124 STAT. 3733 PUBLIC LAW 111–350—JAN. 4, 2011 agencies, with due regard for differences in program require- ments among agencies that may require departures from uni- form procedures and processes in appropriate cases, when war- ranted because of the agency mission; (2) ensure that the head of each executive agency complies with the requirements of subsection (d); and (3) consult with the heads of appropriate Federal agencies with applicable technical and functional expertise, including the Office of Information and Regulatory Affairs, the National Institute of Standards and Technology, the General Services Administration, and the Department of Defense. § 2302. Rights in technical data (a) WHERE DEFINED.—The legitimate proprietary interest of the Federal Government and of a contractor in technical or other data shall be defined in regulations prescribed as part of the Federal Acquisition Regulation. (b) GENERAL EXTENT OF REGULATIONS.— (1) OTHER RIGHTS NOT IMPAIRED.—Regulations prescribed under subsection (a) may not impair a right of the Federal Government or of a contractor with respect to a patent or copyright or another right in technical data otherwise estab- lished by law. (2) LIMITATION ON REQUIRING DATA BE PROVIDED TO THE GOVERNMENT.—With respect to executive agencies subject to division C, regulations prescribed under subsection (a) shall provide that the Federal Government may not require a person that has developed a product (or process offered or to be offered for sale to the public) to provide to the Federal Government technical data relating to the design (or development or manu- facture of the product or process) as a condition of procurement by the Federal Government of the product or process. This paragraph does not apply to data that may be necessary for the Federal Government to operate and maintain the product or use the process if the Federal Government obtains it as an element of performance under the contract. (c) TECHNICAL DATA DEVELOPED WITH FEDERAL FUNDS.— (1) USE BY GOVERNMENT AND AGENCIES.—Except as otherwise expressly provided by Federal statute, with respect to executive agencies subject to division C, regulations prescribed under subsection (a) shall provide that— (A) the Federal Government has unlimited rights in tech- nical data developed exclusively with Federal funds if delivery of the data— (i) was required as an element of performance under a contract; and (ii) is needed to ensure the competitive acquisition of supplies or services that will be required in substan- tial quantities in the future; and (B) the Federal Government and each agency of the Federal Government has an unrestricted, royalty-free right to use, or to have its contractors use, for governmental purposes (excluding publication outside the Federal Government) technical data developed exclusively with Federal funds.
