Sec. 882. REVERSE ENGINEERING OR RE-ENGINEERING FOR PRODUCTION OF ITEMS

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## SEC. 882 REVERSE ENGINEERING OR RE-ENGINEERING FOR PRODUCTION OF ITEMS ###

(a)Reverse Engineering or Re-Engineering Process Not later than one year after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with each Secretary of a military department and the Director of the Defense Logistics Agency, shall establish a process to— ####

(1)identify items for which— #####

(A)technical data is not available; or #####

(B)rights in such technical data does not allow for manufacturing of the item; and ####

(2)create streamlined procedures for production of a item identified under paragraph

(1)through reverse engineering or re-engineering— #####

(A)if production of the item may be required for point of use manufacturing or for a contested logistics environment (as defined in section 2926 of title 10, United States Code); #####

(B)if the manufacturer of the item will not meet the schedule for delivery required by the contracting officer to maintain weapon system readiness or responsiveness in the event of mobilization; or #####

(C)with respect to a item for which a head of the contracting activity can only acquire by entering into a sole source contract, if such head submits to the service acquisition executive (as defined in section 101 of title 10, United States Code) a written determination that such reverse engineering or re-engineering is beneficial to sustain training or operations of the Department of Defense with respect to such item. ###

(b)Annual Report ####

(1)In general Not later than one year after the date of the enactment of this Act, and annually thereafter until December 31, 2030, the Under Secretary of Defense for Acquisition and Sustainment, in coordination with each Secretary of a military department and the Director of the Defense Logistics Agency, shall submit to the congressional defense committees a report on the use of reverse engineering or re-engineering carried out pursuant to the process required under subsection (a). ####

(2)Contents Each report required by paragraph

(1)shall include the following: #####

(A)A list of items produced through reverse engineering or re-engineering, disaggregated by element of the Department of Defense described in section 111(b) of title 10, United States Code that used the process established under subsection (a). #####

(B)Representative case studies of items listed under subparagraph (A), including a description of the use case of each item, the efforts used to acquire the technical data or technical data rights needed to manufacture the item, and the estimated cost or time savings obtained, the estimated cost or time savings obtained over an estimated time horizon of ten years of acquisition requirements, including the identification of recurring and nonrecurring costs. #####

(C)Recommendations and lessons learned that may inform contracting guidance and procedures, especially regarding the creation of technical data packages and technical data rights through reverse engineering or re-engineering.