US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 3781

Technical data: contractor justification for restrictions; review of restrictions

(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 .—

section 3786 of this titleA 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 ) 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.

Pub. L. 116–283, div. A, title XVIII, § 1833(g)134 Stat. 4231(Added and amended , (h), , .)

Editorial Notes

Codification

section 2321 of this titlePub. L. 116–283, § 1833(h)Pub. L. 100–26, § 7(a)(5)(A)(ii)101 Stat. 276The text of subsecs. (a), (b), and (c) of , which were transferred to this section and amended by , was based on , , .

Prior Provisions

act Aug. 10, 1956, ch. 104170A Stat. 218Pub. L. 86–616, § 2(a)74 Stat. 386Pub. L. 96–513, title II, § 21394 Stat. 2885section 1181(a) of this titleA prior section 3781, , ; , , , 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 , title VII, § 701, , , 2955, effective . See .

Amendments

Pub. L. 116–283, § 1833(h)(1)section 2321 of this title2021—Subsec. (a). , (2), transferred subsec. (a) of to this section and substituted “by Subchapter” for “by Section” in heading and “This subchapter” for “This section” in text.

Pub. L. 116–283, § 1833(h)(1)section 2321 of this titlesection 3786 of this titleSubsec. (b). , (3), transferred subsec. (b) of to this section and substituted “this subchapter” for “this section” and “(as defined in ) asserted” for “(as defined in subsection (i)) asserted”.

Pub. L. 116–283, § 1833(h)(1)section 2321 of this titleSubsec. (c). , (4)(A), (C), transferred subsec. (c) of to this section and realigned margins of pars. (1) and (2).

Pub. L. 116–283, § 1833(h)(4)(B)Subsec. (c)(1). , substituted “this subchapter” for “this section”.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 116–283section 1801(d) of Pub. L. 116–283section 3001 of this titleSection and amendment by effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as an Effective Date of 2021 Amendment note preceding .