US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 3309

Prohibition on release of contractor proposals

(a)

Definition .—

In this section, the term “proposal” means any proposal, including a technical, management, or cost proposal, submitted by a contractor in response to the requirements of a solicitation for a competitive proposal.
(b)

Prohibition .—

section 3063 of this titlesection 552 of title 5Except as provided in subsection (c), a proposal in the possession or control of an agency named in may not be made available to any person under .
(c)

Inapplicability .—

Subsection (b) does not apply to any proposal that is set forth or incorporated by reference in a contract entered into between the Department and the contractor that submitted the proposal.

Pub. L. 116–283, div. A, title XVIII, § 1816(d)134 Stat. 4185(Added and amended , (f), , .)

Editorial Notes

Codification

section 2305 of this titlePub. L. 116–283, § 1816(f)Pub. L. 104–201, div. A, title VIII, § 821(a)110 Stat. 2609Pub. L. 106–65, div. A, title VIII, § 821113 Stat. 714The text of subsec. (g) of , which was transferred to this section and amended by , was based on , , ; , , .

Prior Provisions

act Aug. 10, 1956, ch. 104170A Stat. 192Pub. L. 96–513, title II, § 20494 Stat. 2880section 624 of this titleA prior section 3309, , , provided that President prescribe a system of physical examination for all commissioned officers of Regular Army in grades below brigadier general to determine their fitness for promotion in Regular Army, prior to repeal by , title VII, § 701, , , 2955, effective . See .

act Aug. 10, 1956, ch. 104170A Stat. 192Pub. L. 115–232, div. A, title V, § 511(a)132 Stat. 1751A prior section 3310, , , provided that original appointments as warrant officers in the Regular Army were to be made from persons who have served on active duty at least one year in the Army, prior to repeal by , , .

Aug. 10, 1956, ch. 104170A Stat. 192Pub. L. 85–861, § 1(60)72 Stat. 1462Pub. L. 95–485, title VIII, § 820(d)(4)92 Stat. 1627A prior section 3311, acts , ; , , , provided that with the exception of those appointed as commissioned officers in Medical Corps, Dental Corps, Medical Service Corps, Veterinary Corps, Army Nurse Corps, or Army Medical Specialist Corps, women be appointed as commissioned officers in Regular Army only in Women’s Army Corps, prior to repeal by , , .

Pub. L. 96–513, title II, § 20494 Stat. 2880Prior sections 3312 to 3314 were repealed by , title VII, § 701, , , 2955, effective .

act Aug. 10, 1956, ch. 104170A Stat. 193section 626 of this titleSection 3312, , , provided that an officer who is promoted in Regular Army is considered to have accepted his promotion on date of the order announcing it, unless he expressly declines it, without the need to take oath of office upon promotion if his service since last taking it has been continuous. See .

act Aug. 10, 1956, ch. 104170A Stat. 193Section 3313, , , provided that in time of war or national emergency declared by Congress or President, President may suspend operation of provision of law relating to promotion, mandatory retirement, or separation of commissioned officers of the Regular Army. See section 123(a) and (b) of this title.

Pub. L. 85–861, § 1(79)(A)72 Stat. 1467section 624 of this titleSection 3314, added , , , provided that promotion to a higher grade of a commissioned officer of Regular Army who is on a recommendation list awaiting promotion not be withheld or delayed because of original appointment of any other person to a commissioned grade in Regular Army and that this section does not apply to appointments in Medical Corps, Dental Corps, Army Nurse Corps, or Army Medical Specialist Corps. See .

Amendments

Pub. L. 116–283, § 1816(f)(1)(A)section 2305 of this title2021—, transferred subsec. (g) of to this section and struck out subsec. (g) designation and heading “Prohibition on Release of Contractor Proposals” at beginning.

Pub. L. 116–283, § 1816(f)(1)(B)section 2305(g) of this titleSubsec. (a). , (C), (2), redesignated par. (3) of former as subsec. (a) of this section, moved it to the beginning, inserted heading, and substituted “In this section,” for “In this subsection,”.

Pub. L. 116–283, § 1816(f)(1)(B)section 2305(g) of this titleSubsec. (b). , (3), redesignated par. (1) of former as subsec. (b) of this section, inserted heading, and substituted “subsection (c),” for “paragraph (2),” and “section 3063” for “section 2303”.

Pub. L. 116–283, § 1816(f)(1)(B)section 2305(g) of this titleSubsec. (c). , (4), redesignated par. (2) of former as subsec. (c) of this section, inserted heading, and substituted “Subsection (b)” for “Paragraph (1)”.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 116–283section 1801(d) of Pub. L. 116–283section 3001 of this titleSection and amendment by effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as an Effective Date of 2021 Amendment note preceding .