998 
ther amended by adding at the end the following new sec-
tion: 
‘‘§ 4324. Data-as-a-service solutions for weapon system 
contracts 
‘‘(a) NEGOTIATIONS FOR DATA-AS-A-SERVICE.—Before 
entering into a contract for the procurement of a weapon 
system (or component thereof), the Secretary of Defense 
shall ensure, to the maximum extent practicable, that the 
negotiations for such contract include negotiations for data- 
as-a-service solutions to facilitate access to the information 
described in subsection (b) as necessary for— 
‘‘(1) the performance of depot-level maintenance 
and repair workload by employees of the Department 
of Defense in accordance with section 2466 of this 
title; or 
‘‘(2) the maintenance of a core logistics capa-
bility in accordance with section 2464 of this title. 
‘‘(b) COVERED INFORMATION.—The information de-
scribed in subsection (a) is technical data or computer soft-
ware that relates to the weapon system (or component there-
of) to be procured that is— 
‘‘(1) detailed manufacturing or process data re-
lating to how contractors or subcontractors design, de-
velop, produce, test, certify, diagnose, maintain, re-
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999 
pair, or otherwise support such weapon system (or 
component thereof); 
‘‘(2) digital networks or digital models that con-
tain data described in paragraph (1), or virtual rep-
licas of such data; 
‘‘(3) design details, algorithms, processes, flow 
charts, formulas, and related information that de-
scribe the design, organization, or structure of com-
puter software; or 
‘‘(4) necessary for operation, maintenance, in-
stallation, or training with respect to such weapon 
system (or component thereof). 
‘‘(c) METHODS
AND SCHEDULE
FOR ACCESS.—(1) 
With respect to a data-as-a-service solution described in 
subsection (a), access to the information described in sub-
section (b) may be made available through one or more 
methods, including electronically, in-person, or machine-to- 
machine encryption, as appropriate based on the type, sen-
sitivity, or authorized use of such information. 
‘‘(2) The Secretary of Defense shall ensure that the 
terms of a contract for a data-as-a-service solution described 
in subsection (a) clearly state the requirements, conditions, 
and schedule for providing access to the information de-
scribed in subsection (b). 
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‘‘(d) APPLICABILITY TO COMMERCIAL PRODUCTS.—(1) 
With respect to a contract for a commercial product that 
is a data-as-a-service solution described in subsection (a), 
the offeror for such commercial product shall ensure that 
the pricing and terms and conditions of access to informa-
tion described in subsection (b) for such commercial product 
is commensurate with commercial practices for similar ac-
cess. 
‘‘(2) The Secretary of Defense may not require an of-
feror for a commercial product that is a data-as-a-service 
solution described in subsection (a) to provide access to in-
formation described in subsection (b) in a manner that is 
different from what such offeror customarily provides to a 
buyer of such commercial product, unless the offeror has 
agreed to provide such access pursuant to a specifically ne-
gotiated agreement with the Secretary. 
‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed as modifying any rights, obligations, 
or limitations of the Government, contractor, or subcon-
tractor with respect to rights in technical data under sub-
chapter I of chapter 275 of this title. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) The term ‘access’, with respect to informa-
tion described in subsection (b), means the avail-
ability of such information as a service rather than 
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1001 
as specifically delivered in the performance of a con-
tract for the procurement of a weapon system (or 
component thereof). 
‘‘(2) The term ‘data-as-a-service’ means a model 
under which the Secretary is provided access to the 
most up-to-date information described in subsection 
(b) that relates to a weapon system (or component 
thereof) to be procured by the Secretary, including 
any associated license agreements for such informa-
tion. 
‘‘(3) The term ‘technical data’ has the meaning 
given in section 3013 of this title.’’. 
(b) GUIDANCE REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall issue guidance to carry out the require-
ments of section 4324 of title 10, United States Code, as 
added by this section. 
(c) APPLICABILITY.—Section 4324 of title 10, United 
States Code, as added by this section, shall apply with re-
spect to a contract for the procurement of a weapon system 
(or component thereof) entered into on or after the date of 
the enactment of this Act. 
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1002 
SEC. 1833. REQUIREMENTS FOR MODULAR OPEN SYSTEM 
APPROACH AND MODIFICATIONS TO RIGHTS 
IN TECHNICAL DATA. 
(a) REQUIREMENTS FOR MODULAR OPEN SYSTEM AP-
PROACH.—Section 4401 of title 10, United States Code, is 
amended to read as follows: 
‘‘§ 4401. Requirement for modular open system ap-
proach 
‘‘(a) REQUIREMENT.—The Secretary of Defense shall 
ensure that a covered system to be procured is designed and 
developed, to the maximum extent practicable, with a mod-
ular open system approach. 
