Title 10 — Armed Forces
Part V · Chapter 275 — Proprietary Contractor Data and Rights in Technical Data
§ 3774. Major weapon systems and subsystems: long-term technical data needs
Statutory text
Assessments and Acquisitions Strategies.—
The Secretary of Defense shall require program managers for major weapon systems and subsystems of major weapon systems to—
assess the long-term technical data needs of such systems and subsystems; and
establish corresponding acquisition strategies that provide for technical data rights needed to sustain such systems and subsystems over their life cycle.
Such strategies may include—
the development of maintenance capabilities within the Department of Defense; or
competition for contracts for sustainment of such systems or subsystems.
Requirements Relating to Assessments and Acquisition Strategies.—
Assessments and corresponding acquisition strategies developed under subsection (a) with respect to a weapon system or subsystem shall—
be developed before issuance of a contract solicitation for the weapon system or subsystem;
address the merits of including a priced contract option for the future delivery of technical data that were not acquired upon initial contract award;
address the potential for changes in the sustainment plan over the life cycle of the weapon system or subsystem; and
apply to weapon systems and subsystems that are to be supported by performance-based logistics arrangements as well as to weapons systems and subsystems that are to be supported by other sustainment approaches.
Preference for Specially Negotiated Licenses.—
The Secretary of Defense shall, to the maximum extent practicable, negotiate and enter into a contract with a contractor for a specially negotiated license for technical data to support the product support strategy of a major weapon system or subsystem of a major weapon system.
In performing the assessment and developing the corresponding strategy required under subsection (a) for such a system or subsystem, a program manager shall consider the use of specially negotiated licenses to acquire customized technical data appropriate for the particular elements of the product support strategy.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 div. A title XVIII § 1833(a)(1) · 134 Stat. 3388
Enacted · 10 U.S.C. § 3774
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1833(a)(1), (e), Jan. 1, 2021, 134 Stat. 4226, 4229.)
Source evidence
Code source credit
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1833(a)(1), (e), Jan. 1, 2021, 134 Stat. 4226, 4229.)Enacted provision · exact public law section
(1) In general.— Part V of subtitle A of title 10, United States Code, as added by section 801 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232), 10 USC prec. 3771. is amended by striking chapter 275 and inserting the following: “CHAPTER 275— PROPRIETARY CONTRACTOR DATA AND RIGHTS IN TECHNICAL DATA “Subchapter Sec. “I. Rights in Technical Data “II. Validation of Proprietary Data Restrictions “III. Other Provisions Relating to Proprietary Contractor Data and Rights in Technical Data “SUBCHAPTER I— RIGHTS IN TECHNICAL DATA “Sec. “3771. Rights in technical data: regulations. “3772. Rights in technical data: provisions required in contracts. “3773. Domestic business concerns: programs for replenishment parts. “3774. Major weapon systems and subsystems: long-term technical data needs. “3775. Definitions. “§ 3771. Rights in technical data: regulations “§ 3772. Rights in technical data: provisions required in contracts “§ 3773. Domestic business concerns: programs for replenishment parts “§ 3774. Major weapon systems and subsystems: long-term technical data needs “§ 3775. Definitions” .William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1833(e)(1) · 134 Stat. 3388
Redesignated · 10 U.S.C. § 3774(a)
Pub. L. 116–283, § 1833(e)(1), (3)(A), (B), redesignated subsec. (e) of section 2320 of this title as subsec. (a) of this section
Inserted · 10 U.S.C. § 3774(a)
Pub. L. 116–283, § 1833(e)(1), (3)(A), (B), inserted heading
Amended · 10 U.S.C. § 3774(a)
Pub. L. 116–283, § 1833(e)(1), (3)(A), (B), designated first and second sentences of existing provisions as pars. (1) and (2), respectively. Third sentence of subsec. (a) designated subsec. (b)
Source evidence
Code amendment note
Subsec. (a). Pub. L. 116–283, § 1833(e)(1), (3)(A), (B), redesignated subsec. (e) of section 2320 of this title as subsec. (a) of this section, inserted heading, and designated first and second sentences of existing provisions as pars. (1) and (2), respectively. Third sentence of subsec. (a) designated subsec. (b).Enacted provision · exact public law section
(1) Transfer.— Subsections (e) and (f) of section 2320 of title 10, United States Code, are transferred to section 3774 of such title, as added by subsection (a), inserted after the section heading, and redesigned as subsections (a) and (c), respectively.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1833(e)(3)(C) · 134 Stat. 3388
Inserted · 10 U.S.C. § 3774(a)(1)
Pub. L. 116–283, § 1833(e)(3)(C), inserted dash after “major weapon systems to” and reorganized remainder of text into designated subpars. (A) and (B)
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 116–283, § 1833(e)(3)(C), inserted dash after “major weapon systems to” and reorganized remainder of text into designated subpars. (A) and (B).Enacted provision · exact public law section
(C) in paragraph (1), as designated by subparagraph (A)— (i) by striking “to assess the long-term” and inserting “to— “(A) assess the long-term” ; and (ii) by striking “systems and subsystems and establish” and inserting “systems and subsystems; and “(B) establish” ; andWilliam M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1833(e)(3)(D) · 134 Stat. 3388
