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SEC. 835. LICENSING OF APPROPRIATE
INTELLECTUAL PROPERTY TO SUPPORT MAJOR WEAPON SYSTEMS.
(a) Negotiation Of Price For Technical Data
Before Development Or Production Of Major Weapon System.—
(1) REQUIREMENT.—Chapter 144 of title
10, United States Code, is amended by inserting after section
2438 the following new section:
Ҥ 2439. Negotiation of price for
technical data before development or production of major weapon
systems
“The Secretary of Defense shall ensure that the Department of
Defense, before selecting a contractor for the engineering and
manufacturing development of a major weapon system, or for the
production of a major weapon system, negotiates a price for
technical data to be delivered under a contract for such
development or production.”.
(2) CLERICAL AMENDMENT.—The table of
sections at the beginning of such chapter is amended by
inserting after the item relating to section 2438 the
following new item:
“2439. Negotiation of price for
technical data before development or production of major weapon
systems.”.
(3) EFFECTIVE DATE.—Section 2439 of
title 10, United States Code, as added by paragraph (1), shall
apply with respect to any contract for engineering and
manufacturing development of a major weapon system, or for the
production of a major weapon system, for which the contract
solicitation is issued on or after the date occurring one year
after the date of the enactment of this Act.
(b) Written Determination For Milestone
B Approval.—
(1) IN GENERAL.—Subsection (a)(3) of
section 2366b of title 10, United States Code, is amended—
(A) by striking “and” at the end of
subparagraph (M); and
(B) by inserting after subparagraph (N) the following new
subparagraph:
“(O) appropriate actions have been taken to negotiate and
enter into a contract or contract options for the technical
data required to support the program; and”.
(2) EFFECTIVE DATE.—Section
2366b(a)(3)(O) of title 10, United States Code, as added by
paragraph (1), shall apply with respect to any major defense
acquisition program receiving Milestone B approval on or after
the date occurring one year after the date of the enactment of
this Act.
(c) Preference For Negotiation Of
Customized License Agreements.—Section 2320 of title 10, United
States Code, is amended—
(1) by redesignating subsections (f)
and (g) as subsections (g) and (h), respectively; and
(2) by inserting after subsection (e) the following new
subsection (f):
“(f) Preference For Specially Negotiated Licenses.—The
Secretary of Defense shall, to the maximum extent practicable,
negotiate and enter into a contract with a contractor for a
specially negotiated license for technical data to support the
product support strategy of a major weapon system or subsystem
of a major weapon system. In performing the assessment and
developing the corresponding strategy required under
subsection (e) for such a system or subsystem, a program
manager shall consider the use of specially negotiated
licenses to acquire customized technical data appropriate for
the particular elements of the product support strategy.”.
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Licensing of appropriate intellectual
property to support major weapon systems (sec. 835)
The House bill contained a provision (sec.
812) that would require the Department of Defense to work with
contractors to determine prices for technical data the
Department plans to acquire or license before selecting a
contractor for the engineering and manufacturing development
phase or the production phase of a major weapon system.
Additionally, this provision would encourage program managers to
negotiate with industry to obtain the custom set of technical
data necessary to support each major defense acquisition program
rather than, as a default approach, seeking greater rights to
more extensive, detailed technical data than is necessary.
The Senate amendment contained no
similar provision.
The Senate recedes. |
