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

Subtitle C--Provisions Relating to Software and Technology

P. L. 116-

House Conference Report   116-617

(b) Elements.--The report required under subsection (a) shall assess the following:

(1) The extent to which the Department of Defense is fulfilling the core principles established in such Instruction.

(2) The extent to which the Defense Acquisition University (established under section 1746 of title 10, United States Code) and elements of the Department of Defense (specified in paragraphs (1) through (10) of section 111(b) of such title) are carrying out the requirements of such Instruction.

(3) The progress of the Secretary of Defense in establishing a cadre of intellectual property experts (as required under section 2322(b) of such title), including the extent to which members of such cadre are executing their roles and responsibilities.

(4) The performance of the Secretary of Defense in assessing and demonstrating the implementation of such Instruction, including the effectiveness of the cadre described in paragraph (3).

(5) The effectiveness of the cadre described in paragraph (3) in providing resources on the acquisition and licensing of intellectual property.

(6) The effect implementation of such Instruction has had on particular acquisitions.

(7) The extent to which feedback from appropriate stakeholders was incorporated, including large and small businesses, traditional and nontraditional defense contractors (as defined in section 2302(9) of title 10, United States Code), and maintenance and repair organizations.

(8) Any other matters the Comptroller General determines appropriate.

The House bill contained a provision (sec. 820A) that would require the Department of Defense to consult with stakeholders to develop guidelines for the acquisition of intellectual property (e.g., technological processes), to include model forms and definitions of key terms.

The Senate amendment contained a similar provision (sec. 883) that would direct the Comptroller General of the United States to report on the implementation of the Department of Defense's instruction for intellectual property acquisition and licensing.

The House recedes with an amendment that would add certain topics to the Comptroller General review.

The conferees note that the Department established this instruction in response to section 2322 of title 10, United States Code, which required the Department to develop a policy for intellectual property acquisition and licensing and to create a cadre of intellectual property experts.

Senate Committee Report 116-236 to Accompanying S. 4049

Comptroller General report on intellectual property acquisition and licensing (sec. 883)

The committee recommends a provision that would direct the Comptroller General of the United States to report on the implementation of the Department of Defense's instruction for intellectual property acquisition and licensing. The committee notes that the Department established this instruction in response to section 2322 of title 10, United States Code, which required the Department to develop a policy for intellectual property acquisition and licensing and to create a cadre of intellectual property experts.

The report should assess the following: (1) Whether the Department is achieving the instruction's core principles; (2) The extent to which key offices are fulfilling their responsibilities; (3) The Department's progress in creating a cadre of intellectual property experts; (4) How the Department is assessing and demonstrating implementation; and (5) Changes to acquisition programs, among other things. The Comptroller General should submit the report to the congressional defense committees no later than October 1, 2021.