Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)
Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via Atlas depot), ingested with the standard pipeline: raw snapshot -> per-section OKF markdown -> manifest + checksums. Title 52 untouched. LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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---
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type: "LegalText"
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title: "10 U.S.C. § 3772"
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description: "Rights in technical data: provisions required in contracts"
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title_number: 10
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title_name: "ARMED FORCES"
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chapter_number: "275"
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chapter_name: "PROPRIETARY CONTRACTOR DATA AND RIGHTS IN TECHNICAL DATA"
|
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section: "3772"
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citation: "10 U.S.C. § 3772"
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status: "current"
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tags: ["legal", "us-code"]
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---
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# 10 U.S.C. § 3772 - Rights in technical data: provisions required in contracts
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## Text
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(a) Contract Provisions Relating to Technical Data.— Regulations prescribed under section 3771 of this title shall require that, whenever practicable, a contract for supplies or services entered into by an agency named in section 3063 of this title contain appropriate provisions relating to technical data, including provisions—
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(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;
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(2) specifying the technical data, if any, to be delivered under the contract and delivery schedules for such delivery;
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(3) establishing or referencing procedures for determining the acceptability of technical data to be delivered under the contract;
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(4) establishing separate contract line items for the technical data, if any, to be delivered under the contract;
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(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;
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(6) requiring the contractor—
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(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
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(B) to deliver such revised technical data to an agency within a time specified in the contract;
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(7) establishing remedies to be available to the United States when technical data required to be delivered or made available under the contract is found—
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(A) to be incomplete or inadequate; or
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(B) to not satisfy the requirements of the contract concerning technical data;
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(8) authorizing the head of the agency to withhold payments under the contract (or exercise such other remedies as the head of the agency considers appropriate) during any period if the contractor does not meet the requirements of the contract pertaining to the delivery of technical data;
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(9) providing that, in addition to technical data that is already subject to a contract delivery requirement, the United States may require, until the date occurring six years after acceptance of the last item (other than technical data) under a contract or the date of contract termination, whichever is later, the delivery of technical data that has been generated in the performance of the contract, and compensate the contractor only for reasonable costs incurred for having converted and delivered the data in the required form, upon a determination that—
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(A) the technical data is needed for the purpose of reprocurement, sustainment, modification, or upgrade (including through competitive means) of a major system or subsystem thereof, a weapon system or subsystem thereof, or any noncommercial product or process; and
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(B) the technical data—
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(i) pertains to an item or process developed in whole or in part with Federal funds; or
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(ii) is described in paragraphs (4)(A)(ii), (6), and (7) of section 3771(b) of this title; and
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(10) providing that the United States is not foreclosed from requiring the delivery of the technical data by a failure to challenge, in accordance with the requirements of section 3782 of this title, the contractor’s assertion of a use or release restriction on the technical data.
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(b) Nothing in this subchapter or in section 3208 of this title prohibits the Secretary of Defense from—
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(1) prescribing standards for determining whether a contract entered into by the Department of Defense shall provide for a time to be specified in the contract after which the United States shall have the right to use (or have used) for any purpose of the United States all technical data required to be delivered to the United States under the contract or providing for such a period of time (not to exceed 7 years) as a negotiation objective;
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(2) notwithstanding any limitation upon the license rights conveyed under section 3771 of this title, allowing a covered Government 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
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(3) prescribing reasonable and flexible guidelines, including negotiation objectives, for the conduct of negotiations regarding the respective rights in technical data of the United States and the contractor.
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(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1833(a)(1), (c), Jan. 1, 2021, 134 Stat. 4226, 4228.)
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## Notes
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Editorial Notes
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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.
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Amendments2021—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 heading, 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), substituted “section 3784” for “section 2321(f)”. Subsec. (a)(6). Pub. L. 116–283, § 1833(c)(2)(E), inserted dash after “the contractor” and reorganized remainder of text into designated subpars. (A) and (B). Subsec. (a)(7). Pub. L. 116–283, § 1833(c)(2)(F), inserted dash after “is found” and reorganized remainder of text into designated subpars. (A) and (B). Subsec. (a)(9)(B)(ii). Pub. L. 116–283, § 1833(c)(2)(G), substituted “paragraphs (4)(A)(ii), (6), and (7) of section 3771(b) of this title” for “subparagraphs (D)(i)(II), (F), and (G) of subsection (a)(2)”. Subsec. (a)(10). Pub. L. 116–283, § 1833(c)(2)(H), substituted “section 3782” for “section 2321(d)”. Subsec. (b). Pub. L. 116–283, § 1833(c)(3)(A), which directed substitution of “in this subchapter or in section 3208” for “in this section or in section 2305(a)”, was executed by making the substitution for “in this section or in section 2305(d)” in introductory provisions to reflect the probable intent of Congress. Pub. L. 116–283, § 1833(c)(1) redesignated subsec. (c) of section 2320 of this title as subsec. (b) of this section. Subsec. (b)(2). Pub. L. 116–283, § 1833(c)(3)(B), substituted “section 3771 of this title” for “subsection (a)”.
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Statutory Notes and Related Subsidiaries
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Effective DateSection and amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title.
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---
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type: "LegalText"
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title: "10 U.S.C. § 3773"
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description: "Domestic business concerns: programs for replenishment parts"
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jurisdiction: "us"
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corpus: "united_states_code"
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kind: "code_section"
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title_number: 10
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title_name: "ARMED FORCES"
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chapter_number: "275"
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chapter_name: "PROPRIETARY CONTRACTOR DATA AND RIGHTS IN TECHNICAL DATA"
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section: "3773"
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citation: "10 U.S.C. § 3773"
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status: "current"
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confidence: "official"
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tags: ["legal", "us-code"]
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---
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# 10 U.S.C. § 3773 - Domestic business concerns: programs for replenishment parts
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## Text
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The Secretary of Defense shall by regulation establish programs which provide domestic business concerns an opportunity to purchase or borrow replenishment parts from the United States for the purpose of design replication or modification, to be used by such concerns in the submission of subsequent offers to sell the same or like parts to the United States. Nothing in this section limits the authority of the head of an agency to impose restrictions on such a program related to national security considerations, inventory needs of the United States, the improbability of future purchases of the same or like parts, or any additional restriction otherwise required by law.
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(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1833(a)(1), (d), Jan. 1, 2021, 134 Stat. 4226, 4229.)
