SEC. 824.

Requirement for modular open system approach and modifications to rights in technical data

DIVISION A · TITLE VIII: Acquisition Policy, Acquisition Management, and Related Matters · SUBTITLE B: Amendments to General Contracting Authorities, Procedures, and Limitations

Source
SECTION TEXT · SEC. 824.

(a) Requirement for modular open system approach

Section 4401 of title 10, United States Code, is amended to read as follows:

(b) Applicability

(1) In general

The requirements of section 4401 of title 10, United States Code, as amended by this section, shall apply with respect to a contract entered into on or after the date that is 180 days after the date of the enactment of this Act.

(2) Guidance

The Secretary of Defense shall issue guidance to carry out the requirements of section 4401 of title 10, United States Code, as amended by this section in order to implement this section.

(c) Modification to rights in technical data

(1) Rights in technical data

Section 3771 of title 10, United States Code, is amended—

(A)

in subsection (a)

(i)

in paragraph (2)(A), by striking or copyrights and inserting , copyrights, trade secrets, ; and

(ii)

by adding at the end the following new paragraph:

(B)

in subsection (b)

(i)

by amending paragraph (3) to read as follows:

(iii)

by amending paragraph (4) to read as follows:

(iv)

in paragraph (6)

(v)

in paragraph (7)

(2) Definitions

Section 3775(b) of title 10, United States Code, is amended to read as follows:

(d) Conforming amendments

(1)

Section 3791(c)(1) of title 10, United States Code, is amended—

(A)

in subparagraph (A), by striking section 4401(b) of this title and inserting section 4401 of this title ; and

(B)

in subparagraph (D)(iv), by striking modular system interfaces (as defined in section 4401(b) of this title) and inserting module interfaces (as defined in section 4401 of this title) .

(2)

Section 4402 of title 10, United States Code, is repealed.

(3)

Section 4403 of title 10, United States Code, is repealed.

(4)

Section 4425 of title 10, United States Code, is amended to read as follows:

(5)

Section 804 of the National Defense Authorization Act for Fiscal Year 2021 ( 10 U.S.C. 4401 note) is repealed.