Inserted · 10 U.S.C. § 3774(a)(2)
Pub. L. 116–283, § 1833(e)(3)(D), inserted dash after “may include” and reorganized remainder of text into designated subpars. (A) and (B)
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 116–283, § 1833(e)(3)(D), inserted dash after “may include” and reorganized remainder of text into designated subpars. (A) and (B).Enacted provision · exact public law section
(D) in paragraph (2), as designated by subparagraph (B)— (i) by striking “may include the development” and inserting “may include— “(A) the development” ; and (ii) by striking “Department of Defense or competition for” and inserting “Department of Defense; or “(B) competition for” .William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1833(e)(2) · 134 Stat. 3388
Amended · 10 U.S.C. § 3774(b)
Pub. L. 116–283, § 1833(e)(2), (4), designated third sentence of subsec. (a) as subsec. (b)
Inserted · 10 U.S.C. § 3774(b)
Pub. L. 116–283, § 1833(e)(2), (4), inserted heading
Substituted · 10 U.S.C. § 3774(b)
Pub. L. 116–283, § 1833(e)(2), (4), substituted “developed under subsection (a) with respect to” for “developed under this section with respect to” in introductory provisions
Source evidence
Code amendment note
Subsec. (b). Pub. L. 116–283, § 1833(e)(2), (4), designated third sentence of subsec. (a) as subsec. (b), inserted heading, and substituted “developed under subsection (a) with respect to” for “developed under this section with respect to” in introductory provisions.Enacted provision · exact public law section
(2) Designation of new 3774(b).— The third sentence of subsection (a) of such section, as so transferred and redesignated, is designated as subsection (b).William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1833(e)(1) · 134 Stat. 3388
Redesignated · 10 U.S.C. § 3774(c)
Pub. L. 116–283, § 1833(e)(1), (5), redesignated subsec. (f) of section 2320 of this title as subsec. (c) of this section
Amended · 10 U.S.C. § 3774(c)
Pub. L. 116–283, § 1833(e)(1), (5), designated first and second sentences of existing provisions as pars. (1) and (2), respectively, and, in par. (2)
Substituted · 10 U.S.C. § 3774(c)
Pub. L. 116–283, § 1833(e)(1), (5), substituted “subsection (a)” for “subsection (e)”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 116–283, § 1833(e)(1), (5), redesignated subsec. (f) of section 2320 of this title as subsec. (c) of this section, designated first and second sentences of existing provisions as pars. (1) and (2), respectively, and, in par. (2), substituted “subsection (a)” for “subsection (e)”.Enacted provision · exact public law section
(1) Transfer.— Subsections (e) and (f) of section 2320 of title 10, United States Code, are transferred to section 3774 of such title, as added by subsection (a), inserted after the section heading, and redesigned as subsections (a) and (c), respectively.
12 of 12 references resolved to an enrolled provision
Editorial Notes
Codification
The text of subsec. (e) of section 2320 of this title, which was transferred to this section, redesignated as subsecs. (a) and (b), and amended by Pub. L. 116–283, § 1833(e)(1)–(4), was based on Pub. L. 109–364, div. A, title VIII, § 802(a), , 120 Stat. 2312.
The text of subsec. (f) of section 2320 of this title, which was transferred to this section, redesignated as subsec. (c), and amended by Pub. L. 116–283, § 1833(e)(1), (5), was based on Pub. L. 115–91, div. A, title VIII, § 835(c)(2), , 131 Stat. 1471.
Amendments
2021—Subsec. (a). Pub. L. 116–283, § 1833(e)(1), (3)(A), (B), redesignated subsec. (e) of section 2320 of this title as subsec. (a) of this section, inserted heading, and designated first and second sentences of existing provisions as pars. (1) and (2), respectively. Third sentence of subsec. (a) designated subsec. (b).
Subsec. (a)(1). Pub. L. 116–283, § 1833(e)(3)(C), inserted dash after “major weapon systems to” and reorganized remainder of text into designated subpars. (A) and (B).
Subsec. (a)(2). Pub. L. 116–283, § 1833(e)(3)(D), inserted dash after “may include” and reorganized remainder of text into designated subpars. (A) and (B).
Subsec. (b). Pub. L. 116–283, § 1833(e)(2), (4), designated third sentence of subsec. (a) as subsec. (b), inserted heading, and substituted “developed under subsection (a) with respect to” for “developed under this section with respect to” in introductory provisions.
Subsec. (c). Pub. L. 116–283, § 1833(e)(1), (5), redesignated subsec. (f) of section 2320 of this title as subsec. (c) of this section, designated first and second sentences of existing provisions as pars. (1) and (2), respectively, and, in par. (2), substituted “subsection (a)” for “subsection (e)”.
Statutory Notes and Related Subsidiaries
Effective Date
Section and amendment by Pub. L. 116–283 effective , with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title.
Regulations
Pub. L. 109–364, div. A, title VIII, § 802(c), , 120 Stat. 2313, provided that: “Not later than 180 days after the date of the enactment of this Act [], the Secretary of Defense shall revise regulations under section 2320 of title 10, United States Code [see 10 U.S.C. 3771 et seq.], to implement subsection (e) of such section [see 10 U.S.C. 3774(a), (b)] (as added by this section), including incorporating policy changes developed under such subsection into Department of Defense Directive 5000.1 and Department of Defense Instruction 5000.2.”
Guidance Relating to Rights in Technical Data
Pub. L. 111–383, div. A, title VIII, § 824(a), , 124 Stat. 4269, which required the Secretary of Defense to review certain guidance relating to rights in technical data, was repealed by Pub. L. 119–60, div. A, title VIII, § 811(b)(12)(C), , 139 Stat. 949.
Credits
(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1833(a)(1), (e), , 134 Stat. 4226, 4229.)