,i #aadth ,,congress #b;d ,session ,h4 ,r4 #dgda ,,in ,,the ,,house ,,of ,,representatives ,march #ae1 #bjaf ,mr4 ,thornberry introduced the following bill2 which was referred to the ,committee on ,armed ,services ,a ,,bill ,to amend title #aj1 ,united ,states ,code1 to provide for modular open system architecture in major defense acquisition programs1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,acquisition ,agility ,act4 7b7 ,table of ,contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,modular open system architecture in development of major weapon systems4 ,sec4 #c4 ,weapon system component development1 prototyping1 and deployment4 ,sec4 #d4 ,cost1 schedule1 and performance of major defense acquisition programs4 ,sec4 #e4 ,transparency in major defense acquisition programs4 ,sec4 #f4 ,amendments relating to technical data rights4 #b4 ,modular open system architecture in development of major weapon systems 7a7 ,in general ,part ,,iv of subtitle ,a of title #aj1 ,united ,states ,code1 is amended by inserting after chapter #add;,a the following new chapter3 #add;,b ,weapon ,systems ,development and ,related ,matters ,subchapter,sec4 ,i4,modular ,open ,system ,architecture in ,development of ,weapon ,systems#bddf;a ,,ii4,weapon ,system ,component ,development1 ,prototyping1 and ,deployment#bddg;a ,,iii4,cost1 ,schedule1 and ,performance of ,major ,defense ,acquisition ,programs#bddh;a ,i ,modular ,open ,system ,architecture in ,development of ,weapon ,systems ,sec4 #bddf;a4 ,requirement for modular open system architecture in major defense acquisition programs2 definitions4 #bddf;b4 ,requirement to address modular open system architecture in program capabilities development and acquisition weapon system design4 #bddf;c4 ,requirements relating to availability of major system interfaces and support for modular open system architecture4 #bddf;d4 ,requirement to include modular open system architecture in ,selected ,acquisition ,reports4 #bddf;a4 ,requirement for modular open system architecture in major defense acquisition programs2 definitions 7a7 ,modular open system architecture requirement ,a major defense acquisition program initiated after ,october #a1 #bjah1 shall be designed and developed with a modular open system architecture to enable incremental development4 7b7 ,definitions ,in this chapter3 7#a7 ,the term modular open system architecture means1 with respect to a major defense acquisition program1 an integrated business and technical strategy that-- 7,a7 employs a modular design and uses1 if available and suitable1 widely supported and consensus-based standards for major system interfaces between the major system platform being developed under the program and its major system components2 7,b7 is subjected to testing to ensure major system interfaces comply with widely supported and consensus-based standards2 and 7,c7 uses a system architecture that allows major system components to be incrementally added1 removed1 or replaced throughout the life cycle of the major system platform to afford opportunities for enhanced competition and innovation while yielding-- 7i7 significant cost savings or avoidance2 7ii7 schedule reduction2 or 7iii7 increased interoperability4 7#b7 ,the term major system platform means the structure of a major weapon system on which a major system component can be mounted or integrated4 7#c7 ,the term major system component-- 7,a7 means a subsystem or assembly that can be mounted or installed on a major system platform through well-defined1 open major system interfaces2 and 7,b7 includes a subsystem or assembly that is likely to have additional capability requirements1 is likely to change because of evolving technology or threat1 is needed for interoperability1 facilitates incremental deployment of capabilities1 or is expected to be replaced4 7#d7 ,the term major system interface means a shared boundary between a major system platform and its major system components1 defined by various characteristics pertaining to-- 7,a7 physical standards for mounting major system components2 7,b7 functional standards for integrating major system components1 such as electrical1 radio frequency1 data1 or software elements2 and 7,c7 open intellectual property rights consistent with section #bcbj of this title4 7#e7 ,the term program capability document means1 with respect to a major defense acquisition program1 a document that specifies capability requirements for the program1 such as a capability development document or a capability production document4 7#f7 ,the terms program cost target and fielding target have the meanings provided in section #bddh;a7a7 of this title4 7#g7 ,the term major defense acquisition program has the meaning provided in section #bdcj of this title4 7#h7 ,the term major weapon system has the meaning provided in section #bcgi7;f7 of this title4 #bddf;b4 ,requirement