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## Notes
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Editorial Notes
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Codification The text of subsec. (d) of section 2320 of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1833(d), was based on Pub. L. 98–525, title XII, § 1216(a), Oct. 19, 1984, 98 Stat. 2597.
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Amendments2021—Pub. L. 116–283, § 1833(d), transferred subsec. (d) of section 2320 of this title to this section, struck out subsec. (d) designation at beginning, and substituted “this section” for “this subsection”.
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Statutory Notes and Related Subsidiaries
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Effective DateSection and amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title.
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---
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||||
type: "LegalText"
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||||
title: "10 U.S.C. § 3774"
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description: "Major weapon systems and subsystems: long-term technical data needs"
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jurisdiction: "us"
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corpus: "united_states_code"
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kind: "code_section"
|
||||
title_number: 10
|
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title_name: "ARMED FORCES"
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||||
chapter_number: "275"
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||||
chapter_name: "PROPRIETARY CONTRACTOR DATA AND RIGHTS IN TECHNICAL DATA"
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||||
section: "3774"
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||||
citation: "10 U.S.C. § 3774"
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||||
status: "current"
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release_point: "119-100"
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confidence: "official"
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tags: ["legal", "us-code"]
|
||||
---
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||||
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# 10 U.S.C. § 3774 - Major weapon systems and subsystems: long-term technical data needs
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## Text
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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—
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(A) assess the long-term technical data needs of such systems and subsystems; and
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(B) establish corresponding acquisition strategies that provide for technical data rights needed to sustain such systems and subsystems over their life cycle.
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(2) Such strategies may include—
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(A) the development of maintenance capabilities within the Department of Defense; or
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(B) competition for contracts for sustainment of such systems or subsystems.
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(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—
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(1) be developed before issuance of a contract solicitation for the weapon system or subsystem;
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(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;
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(3) address the potential for changes in the sustainment plan over the life cycle of the weapon system or subsystem; and
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(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.
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(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.
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(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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(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1833(a)(1), (e), Jan. 1, 2021, 134 Stat. 4226, 4229.)
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## Notes
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Editorial Notes
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Codification The text of subsec. (e) of section 2320 of this title, which was transferred to this section, redesignated as subsecs. (a) and (b), and amended by Pub. L. 116–283, § 1833(e)(1)–(4), was based on Pub. L. 109–364, div. A, title VIII, § 802(a), Oct. 17, 2006, 120 Stat. 2312. The text of subsec. (f) of section 2320 of this title, which was transferred to this section, redesignated as subsec. (c), and amended by Pub. L. 116–283, § 1833(e)(1), (5), was based on Pub. L. 115–91, div. A, title VIII, § 835(c)(2), Dec. 12, 2017, 131 Stat. 1471.
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Amendments2021—Subsec. (a). Pub. L. 116–283, § 1833(e)(1), (3)(A), (B), redesignated subsec. (e) of section 2320 of this title as subsec. (a) of this section, inserted heading, and designated first and second sentences of existing provisions as pars. (1) and (2), respectively. Third sentence of subsec. (a) designated subsec. (b). Subsec. (a)(1). Pub. L. 116–283, § 1833(e)(3)(C), inserted dash after “major weapon systems to” and reorganized remainder of text into designated subpars. (A) and (B). Subsec. (a)(2). Pub. L. 116–283, § 1833(e)(3)(D), inserted dash after “may include” and reorganized remainder of text into designated subpars. (A) and (B). Subsec. (b). Pub. L. 116–283, § 1833(e)(2), (4), designated third sentence of subsec. (a) as subsec. (b), inserted heading, and substituted “developed under subsection (a) with respect to” for “developed under this section with respect to” in introductory provisions. Subsec. (c). Pub. L. 116–283, § 1833(e)(1), (5), redesignated subsec. (f) of section 2320 of this title as subsec. (c) of this section, designated first and second sentences of existing provisions as pars. (1) and (2), respectively, and, in par. (2), substituted “subsection (a)” for “subsection (e)”.
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Statutory Notes and Related Subsidiaries
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Effective DateSection and amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title.
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RegulationsPub. L. 109–364, div. A, title VIII, § 802(c), Oct. 17, 2006, 120 Stat. 2313, provided that: “Not later than 180 days after the date of the enactment of this Act [Oct. 17, 2006], the Secretary of Defense shall revise regulations under section 2320 of title 10, United States Code [see 10 U.S.C. 3771 et seq.], to implement subsection (e) of such section [see 10 U.S.C. 3774(a), (b)] (as added by this section), including incorporating policy changes developed under such subsection into Department of Defense Directive 5000.1 and Department of Defense Instruction 5000.2.”
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Guidance Relating to Rights in Technical DataPub. L. 111–383, div. A, title VIII, § 824(a), Jan. 7, 2011, 124 Stat. 4269, which required the Secretary of Defense to review certain guidance relating to rights in technical data, was repealed by Pub. L. 119–60, div. A, title VIII, § 811(b)(12)(C), Dec. 18, 2025, 139 Stat. 949.
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---
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type: "LegalText"
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|
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description: "Definitions"
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kind: "code_section"
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title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "275"
|
||||
chapter_name: "PROPRIETARY CONTRACTOR DATA AND RIGHTS IN TECHNICAL DATA"
|
||||
section: "3775"
|
||||
citation: "10 U.S.C. § 3775"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
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source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
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confidence: "official"
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tags: ["legal", "us-code"]
|
||||
---
|
||||
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||||
# 10 U.S.C. § 3775 - Definitions
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## Text
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||||
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(a) Covered Government Support Contractor Defined.— In this subchapter, the term “covered Government support contractor” 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 Government’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—
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(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 subcontractor in furnishing end items or services of the type developed or produced on the program or effort; and
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(2) executes a contract with the Government agreeing to and acknowledging—
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(A) that proprietary or nonpublic technical data furnished will be accessed and used only for the purposes stated in that contract;
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(B) that the covered Government support contractor will enter into a non-disclosure agreement with the contractor to whom the rights to the technical data belong;
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(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 program or effort for the period of time in which the Government is restricted from disclosing the technical data outside of the Government;
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(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 subject the covered Government support contractor—
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(i) to criminal, civil, administrative, and contractual actions in law and equity for penalties, damages, and other appropriate remedies by the United States; and
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|
||||
(ii) to civil actions for damages and other appropriate remedies by the contractor 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 subchapter, 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.)
