[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1443 Introduced in Senate (IS)]

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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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Defense Software 
Management Improvement Act of 2017''.

SEC. 2. USE OF OPEN SOURCE SOFTWARE.

    (a) Open Source Software.--
            (1) In general.--Chapter 137 of title 10, United States 
        Code, is amended by inserting after section 2320 the following 
        new section:
``Sec. 2320a. Use of open source software
    ``(a) Software Development.--All unclassified custom-developed 
computer software and related technical data that is not a defense 
article regulated pursuant to section 38 of the Arms Export Control Act 
(22 U.S.C. 2778) and that is developed under a contract or other 
transaction awarded by the Department of Defense on or after the date 
that is 180 days after the date of the enactment of this section shall 
be managed as open source software unless specifically waived by the 
service acquisition executive.
    ``(b) 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 (a) in a public repository 
approved by the Department of Defense, subject to a license through 
which the copyright holder provides the rights to use, study, reuse, 
modify, enhance, and distribute the software to anyone and for any 
purpose.
    ``(c) Applicability to Existing Software.--The Secretary of Defense 
shall, where appropriate--
            ``(1) apply open source licenses to existing custom-
        developed computer software; and
            ``(2) release related source code and technical data in a 
        public repository location approved by the Department of 
        Defense.
    ``(d) Definitions.--In this section:
            ``(1) Custom-developed computer software.--The term 
        `custom-developed computer software' means human-readable 
        source code, including segregable portions thereof, that is 
        first produced in the performance of a Department of Defense 
        contract or other transaction, or is otherwise fully funded by 
        the Federal Government.
            ``(2) Technical data.--The term `technical data' has the 
        meaning given the term in section 2302 of this title.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding after the item 
        relating to section 2320 the following new item:

``2320a. Use of open source software.''.
    (b) Prize Competition.--The Secretary of Defense shall create a 
prize for a research and develop program or other activity for 
identifying, capturing, and storing existing Department of Defense 
custom-developed computer software and related technical data. The 
Secretary of Defense shall create an additional prize for improving, 
repurposing, or reusing software to better support the Department of 
Defense mission. The prize programs shall be conducted in accordance 
with section 2374a of title 10, United States Code.
    (c) 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 unavailable.
    (d) Definitions.--In this section:
            (1) Custom-developed computer software.--The term ``custom-
        developed computer software'' means human-readable source code, 
        including segregable portions thereof, that is first produced 
        in the performance of a Department of Defense contract or other 
        transaction, or is otherwise fully funded by the Federal 
        Government.
            (2) Technical data.--The term ``technical data'' has the 
        meaning given the term in section 2302 of title 10, United 
        States Code.
    (e) Regulations.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall amend the Defense 
Federal Acquisition Regulation Supplement to carry out this section and 
the amendments made by this section.
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