Page:United States Statutes at Large Volume 98 Part 3.djvu/702

 98 STAT. 3074

Effective date. 41 USC 253g note.

PUBLIC LAW 98-577—OCT. 30, 1984

process (including computer software) made or furnished by the subcontractor under the contract (or any follow-on production contract); or "(2) otherwise act to restrict unreasonably the ability of a subcontractor to make sales to the United States described in clause (1). "(b) This section does not prohibit a contractor from asserting rights it otherwise has under law.". (b) The amendment made by subsection (a) shall. apply with respect to solicitations made more than 180 days after the date of the enactment of this Act. CLERICAL AMENDMENT

SEC. 207. The table of contents of the Act is amended by inserting after the item relating to section 303C the following new items: "Sec. "Sec. "Sec. "Sec. "Sec.

303D. Encouragement of new competition. 303E. Validation of proprietary data restrictions. 303F. Commercial pricing for supplies. 303G. Economic order quantities 303H. Prohibition of contractors limiting subcontractor sales directly to the United States.".

TITLE III—AMENDMENTS TO THE OFFICE OF FEDERAL PROCUREMENT POLICY ACT TECHNICAL DATA MANAGEMENT

Ante, p. 1198.

SEC. 301. (a) The Office of Federal Procurement Policy Act (hereafter in this title referred to as "the Act") is amended by redesignating section 21 as section 23 and by inserting after section 20 the following new section: RIGHTS IN TECHNICAL DATA

Science and technology. 41 USC 418a. eopyrights.

41 USC 251.

"SEC. 21. (a) The legitimate proprietary interest of the United States and of a contractor in technical or other data shall be defined in regulations prescribed as part of the single system of Government-wide procurement regulations as defined in section 4(4) of this Act. Such regulations may not impair any right of the United States or of any contractor with respect to patents or copyrights or any other right in technical data otherwise established by law. Such regulations shall provide, with respect to executive agencies that are subject to the provisions of title III of the Federal Property and Administrative Services Act of 1949, that the United States may not require persons who have developed products or processes offered or to be offered for sale to the public as a condition for the procurement of such products or processes by the United States, to provide to the United States technical data relating to the design, development, or manufacture of such products or processes (except for such data as may be necessary for the United States to operate and maintain the product or use the process if obtained by the United States as an element of performance under the contract). "(b)(1) Except as otherwise expressly provided by Federal statute, the regulations prescribed pursuant to subsection (a) shall provide, with respect to executive agencies that are subject to the provisions of title III of the Federal Property and Administrative Services Act of 1949, that the United States shall have unlimited rights in

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