II 

115TH CONGRESS 

1ST SESSION S. 1443 

To improve Department of Defense software management, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 27, 2017 

Mr. ROUNDS introduced the following bill; which was read twice and referred 

to the Committee on Armed Services 

A BILL 

To improve Department of Defense software management, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Department of Defense 

5 Software Management Improvement Act of 2017’’. 

6 SEC. 2. USE OF OPEN SOURCE SOFTWARE. 

7 (a) OPEN SOURCE SOFTWARE.— 

8 (1) IN GENERAL.—Chapter 137 of title 10, 

9 United States Code, is amended by inserting after 

10 section 2320 the following new section: 


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1 ‘‘§ 2320a. Use of open source software 

2 ‘‘(a) SOFTWARE DEVELOPMENT.—All unclassified 

3 custom-developed computer software and related technical 

4 data that is not a defense article regulated pursuant to 

5 section 38 of the Arms Export Control Act (22 U.S.C. 

6 2778) and that is developed under a contract or other 

7 transaction awarded by the Department of Defense on or 

8 after the date that is 180 days after the date of the enact9 ment of this section shall be managed as open source soft10 ware unless specifically waived by the service acquisition 

11 executive. 

12 ‘‘(b) RELEASE OF SOFTWARE IN PUBLIC REPOSI13 TORY.—The Secretary of Defense shall require the con14 tractor to release source code and related technical data 

15 described under subsection (a) in a public repository ap16 proved by the Department of Defense, subject to a license 

17 through which the copyright holder provides the rights to 

18 use, study, reuse, modify, enhance, and distribute the soft19 ware to anyone and for any purpose. 

20 ‘‘(c) APPLICABILITY TO EXISTING SOFTWARE.—The 

21 Secretary of Defense shall, where appropriate— 

22 ‘‘(1) apply open source licenses to existing cus23 tom-developed computer software; and 

24 ‘‘(2) release related source code and technical 

25 data in a public repository location approved by the 

26 Department of Defense. 


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1 ‘‘(d) DEFINITIONS.—In this section: 

2 ‘‘(1) CUSTOM-DEVELOPED COMPUTER SOFT3 WARE.—The term ‘custom-developed computer soft4 ware’ means human-readable source code, including 

5 segregable portions thereof, that is first produced in 

6 the performance of a Department of Defense con7 tract or other transaction, or is otherwise fully fund8 ed by the Federal Government. 

9 ‘‘(2) TECHNICAL DATA.—The term ‘technical 

10 data’ has the meaning given the term in section 

11 2302 of this title.’’. 

12 (2) CLERICAL AMENDMENT.—The table of sec13 tions at the beginning of such chapter is amended 

14 by adding after the item relating to section 2320 the 

15 following new item: 

‘‘2320a. Use of open source software.’’. 

16 (b) PRIZE COMPETITION.—The Secretary of Defense 

17 shall create a prize for a research and develop program 

18 or other activity for identifying, capturing, and storing ex19 isting Department of Defense custom-developed computer 

20 software and related technical data. The Secretary of De21 fense shall create an additional prize for improving, 

22 repurposing, or reusing software to better support the De23 partment of Defense mission. The prize programs shall be 

24 conducted in accordance with section 2374a of title 10, 

25 United States Code. 


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1 (c) REVERSE ENGINEERING.—The Secretary of De2 fense shall task the Defense Advanced Research Program 

3 Agency with a project to identify methods to locate and 

4 reverse engineer Department of Defense custom-developed 

5 computer software and related technical data for which 

6 source code is unavailable. 

7 (d) DEFINITIONS.—In this section: 

8 (1) CUSTOM-DEVELOPED COMPUTER SOFT9 WARE.—The term ‘‘custom-developed computer soft10 ware’’ means human-readable source code, including 

11 segregable portions thereof, that is first produced in 

12 the performance of a Department of Defense con13 tract or other transaction, or is otherwise fully fund14 ed by the Federal Government. 

15 (2) TECHNICAL DATA.—The term ‘‘technical 

16 data’’ has the meaning given the term in section 

17 2302 of title 10, United States Code. 

18 (e) REGULATIONS.—Not later than 180 days after 

19 the date of the enactment of this Act, the Secretary of 

20 Defense shall amend the Defense Federal Acquisition Reg21 ulation Supplement to carry out this section and the 

22 amendments made by this section. 

Æ 


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