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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle G — Provisions Relating to Software and Technical Data Matters

P. L. 115-

House Conference Report. 115-874

Section 2321(f) of title 10, United States Code, is amended—

(1) by striking “(1) Except as provided in paragraph (2), in” and inserting “In”; and

(2) by striking paragraph (2).

The Senate amendment contained a provision (sec. 881) that would amend section 2321(f) of title 10, United States Code, to clarify the application of rights in technical data relating to major weapons systems. This provision would also amend section 2320 of title 10, United States Code, to clarify the application of licensing of appropriate intellectual property to support major weapons systems with regard to preferences for specially negotiated licenses.

The House bill contained no similar provision.

The House recedes with an amendment that would amend only section 2321(f) of title 10, United States Code.

The conferees note that Specially Negotiated Licenses are a new concept in government technical data rights and are being interpreted in many different ways by industry and government alike.

Therefore, the conferees direct the Under Secretary of Defense for Acquisition and Sustainment, in conjunction with the Service Acquisition Executives, to develop guidelines, training, and policy for the usage and application of specially negotiated licenses to clarify the terms under which such licenses should be used when considering a product support strategy of a major weapon system or subsystem of a major weapon system. The Under Secretary of Defense for Acquisition and Sustainment is directed to brief the resulting guidelines and other actions to the congressional defense committees no later than 180 days after the date of enactment of this Act.