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Title 10 — Armed Forces

Part V · Chapter 275 — Proprietary Contractor Data and Rights in Technical Data

§ 3794. Release of technical data under Freedom of Information Act: recovery of costs

Statutory text

(a)

In General.—

(1)

The Secretary of Defense shall, if required to release technical data under section 552 of title 5 (relating to the Freedom of Information Act), release such technical data to the person requesting the release if the person pays all reasonable costs attributable to search, duplication, and review.

(2)

The Secretary of Defense shall prescribe regulations, pursuant to notice and receipt of public comment, specifying a uniform schedule of fees under this section.

(b)

Crediting of Receipts.—

An amount received under this section—

(1)

shall be retained by the Department of Defense or the element of the Department of Defense receiving the amount; and

(2)

shall be merged with and available for the same purpose and the same time period as the appropriation from which the costs incurred in complying with requests for technical data were paid.

(c)

Waiver.—

The Secretary of Defense shall waive the payment of costs required by subsection (a) which are in an amount greater than the costs that would be required for such a release of information under section 552 of title 5 if—

(1)

the request is made by a citizen of the United States or a United States corporation, and such citizen or corporation certifies that the technical data requested is required to enable such citizen or corporation to submit an offer or determine whether it is capable of submitting an offer to provide the product to which the technical data relates to the United States or a contractor with the United States (except that the Secretary may require the citizen or corporation to pay a deposit in an amount equal to not more than the cost of complying with the request, to be refunded upon submission of an offer by the citizen or corporation);

(2)

the release of technical data is requested in order to comply with the terms of an international agreement; or

(3)

the Secretary determines, in accordance with section 552(a)(4)(A)(iii) of title 5, that such a waiver is in the interests of the United States.

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.

  1. Pub. L. 99–500 § 101(c)(tX)(s954)(a)(1) · 100 Stat. 1783-82

    Enacted · 10 U.S.C. § 3794

    Added Pub. L. 99–500, § 101(c) [title X, § 954(a)(1)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–172, and Pub. L. 99–591, § 101(c) [title X, § 954(a)(1)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–172, § 2328

    Unresolved: Pub. L. 99–500 was not found in the local Statutes at Large index.

    Source evidence

    Code source credit
    Added Pub. L. 99–500, § 101(c) [title X, § 954(a)(1)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–172, and Pub. L. 99–591, § 101(c) [title X, § 954(a)(1)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–172, § 2328

  2. Defense Technical Corrections Act of 1987

    Pub. L. 100–26 § 7(a)(7)(B)(i) · 101 Stat. 273

    Substituted · 10 U.S.C. § 3794

    Pub. L. 100–26, § 7(a)(7)(B)(i), substituted “Release of technical data under Freedom of Information Act: recovery of costs” for “Release of technical data” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 100–26, § 7(a)(7)(B)(i), substituted “Release of technical data under Freedom of Information Act: recovery of costs” for “Release of technical data” in section catchline.

    Enacted provision · exact public law section
    (i) The heading of such section is amended to read as follows: “§ 2328. Release of technical data under Freedom of Information Act: recovery of costs”.

  3. Defense Technical Corrections Act of 1987

    Pub. L. 100–26 § 7(a)(7)(A)(i)(I) · 101 Stat. 273

    Substituted · 10 U.S.C. § 3794(a)(1)

    Pub. L. 100–26, § 7(a)(7)(A)(i)(I), substituted “such technical data to the person requesting the” for “technical data to a person requesting such a”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 100–26, § 7(a)(7)(A)(i)(I), substituted “such technical data to the person requesting the” for “technical data to a person requesting such a”.

    Enacted provision · exact public law section
    (I) by striking out “technical data to a person requesting such a” and inserting in lieu thereof “such technical data to the person requesting the”; and

  4. Defense Technical Corrections Act of 1987

    Pub. L. 100–26 § 7(a)(7)(A)(i)(II) · 101 Stat. 273

    Substituted · 10 U.S.C. § 3794(a)(1)

    Pub. L. 100–26, § 7(a)(7)(A)(i)(II), substituted “search, duplication, and review” for “search and duplication”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–26, § 7(a)(7)(A)(i)(II), substituted “search, duplication, and review” for “search and duplication”.

