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10 U.S.C. § 3782 — Technical data: challenges to contractor restrictions
Federal law — U.S. Code and appendices · legal_authorities
**(a) Challenges by Secretary of Defense.—** The Secretary of Defense may challenge a use or release restriction asserted with respect to technical data by a contractor or subcontractor at any tier under a contract subject to this subchapter if the Secretary finds that—
(1) reasonable grounds exist to question the current validity of the asserted restriction; and
(2) the continued adherence by the United States to the asserted restriction would make it impracticable to procure the item to which the technical data pertain competitively at a later time.
**(b) Time Limit for Challenges; Exceptions.—**
(1) A challenge to a use or release restriction asserted by the contractor in accordance with applicable regulations may not be made under subsection (a) after the end of the six-year period described in paragraph (2) unless the technical data involved—
(A) are publicly available;
(B) have been furnished to the United States without restriction;
(C) have been otherwise made available without restriction; or
(D) are the subject of a fraudulently asserted use or release restriction.
(2) The six-year period referred to in paragraph (1) is the six-year period beginning on the later of—
(A) the date on which final payment is made on the contract under which the technical data are required to be delivered; or
(B) the date on which the technical data are delivered under the contract.
**(c) Written Notice to Contractor or Subcontractor.—** If the Secretary challenges an asserted use or release restriction under subsection (a), the Secretary shall provide written notice of the challenge to the contractor or subcontractor asserting the restriction. Any such notice shall—
(1) state the specific grounds for challenging the asserted restriction;
(2) require a res
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Stable record: federal_law:legal_authorities:record_usc_01e68cb8c5646787c9bc0435
Source file: Laws/federal/codes/united-states-code/title-10/section-3782-technical-data-challenges-to-contractor-restrictions--516d48bf63.md
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Source location: Title 10, Chapter 275, § 3782; chapter-275-proprietary-contractor-data-and-rights-in-technical-data.md
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**(a) Challenges by Secretary of Defense.—** The Secretary of Defense may challenge a use or release restriction asserted with respect to technical data by a contractor or subcontractor at any tier under a contract subject to this subchapter if the Secretary finds that—
(1) reasonable grounds exist to question the current validity of the asserted restriction; and
(2) the continued adherence by the United States to the asserted restriction would make it impracticable to procure the item to which the technical data pertain competitively at a later time.
**(b) Time Limit for Challenges; Exceptions.—**
(1) A challenge to a use or release restriction asserted by the contractor in accordance with applicable regulations may not be made under subsection (a) after the end of the six-year period described in paragraph (2) unless the technical data involved—
(A) are publicly available;
(B) have been furnished to the United States without restriction;
(C) have been otherwise made available without restriction; or
(D) are the subject of a fraudulently asserted use or release restriction.
(2) The six-year period referred to in paragraph (1) is the six-year period beginning on the later of—
(A) the date on which final payment is made on the contract under which the technical data are required to be delivered; or
(B) the date on which the technical data are delivered under the contract.
**(c) Written Notice to Contractor or Subcontractor.—** If the Secretary challenges an asserted use or release restriction under subsection (a), the Secretary shall provide written notice of the challenge to the contractor or subcontractor asserting the restriction. Any such notice shall—
(1) state the specific grounds for challenging the asserted restriction;
(2) require a response within 60 days justifying the current validity of the asserted restriction; and
(3) state that evidence of a justification described in subsection (d) may be submitted.
**(d) Justification.—** It is a justification of an asserted use or release restriction challenged under subsection (a) that, within the three-year period preceding the challenge to the restriction, the Department of Defense validated a restriction identical to the asserted restriction if—
(1) such validation occurred after a challenge to the validated restriction under this section; and
(2) the validated restriction was asserted by the same contractor or subcontractor (or a licensee of such contractor or subcontractor).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Contracts Covered by Subchapter.—** This subchapter applies to any contract for supplies or services entered into by the Department of Defense that includes provisions for the delivery of technical data.
**(b) Contractor Justification for Restrictions.—** A contract subject to this subchapter shall provide that a contractor under the contract and any subcontractor under the contract at any tier shall be prepared to furnish to the contracting officer a written justification for any use or release restriction (as defined in [section 3786 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3786&num=0&edition=prelim)) asserted by the contractor or subcontractor.
