emphasize that the provision does not mandate the operational deployment and use of DARPA technology, nor does it in any way limit or constrain the development, use, or adoption of interface standards.


Senate Committee Report 116-236 to Accompanying S. 4049


Implementation of Modular Open Systems Architecture requirements (sec. 861)

The committee recommends a provision that would facilitate and establish requirements for the open systems architecture for Joint All-Domain Command and Control to ensure compatibility across new and legacy systems in the Department of Defense.

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