    Enacted provision · exact public law section
    (II) by striking out “search and duplication” and inserting in lieu thereof “search, duplication, and review”;

  5. Defense Technical Corrections Act of 1987

    Pub. L. 100–26 § 7(a)(7)(A)(ii) · 101 Stat. 273

    Substituted · 10 U.S.C. § 3794(b)

    Pub. L. 100–26, § 7(a)(7)(A)(ii), substituted “Crediting of receipts” for “Disposition of costs” in heading

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 100–26, § 7(a)(7)(A)(ii), substituted “Crediting of receipts” for “Disposition of costs” in heading.

    Enacted provision · exact public law section
    (ii) by striking out “Disposition of Costs” in subsection (b) and inserting in lieu thereof “Crediting of Receipts”; and

  6. Defense Technical Corrections Act of 1987

    Pub. L. 100–26 § 7(a)(7)(A)(iii) · 101 Stat. 273

    Substituted · 10 U.S.C. § 3794(c)(3)

    Pub. L. 100–26, § 7(a)(7)(A)(iii), substituted “section 552(a)(4)(A)(iii)” for “section 552(a)(4)(A)”

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 100–26, § 7(a)(7)(A)(iii), substituted “section 552(a)(4)(A)(iii)” for “section 552(a)(4)(A)”.

    Enacted provision · exact public law section
    (iii) by striking out “section 552(a)(4)(A)” in subsection (c)(3) and inserting in lieu thereof “section 552(a)(4)(A)(iii)”.

  7. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1833 · 134 Stat. 3388

    Amended · 10 U.S.C. § 3794

    Pub. L. 116–283, § 1833(o)(2), as amended by Pub. L. 117–81, § 1701(b)(12)(B), renumbered section 2328 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 116–283, § 1833(o)(2), as amended by Pub. L. 117–81, § 1701(b)(12)(B), renumbered section 2328 of this title as this section.