|
||||
|
||||
## Notes
|
||||
|
||||
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), Dec. 23, 2016, 130 Stat. 2267; Pub. L. 115–91, div. A, title VIII, § 835(c)(1), Dec. 12, 2017, 131 Stat. 1471; Pub. L. 116–283, div. A, title VIII, § 804(b)(2)(A)(ii), Jan. 1, 2021, 134 Stat. 3739.
|
||||
|
||||
Amendments2021—Subsec. (a). Pub. L. 116–283, § 1833(f)(1), (2)(A), redesignated subsec. (g) of section 2320 of this title as subsec. (a) of this section and substituted “In this subchapter,” for “In this section,” in introductory provisions. Subsec. (b). Pub. L. 116–283, § 1833(f), redesignated subsec. (h) of section 2320 of this title as subsec. (b) of this section and substituted “In this subchapter,” for “In this section,” and “section 4401” for “section 2446a”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection and amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title.
|
||||
@@ -0,0 +1,59 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 3781"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
||||
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|
||||
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||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 3781 - Technical data: contractor justification for restrictions; review of restrictions
|
||||
|
||||
## Text
|
||||
|
||||
(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) 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.
|
||||
|
||||
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1833(g), (h), Jan. 1, 2021, 134 Stat. 4231.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification The text of subsecs. (a), (b), and (c) of section 2321 of this title, which were transferred to this section and amended by Pub. L. 116–283, § 1833(h), was based on Pub. L. 100–26, § 7(a)(5)(A)(ii), Apr. 21, 1987, 101 Stat. 276.
|
||||
|
||||
Prior ProvisionsA prior section 3781, act Aug. 10, 1956, ch. 1041, 70A Stat. 218; Pub. L. 86–616, § 2(a), July 12, 1960, 74 Stat. 386, authorized Secretary of the Army to convene at any time a board of officers to review record of any commissioned officer on active list of Regular Army to determine whether he should be required, because of substandard performance of duty, to show cause for his retention on active list, prior to repeal by Pub. L. 96–513, title II, § 213, title VII, § 701, Dec. 12, 1980, 94 Stat. 2885, 2955, effective Sept. 15, 1981. See section 1181(a) of this title.
|
||||
|
||||
Amendments2021—Subsec. (a). Pub. L. 116–283, § 1833(h)(1), (2), transferred subsec. (a) of section 2321 of this title to this section and substituted “by Subchapter” for “by Section” in heading and “This subchapter” for “This section” in text. Subsec. (b). Pub. L. 116–283, § 1833(h)(1), (3), transferred subsec. (b) of section 2321 of this title to this section and substituted “this subchapter” for “this section” and “(as defined in section 3786 of this title) asserted” 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), substituted “this subchapter” for “this section”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection and amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title.
|
||||
@@ -0,0 +1,83 @@
|
||||
---
|
||||
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|
||||
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|
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
section: "3782"
|
||||
citation: "10 U.S.C. § 3782"
|
||||
status: "current"
|
||||
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|
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 3782 - Technical data: challenges to contractor restrictions
|
||||
|
||||
## Text
|
||||
|
||||
(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).
|
||||
|
||||
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1833(g), (i), Jan. 1, 2021, 134 Stat. 4231.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification The text of subsec. (d) of section 2321 of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1833(i), was based on Pub. L. 100–26, § 7(a)(5)(A)(ii), Apr. 21, 1987, 101 Stat. 276; Pub. L. 100–180, div. A, title XII, § 1231(6)(A), Dec. 4, 1987, 101 Stat. 1160; Pub. L. 103–35, title II, § 201(g)(4), May 31, 1993, 107 Stat. 100; Pub. L. 111–383, div. A, title VIII, § 824(c), Jan. 7, 2011, 124 Stat. 4269; Pub. L. 112–81, div. A, title VIII, § 815(b), Dec. 31, 2011, 125 Stat. 1492.
|
||||
|
||||
Prior ProvisionsA prior section 3782, act Aug. 10, 1956, ch. 1041, 70A Stat. 218; Pub. L. 86–616, § 2(a), July 12, 1960, 74 Stat. 387, provided for boards of inquiry, composed of three or more officers, to be convened at such places as Secretary of the Army prescribes, to receive evidence and make findings and recommendations whether an officer, required to show cause under section 3781 of this title, should be retained on active list of Regular Army, prior to repeal by Pub. L. 96–513, title II, § 213, title VII, § 701, Dec. 12, 1980, 94 Stat. 2885, 2955, effective Sept. 15, 1981. See section 1182 of this title.
|
||||
|
||||
Amendments2021—Pub. L. 116–283, § 1833(i)(1)(A), transferred subsec. (d) of section 2321 of this title to this section and struck out subsec. (d) designation and heading “Challenges to Restrictions” at beginning. Subsec. (a). Pub. L. 116–283, § 1833(i)(1)(B), (2), redesignated par. (1) of section 2321(d) of this title as subsec. (a) of this section, inserted heading, substituted “this subchapter” for “this section” in introductory provisions, and redesignated subpars. (A) and (B) as pars. (1) and (2), respectively. Subsec. (b). Pub. L. 116–283, § 1833(i)(1)(B), (3)(A), (B), redesignated par. (2) of section 2321(d) of this title as subsec. (b) of this section, inserted heading, and redesignated subpars. (A) and (B) as pars. (1) and (2), respectively, and realigned margins. Subsec. (b)(1). Pub. L. 116–283, § 1833(i)(3)(C), substituted “subsection (a)” for “paragraph (1)” and “paragraph (2)” for “subparagraph (B)” in introductory provisions and redesignated cls. (i) to (iv) as subpars. (A) to (D), respectively. Subsec. (b)(2). Pub. L. 116–283, § 1833(i)(3)(D), substituted “paragraph (1)” for “subparagraph (A)” in introductory provisions and redesignated cls. (i) and (ii) as subpars. (A) and (B), respectively. Subsec. (c). Pub. L. 116–283, § 1833(i)(1)(B), (4)(A)–(C), redesignated par. (3) of section 2321(d) of this title as subsec. (c) of this section, inserted heading, substituted “subsection (a)” for “paragraph (1)” in introductory provisions, and redesignated subpars. (A) to (C) as pars. (1) to (3), respectively. Subsec. (c)(3). Pub. L. 116–283, § 1833(i)(4)(D), substituted “subsection (d)” for “paragraph (4)”. Subsec. (d). Pub. L. 116–283, § 1833(i)(1)(B), (5)(A)–(C), redesignated par. (4) of section 2321(d) of this title as subsec. (d) of this section, inserted heading, substituted “subsection (a)” for “paragraph (1)” in introductory provisions, and redesignated subparagraphs (A) and (B) as pars. (1) and (2), respectively. Subsec. (d)(1). Pub. L. 116–283, § 1833(i)(5)(D), substituted “this section” for “this subsection”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection and amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title.
