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Title 10, Armed ForcesRelease 119-110

§3782 Technical Data: Challenges to Contractor 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 › § 3782

Last updated Sep 22, 2026|Official source

Summary

The Secretary of Defense can challenge a contractor’s claimed restriction on using or sharing technical data if the Secretary thinks there are reasonable reasons to doubt the restriction’s current validity and if keeping the restriction would make it impractical to buy the item competitively later. Such a challenge generally must be brought within a six-year period that starts on the later of the date of final payment on the contract or the date the technical data were delivered. A challenge after six years is allowed only if the data are publicly available, were given to the United States without restriction, were otherwise made available without restriction, or the restriction was fraudulently claimed. If the Secretary challenges a restriction, the contractor or subcontractor must get a written notice. The notice must explain the reasons for the challenge, give the contractor 60 days to respond, and say that evidence may be submitted. One acceptable defense is if, within the three years before the challenge, the Department of Defense validated an identical restriction after a prior challenge and the same contractor, subcontractor, or their licensee asserted that validated restriction.

Full Legal Text

Title 10, §3782

Armed Forces, Source: USLM XML via OLRC

(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.— (d) Justification.—
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.

Legislative History

Notes & Related Subsidiaries

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 Provisions

A 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.

Amendments

2021—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 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. § 3782

Title 10, Armed Forces

Last Updated

Sep 22, 2026

Release point: 119-110