124 STAT. 4269 PUBLIC LAW 111–383—JAN. 7, 2011 SEC. 823. REVIEW OF REGULATORY DEFINITION RELATING TO PRODUCTION OF SPECIALTY METALS. (a) REVIEW REQUIRED.—The Secretary of Defense shall review the regulations specified in subsection (b) to ensure that the defini- tion of the term ‘‘produce’’ in such regulations complies with the requirements of section 2533b of title 10, United States Code. In carrying out the review, the Secretary shall seek public comment, consider congressional intent, and revise the regulations as the Secretary considers necessary and appropriate. (b) REGULATIONS SPECIFIED.—The regulations referred to in subsection (a) are any portion of subpart 252.2 of the defense supplement to the Federal Acquisition Regulation that includes a definition of the term ‘‘produce’’ for purposes of implementing section 2533b of title 10, United States Code. (c) COMPLETION OF REVIEW.—The Secretary shall complete the review required by subsection (a) and any necessary and appropriate revisions to the defense supplement to the Federal Acquisition Regulation not later than 270 days after the date of the enactment of this Act. SEC. 824. GUIDANCE RELATING TO RIGHTS IN TECHNICAL DATA. (a) REVIEW OF GUIDANCE.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall review guidance issued by the military departments on the implementation of section 2320(e) of title 10, United States Code, to ensure that such guidance is consistent with the guidance issued by the Under Secretary of Defense for Acquisition, Technology, and Logistics and the requirements of this section. Such guidance shall be designed to ensure that the United States— (1) preserves the option of competition for contracts for the production and sustainment of systems or subsystems that are developed exclusively with Federal funds as defined in accordance with the amendments made by this section; and (2) is not required to pay more than once for the same technical data. (b) RIGHTS IN TECHNICAL DATA.—Section 2320(a) of title 10, United States Code, is amended— (1) in paragraph (2)(F)(i)— (A) by redesignating subclauses (I) and (II) as sub- clauses (II) and (III), respectively; and (B) by inserting before subclause (II), as so redesig- nated, the following new subclause (I): ‘‘(I) rights in technical data described in subpara- graph (A) for which a use or release restriction has been erroneously asserted by a contractor or subcon- tractor;’’; and (2) in paragraph (3), by striking ‘‘for the purposes of defini- tions under this paragraph’’ and inserting ‘‘for the purposes of paragraph (2)(B), but shall be considered to be Federal funds for the purposes of paragraph (2)(A)’’. (c) VALIDATION OF PROPRIETARY DATA RESTRICTIONS.—Section 2321(d)(2) of title 10, United States Code, is amended— (1) in subparagraph (A), by striking ‘‘A challenge’’ and inserting ‘‘Except as provided in subparagraph (C), a challenge’’; and (2) by adding at the end the following new subparagraph (C): 10 USC 2320 note. Deadline. Public comment. 10 USC 2533b note.
