Rights in technical data: regulations

Regulations prescribed under paragraph (1) may not impair— Regulations prescribed under subsection (a) shall include the following provisions: In the case of an item or process that is developed by a contractor or subcontractor exclusively with Federal funds (other than an item or process developed under a contract or subcontract to which regulations under section 9(j)(2) of the Small Business Act (15 U.S.C. 638(j)(2)) apply), the United States shall have the unlimited right to— Paragraph (2) does not apply to technical data that— Notwithstanding paragraph (2), 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— such release, disclosure, or use— The establishment of such rights shall be based upon consideration of all of the following factors: A contractor or subcontractor (or a prospective contractor or subcontractor) may not be required, as a condition of being responsive to a solicitation or as a condition for the award of a contract— to sell or otherwise relinquish to the United States any rights in technical data except— The Secretary of Defense may— The Secretary of Defense shall define the terms “developed”, “exclusively with Federal funds”, and “exclusively at private expense” in regulations prescribed under subsection (a). In defining such terms, the Secretary—