**(c) Review of Restrictions.—**
(1) The Secretary of Defense shall ensure that there is a thorough review of the appropriateness of any use or release restriction asserted with respect to technical data by a contractor or subcontractor at any tier under a contract subject to this subchapter.
(2) The review of an asserted use or release restriction under paragraph (1) shall be conducted before the end of the three-year period beginning on the later of—
(A) the date on which final payment is made on the contract under which the technical data is required to be delivered; or
(B) the date on which the technical data is delivered under the contract.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3781
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary of the military department concerned shall convene boards of inquiry at such times and places as the Secretary may prescribe to receive evidence and make findings and recommendations as to whether an officer who is required under [section 1181 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1181&num=0&edition=prelim) to show cause for retention on active duty should be retained on active duty. Each board of inquiry shall be composed of not less than three officers having the qualifications prescribed by [section 1187 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1187&num=0&edition=prelim).
**(b)** A board of inquiry shall give a fair and impartial hearing to each officer required under [section 1181 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1181&num=0&edition=prelim) to show cause for retention on active duty.
**(c)**
(1) If a board of inquiry determines that the officer has failed to establish that he should be retained on active duty, it shall recommend to the Secretary concerned that the officer not be retained on active duty.
(2) Under regulations prescribed by the Secretary concerned, an officer as to whom a board of inquiry makes a recommendation under paragraph (1) that the officer not be retained on active duty may be required to take leave pending the completion of the officer’s case under this chapter. The officer may be required to begin such leave at any time following the officer’s receipt of the report of the board of inquiry, including the board’s recommendation for removal from active duty, and the expiration of any period allowed for submission by the officer of a rebuttal to that report. The
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1182
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Contract Provisions Relating to Technical Data.—** Regulations prescribed under [section 3771 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3771&num=0&edition=prelim) shall require that, whenever practicable, a contract for supplies or services entered into by an agency named in [section 3063 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3063&num=0&edition=prelim) contain appropriate provisions relating to technical data, including provisions—
(1) defining the respective rights of the United States and the contractor or subcontractor (at any tier) regarding any technical data to be delivered under the contract and providing that, in the case of a contract for a commercial product, the product shall be presumed to be developed at private expense unless shown otherwise in accordance with section 3784;
(2) specifying the technical data, if any, to be delivered under the contract and delivery schedules for such 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 the technical data, if any, 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 United States to use such data;
(6) requiring the contractor—
(A) to revise any technical data delivered 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
(B) to deliver such revised technical data to an agency within a time
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3772
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Federal law — U.S. Code and appendices · legal_authorities
Page 2556
TITLE 10—ARMED FORCES
§ 3782
Subsec. (b). Pub. L. 116–283, § 1833(h)(1), (3), trans-
ferred subsec. (b) of section 2321 of this title to this sec-
tion and substituted ‘‘this subchapter’’ for ‘‘this sec-
tion’’ and ‘‘(as defined in section 3786 of this title) as-
serted’’ for ‘‘(as defined in subsection (i)) asserted’’.
Subsec. (c). Pub. L. 116–283, § 1833(h)(1), (4)(A), (C),
transferred subsec. (c) of section 2321 of this title to
this section and realigned margins of pars. (1) and (2).
Subsec. (c)(1). Pub. L. 116–283, § 1833(h)(4)(B), sub-
stituted ‘‘this subchapter’’ for ‘‘this section’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section and amendment by Pub. L. 116–283 effective
Jan. 1, 2022, with additional provisions for delayed im-
plementation and applicability of existing law, see sec-
tion 1801(d) of Pub. L. 116–283, set out as an Effective
Date of 2021 Amendment note preceding section 3001 of
this title.
§ 3782. Technical data: challenges to contractor
restrictions
(a) CHALLENGES BY SECRETARY OF DEFENSE.—
The Secretary of Defense may challenge a use or
release restriction asserted with respect to tech-
nical data by a contractor or subcontractor at
any tier under a contract subject to this sub-
chapter if the Secretary finds that—
(1) reasonable grounds exist to question the
current validity of the asserted restriction;
and
(2) the continued adherence by the United
States to the asserted restriction would make
it impracticable to procure the item to which
the technical data pertain competitively at a
later time.
(b) TIME LIMIT FOR CHALLENGES; EXCEPTIONS.—
(1) A challenge to a use or release restriction
asserted by the contractor in accordance with
applicable regulations may not be made under
subsection (a) after
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 3782
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