to address modular open system architecture in program capabilities development and acquisition weapon system design 7a7 ,program capability document ,a program capability document for a major defense acquisition program shall identify and characterize-- 7#a7 the extent to which requirements for system performance are likely to evolve during the life cycle of the system because of evolving technology1 threat1 or interoperability needs2 and 7#b7 for requirements that are expected to evolve1 the minimum acceptable capability that will be available upon initial operating capability of the major defense acquisition program4 7b7 ,analysis of alternatives ,the ,director of ,cost ,assessment and ,performance ,evaluation1 in formulating study guidance for analyses of alternatives for major defense acquisition programs and performing such analyses under section #aci;a7d77#d7 of this title1 shall ensure that any such analysis for a major defense acquisition program includes consideration of an incremental development approach and modular open system architecture4 7c7 ,acquisition strategy ,an acquisition strategy for a major defense acquisition program1 as required under section #bdca;a of this title1 shall-- 7#a7 clearly describe the modular open system architecture to be used for the program2 7#b7 differentiate between the major system platform and major system components being developed under the program2 7#c7 clearly describe the incremental approach to major system components that are anticipated to meet requirements for system performance2 7#d7 identify additional major system components that may be added later in the life cycle of the major system platform2 and 7#e7 clearly describe how intellectual property and related issues1 such as data deliverables and license rights1 that are necessary to support a modular open system architecture will be addressed4 7d7 ,request for proposals ,the milestone decision authority for a major defense acquisition program shall ensure that a request for proposals for the development or production phases of the program shall address the modular open system architecture to be used4 7e7 ,milestone ,b ,a major defense acquisition program may not receive ,milestone ,b approval under section #bcff;b of this title until the milestone decision authority determines in writing that-- 7#a7 the program incorporates a modular open system architecture with clearly defined major system interfaces between the major system platform and major system components to be developed under the program2 7#b7 such major system interfaces are consistent with the widely supported and consensus-based standards that exist at the time of the milestone decision1 unless such standards are unavailable or unsuitable for particular major system interfaces2 and 7#c7 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 platform4 #bddf;c4 ,requirements relating to availability of major system interfaces and support for modular open system architecture ,the ,secretary of each military department shall-- 7#a7 coordinate with the other military departments1 the defense agencies1 defense and other private sector entities1 and national standards-setting organizations with respect to the identification1 development1 and maintenance of major system interfaces and standards for use in major system platforms1 where practicable2 7#b7 ensure that major system interfaces incorporate commercial standards to the maximum extent practicable2 7#c7 ensure sufficient systems engineering and development expertise and resources are available to support modular open system architecture in requirements development and acquisition program planning2 7#d7 ensure that necessary planning1 programming1 and budgeting resources are provided to identify1 develop1 and maintain modular open system architecture and associated major system interfaces2 and 7#e7 ensure adequate training in modular open system architecture is provided to members of the requirements and acquisition workforce4 #bddf;d4 ,requirement to include modular open system architecture in ,selected ,acquisition ,reports ,for each major defense acquisition program that receives ,milestone ,b approval after ,october #a1 #bjah1 a description of the key elements of the modular open system architecture or1 if a modular open system architecture was not used1 the rationale for not using such an architecture1 shall be submitted to the congressional defense committees with the first ,selected ,acquisition ,report required under section #bdcb of this title for the program4 4 7b7 ,clerical amendment ,the table of chapters for title #aj1 ,united ,states ,code1 is amended by adding after the item relating to chapter #add;,a the following new item3 #add;,b4,weapon ,systems ,development and ,related ,matters#bddf;a 4 7c7 ,conforming amendment ,section #bcff;b7a77#c7 of such title is amended-- 7#a7 by striking