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in a functional package to perform an oper-
ational function or to satisfy a requirement; and 
‘‘(2) includes a major system (as defined in sec-
tion 2302(5) of this title).’’. 
SEC. 813. CAREER PATH AND OTHER REQUIREMENTS FOR 
MILITARY PERSONNEL IN THE ACQUISITION 
FIELD. 
(a) ACQUISITION PERSONNEL REQUIREMENTS.— 
(1) IN
GENERAL.—Chapter 87 of title 10, 
United States Code, is amended by inserting after 
section 1722 the following new section: 
‘‘§ 1722a. Special requirements for military personnel 
in the acquisition field 
‘‘(a) REQUIREMENT FOR POLICY AND GUIDANCE RE-
GARDING MILITARY PERSONNEL IN ACQUISITION.—The 
Secretary of Defense shall require the Secretary of each 
military department (with respect to the military depart-
ments) and the Under Secretary of Defense for Acquisi-
tion, Technology, and Logistics (with respect to the Office 
of the Secretary of Defense, the unified combatant com-
mands, the Defense Agencies, and Defense Field Activi-
ties), to establish policies and issue guidance to ensure the 
proper development, assignment, and employment of mem-
bers of the armed forces in the acquisition field to achieve 
the objectives of this section as specified in subsection (b). 
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‘‘(b) OBJECTIVES.—Policies established and guidance 
issued pursuant to subsection (a) shall ensure, at a min-
imum, the following: 
‘‘(1) A career path in the acquisition field that 
attracts the highest quality officers and enlisted per-
sonnel. 
‘‘(2) A number of command positions and sen-
ior non-commissioned officer positions, including ac-
quisition billets reserved for general officers and flag 
officers under subsection (c), sufficient to ensure 
that members of the armed forces have opportunities 
for promotion and advancement in the acquisition 
field. 
‘‘(3) A number of qualified, trained members of 
the armed forces eligible for and active in the acqui-
sition field sufficient to ensure the appropriate use 
of military personnel in contingency contracting. 
‘‘(c) RESERVATION OF ACQUISITION BILLETS FOR 
GENERAL OFFICERS AND FLAG OFFICERS.—(1) The Sec-
retary of Defense shall establish for each military depart-
ment a minimum number of billets coded or classified for 
acquisition personnel that are reserved for general officers 
and flag officers and shall ensure that the policies estab-
lished and guidance issued pursuant to subsection (a) by 
the Secretary of that military department reserve at least 
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that minimum number of billets and fill the billets with 
qualified and trained general officers and flag officers. 
‘‘(2) The Secretary of Defense shall ensure that a 
sufficient number of billets for acquisition personnel who 
are general officers or flag officers exist within the Office 
of the Secretary of Defense, the unified combatant com-
mands, the Defense Agencies, and the Defense Field Ac-
tivities. 
‘‘(3) The Secretary of Defense shall ensure that a 
portion of the billets referred to in paragraphs (1) and 
(2) involve command of organizations primarily focused on 
contracting. 
‘‘(d) RELATIONSHIP
TO
LIMITATION
ON
PREF-
ERENCE FOR MILITARY PERSONNEL.—Any designation or 
reservation of a position for a member of the armed forces 
as a result of a policy established or guidance issued pur-
suant to this section shall be deemed to meet the require-
ments for an exception under paragraph (2) of section 
1722(b) of this title from the limitation in paragraph (1) 
of such section. 
‘‘(e) REPORT.—Not later than January 1 of each 
year, the Secretary of each military department shall sub-
mit to the Under Secretary of Defense for Acquisition, 
Technology, and Logistics a report describing how the 
Secretary fulfilled the objectives of this section in the pre-
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ceding calendar year. The report shall include information 
on the reservation of acquisition billets for general officers 
and flag officers within the department.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item relating to section 1722 
the following new item: 
‘‘1722a. Special requirements for military personnel in the acquisition field.’’. 
(b) ADDITIONAL ITEM FOR INCLUSION IN STRATEGIC 
PLAN.—Section 543(f)(3)(E) of the National Defense Au-
thorization Act for Fiscal Year 2008 (Public Law 110– 
181; 122 Stat 116) is amended by inserting after ‘‘officer 
assignments and grade requirements’’ the following: ‘‘, in-
cluding requirements relating to the reservation of billets 
in the acquisition field for general and flag officers,’’. 
SEC. 814. TECHNICAL DATA RIGHTS FOR NON-FAR AGREE-
MENTS. 
(a) RIGHTS IN TECHNICAL DATA FOR NON-FAR 
AGREEMENTS.— 
(1) IN
GENERAL.—Chapter 137 of title 10, 
United States Code, is amended by inserting after 
section 2320 the following new section: 
‘‘§ 2320a. Rights in technical data for non-FAR agree-
ments 
‘‘(a) POLICY GUIDANCE.— 
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‘‘(1) The Secretary of Defense shall issue policy 
guidance with respect to the use of a non-FAR 
agreement for the development of a major weapon 
system or an item of personnel protective equipment. 
‘‘(2) The guidance shall— 
‘‘(A) define the legitimate interest of the 
United States and a party to such an agree-
ment in technical data pertaining to an item or 
process to be developed under the agreement, 
including, at a minimum, the interest of— 
‘‘(i) the United States in increasing 
competition and lowering costs by devel-
oping and locating alternative sources of 
supply and manufacture; 
‘‘(ii) the United States in the ability 
to conduct emergency repair and overhaul; 
or 
‘‘(iii) the party to the agreement to 
restrict the release of technical data relat-
ing to an item or process developed at pri-
vate expense; and 
‘‘(B) require that specific rights in tech-
nical data shall be established during agreement 
negotiations and be based upon negotiations be-
tween the United States and the potential party 
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