|
||||
@@ -0,0 +1,51 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
||||
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
section: "3783"
|
||||
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|
||||
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|
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|
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|
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|
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 3783 - Technical data: time for contractors to submit justifications
|
||||
|
||||
## Text
|
||||
|
||||
(a) Additional Time to Submit Justifications.— If a contractor or subcontractor asserting a use or release restriction submits to the contracting officer a written request, showing the need for additional time to comply with the requirement to justify the current validity of the asserted restriction, additional time to adequately permit the submission of such justification shall be provided by the contracting officer as appropriate.
|
||||
|
||||
(b) Multiple Challenges; Schedule of Responses.— If a party asserting a restriction receives notices of challenges to restrictions on technical data from more than one contracting officer, and notifies each contracting officer of the existence of more than one challenge, the contracting officer initiating the first in time challenge, after consultation with the party asserting the restriction and the other contracting officers, shall formulate a schedule of responses to each of the challenges that will afford the party asserting the restriction with an equitable opportunity to respond to each such challenge.
|
||||
|
||||
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1833(g), (j), Jan. 1, 2021, 134 Stat. 4231, 4232.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification The text of subsec. (e) of section 2321 of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1833(j), was based on Pub. L. 98–525, title XII, § 1216(a), Oct. 19, 1984, 98 Stat. 2597; Pub. L. 100–26, § 7(a)(5)(A)(i), (B), Apr. 21, 1987, 101 Stat. 276, 277.
|
||||
|
||||
Prior ProvisionsA prior section 3783, act Aug. 10, 1956, ch. 1041, 70A Stat. 218; Pub. L. 86–616, § 2(a), July 12, 1960, 74 Stat. 387, provided for boards of review, composed of three or more officers, to be convened by Secretary of the Army, at such places as he prescribes, to review records of cases of officers recommended by boards of inquiry for removal from active list of Regular Army, prior to repeal by Pub. L. 96–513, title II, § 213, title VII, § 701, Dec. 12, 1980, 94 Stat. 2885, 2955, effective Sept. 15, 1981.
|
||||
|
||||
Amendments2021—Pub. L. 116–283, § 1833(j), transferred subsec. (e) of section 2321 of this title to this section, struck out subsec. (e) designation and heading “Time for Contractors to Submit Justifications” at beginning, and designated first and second sentences of existing provisions as subsecs. (a) and (b), respectively, and inserted headings.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection and amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title.
|
||||
@@ -0,0 +1,49 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 3784 - Technical data under contracts for commercial items: presumption of development exclusively at private expense
|
||||
|
||||
## Text
|
||||
|
||||
In the case of a challenge to a use or release restriction that is asserted with respect to technical data of a contractor or subcontractor under a contract for commercial products, the contracting officer shall presume that the contractor or subcontractor has justified the restriction on the basis that the commercial product was developed exclusively at private expense, whether or not the contractor or subcontractor submits a justification in response to the notice provided pursuant to section 3782(c) of this title. In such a case, the challenge to the use or release restriction may be sustained only if information provided by the Department of Defense demonstrates that the commercial product was not developed exclusively at private expense.
|
||||
|
||||
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1833(g), (k), Jan. 1, 2021, 134 Stat. 4231, 4233.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification The text of subsec. (f) of section 2321 of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1833(k), was based on Pub. L. 103–355, title VIII, § 8106(b)(2), Oct. 13, 1994, 108 Stat. 3394; Pub. L. 109–364, div. A, title VIII, § 802(b), Oct. 17, 2006, 120 Stat. 2313; Pub. L. 110–181, div. A, title VIII, § 815(a)(2), Jan. 28, 2008, 122 Stat. 223; Pub. L. 113–291, div. A, title X, § 1071(a)(5), Dec. 19, 2014, 128 Stat. 3504; Pub. L. 114–92, div. A, title VIII, § 813(a), Nov. 25, 2015, 129 Stat. 891; Pub. L. 115–232, div. A, title VIII, §§ 836(c)(8), 865, Aug. 13, 2018, 132 Stat. 1866, 1901, as amended by Pub. L. 116–283, div. A, title X, § 1081(d)(4)(B)(ii), Jan. 1, 2021, 134 Stat. 3874; Pub. L. 117–81, div. A, title X, § 1081(a)(28), Dec. 27, 2021, 135 Stat. 1921.
|
||||
|
||||
Prior ProvisionsA prior section 3784, act Aug. 10, 1956, ch. 1041, 70A Stat. 219; Pub. L. 86–616, § 2(a), July 12, 1960, 74 Stat. 387, authorized Secretary of the Army to remove an officer from active list of Regular Army if his removal is recommended by a board of review and provided that decision of Secretary in such a case is final and conclusive, prior to repeal by Pub. L. 96–513, title II, § 213, title VII, § 701, Dec. 12, 1980, 94 Stat. 2885, 2955, effective Sept. 15, 1981. See section 1184 of this title.
|
||||
|
||||
Amendments2021—Pub. L. 116–283, § 1833(k), transferred subsec. (f) of section 2321 of this title to this section, struck out subsec. (f) designation and heading “Presumption of Development Exclusively at Private Expense” at beginning, and substituted “section 3782(c) of this title” for “subsection (d)(3)”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection and amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title.
|
||||
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|
||||
---
|
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type: "LegalText"
|
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|
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|
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|
||||
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|
||||
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|
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|
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|
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|
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 3785 - Technical data: decision by contracting officer; claims; rights and liability upon final disposition
|
||||
|
||||
## Text
|
||||
|
||||
(a) Decision by Contracting Officer.— (1) Upon failure by the contractor or subcontractor to submit any response under section 3782(c) of this title, the contracting officer shall issue a decision pertaining to the validity of the asserted restriction.
|
||||
|
||||
(2) After review of any justification submitted in response to the notice provided pursuant to section 3782(c) of this title, the contracting officer shall, within 60 days of receipt of any justification submitted, issue a decision or notify the party asserting the restriction of the time within which a decision will be issued.
|
||||
|
||||
(b) Claims.— If a claim pertaining to the validity of the asserted restriction is submitted in writing to a contracting officer by a contractor or subcontractor at any tier, such claim shall be considered a claim within the meaning of chapter 71 of title 41.
