81 FR 40290 - Government-Industry Advisory Panel; Request for Information on Rights in Technical Data and the Validation of Proprietary Data Restrictions
DEPARTMENT OF DEFENSE
Office of the Secretary Federal Register Volume 81, Issue 119 (June 21, 2016)
Office of the Secretary
Federal Register Volume 81, Issue 119 (June 21, 2016)
| Page Range | 40290-40292 | |
| FR Document | 2016-14608 |
[Federal Register Volume 81, Number 119 (Tuesday, June 21, 2016)] [Notices] [Pages 40290-40292] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-14608] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Office of the Secretary Government-Industry Advisory Panel; Request for Information on Rights in Technical Data and the Validation of Proprietary Data Restrictions AGENCY: Department of Defense. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Government-Industry Advisory Panel, a Department of Defense (DoD) advisory committee established in accordance with the Federal Advisory Committee Act (FACA), is seeking information to facilitate a review of sections 2320 and 2321 of Title 10 of the United States Code (U.S.C.), regarding rights in technical data and the validation of proprietary data restrictions. DATES: Submit written comments to the address shown in the ADDRESSES section on or before July 21, 2016. ADDRESSES: Submit comments to Office of the Assistant Secretary of Defense (Acquisition), ATTN: LTC Andrew Lunoff/Designated Federal Officer (DFO), 3090 Defense Pentagon, Washington, DC 20301-3090; or by email to andrew.s.lunoff.mil@mail.mil">andrew.s.lunoff.mil@mail.mil. FOR FURTHER INFORMATION CONTACT: LTC Andrew Lunoff, Office of the Assistant Secretary of Defense (Acquisition), 3090 Defense Pentagon, Washington, DC 20301-3090; email: andrew.s.lunoff.mil@mail.mil">andrew.s.lunoff.mil@mail.mil; phone: 571-256-9004. SUPPLEMENTARY INFORMATION: Section 813 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2016 required DoD to establish the Government-Industry Advisory Panel for the purpose of reviewing 10 U.S.C. 2320 and 2321, regarding rights in technical data and the validation of proprietary data restrictions, and the regulations implementing such sections, for the purpose of ensuring that such statutory and regulatory requirements are best structured to serve the interests of the taxpayers and the national defense. The advisory panel is to give appropriate consideration to the following: (1) Ensuring that DoD does not pay more than once for the same work; (2) ensuring that the DoD contractors are appropriately rewarded for their innovation and invention; (3) providing for cost-effective re- procurement, sustainment, modification, and upgrades to the DoD systems; (4) encouraging the private sector to invest in new products, technologies, and processes relevant to the missions of the DoD; and (5) ensuring that the DoD has appropriate access to innovative products, technologies, and processes developed by the private sector for commercial use. The regulatory implementation of 10 U.S.C. 2320 and 2321 are in the Defense Federal Acquisition Regulation Supplement (DFARS) at subpart 227.71, covering both commercial and noncommercial technical data. This regulatory scheme is also adapted to cover computer software in DFARS subpart 227.72, where nearly all elements of the technical data scheme are applied to noncommercial computer software, but not to commercial computer software. Thus, although the statutory sections apply only to technical data, the regulatory implementation has historically also affected how DoD acquires and manages computer software and, therefore, is another factor to be considered. In addition, a significant streamlining and integration of these DFARS subparts was published for public comment in 2010 entitled ``Patent, Data, and Copyrights (DFARS case 2010-D001)'' (see 75 FR 59411); the key elements of that proposed revision of regulatory scheme, and the public comments received in response to that proposed [[Page 40291]] rule, may be considered under these efforts. DoD has also developed a considerable body of policy and guidance to further implement and manage technical data and computer software issues in the context of DoD acquisition programs. Most recently, DoD's Better Buying Power (BBP) activities have included direction to ``enforce open system architectures and effectively manage technical data rights,'' which have spawned numerous key updates to DoD policy and guidance. For example, DoD Instruction 5000.02, ``Operation of the Defense Acquisition System,'' was revised to require program managers to develop and maintain an Intellectual Property (IP) Strategy throughout the entire program life cycle, with additional guidance on this new requirement being provided in an ``Intellectual Property Strategy'' guidance document and within DoD's ``Guidelines For Creating and Maintaining a Competitive Environment for Supplies and Services in the Department of Defense.'' DoD has also incorporated IP considerations into its training for the DoD workforce (e.g., through the Defense Acquisition University) and its outreach activities to industry (e.g., white paper entitled ``DoD, Innovation, and Intellectual Property in Commercial & Proprietary Technologies''). Links to all of these statutes, regulations, policy, and guidance documents, as well as additional related materials, are provided at https://database.faca.gov/committee/committee.aspx?cid=2561. As a representative sample of the core elements of the cited DoD policy and guidance, the following guiding principles for a strategic approach to IP management are discussed in more detail in the ``Intellectual Property Strategy'' guidance document: 1. Anticipate and plan for sustainment and competition over the entire system life cycle. 2. Align and integrate the IP Strategy with other program strategies and plans. 3. Just do it: Delivery now to ensure return on investment (ROI) for DoD-funded development (or prior acquisition). 