10 U.S.C. § 3791: Management of intellectual property matters within the Department of Defense

to enable coordination and consistency across the military departments and the Department of Defense in strategies for acquiring or licensing intellectual property and communicating with industry; to ensure that program managers are aware of the rights afforded the Federal Government and contractors in intellectual property and that program managers fully consider and use all available techniques and best practices for acquiring or licensing intellectual property early in the acquisition process; and to encourage customized intellectual property strategies for each system based on, at a minimum, the unique characteristics of the system and its components, the product support strategy for the system, the organic industrial base strategy of the military department concerned, and the commercial market. For a provision requiring establishment of a cadre of personnel who are experts in intellectual property matters, see section 1707 of this title . intellectual property strategies and other mechanisms supporting the use of modular open system approaches (as defined in section 4401(b) of this title ); evaluation and negotiation of intellectual property licenses in competitive and non-competitive awards; models and best practices for specially negotiated licenses, including specially negotiated licenses described in section 3774(c) of this title ; and detailed manufacturing and process data; form, fit, and function data; data required for operations, maintenance, installation, and training; modular system interfaces (as defined in section 4401(b) of this title ); and technical data pertaining to an interface between an item or process and other items or processes necessary for the segregation of an item or process from, or the reintegration of that item or process (or a functionally equivalent item or process) with, other items or processes. The guidelines and resources developed under paragraph (1) may not alter or affect any authority or duty under this section or section 1707 of this title . review the applicable statutory and regulatory history, including among the definitions and key terms in section 3771 of this title , to ensure consistency; and regularly consult with appropriate government and industry persons and organizations. The Secretary of Defense shall ensure that the acquisition workforce receives training on the guidelines and resources developed under paragraph (1). The Secretary of Defense shall establish a pilot program for the use of innovative intellectual property strategies that meet the criteria described in subsection (b) to acquire the necessary technical data rights required for the operation, maintenance, and installation of, and training for, covered programs designated under subsection (c). The use of an escrow account to verify and hold intellectual property data. The use of royalties or licenses. Other strategies, as determined by the Secretary. the Secretary of each military department shall designate one covered program within the military department under the jurisdiction of such Secretary; and the Under Secretary of Defense for Acquisition and Sustainment shall designate one covered program within the Defense Agencies or Department of Defense Field Activities (as defined, respectively, in section 101 of title 10 , United States Code). Not later than 180 days after the date of the enactment of this Act [ Dec. 22, 2023 ], the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Secretaries of the military departments, shall provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives with a detailed plan to implement the pilot program required under this section. the effectiveness of the pilot program in acquiring the necessary technical data rights necessary to support timely, cost-effective maintenance and sustainment of the acquisition programs designated under subsection (c); and any recommendations for the applicability of lessons learned from the pilot program. The authority to carry out the pilot program established under this section shall terminate on December 31, 2028 . The term ‘covered program’ means an acquisition program under which procurements are conducted using a pathway of the adaptive acquisition framework (as described in Department of Defense Instruction 5000.02, ‘Operation of the Adaptive Acquisition Framework’). The term ‘technical data rights’ has the meaning given in section 3771 of title 10 , United States Code.”