US Code

Public Law 119-88 (05/04/2026)

10 U.S.C. § 3785

Technical data: decision by contracting officer; claims; rights and liability upon final disposition

(a)

Decision by Contracting Officer.—

(1)
section 3782(c) of this title Upon failure by the contractor or subcontractor to submit any response under , the contracting officer shall issue a decision pertaining to the validity of the asserted restriction.
(2)
section 3782(c) of this title After review of any justification submitted in response to the notice provided pursuant to , 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)
section 2412(d)(2)(A) of title 28 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 ) incurred by the United States in challenging the asserted restriction, unless special circumstances would make such payment unjust.
(2)
If, upon final disposition, the contracting officer’s challenge to the use or release restriction is not sustained—
(A)
the United States shall continue to be bound by the restriction; and
(B)
section 2412(d)(2)(A) of title 28 the United States shall be liable for payment to the party asserting the restriction for fees and other expenses (as defined in ) incurred by the party asserting the restriction in defending the asserted restriction if the challenge by the United States is found not to be made in good faith.

Pub. L. 116–283, div. A, title XVIII, § 1833(g)l134 Stat. 4231 (Added and amended , (), , , 4233.)

Editorial Notes

Codification

section 2321 of this titlePub. L. 116–283, § 1833lPub. L. 98–525, title XII, § 1216(a)98 Stat. 2597 Pub. L. 100–26, § 7(a)(5)(A)(i)101 Stat. 276 Pub. L. 103–355, title VIII, § 8106(b)(1)108 Stat. 3393 The text of subsec. (g) of , which was transferred to this section, redesignated as subsec. (a), and amended by ()(1), (2), was based on , , ; , (C), , , 277; , , .

section 2321 of this titlePub. L. 116–283, § 1833lPub. L. 98–525, title XII, § 1216(a)98 Stat. 2598 Pub. L. 100–26, § 7(a)(5)(A)(i)101 Stat. 276 Pub. L. 103–355, title VIII, § 8106(b)(1)108 Stat. 3393 Pub. L. 111–350, § 5(b)(18)124 Stat. 3844 The text of subsec. (h) of , which was transferred to this section, redesignated as subsec. (b), and amended by ()(1), was based on , , ; , (D), , , 277; , , ; , , .

section 2321 of this titlePub. L. 116–283, § 1833lPub. L. 98–525, title XII, § 1216(a)98 Stat. 2598 Pub. L. 100–26, § 7(a)(5)(A)(i)101 Stat. 276 Pub. L. 103–355, title VIII, § 8106(b)(1)108 Stat. 3393 Pub. L. 115–232, div. A, title VIII132 Stat. 1901 Pub. L. 116–92, div. A, title VIII, § 808(b)133 Stat. 1486 The text of subsec. (i) of , which was transferred to this section, redesignated as subsec. (c), and amended by ()(1), (3), was based on , , ; , (E), , , 277; , , ; , 866(a), , ; , , .

Prior Provisions

act Aug. 10, 1956, ch. 1041 70A Stat. 219 Pub. L. 86–616, § 2(a)74 Stat. 387 Pub. L. 96–513, title II, § 21394 Stat. 2885 section 1185 of this titleA prior section 3785, , ; , , , provided that each officer under consideration for removal from active list of Regular Army under this chapter be given written notification, at least 30 days prior to a board of inquiry hearing, that he is being required to show cause for retention on active list, be allowed reasonable time to prepare a defense, be allowed to appear in person and by counsel at proceedings before a board of inquiry, and be allowed full access to, and furnished copies of, records relevant to his case at all stages of proceeding, prior to repeal by , title VII, § 701, , , 2955, effective . See .

Amendments

Pub. L. 116–283, § 1833lsection 2321 of this titlesection 3782(c) of this title2021—Subsec. (a). ()(1), (2), redesignated subsec. (g) of as subsec. (a) of this section, substituted “” for “subsection (d)(3)” in two places, and realigned margins of pars. (1) and (2). Amendment directing substitution of “(1) Upon failure” for “(1) Upon failure” as part of margin realignment was executed by substituting “(1) Upon failure” for “(1) Upon a failure” to reflect the probable intent of Congress.

Pub. L. 116–283, § 1833lsection 2321 of this titleSubsec. (b). ()(1), redesignated subsec. (h) of as subsec. (b) of this section.

Pub. L. 116–283, § 1833lsection 3786 of this titleSubsec. (c). ()(3), which directed amendment of subsec. (c) of by realigning the margins of pars. (1) and (2), was executed to subsec. (c) of this section to reflect the probable intent of Congress.

Pub. L. 116–283, § 1833lsection 2321 of this title()(1), redesignated subsec. (i) of as subsec. (c) of this section.

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 .