4. But don't make an unnecessary ``grab'' for deliverables or license rights for ``proprietary'' IP. 5. Before and after: Up-front evaluation and back-end validation of IP deliverables and license rights assertions. In order to facilitate the panel's review of 10 U.S.C. 2320 and 2321 and the regulations implementing these sections, public comment is requested, using the factors and additional considerations summarized in this notice, on the following: 1. Any issues, concerns, benefits, and/or appropriateness of 10 U.S.C. 2320 and/or 2321. 2. Any issues, concerns, benefits, and/or appropriateness of the current implementing DFARS regulations (subparts 227.71 and 227.72, and associated clauses), including the extent to which these regulations are consistent with and effective in implementing 10 U.S.C. 2320 and 2321. 3. Any issues, concerns, benefits, and/or appropriateness of DoD's policy and guidance on IP strategy and management, including the extent to which such DoD policy and guidance is consistent with and effective in further implementing the cited governing statutes and regulations. 4. Any issues/concerns associated with whether and how DoD personnel are prepared and equipped to implement DoD's IP policy and guidance, and/or the governing statutes and regulations, including via DoD's training curriculum, or otherwise. 5. The current approach in regulation (DFARS 227.71 and 227.72) of extending and adapting the scheme of 10 U.S.C. 2320 and 2321 to apply to computer software, including the approach whereby most of the statutory scheme is applied to noncommercial computer software but not to commercial computer software. 6. The current approach in regulation of treating ``Rights in Technical Data'' and ``Rights in Computer Software and Computer Software Documentation'' as two separate topics/subparts (i.e., DFARS 227.71 and 227.72, respectively), or whether they should be merged into a single topic/subpart. 7. The applicability of 10 U.S.C. 2320 and 2321, and the implementing DFARS requirements and clauses, to contracts and subcontracts for commercial items. 8. Practices used by DoD in acquiring IP from non-traditional contractors, commercial contractors, and traditional contractors. The request isn't limited to where the law or regulations require a specific practice, but also includes where the Department uses a practice not required by law/regulation. For example, any of the following: a. What worked? b. What didn't work? c. What was fair? d. What wasn't fair? e. What practices encourage or discourage non-traditional contractors from entering the defense marketplace? f. What practices encourage or discourage commercial contractors from entering the defense marketplace? g. What practices encourage or discourage traditional contractors from privately investing in new products, technologies, and processes relevant to the missions of the DoD? 9. IP acquisition practices used by DoD that encourage or discourage use of commercial technologies. For example, any of the following: a. What practices encourage or discourage vendors from providing DoD access to innovative products, technologies, and processes that have been developed for commercial use? b. What practices encourage or discourage the transition of Defense specific technologies into the commercial marketplace? 10. Any issues, concerns, benefits, and/or appropriateness of DoD's policy, guidance, and practices that link technical data management and other IP considerations with open systems architectures (OSA), and/or modular open systems approaches (MOSA). 11. Any issues, concerns, benefits, and/or appropriateness with sections 1701 (Modular Open System Approach in Development of Major Weapon Systems) and 1705 (Amendments Relating to Technical Data Rights) of the House Armed Services Committee markup of H.R. 4909, the NDAA for FY 2017. Commenters are requested to include specific citations to law, regulations, DoD policy and/or guidance, as well as examples and supporting data (e.g., specific DoD solicitations and/or contracts that demonstrate DoD practices) to support their comments, to the extent available. Because the Panel is subject to the FACA, materials will be made available to the public when provided to the Panel members. Comments submitted in response to this request for information will be used solely for the review of 10 U.S.C. 2320 and 2321 and the current implementing regulations by the Government-Industry Advisory Panel, pursuant to section 813 of the NDAA for FY 2016. Please note that the Defense Acquisition Regulation System has separately published for public comment the following proposed rules to amend the DFARS regarding rights in technical data:Rights in Technical Data (DFARS case 2016-D008) (see 81 FR 28812-28816; published May 10, 2016). Rights in Technical Data and the Validation of Proprietary Data Restrictions (DFARS case 2012-D022) (see 81 FR 39482-39503; published June 16, 2016). Comments on these proposed DFARS rules must be submitted in accordance with the specific instructions published [[Page 40292]] in each proposed rule in order to be considered in the formation of any final rule resulting therefrom. Dated: June 16, 2016. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 2016-14608 Filed 6-20-16; 8:45 am] BILLING CODE 5001-06-P
![40290 Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Notices
Æ Email: dfars@mail.mil. Include (1) Data on performance under the FOR FURTHER INFORMATION CONTACT: LTC
OMB Control Number 0704–0225 in the mentor-protege agreement, including Andrew Lunoff, Office of the Assistant
subject line of the message. dollars obligated, expenditures, Secretary of Defense (Acquisition), 3090
Æ Fax: (571) 372–6094. subcontracts awarded to the protege Defense Pentagon, Washington, DC
Æ Mail: Defense Acquisition firm, developmental assistance 20301–3090; email:
Regulations System, Attn: Ms. Jennifer provided, impact and progress of the andrew.s.lunoff.mil@mail.mil; phone:
Johnson, OUSD(AT&L)DPAP/DARS, agreement. 571–256–9004.
