10 USC § 3784 - Technical data under contracts for commercial items: presumption of development exclusively at private expense

---
identifier: "/us/usc/t10/s3784"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 3784 - Technical data under contracts for commercial items: presumption of development exclusively at private expense"
title_number: 10
title_name: "ARMED FORCES"
section_number: "3784"
section_name: "Technical data under contracts for commercial items: presumption of development exclusively at private expense"
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), (k), Jan. 1, 2021, 134 Stat. 4231, 4233.)"
---


# § 3784. Technical data under contracts for commercial items: presumption of development exclusively at private expense

section 3782(c) of this title

In 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.

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**Source Credit**: (Added and amended Pub. L. 116–283, div. A, title XVIII, § 1833(g), (k), Jan. 1, 2021, 134 Stat. 4231, 4233.)

## Editorial Notes

### Codification

The 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

A 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

2021—, 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

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 .