Sec. 1833. Proprietary contractor data and rights in technical data
2,598 words·~12 min read·
/bill/116/hr/6395/enr/section-1833·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 ), is amended by striking chapter 275 and inserting the following: Subchapter Sec. I. Rights in Technical Data 3771 II. Validation of Proprietary Data Restrictions 3781 III. Other Provisions Relating to Proprietary Contractor Data and Rights in Technical Data 3791 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. . 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, 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 3771 .
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. Subsection
(a)of such section, as so transferred and amended, is amended— by striking
(1)The Secretary of and inserting Regulations required.— The Secretary of ; and by designating the third sentence as paragraph
(2)and in that paragraph— by striking Such regulations may not and inserting ; Other rights not impaired. —Regulations prescribed under paragraph
(1)may not by striking impair any right of the and inserting impair— any right of the ; and by striking by law and all that follows through the right of a contractor and inserting by law; or the right of a contractor . Subsection
(b)of such section, as so transferred and redesignated, is amended— by striking Such regulations and inserting ; Required provisions. —Regulations prescribed under subsection
(a)by redesignating subparagraphs
(A)through
(I)as paragraphs
(1)through (9), respectively; in paragraph (1), as so redesignated, by redesignating clauses
(i)and
(ii)as subparagraphs
(A)and (B), respectively; in paragraph (2), as so redesignated, by striking subparagraphs (C), (D), and
(G)and inserting paragraphs (3), (4), and
(7); in paragraph (3), as so redesignated— by striking and inserting subparagraph (B). —Subparagraph
(B)does not ; and paragraph (2). —Paragraph
(2)does not by redesignating clauses (i), (ii), (iii), and
(iv)as subparagraphs (A), (B), (C), and (D), respectively; in paragraph (4), as so redesignated— by striking and inserting subparagraph (B). —Notwithstanding subparagraph
(B); paragraph
(2).— Notwithstanding paragraph
(2)by redesignating clauses (i), (ii), and
(iii)as subparagraphs (A), (B), and (C), respectively; and in subparagraph (A), as so redesignated, by redesignating subclauses (I), (II), and
(III)as clauses (i), (ii), and (iii), respectively; in paragraph (5), as so redesignated— by striking and inserting “ Mixed funding. —Except as provided in subparagraphs
(F)and (G), Mixed funding.— Except as provided in paragraphs
(6)and (7), ; and by designating the second sentence as subparagraph (B), realigning that subparagraph 2 ems to the right, and inserting before Factors to be considered.— The establishment of ; in paragraph (6), as so redesignated, by striking subparagraph
(E)and inserting paragraph
(5); in paragraph (7), as so redesignated— by striking and inserting Mixed funding. —Notwithstanding subparagraphs
(B)and
(E)Mixed funding. — Notwithstanding paragraphs
(2)and
(5); by striking section 2446a and inserting section 4401 ; and by designating the second and third sentences as subparagraphs
(B)and (C), respectively; in paragraph (8), as so redesignated— by inserting before Limitations on requirements related to contractor or subcontractor rights in technical data.— A contractor or subcontractor ; by redesignating clauses
(i)and
(ii)as subparagraphs
(A)and (B), respectively; in subparagraph (A), as so redesignated, by redesignating subclauses (I), (II), and
(III)as clauses (i), (ii), and (iii), respectively; in clause (i), as so redesignated, by striking subparagraph
(A)and inserting paragraph
(1); in clause (ii), as so redesignated, by striking subparagraph
(C)and inserting paragraph
(3); in clause (iii), as so redesignated, by striking subparagraph
(D)and inserting paragraph
(4); and in subparagraph (B), as so redesignated, by striking subparagraph
(B)and inserting paragraph
(2); and in paragraph (9), as so redesignated— by inserting before Actions authorized if necessary to develop alternative sources of supply and manufacture.— The Secretary of Defense ; by redesignating clauses (i), (ii), and
(ii)as subparagraphs (A), (B), and (C), respectively; in subparagraph (A), as so redesignated, by striking subparagraph
(C)or
(D)and inserting paragraph
(3)or
(4); and in subparagraph (B), as so redesignated, by striking this section and inserting this subchapter . Subsection
(c)of such section, as so transferred and redesignated, is amended— by inserting before Secretary of Defense to define terms.— The Secretary of ; by striking paragraph
(1)and inserting subsection
(a); by striking the Secretary shall specify and inserting the Secretary— shall specify ; by striking treated and shall specify and inserting “treated; and shall specify ; and by striking this paragraph and inserting this subsection . 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. Subsection
(a)of such section, as so transferred and redesignated, is amended— by inserting before Contract provisions relating to technical data.— Regulations prescribed under ; by striking subsection
(a)and inserting section 3771 of this title ; by striking section 2303 and inserting section 3063 ; in paragraph (1), by striking section 2321(f) and inserting section 3784 ; in paragraph (6)— by striking the contractor to revise and inserting the contractor— to revise ; and by striking the contract and to deliver and inserting “the contract; and to deliver ; in paragraph (7)— by striking is found to be and inserting is found— to be ; and by striking or inadequate or to not and inserting “or inadequate; or to not ; 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 in paragraph (10), by striking section 2321(d) and inserting section 3782 . Subsection
(b)of such section, as so transferred and redesignated, is amended— by striking in this section or in section 2305(a) and inserting in this subchapter or in section 3208 ; and in paragraph (2), by striking subsection
(a)and inserting section 3771 of this title . 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— by striking the subsection designation; and by striking this subsection and inserting this section . 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. The third sentence of subsection
(a)of such section, as so transferred and redesignated, is designated as subsection (b). Subsection