Rm. 3B855, 3060 Defense Pentagon, (2) A copy of the Individual SUPPLEMENTARY INFORMATION: Section
Washington, DC 20301–3060. Subcontracting Report (ISR) or SF 294 813 of the National Defense
Comments received generally will be and Summary Subcontracting Report Authorization Act (NDAA) for Fiscal
posted without change to http:// (SSR) for each contract where Year (FY) 2016 required DoD to
www.regulations.gov, including any developmental assistance was credited establish the Government-Industry
personal information provided. to subcontracting goals. Advisory Panel for the purpose of
FOR FURTHER INFORMATION CONTACT: Ms. Section I–112.2(e) requires protege reviewing 10 U.S.C. 2320 and 2321,
Jennifer Johnson, at (571) 372–6100. The firms to submit reports on an annual regarding rights in technical data and
information collection requirements basis. Reports must include progress the validation of proprietary data
addressed in this notice are available on made by the protege firm in restrictions, and the regulations
the World Wide Web at: http:// employment, revenues, and implementing such sections, for the
www.acq.osd.mil/dpap/dars/dfarspgi/ participation in DoD contracts during purpose of ensuring that such statutory
current/index.html. Paper copies are each fiscal year of the Program and regulatory requirements are best
available from Ms. Jennifer Johnson, participation term and each of the two structured to serve the interests of the
OUSD (AT&L) DPAP (DARS), Room fiscal years following the expiration of taxpayers and the national defense. The
3B855, 3060 Defense Pentagon, the Program participation term. During advisory panel is to give appropriate
Washington, DC 20301–3060. the Program participation term, the consideration to the following: (1)
SUPPLEMENTARY INFORMATION: protege firms may provide this data to Ensuring that DoD does not pay more
Title, Associated Form, and OMB the mentor firm for inclusion in the than once for the same work; (2)
Number: Defense Federal Acquisition mentor report required by I–112(a)–(d) ensuring that the DoD contractors are
Regulation Supplement (DFARS) for the period ending September 30. appropriately rewarded for their
Appendix I, DoD Pilot Mentor-Protege Jennifer L. Hawes, innovation and invention; (3) providing
Program; OMB Control Number 0704– Editor, Defense Acquisition Regulations for cost-effective re-procurement,
0332. System. sustainment, modification, and
Needs and Uses: DoD needs this [FR Doc. 2016–14619 Filed 6–20–16; 8:45 am] upgrades to the DoD systems; (4)
information to ensure that participants BILLING CODE 5001–06–P
encouraging the private sector to invest
in the Mentor-Protege Program (‘‘the in new products, technologies, and
Program’’) are fulfilling their obligations processes relevant to the missions of the
under the mentor-protege agreements DEPARTMENT OF DEFENSE DoD; and (5) ensuring that the DoD has
and that the Government is receiving appropriate access to innovative
value for the benefits it provides Office of the Secretary products, technologies, and processes
through the Program. DoD uses the developed by the private sector for
information as source data for reports to Government-Industry Advisory Panel; commercial use.