|
||||
|
||||
(c) Rights and Liability Upon Final Disposition.— (1) If, upon final disposition, the contracting officer’s challenge to the use or release restriction is sustained—
|
||||
|
||||
(A) the restriction shall be cancelled; and
|
||||
|
||||
(B) if the asserted restriction is found not to be substantially justified, the contractor or subcontractor asserting the restriction shall be liable to the United States for payment of the cost to the United States of reviewing the asserted restriction and the fees and other expenses (as defined in section 2412(d)(2)(A) of title 28) incurred by the United States in challenging the asserted restriction, unless special circumstances would make such payment unjust.
|
||||
|
||||
(2) If, upon final disposition, the contracting officer’s challenge to the use or release restriction is not sustained—
|
||||
|
||||
(A) the United States shall continue to be bound by the restriction; and
|
||||
|
||||
(B) the United States shall be liable for payment to the party asserting the restriction for fees and other expenses (as defined in section 2412(d)(2)(A) of title 28) incurred by the party asserting the restriction in defending the asserted restriction if the challenge by the United States is found not to be made in good faith.
|
||||
|
||||
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1833(g), (l), Jan. 1, 2021, 134 Stat. 4231, 4233.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification The text of subsec. (g) of section 2321 of this title, which was transferred to this section, redesignated as subsec. (a), and amended by Pub. L. 116–283, § 1833(l)(1), (2), was based on Pub. L. 98–525, title XII, § 1216(a), Oct. 19, 1984, 98 Stat. 2597; Pub. L. 100–26, § 7(a)(5)(A)(i), (C), Apr. 21, 1987, 101 Stat. 276, 277; Pub. L. 103–355, title VIII, § 8106(b)(1), Oct. 13, 1994, 108 Stat. 3393. The text of subsec. (h) of section 2321 of this title, which was transferred to this section, redesignated as subsec. (b), and amended by Pub. L. 116–283, § 1833(l)(1), was based on Pub. L. 98–525, title XII, § 1216(a), Oct. 19, 1984, 98 Stat. 2598; Pub. L. 100–26, § 7(a)(5)(A)(i), (D), Apr. 21, 1987, 101 Stat. 276, 277; Pub. L. 103–355, title VIII, § 8106(b)(1), Oct. 13, 1994, 108 Stat. 3393; Pub. L. 111–350, § 5(b)(18), Jan. 4, 2011, 124 Stat. 3844. The text of subsec. (i) of section 2321 of this title, which was transferred to this section, redesignated as subsec. (c), and amended by Pub. L. 116–283, § 1833(l)(1), (3), was based on Pub. L. 98–525, title XII, § 1216(a), Oct. 19, 1984, 98 Stat. 2598; Pub. L. 100–26, § 7(a)(5)(A)(i), (E), Apr. 21, 1987, 101 Stat. 276, 277; Pub. L. 103–355, title VIII, § 8106(b)(1), Oct. 13, 1994, 108 Stat. 3393; Pub. L. 115–232, div. A, title VIII, 866(a), Aug. 13, 2018, 132 Stat. 1901; Pub. L. 116–92, div. A, title VIII, § 808(b), Dec. 20, 2019, 133 Stat. 1486.
|
||||
|
||||
Prior ProvisionsA prior section 3785, act Aug. 10, 1956, ch. 1041, 70A Stat. 219; Pub. L. 86–616, § 2(a), July 12, 1960, 74 Stat. 387, provided that each officer under consideration for removal from active list of Regular Army under this chapter be given written notification, at least 30 days prior to a board of inquiry hearing, that he is being required to show cause for retention on active list, be allowed reasonable time to prepare a defense, be allowed to appear in person and by counsel at proceedings before a board of inquiry, and be allowed full access to, and furnished copies of, records relevant to his case at all stages of proceeding, prior to repeal by Pub. L. 96–513, title II, § 213, title VII, § 701, Dec. 12, 1980, 94 Stat. 2885, 2955, effective Sept. 15, 1981. See section 1185 of this title.
|
||||
|
||||
Amendments2021—Subsec. (a). Pub. L. 116–283, § 1833(l)(1), (2), redesignated subsec. (g) of section 2321 of this title as subsec. (a) of this section, substituted “section 3782(c) of this title” for “subsection (d)(3)” in two places, and realigned margins of pars. (1) and (2). Amendment directing substitution of “(1) Upon failure” for “(1) Upon failure” as part of margin realignment was executed by substituting “(1) Upon failure” for “(1) Upon a failure” to reflect the probable intent of Congress. Subsec. (b). Pub. L. 116–283, § 1833(l)(1), redesignated subsec. (h) of section 2321 of this title as subsec. (b) of this section. Subsec. (c). Pub. L. 116–283, § 1833(l)(3), which directed amendment of subsec. (c) of section 3786 of this title by realigning the margins of pars. (1) and (2), was executed to subsec. (c) of this section to reflect the probable intent of Congress. Pub. L. 116–283, § 1833(l)(1), redesignated subsec. (i) of section 2321 of this title as subsec. (c) of this section.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection and amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title.
|
||||
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|
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|
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|
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 3786 - Use or release restriction: definition
|
||||
|
||||
## Text
|
||||
|
||||
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.
|
||||
|
||||
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1833(g), (m), Jan. 1, 2021, 134 Stat. 4231, 4233.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification The text of subsec. (j) of section 2321 of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1833(m), was based on Pub. L. 100–26, § 7(a)(5), Apr. 21, 1987, 101 Stat. 277; Pub. L. 100–180, div. A, title XII, § 1231(6), Dec. 4, 1987, 101 Stat. 1160; Pub. L. 103–355, title VIII, § 8106(b)(1), Oct. 13, 1994, 108 Stat. 3393.
|
||||
|
||||
Prior ProvisionsPrior sections 3786 and 3787 were repealed by Pub. L. 96–513, title II, § 213, title VII, § 701, Dec. 12, 1980, 94 Stat. 2885, 2955, effective Sept. 15, 1981. Section 3786, acts Aug. 10, 1956, ch. 1041, 70A Stat. 219; July 12, 1960, Pub. L. 86–616, § 2(a), 74 Stat. 387, authorized Secretary of the Army, at any time during proceedings under this chapter and before removal of an officer from active list of Regular Army, to grant that officer’s request for voluntary retirement, if he is otherwise qualified therefor, or for honorable discharge with severance benefits. See section 1186 of this title. Section 3787, added Pub. L. 86–616, § 2(a), July 12, 1960, 74 Stat. 388, provided that no officer serve on a board under this chapter unless he holds a regular or temporary grade above lieutenant colonel, and is senior in regular grade to, and outranks, any officer considered by board and that no person be a member of more than one board convened under this chapter for same officer. See section 1187 of this title.
