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10 U.S.C. § 3774 — Major weapon systems and subsystems: long-term technical data needs
Federal law — U.S. Code and appendices · legal_authorities
**(a) Assessments and Acquisitions Strategies.—**
(1) The Secretary of Defense shall require program managers for major weapon systems and subsystems of major weapon systems to—
(A) assess the long-term technical data needs of such systems and subsystems; and
(B) establish corresponding acquisition strategies that provide for technical data rights needed to sustain such systems and subsystems over their life cycle.
(2) Such strategies may include—
(A) the development of maintenance capabilities within the Department of Defense; or
(B) competition for contracts for sustainment of such systems or subsystems.
**(b) Requirements Relating to Assessments and Acquisition Strategies.—** Assessments and corresponding acquisition strategies developed under subsection (a) with respect to a weapon system or subsystem shall—
(1) be developed before issuance of a contract solicitation for the weapon system or subsystem;
(2) address the merits of including a priced contract option for the future delivery of technical data that were not acquired upon initial contract award;
(3) address the potential for changes in the sustainment plan over the life cycle of the weapon system or subsystem; and
(4) apply to weapon systems and subsystems that are to be supported by performance-based logistics arrangements as well as to weapons systems and subsystems that are to be supported by other sustainment approaches.
**(c) Preference for Specially Negotiated Licenses.—**
(1) The Secretary of Defense shall, to the maximum extent practicable, negotiate and enter into a contract with a contractor for a specially negotiated license for technical data to support the product support strategy of a major weapon system or subsystem of a major weapon system.
(2) In performing the assessm
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Source location: Title 10, Chapter 275, § 3774; chapter-275-proprietary-contractor-data-and-rights-in-technical-data.md
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**(a) Assessments and Acquisitions Strategies.—**
(1) The Secretary of Defense shall require program managers for major weapon systems and subsystems of major weapon systems to—
(A) assess the long-term technical data needs of such systems and subsystems; and
(B) establish corresponding acquisition strategies that provide for technical data rights needed to sustain such systems and subsystems over their life cycle.
(2) Such strategies may include—
(A) the development of maintenance capabilities within the Department of Defense; or
(B) competition for contracts for sustainment of such systems or subsystems.
**(b) Requirements Relating to Assessments and Acquisition Strategies.—** Assessments and corresponding acquisition strategies developed under subsection (a) with respect to a weapon system or subsystem shall—
(1) be developed before issuance of a contract solicitation for the weapon system or subsystem;
(2) address the merits of including a priced contract option for the future delivery of technical data that were not acquired upon initial contract award;
(3) address the potential for changes in the sustainment plan over the life cycle of the weapon system or subsystem; and
(4) apply to weapon systems and subsystems that are to be supported by performance-based logistics arrangements as well as to weapons systems and subsystems that are to be supported by other sustainment approaches.
**(c) Preference for Specially Negotiated Licenses.—**
(1) The Secretary of Defense shall, to the maximum extent practicable, negotiate and enter into a contract with a contractor for a specially negotiated license for technical data to support the product support strategy of a major weapon system or subsystem of a major weapon system.
(2) In performing the assessment and developing the corresponding strategy required under subsection (a) for such a system or subsystem, a program manager shall consider the use of specially negotiated licenses to acquire customized technical data appropriate for the particular elements of the product support strategy.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Regulations Required.—**
(1) **In general.—** — The Secretary of Defense shall prescribe regulations to define the legitimate interest of the United States and of a contractor or subcontractor in technical data pertaining to an item or process. Such regulations shall be included in regulations of the Department of Defense prescribed as part of the Federal Acquisition Regulation.
(2) **Other rights not impaired.—** — Regulations prescribed under paragraph (1) may not impair—
(A) any right of the United States or of any contractor or subcontractor with respect to patents or copyrights or any other right in technical data otherwise established by law; or
(B) the right of a contractor or subcontractor to receive from a third party a fee or royalty for the use of technical data pertaining to an item or process developed exclusively at private expense by the contractor or subcontractor, except as otherwise specifically provided by law.
