Title 10 — Armed ForcesRelease 119-73not60
§3782 Technical Data: Challenges to Contractor Restrictions
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 II— VALIDATION OF PROPRIETARY DATA RESTRICTIONS › § 3782
Summary
The Secretary of Defense can challenge a contractor’s claim that the government must follow limits on using or sharing technical data if there are reasonable doubts about the claim and keeping the limit would make it hard to buy the item competitively later. The government generally must start a challenge within six years after the later of final payment or delivery. After six years, a challenge is allowed only if the data are public, were given to the United States without limits, were otherwise made available without limits, or the restriction was fraudulently claimed. When the Secretary challenges a restriction, the contractor must get a written notice that explains the reasons, gives 60 days to respond, and says the contractor may submit evidence. One valid kind of evidence is if, in the three years before the challenge, the Department of Defense had already approved the exact same restriction after a prior challenge and that restriction was claimed by the same contractor, subcontractor, or their licensee.
Full Legal Text
Title 10, §3782
Armed Forces — Source: USLM XML via OLRC
(a)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)(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)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)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).
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
Apr 3, 2026
Release point: 119-73not60