and at the end of subparagraph 7,k72 and 7#b7 by inserting after subparagraph 7,l7 the following new subparagraph3 7,m7 the requirements of section #bddf;b7e7 of this title are met2 and 4 7d7 ,effective date ,subchapter ,i of chapter #add;,b of title #aj1 ,united ,states ,code1 as added by subsection 7a71 shall take effect on ,october #a1 #bjaf4 #c4 ,weapon system component development1 prototyping1 and deployment 7a7 ,in general ,chapter #add;,b of title #aj1 ,united ,states ,code1 as added by section #b1 is further amended by adding at the end the following new subchapter3 ,,ii ,weapon ,system ,component ,development1 ,prototyping1 and ,deployment ,sec4 #bddg;a4 ,technology development in the acquisition of major weapon systems4 #bddg;b4 ,weapon system component prototype projects3 display of budget information4 #bddg;c4 ,weapon system component prototype projects3 oversight4 #bddg;d4 ,requirements and limitations for weapon system component prototype projects4 #bddg;e4 ,mechanisms to speed deployment of successful weapon system component prototypes4 #bddg;f4 ,definition of weapon system component4 #bddg;a4 ,technology development in the acquisition of major weapon systems ,technology shall be developed in a major defense acquisition program that is initiated after ,october #a1 #bjah1 only if the milestone decision authority for the program determines with a high degree of confidence that such development will not delay the fielding target of the program4 ,if the milestone decision authority does not make such determination for a major system component being developed under the program1 the milestone decision authority shall ensure that technology related to the major system component shall be sufficiently matured separate from the major defense acquisition program using the prototyping authorities of this section or other authorities1 as appropriate4 #bddg;b4 ,weapon system component prototype projects3 display of budget information 7a7 ,requirements for budget display ,in the defense budget materials for any fiscal year after fiscal year #bjag1 the ,secretary of ,defense shall1 with respect to advanced component development and prototype activities 7within the research1 development1 test1 and evaluation budget71 set forth separately the amounts requested for each of the following3 7#a7 ,acquisition programs of record4 7#b7 ,experimentation and rapid prototyping of weapon system components or other technologies and subsystems4 7#c7 ,other budget line items as determined by the ,secretary of ,defense4 7b7 ,additional requirements ,for purposes of subsection 7a77#b71 the amounts requested for experimentation and rapid prototyping of weapon system components or other technologies and subsystems shall be-- 7#a7 displayed in separate budget lines structured into either capability or weapon system component portfolios that reflect the priority areas for prototype projects2 and 7#b7 justified with general descriptions of the types of capability areas and technologies being funded or expected to be funded during the fiscal year concerned4 7c7 ,definitions ,in this section1 the terms budget and defense budget materials have the meaning given those terms in section #bcd of this title4 #bddg;c4 ,weapon system component prototype projects3 oversight 7a7 ,establishment ,the ,secretary of each military department shall establish or appoint an oversight board or similar group of senior advisors for managing prototype projects for weapon system components and other technologies and subsystems1 including the use of funds for such projects1 within the military department concerned4 7b7 ,membership ,each oversight board shall be comprised of senior officials with-- 7#a7 expertise in requirements2 research1 development1 test1 and evaluation2 acquisition2 or other relevant areas within the military department concerned2 and 7#b7 awareness of the component capability requirements of major weapon systems1 including scheduling and fielding goals for such component capabilities4 7c7 ,functions ,the functions of each oversight board are as follows3 7#a7 ,to issue a strategic plan every three years that prioritizes the capability and weapon system component portfolio areas for conducting prototype projects1 based on assessments of high priority warfighter needs1 capability gaps on existing major weapon systems1 opportunities to incrementally integrate new components into major weapon systems1 and technologies that are expected to be sufficiently mature to prototype within #c years4 7#b7 ,to annually recommend funding levels for weapon system component prototype projects across capability or weapon system component portfolios4 7#c7 ,to annually recommend to the service acquisition executive of the military department concerned specific weapon system component prototype projects1 subject to the requirements and limitations in section #bddg;d