Sec. 857. PLAN FOR PRODUCTION OF COVERED MUNITIONS FOR PROCUREMENT BY THE DEPARTMENT OF DEFENSE
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## SEC. 857 PLAN FOR PRODUCTION OF COVERED MUNITIONS FOR PROCUREMENT BY THE DEPARTMENT OF DEFENSE ###
(a)Plan Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall develop a plan for the production by private entities of covered munitions for procurement by the Department of Defense. ###
(b)Elements The plan required under subsection
(a)shall include a detailed description of challenges related to the procurement of covered munitions, and proposed actions to remediate such challenges, in the following areas: ####
(1)Regulations for net explosive weight or other environmental and safety considerations for covered munitions. ####
(2)Intellectual property rights law and regulations applicable to the procurement of covered munitions. ####
(3)Methods to reimburse intellectual property holders and private entities for potential expenses incurred in the production of covered munitions. ####
(4)Manufacturing and testing equipment lead times. ####
(5)Considerations relating to technical data, personnel transparency, and the ability of individuals to move between positions in the Federal Government and positions at entities that produce covered munitions. ####
(6)Workforce training. ####
(7)Any other challenges the Secretary determines necessary. ###
(c)Selection of Covered Munitions Not later than June 1, 2025, the Secretary of Defense shall designate a minimum of two and a maximum of four covered munitions from at least two military departments for inclusion in the plan required under subsection (a). ###
(d)Use of Innovative Intellectual Property Strategies The Secretary of Defense may consider the use of innovative intellectual property strategies pursuant to section 808 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 3791 note) in developing the plan required under subsection (a). ###
(e)Briefing Requirement Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall brief the congressional defense committees on the status and progress of the development of the plan. ###
(f)Covered Munitions Defined In this section, the term “covered munitions” means licensed munitions, test platforms for munitions, or weapon systems, including— ####
(1)munitions, test platforms, or weapon systems that could— #####
(A)replace stocks of munitions, test platforms, or weapon systems, as applicable, to meet the Out-Year Unconstrained Total Munitions Requirement (as defined in section 222c of title 10, United States Code); or #####
(B)deliver similar effects as munitions, test platforms, or weapon systems in use by the Department of Defense on the date of the enactment of this Act; and ####
(2)munitions, test platforms, or weapon systems— #####
(A)selected for inclusion in the plan required under subsection (a); and #####
(B)for which an intellectual property holder or owner of such munitions, test platforms, or weapon systems agrees to such inclusion.
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Sec. 857
PLAN FOR PRODUCTION OF COVERED MUNITIONS FOR PROCUREMENT BY THE DEPARTMENT OF DEFENSE
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