Sec. 835. Acquisition workforce incentives relating to training on and agreements with certain software businesses
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/bill/117/hr/7900/rh/section-835A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than one year after the date of the enactment of this Act, the head of the Acquisition Innovation Research Center shall develop one or more curricula for members of the acquisition workforce on financing and operations of start-up businesses, with a focus on covered start-up businesses. Courses under curricula developed under paragraph
(1)shall be offered with varying course lengths and level of study. The Secretary of Defense shall develop a program to offer incentives to a member of the acquisition workforce that completes a curriculum developed under paragraph (1). In developing curricula required under paragraph (1), the head of the Acquisition Innovation Research Center shall consider and incorporate appropriate training materials from curricula in business, law, or public policy. The Secretary of Defense shall establish a pilot program under which the Secretary shall, in accordance with section 1599g of title 10, United States Code, arrange for the temporary assignment of one or more members of the acquisition workforce to a covered start-up business, or from a covered start-up business to an office of the Department of Defense. The Secretary shall prioritize for participation in the pilot program established under this subsection members of the acquisition workforce who have completed a curricula required under paragraph (1). The Secretary may not carry out the pilot program authorized by this subsection after the date that is three years after the date of the enactment of this Act. The Secretary of Defense shall organize a conference, to take place not less frequently than biannually, to facilitate discussion between participants listed in subsection
(b)on the following: Best practices relating to acquisition of software. Methods of effective collaboration between such participants. Participants in a conference organized under paragraph
(1)may include the following: Members of the acquisition workforce. Employees of and investors in covered start-up businesses. Not later than 18 months after the date of the enactment of this Act, the Secretary of Defense shall establish a pilot program to test the feasibility of unique approaches to negotiating and establishing software data rights in agreements for the procurement of software. To the maximum extent practicable, the Secretary shall— ensure that a member of the acquisition workforce who has completed a curricula required under subsection
(a)is able to exercise authority to apply an approach described in paragraph (1); and provide incentives to such member to exercise such authority. An agreement described in paragraph
(1)shall include the following: Flexible requirements relating to the acquisition or licensing of intellectual property based on the software to be acquired under the agreement. An identification and definition of the technical interoperability standards required for such software. Flexible mechanisms for delivery of code for such software, where each such mechanism includes documentation of the costs and benefits of such mechanism. The United States shall seek to avoid asserting unlimited rights or government purpose rights to software acquired under an agreement entered into pursuant to the pilot program established under this section. The Secretary may not carry out the pilot program authorized by this subsection after the date that is 5 years after the date of the enactment of this Act. In this section: The term Acquisition Innovation Research Center means the acquisition research organization within a civilian college or university that is described under section 4142(a) of title 10, United States Code. The term acquisition workforce has the meaning given in section 101 of title 10, United States Code. The term covered start-up businesses means a start-up business that is a party to, or is seeking to enter into, an agreement with the Department of Defense, the products and services of which include software as a substantial component of the offer for such agreement. The term start-up business means a business that is not publicly traded and that has not been acquired by a prime contractor.