    Enacted provision · exact public law section
    SEC. 1833. PROPRIETARY CONTRACTOR DATA AND RIGHTS IN TECHNICAL DATA. (a) New Chapter.— (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” . (2) Tables of chapters amendments.— The tables of chapters at the beginning of subtitle A, and at the beginning of part V of subtitle A, of title 10, United States Code, 10 USC prec. 101, prec. 3001. are amended by striking the item relating to chapter 275 and inserting the following new item: “275.  Proprietary Contractor Data and Rights in Technical Data (b) Transfer of Subsection (a) of Section 2320.— (1) Transfer.— Subsection (a) of section 2320 of title 10, United States Code, is transferred to section 3771 of such title, as added by subsection (a), inserted after the section heading, and amended by redesignating paragraphs (2) and (3) as subsections (b) and (c), respectively. (2) Internal redesignations and insertion of headings in new 3771(a).— Subsection (a) of such section, as so transferred and amended, is amended— (A) by striking “(1) The Secretary of” and inserting “ Regulations Required.— “(1) In general.— The Secretary of” ; and (B) by designating the third sentence as paragraph (2) and in that paragraph— (i) by striking “Such regulations may not” and inserting “Other rights not impaired.—Regulations prescribed under paragraph (1) may not”; (ii) by striking “impair any right of the” and inserting “impair— “(A) any right of the” ; and (iii) by striking “by law” and all that follows through “the right of a contractor” and inserting “by law; or “(B) the right of a contractor” . (3) Internal redesignations and insertion of headings in new 3771(b).— Subsection (b) of such section, as so transferred and redesignated, is amended— (A) by striking “Such regulations” and inserting “Required Provisions.—Regulations prescribed under subsection (a)”; (B) by redesignating subparagraphs (A) through (I) as paragraphs (1) through (9), respectively; (C) in paragraph (1), as so redesignated, by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively; (D) in paragraph (2), as so redesignated, by striking “subparagraphs (C), (D), and (G)” and inserting “paragraphs (3), (4), and (7)”; (E) in paragraph (3), as so redesignated— (i) by striking “subparagraph (b).—Subparagraph (B) does not” and inserting “paragraph (2).—Paragraph (2) does not”; and (ii) by redesignating clauses (i), (ii), (iii), and (iv) as subparagraphs (A), (B), (C), and (D), respectively; (F) in paragraph (4), as so redesignated— (i) by striking “subparagraph (b).—Notwithstanding subparagraph (B)” and inserting “paragraph(2).— Notwithstanding paragraph (2)”; (ii) by redesignating clauses (i), (ii), and (iii) as subparagraphs (A), (B), and (C), respectively; and (iii) in subparagraph (A), as so redesignated, by redesignating subclauses (I), (II), and (III) as clauses (i), (ii), and (iii), respectively; (G) in paragraph (5), as so redesignated— (i) by striking “Mixed funding.—Except as provided in subparagraphs (F) and (G),” and inserting “ Mixed funding.— “(A) In general.— Except as provided in paragraphs (6) and (7),” ; and (ii) by designating the second sentence as subparagraph (B), realigning that subparagraph 2 ems to the right, and inserting “Factors to be considered.—” before “The establishment of”; (H) in paragraph (6), as so redesignated, by striking “subparagraph (E)” and inserting “paragraph (5)”; (I) in paragraph (7), as so redesignated— (i) by striking “Mixed funding.—Notwithstanding subparagraphs (B) and (E)” and inserting “ Mixed funding. — “(A) Notwithstanding paragraphs (2) and (5)” ; (ii) by striking “section 2446a” and inserting “section 4401”; and (iii) by designating the second and third sentences as subparagraphs (B) and (C), respectively; (J) in paragraph (8), as so redesignated— (i) by inserting “Limitations on requirements related to contractor or subcontractor rights in technical data.—” before “A contractor or subcontractor”; (ii) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively; (iii) in subparagraph (A), as so redesignated, by redesignating subclauses (I), (II), and (III) as clauses (i), (ii), and (iii), respectively; (iv) in clause (i), as so redesignated, by striking “subparagraph (A)” and inserting “paragraph (1)”; (v) in clause (ii), as so redesignated, by striking “subparagraph (C)” and inserting “paragraph (3)”; (vi) in clause (iii), as so redesignated, by striking “subparagraph (D)” and inserting “paragraph (4)”; and (vii) in subparagraph (B), as so redesignated, by striking “subparagraph (B)” and inserting “paragraph (2)”; and (K) in paragraph (9), as so redesignated— (i) by inserting “Actions authorized if necessary to develop alternative sources of supply and manufacture.—” before “The Secretary of Defense”; (ii) by redesignating clauses (i), (ii), and (ii) as subparagraphs (A), (B), and (C), respectively; (iii) in subparagraph (A), as so redesignated, by striking “subparagraph (C) or (D)” and inserting “paragraph (3) or (4)”; and (iv) in subparagraph (B), as so redesignated, by striking “this section” and inserting “this subchapter”. (4) Internal redesignations and insertion of headings in new 3771(c).— Subsection (c) of such section, as so transferred and redesignated, is amended— (A) by inserting “Secretary of Defense to Define Terms.—” before “The Secretary of”; (B) by striking “paragraph (1)” and inserting “subsection (a)”; (C) by striking “the Secretary shall specify” and inserting “the Secretary— “(1) shall specify” ; (D) by striking “treated and shall specify” and inserting “treated; and “(2) shall specify” ; and (E) by striking “this paragraph” and inserting “this subsection”. (c) Transfer of Subsections (b) and (c) of Section 2320.— (1) Transfer.— Subsections (b) and (c) of section 2320 of title 10, United States Code, are transferred to section 3772 of such title, as added by subsection (a), inserted after the section heading, and redesignated as subsections (a) and (b), respectively. (2) Internal redesignations and insertion of headings in new 3772(a).— Subsection (a) of such section, as so transferred and redesignated, is amended— (A) by inserting “Contract Provisions Relating to Technical Data.