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Conference Report 107-772 - National Defense Authorization Act for Fiscal Year 2003

Conference Report Section

Legislative History

(a) AVAILABILITY OF TRAINING, KNOWLEDGE, AND RESOURCES- The Secretary of Defense shall evaluate the training, knowledge, and resources needed by the Department of Defense in order to effectively negotiate intellectual property rights using the principles of the Defense Federal Acquisition Regulation Supplement and determine whether the Department of Defense currently has in place the training, knowledge, and resources available to meet those Departmental needs.

(b) REPORT- Not later than February 1, 2003, the Secretary of Defense shall submit to Congress a report describing--

(1) the results of the evaluation performed under subsection (a);

(2) to the extent the Department does not have adequate training, knowledge, and resources available, actions to be taken to improve training and knowledge and to make resources available to meet the Department's needs; and

(3) the number of Department of Defense legal personnel trained in negotiating intellectual property arrangements.

Conference Report 107-772

The House bill contained a provision (sec. 802) that would require the Secretary of Defense to evaluate the training, knowledge, and resources needed by the Department to effectively negotiate intellectual property rights.  (See H. R. 4546 - House Bill and House Report 107-436 below)

The Senate amendment contained no similar provision. 

The Senate recedes.

H. R. 4546 - House Bill

SEC. 802. EVALUATION OF TRAINING, KNOWLEDGE, AND RESOURCES REGARDING NEGOTIATION OF INTELLECTUAL PROPERTY ARRANGEMENTS.

(a) AVAILABILITY OF TRAINING, KNOWLEDGE, AND RESOURCES- The Secretary of Defense shall evaluate the training, knowledge, and resources needed by the Department of Defense in order to effectively negotiate intellectual property rights using the principles of the Defense Federal Acquisition Regulation Supplement and determine whether the Department of Defense currently has in place the training, knowledge, and resources available to meet those Departmental needs.

(b) REPORT- Not later than February 1, 2003, the Secretary of Defense shall submit to Congress a report describing--

(1) the results of the evaluation performed under subsection (a);

(2) to the extent the Department does not have adequate training, knowledge, and resources available, actions to be taken to improve training and knowledge and to make resources available to meet the Department's needs; and

(3) the number of Department of Defense legal personnel trained in negotiating intellectual property arrangements.

House Report 107-436

SECTION 802--EVALUATION OF TRAINING, KNOWLEDGE, AND RESOURCES REGARDING NEGOTIATION OF INTELLECTUAL PROPERTY ARRANGEMENTS

This section would require the Secretary of Defense to evaluate the adequacy of training, education and resources within the acquisition community on the negotiation of intellectual property. This section would require the Secretary of Defense to report the results of the evaluation in a report to the Senate Committee on Armed Services and the House Committee on Armed Services. The report shall also include any actions that should be taken to meet the Department's needs, and the number of legal personnel within the Department of Defense (DOD) who are trained in the negotiation of intellectual property arrangements.

The committee is concerned that DOD does not have the resources to adequately negotiate intellectual property rights with the private sector. The committee notes that in 1995 DOD updated the Defense Federal Acquisition Regulations pertaining to rights in technical data and computer software. The updates resulted from the work of a Government-Industry Technical Advisory Committee, established by the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102-190). The committee is concerned that the flexibility and commercially-friendly intellectual property terms and conditions contained in these regulations are not understood, and are thus underutilized within DOD.