**(b) Required Provisions.—** Regulations prescribed under subsection (a) shall include the following provisions:
(1) **Development exclusively with federal funds.—** — In the case of an item or process that is developed by a contractor or subcontractor exclusively with Federal funds (other than an item or process developed under a contract or subcontract to which regulations under section 9(j)(2) of the Small Business Act ([15 U.S.C. 638(j)(2)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section638/j/2&num=0&edition=prelim)) apply), the United States shall have the unlimited right to—
(A) use technical data pertaining to the item or process; or
(B) release or disclose the technical data to persons outside the government or permit the use of the technical data by such persons.
(2) **Development ex
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3771
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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) In General.—** The Secretary of Defense shall ensure that each covered system is supported by a performance-based life-cycle sustainment plan—
(1) that is approved by the service acquisition executive responsible for such covered system; and
(2) that meets applicable operational readiness requirements and materiel readiness objectives (established under [section 118(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section118/c&num=0&edition=prelim)) in the most cost-effective manner practicable.
**(b) Life-cycle Sustainment Plan.—**
(1) A product support manager shall develop, update, and implement a life-cycle sustainment plan for each covered system for which the product support manager is responsible. Such plan shall include the following:
(A) A comprehensive product support strategy that addresses each Integrated Product Support Element in a manner—
(i) to best achieve operational readiness requirements and materiel readiness objectives throughout the planned life cycle of such system; and
(ii) that allows evaluation and selection of product support integrators and product support providers appropriate to execute the product support strategy.
(B) A life-cycle cost estimate for the covered system that—
(i) is based on the product support strategy described in subparagraph (A); and
(ii) if the covered system is a major defense acquisition program or major subprogram, is developed in accordance with the requirements to support a Milestone A approval, Milestone B approval, or Milestone C approval.
(C) Recommended engineering and design considerations that support cost-effective sustainment of the covered system and best value solutions in life cycle planning and management.
(D) An intellectu
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4324
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Federal law — U.S. Code and appendices · legal_authorities
Page 2553
TITLE 10—ARMED FORCES
§ 3774
(Added and amended Pub. L. 116–283, div. A, title
XVIII, § 1833(a)(1), (c), Jan. 1, 2021, 134 Stat. 4226,
4228.)
Editorial Notes
CODIFICATION
The text of subsec. (b) of section 2320 of this title,
which was transferred to this section, redesignated as
subsec. (a), and amended by Pub. L. 116–283, § 1833(c)(1),
(2), was based on Pub. L. 98–525, title XII, § 1216(a), Oct.
19, 1984, 98 Stat. 2596; Pub. L. 103–355, title VIII, § 8106(a),
Oct. 13, 1994, 108 Stat. 3393; Pub. L. 108–136, div. A, title
VIII, § 844, Nov. 24, 2003, 117 Stat. 1553; Pub. L. 112–81,
div. A, title VIII, 815(a), Dec. 31, 2011, 125 Stat. 1492;
Pub. L. 114–328, div. A, title VIII, § 809(c), Dec. 23, 2016,
130 Stat. 2267; Pub. L. 115–232, div. A, title VIII,
§ 836(c)(7), Aug. 13, 2018, 132 Stat. 1866.
The text of subsec. (c) of section 2320 of this title,
which was transferred to this section, redesignated as
subsec. (b), and amended by Pub. L. 116–283, § 1833(c)(1),
(3), was based on Pub. L. 98–525, title XII, § 1216(a), Oct.
19, 1984, 98 Stat. 2596; Pub. L. 100–180, div. A, title VIII,
§ 808(b), Dec. 4, 1987, 101 Stat. 1130; Pub. L. 111–84, div. A,
title VIII, § 821(a), Oct. 28, 2009, 123 Stat. 2411; Pub. L.
111–383, div. A, title VIII, § 801(a)(1), Jan. 7, 2011, 124
Stat. 4253; Pub. L. 112–81, div. A, title VIII, § 802(b)(1),
Dec. 31, 2011, 125 Stat. 1485.
AMENDMENTS
2021—Subsec.
(a).
Pub.
L.
116–283,
§ 1833(c)(1),
(2)(A)–(C), redesignated subsec. (b) of section 2320 of
this title as subsec. (a) of this section, inserted head-
ing, and substituted ‘‘section 3771 of this title’’ for
‘‘subsection (a)’’ and ‘‘section 3063’’ for ‘‘section 2303’’
in introductory provisions.
Subsec. (a)(1). Pub. L. 116–283, § 1833(c)(2)(D), sub-
stitu
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