101 STAT. 276
PUBLIC LAW 100-26-APR. 21, 1987
(5)(A) Section 2321 (as amended by section 953(b) of the Defense Acquisition Improvement Act) is amended— (i) by redesignating subsections (c) through (f) as subsec^^,i,., tions (e) through (h), respectively; and (ii) by striking out subsections (a) and (b) and inserting in lieu thereof the following: "(a) CONTRACTS COVERED BY SECTION.—This section 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
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subject to this section 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 subsection (i)) 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 section. "(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. "(d) CHALLENGES TO RESTRICTIONS.—(1) The Secretary of Defense
may challenge a use or release restriction asserted with respect to technical data by a contractor or subcontractor at any tier under a contract subject to this section if the Secretary finds that— "(A) reasonable grounds exist to question the current validity of the asserted restriction; and "(B) the continued adherance by the United States to the asserted restriction would make it impracticable to procure the item to which the technical data pertain competitively at a later time. "(2)(A) A challenge to an asserted use or release restriction may not be made under paragraph (1) after the end of the three-year period described in subparagraph (B) unless the technical data involved— "(i) are publicly available; "(ii) have been furnished to the United States without restriction; or "(iii) have been otherwise made available without restriction. "(B) The three-year period referred to in subparagraph (A) is the three-year period beginning on the later of— "(i) the date on which final payment is made on the contract under which the technical data are required to be delivered; or "(ii) the date on which the technical data are delivered under the contract. "(3) If the Secretary challenges an asserted use or release restriction under paragraph (1), the Secretary shall provide written notice of the challenge to the contractor or subcontractor asserting the restriction. Any such notice s h a l l ^ "(A) state the specific grounds for challenging the asserted restriction;
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