Sec. 809. AMENDMENTS RELATING TO TECHNICAL DATA RIGHTS
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## SEC. 809 AMENDMENTS RELATING TO TECHNICAL DATA RIGHTS ###
(a)Rights Relating to Item or Process Developed Exclusively at Private Expense Subsection (a)(2)(C)(iii) of section 2320 of title 10, United States Code, is amended by inserting after “or process data” the following: “, including such data pertaining to a major system component”. ###
(b)Rights Relating to Interface or Major System Interface Subsection (a)(2) of section 2320 of such title is further amended— ####
(1)by redesignating subparagraphs
(F)and
(G)as subparagraphs
(H)and (I), respectively; ####
(2)in subparagraph (B), by striking “Except as provided in subparagraphs
(C)and (D),” and inserting “Except as provided in subparagraphs (C), (D), and (G),”; ####
(3)in subparagraph (D)(i)(II), by striking “is necessary” and inserting “is a release, disclosure, or use of technical data pertaining to an interface between an item or process and other items or processes necessary”; ####
(4)in subparagraph (E)— #####
(A)by striking “In the case” and inserting “Except as provided in subparagraphs
(F)and (G), in the case”; and #####
(B)by striking “negotiations). The United States shall have” and all that follows through “such negotiated rights shall” and inserting the following: “negotiations) and shall be based on negotiations between the United States and the contractor, except in any case in which the Secretary of Defense determines, on the basis of criteria established in the regulations, that negotiations would not be practicable. The establishment of such rights shall”; and ####
(5)by inserting after subparagraph
(E)the following new subparagraphs
(F)and (G): > > ##### “(F) Interfaces developed with mixed funding > > Notwithstanding subparagraph (E), the United States shall have government purpose rights in technical data pertaining to an interface between an item or process and other items or processes that was developed in part with Federal funds and in part at private expense, except in any case in which the Secretary of Defense determines, on the basis of criteria established in the regulations, that negotiation of different rights in such technical data would be in the best interest of the United States. > > > ##### “(G) Major system interfaces developed exclusively at private expense or with mixed funding > > Notwithstanding subparagraphs
(B)and (E), the United States shall have government purpose rights in technical data pertaining to a major system interface developed exclusively at private expense or in part with Federal funds and in part at private expense and used in a modular open system approach pursuant to section 2446a of this title, except in any case in which the Secretary of Defense determines that negotiation of different rights in such technical data would be in the best interest of the United States. Such major system interface shall be identified in the contract solicitation and the contract. For technical data pertaining to a major system interface developed exclusively at private expense for which the United States asserts government purpose rights, the Secretary of Defense shall negotiate with the contractor the appropriate and reasonable compensation for such technical data.” > . ###
(c)Amendment Relating to Deferred Ordering Subsection (b)(9) of section 2320 of such title is amended— ####
(1)by striking “at any time” and inserting “, until the date occurring six years after acceptance of the last item (other than technical data) under a contract or the date of contract termination, whichever is later,”; ####
(2)by striking “or utilized in the performance of a contract” and inserting “in the performance of the contract”; and ####
(3)by striking clause
(ii)of subparagraph
(B)and inserting the following: > > ###### “(ii) > > is described in subparagraphs (D)(i)(II), (F), and
(G)of subsection (a)(2); and” > . ###
(d)Definitions Section 2320 of such title is further amended— ####
(1)in subsection (f), by inserting “Covered Government Support Contractor Defined.—” before “In this section”; and ####
(2)by adding at the end the following new subsection: > > ### “(g) Additional Definitions > > In this section, the terms ‘major system component’, ‘major system interface’, and ‘modular open system approach’ have the meanings provided in section 2446a of this title.” > . ###
(e)Amendments to Add Certain Headings for Readability Section 2320(a) of such title is further amended— ####
(1)in subparagraph
(A)of paragraph (2), by inserting after “(A)” the following: “Development exclusively with federal funds.—”; ####
(2)in subparagraph
(B)of such paragraph, by inserting after “(B)” the following: “Development exclusively at private expense.—”; ####
(3)in subparagraph
(C)of such paragraph, by inserting after “(C)” the following: “Exception to subparagraph (b).—”; ####
(4)in subparagraph
(D)of such paragraph, by inserting after “(D)” the following: “Exception to subparagraph (b).—”; and ####
(5)in subparagraph
(E)of such paragraph, by inserting after “(E)” the following: “Development with mixed funding.—”. ###
(f)Government-industry Advisory Panel Amendments Section 813(b) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 892) is amended— ####
(1)by adding at the end of paragraph
(1)the following: “The panel shall develop recommendations for changes to sections 2320 and 2321 of title 10, United States Code, and the regulations implementing such sections.”; ####
(2)in paragraph (3)— #####
(A)by redesignating subparagraphs
(D)and
(E)as subparagraphs
(E)and (F), respectively; and #####
(B)by inserting after subparagraph
(C)the following new subparagraph (D): > > ##### “(D) > > Ensuring that the Department of Defense and Department of Defense contractors have the technical data rights necessary to support the modular open system approach requirement set forth in section 2446a of title 10, United States Code, taking into consideration the distinct characteristics of major system platforms, major system interfaces, and major system components developed exclusively with Federal funds, exclusively at private expense, and with a combination of Federal funds and private expense.” > ; and ####
(3)by amending paragraph
(4)to read as follows: > > #### “(4) Final report > > Not later than February 1, 2017, the advisory panel shall submit its final report and recommendations to the Secretary of Defense and the congressional defense committees. Not later than 60 days after receiving the report, the Secretary shall submit any comments or recommendations to the congressional defense committees.” > . ## Subtitle C Amendments to General Contracting Authorities, Procedures, and Limitations
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