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

Subtitle A—Acquisition Policy and Management.

P. L. 118-31

SEC. 808. PILOT PROGRAM FOR THE USE OF INNOVATIVE INTELLECTUAL PROPERTY STRATEGIES.

(a) Establishment.--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).

(b) Criteria for Strategies.--The innovative intellectual property strategies used in a pilot program established under this section may include the following:

(1) The use of an escrow account to verify and hold intellectual property data.

(2) The use of royalties or licenses.

(3) Other strategies, as determined by the Secretary.

(c) Designation of Covered Programs.--Not later than May 1, 2024, and with respect to the pilot program established under this section--

(1) the Secretary of each military department shall designate one covered program within the military department under the jurisdiction of such Secretary; and

(2) 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).

(d) Briefing Requirement.--Not later than 180 days after the date of the enactment of this Act, 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.

(e) Annual Report.--Beginning on the date on which the first program is designated under subsection (c) and until the termination date in subsection (f), the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Secretaries of the military departments, shall provide an annual report to the Committees on Armed Services of the Senate and the House of Representatives on--

(1) 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

(2) any recommendations for the applicability of lessons learned from the pilot program.

(f) Termination.--The authority to carry out the pilot program established under this section shall terminate on December 31, 2028.

(g) Definitions.--In this section:

(1) 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'').

(2) The term ``technical data rights'' has the meaning given in section 3771 of title 10, United States Code.

Sec. 808--Pilot program for the use of innovative intellectual property strategies

The House bill contained a provision (sec. 263) that would develop and implement an intellectual property strategy to enhance the ability of the Department of Defense to procure emerging capabilities and technologies.

The Senate amendment contained a similar provision (sec. 804) that would require the Secretary of each military department and the Under Secretary of Defense for Acquisition and Sustainment to establish a pilot program to designate one acquisition program for the use of innovative intellectual property strategies in order to acquire the necessary technical data rights required for the operations and maintenance of that system.

The House recedes.

H. Rept. 118-125

Section 263--Intellectual Property Strategy

This section would create a Department of Defense Intellectual Property Strategy to better secure the United States' technological edge, encourage the development of patentable inventions, and thwart adversarial behavior to undermine the U.S. technological base by utilizing intellectual property rights.

S. Rept. 118-58

Pilot program for the use of innovative intellectual property strategies (sec. 804)

The committee recommends a provision that would require the Secretary of each military department and the Under Secretary of Defense for Acquisition and Sustainment to establish a pilot program for each military department and the Defense Agencies and Field Activities to designate one acquisition program for the use of innovative intellectual property strategies in order to acquire the necessary technical data rights required for the operations and maintenance of that system.