Congress required by section 811(d) of Request for Information on Rights in The regulatory implementation of 10
the National Defense Authorization Act Technical Data and the Validation of U.S.C. 2320 and 2321 are in the Defense
for Fiscal Year 2000 (Pub. L. 106–65). Proprietary Data Restrictions Federal Acquisition Regulation
Participation in the Program is Supplement (DFARS) at subpart 227.71,
AGENCY: Department of Defense.
voluntary. covering both commercial and
ACTION: Notice. noncommercial technical data. This
Affected Public: Businesses and other
for-profit entities and not-for-profit regulatory scheme is also adapted to
SUMMARY: The Government-Industry
institutions. cover computer software in DFARS
Advisory Panel, a Department of
Number of Respondents: 112. subpart 227.72, where nearly all
Defense (DoD) advisory committee
Responses per Respondent: 1.97. elements of the technical data scheme
established in accordance with the
Annual Responses: 240. are applied to noncommercial computer
Federal Advisory Committee Act
Average Burden per Response: software, but not to commercial
(FACA), is seeking information to
Approximately 1.0 hour. computer software. Thus, although the
facilitate a review of sections 2320 and
Annual Response Burden Hours: 240. statutory sections apply only to
2321 of Title 10 of the United States
Reporting Frequency: Two times per technical data, the regulatory
Code (U.S.C.), regarding rights in
year for mentor firms; one time per year implementation has historically also
technical data and the validation of
for protege firms. affected how DoD acquires and manages
proprietary data restrictions.
computer software and, therefore, is
Summary of Information Collection DATES: Submit written comments to the another factor to be considered. In
DFARS Appendix I, section I– address shown in the ADDRESSES section addition, a significant streamlining and
asabaliauskas on DSK3SPTVN1PROD with NOTICES
112.2(a)–(d), requires mentor firms to on or before July 21, 2016. integration of these DFARS subparts
report on the progress made under ADDRESSES: Submit comments to Office was published for public comment in
active mentor-protege agreements of the Assistant Secretary of Defense 2010 entitled ‘‘Patent, Data, and
semiannually for the periods ending (Acquisition), ATTN: LTC Andrew Copyrights (DFARS case 2010–D001)’’
March 31 and September 30. The Lunoff/Designated Federal Officer (see 75 FR 59411); the key elements of
September 30 report must address the (DFO), 3090 Defense Pentagon, that proposed revision of regulatory
entire fiscal year. Reports must include Washington, DC 20301–3090; or by scheme, and the public comments
the following: email to andrew.s.lunoff.mil@mail.mil. received in response to that proposed
VerDate Sep<11>2014 18:37 Jun 20, 2016 Jkt 238001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\21JNN1.SGM 21JNN1](https://thefederalregister.org/doc/81_FR_40409/page/1.svg)
![40292 Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Notices
in each proposed rule in order to be 3506(c)(2)(A)), provides the general U.S. will implement a field test, from
considered in the formation of any final public and Federal agencies with an March through April 2018, to evaluate
rule resulting therefrom. opportunity to comment on proposed, new assessment items and background
Dated: June 16, 2016. revised, and continuing collections of questions. This submission describes
Aaron Siegel,
information. This helps the Department the plans for recruiting schools,
assess the impact of its information teachers, and students for the pilot
Alternate OSD Federal Register Liaison
collection requirements and minimize study beginning in October 2016.
Officer, Department of Defense.
the public’s reporting burden. It also Recruitment for the field test will begin
[FR Doc. 2016–14608 Filed 6–20–16; 8:45 am]
helps the public understand the in May 2017, and recruitment for the
BILLING CODE 5001–06–P
Department’s information collection main study in May of 2018. In the
requirements and provide the requested summer of 2016, NCES will submit a
data in the desired format. ED is separate request for the pilot data
DEPARTMENT OF EDUCATION soliciting comments on the proposed collection and recruitment for the 2018
[Docket No.: ED–2016–ICCD–0046] information collection request (ICR) that field test, including draft versions of the
is described below. The Department of pilot test questionnaires.
Agency Information Collection Education is especially interested in
Dated: June 15, 2016.