|
||||
|
||||
Amendments2021—Pub. L. 116–283, § 1833(m), transferred subsec. (j) of section 2321 of this title to this section, struck out subsec. (j) designation and heading “Use or Release Restriction Defined” at beginning, and substituted “In this subchapter” for “In this section” in introductory provisions.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DateSection and amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title.
|
||||
@@ -0,0 +1,91 @@
|
||||
---
|
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|
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|
||||
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|
||||
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|
||||
chapter_name: "PROPRIETARY CONTRACTOR DATA AND RIGHTS IN TECHNICAL DATA"
|
||||
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|
||||
citation: "10 U.S.C. § 3791"
|
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|
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|
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 3791 - Management of intellectual property matters within the Department of Defense
|
||||
|
||||
## Text
|
||||
|
||||
(a) Policy Required.— The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall develop policy on the acquisition or licensing of intellectual property—
|
||||
|
||||
(1) to enable coordination and consistency across the military departments and the Department of Defense in strategies for acquiring or licensing intellectual property and communicating with industry;
|
||||
|
||||
(2) to ensure that program managers are aware of the rights afforded the Federal Government and contractors in intellectual property and that program managers fully consider and use all available techniques and best practices for acquiring or licensing intellectual property early in the acquisition process; and
|
||||
|
||||
(3) to encourage customized intellectual property strategies for each system based on, at a minimum, the unique characteristics of the system and its components, the product support strategy for the system, the organic industrial base strategy of the military department concerned, and the commercial market.
|
||||
|
||||
(b) Cadre of Intellectual Property Experts.— For a provision requiring establishment of a cadre of personnel who are experts in intellectual property matters, see section 1707 of this title.
|
||||
|
||||
(c) Guidelines and Resources.— (1) In general.— The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall develop guidelines and resources on the acquisition or licensing of intellectual property, including—
|
||||
|
||||
(A) intellectual property strategies and other mechanisms supporting the use of modular open system approaches (as defined in section 4401(b) of this title);
|
||||
|
||||
(B) evaluation and negotiation of intellectual property licenses in competitive and non-competitive awards;
|
||||
|
||||
(C) models and best practices for specially negotiated licenses, including specially negotiated licenses described in section 3774(c) of this title; and
|
||||
|
||||
(D) definitions, key terms, examples, and case studies that clarify differences between—
|
||||
|
||||
(i) detailed manufacturing and process data;
|
||||
|
||||
(ii) form, fit, and function data;
|
||||
|
||||
(iii) data required for operations, maintenance, installation, and training;
|
||||
|
||||
(iv) modular system interfaces (as defined in section 4401(b) of this title); and
|
||||
|
||||
(v) technical data pertaining to an interface between an item or process and other items or processes necessary for the segregation of an item or process from, or the reintegration of that item or process (or a functionally equivalent item or process) with, other items or processes.
|
||||
|
||||
(2) Guidelines and resources limit.— The guidelines and resources developed under paragraph (1) may not alter or affect any authority or duty under this section or section 1707 of this title.
|
||||
|
||||
(3) Review and consultation.— In developing the guidelines and resources described in paragraph (1), the Secretary shall—
|
||||
|
||||
(A) review the applicable statutory and regulatory history, including among the definitions and key terms in section 3771 of this title, to ensure consistency; and
|
||||
|
||||
(B) regularly consult with appropriate government and industry persons and organizations.
|
||||
|
||||
(4) Training.— The Secretary of Defense shall ensure that the acquisition workforce receives training on the guidelines and resources developed under paragraph (1).
|
||||
|
||||
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1833(n), (o)(1), Jan. 1, 2021, 134 Stat. 4234; Pub. L. 117–81, div. A, title XVII, § 1701(b)(12)(A), Dec. 27, 2021, 135 Stat. 2134; Pub. L. 117–263, div. A, title VIII, § 841, Dec. 23, 2022, 136 Stat. 2716.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification The text of subsec. (a) of section 2322 of this title, which was transferred to this section by Pub. L. 116–283, § 1833(o)(1), was based on Pub. L. 115–91, div. A, title VIII, § 802(a)(1), Dec. 12, 2017, 131 Stat. 1450.
|
||||
|
||||
Prior ProvisionsPrior sections 3791 and 3792 were repealed by Pub. L. 96–513, title II, § 213, title VII, § 701, Dec. 12, 1980, 94 Stat. 2885, 2955, effective Sept. 15, 1981. Section 3791, added Pub. L. 86–616, § 3(a), July 12, 1960, 74 Stat. 388, authorized Secretary of the Army to convene at any time a board of general officers to review record of any commissioned officer on active list of Regular Army to determine whether he should be required, because of moral dereliction, professional dereliction, or because his retention is not clearly consistent with interests of national security, to show cause for his retention on active list. See section 1181(b) of this title. Section 3792, added Pub. L. 86–616, § 3(a), July 12, 1960, 74 Stat. 388, provided for boards of inquiry, composed of three or more general officers, to be convened at such places as Secretary of the Army prescribes, to receive evidence and make findings and recommendations whether an officer, required to show cause under section 3791 of this title, should be retained on active list of Regular Army. See section 1182 of this title.
|
||||
|
||||
Amendments2022—Pub. L. 117–263, § 841(1), substituted “Department of Defense” for “department of defense” in section catchline. Subsec. (c). Pub. L. 117–263, § 841(2), added subsec. (c). 2021—Pub. L. 117–81, § 1701(b)(12)(A), which directed amendment of section 1833(n) of Pub. L. 116–283, which enacted this section, by substituting “DEPARTMENT OF DEFENSE” for “DEPARTMENT OF DEFENSE” in text of section catchline, could not be executed. Subsec. (a). Pub. L. 116–283, § 1833(o)(1), transferred subsec. (a) of section 2322 of this title to this section.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2021 AmendmentAmendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and Effective Date note below.
|
||||
|
||||
Effective DateSection and amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title.