of this title4 7#d7 ,to ensure projects are managed by experts within the ,department of ,defense who are knowledgeable in research1 development1 test1 and evaluation and who are aware of opportunities for incremental deployment of component capabilities to major weapon systems4 7#e7 ,to ensure projects are conducted in a manner that allows for appropriate experimentation and technology risk4 7#f7 ,to ensure necessary technical1 contracting1 and financial management resources are available to support each project4 7#g7 ,to submit to the congressional defense committees a semiannual notification that includes the following3 7,a7 ,a description of each weapon system component prototype project initiated during the preceding six months1 including an explanation of each project and its required funding4 7,b7 ,a description of the results achieved from weapon system component prototype projects completed and tested during the preceding six months4 #bddg;d4 ,requirements and limitations for weapon system component prototype projects 7a7 ,limitation on prototype project duration ,a prototype project shall be completed within three years of its initiation4 7b7 ,merit-,based ,selection process ,a prototype project shall be selected by the service acquisition executive of the military department concerned through a merit-based selection process that identifies the most promising and cost-effective prototypes that address a high priority warfighter need and are expected to be successfully demonstrated in a relevant environment4 7c7 ,type of transaction ,prototype projects shall be funded through contracts1 cooperative agreements1 or other transactions4 7d7 ,funding limit 7#a7 ,each prototype project may not exceed a total amount of #e1jjj1jjj 7based on fiscal year #bjag constant dollars71 unless-- 7,a7 the ,secretary of the military department1 or the ,secretary's designee1 approves a larger amount of funding for the project1 not to exceed #be1jjj1jjj2 and 7,b7 the ,secretary1 or the ,secretary's designee1 submits to the congressional defense committees1 within #cj days after approval of such funding for the project1 a notification that includes-- 7i7 a description of the project2 7ii7 expected funding for the project2 and 7iii7 a statement of the anticipated outcome of the project4 7#b7 ,the ,secretary of ,defense may adjust the amounts 7and the base fiscal year7 provided in paragraph 7#a7 on the basis of ,department of ,defense escalation rates4 #bddg;e4 ,mechanisms to speed deployment of successful weapon system component prototypes 7a7 ,selection of prototype project for production ,a weapon system component or technology prototype project may be selected by the service acquisition executive of the military department concerned for a follow-on production contract or other transaction without the use of competitive procedures1 notwithstanding the requirements of section #bcjd of this title1 if-- 7#a7 a prototype project addresses a high priority warfighter need2 7#b7 competitive procedures were used for the selection of parties for participation in the prototype project2 7#c7 the participants in the project successfully completed the project provided for in the transaction2 and 7#d7 the prototype was demonstrated in a relevant environment4 7b7 ,special transfer authority 7#a7 ,the ,secretary of a military department may transfer funds that remain available for obligation in procurement appropriation accounts of the military department to fund the low-rate initial production of a prototype until required funding for full-rate production can be submitted and approved through the regular budget process of the ,department of ,defense4 7#b7 ,the funds transferred under this subsection to be used for production of a prototype shall be for a period not to exceed two years1 the amount for such period may not exceed #aj1jjj1jjj1 and the special transfer authority provided in this subsection may not be used more than once to fund procurement of a particular prototype4 7#c7 ,the special transfer authority provided in this subsection is in addition to any other transfer authority available to the ,department of ,defense4 7c7 ,notification to ,congress ,within #cj days after the service acquisition executive of a military department selects a weapon system component or technology prototype project for a follow-on production contract or other transaction1 the service acquisition executive shall notify the congressional defense committees of the selection4 #bddg;f4 ,definition of weapon system component ,in this subchapter1 the term weapon system component has the meaning provided the term major system component in section #bddf;a of this title4 4 7b7 ,effective date ,subchapter ,,ii of chapter #add;,b of title #aj1 ,united ,states ,code1 as added by subsection 7a71 shall take effect on ,october #a1 #bjaf4 #d4 ,cost1 schedule1 and performance