US Code

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

10 U.S.C. § 3782

Technical data: challenges to contractor restrictions

(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 .—

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)

Justification .—

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).

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

Editorial Notes

Codification

section 2321 of this titlePub. L. 116–283, § 1833(i)Pub. L. 100–26, § 7(a)(5)(A)(ii)101 Stat. 276Pub. L. 100–180, div. A, title XII, § 1231(6)(A)101 Stat. 1160Pub. L. 103–35, title II, § 201(g)(4)107 Stat. 100Pub. L. 111–383, div. A, title VIII, § 824(c)124 Stat. 4269Pub. L. 112–81, div. A, title VIII, § 815(b)125 Stat. 1492The text of subsec. (d) of , which was 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. 387section 3781 of this titlePub. L. 96–513, title II, § 21394 Stat. 2885section 1182 of this titleA prior section 3782, , ; , , , 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 , should be retained on active list of Regular Army, prior to repeal by , title VII, § 701, , , 2955, effective . See .

Amendments

Pub. L. 116–283, § 1833(i)(1)(A)section 2321 of this title2021—, transferred subsec. (d) of to this section and struck out subsec. (d) designation and heading “Challenges to Restrictions” at beginning.

Pub. L. 116–283, § 1833(i)(1)(B)section 2321(d) of this titleSubsec. (a). , (2), redesignated par. (1) of 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.

Pub. L. 116–283, § 1833(i)(1)(B)section 2321(d) of this titleSubsec. (b). , (3)(A), (B), redesignated par. (2) of as subsec. (b) of this section, inserted heading, and redesignated subpars. (A) and (B) as pars. (1) and (2), respectively, and realigned margins.

Pub. L. 116–283, § 1833(i)(3)(C)Subsec. (b)(1). , 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.

Pub. L. 116–283, § 1833(i)(3)(D)Subsec. (b)(2). , substituted “paragraph (1)” for “subparagraph (A)” in introductory provisions and redesignated cls. (i) and (ii) as subpars. (A) and (B), respectively.

Pub. L. 116–283, § 1833(i)(1)(B)section 2321(d) of this titleSubsec. (c). , (4)(A)–(C), redesignated par. (3) of 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.

Pub. L. 116–283, § 1833(i)(4)(D)Subsec. (c)(3). , substituted “subsection (d)” for “paragraph (4)”.

Pub. L. 116–283, § 1833(i)(1)(B)section 2321(d) of this titleSubsec. (d). , (5)(A)–(C), redesignated par. (4) of 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.

Pub. L. 116–283, § 1833(i)(5)(D)Subsec. (d)(1). , substituted “this section” for “this subsection”.

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 .