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10 U.S.C. § 3781 — Technical data: contractor justification for restrictions; review of restrictions

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3781 — Technical data: contractor justification for restrictions; review of restrictions

**(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.

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Source location: Title 10, Chapter 275, § 3781; chapter-275-proprietary-contractor-data-and-rights-in-technical-data.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(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).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3786 — Use or release restriction: definition

In this subchapter, the term “use or release restriction”, with respect to technical data delivered to the United States under a contract subject to this section, means a restriction by the contractor or subcontractor on the right of the United States— (1) to use such technical data; or (2) to release or disclose such technical data to persons outside the Government or permit the use of such technical data by persons outside the Government.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 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 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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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3781 — Technical data: contractor justification

Page 2555 TITLE 10—ARMED FORCES § 3781 with regard to a third party’s ownership or rights in such technical data may subject the covered Government support con- tractor— (i) to criminal, civil, administrative, and contractual actions in law and equity for penalties, damages, and other appropriate remedies by the United States; and (ii) to civil actions for damages and other appropriate remedies by the con- tractor or subcontractor whose technical data is affected by the breach; and (E) that such technical data provided to the covered Government support contractor under the authority of this section shall not be used by the covered Government support contractor to compete against the third party for Government or non-Government contracts. (b) ADDITIONAL DEFINITIONS.—In this sub- chapter, the terms ‘‘major system component’’, ‘‘modular system interface’’, and ‘‘modular open system approach’’ have the meanings provided in section 4401 of this title. (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1833(a)(1), (f), Jan. 1, 2021, 134 Stat. 4226, 4230.) Editorial Notes CODIFICATION The text of subsec. (g) of section 2320 of this title, which was transferred to this section, redesignated as subsec. (a), and amended by Pub. L. 116–283, § 1833(f)(1), (2)(A), was based on Pub. L. 111–84, div. A, title VIII, § 821(b), Oct. 28, 2009, 123 Stat. 2411; Pub. L. 114–328, div. A, title VIII, § 809(d)(1), Dec. 23, 2016, 130 Stat. 2267; Pub. L. 115–91, div. A, title VIII, § 835(c)(1), Dec. 12, 2017, 131 Stat. 1471. The text of subsec. (h) of section 2320 of this title, which was transferred to this section, redesignated as subsec. (b), and amended by Pub. L. 116–283, § 1833(f), was based on Pub. L. 114–328, div. A, title VIII, § 809(d)(2), De

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