Sec. 1705. Amendments relating to technical data rights
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Subsection (a)(2)(C)(iii) of section 2320 of title 10, United States Code, is amended by inserting after or process data the following: , including such data pertaining to a major system component . Subsection (a)(2) of section 2320 of such title is further amended— by redesignating subparagraphs (E), (F), and
(G)as subparagraphs (F), (I), and (J), respectively; in subparagraph (B), by striking Except as provided in subparagraphs
(C)and (D), and inserting Except as provided in subparagraphs (C), (D), and (E), ; in subparagraph (D)(i), by striking subclause
(II)and inserting the following: is a release, disclosure, or use of technical data pertaining to an interface between an item or process and other items or processes; or ; by inserting after subparagraph
(D)the following new subparagraph (E): Notwithstanding subparagraph (B), the United States shall have government purpose rights in technical data pertaining to a major system interface developed exclusively at private expense and used in a modular open system approach pursuant to section 2446a of this title. ; in subparagraph (F), as redesignated by paragraph (1), by striking In the case of and inserting Except as provided in subparagraphs
(G)and (H), in the case of ; by inserting after subparagraph (F), as so redesignated, the following new subparagraphs
(G)and (H): Notwithstanding subparagraph (F), the United States shall have government purpose rights in technical data pertaining to an interface between an item or process and other items or processes that was developed in part with Federal funds and in part at private expense, except in any case in which the Secretary of Defense determines, on the basis of criteria established in the regulations, that negotiation of different rights in such technical data would be in the best interest of the United States. Notwithstanding subparagraph (F), the United States shall have government purpose rights in technical data pertaining to a major system interface developed in part with Federal funds and in part at private expense and used in a modular open system approach pursuant to section 2446a of this title. ; and in subparagraph (J), as redesignated by paragraph (1), by striking provided under subparagraph
(C)or (D), and inserting provided under subparagraph (C), (D), (E), or (H), . Section (a)(2)(F) of section 2320 of such title, as redesignated by subsection (b)(1) of this section, is further amended by striking the period at the end of the first sentence in the matter preceding clause
(i)and all that follows through establishment of any such negotiated rights shall and inserting and shall be based on negotiations between the United States and the contractor, except in any case in which the Secretary of Defense determines, on the basis of criteria established in the regulations, that negotiations would not be practicable. The establishment of such rights shall . Subsection (b)(9) of section 2320 of such title is amended— by striking at any time and inserting , until the date occurring six years after acceptance of the last item (other than technical data) under a contract or the date of contract termination, whichever is later, ; by striking or utilized in the performance of a contract and inserting in the performance of the contract ; and by striking clause
(ii)of subparagraph
(B)and inserting the following: is described in subparagraphs (D)(i)(II), (E), (G), and
(H)of subsection (a)(2); and . Section 2320 of such title is further amended— in subsection (f), by inserting before Covered Government support contractor defined.— In this section ; and by adding at the end the following new subsection: In this section, the terms major system component , major system interface , and modular open system approach have the meanings provided in section 2446a of this title. . Section 2320(a) of such title is further amended— in subparagraph
(A)of paragraph (2), by inserting after
(A)the following: ; Development exclusively with Federal funds.— in subparagraph
(B)of such paragraph, by inserting after
(B)the following: ; and Development exclusively at private expense.— in subparagraph
(F)of such paragraph, as redesignated by subsection
(b)of this section, by inserting after
(F)the following: Development in part with Federal funds and in part at private expense.— .