Activities; Submission to the Office of public comment addressing the
Kate Mullan,
Management and Budget for Review following issues: (1) Is this collection
necessary to the proper functions of the Acting Director, Information Collection
and Approval; Comment Request;
Clearance Division, Office of the Chief Privacy
Trends in International Mathematics Department; (2) will this information be
Officer, Office of Management.
and Science Study (TIMSS 2019) Pilot processed and used in a timely manner;
[FR Doc. 2016–14563 Filed 6–20–16; 8:45 am]
Test Recruitment (3) is the estimate of burden accurate;
(4) how might the Department enhance BILLING CODE 4000–01–P
AGENCY: National Center for Education the quality, utility, and clarity of the
Statistics (NCES), Department of information to be collected; and (5) how
Education (ED). might the Department minimize the DEPARTMENT OF ENERGY
ACTION: Notice. burden of this collection on the
respondents, including through the use Federal Energy Regulatory
SUMMARY: In accordance with the of information technology. Please note Commission
Paperwork Reduction Act of 1995 (44 that written comments received in [Project No. 2426–225 and Project No. 2426–
U.S.C. chapter 3501 et seq.), ED is response to this notice will be 226]
proposing a revision of an existing considered public records.
information collection. Title of Collection: Trends in California Department of Water
DATES: Interested persons are invited to International Mathematics and Science Resources and Los Angeles
submit comments on or before July 21, Study (TIMSS 2019) Pilot Test Department of Water and Power;
2016. Recruitment. Notice of Applications Accepted for
ADDRESSES: To access and review all the OMB Control Number: 1850–0695. Filing and Soliciting Comments,
documents related to the information Type of Review: A revision of an Motions To Intervene, and Protests
collection listed in this notice, please existing information collection.
Respondents/Affected Public: Take notice that the following
use http://www.regulations.gov by hydroelectric applications have been
searching the Docket ID number ED– Individuals or Households.
Total Estimated Number of Annual filed with the Commission and are
2016–ICCD–0046. Comments submitted available for public inspection.
Responses: 1,464.
in response to this notice should be a. Type of Applications: Amendment
Total Estimated Number of Annual
submitted electronically through the of License.
Burden Hours: 324.
Federal eRulemaking Portal at http:// Abstract: The Trends in Mathematics b. Project No.: 2426–225, 2426–226.
www.regulations.gov by selecting the and Science Study (TIMSS) is an c. Date Filed: March 10 and March 31,
Docket ID number or via postal mail, international assessment of fourth and 2016.
commercial delivery, or hand delivery. eighth grade students’ achievement in d. Applicant: California Department
Please note that comments submitted by mathematics and science. Since its of Water and Los Angeles Department of
fax or email and those submitted after inception in 1995, TIMSS has continued Water and Power.
the comment period will not be to assess students every 4 years. The e. Name of Project: South SWP
accepted. Written requests for United States will participate in TIMSS Hydropower Project.
information or comments submitted by 2019 to continue to monitor the progress f. Location: The South SWP
postal mail or delivery should be of its students compared to that of other Hydropower Project is located on the
addressed to the Director of the nations and to provide data on factors California Aqueduct in San Bernardino,
Information Collection Clearance that may influence student Los Angeles, and Kern counties,
Division, U.S. Department of Education, achievement. New in 2019, TIMSS will California. The project occupies U.S.
400 Maryland Avenue SW, LBJ, Room be a technology-based assessment lands administered by the U.S. Forest
2E–347, Washington, DC 20202–4537. conducted in an electronic format. Service.
FOR FURTHER INFORMATION CONTACT: For TIMSS is designed by the International g. Filed Pursuant to: Federal Power
asabaliauskas on DSK3SPTVN1PROD with NOTICES
specific questions related to collection Association for the Evaluation of Act, 16 U.S.C. 791(a)–825(r).
activities, please contact NCES Educational Achievement (IEA), and is h. Applicant Contact: Ted Craddock,
Information Collections at conducted in the U.S. by the National Chief, Hydropower License Planning
NCES.Information.Collections@ed.gov. Center for Education Statistics (NCES). and Compliance Office, California
SUPPLEMENTARY INFORMATION: The In preparation for the TIMSS 2019 main Department of Water Resources, P.O.
Department of Education (ED), in study, in April 2017, U.S. will Box 942836, Sacramento, California
accordance with the Paperwork participate in a pilot study to assist in 94236–0001, (916) 557–4555; and John
Reduction Act of 1995 (PRA) (44 U.S.C. the development of eTIMSS, and then R. Dennis, Director, Power Planning and
VerDate Sep<11>2014 18:37 Jun 20, 2016 Jkt 238001 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\21JNN1.SGM 21JNN1](https://thefederalregister.org/doc/81_FR_40409/page/3.svg)
Document Created: 2016-06-21 01:30:28
Document Modified: 2016-06-21 01:30:28
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Contact | LTC Andrew Lunoff, Office of the Assistant Secretary of Defense (Acquisition), 3090 Defense Pentagon, Washington, DC 20301-3090; email: [email protected]; phone: 571-256-9004. | |
| FR Citation | 81 FR 40290 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR