II 118THCONGRESS 1 STSESSION S. 2613 To modify certain technical data rights with respect to contracts. IN THE SENATE OF THE UNITED STATES JULY27, 2023 Mr. B RAUNintroduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To modify certain technical data rights with respect to contracts. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. MODIFICATIONS TO RIGHTS IN TECHNICAL 3 DATA. 4 Section 3771(b) of title 10, United States Code, is 5 amended— 6 (1) in paragraph (3)(C), by inserting ‘‘for 7 which the United States shall have government pur-8 pose rights, unless the Government and the con-9 tractor negotiate different license rights’’ after 10 ‘‘component)’’; and 11 VerDate Sep 11 2014 22:33 Aug 14, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2613.IS S2613 kjohnson on DSK79L0C42PROD with BILLS 2 •S 2613 IS (2) in paragraph (4)(A)— 1 (A) in clause (ii), by striking ‘‘; or’’ and in-2 serting a semicolon; 3 (B) by redesignating clause (iii) as clause 4 (iv); and 5 (C) by inserting after clause (ii) the fol-6 lowing new clause (iii): 7 ‘‘(iii) is a release, disclosure, or use of 8 detailed manufacturing or process data— 9 ‘‘(I) that is necessary for oper-10 ation, maintenance, installation, or 11 training and shall be used only for op-12 eration, maintenance, installation, or 13 training purposes supporting wartime 14 operations or contingency operations; 15 and 16 ‘‘(II) for which the head of an 17 agency determines that the original 18 supplier of such data will be unable to 19 satisfy military readiness or oper-20 ational requirements for such oper-21 ations; or’’. 22 Æ VerDate Sep 11 2014 22:33 Aug 14, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6301 E:\BILLS\S2613.IS S2613 kjohnson on DSK79L0C42PROD with BILLS