from the Defense Modernization Account authorized in section 2216 of title 10, United States Code. A program manager may apply for available funds by presenting a business case analysis of the anticipated return on investment of such funds. (2) Guidance required Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance for carrying out the program authorized under paragraph (1). The guidance shall set forth the process for applying for available funds, including information on the validation of business case analyses and the evaluation of applications. 202. Licensing of appropriate intellectual property to support major weapon systems (a) Negotiation of price for technical data before development or production of major weapon system (1) Requirement Chapter 144 of title 10, United States Code, is amended by inserting after section 2438 the following new section: 2439. Negotiation of price for technical data before development or production of major weapon systems The Secretary of Defense shall ensure that the Department of Defense, before selecting a contractor for the development or production of a major weapon system, negotiates a price for technical data to be delivered under a contract for such development or production. . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2438 the following new item: 2439. Negotiation of price for technical data before development or production of major weapon systems. . (b) Written determination for milestone b approval Subsection (a)(3) of section 2366b of title 10, United States Code, is amended— (1) by striking and at the end of subparagraph (M)