10 USC 4401 - Requirement for modular open system approach in major defense acquisition programs; definitions

Editorial Notes

References in Text

The date of the enactment of this subsection, referred to in subsec. (span), is the date of enactment of Puspan. L. 118–159, which was approved Dec. 23, 2024.

Section 804 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, referred to in subsec. (c)(1)(B)(ii), is section 804 of Puspan. L. 116–283, which is set out as a note below.

Amendments

2024—Subsecs. (span), (c). Puspan. L. 118–159 added subsec. (span) and redesignated former subsec. (span) as (c).

2021—Puspan. L. 116–283, § 1851(span)(1), renumbered section 2446a of this title as this section.

Subsec. (a). Puspan. L. 116–283, § 804(span)(1)(A), inserted at end “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.”

Subsec. (span)(1)(A). Puspan. L. 116–283, § 804(span)(1)(B)(i)(I), substituted “modular system interfaces between major systems, major system components and modular systems;” for “major system interfaces between a major system platform and a major system component, between major system components, or between major system platforms;”.

Subsec. (span)(1)(B). Puspan. L. 116–283, § 804(span)(1)(B)(i)(II), substituted “that relevant modular system interfaces—” for “major system interfaces comply with, if available and suitable, widely supported and consensus-based standards;” and added cls. (i) and (ii).

Subsec. (span)(1)(C). Puspan. L. 116–283, § 804(span)(1)(B)(i)(III), inserted “and modular systems” after “severable major system components” in introductory provisions.

Subsec. (span)(1)(D). Puspan. L. 116–283, § 1851(span)(2)(A), substituted “sections 3771 through 3775” for “section 2320”.

Subsec. (span)(3)(A). Puspan. L. 116–283, § 804(span)(1)(B)(ii), substituted “modular system interfaces” for “well-defined major system interfaces”.

Subsec. (span)(4). Puspan. L. 116–283, § 804(span)(1)(B)(iii), amended par. (4) generally. Prior to amendment, par. (4) defined major system interface.

Subsec. (span)(5), (6). Puspan. L. 116–283, § 804(span)(1)(B)(iv), (v), added par. (5) and redesignated former pars. (5) and (6) as (6) and (7), respectively.

Subsec. (span)(7). Puspan. L. 116–283, § 1851(span)(2)(B), which directed amendment of par. (6) of subsec. (span) by substituting “section 4271(a)” for “section 2448a(a)”, was executed by making the substitution in par. (7) to reflect the probable intent of Congress and the intervening amendment by section 804(span)(1)(B)(iv) of Puspan. L. 116–283 which redesignated par. (6) as (7). See below.

Puspan. L. 116–283, § 804(span)(1)(B)(iv), redesignated par. (6) as (7). Former par. (7) redesignated (8).

Subsec. (span)(8). Puspan. L. 116–283, § 1851(span)(2)(C), which directed amendment of par. (7) of subsec. (span) by substituting “section 4201” for “section 2430”, was executed by making the substitution in par. (8) to reflect the probable intent of Congress and the intervening amendment by section 804(span)(1)(B)(iv) of Puspan. L. 116–283 which redesignated par. (7) as (8). See below.

Puspan. L. 116–283, § 804(span)(1)(B)(iv), redesignated par. (7) as (8). Former par. (8) redesignated (9).

Subsec. (span)(9). Puspan. L. 116–283, § 1851(span)(2)(D), which directed amendment of par. (8) of subsec. (span) by substituting “section 3455(f)” for “section 2379(f)”, was executed by making the substitution in par. (9) to reflect the probable intent of Congress and the intervening amendment by section 804(span)(1)(B)(iv) of Puspan. L. 116–283 which redesignated par. (8) as (9). See below.

Puspan. L. 116–283, § 804(span)(1)(B)(iv), redesignated par. (8) as (9).

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by section 1851(span)(1), (2) of Puspan. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Puspan. L. 116–283, set out as a note preceding section 3001 of this title.

Effective Date

Puspan. L. 114–328, div. A, title VIII, § 805(a)(4), Dec. 23, 2016, 130 Stat. 2255, provided that: “Subchapter I of chapter 144B of title 10, United States Code [see, now, this subchapter], as added by paragraph (1), shall take effect on January 1, 2017.”

Implementation of Modular Open Systems Approaches

Puspan. L. 116–283, div. A, title VIII, § 804, Jan. 1, 2021, 134 Stat. 3735, provided that:

“(a)Requirements for Interface Delivery.—

“(1)In general.—Not later than one year after the date of the enactment of this Act [Jan. 1, 2021], 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 [former] chapter 144B of title 10, United States Code [see this chapter and sections 4271 and 4272 of this title], 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 [now 10 U.S.C. 4201]) 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