—” before “Regulations prescribed under”; (B) by striking “subsection (a)” and inserting “section 3771 of this title”; (C) by striking “section 2303” and inserting “section 3063”; (D) in paragraph (1), by striking “section 2321(f)” and inserting “section 3784”; (E) in paragraph (6)— (i) by striking “the contractor to revise” and inserting “the contractor— “(A) to revise” ; and (ii) by striking “the contract and to deliver” and inserting “the contract; and “(B) to deliver” ; (F) in paragraph (7)— (i) by striking “is found to be” and inserting “is found— “(A) to be” ; and (ii) by striking “or inadequate or to not” and inserting “or inadequate; or “(B) to not” ; (G) in paragraph (9)(B)(ii), by striking “subparagraphs (D)(i)(II), (F), and (G) of subsection (a)(2)” and inserting “paragraphs (4)(A)(ii), (6), and (7) of section 3771(b) of this title”; and (H) in paragraph (10), by striking “section 2321(d)” and inserting “section 3782”. (3) Internal redesignations in new 3772(b).— Subsection (b) of such section, as so transferred and redesignated, is amended— (A) by striking “in this section or in section 2305(a)” and inserting “in this subchapter or in section 3208”; and (B) in paragraph (2), by striking “subsection (a)” and inserting “section 3771 of this title”. (d) Transfer of Subsection (d) of Section 2320.— Subsection (d) of section 2320 of title 10, United States Code, is transferred to section 3773 of such title, as added by subsection (a), inserted after the section heading, and amended— (1) by striking the subsection designation; and (2) by striking “this subsection” and inserting “this section”. (e) Transfer of Subsection (e) and (f) of Section 2320.— (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. (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). (3) Amendments to new 3774(a).— Subsection (a) of such section, as so amended, is further amended— (A) by striking “The Secretary of Defense shall require” and inserting “ Assessments and Acquisitions Strategies.— “(1) The Secretary of Defense shall require” ; (B) by designating the second sentence as paragraph (2); (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” ; and (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” . (4) Amendments to new 3774(b).— Subsection (b) of such section, as designated by paragraph (2), is amended— (A) by inserting “Requirements Relating to Assessments and Acquisition Strategies.—” before “Assessments and corresponding”; and (B) by striking “developed under” and all that follows through “with respect to” and inserting “developed under subsection (a) with respect to”. (5) Amendments to new 3774(c).— Subsection (c) of such section, as redesignated by paragraph (1), is amended— (A) by striking “Licenses.—The Secretary” and inserting “ Licenses.— “(1) The Secretary” ; (B) by designating the second sentence as paragraph (2); and (C) in paragraph (2), as so designated, by striking “subsection (e)” and inserting “subsection (a)”. (f) Transfer of Subsection (g) and (h) of Section 2320.— (1) Transfer.— Subsections (g) and (h) of section 2320 of title 10, United States Code, are transferred to section 3775 of such title, as added by subsection (a), inserted after the section heading, and redesigned as subsections (a) and (b), respectively. (2) Conforming amendments.— (A) Such subsections (a) and (b), as so transferred and redesignated, are each amended by striking “In this section,” and inserting “In this subchapter,”. (B) Such subsection (b) is amended by striking “section 2446a” and inserting “section 4401”. (g) New Subchapter.— Chapter 275 of title 10, United States Code, as added by subsection (a), is amended by adding at the end the following new subchapter: “SUBCHAPTER II— VALIDATION OF PROPRIETARY DATA RESTRICTIONS “Sec. “3781. Technical data: contractor justification for restrictions; review of restrictions. “3782. Technical data: challenges to contractor restrictions. “3783. Technical data: time for contractors to submit justifications. “3784. Technical data under contracts for commercial items: presumption of development exclusively at private expense. “3785. Technical data: decision by contracting officer; claims; rights and liability upon final disposition. “3786. Use or release restriction: definition. “§ 3781. Technical data: contractor justification for restrictions; review of restrictions “§ 3782. Technical data: challenges to contractor restrictions “§ 3783. Technical data: time for contractors to submit justifications “§ 3784. Technical data under contracts for commercial items: presumption of development exclusively at private expense “§ 3785. Technical data: decision by contracting officer; claims; rights and liability upon final disposition “§ 3786. Use or release restriction: definition” . (h) Transfer of Subsections (a), (b), and (c) of Section 2321.— (1) Transfer.— Subsections (a), (b), and (c) of section 2321 of title 10, United States Code, are transferred to section 3781 of such title, as added by subsection (g), and inserted after the section heading. (2) Conforming amendments to new 3781(a).— Subsection (a) of such section, as so transferred, is amended by striking “Contracts Covered by Section.—This section” and inserting “Contracts Covered by Subchapter.—This subchapter”. (3) Conforming amendments to new 3781(b).— Subsection (b) of such section, as so transferred, is amended— (A) by striking “this section” and inserting “this subchapter”; and (B) by striking “(as defined” and all that follows through “asserted” and inserting “(as defined in section 3786 of this title) asserted”. (4) Conforming amendments to new 3781(c).— Subsection (c) of such section, as so transferred, is amended— (A) by striking “Restrictions.—(1) The Secretary” and inserting “ Restrictions.— “(1) The Secretary” ; (B) in paragraph (1), by striking “this section” and inserting “this subchapter”; and (C) by realigning paragraph (2) 2 ems to the right. (i) Transfer of Subsection (d) of Section 2321.— (1) Transfer.— Subsection (d) of section 2321 of title 10, United States Code, is transferred to section 3782 of such title, as added by subsection (g), inserted after the section heading, and amended— (A) by striking the subsection designation and subsection heading; and (B) by redesignating paragraphs (1), (2), (3), and (4) as subsections (a), (b), (c), and (d), respectively. (2) Conforming amendments to new 3782(a).