SEC. 862.

Intellectual Property Ombudsman; voluntary expert mediation for certain intellectual property matters

DIVISION A · TITLE VIII: Acquisition Policy, Acquisition Management, and Related Matters · SUBTITLE D: Intellectual Property Matters

Source
SECTION TEXT · SEC. 862.

(a) In general

Subchapter III of chapter 275 of title 10, United States Code, is amended by inserting after section 3791 the following new sections:

(b) Implementation

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall—

(1)

implement sections 3792 and 3792a of title 10, United States Code, as inserted by this section;

(2)

provide a briefing to the congressional defense committees on the implementation of such sections; and

(3)

submit to the congressional defense committees an assessment of, and recommendations for, pay and compensation under current law to provide competitive compensation for the Intellectual Property Ombudsman established under section 3792 of title 10, United States Code, as inserted by this Act.

(c) Annual report

(1) In general

Not later than March 1, 2028, and each of the next five years thereafter, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees an annual report on the effectiveness of the Intellectual Property Ombudsman established under section 3792 of title 10, United States Code, as inserted by this Act, and the mediation process established under section 3792a of title 10, United States Code, as inserted by this Act, on—

(A)

encouraging prime contractors and subcontractors of the Department of Defense to quickly and equitably resolve disputes with the Department concerning intellectual property in order to address critical operational readiness issues;

(B)

encouraging contractors to leverage privately-funded innovation and offer their full range of relevant technologies when competing for and performing defense contracts;

(C)

improving clarity for both Department and contractor personnel regarding rights in technical data, computer software, and computer software documentation during the procurement process;

(D)

resolving data rights disputes more rapidly and collaboratively than through litigation, while protecting contractors’ legitimate investments in privately funded innovation; and

(E)

expeditiously addressing the Department’s national security, sustainment, and competitive procurement needs.

(2) Recommendations

The report required by paragraph (1) shall also include recommendations by the Under Secretary to address any gaps in statute, regulation, or policy that undermine the Department’s ability to access technical data necessary for maintenance and sustainment, asserting existing rights, or protecting interests in intellectual property, and any other recommendations the Under Secretary considers appropriate.