(a)of such section, as so amended, is further amended— by striking The Secretary of Defense shall require and inserting Assessments and acquisitions strategies.— The Secretary of Defense shall require ; by designating the second sentence as paragraph (2); in paragraph (1), as designated by subparagraph (A)— by striking to assess the long-term and inserting to— assess the long-term ; and by striking systems and subsystems and establish and inserting “systems and subsystems; and establish ; and in paragraph (2), as designated by subparagraph (B)— by striking may include the development and inserting may include— the development ; and by striking Department of Defense or competition for and inserting “Department of Defense; or competition for . Subsection
(b)of such section, as designated by paragraph (2), is amended— by inserting before Requirements relating to assessments and acquisition strategies.— Assessments and corresponding ; and by striking developed under and all that follows through with respect to and inserting developed under subsection
(a)with respect to . Subsection
(c)of such section, as redesignated by paragraph (1), is amended— by striking and inserting Licenses.— The Secretary Licenses.— The Secretary ; by designating the second sentence as paragraph (2); and in paragraph (2), as so designated, by striking subsection
(e)and inserting subsection
(a). 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. Such subsections
(a)and (b), as so transferred and redesignated, are each amended by striking In this section, and inserting In this subchapter, . Such subsection
(b)is amended by striking section 2446a and inserting section 4401 . Chapter 275 of title 10, United States Code, as added by subsection (a), is amended by adding at the end the following new subchapter: 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. . 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. Subsection
(a)of such section, as so transferred, is amended by striking and inserting Contracts covered by section. —This section . Contracts covered by subchapter. —This subchapter Subsection
(b)of such section, as so transferred, is amended— by striking this section and inserting this subchapter ; and by striking (as defined and all that follows through asserted and inserting (as defined in section 3786 of this title) asserted . Subsection
(c)of such section, as so transferred, is amended— by striking and inserting “ Restrictions.—
(1)The Secretary Restrictions.— The Secretary ; in paragraph (1), by striking this section and inserting this subchapter ; and by realigning paragraph
(2)2 ems to the right. 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— by striking the subsection designation and subsection heading; and by redesignating paragraphs (1), (2), (3), and
(4)as subsections (a), (b), (c), and (d), respectively. Subsection
(a)of such section 3782, as so transferred and redesignated, is amended— by inserting before Challenges by secretary of defense.— The Secretary of Defense ; by striking this section and inserting this subchapter ; and by redesignating subparagraphs
(A)and
(B)as paragraphs
(1)and (2), respectively. Subsection
(b)of such section 3782, as so transferred and redesignated, is amended— by striking
(A)A challenge and inserting Time limit for challenges; exceptions.— A challenge ; by redesignating subparagraph
(B)as paragraph
(2)and realigning that paragraph 2 ems to the right; in paragraph (1), as designated by subparagraph (A)— by striking paragraph
(1)and inserting subsection
(a); by striking subparagraph
(B)and inserting paragraph
(2); and by redesignating clauses (i), (ii), (iii), and
(iv)as subparagraphs (A), (B), (C), and (D), respectively; and in paragraph (2), as redesignated by subparagraph (B)— by striking subparagraph
(A)and inserting paragraph
(1); and by redesignating clauses
(i)and
(ii)as subparagraphs
(A)and (B), respectively. Subsection
(c)of such section 3782, as so transferred and redesignated, is amended— by inserting before Written notice to contractor or subcontractor.— If the Secretary ; by striking paragraph
(1)and inserting subsection
(a); by redesignating subparagraphs (A), (B), and
(C)as paragraphs (1), (2), and (3), respectively; and in paragraph (3), as so redesignated, by striking paragraph
(4)and inserting subsection
(d). Subsection
(d)of such section 3782, as so transferred and redesignated, is amended— by inserting before Justification.— It is a justification ; by striking paragraph
(1)and inserting subsection
(a); by redesignating subparagraphs
(A)and
(B)as paragraphs
(1)and (2), respectively; and in paragraph (1), as so redesignated, by striking this subsection and inserting this section . 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. Such section, as so transferred and amended, is further amended— by designating the first sentence as subsection
(a)and inserting before Additional time to submit justifications.— If a contractor ; and by designating the second sentence as subsection
(b)and inserting before Multiple challenges; schedule of responses.— If a party . 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— by striking the subsection designation and subsection heading; and by striking subsection (d)(3) and inserting section 3782(c) of this title . 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. Subsection
(a)of such section, as so transferred and redesignated, is amended— by striking subsection (d)(3) both places it appears and inserting section 3782(c) of this title ; by striking and inserting “ Officer.—
(1)Upon failure Officer.— Upon failure ; and by realigning paragraph
(2)2 ems to the right. Subsection
(c)of such section 3786, as so transferred and redesignated, is amended— by striking and inserting “ Disposition.—
(1)If, upon final Disposition.— If, upon final ; and by realigning paragraph
(2)2 ems to the right. 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— by striking the subsection designation and subsection heading; and by striking In this section and inserting In this 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: 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. For a provision requiring establishment of a cadre of personnel who are experts in intellectual property matters, see section 1707 of this title. . 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. 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. 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 .
Connectionstraces to 1
Traces to 1 document
Citation graph
cites case law
Sec. 1833
Proprietary contractor data and rights in technical data
Cites 1Cited by 0 across 0 sources