H. R. 1107—57 
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.
H. R. 1107—58 
(2) REQUIREMENTS IN ADDITION TO OTHER RIGHTS OF THE 
GOVERNMENT.—The requirements of paragraph (1) are in addi-
tion to and not in lieu of any other rights the Federal Govern-
ment may have pursuant to law. 
(d) FACTORS TO BE CONSIDERED IN PRESCRIBING REGULATIONS.— 
The following factors shall be considered in prescribing regulations 
under subsection (a): 
(1) Whether the item or process to which the technical data 
pertains was developed— 
(A) exclusively with Federal funds; 
(B) exclusively at private expense; or 
(C) in part with Federal funds and in part at private 
expense. 
(2) The statement of congressional policy and objectives in 
section 200 of title 35, the statement of purposes in section 
2(b) of the Small Business Innovation Development Act of 1982 
(Public Law 97–219, 15 U.S.C. 638 note), and the declaration 
of policy in section 2 of the Small Business Act (15 U.S.C. 
631). 
(3) The interest of the Federal Government in increasing 
competition and lowering costs by developing and locating alter-
native sources of supply and manufacture. 
(e) PROVISIONS REQUIRED IN CONTRACTS.—Regulations prescribed 
under subsection (a) shall require that a contract for property 
or services entered into by an executive agency contain appropriate 
provisions relating to technical data, including provisions— 
(1) defining the respective rights of the Federal Government 
and the contractor or subcontractor (at any tier) regarding 
technical data to be delivered under the contract; 
(2) specifying technical data to be delivered under the contract 
and schedules for delivery; 
(3) establishing or referencing procedures for determining 
the acceptability of technical data to be delivered under the 
contract; 
(4) establishing separate contract line items for technical 
data to be delivered under the contract; 
(5) to the maximum practicable extent, identifying, in 
advance of delivery, technical data which is to be delivered 
with restrictions on the right of the Federal Government to 
use the data; 
(6) requiring the contractor to revise any technical data deliv-
ered under the contract to reflect engineering design changes 
made during the performance of the contract and affecting 
the form, fit, and function of the items specified in the contract 
and to deliver the revised technical data to an agency within 
a time specified in the contract; 
(7) requiring the contractor to furnish written assurance, 
when technical data is delivered or is made available, that 
the technical data is complete and accurate and satisfies the 
requirements of the contract concerning technical data; 
(8) establishing remedies to be available to the Federal 
Government when technical data required to be delivered or 
made available under the contract is found to be incomplete 
or inadequate or to not satisfy the requirements of the contract 
concerning technical data; and 
(9) authorizing the head of the agency to withhold payments 
under the contract (or exercise another remedy the head of 
the agency considers appropriate) during any period if the
H. R. 1107—59 
contractor does not meet the requirements of the contract per-
taining to the delivery of technical data. 
§ 2303. Ethics safeguards related to contractor conflicts of 
interest 
(a) DEFINITION.—In this section, the term ‘‘relevant acquisition 
function’’ means an acquisition function closely associated with 
inherently governmental functions. 
(b) POLICY ON PERSONAL CONFLICTS OF INTEREST BY CONTRACTOR 
EMPLOYEES.— 
(1) DEVELOPMENT AND ISSUANCE OF POLICY.—The Adminis-
trator shall develop and issue a standard policy to prevent 
personal conflicts of interest by contractor employees per-
forming relevant acquisition functions (including the develop-
ment, award, and administration of Federal Government con-
tracts) for or on behalf of a Federal agency or department. 
(2) ELEMENTS OF POLICY.—The policy shall— 
(A) define ‘‘personal conflict of interest’’ as it relates 
to contractor employees performing relevant acquisition 
functions; and 
(B) require each contractor whose employees perform 
relevant acquisition functions to— 
(i) identify and prevent personal conflicts of interest 
for the employees; 
(ii) prohibit contractor employees who have access 
to non-public government information obtained while 
performing relevant acquisition functions from using 
the information for personal gain; 
(iii) report any personal conflict-of-interest violation 
by an employee to the applicable contracting officer 
or contracting officer’s representative as soon as it 
is identified; 
(iv) maintain effective oversight to verify compliance 
with personal conflict-of-interest safeguards; 
(v) have procedures in place to screen for potential 
conflicts of interest for all employees performing rel-
evant acquisition functions; and 
(vi) take appropriate disciplinary action in the case 
of employees who fail to comply with policies estab-
lished pursuant to this section. 
(3) CONTRACT CLAUSE.— 
(A) CONTENTS.—The Administrator shall develop a per-
sonal conflicts-of-interest clause or a set of clauses for 
inclusion in solicitations and contracts (and task or delivery 
orders) for the performance of relevant acquisition functions 
that sets forth— 
(i) the personal conflicts-of-interest policy developed 
under this subsection; and 
(ii) the contractor’s responsibilities under the policy. 
(B) EFFECTIVE DATE.—Subparagraph (A) shall take effect 
300 days after October 14, 2008, and shall apply to— 
(i) contracts entered into on or after that effective 
date; and 
(ii) task or delivery orders awarded on or after that 
effective date, regardless of whether the contracts 
pursuant to which the task or delivery orders are 
awarded are entered before, on, or after October 14, 
2008.