Sec. 835. LICENSING OF APPROPRIATE INTELLECTUAL PROPERTY TO SUPPORT MAJOR WEAPON SYSTEMS
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## SEC. 835 LICENSING OF APPROPRIATE INTELLECTUAL PROPERTY TO SUPPORT MAJOR WEAPON SYSTEMS ###
(a)Negotiation of Price for Technical Data Before Development or Production of Major Weapon System ####
(1)Requirement Chapter 144 of title 10, United States Code, is amended by inserting after section 2438 the following new section: > > ## “SEC. 2439 Negotiation of price for technical data before development or production of major weapon systems > > **[**[10 U.S.C. 2439](/us/usc/t10/s2439)**]** > > “The Secretary of Defense shall ensure that the Department of Defense, before selecting a contractor for the engineering and manufacturing development of a major weapon system, or for the production of a major weapon system, negotiates a price for technical data to be delivered under a contract for such development or production.” > . ####
(2)Clerical amendment **[**[00 U.S.C. 2430](/us/usc/t00/s2430)**]** The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2438 the following new item:" “2439. Negotiation of price for technical data before development or production of major weapon systems.” ". ####
(3)Effective date **[**[10 U.S.C. 2439 note](/us/usc/t10/s2439)**]** Section 2439 of title 10, United States Code, as added by paragraph (1), shall apply with respect to any contract for engineering and manufacturing development of a major weapon system, or for the production of a major weapon system, for which the contract solicitation is issued on or after the date occurring one year after the date of the enactment of this Act. ###
(b)Written Determination for Milestone B Approval ####
(1)In general Subsection (a)(3) of section 2366b of title 10, United States Code, is amended— #####
(A)by striking “and” at the end of subparagraph (M); and #####
(B)by inserting after subparagraph
(N)the following new subparagraph: > > ##### “(O) > > appropriate actions have been taken to negotiate and enter into a contract or contract options for the technical data required to support the program; and” > . ####
(2)Effective date **[**[10 U.S.C. 2366b note](/us/usc/t10/s2366b)**]** Section 2366b(a)(3)(O) of title 10, United States Code, as added by paragraph (1), shall apply with respect to any major defense acquisition program receiving Milestone B approval on or after the date occurring one year after the date of the enactment of this Act. ###
(c)Preference for Negotiation of Customized License Agreements Section 2320 of title 10, United States Code, is amended— ####
(1)by redesignating subsections
(f)and
(g)as subsections
(g)and (h), respectively; and ####
(2)by inserting after subsection
(e)the following new subsection (f): > > ### “(f) Preference for Specially Negotiated Licenses > > 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 technical data to support the product support strategy of a major weapon system or subsystem of a major weapon system. In performing the assessment and developing the corresponding strategy required under subsection
(e)for such a system or subsystem, a program manager shall consider the use of specially negotiated licenses to acquire customized technical data appropriate for the particular elements of the product support strategy.” > .
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- 00 USC 2430
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Sec. 835
LICENSING OF APPROPRIATE INTELLECTUAL PROPERTY TO SUPPORT MAJOR WEAPON SYSTEMS
Cite00 USC 2430
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