§4401. Requirement for modular open system approach in major defense acquisition programs; definitions — Inbound Citations
10 U.S.C. § 4401
Cited by 68 provisions in release 119-102.
Citations to 10 U.S.C. § 4401 as a whole
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(A) Notwithstanding paragraphs (2) and (5), 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 4401 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.
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(b) In this subchapter, the terms “major system component”, “modular system interface”, and “modular open system approach” have the meanings provided in section 4401 of this title.
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(D) An intellectual property management plan for product support developed in accordance with section 3774 of this title, including requirements for technical data, software, and modular open system approaches (as defined in section 4401 of this title).
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(G) for each major defense acquisition program that receives Milestone B approval after January 1, 2019, a brief summary description of the key elements of the modular open system approach as defined in section 4401 of this title or, if a modular open system approach was not used, the rationale for not using such an approach; and
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In this subchapter, the term “weapon system component” has the meaning given the term “major system component” in section 4401 of this title.
Citations to §4401(a)
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(B) such major system interfaces are consistent with the the1 requirements of section 4401(a) of this title; and
Citations to §4401(b)
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(A) intellectual property strategies and other mechanisms supporting the use of modular open system approaches (as defined in section 4401(b) of this title);
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(iv) modular system interfaces (as defined in section 4401(b) of this title); and
Citations to §4401(c)(2)
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(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 program that will be integrated into the major defense acquisition program;
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(4) identify additional major system components that may be added later in the life cycle of the major system platform;
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(A) the program incorporates clearly defined major system interfaces between the major system platform and major system components, between major system components, and between major system platforms;
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(C) the Government has arranged to obtain appropriate and necessary intellectual property rights with respect to such major system interfaces upon completion of the development of the major system platform; or
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(1) coordinate with the other military departments, the defense agencies, defense and other private sector entities, national standards-setting organizations, and, when appropriate, with elements of the intelligence community with respect to the specification, identification, development, and maintenance of major system interfaces and standards for use in major system platforms, where practicable;
Citations to §4401(c)(5)
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(2) ensure major system interfaces are adequately designated and defined to achieve a modular open system approach and are delivered with supporting documentation necessary to enable the integration of components or modules provided by a third party into the modular system;
Citations to §4401(c)(6)
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(D) concur that the requirements in the program capability document are necessary and realistic in relation to program cost and fielding targets as required by paragraph (1) before Milestone C approval is granted.
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(a) A program capability document for a major defense acquisition program shall identify and characterize—(1) the extent to which requirements for system performance are likely to evolve during the life cycle of the system because of evolving technology, threat, or interoperability needs; and(2) for requirements that are expected to evolve, the minimum acceptable capability that is necessary for initial operating capability of the major defense acquisition program.
Citations to §4401(c)(7)
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(1) The Secretary of the military department concerned shall ensure that any requirements document for a major defense acquisition program may not be approved until the service chief concerned determines in writing that the requirements in the document are necessary and realistic in relation to the program cost and fielding targets established under section 4271(a) of this title.
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(D) concur that the requirements in the program capability document are necessary and realistic in relation to program cost and fielding targets as required by paragraph (1) before Milestone C approval is granted.
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(A) the procurement unit cost and sustainment cost (referred to in this section as the “program cost targets”);
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(B) the date for initial operational capability (referred to in this section as the “fielding target”); and
Citations to §4401(c)(9)
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(21) The term “major weapon system” means a weapon system acquired pursuant to a major defense acquisition program (as that term is defined in section 4201 of this title).
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(b) At a minimum, the materiel readiness metrics required by subsection (a) shall establish procedures and a computation methodology to determine the materiel availability, operational availability, operational capability, and materiel reliability of each major weapon system by designated mission, design series, variant, or class.
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(1) Not later than one year after the date of the enactment of this subsection, each head of an element described in subsection (a) shall establish materiel readiness objectives for each major weapon system.
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(1) an assessment of the materiel availability, operational availability, and materiel reliability for each major weapon system; and
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(e) Not later than five days after the date on which the Secretary of Defense submits to Congress the materials in support of the budget of the President for a fiscal year, the Director of Cost Assessment and Performance Evaluation shall submit to the congressional defense committees a comprehensive estimate of the funds necessary to meet the materiel readiness objectives required by subsection (c) through the period covered by the most recent future-years defense program. At a minimum, the Director shall provide, for each major weapon system, by designated mission, design series, variant, or class, a comprehensive estimate of the funds necessary to meet such objectives that—(1) have been obligated by subactivity group within the operation and maintenance accounts for the second fiscal year preceding the budget year;(2) the Director estimates will have been obligated by subactivity group within the operation and maintenance accounts by the end of the fiscal year preceding the budget year; and(3) have been budgeted and programmed across the future years defense program within the operation and maintenance accounts by subactivity group.
