EconDefense
ACQ-32 / Intellectual property and technology transfer

Obtain and enforce technical-data rights for competition, repair and integration

Acquire negotiated data rights, enforce federally funded rights, challenge unsupported restrictions, and use specified private-data exceptions for emergency repair or integration.

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At a glance

Possible toolACQ-32 · Licensing & IP
Legal basis10 U.S.C. §3771

Authority holder: Secretary of Defense; program manager and authorized contracting officer for contractual rights/challenges

Licensing & IP

Mechanism tags describe the source text; they do not expand the authority.

Availability and verification

Express statutory pathway; award-specific appropriations, available balances, delegations, implementation and approvals not independently verified.

Requirements and limits

Eligibility & prerequisites

  • Assess development funding, data category, contract deliverables and actual rights.
  • FY26 §805 requires distinguishing missing contract-required data from additional desired data and negotiating options/licenses/escrow for the latter.

Limits & exclusions

  • Private-expense data generally protected; statutory exceptions and negotiated rights are not ownership of all contractor IP.
  • Data-rights license and actual delivery/access are separate requirements; follow restriction-challenge procedures.

Funding conditions

  • Purchase/license additional rights where necessary; funding does not automatically erase private rights.

Read the funding and execution guide

Who contributes what

Need & planning

  • Operational requirement owner; Service/component portfolio acquisition executive and program manager

Resources

  • Sponsoring Service/component appropriations manager and comptroller

Approval

  • Service/component acquisition executive and authorized contracting authority, at applicable threshold

Execution

Partners & review

  • User command
  • Counsel, fiscal, engineering, testing, logistics and security staff as applicable

Office links are editorial matches to the original role text, not verified delegations. Composite labels and unmatched actors are preserved.

Coordination pathway

Sustainment/engineering identifies data gap → contracting/IP counsel audits existing rights and deliverables → enforce owed data or negotiate additional rights → authorized maintainers.

Actor and execution-role sources

Legal basis

  • 10 U.S.C. §3771Primary statutory text; primary GovInfo baseline and amendment audit identified in research narrative.
  • 10 U.S.C. §3772Primary statutory text; primary GovInfo baseline and amendment audit identified in research narrative.
  • 10 U.S.C. §3774Primary statutory text; primary GovInfo baseline and amendment audit identified in research narrative.
  • 10 U.S.C. §3782Primary statutory text; primary GovInfo baseline and amendment audit identified in research narrative.
  • P.L. 119-60, §805Enacted public law, not a pending bill.

What this research establishes

Legal powerSource and conditions recorded
EligibilityProject-specific check needed
Available fundsBalances not verified
DelegationValid signature authority must be checked
ExecutionOffice capacity and approvals must be checked

Confidence: High on express authority and cited conditions; execution assignment is illustrative unless statute expressly names it.

Currentness: GovInfo 2024 Code (includes FY2025 NDAA, P.L. 118-159) read in full for cited provision; targeted FY2026 NDAA P.L. 119-60 amendment/repeal sweep. No claim of complete legislative currency through 2026-10-02; remaining 2026 delta needs counsel validation.

Research target: October 2, 2026. A record-specific last-review date is not supplied. Publication date is not legal-currentness certification.

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