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Title 10, Armed ForcesRelease 119-110

§3781 Technical Data: Contractor Justification for Restrictions; Review of Restrictions

Title 10 › Subtitle A — General Military Law › PART V — ACQUISITION › Subpart D — General Contracting Provisions › CHAPTER 275 — PROPRIETARY CONTRACTOR DATA AND RIGHTS IN TECHNICAL DATA › SUBCHAPTER II — VALIDATION OF PROPRIETARY DATA RESTRICTIONS › § 3781

Last updated Sep 22, 2026|Official source

Summary

DoD contracts for supplies or services that require delivering technical data must say that the contractor and any subcontractor at any level must be ready to give the contracting officer a written explanation for any limit they put on how that technical data can be used or shared. The Secretary of Defense must make sure there is a careful review of whether any such limit is appropriate. That review must be completed before the end of the three-year period that starts on the later of the date final payment is made on the contract or the date the technical data is delivered.

Full Legal Text

Title 10, §3781

Armed Forces, Source: USLM XML via OLRC

(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.

Legislative History

Notes & Related Subsidiaries

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 Provisions

A 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.

Amendments

2021—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 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.

Reference

Citations & Metadata

Citation

10 U.S.C. § 3781

Title 10, Armed Forces

Last Updated

Sep 22, 2026

Release point: 119-110