section 3782(c) of this titleIn the case of a challenge to a use or release restriction that is asserted with respect to technical data of a contractor or subcontractor under a contract for commercial products, the contracting officer shall presume that the contractor or subcontractor has justified the restriction on the basis that the commercial product was developed exclusively at private expense, whether or not the contractor or subcontractor submits a justification in response to the notice provided pursuant to . In such a case, the challenge to the use or release restriction may be sustained only if information provided by the Department of Defense demonstrates that the commercial product was not developed exclusively at private expense.
Pub. L. 116–283, div. A, title XVIII, § 1833(g)134 Stat. 4231(Added and amended , (k), , , 4233.)
Editorial Notes
Codification
section 2321 of this titlePub. L. 116–283, § 1833(k)Pub. L. 103–355, title VIII, § 8106(b)(2)108 Stat. 3394Pub. L. 109–364, div. A, title VIII, § 802(b)120 Stat. 2313Pub. L. 110–181, div. A, title VIII, § 815(a)(2)122 Stat. 223Pub. L. 113–291, div. A, title X, § 1071(a)(5)128 Stat. 3504Pub. L. 114–92, div. A, title VIII, § 813(a)129 Stat. 891Pub. L. 115–232, div. A, title VIII132 Stat. 1866Pub. L. 116–283, div. A, title X, § 1081(d)(4)(B)(ii)134 Stat. 3874Pub. L. 117–81, div. A, title X, § 1081(a)(28)135 Stat. 1921The text of subsec. (f) of , which was transferred to this section and amended by , was based on , , ; , , ; , , ; , , ; , , ; , §§ 836(c)(8), 865, , , 1901, as amended by , , ; , , .
Prior Provisions
act Aug. 10, 1956, ch. 104170A Stat. 219Pub. L. 86–616, § 2(a)74 Stat. 387Pub. L. 96–513, title II, § 21394 Stat. 2885section 1184 of this titleA prior section 3784, , ; , , , authorized Secretary of the Army to remove an officer from active list of Regular Army if his removal is recommended by a board of review and provided that decision of Secretary in such a case is final and conclusive, prior to repeal by , title VII, § 701, , , 2955, effective . See .
Amendments
Pub. L. 116–283, § 1833(k)section 2321 of this titlesection 3782(c) of this title2021—, transferred subsec. (f) of to this section, struck out subsec. (f) designation and heading “Presumption of Development Exclusively at Private Expense” at beginning, and substituted “” for “subsection (d)(3)”.
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 .