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10 U.S.C. § 1707 — Cadre of intellectual property experts
Federal law — U.S. Code and appendices · legal_authorities
**(a) Cadre.—** 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.
**(b) Leadership Structure.—** The Under Secretary—
(1) shall establish an appropriate leadership structure and office within which the cadre shall be managed; and
(2) shall determine the appropriate official to whom members of the cadre shall report.
**(c) Duties.—** 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—
(1) interpret and provide counsel on laws, regulations, and policies relating to intellectual property;
(2) advise and assist in the development of an acquisition strategy, product support strategy, and intellectual property strategy for a system;
(3) conduct or assist with financial analysis and valuation of intellectual property;
(4) assist in the drafting of a solicitation, contract, or other transaction;
(5) interact with or assist in interactions with contractors, including communications and negotiations with contractors on solicitations and awards; and
(6) conduct or assist with mediation if technical data delivered pursuant to a contract is
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Source file: Laws/federal/codes/united-states-code/title-10/section-1707-cadre-of-intellectual-property-experts--f6e97d4ebe.md
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Source location: Title 10, Chapter 87, § 1707; chapter-087-defense-acquisition-workforce.md
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**(a) Cadre.—** 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.
**(b) Leadership Structure.—** The Under Secretary—
(1) shall establish an appropriate leadership structure and office within which the cadre shall be managed; and
(2) shall determine the appropriate official to whom members of the cadre shall report.
**(c) Duties.—** 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—
(1) interpret and provide counsel on laws, regulations, and policies relating to intellectual property;
(2) advise and assist in the development of an acquisition strategy, product support strategy, and intellectual property strategy for a system;
(3) conduct or assist with financial analysis and valuation of intellectual property;
(4) assist in the drafting of a solicitation, contract, or other transaction;
(5) interact with or assist in interactions with contractors, including communications and negotiations with contractors on solicitations and awards; and
(6) conduct or assist with mediation if technical data delivered pursuant to a contract is incomplete or does not comply with the terms of agreements.
**(d) Administration.—**
(1) 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).
(2) 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.
(3) The Under Secretary may use the authorities for highly qualified experts under [section 9903 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section9903&num=0&edition=prelim), to hire experts as members of the cadre who are skilled professionals in intellectual property and related matters.
(4) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3775/a&num=0&edition=prelim).
(5) 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.
(6) 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.
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Federal law — U.S. Code and appendices · legal_authorities
In this subtitle, the term “commercial product” means any of the following:
(1) A product, other than real property, that—
(A) is of a type customarily used by the general public or by nongovernmental entities for purposes other than governmental purposes; and
(B) has been sold, leased, or licensed, or offered for sale, lease, or license, to the general public.
(2) A product that—
(A) evolved from a product described in paragraph (1) through advances in technology or performance; and
(B) is not yet available in the commercial marketplace but will be available in the commercial marketplace in time to satisfy the delivery requirements under a Federal Government solicitation.
(3) A product that would satisfy the criteria in paragraph (1) or (2) were it not for—
(A) modifications of a type customarily available in the commercial marketplace; or
(B) minor modifications made to meet Federal Government requirements.
(4) Any combination of products meeting the requirements of paragraph (1), (2), or (3) that are of a type customarily combined and sold in combination to the general public.
(5) A product, or combination of products, referred to in paragraphs (1) through (4), even though the product, or combination of products, is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor.
(6) A nondevelopmental item if the procuring agency determines, in accordance with conditions in the Federal Acquisition Regulation, that—
(A) the product was developed exclusively at private expense; and
(B) has been sold in substantial quantities, on a competitive basis, to multiple State and local governments or to multiple foreign governments.
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 103
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Federal law — U.S. Code and appendices · legal_authorities
In this subtitle, the term “nondevelopmental item” means—
(1) a commercial product;
(2) a previously developed item of supply that is in use by a department or agency of the Federal Government, a State or local government, or a foreign government with which the United States has a mutual defense cooperation agreement;
(3) an item of supply described in paragraph (1) or (2) that requires only minor modification or modification of the type customarily available in the commercial marketplace to meet the requirements of the procuring department or agency; or
(4) an item of supply currently being produced that does not meet the requirements of paragraph (1), (2), or (3) solely because the item is not yet in use.
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 110
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Federal law — U.S. Code and appendices · legal_authorities
In this subtitle, the term “commercial service” means any of the following:
(1) Installation services, maintenance services, repair services, training services, and other services if—
(A) those services are procured for support of a commercial product, regardless of whether the services are provided by the same source or at the same time as the commercial product; and
(B) the source of the services provides similar services contemporaneously to the general public under terms and conditions similar to those offered to the Federal Government;
(2) Services of a type offered and sold competitively, in substantial quantities, in the commercial marketplace—
(A) based on established catalog or market prices;
(B) for specific tasks performed or specific outcomes to be achieved; and
(C) under standard commercial terms and conditions.
