10 U.S.C. § 3786

Use or release restriction: definition

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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.(Added and amended Pub. L. 116–283, div. A, title XVIII, § 1833(g), (m), Jan. 1, 2021, 134 Stat. 4231, 4233.)Editorial NotesCodification

The text of subsec. (j) of section 2321 of this title, which was transferred to this section and amended by Pub. L. 116–283, § 1833(m), was based on Pub. L. 100–26, § 7(a)(5), Apr. 21, 1987, 101 Stat. 277; Pub. L. 100–180, div. A, title XII, § 1231(6), Dec. 4, 1987, 101 Stat. 1160; Pub. L. 103–355, title VIII, § 8106(b)(1), Oct. 13, 1994, 108 Stat. 3393.

Prior Provisions

Prior sections 3786 and 3787 were repealed by Pub. L. 96–513, title II, § 213, title VII, § 701, Dec. 12, 1980, 94 Stat. 2885, 2955, effective Sept. 15, 1981.

Section 3786, acts Aug. 10, 1956, ch. 1041, 70A Stat. 219; July 12, 1960, Pub. L. 86–616, § 2(a), 74 Stat. 387, 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 3787, added Pub. L. 86–616, § 2(a), July 12, 1960, 74 Stat. 388, 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 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.

Amendments

2021—Pub. L. 116–283, § 1833(m), transferred subsec. (j) of section 2321 of this title to this section, struck out subsec. (j) designation and heading “Use or Release Restriction Defined” at beginning, and substituted “In this subchapter” for “In this section” in introductory provisions.

Statutory Notes and Related SubsidiariesEffective Date

Section and 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 an Effective Date of 2021 Amendment note preceding section 3001 of this title.

Notes of Decisions

Cited in 1 case, 1979–1979 · leading case: Font v. United States, 219 Ct. Cl. 334 (Ct. Cl. 1979).

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Font v. United States, 219 Ct. Cl. 334 (Ct. Cl. 1979). · cites it 3× “” 10 U.S.C. § 3786 (a) (1976). Subsection (b), in turn, declares that each officer removed from the active list of the Regular Army under Chapter 359 shall, if not eligible for voluntary retirement, "be honorably discharged in the grade then held with severance pay computed by…”

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