— Subsection (a) of such section 3782, as so transferred and redesignated, is amended— (A) by inserting “Challenges by Secretary of Defense.—” before “The Secretary of Defense”; (B) by striking “this section” and inserting “this subchapter”; and (C) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively. (3) Conforming amendments to new 3782(b).— Subsection (b) of such section 3782, as so transferred and redesignated, is amended— (A) by striking “(A) A challenge” and inserting “ Time Limit for Challenges; Exceptions.— “(1) A challenge” ; (B) by redesignating subparagraph (B) as paragraph (2) and realigning that paragraph 2 ems to the right; (C) in paragraph (1), as designated by subparagraph (A)— (i) by striking “paragraph (1)” and inserting “subsection (a)”; (ii) by striking “subparagraph (B)” and inserting “paragraph (2)”; and (iii) by redesignating clauses (i), (ii), (iii), and (iv) as subparagraphs (A), (B), (C), and (D), respectively; and (D) in paragraph (2), as redesignated by subparagraph (B)— (i) by striking “subparagraph (A)” and inserting “paragraph (1)”; and (ii) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively. (4) Conforming amendments to new 3782(c).— Subsection (c) of such section 3782, as so transferred and redesignated, is amended— (A) by inserting “Written Notice to Contractor or Subcontractor.—” before “If the Secretary”; (B) by striking “paragraph (1)” and inserting “subsection (a)”; (C) by redesignating subparagraphs (A), (B), and (C) as paragraphs (1), (2), and (3), respectively; and (D) in paragraph (3), as so redesignated, by striking “paragraph (4)” and inserting “subsection (d)”. (5) Conforming amendments to new 3782(d).— Subsection (d) of such section 3782, as so transferred and redesignated, is amended— (A) by inserting “Justification.—” before “It is a justification”; (B) by striking “paragraph (1)” and inserting “subsection (a)”; (C) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; and (D) in paragraph (1), as so redesignated, by striking “this subsection” and inserting “this section”. (j) Transfer of Subsection (e) of Section 2321.— (1) Transfer.— Subsection (e) of section 2321 of title 10, United States Code, is transferred to section 3783 of such title, as added by subsection (g), inserted after the section heading, and amended by striking the subsection designation and subsection heading. (2) Designation of new subsections (a) and (b).— Such section, as so transferred and amended, is further amended— (A) by designating the first sentence as subsection (a) and inserting “Additional Time to Submit Justifications.—” before “If a contractor”; and (B) by designating the second sentence as subsection (b) and inserting “Multiple Challenges; Schedule of Responses.—” before “If a party”. (k) Transfer of Subsection (f) of Section 2321.— Subsection (f) of section 2321 of title 10, United States Code, is transferred to section 3784 of such title, as added by subsection (g), inserted after the section heading, and amended— (1) by striking the subsection designation and subsection heading; and (2) by striking “subsection (d)(3)” and inserting “section 3782(c) of this title”. (l) Transfer of Subsections (g), (h), and (i) of Section 2321.— (1) Transfer.— Subsections (g), (h), and (i) of section 2321 of title 10, United States Code, are transferred to section 3785 of such title, as added by subsection (g), inserted after the section heading, and redesignated as subsections (a), (b), and (c), respectively. (2) Conforming amendments to new 3785(a).— Subsection (a) of such section, as so transferred and redesignated, is amended— (A) by striking “subsection (d)(3)” both places it appears and inserting “section 3782(c) of this title”; (B) by striking “Officer.—(1) Upon failure” and inserting “ Officer.— “(1) Upon failure” ; and (C) by realigning paragraph (2) 2 ems to the right. (3) Conforming amendments to new 3785(c).— Subsection (c) of such section 3786, as so transferred and redesignated, is amended— (A) by striking “Disposition.—(1) If, upon final” and inserting “ Disposition.— “(1) If, upon final” ; and (B) by realigning paragraph (2) 2 ems to the right. (m) Transfer of Subsection (j) of Section 2321.— Subsection (j) of section 2321 of title 10, United States Code, is transferred to section 3786 of such title, as added by subsection (g), inserted after the section heading, and amended— (1) by striking the subsection designation and subsection heading; and (2) by striking “In this section” and inserting “In this subchapter”. (n) New Subchapter.— Chapter 275 of title 10, United States Code, as added by subsection (a), is amended by adding after subchapter II, as added by subsections (g), the following new subchapter: “SUBCHAPTER III— OTHER PROVISIONS RELATING TO PROPRIETARY CONTRACTOR DATA AND RIGHTS IN TECHNICAL DATA “Sec. “3791. Management of intellectual property matters within the Department of Defense. “3792. Technical data rights: non-FAR agreements. “3793. Copyrights, patents, designs, etc.; acquisition. “3794. Release of technical data under Freedom of Information Act: recovery of costs. “§ 3791. Management of intellectual property matters within the department of defense “(b) Cadre of Intellectual Property Experts.— For a provision requiring establishment of a cadre of personnel who are experts in intellectual property matters, see section 1707 of this title.” . (o) Transfers.— (1) Transfer of section 2322(a).— Subsection (a) of section 2322 of title 10, United States Code, is transferred to section 3791 of such title, as added by subsection (n), and inserted after the section heading. (2) Transfer of sections 2386 and 2328.— Section 2386 and 2328 of such title are transferred to subchapter III of chapter 275 of such title, as added by subsection (n), inserted (in that order) after section 3791, and redesignated as section 3793 and 3794, respectively. (p) Cross Reference Amendments.— Section 8687(a) of title 10, United States Code, is amended by striking “section 2320” each place it appears and inserting “subchapter I of chapter 275”.

