Us Code § 4402 - Requirement to address modular open system approach in program capabilities development and acquisition weapon system design
Full text of Us Code United States Code § 4402 — Requirement to address modular open system approach in program capabilities development and acquisition weapon system design, with citation guidance and answers to common questions.
§ 4402. Requirement to address modular open system approach in program capabilities development and acquisition weapon system design
(a)
(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.
(b)
(c)
(1) clearly describe the modular open system approach to be used for the program;
(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;
(3) clearly describe the evolution of major system components that are anticipated to be added, removed, or replaced in subsequent increments;
(4) identify additional major system components that may be added later in the life cycle of the major system platform;
(5) clearly describe how intellectual property and related issues, such as technical data deliverables, that are necessary to support a modular open system approach, will be addressed; and
(6) clearly describe the approach to systems integration and systems-level configuration management to ensure mission and information assurance.
(d)
(e)
(1) in the case of a program that uses a modular open system approach, that—
(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;
(B) such major system interfaces are consistent with the widely supported and consensus-based standards that exist at the time of the milestone decision, unless such standards are unavailable or unsuitable for particular major system interfaces; and
(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
(2) in the case of a program that does not use a modular open system approach, that the use of a modular open system approach is not practicable.
(f)
(Added Pub. L. 114–328, div. A, title VIII, §805(a)(1), Dec. 23, 2016, 130 Stat. 2253, §2446b; amended Pub. L. 115–91, div. A, title X, §1081(a)(40), Dec. 12, 2017, 131 Stat. 1596; Pub. L. 116–92, div. A, title VIII, §840(a), Dec. 20, 2019, 133 Stat. 1499; renumbered §4402 and amended Pub. L. 116–283, div. A, title XVIII, §1851(b)(1), (3), Jan. 1, 2021, 134 Stat. 4272.)
Editorial Notes
Amendments
2021—Pub. L. 116–283, §1851(b)(1), renumbered section 2446b of this title as this section.
Subsec. (c). Pub. L. 116–283, §1851(b)(3)(A), substituted "section 4211" for "section 2431a" in introductory provisions.
Subsec. (e). Pub. L. 116–283, §1851(b)(3)(B), substituted "section 4252" for "section 2366b" in introductory provisions.
2019—Subsec. (f). Pub. L. 116–92 added subsec. (f).
2017—Subsec. (e). Pub. L. 115–91 substituted "in writing—" for "in writing that—" in introductory provisions and inserted ", that" after "open system approach" in introductory provisions of par. (1).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
Effective Date
Section effective Jan. 1, 2017, see section 805(a)(4) of Pub. L. 114–328, set out as a note under section 4401 of this title.
About This Section
10 U.S.C. § 4402 is part of Title 10 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.
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