‘‘(b) ASSESSMENT TO INFORM STRATEGY.—Before de-
signing or developing a covered system, the Secretary of De-
fense shall conduct an assessment to identify the open sys-
tems objectives to be achieved by the design and development 
of the covered system. Such assessment shall identify and 
document how such approach would— 
‘‘(1) support the objectives of the defense acquisi-
tion system established pursuant to section 3102 of 
this title; 
‘‘(2) align with the preference for the acquisition 
of commercial products in section 3453 of this title to 
retain, to the maximum extent practicable, the com-
mercial viability of subsystems and components of the 
covered system; 
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‘‘(3) reduce the complexity and increase the 
speed by which new technology can be integrated into 
a covered system to enhance miliary effectiveness and 
responsiveness to emerging threats; 
‘‘(4) enable the use of iterative development cy-
cles and discontinue or terminate the development of 
capabilities— 
‘‘(A) that no longer align with approved ca-
pability requirements (as defined in section 181 
of this title) or priorities; or 
‘‘(B) that are experiencing significant cost 
growth, performance deficiencies, or delays in 
schedule; 
‘‘(5) promote a robust and responsive defense in-
dustrial base, and foster competition amongst offerors 
of subsystems and components of the covered system 
through the life cycle of the covered system, especially 
at the module level; 
‘‘(6) reduce schedule delays and development 
timelines; 
‘‘(7) increase and enable interoperability of a 
covered system with the joint force as changes to force 
design evolve; and 
‘‘(8) enable effective life-cycle management and 
product support of a covered system— 
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1004 
‘‘(A) in accordance with the requirements of 
section 4322 of this title; and 
‘‘(B) to ensure that the covered system will 
meet applicable operational readiness require-
ments (as defined in such section 4322) and ma-
teriel readiness objectives (established under sec-
tion 118(c) of this title) in the most cost-effective 
manner practicable. 
‘‘(c) ARCHITECTURE REQUIREMENTS.—(1) In devel-
oping an architecture for the procurement of a covered sys-
tem using a modular open system approach, the Secretary 
shall ensure that the architecture— 
‘‘(A) adequately designates and defines modules, 
module interfaces, key interfaces, and openness char-
acteristics of the covered system necessary to achieve 
the open systems objectives described in subsection (b); 
‘‘(B) to the extent practicable, is based on— 
‘‘(i) widely accepted, consensus-based stand-
ards that are available at no cost or under fair 
and reasonable license terms; or 
‘‘(ii) if such standards are not available or 
suitable, incremental standards that define rela-
tionships between module interfaces and key 
interfaces; and 
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‘‘(C) is designed and developed to accelerate the 
procurement and integration of commercial products 
as modules, module interfaces, and key interfaces. 
‘‘(2) The Secretary shall consider input from private 
entities as early as possible to inform decisions regarding 
the level in the architecture at which a modular open system 
approach will be implemented for a covered system. 
‘‘(3) The architecture described in this subsection shall 
be included in any draft and final solicitations for procure-
ment of a covered system. 
‘‘(d) OPENNESS CHARACTERISTICS.—Consistent with 
the requirements of subchapter I of chapter 275 of this title, 
the Secretary shall include in the solicitation for the covered 
system a description of the desired openness characteristics 
of the covered system necessary to achieve the open systems 
objectives described in subsection (b), including the fol-
lowing: 
‘‘(1) The open systems objectives identified as re-
sult of the assessment required by subsection (b). 
‘‘(2) A description of the application of specifica-
tions or standards for module interfaces to achieve 
such objectives. 
‘‘(3) A description of the minimum technical 
data package elements necessary to achieve such objec-
tives. 
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‘‘(4) The desired license rights in module inter-
faces or key interfaces based on such objectives, in-
cluding desired license rights to enable the replace-
ment of a module or module interface with an alter-
native or new module or module interface. 
‘‘(e) APPLICABILITY TO COMMERCIAL PRODUCTS.—In 
applying the requirements of this section to a covered sys-
tem that includes a commercial product, the Secretary of 
Defense shall— 
‘‘(1) implement modular open system approaches 
in accordance with such approaches used in the ordi-
nary course of business for such commercial product 
on the commercial marketplace; 
‘‘(2) for a commercial product that is commer-
cial technical data or commercial software, procure 
such commercial product under license terms similar 
to such terms that are customarily provided to the 
public, unless the Secretary has specifically negotiated 
different license terms; 
‘‘(3) when applicable, obtain the delivery of com-
mercial software development kits with license rights 
necessary to support the desired openness characteris-
tics for the covered system; and 
‘‘(4) to the maximum extent practical, conduct 
negotiations for desired license rights in accordance 
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1007 
with the preference for specially negotiated licenses in 
section 3774(c) of this title. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) The term ‘covered system’ means a system 
that is not a commercial product and that is acquired 
or developed under— 
‘‘(A) an acquisition program of the Depart-
ment of Defense; or 
‘‘(B) a research and development program 
of the Department to address a capability re-
quirement or joint capability requirement (as de-
fined in section 181 of this title). 
