,,ii  #aaeth ,,congress  #ast ,session  
,s4 #addc  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,june #bg1     
#bjag ,mr4 ,rounds introduced the       
following bill2 which was read twice and
 referred to the ,committee on ,armed   
,services  ,a ,,bill  ,to improve       
,department of ,defense software        
management1 and for other purposes4  #a4
 ,short title  ,this ,act may be cited  
as the ,department of ,defense ,software
 ,management ,improvement ,act of #bjag4
  #b4 ,use of open source software  7a7 
,open source software  7#a7 ,in general 
,chapter #acg of title #aj1 ,united     
,states ,code1 is amended by inserting  
after section #bcbj the following new   
section3  #bcbj;a4 ,use of open source  
software  7a7 ,software development ,all
 unclassified custom-developed computer 
software and related technical data that
 is not a defense article regulated     
pursuant to section #ch of the ,arms    
,export ,control ,act 7#bb ,u4,s4,c4    
#bggh7 and that is developed under a    

contract or other transaction awarded by
 the ,department of ,defense on or after
 the date that is #ahj days after the   
date of the enactment of this section   
shall be managed as open source software
 unless specifically waived by the      
service acquisition executive4  7b7     
,release of software in public          
repository ,the ,secretary of ,defense  
shall require the contractor to release 
source code and related technical data  
described under subsection 7a7 in a     
public repository approved by the       
,department of ,defense1 subject to a   
license through which the copyright     
holder provides the rights to use1      
study1 reuse1 modify1 enhance1 and      
distribute the software to anyone and   
for any purpose4  7c7 ,applicability to 
existing software ,the ,secretary of    
,defense shall1 where appropriate-- 7#a7
 apply open source licenses to existing 
custom-developed computer software2 and 
7#b7 release related source code and    
technical data in a public repository   

location approved by the ,department of 
,defense4  7d7 ,definitions ,in this    
section3 7#a7 ,custom-developed computer
 software ,the term custom-developed    
computer software means human-readable  
source code1 including segregable       
portions thereof1 that is first produced
 in the performance of a ,department of 
,defense contract or other transaction1 
or is otherwise fully funded by the     
,federal ,government4  7#b7 ,technical  
data ,the term technical data has the   
meaning given the term in section #bcjb 
of this title4  4  7#b7 ,clerical       
amendment ,the table of sections at the 
beginning of such chapter is amended by 
adding after the item relating to       
section #bcbj the following new item3   
#bcbj;a4 ,use of open source software4  
4  7b7 ,prize competition ,the          
,secretary of ,defense shall create a   
prize for a research and develop program
 or other activity for identifying1     
capturing1 and storing existing         
,department of ,defense custom-developed

 computer software and related technical
 data4 ,the ,secretary of ,defense shall
 create an additional prize for         
improving1 repurposing1 or reusing      
software to better support the          
,department of ,defense mission4 ,the   
prize programs shall be conducted in    
accordance with section #bcgd;a of title
 #aj1 ,united ,states ,code4  7c7       
,reverse engineering ,the ,secretary of 
,defense shall task the ,defense        
,advanced ,research ,program ,agency    
with a project to identify methods to   
locate and reverse engineer ,department 
of ,defense custom-developed computer   
software and related technical data for 
which source code is unavailable4  7d7  
,definitions ,in this section3 7#a7     
,custom-developed computer software ,the
 term custom-developed computer software
 means human-readable source code1      
including segregable portions thereof1  
that is first produced in the           
performance of a ,department of ,defense
 contract or other transaction1 or is   

otherwise fully funded by the ,federal  
,government4  7#b7 ,technical data ,the 
term technical data has the meaning     
given the term in section #bcjb of title
 #aj1 ,united ,states ,code4  7e7       
,regulations ,not later than #ahj days  
after the date of the enactment of this 
,act1 the ,secretary of ,defense shall  
amend the ,defense ,federal ,acquisition
 ,regulation ,supplement to carry out   
this section and the amendments made by 
this section4