Data-as-a-service solutions for weapon system contracts

(a) In general Chapter 323 of title 10, United States Code, as amended by section 1804 of this Act, is further amended by adding at the end the following new section: 4324. Data-as-a-service solutions for weapon system contracts (a) Negotiations for data-as-a-service Before entering into a contract for the procurement of a weapon system (or component thereof), the Secretary of Defense shall ensure, to the maximum extent practicable, that the negotiations for such contract include negotiations for data-as-a-service solutions to facilitate access to the information described in subsection (b) as necessary for— (1) the performance of depot-level maintenance and repair workload by employees of the Department of Defense in accordance with section 2466 of this title; or (2) the maintenance of a core logistics capability in accordance with section 2464 of this title. (b) Covered Information The information described in subsection (a) is technical data or computer software that relates to the weapon system (or component thereof) to be procured that is— (1) detailed manufacturing or process data relating to how contractors or subcontractors design, develop, produce, test, certify, diagnose, maintain, repair, or otherwise support such weapon system (or component thereof); (2) digital networks or digital models that contain data described in paragraph (1), or virtual replicas of such data; (3) design details, algorithms, processes, flow charts, formulas, and related information that describe the design, organization, or structure of computer software; or (4) necessary for operation, maintenance, installation, or training with respect to such weapon system (or component thereof). (c) Methods and Schedule for Access (1) With respect to a data-as-a-service solution described in subsection (a), access to the information described in subsection (b) may be made available through one or more methods, including electronically, in-person, or machine-to-machine encryption, as appropriate based on the type, sensitivity, or authorized use of such information. (2) The Secretary of Defense shall ensure that the terms of a contract for a data-as-a-service solution described in subsection (a) clearly state the requirements, conditions, and schedule for providing access to the information described in subsection (b). (d) Applicability to commercial products (1) With respect to a contract for a commercial product that is a data-as-a-service solution described in subsection (a), the offeror for such commercial product shall ensure that the pricing and terms and conditions of access to information described in subsection (b) for such commercial product is commensurate with commercial practices for similar access. (2) The Secretary of Defense may not require an offeror for a commercial product that is a data-as-a-service solution described in subsection (a) to provide access to information described in subsection (b) in a manner that is different from what such offeror customarily provides to a buyer of such commercial product, unless the offeror has agreed to provide such access pursuant to a specifically negotiated agreement with the Secretary. (e) Rule of construction Nothing in this section shall be construed as modifying any rights, obligations, or limitations of the Government, contractor, or subcontractor with respect to rights in technical data under subchapter I of chapter 275 of this title. (f) Definitions In this section: (1) The term access, with respect to information described in subsection (b), means the availability of such information as a service rather than as specifically delivered in the performance of a contract for the procurement of a weapon system (or component thereof). (2) The term data-as-a-service means a model under which the Secretary is provided access to the most up-to-date information described in subsection (b) that relates to a weapon system (or component thereof) to be procured by the Secretary, including any associated license agreements for such information. (3) The term technical data has the meaning given in section 3013 of this title.. (b) Guidance required Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance to carry out the requirements of section 4324 of title 10, United States Code, as added by this section. (c) Applicability Section 4324 of title 10, United States Code, as added by this section, shall apply with respect to a contract for the procurement of a weapon system (or component thereof) entered into on or after the date of the enactment of this Act.