[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4566 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 4566
To require the Secretary of the Navy, the Secretary of the Air Force,
and the Secretary of the Army to carry out a pilot program on producing
parts through reverse engineering, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 18, 2024
Mr. Grassley (for himself and Ms. Warren) introduced the following
bill; which was read twice and referred to the Committee on Armed
Services
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A BILL
To require the Secretary of the Navy, the Secretary of the Air Force,
and the Secretary of the Army to carry out a pilot program on producing
parts through reverse engineering, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. FINDINGS.
Congress makes the following findings:
(1) Reverse Engineering should be used by the Department of
Defense, the Defense Logistics Agency, the Department of the
Navy, the Department of the Army, and the Department of the Air
Force to ensure that the Department of Defense receives the
best price for spare parts and increases competition in the
marketplace.
(2) The findings of the July 2019 report by the Comptroller
General of the United States that was submitted to the
Committee on Armed Services of the Senate, entitled ``Defense
Logistics Agency Small Businesses Participate in Reverse
Engineering of Spare Parts'', demonstrates that reverse
engineering results in lowered prices and cost savings of spare
parts and increased competition in the spare parts marketplace.
The same report found small businesses did not identify
concerns with how the Defense Logistics Agency handles
intellectual property and that the Defense Logistics Agency had
not received any complaints about their intellectual property
being used inappropriately.
(3) The Naval Air Systems Command's Advanced Laser Data
Acquisition Center, the Air Force's Tinker Reverse Engineering
and Critical Tooling Lab, and the Army's Cyber Command's
reverse engineering of Internet of Things devices, demonstrates
there is precedent for the Department of the Navy, the
Department of the Army, and the Department of the Air Force to
conduct reverse engineering programs.
(4) Intellectual property rights can help spur innovation
and strengthen the economy of the United States. The Secretary
of the Army, the Secretary of the Navy, and the Secretary of
the Air Force should consult with the Defense Logistics Agency
and utilize the best practices to protect intellectual property
rights as described in the report described in paragraph (2).
(5) Reverse Engineering ensures efficiency in the
manufacturing processes of military equipment ensuring timely
delivery and development of military equipment.
SEC. 2. PILOT PROGRAM ON USE OF REVERSE ENGINEERING FOR PRODUCTION OF
PARTS.
(a) Pilot Program Required.--Not later than 2 years after the date
of the enactment of this Act and notwithstanding any other provision of
law, the Secretary of the Navy, the Secretary of the Air Force, and the
Secretary of the Army shall jointly, in consultation with the Secretary
of Defense and the Director of the Defense Logistics Agency, complete a
pilot program to assess the feasibility and advisability of producing
parts through reverse engineering.
(b) Identification of Parts.--In carrying out the pilot program
required by subsection (a), the Secretary of the Navy, the Secretary of
the Air Force, and the Secretary of the Army shall each identify parts,
especially those procured on a sole source basis, that can be produced
and competed through reverse engineering.
(c) Production of Parts Through Reverse Engineering.--In carrying
out the pilot program, the secretaries described in subsection (b)
shall each, notwithstanding any other provision of law, produce not
fewer than 50 parts, identified under such subsection, through reverse
engineering.
(d) Identification of Savings.--In carrying out the pilot program
required by subsection (a), the secretaries described in subsection (b)
shall each identify savings that were obtained through the use of
reverse engineering for the production of the parts under the pilot
program.
(e) Interim Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the secretaries described in
subsection (b) shall, in consultation with the Secretary of
Defense, submit to the congressional defense committees an
initial report on the pilot program carried out under
subsection (a).
(2) Contents.--The report submitted pursuant to paragraph
(1) shall include the following:
(A) The initial findings of the secretaries with
respect to the matters identified under subsections (b)
and (c).
(B) Such recommendations as the secretaries may
have for Department of Defense contracting guidance and
procedures.
(f) Final Report.--
(1) In general.--Not later than two years after the date of
the enactment of this Act, the secretaries described in
subsection (b) shall, in consultation with the Secretary of
Defense, submit to the congressional defense committees and
make available to the public a final report on the pilot
program completed under subsection (a).
(2) Contents.--The report submitted pursuant to paragraph
(1) shall include the following:
(A) The findings of the secretaries with respect to
the matters identified under subsections (b) and (c).
(B) Such recommendations as the secretaries may
have for Department of Defense contracting guidance and
procedures.
(C) A description of the lessons learned by the
secretaries in carrying out the pilot program.
(g) Definition of Congressional Defense Committees.--In this
section, the term ``congressional defense committees'' has the meaning
given such term in section 101(a) of title 10, United States Code.
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