The National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2016 (Public Law 114-92), as amended in the FY2017 NDAA (Public Law 114-328), directed the Secretary of Defense to establish a Government-industry advisory panel (the Panel) for the purpose of reviewing Sections 2320 and 2321 of Title 10, United States Code (USC), regarding rights in technical data and the validation of proprietary data restrictions and the regulations implementing such sections, to ensure that such statutory and regulatory requirements are best structured to serve the interests of the taxpayers and the national defense.
The Panel recognizes that the Department of Defense (DoD) and industry have different business models, which at times may be in conflict. In exploring common ground, the Panel members received the testimony of many defense and industry officials, reviewed the history of relevant legislation and identified “tension points” of disagreement between the Government and industry. Following extensive deliberations, Panel members (listed in Appendix B) prepared white papers to address the tension points and to make recommendations for legislative, regulatory, and policy changes that recognize and seek to balance the equities of both parties. In addition, the Panel identified several issues viewed as outside the purview of the Panel that were more appropriate to be considered by the FY 2016 NDAA, Section 809, Advisory Panel on Streamlining & Codifying Acquisition (the 809 Panel).