Public Law 119-73 (01/23/2026)

10 U.S.C. § 4402

Requirement to address modular open system approach in program capabilities development and acquisition weapon system design

(a)

Program Capability Document .—

A program capability document for a major defense acquisition program shall identify and characterize—
(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)

Analysis of Alternatives .—

section 139a(d)(4) of this titleThe Director of Cost Assessment and Performance Evaluation, in formulating study guidance for analyses of alternatives for major defense acquisition programs and performing such analyses under , shall ensure that any such analysis for a major defense acquisition program includes consideration of evolutionary acquisition, prototyping, and a modular open system approach.
(c)

Acquisition Strategy .—

section 4211 of this titleIn the case of a major defense acquisition program that uses a modular open system approach, the acquisition strategy required under shall—
(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)

Request for Proposals .—

The milestone decision authority for a major defense acquisition program that uses a modular open system approach shall ensure that a request for proposals for the development or production phases of the program shall describe the modular open system approach and the minimum set of major system components that must be included in the design of the major defense acquisition program.
(e)

Milestone B .—

section 4252 of this titleA major defense acquisition program may not receive Milestone B approval under until the milestone decision authority determines in writing—
(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)
1
1 So in original.
section 4401(a) of this title such major system interfaces are consistent with the the  requirements of ; 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)

Implementation Guidance .—

The Secretaries of the military departments shall issue guidance to implement the requirements of this section.

Pub. L. 114–328, div. A, title VIII, § 805(a)(1)130 Stat. 2253Pub. L. 115–91, div. A, title X, § 1081(a)(40)131 Stat. 1596Pub. L. 116–92, div. A, title VIII, § 840(a)133 Stat. 1499Pub. L. 116–283, div. A, title XVIII, § 1851(b)(1)134 Stat. 4272Pub. L. 119–60, div. A, title XVIII, § 1832(a)139 Stat. 1253(Added , , , § 2446b; amended , , ; , , ; renumbered § 4402 and amended , (3), , ; , , .)

Editorial Notes

Amendments

Pub. L. 119–60section 4401(a) of this title2025—Subsec. (e)(1)(B). substituted “the requirements of ” for “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”.

Pub. L. 116–283, § 1851(b)(1)section 2446b of this title2021—, renumbered as this section.

Pub. L. 116–283, § 1851(b)(3)(A)Subsec. (c). , substituted “section 4211” for “section 2431a” in introductory provisions.

Pub. L. 116–283, § 1851(b)(3)(B)Subsec. (e). , substituted “section 4252” for “section 2366b” in introductory provisions.

Pub. L. 116–922019—Subsec. (f). added subsec. (f).

Pub. L. 115–912017—Subsec. (e). 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

Pub. L. 116–283section 1801(d) of Pub. L. 116–283section 3001 of this titleAmendment by effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as a note preceding .

Effective Date

section 805(a)(4) of Pub. L. 114–328section 4401 of this titleSection effective , see , set out as a note under .