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(1) The term “major weapon system” has the meaning given in section 101(a) of this title.
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(2) The term “materiel availability” means a measure of the percentage of the total inventory of a major weapon system that is operationally capable of performing an assigned mission.
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(4) The term “materiel reliability” means the probability that a major weapon system will perform without failure over a specified interval.
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(5) The term “operational availability” means a measure of the percentage of time a major weapon system is operationally capable.
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(6) The term “operationally capable” means a materiel condition indicating that a major weapon system is capable of performing its assigned mission and has no discrepancies with a subsystem of a major weapon system.
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(a) Not later than 10 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105 of title 31, the Secretary of Defense shall submit to the congressional defense committees a report on any major weapon systems proposed to be divested, re-prioritized, or retired in such budget.
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(1) Identification of each major weapon system the Secretary of Defense proposes to divest, re-prioritize, or retire in the period of five fiscal years following the date of the report.
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(2) Budget line-item details related to each major weapon system identified under paragraph (1).
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(d) In this section, the term “major weapon system” has the meaning given that term in section 101(a) of this title.
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(A) The evaluation of cyber vulnerabilities of major weapon systems of the Department of Defense required under section 1647 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1118).
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(1) the evaluation of cyber vulnerabilities of each major weapon system of the Department of Defense and related mitigation activities under section 1647 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1118);
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(1) to select a military installation to serve as the first permanent location for a new major headquarters, covered military unit, or major weapon system; or
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(2) to make a permanent change in the basing of a major headquarters, covered military unit, or major weapon system by relocating the major headquarters, covered military unit, or major weapon system from its current military installation to a different military installation.
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(1) When the Secretary concerned issues any formal internal guidance to begin the decision-making process regarding the location or relocation of a major headquarters, covered military unit, or major weapon system.
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(2) When the Secretary concerned selects between two and five military installations as the most likely candidate locations for a major headquarters, covered military unit, or major weapon system in order to subject those installations to additional analysis.
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(3) When the Secretary concerned selects a specific military installation as the preferred location for the major headquarters, covered military unit, or major weapon system.
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(d) No irrevocable action may be taken to effect or implement a basing decision reached through the decision-making process described in subsection (a) until the end of the 14-day period beginning on the date on which the Secretary concerned submits, in an electronic medium pursuant to section 480 of this title, the notice referred to in subsection (b)(3) regarding a preferred location for the major headquarters, covered military unit, or major weapon system.
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(A) An update on the status and anticipated completion date of each decision-making process that was commenced or was underway during the previous two fiscal years regarding the location or relocation of a major headquarters, covered military unit, or major weapon system.
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(B) A list and description of anticipated basing decisions to be made regarding the location or relocation of a major headquarters, covered military unit, or major weapon system over the period covered by the future-years defense plan.
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(3) The term “major weapon system” means a weapon system that is treatable as a major system under section 3041(a) and (b) of this title.
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(1) The Secretary of Defense may make grants, conclude cooperative agreements, and supplement funds available under Federal programs administered by agencies other than the Department of Defense in order to assist State and local governments in planning community adjustments and economic diversification required (A) by the proposed or actual establishment, realignment, or closure of a military installation, (B) by the cancellation or termination of a Department of Defense contract or the failure to proceed with an approved major weapon system program, (C) by a publicly announced planned major reduction in Department of Defense spending that would directly and adversely affect a community, (D) by the encroachment of a civilian community on a military installation, (E) by threats to military installation resilience, (F) by the closure or the significantly reduced operations of a defense facility as the result of the merger, acquisition, or consolidation of the defense contractor operating the defense facility, or (G) by any action of the Department of Defense that negatively affects a covered depot (as such term is defined in section 2476(f) of this title), if the Secretary determines that an action described in clause (A), (B), (C), (F), or (G) is likely to have a direct and significantly adverse consequence on the affected community or, in the case of an action described in clause (D) or (E), if the Secretary determines that either the encroachment of the civilian community or threats to military installation resilience is likely to impair the continued operational utility of the military installation.