|
||||
|
||||
Pilot Program for the Use of Innovative Intellectual Property StrategiesPub. L. 118–31, div. A, title VIII, § 808, Dec. 22, 2023, 137 Stat. 319, provided that: “(a) Establishment.—The Secretary of Defense shall establish a pilot program for the use of innovative intellectual property strategies that meet the criteria described in subsection (b) to acquire the necessary technical data rights required for the operation, maintenance, and installation of, and training for, covered programs designated under subsection (c). “(b) Criteria for Strategies.—The innovative intellectual property strategies used in a pilot program established under this section may include the following:“(1) The use of an escrow account to verify and hold intellectual property data. “(2) The use of royalties or licenses. “(3) Other strategies, as determined by the Secretary. “(c) Designation of Covered Programs.—Not later than May 1, 2024, and with respect to the pilot program established under this section—“(1) the Secretary of each military department shall designate one covered program within the military department under the jurisdiction of such Secretary; and “(2) the Under Secretary of Defense for Acquisition and Sustainment shall designate one covered program within the Defense Agencies or Department of Defense Field Activities (as defined, respectively, in section 101 of title 10, United States Code). “(d) Briefing Requirement.—Not later than 180 days after the date of the enactment of this Act [Dec. 22, 2023], the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Secretaries of the military departments, shall provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives with a detailed plan to implement the pilot program required under this section. “(e) Annual Report.—Beginning on the date on which the first program is designated under subsection (c) and until the termination date in subsection (f), the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Secretaries of the military departments, shall provide an annual report to the Committees on Armed Services of the Senate and the House of Representatives on—“(1) the effectiveness of the pilot program in acquiring the necessary technical data rights necessary to support timely, cost-effective maintenance and sustainment of the acquisition programs designated under subsection (c); and “(2) any recommendations for the applicability of lessons learned from the pilot program. “(f) Termination.—The authority to carry out the pilot program established under this section shall terminate on December 31, 2028. “(g) Definitions.—In this section:“(1) The term ‘covered program’ means an acquisition program under which procurements are conducted using a pathway of the adaptive acquisition framework (as described in Department of Defense Instruction 5000.02, ‘Operation of the Adaptive Acquisition Framework’). “(2) The term ‘technical data rights’ has the meaning given in section 3771 of title 10, United States Code.”
|
||||
@@ -0,0 +1,57 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 3793"
|
||||
description: "Copyrights, patents, designs, etc.; acquisition"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "275"
|
||||
chapter_name: "PROPRIETARY CONTRACTOR DATA AND RIGHTS IN TECHNICAL DATA"
|
||||
section: "3793"
|
||||
citation: "10 U.S.C. § 3793"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s3793"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "b0e6d368cf8c8ff08d1236fd843eadd2919ef742a5704d8eafec79019f43f53e"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "1d879374194b864eccef2c0ad29af0314543cf0de44e65b1416b359ac2379046"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 3793 - Copyrights, patents, designs, etc.; acquisition
|
||||
|
||||
## Text
|
||||
|
||||
Funds appropriated for a military department available for making or procuring supplies may be used to acquire any of the following if the acquisition relates to supplies or processes produced or used by or for, or useful to, that department:
|
||||
|
||||
(1) Copyrights, patents, and applications for patents.
|
||||
|
||||
(2) Licenses under copyrights, patents, and applications for patents.
|
||||
|
||||
(3) Design and process data, technical data, and computer software.
|
||||
|
||||
(4) Releases for past infringement of patents or copyrights or for unauthorized use of technical data or computer software.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 137, § 2386; Pub. L. 86–726, § 3, Sept. 8, 1960, 74 Stat. 855; Pub. L. 103–355, title III, § 3063, Oct. 13, 1994, 108 Stat. 3337; Pub. L. 104–106, div. A, title VIII, § 813, Feb. 10, 1996, 110 Stat. 395; renumbered § 3793, Pub. L. 116–283, div. A, title XVIII, § 1833(o)(2), Jan. 1, 2021, 134 Stat. 4234; Pub. L. 117–81, div. A, title XVII, § 1701(b)(12)(B), Dec. 27, 2021, 135 Stat. 2134.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 238631:649b.Aug. 1, 1953, ch. 305, § 609, 67 Stat. 350. The words “equipment, and materials” are omitted as covered by the word “supplies”. The word “hereafter” is omitted as executed. The words “may be used” are substituted for the words “shall * * * be available”. The words “if the acquisition relates to” are substituted for 31:649b (1st 8 words of last sentence). In clauses (1), (2), and (4), the word “patents” is substituted for the words “letters patent”.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 3793, added Pub. L. 86–616, § 3(a), July 12, 1960, 74 Stat. 389, provided for boards of review, composed of three or more general officers, to be convened by Secretary of the Army, at such places as he prescribes, to review records of cases of officers recommended by boards of inquiry for removal from active list of Regular Army, prior to repeal by Pub. L. 96–513, title II, § 213, title VII, § 701, Dec. 12, 1980, 94 Stat. 2885, 2955, effective Sept. 15, 1981.
|
||||
|
||||
Amendments2021—Pub. L. 116–283, § 1833(o)(2), as amended by Pub. L. 117–81, § 1701(b)(12)(B), renumbered section 2386 of this title as this section. 1996—Par. (3). Pub. L. 104–106 amended par. (3) generally, substituting “Design and process data, technical data, and computer software” for “Technical data and computer software”. 1994—Pars. (3), (4). Pub. L. 103–355 added pars. (3) and (4) and struck out former pars. (3) and (4) which read as follows: “(3) Designs, processes, and manufacturing data. “(4) Releases, before suit is brought, for past infringement of patents or copyrights.” 1960—Pub. L. 86–726 inserted “or copyrights” after “patents” in cl. (4).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2021 AmendmentAmendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
|
||||
@@ -0,0 +1,69 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 3794"
|
||||
description: "Release of technical data under Freedom of Information Act: recovery of costs"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "275"
|
||||
chapter_name: "PROPRIETARY CONTRACTOR DATA AND RIGHTS IN TECHNICAL DATA"
|
||||
section: "3794"
|
||||
citation: "10 U.S.C. § 3794"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s3794"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "1e4f2cbce60663e9ac035e5ae159a7ac9c47e3a9e4bf7df72be43aa99674d15d"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "1bbfbc03b4502ccfa3cfb5284583fdbc18833e3be3dc170fe404ce4ccc187539"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 3794 - Release of technical data under Freedom of Information Act: recovery of costs
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— (1) The Secretary of Defense shall, if required to release technical data under section 552 of title 5 (relating to the Freedom of Information Act), release such technical data to the person requesting the release if the person pays all reasonable costs attributable to search, duplication, and review.