‘‘(2) The term ‘incremental standard’ means a 
specification for a module interface or key interface 
that includes— 
‘‘(A) software-defined syntax and properties 
that specifically govern how values are validly 
passed and received between subsystems and 
components in machine-readable format; 
‘‘(B) a machine-readable definition of the 
relationship between the module interface or key 
interface and existing common standards or 
interfaces available in Department databases; 
and 
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1008 
‘‘(C) documentation with functional de-
scriptions of software-defined interfaces, con-
veying semantic meaning of elements of the mod-
ule interface or key interface. 
‘‘(3) The term ‘key interface’ means a shared 
boundary between any system, subsystem of a covered 
system, or set of modules, defined by various physical, 
logical, functional characteristics, such as electrical, 
mechanical, fluidic, optical, radio frequency, data, 
networking, or software. 
‘‘(4) The term ‘modular open system approach’ 
means the application of a strategy that leverages an 
architecture that enables modules to be incrementally 
added, removed, or replaced throughout the life cycle 
of the covered system to achieve a set of objectives. 
‘‘(5) The term ‘module’ means a self-contained 
functional hardware or software unit— 
‘‘(A) that can be developed, tested, and de-
ployed independently of a module interface or 
key interface; and 
‘‘(B) that can simultaneously interact with 
another self-contained functional hardware or 
software unit described in subparagraph (A) 
through a module interface or key interface. 
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‘‘(6) The term ‘module interface’ means a shared 
boundary between modules, defined by physical, log-
ical, and functional characteristics, such as electrical, 
mechanical, fluidic, optical, radio frequency, data, 
networking, or software. 
‘‘(7) The term ‘software development kit’ means 
a collection of software tools and programs such as li-
braries, application programming interfaces, inte-
grated development environments, testing tools, or 
documentation used to create applications that are 
appropriate for a specific software platform.’’. 
(b) GUIDANCE.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
issue guidance to carry out the requirements of section 4401 
of title 10, United States Code, as amended by this section. 
(c) APPLICABILITY.—The requirements of section 4401 
of title 10, United States Code, as amended by this section, 
shall apply with respect to a contract entered into on or 
after the date of the enactment of this Act. 
(d) MODIFICATION TO RIGHTS IN TECHNICAL DATA.— 
(1) RIGHTS IN TECHNICAL DATA.—Section 3771 
of title 10, United States Code, is amended— 
(A) in subsection (a)— 
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(i) in paragraph (2)(A), by striking ‘‘ 
or copyrights’’ and inserting ‘‘, copyrights, 
trade secrets,’’; and 
(ii) by adding at the end the following 
new paragraph: 
‘‘(3) ENFORCEMENT OF CERTAIN RIGHTS.—Reg-
ulations prescribed under paragraph (1) may not af-
fect or limit any right described in paragraph (2)(A) 
or the ability of a contractor or subcontractor to en-
force such a right against a third party that has not 
otherwise obtained a license for such a right from the 
United States or from the contractor or subcon-
tractor.’’; and 
(B) in subsection (b)— 
(i) in paragraph (2), by striking 
‘‘paragraphs (3), (4), and (7),’’ and insert-
ing ‘‘paragraphs (3) and (4),’’; 
(ii) by amending paragraph (3) to 
read as follows: 
‘‘(3) INAPPLICABILITY OF PARAGRAPH (2).—Un-
less otherwise negotiated, paragraph (2) does not 
apply to technical data that— 
‘‘(A) constitutes a correction or change to 
data furnished by the United States; or 
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‘‘(B) is otherwise publicly available or has 
been released or disclosed by the contractor or 
subcontractor without restriction on further re-
lease or disclosure.’’; 
(iii) by amending paragraph (4) to 
read as follows: 
‘‘(4) EXCEPTIONS TO PARAGRAPH (2).—(A) Not-
withstanding paragraph (2), unless otherwise nego-
tiated, the United States shall have government pur-
pose rights, in perpetuity, in technical data that— 
‘‘(i) relates to form, fit, or function of an 
item or process; or 
‘‘(ii) is necessary for operation, mainte-
nance, installation, or training (other than de-
tailed manufacturing or process data) of an item 
or process. 