    Effective date note
    Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and Effective Date note below. Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

6 of 7 references resolved to an enrolled provision · 1 unresolved

Editorial Notes

Codification

Pub. L. 99–591 is a corrected version of Pub. L. 99–500.

Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661 added identical sections.

Prior Provisions

Prior sections 3794 to 3797 were repealed by Pub. L. 96–513, title II, § 213, title VII, § 701, , 94 Stat. 2885, 2955, effective .

Section 3794, added Pub. L. 86–616, § 3(a), , 74 Stat. 389, 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. See section 1184 of this title.

Section 3795, added Pub. L. 86–616, § 3(a), , 74 Stat. 389, provided that each officer under consideration for removal from active list of Regular Army under this chapter be given written notification, at least 30 days prior to a board of inquiry hearing, that he is being required to show cause for retention on active list, be allowed reasonable time to prepare a defense, be allowed to appear in person and by counsel at proceedings before board of inquiry, and be allowed full access to, and furnished copies of, records relevant to his case at all stages of proceedings, except records that Secretary determines be withheld in interests of national security, in which case, a summary, to extent national security permits, be furnished. See section 1185 of this title.

Section 3796, added Pub. L. 86–616, § 3(a), , 74 Stat. 389, authorized Secretary of the Army, at any time during proceedings under this chapter and before removal of an officer from active list of Regular Army, to grant that officer’s request for voluntary retirement, if he is otherwise qualified therefor, or for honorable discharge with severance benefits. See section 1186 of this title.

