10 USC § 3781 - Technical data: contractor justification for restrictions; review of restrictions

---
identifier: "/us/usc/t10/s3781"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 3781 - Technical data: contractor justification for restrictions; review of restrictions"
title_number: 10
title_name: "ARMED FORCES"
section_number: "3781"
section_name: "Technical data: contractor justification for restrictions; review of restrictions"
chapter_number: 275
chapter_name: "PROPRIETARY CONTRACTOR DATA AND RIGHTS IN TECHNICAL DATA"
subchapter_number: "II"
subchapter_name: "VALIDATION OF PROPRIETARY DATA RESTRICTIONS"
part_number: "V"
part_name: "ACQUISITION"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1833(g), (h), Jan. 1, 2021, 134 Stat. 4231.)"
---


# § 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.—** A 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 section 3786 of this title) 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.

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**Source Credit**: (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1833(g), (h), Jan. 1, 2021, 134 Stat. 4231.)

## Editorial Notes

### Codification

The text of subsecs. (a), (b), and (c) of , which were transferred to this section and amended by , was based on , , .

### Prior Provisions

A 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

2021—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.

Subsec. (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”.

Subsec. (c). , (4)(A), (C), transferred subsec. (c) of  to this section and realigned margins of pars. (1) and (2).

Subsec. (c)(1). , substituted “this subchapter” for “this section”.

## Statutory Notes and Related Subsidiaries

### Effective Date

Section 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 .