ADDITIONAL REQUIREMENTS RELATING TO TECHNICAL DATA RIGHTS.

SEC. 802. ADDITIONAL REQUIREMENTS RELATING TO TECHNICAL DATA RIGHTS.(a) Additional Requirements Relating to Technical Data Rights.—Section 2320 of title 10, United States Code, is amended by adding at the end the following new subsection:“(e) The Secretary of Defense shall require program managers for major weapon systems and subsystems of major weapon systems to assess the long-term technical data needs of such systems and subsystems and establish corresponding acquisition strategies that provide for technical data rights needed to sustain such systems and subsystems over their life cycle. Such strategies may include the development of maintenance capabilities within the Department of Defense or competition for contracts for sustainment of such systems or subsystems. Assessments and corresponding acquisition strategies developed under this section with respect to a weapon system or subsystem shall—“(1) be developed before issuance of a contract solicitation for the weapon system or subsystem;120 STAT. 2313“(2) address the merits of including a priced contract option for the future delivery of technical data that were not acquired upon initial contract award;“(3) address the potential for changes in the sustainment plan over the life cycle of the weapon system or subsystem; and“(4) apply to weapon systems and subsystems that are to be supported by performance-based logistics arrangements as well as to weapons systems and subsystems that are to be supported by other sustainment approaches.”.(b) Modification of Presumption of Development Exclusively at Private Expense.—Section 2321(f) of title 10, United States Code, is amended—(1) by striking “Expense for Commercial Items Contracts.—In” and inserting “Expense.—(1) Except as provided in paragraph (2), in”; and(2) by adding at the end the following new paragraph:“(2) In the case of a challenge to a use or release restriction that is asserted with respect to technical data of a contractor or subcontractor (whether or not under a contract for commercial items) for a major system or a subsystem or component thereof on the basis that the major system, subsystem or component was developed exclusively at private expense, the challenge to the use or release restriction shall be sustained unless information provided by the contractor or subcontractor demonstrates that the item was developed exclusively at private expense.”.(c) Regulations.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall revise regulations under section 2320 of title 10, United States Code, to implement subsection (e) of such section (as added by this section), including incorporating policy changes developed under such subsection into Department of Defense Directive 5000.1 and Department of Defense Instruction 5000.2.