[Congressional Record Volume 163, Number 149 (Thursday, September 14, 2017)]
[Senate]
[Pages S5755-S5760]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1063. Mr. TILLIS submitted an amendment intended to be proposed to 
amendment SA 1003 proposed by Mr. McCain (for himself and Mr. Reed) to 
the bill H.R. 2810, to authorize appropriations for fiscal year 2018 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       In section 886, beginning in the new section 2320a of title 
     10, United States Code, as added by subsection (a)(1) of such 
     section 886, strike subsection (c) of such section 2320a and 
     all that follows through the end of subsection (d)(1) of such 
     section 886 and insert the following:
       ``(c) Applicability to Existing Software.--The Secretary of 
     Defense shall, where appropriate--
       ``(1) seek to negotiate open source licenses to existing 
     custom-developed computer software with contractors that 
     developed it; 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'--
       ``(A) means human-readable source code, including 
     segregable portions thereof, that is--
       ``(i) first produced in the performance of a Department of 
     Defense contract, grant, cooperative agreement, or other 
     transaction; or
       ``(ii) developed by a contractor or subcontractor 
     exclusively with Federal funds (other than an item or process 
     developed under a contract or subcontract to which 
     regulations under section 9(j)(2) of the Small Business Act 
     (15 U.S.C. 638(j)(2)) apply); and
       ``(B) does not include Commercial Off-The-Shelf software, 
     or packaged software developed exclusively at private 
     expense, whether delivered as a Cloud Service, in binary 
     form, or by any other means of software delivery.
       ``(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

[[Page S5760]]

     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''--
       (A) means human-readable source code, including segregable 
     portions thereof, that is--
       (i) first produced in the performance of a Department of 
     Defense contract, grant, cooperative agreement, or other 
     transaction; or
       (ii) developed by a contractor or subcontractor exclusively 
     with Federal funds (other than an item or process developed 
     under a contract or subcontract to which regulations under 
     section 9(j)(2) of the Small Business Act (15 U.S.C. 
     638(j)(2)) apply); and
       (B) does not include Commercial Off-The-Shelf software, or 
     packaged software developed exclusively at private expense, 
     whether delivered as a Cloud Service, in binary form, or by 
     any other means of software delivery.
                                 ______