Sec. 813. Management of intellectual property matters within the Department of Defense
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Chapter 137 of title 10, United States Code, is amended by inserting after section 2321 the following new section: There is an Office of Intellectual Property within the Office of the Under Secretary of Defense for Acquisition and Sustainment. The Office shall be headed by a Director of Intellectual Property, who shall have the qualifications described in paragraph (3). The Director is responsible in the Department of Defense to the Under Secretary of Defense for Acquisition and Sustainment for policy and oversight of the acquisition and licensing of intellectual property within the Department of Defense.
The Director shall report directly to the Under Secretary. In order to qualify to be assigned to the position of Director, an individual shall— have management expertise in, and professional experience with, intellectual property matters, including an understanding of intellectual property law, regulations, and policies, especially with respect to regulations and policies of the Federal Government and the Department of Defense for acquiring or licensing intellectual property, and best practices for negotiating and executing business arrangements with industry for the acquisition or licensing of intellectual property; have an understanding of Department of Defense weapon system acquisition; and have an understanding of the commercial marketplace; commercial industry operations, including supply chain operations; business strategies; and private investment in research and development.
The Secretary of Defense shall designate the position of Director as a critical acquisition position under section 1733(b)(1)(C) of this title. The Director of Intellectual Property (in this section referred to as the Director ) shall oversee and coordinate efforts throughout the Department of Defense to acquire or license intellectual property within the Department of Defense. The duties under this paragraph shall include the duties specified in paragraphs
(2)through (8). The Director shall develop and recommend any policy guidance on the acquisition or licensing of intellectual property to be issued by the Secretary of Defense. The Director shall provide oversight and coordination of the efforts within the Department of Defense to acquire or license intellectual property— to ensure that program managers are aware of the rights afforded the Federal Government and contractors in intellectual property and that program managers fully consider and use all available techniques and best practices for acquiring or licensing intellectual property early in the acquisition process; to enable consistency across the military departments and the Department of Defense in strategies for obtaining intellectual property and communicating with industry; and to raise awareness within the acquisition, science and technology, and logistics communities within the Department of intellectual property issues. The Director shall assist program managers in developing customized intellectual property strategies for each weapon system based on, at a minimum, the unique characteristics of the weapon system and its components, the product support strategy for the weapon system, the organic industrial base strategy of the military department concerned, and the commercial market. The Director shall develop resources, including guidelines on intellectual property matters and, as appropriate, templates for specially negotiated licenses, and make them available to the acquisition workforce. The Director shall establish, maintain, supervise, and assign to program offices the cadre of intellectual property experts established under subsection (c). The Director, in coordination with the Defense Acquisition University and in consultation with industry, shall— develop a career path, including development opportunities, talent management programs, and training, for the cadre of intellectual property experts established under subsection (c); and develop, update, and coordinate intellectual property training provided to the acquisition workforce. The Director shall foster communications with industry and serve as a central point of contact within the Department of Defense for communications with contractors on intellectual property matters. The Director may interact directly with industry, trade associations, other Government agencies, academic research and educational institutions, and scientific organizations engaged in intellectual property matters. The Director shall establish within the Office of Intellectual Property a cadre of personnel who are experts in intellectual property matters. The purpose of the cadre is to ensure a consistent, strategic, and highly knowledgeable approach to acquiring or licensing intellectual property by providing expert advice, assistance, and resources to the acquisition workforce on intellectual property matters, including acquiring or licensing intellectual property. The cadre of experts shall be assigned to a weapons system program office or an acquisition command within a military department to advise, assist, and provide resources to a program manager or program executive officer on intellectual property matters at various stages of the life cycle of a weapon system. In performing such duties, the experts shall— interpret and provide counsel on laws, regulations, and policies relating to intellectual property; advise and assist in the development of an acquisition strategy, product support strategy, and intellectual property strategy for a weapon system; conduct or assist with financial analysis and valuation of intellectual property; assist in the drafting of a contract solicitation or contract; interact with or assist in interactions with contractors, including communications and negotiations with contractors on contract solicitations and contract awards; and conduct or assist with mediation if technical data delivered pursuant to a contract is incomplete or does not comply with the terms of the contract. In order to achieve the purpose set forth in paragraph (1), the Director shall ensure the cadre has the appropriate number of staff and such staff possesses the necessary skills, knowledge, and experience to carry out the duties under paragraph (2), including in relevant areas of law, contracting, acquisition, logistics, engineering, financial analysis, and valuation. The Director may use existing authorities to staff the cadre, including those in subparagraphs (B), (C), (D), and (F). Civilian personnel from within the Office of the Secretary of Defense, Joint Staff, military departments, Defense Agencies, and combatant commands may be assigned to serve as members of the cadre, upon request of the Director. The Director may use the authorities for highly qualified experts under section 9903 of title 5, to hire experts as members of the cadre who are skilled professionals in intellectual property and related matters. The Director may enter into a contract with a private-sector entity for specialized expertise to support the cadre. Such entity may be considered a covered Government support contractor, as defined in section 2320 of this title. In establishing the cadre, the Director shall give preference to civilian employees of the Department of Defense, rather than members of the armed forces, to maintain continuity in the cadre. The Director is authorized to use funding from the Defense Acquisition Workforce Development Fund for the purpose of recruitment, training, and retention of the cadre, including paying salaries of newly hired members of the cadre for up to three years. Members of the cadre shall report to the Director. . The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 2322. Management of intellectual property matters within the Department of Defense. . Subsection 131(b)(8) of title 10, United States Code, is amended by adding at the end the following new subparagraph: The Director of the Office of Intellectual Property assigned pursuant to section 2322(a) of this title. . Subsection 1721(b) of title 10, United States Code, is amended by adding at the end the following new paragraph: Intellectual property. . Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall revise the education and training programs provided to the acquisition workforce under chapter 87 of title 10, United States Code— to ensure the acquisition workforce maintains a basic familiarity with the fundamental aspects of the acquisition and licensing of intellectual property; and to establish and maintain advanced expertise in the acquisition and licensing of intellectual property to staff the cadre of intellectual property experts required under section 2322 of title 10, United States Code, as added by subsection (a).