Title 10 — Armed ForcesRelease 119-73not60
§3774 Major Weapon Systems and Subsystems: Long-term Technical Data Needs
Title 10 › Subtitle Subtitle A— General Military Law › Part V— ACQUISITION › Subpart D— General Contracting Provisions › Chapter 275— PROPRIETARY CONTRACTOR DATA AND RIGHTS IN TECHNICAL DATA › Subchapter I— RIGHTS IN TECHNICAL DATA › § 3774
Summary
The Secretary of Defense must make program managers for major weapon systems and subsystems do two things: figure out what long-term technical data the system will need, and create acquisition plans that make sure the Department has the rights to that data so the system can be supported over its life. Those plans can include building maintenance skills inside the Department or using competition for sustainment contracts. Those assessments and plans must be completed before a contract solicitation is issued. They must consider adding a priced option to buy technical data later, how sustainment may change over the system’s life, and they apply whether sustainment is done with performance-based logistics or other approaches. The Secretary should, when possible, negotiate specially negotiated licenses for technical data, and program managers must consider using those licenses when making their plans.
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, provided that: “Not later than 180 days after the date of the enactment of this Act [Jan. 7, 2011], the Secretary of Defense shall review guidance issued by the military departments on the implementation of section 2320(e) of title 10, United States Code [see 10 U.S.C. 3774(a), (b)], to ensure that such guidance is consistent with the guidance issued by the Under Secretary of Defense for Acquisition, Technology, and Logistics and the requirements of this section [amending former section 2320 and 2321 of this title]. Such guidance shall be designed to ensure that the United States— “(1) preserves the option of competition for contracts for the production and sustainment of systems or subsystems that are developed exclusively with Federal funds as defined in accordance with the
Amendments
made by this section; and “(2) is not required to pay more than once for the same technical data.”
Reference
Citations & Metadata
Citation
10 U.S.C. § 3774
Title 10 — Armed Forces
Last Updated
Apr 3, 2026
Release point: 119-73not60