of major defense acquisition programs 7a7 ,in general ,chapter #add;,b of title #aj1 ,united ,states ,code1 as added by section #b1 is amended by adding at the end the following new subchapter3 ,,iii ,cost1 ,schedule1 and ,performance of ,major ,defense ,acquisition ,programs ,sec4 #bddh;a4 ,program cost and fielding targets in planning major defense acquisition programs4 #bddh;b4 ,independent technical risk assessments4 #bddh;c4 ,adherence to requirements and thresholds in major defense acquisition programs4 #bddh;a4 ,program cost and fielding targets in planning major defense acquisition programs 7a7 ,program cost and fielding targets ,before ,milestone ,a approval is granted for a major defense acquisition program1 the ,secretary of ,defense shall ensure the program will be affordable and fielded when needed by establishing targets for-- 7#a7 the program acquisition unit cost 7referred to in this section as the program cost target2 and 7#b7 the date for initial operational capability 7referred to in this section as the fielding target74 7b7 ,considerations ,in establishing targets under subsection 7a7 for the program1 the ,secretary of ,defense shall consider each of the following3 7#a7 ,the capability needs and timeframe specified in the initial capabilities document1 opportunities for incremental deployment of capabilities1 and minimum acceptable capability increments4 7#b7 ,resources available to fund the development1 production1 and life cycle of the program1 using a reasonable estimate of future defense budgets4 7#c7 ,procurement quantity objectives4 7#d7 ,trade-offs among cost1 schedule1 technical risk1 and performance objectives identified in the analysis of alternatives required under section #bcff;a of this title4 7#e7 ,the independent cost estimate prepared or approved under section #bccd7;a77#f7 of this title4 7#f7 ,the independent technical risk assessment conducted or approved under section #bddh;b of this title4 7c7 ,delegation ,the responsibilities of the ,secretary of ,defense in subsection 7a7 may be delegated only to the ,deputy ,secretary of ,defense or the ,under ,secretary of ,defense for ,acquisition1 ,technology1 and ,logistics4 7d7 ,definitions ,in this section3 7#a7 ,the term program acquisition unit cost has the meaning provided in section #bdcb7;a7 of this title4 7#b7 ,the term initial capabilities document has the meaning provided in section #bcff;a7d77#b7 of this title4 #bddh;b4 ,independent technical risk assessments 7a7 ,in general ,the ,under ,secretary of ,defense for ,acquisition1 ,technology1 and ,logistics shall conduct or approve an independent technical risk assessment for a major defense acquisition program-- 7#a7 before any decision to grant milestone approval pursuant to section #bcff;a or #bcff;b of this title2 7#b7 before any decision to enter into low-rate initial production or full-rate production2 and 7#c7 at any other time considered appropriate by the ,under ,secretary4 7b7 ,categorization of technical risk levels ,the ,under ,secretary shall issue guidance and a framework for categorizing the degree of technical risk in a major defense acquisition program and a major automated information system4 #bddh;c4 ,adherence to requirements and thresholds in major defense acquisition programs 7a7 ,capabilities determination ,the ,secretary of the military department concerned shall ensure that the capability development document supporting a ,milestone ,a or subsequent milestone for a major defense acquisition program may not be submitted to the ,joint ,requirements ,oversight ,council for approval until the ,chief of the armed force 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 #bddh;a7a7 of this title4 7b7 ,compliance with targets before ,milestone ,b approval ,a major defense acquisition program may not receive ,milestone ,b approval until the milestone decision authority for the program determines in writing that the estimated program acquisition unit cost and the estimated date for initial operational capability for the baseline description for the program 7established under section #bdce7 do not exceed the program cost and fielding targets established under section #bddh;a7a7 of this title4 ,if such estimated cost is higher than the program cost target or if such estimated date is later than the fielding target1 the milestone decision authority may request that the ,secretary of ,defense increase the program cost target or delay the fielding target1 as applicable4 4 7b7 ,effective date ,subchapter ,,iii of chapter #add;,b of title #aj1 ,united ,states ,code1 as added by subsection 7a71 shall apply with respect to major defense acquisition programs that reach ,milestone ,a after ,october #a1 #bjaf4 7c7 ,modification of ,milestone ,decision ,authority ,effective ,october #a1 #bjaf1 subsection 7d7 of section #bdcj of title #aj1 ,united ,states ,code1 as added by