LICENSING OF INTELLECTUAL PROPERTY.

SEC. 1004. LICENSING OF INTELLECTUAL PROPERTY.(a) Authority.—Subchapter II of chapter 134 of title 10, United States Code, is amended by adding at the end the following new section:“§ 2260. Licensing of intellectual property: retention of fees “(a) Authority.—Under regulations prescribed by the Secretary of Defense, the Secretary concerned may license trademarks, service 118 STAT. 2036 marks, certification marks, and collective marks owned or controlled by the Secretary concerned and may retain and expend fees received from such licensing in accordance with this section.“(b) Designated Marks.—The Secretary concerned shall designate the trademarks, service marks, certification marks, and collective marks regarding which the Secretary will exercise the authority to retain licensing fees under this section.“(c) Use of Fees.—The Secretary concerned shall use fees retained under this section for the following purposes:“(1) For payment of the following costs incurred by the Secretary:“(A) Costs of securing trademark registrations.“(B) Costs of operating the licensing program under this section.“(2) For morale, welfare, and recreation activities under the jurisdiction of the Secretary, to the extent (if any) that the total amount of the licensing fees available under this section for a fiscal year exceed the total amount needed for such fiscal year under paragraph (1).“(d) Availability.—Fees received in a fiscal year and retained under this section shall be available for obligation in such fiscal year and the following two fiscal years.“(e) Definitions.—In this section, the terms ‘trademark’, ‘service mark’, ‘certification mark’, and ‘collective mark’ have the meanings given such terms in section 45 of the Act of July 5, 1946 (commonly referred to as the Trademark Act of 1946; 15 U.S.C. 1127).” .(b) Clerical Amendment.—The table of sections at the beginning of such subchapter is amended by adding at the end the following new item: “2260. Licensing of intellectual property: retention of fees.”.