123STA T . 2 4 11 PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9Subti t leC— C on t rac tor M atter sSEC.821 . AUTHORI T YF OR G O V ER NM ENT SU P PORT CONTRACTORS TO HAVE ACCESS TO TECHNICA LD ATA B ELONGING TO PRIME CONTRACTORS. (a)AUTHORI T YF ORA C C ES STO T ECH N IC ALD ATA .—Subsection (c) o f section 23 2 0 of tit l e 1 0 ,U nite d States C ode, is a m ended— (1) in p a r a g rap h (1), b y stri k ing ‘ ‘or ’ ’ attheend
(2) by redesignating paragraph (2) as paragraph (3); and (3) by inserting after paragraph (1) the follo w ing new para - graph (2)
‘‘(2) notwithstanding any limitation upon the license rights con v eyed under subsection (a), allowing a covered G overnment support contractor access to and use of any technical data delivered under a contract for the sole purpose of furnishing independent and impartial advice or technical assistance directly to the Government in support of the Government’s management and oversight of the program or effort to which such technical data relates; or’’. (b) CO V ERE D GOVERN M ENT SU P PORT CONTRACTOR DEFINED.— Such section is further amended by adding at the end the following new subsection: ‘‘(f) I n this section, the term ‘covered Government support con- tractor’ means a contractor under a contract the primary purpose of which is to furnish independent and impartial advice or technical assistance directly to the Government in support of the Govern- ment’s management and oversight of a program or effort (rather than to directly furnish an end item or service to accomplish a program or effort), which contractor— ‘‘(1) is not affiliated with the prime contractor or a first- tier subcontractor on the program or effort, or with any direct competitor of such prime contractor or any such first-tier sub- contractor in furnishing end items or services of the type devel- oped or produced on the program or effort; and ‘‘(2) e x ecutes a contract with the Government agreeing to and acknowledging— ‘‘(A) that proprietary or nonpublic technical data fur- nished will be accessed and used only for the purposes stated in that contract; ‘‘( B ) that the covered Government support contractor will enter into a non-disclosure agreement with the con- tractor to whom the rights to the technical data belong; ‘‘(C) that the covered Government support contractor will take all reasonable steps to protect the proprietary and nonpublic nature of the technical data furnished to the covered Government support contractor during the pro- gram or effort for the period of time in which the Govern- ment is restricted from disclosing the technical data outside of the Government; ‘‘(D) that a breach of that contract by the covered Government support contractor with regard to a third party’s ownership or rights in such technical data may sub j ect the covered Government support contractor— ‘‘(i) to criminal, civil, administrative, and contrac- tual actions in law and e q uity for penalties, damages,