|
||||
|
||||
(2) The Secretary of Defense shall prescribe regulations, pursuant to notice and receipt of public comment, specifying a uniform schedule of fees under this section.
|
||||
|
||||
(b) Crediting of Receipts.— An amount received under this section—
|
||||
|
||||
(1) shall be retained by the Department of Defense or the element of the Department of Defense receiving the amount; and
|
||||
|
||||
(2) shall be merged with and available for the same purpose and the same time period as the appropriation from which the costs incurred in complying with requests for technical data were paid.
|
||||
|
||||
(c) Waiver.— The Secretary of Defense shall waive the payment of costs required by subsection (a) which are in an amount greater than the costs that would be required for such a release of information under section 552 of title 5 if—
|
||||
|
||||
(1) the request is made by a citizen of the United States or a United States corporation, and such citizen or corporation certifies that the technical data requested is required to enable such citizen or corporation to submit an offer or determine whether it is capable of submitting an offer to provide the product to which the technical data relates to the United States or a contractor with the United States (except that the Secretary may require the citizen or corporation to pay a deposit in an amount equal to not more than the cost of complying with the request, to be refunded upon submission of an offer by the citizen or corporation);
|
||||
|
||||
(2) the release of technical data is requested in order to comply with the terms of an international agreement; or
|
||||
|
||||
(3) the Secretary determines, in accordance with section 552(a)(4)(A)(iii) of title 5, that such a waiver is in the interests of the United States.
|
||||
|
||||
(Added Pub. L. 99–500, § 101(c) [title X, § 954(a)(1)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–172, and Pub. L. 99–591, § 101(c) [title X, § 954(a)(1)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–172, § 2328; Pub. L. 99–661, div. A, title IX, formerly title IV, § 954(a)(1), Nov. 14, 1986, 100 Stat. 3952, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273; amended Pub. L. 100–26, § 7(a)(7)(A), (B)(i), Apr. 21, 1987, 101 Stat. 278; renumbered § 3794, Pub. L. 116–283, div. A, title XVIII, § 1833(o)(2), Jan. 1, 2021, 134 Stat. 4234; Pub. L. 117–81, div. A, title XVII, § 1701(b)(12)(B), Dec. 27, 2021, 135 Stat. 2134.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification Pub. L. 99–591 is a corrected version of Pub. L. 99–500. Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661 added identical sections.
|
||||
|
||||
Prior ProvisionsPrior sections 3794 to 3797 were repealed by Pub. L. 96–513, title II, § 213, title VII, § 701, Dec. 12, 1980, 94 Stat. 2885, 2955, effective Sept. 15, 1981. Section 3794, added Pub. L. 86–616, § 3(a), July 12, 1960, 74 Stat. 389, authorized Secretary of the Army to remove an officer from active list of Regular Army if his removal is recommended by a board of review and provided that decision of Secretary in such a case is final and conclusive. See section 1184 of this title. Section 3795, added Pub. L. 86–616, § 3(a), July 12, 1960, 74 Stat. 389, provided that each officer under consideration for removal from active list of Regular Army under this chapter be given written notification, at least 30 days prior to a board of inquiry hearing, that he is being required to show cause for retention on active list, be allowed reasonable time to prepare a defense, be allowed to appear in person and by counsel at proceedings before board of inquiry, and be allowed full access to, and furnished copies of, records relevant to his case at all stages of proceedings, except records that Secretary determines be withheld in interests of national security, in which case, a summary, to extent national security permits, be furnished. See section 1185 of this title. Section 3796, added Pub. L. 86–616, § 3(a), July 12, 1960, 74 Stat. 389, authorized Secretary of the Army, at any time during proceedings under this chapter and before removal of an officer from active list of Regular Army, to grant that officer’s request for voluntary retirement, if he is otherwise qualified therefor, or for honorable discharge with severance benefits. See section 1186 of this title. Section 3797, added Pub. L. 86–616, § 3(a), July 12, 1960, 74 Stat. 390, provided that no officer serve on a board under this chapter unless he holds a regular or temporary grade above lieutenant colonel, and is senior in regular grade to, and outranks, any officer considered by that board and that no person be a member of more than one board convened under this chapter for same officer. See section 1187 of this title.
|
||||
|
||||
Amendments2021—Pub. L. 116–283, § 1833(o)(2), as amended by Pub. L. 117–81, § 1701(b)(12)(B), renumbered section 2328 of this title as this section. 1987—Pub. L. 100–26, § 7(a)(7)(B)(i), substituted “Release of technical data under Freedom of Information Act: recovery of costs” for “Release of technical data” in section catchline. Subsec. (a)(1). Pub. L. 100–26, § 7(a)(7)(A)(i)(I), substituted “such technical data to the person requesting the” for “technical data to a person requesting such a”. Pub. L. 100–26, § 7(a)(7)(A)(i)(II), substituted “search, duplication, and review” for “search and duplication”. Subsec. (b). Pub. L. 100–26, § 7(a)(7)(A)(ii), substituted “Crediting of receipts” for “Disposition of costs” in heading. Subsec. (c)(3). Pub. L. 100–26, § 7(a)(7)(A)(iii), substituted “section 552(a)(4)(A)(iii)” for “section 552(a)(4)(A)”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2021 AmendmentAmendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and Effective Date note below. Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
|
||||
|
||||
Effective Date of 1987 AmendmentPub. L. 100–26, § 12(d)(2), Apr. 21, 1987, 101 Stat. 289, provided that: “The amendment to section 2328 of such title [now 10 U.S.C. 3794] made by section 7(a)(7)(A)(i)(II) shall take effect on the same date and in the same manner as provided in section 1804(b) of Public Law 99–570 [set out as an Effective Date of 1986 Amendment note under section 552 of Title 5, Government Organization and Employees] for the amendment made by section 1803 of that Public Law to section 552a of title 5, United States Code [probably means amendment by section 1803 of Pub. L. 99–570 to section 552(a) of Title 5].”
|
||||
|
||||
Effective DatePub. L. 99–500, § 101(c) [title X, § 954(b)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–173, Pub. L. 99–591, § 101(c) [title X, § 954(b)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–173, and Pub. L. 99–661, div. A, title IX, formerly title IV, § 954(b), Nov. 14, 1986, 100 Stat. 3953, renumbered title IX by Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273, provided that: “The amendments made by this section [enacting this section] shall take effect at the end of the 90-day period beginning on the date of the enactment of this Act [Oct. 18, 1986].”
|
||||
Reference in New Issue
Block a user