Section 3797, added Pub. L. 86–616, § 3(a), , 74 Stat. 390, provided that no officer serve on a board under this chapter unless he holds a regular or temporary grade above lieutenant colonel, and is senior in regular grade to, and outranks, any officer considered by that board and that no person be a member of more than one board convened under this chapter for same officer. See section 1187 of this title.

Amendments1987–2021 · 2 rounds

1987

Pub. L. 100–26, § 7(a)(7)(B)(i), substituted “Release of technical data under Freedom of Information Act: recovery of costs” for “Release of technical data” in section catchline.

Subsec. (a)(1). Pub. L. 100–26, § 7(a)(7)(A)(i)(I), substituted “such technical data to the person requesting the” for “technical data to a person requesting such a”.

Pub. L. 100–26, § 7(a)(7)(A)(i)(II), substituted “search, duplication, and review” for “search and duplication”.

Subsec. (b). Pub. L. 100–26, § 7(a)(7)(A)(ii), substituted “Crediting of receipts” for “Disposition of costs” in heading.

Subsec. (c)(3). Pub. L. 100–26, § 7(a)(7)(A)(iii), substituted “section 552(a)(4)(A)(iii)” for “section 552(a)(4)(A)”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and Effective Date note below.

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 a note preceding section 3001 of this title.

Effective Date of 1987 Amendment

Pub. L. 100–26, § 12(d)(2), , 101 Stat. 289, provided that: “The amendment to section 2328 of such title [now 10 U.S.C. 3794] made by section 7(a)(7)(A)(i)(II) shall take effect on the same date and in the same manner as provided in section 1804(b) of Public Law 99–570 [set out as an Effective Date of 1986 Amendment note under section 552 of Title 5, Government Organization and Employees] for the amendment made by section 1803 of that Public Law to section 552a of title 5, United States Code [probably means amendment by section 1803 of Pub. L. 99–570 to section 552(a) of Title 5].”

Effective Date

Pub. L. 99–500, § 101(c) [title X, § 954(b)], , 100 Stat. 1783–82, 1783–173, Pub. L. 99–591, § 101(c) [title X, § 954(b)], , 100 Stat. 3341–82, 3341–173, and Pub. L. 99–661, div. A, title IX, formerly title IV, § 954(b), , 100 Stat. 3953, renumbered title IX by Pub. L. 100–26, § 3(5), , 101 Stat. 273, provided that: “The amendments made by this section [enacting this section] shall take effect at the end of the 90-day period beginning on the date of the enactment of this Act [].”

Credits

1986–2021 · 5 acts
  1. 1986Added Pub. L. 99–500, § 101(c) [title X, § 954(a)(1)], , 100 Stat. 1783–82, 1783–172, and Pub. L. 99–591, § 101(c) [title X, § 954(a)(1)], , 100 Stat. 3341–82, 3341–172, § 2328
  2. 1986Pub. L. 99–661, div. A, title IX, formerly title IV, § 954(a)(1), , 100 Stat. 3952, renumbered title IX, Pub. L. 100–26, § 3(5), , 101 Stat. 273
  3. 1987amended Pub. L. 100–26, § 7(a)(7)(A), (B)(i), , 101 Stat. 278
  4. 2021renumbered § 3794, Pub. L. 116–283, div. A, title XVIII, § 1833(o)(2), , 134 Stat. 4234
  5. 2021Pub. L. 117–81, div. A, title XVII, § 1701(b)(12)(B), , 135 Stat. 2134.
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(Added Pub. L. 99–500, § 101(c) [title X, § 954(a)(1)], , 100 Stat. 1783–82, 1783–172, and Pub. L. 99–591, § 101(c) [title X, § 954(a)(1)], , 100 Stat. 3341–82, 3341–172, § 2328; Pub. L. 99–661, div. A, title IX, formerly title IV, § 954(a)(1), , 100 Stat. 3952, renumbered title IX, Pub. L. 100–26, § 3(5), , 101 Stat. 273; amended Pub. L. 100–26, § 7(a)(7)(A), (B)(i), , 101 Stat. 278; renumbered § 3794, Pub. L. 116–283, div. A, title XVIII, § 1833(o)(2), , 134 Stat. 4234; Pub. L. 117–81, div. A, title XVII, § 1701(b)(12)(B), , 135 Stat. 2134.)

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USLM identifier /us/usc/t10/s3794