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Title 10 — Armed ForcesRelease 119-73

§3774 Major weapon systems and subsystems: long-term technical data needs

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART V— - ACQUISITION › Subpart Subpart D— - General Contracting Provisions › Chapter CHAPTER 275— - PROPRIETARY CONTRACTOR DATA AND RIGHTS IN TECHNICAL DATA › Subchapter SUBCHAPTER I— - RIGHTS IN TECHNICAL DATA › § 3774

Last updated Apr 6, 2026|Official source

Summary

The Secretary of Defense must require program managers of major weapon systems and their subsystems to figure out what technical data will be needed over the long term and to create buying plans that secure the rights to that data so the systems can be supported for their whole life. Those plans can include building maintenance skills inside the Department of Defense or holding competitive contracts for sustainment. Those assessments and plans must be done before a contract solicitation is issued. They must consider adding a priced option to buy technical data later, plan for changes in sustainment over the system’s life, and apply whether sustainment uses performance-based logistics or other methods. The Secretary should, when practical, negotiate special licenses for technical data, and program managers must consider using those licenses.

Full Legal Text

Title 10, §3774

Armed Forces — Source: USLM XML via OLRC

(a)(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)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)(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

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.

Amendments

2021—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)”.

Statutory Notes and Related Subsidiaries

Effective Date

Section 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.

Regulations

Pub. 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.” Guidance Relating to Rights in Technical Data Pub. 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.

Reference

Citations & Metadata

Citation

10 U.S.C. § 3774

Title 10 — Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73