(3) A service described in paragraph (1) or (2), even though the service is transferred between or among separate divisions, subsidiaries, or affiliates of a contractor.
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 103a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Secretary may carry out a program using the authority provided in subsection (b) in order to attract highly qualified experts in needed occupations, as determined by the Secretary.
**(b) Authority.—** Under the program, the Secretary may—
(1) appoint personnel from outside the civil service and uniformed services (as such terms are defined in section 2101) to positions in the Department of Defense without regard to any provision of this title governing the appointment of employees to positions in the Department of Defense;
(2) prescribe the rates of basic pay for positions to which employees are appointed under paragraph (1) at rates not in excess of the maximum rate of basic pay authorized for senior-level positions under section 5376, as increased by locality-based comparability payments under section 5304, notwithstanding any provision of this title governing the rates of pay or classification of employees in the executive branch; and
(3) pay any employee appointed under paragraph (1) payments in addition to basic pay within the limits applicable to the employee under subsection (d).
**(c) Limitation on Term of Appointment.—**
(1) Except as provided in paragraph (2), the service of an employee under an appointment made pursuant to this section may not exceed 5 years.
(2) The Secretary may, in the case of a particular employee, extend the period to which service is limited under paragraph (1) by up to 1 additional year if the Secretary determines that such action is necessary to promote the Department of Defense’s national security missions.
**(d) Limitations on Additional Payments.—**
(1) The total amount of the additional payments paid to an employee under this section for any 12-month period may not exceed the lesser of the followi
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 9903
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Policy Required.—** The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall develop policy on the acquisition or licensing of intellectual property—
(1) to enable coordination and consistency across the military departments and the Department of Defense in strategies for acquiring or licensing intellectual property and communicating with industry;
(2) to ensure that program managers are aware of the rights afforded the Federal Government and contractors in intellectual property and that program managers fully consider and use all available techniques and best practices for acquiring or licensing intellectual property early in the acquisition process; and
(3) to encourage customized intellectual property strategies for each system based on, at a minimum, the unique characteristics of the system and its components, the product support strategy for the system, the organic industrial base strategy of the military department concerned, and the commercial market.
**(b) Cadre of Intellectual Property Experts.—** For a provision requiring establishment of a cadre of personnel who are experts in intellectual property matters, see [section 1707 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1707&num=0&edition=prelim).
**(c) Guidelines and Resources.—**
(1) **In general.—** — The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall develop guidelines and resources on the acquisition or licensing of intellectual property, including—
(A) intellectual property strategies and other mechanisms supporting the use of modular open system approaches (as defined in [section 4401(b) of this title](https://uscode.house.gov/view
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3791
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Federal law — U.S. Code and appendices · legal_authorities
Page 1557
TITLE 10—ARMED FORCES
§ 1707
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2021 AMENDMENT
Amendment by Pub. L. 117–81 applicable as if in-
cluded in the enactment of title XVIII of Pub. L. 116–283
as enacted, see section 1701(a)(2) of Pub. L. 117–81, set
out in a note preceding section 3001 of this title and
note below.
Amendment by section 1846(i)(3) of Pub. L. 116–283 ef-
fective Jan. 1, 2022, with additional provisions for de-
layed implementation and applicability of existing law,
see section 1801(d) of Pub. L. 116–283, set out as a note
preceding section 3001 of this title.
SIMILAR PROVISIONS
Provisions similar to this section were contained in
section 820 of Pub. L. 109–364, which was set out as a
note under section 1701 of this title prior to repeal by
Pub. L. 112–239, div. A, title VIII, § 824(b), Jan. 2, 2013,
126 Stat. 1833.
§ 1707. Cadre of intellectual property experts
(a) CADRE.—The Secretary of Defense, acting
through the Under Secretary of Defense for Ac-
quisition and Sustainment, shall establish a
cadre of personnel who are experts in intellec-
tual property matters. The purpose of the cadre
is to ensure a consistent, strategic, and highly
knowledgeable approach to acquiring or licens-
ing intellectual property by providing expert ad-
vice, assistance, and resources to the acquisition
workforce on intellectual property matters, in-
cluding acquiring or licensing intellectual prop-
erty.
(b) LEADERSHIP STRUCTURE.—The Under Sec-
retary—
(1) shall establish an appropriate leadership
structure and office within which the cadre
shall be managed; and
(2) shall determine the appropriate official
to whom members of the cadre shall report.
(c) DUTIES.—The cadre of experts shall be as-
signed to a program office or
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1707
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.