section #hbe7;a7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjaf 7,public ,law #aad-ib2 #abi ,stat4 #ijg71 is amended-- 7#a7 in paragraph 7#b77;,a71 by inserting subject to paragraph 7#e71 before the ,secretary determines2 and 7#b7 by adding at the end the following new paragraph3 7#e7 ,the authority of the ,secretary of ,defense to designate an alternative milestone decision authority for a program with respect to which the ,secretary determines that the program is addressing a joint requirement1 as set forth in paragraph 7#b77;,a71 shall apply only for a major defense acquisition program that reaches ,milestone ,a after ,october #a1 #bjaf1 and before ,october #a1 #bjai4 4 #e4 ,transparency in major defense acquisition programs 7a7 ,reports on milestone decision metrics ,subchapter ,,iii of chapter #add;,b of title #aj1 ,united ,states ,code1 as added by section #b1 is amended by adding at the end the following new section3 #bddh;d4 ,reports on milestone decision metrics 7a7 ,report on ,milestone ,a ,not later than #ae days after granting ,milestone ,a approval for a major defense acquisition program1 the milestone decision authority for the program shall provide to the congressional defense committees a brief summary report that contains the following3 7#a7 ,the program cost and fielding targets established by the ,secretary of ,defense under section #bddh;a7a7 of this title4 7#b7 ,the cost and schedule estimates for the program conducted by the military department concerned4 7#c7 ,the independent cost estimate for the program conducted or approved under section #bccd7;a77#f7 of this title1 and any independent schedule estimate conducted for the program4 7#d7 ,a summary of the technical risks associated with the program1 as determined by the military department concerned4 7#e7 ,a summary of the independent technical risk assessment conducted or approved under section #bddh;b of this title4 7#f7 ,a summary of the sufficiency review conducted by the ,director of ,cost ,assessment and ,program ,evaluation of the analysis of alternatives performed for the program 7as referred to in section #bcff;a7b77#f7 of this title74 7#g7 ,any other information the milestone decision authority considers relevant4 7b7 ,report on ,milestone ,b ,not later than #ae days after granting ,milestone ,b approval for a major defense acquisition program1 the milestone decision authority for the program shall provide to the congressional defense committees a brief summary report that contains the following3 7#a7 ,the program cost and fielding targets established by the ,secretary of ,defense under section #bddh;a7a7 of this title4 7#b7 ,the cost and schedule estimates for the program conducted by the military department concerned4 7#c7 ,the independent cost estimate for the program conducted or approved under section #bccd7;a77#f7 of this title1 and any independent schedule estimate conducted for the program4 7#d7 ,the cost and schedule estimates approved for the program by the milestone decision authority4 7#e7 ,a summary of the technical risks associated with the program1 as determined by the military department concerned4 7#f7 ,a summary of the independent technical risk assessment conducted or approved under section #bddh;b of this title4 7#g7 ,a list of critical technologies1 if any1 associated with the program1 that have not been successfully tested in a relevant environment4 7#h7 ,a statement of whether the preliminary design review for the program 7referred to in section #bcff;b7a77#a7 of this title7 has been completed4 7#i7 ,a statement of whether a modular open system architecture is being used for the program4 7#aj7 ,any other information the milestone decision authority considers relevant4 7c7 ,report on ,milestone ,c ,not later than #ae days after granting ,milestone ,c approval for a major defense acquisition program1 the milestone decision authority for the program shall provide to the congressional defense committees a brief summary report that contains the following3 7#a7 ,the cost and schedule estimates for the program conducted by the military department concerned4 7#b7 ,the independent cost estimate for the program conducted or approved under section #bccd7;a77#f7 of this title1 and any independent schedule estimate conducted for the program4 7#c7 ,the cost and schedule estimates approved by the milestone decision authority for the program4 7#d7 ,a summary of the production1 manufacturing1 and fielding risks associated with the program4 7d7 ,additional information ,at the request of any of the congressional defense committees1 the milestone decision authority shall submit to the committee further information or underlying documentation for the information in a report submitted under subsection 7a71 7b71 or 7c71 including the independent cost and schedule estimates and the independent technical risk assessments referred