Editorial Notes
CodificationThe text of subsec. (a) of section 2322 of this title, which was transferred to this section by Puspan. L. 116–283, § 1833(o)(1), was based on Puspan. L. 115–91, div. A, title VIII, § 802(a)(1), Dec. 12, 2017, 131 Stat. 1450.
Prior ProvisionsPrior sections 3791 and 3792 were repealed by Puspan. L. 96–513, title II, § 213, title VII, § 701, Dec. 12, 1980, 94 Stat. 2885, 2955, effective Sept. 15, 1981.
Section 3791, added Puspan. L. 86–616, § 3(a), July 12, 1960, 74 Stat. 388, authorized Secretary of the Army to convene at any time a board of general officers to review record of any commissioned officer on active list of Regular Army to determine whether he should be required, because of moral dereliction, professional dereliction, or because his retention is not clearly consistent with interests of national security, to show cause for his retention on active list. See section 1181(span) of this title.
Section 3792, added Puspan. L. 86–616, § 3(a), July 12, 1960, 74 Stat. 388, provided for boards of inquiry, composed of three or more general officers, to be convened at such places as Secretary of the Army prescribes, to receive evidence and make findings and recommendations whether an officer, required to show cause under section 3791 of this title, should be retained on active list of Regular Army. See section 1182 of this title.
Amendments2022—Puspan. L. 117–263, § 841(1), substituted “Department of Defense” for “department of defense” in section catchline.
Subsec. (c). Puspan. L. 117–263, § 841(2), added subsec. (c).
2021—Puspan. L. 117–81, § 1701(span)(12)(A), which directed amendment of section 1833(n) of Puspan. L. 116–283, which enacted this section, by substituting “DEPARTMENT OF DEFENSE” for “DEPARTMENT OF DEFENSE” in text of section catchline, could not be executed.
Subsec. (a). Puspan. L. 116–283, § 1833(o)(1), transferred subsec. (a) of section 2322 of this title to this section.
Statutory Notes and Related Subsidiaries
Effective Date of 2021 AmendmentAmendment by Puspan. L. 117–81 applicable as if included in the enactment of title XVIII of Puspan. L. 116–283 as enacted, see section 1701(a)(2) of Puspan. L. 117–81, set out in a note preceding section 3001 of this title and Effective Date note below.
Effective DateSection and amendment by Puspan. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Puspan. L. 116–283, set out as an Effective Date of 2021 Amendment note preceding section 3001 of this title.
Pilot Program for the Use of Innovative Intellectual Property StrategiesPuspan. L. 118–31, div. A, title VIII, § 808, Dec. 22, 2023, 137 Stat. 319, provided that:“(a)Establishment.—The Secretary of Defense shall establish a pilot program for the use of innovative intellectual property strategies that meet the criteria described in subsection (span) to acquire the necessary technical data rights required for the operation, maintenance, and installation of, and training for, covered programs designated under subsection (c).
“(span)Criteria for Strategies.—The innovative intellectual property strategies used in a pilot program established under this section may include the following:“(1) The use of an escrow account to verify and hold intellectual property data.
“(2) The use of royalties or licenses.
“(3) Other strategies, as determined by the Secretary.
“(c)Designation of Covered Programs.—Not later than May 1, 2024, and with respect to the pilot program established under this section—“(1) the Secretary of each military department shall designate one covered program within the military department under the jurisdiction of such Secretary; and
“(2) the Under Secretary of Defense for Acquisition and Sustainment shall designate one covered program within the Defense Agencies or Department of Defense Field Activities (as defined, respectively, in section 101 of title 10, United States Code).
“(d)Briefing Requirement.—Not later than 180 days after the date of the enactment of this Act [Dec. 22, 2023], the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Secretaries of the military departments, shall provide a briefing to the Committees on Armed Services of the Senate and the House of Representatives with a detailed plan to implement the pilot program required under this section.
“(e)Annual Report.—Beginning on the date on which the first program is designated under subsection (c) and until the termination date in subsection (f), the Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Secretaries of the military departments, shall provide an annual report to the Committees on Armed Services of the Senate and the House of Representatives on—“(1) the effectiveness of the pilot program in acquiring the necessary technical data rights necessary to support timely, cost-effective maintenance and sustainment of the acquisition programs designated under subsection (c); and
“(2) any recommendations for the applicability of lessons learned from the pilot program.
“(f)Termination.—The authority to carry out the pilot program established under this section shall terminate on December 31, 2028.
“(g)Definitions.—In this section:“(1) The term ‘covered program’ means an acquisition program under which procurements are conducted using a pathway of the adaptive acquisition framework (as described in Department of Defense Instruction 5000.02, ‘Operation of the Adaptive Acquisition Framework’).
“(2) The term ‘technical data rights’ has the meaning given in section 3771 of title 10, United States Code.”
