Overview
Title
To amend title 10, United States Code, to require the Secretary of Defense to disclose standards for implementation of the modular open system approaches for contracts of the Department of Defense, and for other purposes.
ELI5 AI
The bill wants the person in charge of defense in the U.S. to share the rules for how they make things work together in their projects, like building blocks that fit with others, unless there's a good reason not to. If they don't share, they have to explain why to the people in charge at the government.
Summary AI
H.R. 9663 is a bill introduced in the House of Representatives that aims to change a part of the United States Code related to defense contracts. It requires the Secretary of Defense to make public the standards for implementing modular open system approaches in defense contracts, unless there is a specific reason not to disclose them. If the standards are not disclosed, a report justifying this decision must be submitted to Congress. This bill is known as the "Open-Source Standards Reporting Act of 2024."
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AnalysisAI
General Summary of the Bill
The bill, titled the "Open-Source Standards Reporting Act of 2024," aims to amend title 10 of the United States Code. The primary objective is to require the Secretary of Defense to publicly disclose standards related to the implementation of modular open system approaches in defense contracts. Essentially, this means making certain defense-related information more accessible to the public, which could promote transparency and open standards in defense procurement processes. The bill does allow for exceptions where the Secretary or the service acquisition executive may withhold such disclosures, provided that a report justifying the decision is submitted to Congress.
Summary of Significant Issues
One of the main issues with the bill is the lack of a clear definition for "modular open system approaches." This can lead to confusion or misinterpretation among contractors and Department of Defense personnel about the exact requirements or expectations. Additionally, the criteria for withholding the disclosure of such standards are not well-defined, leading to potential inconsistencies and reduced transparency. Furthermore, the bill does not specify when the Secretary or service acquisition executive must report to Congress if standards are withheld, potentially delaying oversight. Finally, it lacks detail on how the standards will be made publicly available, which could complicate accessibility for interested parties.
Impact on the Public
Broadly, the bill could enhance transparency within the Department of Defense by requiring the publication of certain standards. This increased transparency might allow for greater public oversight and could potentially lead to improved efficiency and competition in defense contracting. Making this information publicly available aligns with broader trends towards open government and could bolster trust in defense procurement processes. However, any lack of access due to undefined publication methods could mitigate these benefits.
Impact on Specific Stakeholders
For contractors and companies in the defense industry, the bill could foster a more level playing field by clarifying the standards required for defense contracts. This might encourage innovation and adoption of modular systems, potentially leading to cost reductions and improved interoperability of defense systems. On the other hand, the potential ambiguity regarding the "modular open system approaches" might create compliance challenges and necessitate further clarification from the Department of Defense.
Moreover, the ability of the Secretary or service acquisition executive to withhold disclosure could maintain necessary confidentiality in sensitive areas, which is important for national security. However, without clear guidelines, this could also lead to overuse of such exemptions, thereby undermining the goal of increased transparency. For Congress, the bill mandates additional oversight responsibility, ensuring that decisions to withhold information are justified and subject to scrutiny.
Issues
The term 'modular open system approaches' is not clearly defined, which could lead to ambiguity in its implementation and interpretation related to Section 2 of the bill. This lack of definition may impact how contractors and the Department of Defense understand and apply the system, potentially leading to inconsistencies and challenges in enforcement.
The clause in Section 2 allowing either the Secretary of Defense or the service acquisition executive to withhold disclosure of the standards lacks clear criteria or guidelines. This could result in inconsistent decision-making and a lack of transparency, undermining accountability within the Department of Defense.
Section 2 does not establish a specific timeline for the Secretary or service acquisition executive to submit a report to Congress when standards are not disclosed. This absence of a deadline could delay accountability and oversight by Congress.
The bill in Section 2 does not specify how the standards will be publicly available, which could lead to accessibility issues. Without clear guidance on publication methods, interested parties may find it challenging to access important information on defense standards.
Sections
Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.
1. Short title Read Opens in new tab
Summary AI
The section titled "Short Title" specifies that the Act can be referred to as the "Open-Source Standards Reporting Act of 2024".
2. Disclosure of standards for implementation of the modular open system approaches for contracts of the Department of Defense Read Opens in new tab
Summary AI
The bill amends a section of the United States Code to require the Secretary of Defense to publicly share standards for modular open system approaches in defense contracts within one year, unless there's a specific decision not to disclose. If they decide not to disclose, they must report to Congress explaining why.