10 U.S.C. § 1707 — Cadre of intellectual property experts
submitted 5 years ago by Pub. L. 116-283 to r/title-10-ARMED-FORCES · 571 words · no verdicts yet
The Secretary of Defense must establish an intellectual-property expert cadre to support acquisition programs. The section sets its leadership, duties, staffing methods, civilian preference, and use of the Defense Acquisition Workforce Development Fund.
(a) Cadre. Through the Under Secretary of Defense for Acquisition and Sustainment, the Secretary must establish expert personnel for intellectual-property matters. The cadre must give the acquisition workforce* consistent, strategic, knowledgeable advice, help, and resources, including for acquiring or licensing intellectual property. (b) Leadership. The Under Secretary must (1) establish an appropriate leadership structure and managing office and (2) choose the official to whom cadre members report. (c) Duties. Experts must be assigned to a program office or military-department acquisition command to advise a program manager or portfolio acquisition executive at system life-cycle stages. They must (1) interpret and advise on intellectual-property laws, regulations, and policies; (2) help develop acquisition, product-support, and intellectual-property strategies; (3) conduct or help with financial analysis and valuation; (4) help draft solicitations, contracts, or other transactions; (5) interact with or help interact with contractors, including communications and negotiations on solicitations and awards; and (6) conduct or help with mediation when contract-delivered technical data is incomplete or does not meet agreements. (d) Administration. (1) The Under Secretary must ensure enough staff with needed skills, knowledge, and experience, including law, contracting, acquisition, logistics, engineering, financial analysis, and valuation. With the Defense Acquisition University and after consulting academia and industry, the Under Secretary must create a career path with development, exchanges, talent management, and training. Existing authorities, including paragraphs (2), (3), (4), and (6), may be used. (2) On the Director’s request, civilian personnel from the Office of the Secretary of Defense, Joint Staff, military departments*, Defense Agencies, and combatant commands may serve. (3) The Under Secretary may hire skilled intellectual-property and related experts under section 9903 of title 5. (4) The Under Secretary may contract with a private entity for specialized support; the entity may be a covered Government support contractor as defined in section 3775(a). This section does not define that term. (5) The Under Secretary must prefer Department civilian employees over armed-forces members to maintain continuity. (6) The Under Secretary may use Defense Acquisition Workforce Development Fund money to recruit, train, and retain the cadre, including salaries of newly hired members for up to three years.
The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish a cadre of personnel who are experts in intellectual property matters. The purpose of the cadre is to ensure a consistent, strategic, and highly knowledgeable approach to acquiring or licensing intellectual property by providing expert advice, assistance, and resources to the acquisition workforce* on intellectual property matters, including acquiring or licensing intellectual property.
The Under Secretary—
shall establish an appropriate leadership structure and office within which the cadre shall be managed; and
shall determine the appropriate official to whom members of the cadre shall report.
The cadre of experts shall be assigned to a program office or an acquisition command within a military department to advise, assist, and provide resources to a program manager or portfolio acquisition executive on intellectual property matters at various stages of the life cycle of a system. In performing such duties, the experts shall—
interpret and provide counsel on laws, regulations, and policies relating to intellectual property;
advise and assist in the development of an acquisition strategy, product support strategy, and intellectual property strategy for a system;
conduct or assist with financial analysis and valuation of intellectual property;
assist in the drafting of a solicitation, contract, or other transaction;
interact with or assist in interactions with contractors, including communications and negotiations with contractors on solicitations and awards; and
conduct or assist with mediation if technical data delivered pursuant to a contract is incomplete or does not comply with the terms of agreements.
In order to achieve the purpose set forth in subsection (a), the Under Secretary shall ensure the cadre has the appropriate number of staff and such staff possesses the necessary skills, knowledge, and experience to carry out the duties under subsection (b), including in relevant areas of law, contracting, acquisition, logistics, engineering, financial analysis, and valuation. The Under Secretary, in coordination with the Defense Acquisition University and in consultation with academia and industry, shall develop a career path, including development opportunities, exchanges, talent management programs, and training, for the cadre. The Under Secretary may use existing authorities to staff the cadre, including those in paragraphs (2), (3), (4), and (6).
Civilian personnel from within the Office of the Secretary of Defense, Joint Staff, military departments*, Defense Agencies, and combatant commands may be assigned to serve as members of the cadre, upon request of the Director.
The Under Secretary may use the authorities for highly qualified experts under section 9903 of title 5, to hire experts as members of the cadre who are skilled professionals in intellectual property and related matters.
The Under Secretary may enter into a contract with a private-sector entity for specialized expertise to support the cadre. Such entity may be considered a covered Government support contractor, as defined in section 3775(a) of this title.
In establishing the cadre, the Under Secretary shall give preference to civilian employees of the Department of Defense, rather than members of the armed forces*, to maintain continuity in the cadre.
The Under Secretary is authorized to use amounts in the Defense Acquisition Workforce Development Fund for the purpose of recruitment, training, and retention of the cadre, including paying salaries of newly hired members of the cadre for up to three years.
Source credit: (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1877, Jan. 1, 2021, 134 Stat. 4291; Pub. L. 119–60, div. A, title XVIII, § 1802(b)(1)(A), Dec. 18, 2025, 139 Stat. 1227.)
- 2021Enacted · Pub. L. 116-283 · 134 Stat. 4291
- 2025Amended · Pub. L. 119-60 · 139 Stat. 1227
A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-283 on 2021-01-01.
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