Sec. 213. Data first produced during non-NASA scientific utilization of the ISS national laboratory

443 words·~2 min read·/bill/115/s/3799/is/section-213

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Subchapter III of chapter 201 of title 51, United States Code, as amended by section 212 of this Act, is further amended by adding at the end the following: The Federal Government may not use or reproduce, or disclose outside of the Government, any data first produced in the performance of designated activities under a written contract with the Administration or the ISS management entity, unless— otherwise agreed under the terms of the contract with the Administration or the ISS management entity, as applicable; any funding for the designated activities is from a Federal source; disclosure is required by law; the Government has rights in the data under another Federal contract, grant, cooperative agreement, or other transaction; otherwise lawfully acquired by the Government; related to the health and safety of personnel on the ISS; or essential to the performance of work by the ISS management entity or NASA personnel.

In this section: The term contract has the meaning given the term under section 20135(a). The term data means recorded information, regardless of form or the media on which it may be recorded. The term data includes technical data and computer software. The term data does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information. The term designated activities has the meaning given the term under section 20150.

The term ISS management entity has the meaning given the term under section 20150. . Section 20131(b)(2) of title 51, United States Code, is amended to read as follows: Information referred to in paragraph

(1)is information that results from activities conducted under an agreement entered into under subsections

(e)and

(f)of section 20113 of this title, and that would be a trade secret or commercial or financial information that is privileged or confidential under the meaning of section 552(b)(4) of title 5 if the information had been obtained from a non-Federal party participating in such an agreement. Information referred to in paragraph

(1)includes data first produced by the Administration in the performance of any designated activities (as defined in section 20150 of this title), and that would be a trade secret or commercial or financial information that is privileged or confidential under the meaning of section 552(b)(4) of title 5 if the data had been obtained from a non-Federal party. In this subparagraph, the term data has the meaning given the term under section 20151. . The table of contents for chapter 201 of title 51, United States Code, as amended by section 212 of this Act, is further amended by inserting after the item relating to section 20150 the following: 20151. Data rights. .