Sec. 892. Inventory of technical data rights for weapon system sustainment
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Not later than 90 days after the date of the enactment of this Act, each service acquisition executive shall initiate a process to establish an inventory of the required covered data related to procured covered systems. Such inventory shall be made available for use by employees of the Department of Defense or depot maintenance support contractors. In conducting the inventory required by subsection (a), each service acquisition executive shall review requirements for covered data identified during the design, development, and procurement of a covered system including, as applicable— the planning for sustainment and the development of a life cycle cost estimate for the covered system required by paragraphs
(4)and
(6)of section 4251(b) of title 10, United States Code; the life-cycle sustainment planning required by paragraph
(10)of section 4252(b) of title 10, United States Code; the estimate of requirements for core logistics capabilities required by paragraph
(11)of such section 4252(b); the actions planned to acquire technical data required by paragraph
(13)of such section 4252(b); the assessment of the long-term technical data needs required by subsection (a)(1)(A) of section 3774 of title 10, United States Code; the acquisition strategy to provide for technical data rights required by subsection (a)(1)(B) of such section 3774; the assessment and strategy related to inclusion of a priced contract option required by subsection (b)(2) of such section 3774; the assessment and strategy related to the potential for changes in the sustainment plan over the life cycle of the covered system required by subsection (b)(3) of such section 3774; the product support strategy developed by the product support manager under section 4324(b)(1)(A) of title 10, United States Code, as in effect on the day before the date of the enactment of this Act; requirements related to rights in technical data as described in section 3772 of title 10, United States Code. requirements related to acquisition or licensing of intellectual property required by section 3791 of title 10, United States Code, as it pertains to the covered system; the intellectual property management plan for product support required by section 4324(b)(1)(G) of title 10, United States Code, as in effect on the day before the date of the enactment of this Act; and the identification of major maintenance and overhaul requirements that will be required during the life cycle of the covered system required by section 4324(b)(1)(J) of title 10, United States Code, as in effect on the day before the date of the enactment of this Act. After completing the inventory required by subsection (a), the service acquisition executive shall publish an assessment of covered data related to procured covered systems. In conducting this assessment, the service acquisition executive shall, for each requirement identified in subsection (b)— confirm that the service acquisition executive has, or has access to, the covered data described in the requirement; describe the physical or electronic storage location of the covered data that is in the possession of the service acquisition executive concerned, or the method of access to the covered data, as applicable; and describe the category of rights, including customized commercial licenses or specially negotiated licenses, associated with the covered data. Based on the review of requirements in subsection
(b)and the assessment required by subsection (c), the service acquisition executive shall specifically identify any insufficiency in the possession of, or access to, covered data that negatively affects the ability of a Secretary of a military department to effectively operate the procured covered system and maintain it in a cost-effective manner. For each procured covered system, the service acquisition executive shall— work with any contractor for such procured covered system to— determine the best approach to remedy an insufficiency identified pursuant to subsection
(d)in the most cost-effective manner practicable; and develop a cost estimate associated such remedy; and provide to the Secretary of Defense and chiefs of the Armed Forces the cost estimate described in paragraph (1)(B) and a recommended plan of action, including the funding required to provide such remedy. Not later than April 1, 2026, and every 90 days thereafter until the inventory required by subsection
(a)is complete, each service acquisition executive shall provide to the congressional defense committees a briefing on— progress made toward completing the inventory; a summary of findings from the inventory; efforts to remedy an insufficiency in covered data, including a summary of actions to fund such remedy; a description of the method used in negotiating with any relevant contractor to access covered data, including use of customized commercial licenses or specially negotiated licenses, associated with the covered data; and any lessons learned to plan for and acquire covered data related to procured covered systems. The cadre of intellectual property experts established under section 1707 of title 10, United States Code, shall provide advice, assistance, and resources to a service acquisition executive in conducting an inventory required by this section. In this Act: The term service acquisition executive has the meaning given in section 101 of title 10, United States Code. The term covered system means— a major defense acquisition program as defined in section 4201 of title 10, United States Code; or an acquisition program or project that is carried out using the rapid prototyping or rapid fielding acquisition pathway under section 3602 of such title that is estimated by the Secretary of Defense to require an eventual total expenditure described in section 4201(a)(2) of such title. The term covered data means technical data and computer software. The term depot maintenance support contractor means a contractor performing a contract under the direction and control of the Secretary of Defense in support of depot-level maintenance and repair (as defined in section 2460 of title 10, United States Code). The term procured covered system means a covered system for which the Secretary of Defense has taken delivery of, has access to, or has negotiated terms to enable guaranteed access or delivery at a future date, for use by employees of the Department of Defense or depot maintenance support contractors.