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10 U.S.C. § 3786 — Use or release restriction: definition
Federal law — U.S. Code and appendices · legal_authorities
In this subchapter, the term “use or release restriction”, with respect to technical data delivered to the United States under a contract subject to this section, means a restriction by the contractor or subcontractor on the right of the United States—
(1) to use such technical data; or
(2) to release or disclose such technical data to persons outside the Government or permit the use of such technical data by persons outside the Government.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3786
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Stable record: federal_law:legal_authorities:record_usc_ca3c9349c0d2f9dcf0b9c4ab
Source file: Laws/federal/codes/united-states-code/title-10/section-3786-use-or-release-restriction-definition--8b297aee58.md
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Passage SHA-256: f03cf95e370f4e8a1d932594cecf5ec18d9ca1367dfb6d8f1a63b238523a5729
Source location: Title 10, Chapter 275, § 3786; chapter-275-proprietary-contractor-data-and-rights-in-technical-data.md
Stored source content
In this subchapter, the term “use or release restriction”, with respect to technical data delivered to the United States under a contract subject to this section, means a restriction by the contractor or subcontractor on the right of the United States—
(1) to use such technical data; or
(2) to release or disclose such technical data to persons outside the Government or permit the use of such technical data by persons outside the Government.
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Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** At any time during proceedings under this chapter with respect to the removal of an officer from active duty, the Secretary of the military department concerned may grant a request by the officer—
(1) for voluntary retirement, if the officer is qualified for retirement; or
(2) for discharge in accordance with subsection (b)(2).
**(b)** An officer removed from active duty under [section 1184 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1184&num=0&edition=prelim) shall—
(1) if eligible for voluntary retirement under any provision of law on the date of such removal, be retired in the grade and with the retired pay for which he would be eligible if retired under such provision; and
(2) if ineligible for voluntary retirement under any provision of law on the date of such removal—
(A) be honorably discharged in the grade then held, in the case of an officer whose case was brought under subsection (a) of [section 1181 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1181&num=0&edition=prelim); or
(B) be discharged in the grade then held, in the case of an officer whose case was brought under subsection (b) of [section 1181 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1181&num=0&edition=prelim).
**(c)** An officer who is discharged under subsection (b)(2) is entitled, if eligible therefor, to separation pay under [section 1174(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1174/a/2&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1186
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Except as provided in subsection (b), each board convened under this chapter shall consist of officers appointed as follows:
(1) Each member of the board shall be an officer of the same armed force as the officer being required to show cause for retention on active duty.
(2) Each member of the board shall be in a grade above major or lieutenant commander, except that at least one member of the board shall be in a grade above lieutenant colonel or commander.
(3) Each member of the board shall be senior in grade to any officer to be considered by the board.
**(b) Retired Officers.—** If qualified officers are not available in sufficient numbers to comprise a board convened under this chapter, the Secretary of the military department concerned shall complete the membership of the board by appointing to the board retired officers of the same armed force. A retired officer may be appointed to such a board only if the retired grade of that officer—
(1) is above major or lieutenant commander or, in the case of an officer to be the senior officer of the board, above lieutenant colonel or commander; and
(2) is senior to the grade of any officer to be considered by the board.
**(c) Ineligibility by Reason of Previous Consideration of Same Officer.—** No person may be a member of more than one board convened under this chapter to consider the same officer.
**(d) Exclusion From Strength Limitation.—** A retired general or flag officer who is on active duty for the purpose of serving on a board convened under this chapter shall not, while so serving, be counted against any limitation on the number of general and flag officers who may be on active duty.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1187
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Contracts Covered by Subchapter.—** This subchapter 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 subject to this subchapter 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 [section 3786 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3786&num=0&edition=prelim)) 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 subchapter.
(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3781
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Decision by Contracting Officer.—**
(1) Upon failure by the contractor or subcontractor to submit any response under [section 3782(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3782/c&num=0&edition=prelim), the contracting officer shall issue a decision pertaining to the validity of the asserted restriction.
(2) After review of any justification submitted in response to the notice provided pursuant to [section 3782(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3782/c&num=0&edition=prelim), the contracting officer shall, within 60 days of receipt of any justification submitted, issue a decision or notify the party asserting the restriction of the time within which a decision will be issued.
**(b) Claims.—** If a claim pertaining to the validity of the asserted restriction is submitted in writing to a contracting officer by a contractor or subcontractor at any tier, such claim shall be considered a claim within the meaning of chapter 71 of title 41.
**(c) Rights and Liability Upon Final Disposition.—**
(1) If, upon final disposition, the contracting officer’s challenge to the use or release restriction is sustained—
(A) the restriction shall be cancelled; and
(B) if the asserted restriction is found not to be substantially justified, the contractor or subcontractor asserting the restriction shall be liable to the United States for payment of the cost to the United States of reviewing the asserted restriction and the fees and other expenses (as defined in [section 2412(d)(2)(A) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section2412/d/2/A&num=0&edition=prelim)) incurred by the United States in challenging the asserted restri
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3785
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in [section 1186 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1186&num=0&edition=prelim), a commissioned officer of the Army who has at least 40 years of service computed under [section 7326 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section7326&num=0&edition=prelim) shall be retired upon his request.
**(b)** Any warrant officer of the Army who has at least 40 years of service computed under [section 7326(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section7326/a&num=0&edition=prelim) shall be retired upon his request.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 7324
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Federal law — U.S. Code and appendices · legal_authorities
Page 2558
TITLE 10—ARMED FORCES
§ 3785
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section and amendment by Pub. L. 116–283 effective
Jan. 1, 2022, with additional provisions for delayed im-
plementation and applicability of existing law, see sec-
tion 1801(d) of Pub. L. 116–283, set out as an Effective
Date of 2021 Amendment note preceding section 3001 of
this title.
§ 3785. Technical data: decision by contracting
officer; claims; rights and liability upon final
disposition
(a) DECISION BY CONTRACTING OFFICER.—
(1) Upon failure by the contractor or subcon-
tractor to submit any response under section
3782(c) of this title, the contracting officer
shall issue a decision pertaining to the valid-
ity of the asserted restriction.
(2) After review of any justification sub-
mitted in response to the notice provided pur-
suant to section 3782(c) of this title, the con-
tracting officer shall, within 60 days of receipt
of any justification submitted, issue a decision
or notify the party asserting the restriction of
the time within which a decision will be
issued.
(b) CLAIMS.—If a claim pertaining to the valid-
ity of the asserted restriction is submitted in
writing to a contracting officer by a contractor
or subcontractor at any tier, such claim shall be
considered a claim within the meaning of chap-
ter 71 of title 41.
(c) RIGHTS AND LIABILITY UPON FINAL DISPOSI-
TION.—
(1) If, upon final disposition, the contracting
officer’s challenge to the use or release re-
striction is sustained—
(A) the restriction shall be cancelled; and
(B) if the asserted restriction is found not
to be substantially justified, the contractor
or subcontractor asserting the restriction
shall be liable to the United States for pay-
ment of the cost to the United Sta
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 3786
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.