Sec. 824. Additional requirements for negotiations for noncommercial computer software
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Section 2322a of title 10, United States Code, is amended by adding at the end the following new subsections: As part of any negotiation for the acquisition of noncommercial computer software, the Secretary of Defense may not require a contractor to sell or otherwise relinquish to the Federal Government any rights to noncommercial computer software developed exclusively at private expense, except for rights related to— corrections or changes to such software or related materials for such software furnished to the contractor by the Department of Defense; such software or related materials for such software that is otherwise publicly available or that has been released or disclosed by the contractor or subcontractor without restrictions on further use, release, or disclosure, other than a release or disclosure resulting from the sale, transfer, or other assignment of interest in such software or related materials to another party; such software or related materials for such software obtained with unlimited rights under another contract with the Federal Government or as a result of such a negotiation; or such software or related materials for such software furnished to the Department of Defense under a contract or subcontract that includes— restricted rights in such software, limited rights in technical data, or government purpose rights, where such restricted rights, limited rights, or government purpose rights have expired; or government purpose rights, where the contractor’s exclusive right to use such software or related materials for commercial purposes has expired.
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 noncommercial computer software or related materials for such software necessary to support the product support strategy of a major weapon system or subsystem of a major weapon system. .