10 U.S.C. § 3013
Technical data
In any chapter 137 legacy provision, the term “technical data” means recorded information (regardless of the form or method of the recording) of a scientific or technical nature (including computer software documentation) relating to supplies procured by an agency. Such term does not include computer software or financial, administrative, cost or pricing, or management data or other information incidental to contract administration.
Notes of Decisions
Cited in 22
cases (2 in the last 5 years), 1982–2025 · leading case: United States v. Lieutenant Colonel DAVID P. BARTLETT, JR., 64 M.J. 641 (A.C.C.A. 2007).
United States v. Lieutenant Colonel DAVID P. BARTLETT, JR., 64 M.J. 641 (A.C.C.A. 2007). “” The military judge noted that 10 U.S.C. § 3013 created the Secretary of the Army’s position and statutorily empowered him to “assign, detail, and prescribe the duties of members of the Army” and to “pre *645 scribe regulations to carry out his functions, powers, and duties .”
William O. Schism & Robert Reinlie v. United States, 316 F.3d 1259 (Fed. Cir. 2002). “The government counters that the plaintiffs had not raised this argument before appeal, implying that they had therefore waived the argument.”
United States v. Bartlett, 66 M.J. 426 (C.A.A.F. 2008). “Subsection (g), in pertinent part, states: (g) The Secretary of the Army may -- (1) assign, detail, and prescribe the duties of members of the Army and civilian personnel of the Department of the Army; .”
United States v. Master Sergeant TIMOTHY B. HENNIS, 75 M.J. 796 (A.C.C.A. 2016). “Not surprisingly, 10 U.S.C. § 3013 , which vests in the Secretary of the Army a broad landscape of authorities and responsibilities, *805 specifically authorizes the Secretary to delegate authorities to subordinate Army officials: The Secretary of the Army may assign such of his…”
McMullen v. United States, 50 Fed. Cl. 718 (Fed. Cl. 2001). “Under this regulation, the Secretary of the Army authorized the Director, Army Council of Review Boards, to operate the DAADB as a “tool for ensuring that only an RC [Reserve Component] officer who consistently maintains high standards of performance, efficiency, morality, and…”
Clark v. United States, 93 Fed. Cl. 756 (Fed. Cl. 2010). “” More specifically, the government contends that Congress has mandated that any training prescribed by the Secretary of the Amy or Secretary of the Mr Force is “[s]ubject to the authority, direction, and control of the Secretary of Defense” under 10 U.S.C. § 3013 (b) (1986) 30…”
United States v. Mango, 997 F. Supp. 264 (N.D.N.Y. 1998). “The government attempts to overcome the CWA’s lack of a general rule-making provision by relying upon 10 U.S.C. § 3013 (g)(3) which is almost identical to the provision relied upon by the Court in Fleming to distinguish that case from Cudahy Packing.”
James E. Foreman v. Dep't of the Army, 241 F.3d 1349 (Fed. Cir. 2001). “, 10 U.S.C. § 3013 (1994) (establishing the Secretary of the Army under the direction of the Secretary of the Defense).”
William O. Schism & Robert L. Reinlie v. United States, 239 F.3d 1280 (Fed. Cir. 2001). “, 10 U.S.C. §§ 3013 , 5013, 8013 (1994) (The secretaries have “the authority necessary to conduct, all affairs of the Department[s] .”
Smith v. Dep't of the Air Force, 638 F. App'x 992 (Fed. Cir. 2016). “3d at 1280 (citing 10 U.S.C. § 3013 (c)(3)). Thus, as explained in NFFE, it was reasonable for the DOD to consider its budget holistically when faced with sequestration, rather than isolating components—or, as here, accounts—of a military department.”
John Buttrey & John Buttrey Developments, Inc. v. United States of Am., 690 F.2d 1186 (5th Cir. 1982). “Civilian control is also effected by 10 U.S.C. § 3013 , which requires that the Assistant Secretary of the Army for Civil Works, whose principal duty is supervision of Army functions relating to water resources conservation and development, “be appointed from civilian life by…”
United States v. California Dep't of Transp., 767 F. Supp. 2d 1012 (N.D. Cal. 2011). “In accordance with 10 U.S.C. § 3013 , the Secretary of the Army is responsible for all matters relating to the Department of the Army.”
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