Page:United States Statutes at Large Volume 100 Part 2.djvu/851

 PUBLIC LAW 99-500—OCT. 18, 1986

100 STAT. 1783-170

"(A) In the case of an item or process that is developed by a contractor or subcontractor exclusively with Federal funds, the United States shall have the unlimited right to— "(i) use technical data pertaining to the item or process; or "(ii) release or disclose the technical data to persons outside the government or permit the use of the technical data by such persons. "(B) Except as provided in subparagraphs (C) and (D), in the case of an item or process that is developed by a contractor or subcontractor exclusively at private expense, the contractor or subcontractor may restrict the right of the United States to release or disclose technical data pertaining to the item or process to persons outside the government, or permit the use of the technical data by such persons. "(C) Subparagraph (B) does not apply to technical data that— "(i) constitutes a correction or change to data furnished by the United States; "(ii) relates to form, fit, or function; "(iii) is necessary for operation, maintenance, installation, or training (other than detailed manufacturing or process data); or "(iv) is otherwise publicly available or has been released or disclosed by the contractor or subcontractor without restriction on further release or disclosure. "(D) Notwithstanding subparagraph (B), the United States may release or disclose technical data to persons outside the Government, or permit the use of technical data by such persons, if— "(i) such release, disclosure, or use— "(I) is necessary for emergency repair and overhaul; or "(II) is a release or disclosure of technical data (other than detailed manufacturing or process data) to, or use of such data by, a foreign government that is in the interest of the United States and is required for evaluational or informational purposes; "(ii) such release, disclosure, or use is made subject to a prohibition that the person to whom the data is released or disclosed may not further release, disclose, or use such data; and "(iii) the contractor or subcontractor asserting the restriction is notified of such release, disclosure, or use. "(E) In the case of an item or process that is developed in part with Federal funds and in part at private expense, the respective rights of the United States and of the contractor or subcontractor in technical data pertaining to such item or process shall be agreed upon as early in the acquisition process as practicable (preferably during contract negotiations), based upon consideration of all of the following factors: "(i) The statement of congressional policy and objectives in section 200 of title 35, the statement of purposes in section 2(b) of the Small Business Innovation Development Act of 1982 (15 U.S.C. 638 note), and the declaration of policy in section 2 of the Small Business Act (15 U.S.C. 631).

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