‘‘(B) Notwithstanding paragraph (2), the United 
States may release or disclose technical data to per-
sons outside the Government, or permit the use of 
technical data by such persons, if such release, disclo-
sure, or use— 
‘‘(i) is necessary for emergency repair and 
overhaul; 
‘‘(ii) is a release or disclosure of technical 
data (other than detailed manufacturing or proc-
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1012 
ess data) to, or use of such data by, a foreign 
government, where such release or disclosure is 
in the interest of the United States and is re-
quired for evaluation or informational purposes; 
‘‘(iii) is made subject to a prohibition that 
the person to whom the data are released or dis-
closed may not further release, disclose, or use 
such data; and 
‘‘(iv) the contractor or subcontractor assert-
ing the restriction is notified of such release, dis-
closure, or use.’’; 
(iv) in paragraph (6)— 
(I) in the paragraph heading, by 
striking ‘‘INTERFACES’’ and inserting 
‘‘MODULE INTERFACES OF AN ITEM’’; 
(II) by inserting ‘‘, in per-
petuity,’’ after ‘‘government purpose 
rights’’; and 
(III) by striking ‘‘an interface be-
tween an item or process and other 
items or processes’’ and inserting ‘‘a 
module interface of an item’’; and 
(v) in paragraph (7)— 
(I) in the paragraph heading, by 
striking ‘‘MODULAR
SYSTEM
INTER-
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FACES’’ and inserting ‘‘KEY
INTER-
FACES OF AN ITEM’’; 
(II) in subparagraph (A)— 
(aa) by striking ‘‘paragraphs 
(2) and (5)’’ and inserting ‘‘para-
graph (5) and except as otherwise 
provided by subsection (e) of sec-
tion 4401 of this title,’’; 
(bb) by inserting ‘‘, in per-
petuity,’’ after ‘‘government pur-
pose rights’’; and 
(cc) by striking ‘‘modular 
system interface’’ and inserting 
‘‘key interface of an item’’; 
(III) in subparagraph (B), by 
striking ‘‘modular system interface’’ 
and inserting ‘‘a key interface’’; and 
(IV) in subparagraph (C), by 
striking ‘‘modular system interface’’ 
and inserting ‘‘key interface of an 
item’’. 
(2) DEFINITIONS.—Section 3775(b) of title 10, 
United States Code, is amended to read as follows: 
‘‘(b) ADDITIONAL DEFINITIONS.—In this subchapter, 
the terms ‘key interface’, ‘modular open system approach’, 
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‘module interface’ have the meanings given, respectively, in 
section 4401 of this title.’’. 
(e) CONFORMING AMENDMENTS.— 
(1) Section 3791(c)(1) of title 10, United States 
Code, is amended— 
(A) in subparagraph (A), by striking ‘‘sec-
tion 4401(b) of this title’’ and inserting ‘‘section 
4401 of this title’’; and 
(B) in subparagraph (D)(iv), by striking 
‘‘modular system interfaces (as defined in section 
4401(b) of this title)’’ and inserting ‘‘module 
interfaces (as defined in section 4401(f) of this 
title)’’. 
(2) Section 4402 of title 10, United States Code, 
is repealed. 
(3) Section 4403 of title 10, United States Code, 
is repealed. 
(4) Section 4425 of title 10, United States Code, 
is amended to read as follows: 
‘‘§ 4425. Definitions 
‘‘In this subchapter: 
‘‘(1) The term ‘major system platform’ means the 
highest level structure of a major weapon system that 
is not physically mounted or installed onto a higher 
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SEC. 2308. EXTENSION OF AUTHORITY TO CARRY OUT CER-
TAIN FISCAL YEAR 2023 PROJECTS. 
(a) EXTENSION.—Notwithstanding section 2002 of the 
Military Construction Authorization Act for Fiscal Year 
2023 (division B of Public Law 117–263; 136 Stat. 2970), 
the authorizations set forth in the table in subsection (b), 
as provided in section 2301 of that Act (136 Stat. 2978), 
shall remain in effect until October 1, 2026, or the date 
of the enactment of an Act authorizing funds for military 
construction for fiscal year 2027, whichever is later. 
(b) TABLE.—The table referred to in subsection (a) is 
as follows: 
Air Force: Extension of 2023 Project Authorizations 
State/Coun-
try 
Installation or 
Location 
Project 
Original 
Authorized 
Amount 
Florida .............
Patrick Space Force 
Base ............................
Consolidated Commu-
nications Center ...
$97,000,000 
Norway .............
Rygge Air Station .........
EDI: Base Perimeter 
Security Fence ......
$8,200,000 
Oklahoma .........
Tinker Air Force Base ...
Facility And Land 
Acquisition 
(MROTC) ..............
$30,000,000 
Texas ................
Joint Base San Antonio- 
Randolph ....................
Child Development 
Center ....................
$29,000,000 
SEC. 2309. MODIFICATION OF AUTHORITY TO CARRY OUT 
FISCAL YEAR 2025 PROJECT AT F.E. WARREN 
AIR FORCE BASE, WYOMING. 
In the case of the authorization contained in the table 
in section 2301(a) of the Military Construction Authoriza-
tion Act for Fiscal Year 2025 (division B of Public Law 
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