to in those subsections4 4 7b7 ,clerical amendment ,the table of sections at the beginning of such subchapter is amended by adding at the end the following new item3 #bddh;d4 ,reports on milestone decision metrics4 4 #f4 ,amendments relating to technical data rights 7a7 ,rights relating to item or process developed exclusively at private expense 7#a7 ,subsection 7a77#b77;,c7 of section #bcbj of title #aj1 ,united ,states ,code1 is amended-- 7,a7 by striking clause 7ii7 and inserting the following3 7ii7 relates to form1 fit1 function1 or the external interface of an item or process with other items or processes1 including any major system interface of a major system component with a major system platform or other major system component2 2 and 7,b7 in clause 7iii71 by inserting after or process data the following3 1 including data pertaining to a major system component4 7#b7 ,subsection 7a77#b77;,d77i7 of such section is amended-- 7,a7 by inserting or at the end of subclause 7,i72 7,b7 by striking subclause 7,,ii72 and 7,c7 by redesignating subclause 7,,iii7 as subclause 7,,ii74 7b7 ,rights relating to item or process developed in part with ,federal funds and in part at private expense ,subsection 7a77#b7 of section #bcbj of such title is further amended-- 7#a7 by redesignating subparagraphs 7,f7 and 7,g7 as subparagraphs 7,g7 and 7,h71 respectively2 7#b7 in subparagraph 7,e71 by striking ,in the case of and inserting ,except as provided in subparagraph 7,f71 in the case of2 and 7#c7 by inserting after subparagraph 7,e7 the following new subparagraph 7,f73 7,f7 ,notwithstanding subparagraph 7,e71 in the case of an external interface that is developed in part with ,federal funds and in part at private expense1 the ,united ,states shall have unlimited rights to-- 7i7 use technical data pertaining to such external interface2 or 7ii7 release or disclose the technical data to persons outside the government or permit the use of the technical data by such persons4 4 7c7 ,definitions ,section #bcbj of such title is further amended-- 7#a7 in subsection 7f71 by inserting ,covered ,government support contractor defined4-- before ,in this section2 and 7#b7 by adding at the end the following new subsection3 7g7 ,additional definitions ,in this section1 the terms major system platform1 major system component1 and major system interface have the meanings provided in section #bddf;a of this title4 4 7d7 ,government-,industry advisory panel amendments ,section #hac7;b7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjaf 7,public ,law #aad-ib2 #abi ,stat4 #hib7 is amended-- 7#a7 by adding at the end of the paragraph 7#a7 the following3 ,the panel shall develop recommendations for changes to sections #bcbj and #bcba of title #aj1 ,united ,states ,code1 and the regulations implementing such sections42 7#b7 in paragraph 7#c7-- 7,a7 by redesignating subparagraphs 7,d7 and 7,e7 as subparagraphs 7,e7 and 7,f71 respectively2 and 7,b7 by inserting after subparagraph 7,c7 the following new subparagraph 7,d73 7,d7 ,ensuring that the ,department of ,defense and ,department of ,defense contractors have the technical data rights necessary to support the modular open system architecture requirement set forth in section #bddf;a of title #aj1 ,united ,states ,code1 taking into consideration the distinct characteristics of major system platforms1 major system interfaces1 and major system components developed exclusively with ,federal funds1 exclusively at private expense1 and with a combination of ,federal funds and private expense4 2 and 7#c7 in paragraph 7#d71 by striking ,september #cj1 #bjaf and inserting ,december #ae1 #bjaf4 7e7 ,amendment relating to negotiated rights for item or process developed with mixed funding ,subsection 7a77#b77;,e7 of section #bcbj of title #aj1 ,united ,states ,code1 is further amended by striking the period at the end of the first sentence in the matter preceding clause 7i7 and all that follows through establishment of any such negotiated rights shall and inserting and shall be based on negotiations between the ,united ,states and the contractor1 except in any case in which the ,secretary of ,defense determines1 on the basis of criteria established in the regulations1 that negotiations would not be practicable4 ,the establishment of such rights shall4 7f7 ,amendment relating to deferred ordering ,subsection 7b77#i7 of section #bcbj of such title is amended-- 7#a7 by striking at any time and inserting 1 until the date occurring five years after acceptance of the last item 7other than technical data7 under a contract or the date of contract termination1 whichever is later12 7#b7 by striking or utilized in the performance of a contract and inserting in the performance of the contract2 and 7#c7 by striking clause 7ii7 of subparagraph 7,b7 and inserting the following3 7ii7 is described in subsection 7a77#b77;,c72 and 4