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(1) The Secretary of Defense shall require program managers for major weapon systems and subsystems of major weapon systems to—(A) assess the long-term technical data needs of such systems and subsystems; and(B) establish corresponding acquisition strategies that provide for technical data rights needed to sustain such systems and subsystems over their life cycle.
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(1) The Secretary of Defense shall, to the maximum extent practicable, negotiate and enter into a contract with a contractor for a specially negotiated license for technical data to support the product support strategy of a major weapon system or subsystem of a major weapon system.
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(C) An assessment of the test and evaluation facilities and resources that will be needed to meet current and future requirements for test and evaluation of the Department of Defense major weapon systems based on current and emerging threats.
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The Secretary of Defense shall ensure, to the maximum extent practicable, that the Department of Defense, before selecting a contractor for the engineering and manufacturing development of a major weapon system, production of a major weapon system, or sustainment of a major weapon system, negotiates a price for technical data to be delivered under a contract for such development, production, or sustainment.
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(a) The Secretary of Defense shall require each Secretary of a military department, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, to conduct an assessment of the actual performance of each major weapon system against the operational readiness requirements and materiel readiness objectives (established under section 118(c) of this title). Each Secretary of a military department shall use such assessment to—(1) identify any factors contributing to the failure of a major weapon system to meet such requirements and objectives;(2) develop and implement a corrective action plan to address such factors in an expeditious manner; and(3) inform the submission of materials to Congress required by section 118(c)(2) of this title and the development of the future-years defense program required by section 221 of this title.
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(1) identify any factors contributing to the failure of a major weapon system to meet such requirements and objectives;
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(1) Findings from a review of the effectiveness of the life-cycle sustainment plan required under section 4324 of this title for a major weapon system.
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(a) The Secretary of Defense shall issue and maintain guidance on actions to be taken to assess, manage, and control Department of Defense costs for the operation and support of major weapon systems.
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(1) be issued in accordance with the requirements of section 118 of this title and in conjunction with the comprehensive guidance on life-cycle management and the development and implementation of product support strategies for major weapon systems required by section 4324 of this title;
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(2) require the military departments to retain each estimate of operating and support costs that is developed at any time during the life cycle of a major weapon system, together with supporting documentation used to develop the estimate;
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(3) require each Secretary of a military department to update estimates of operating and support costs periodically throughout the life cycle of a major weapon system, and make necessary adjustments to the life-cycle sustainment plan required by section 4324 of this title to ensure such major weapon system meets applicable operational readiness requirements and materiel readiness objectives (established in accordance with section 118(c) of this title) in the most cost-effective manner practicable;
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(4) establish policies and procedures for the collection, organization, maintenance, and availability of standardized data on operating and support costs for major weapon systems in accordance with section 2222 of this title;
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(5) establish standard requirements for the collection and reporting of data on operating and support costs for major weapon systems by contractors performing weapon system sustainment functions in an appropriate format, and develop contract clauses to ensure that contractors comply with such requirements;
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(A) to collect and retain data from operational and developmental testing and evaluation on the reliability and maintainability of major weapon systems; and
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(8) require the military departments to conduct an independent logistics assessment of each major weapon system prior to key acquisition decision points (including milestone decisions) to identify features that are likely to drive future operating and support costs, changes to system design that could reduce such costs, and effective strategies for managing such costs;
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(9) prior to the Milestone B approval (or equivalent approval) for a major weapon system, require the Secretary concerned to ensure the completion of an intellectual property management plan for product support required under section 4324(b)(1)(D) of this title; and
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(c) In this section, the term “major weapon system” has the meaning given that term in section 101(a) of this title.
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(3) awareness of the component capability requirements of major weapon systems, including scheduling and fielding goals for such component capabilities.
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(B) capability gaps or readiness issues with major weapon systems;
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(C) opportunities to incrementally integrate new components into major weapon systems based on commercial technology or science and technology efforts that are expected to be sufficiently mature to prototype within three years; and
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(D) opportunities to reduce operation and support costs of major weapon systems.
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(4) To ensure projects are managed by experts within the Department of Defense who are knowledgeable in research, development, test, and evaluation and who are aware of opportunities for incremental deployment of component capabilities and other technologies to major weapon systems or directly to support warfighting capabilities.