Sec. 214. Data first produced during non-NASA scientific use of the ISS national laboratory
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Subchapter III of chapter 201 of title 51, United States Code, as amended by section 213, 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 a designated activity 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; the designated activity is carried out with Federal funds; disclosure is required by law; the Federal Government has rights in the data under another Federal contract, grant, cooperative agreement, or other transaction; or the data is— otherwise lawfully acquired or independently developed by the Federal 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 activity has the meaning given the term in section 20150.
The term ISS management entity has the meaning given the term in 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; and would be a trade secret or commercial or financial information that is privileged or confidential within 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 (as defined in section 20151) that— was first produced by the Administration in the performance of any designated activity (as defined in section 20150); and would be a trade secret or commercial or financial information that is privileged or confidential within the meaning of section 552(b)(4) of title 5 if the data had been obtained from a non-Federal party. . The table of sections for chapter 201 of title 51, United States Code, as amended by section 213, is further amended by inserting after the item relating to section 20150 the following: 20151. Data rights. .