Statutes, codes, and regulations
United States Code
Title 10 - ARMED FORCESSubtitle A - GENERAL MILITARY LAWPart V - ACQUISITIONSubpart I - DEFENSE INDUSTRIAL BASEChapter 385 - OTHER TECHNOLOGY BASE POLICIES AND PROGRAMS
Subchapter V - OTHER MATTERS
Section 4892 - Availability of samples, drawings, information, equipment, materials, and certain services

10 U.S.C. § 4892

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Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 4892 - Availability of samples, drawings, information, equipment, materials, and certain services
(a) AUTHORITY.-The Secretary of Defense and the Secretaries of the military departments, under regulations prescribed by the Secretary of Defense and when determined by the Secretary of Defense or the Secretary concerned to be in the interest of national defense, may each-
(1) sell, rent, lend, or give samples, drawings, and manufacturing or other information (subject to the rights of third parties) to any person or entity;
(2) sell, rent, or lend government equipment or materials to any person or entity-
(A) for use in independent research and development programs, subject to the condition that the equipment or material be used exclusively for such research and development; or
(B) for use in demonstrations to a friendly foreign government;
(3) make available to any person or entity, at an appropriate fee, the services of any government laboratory, center, range, or other testing facility for the testing of materials, equipment, models, computer software, and other items; and
(4) make available to any person or entity, through leases, contracts, or other appropriate arrangements, facilities, services, and equipment of any government laboratory, research center, or range, if the facilities, services, and equipment provided will not be in direct competition with the domestic private sector.
(b) CONFIDENTIALITY OF TEST RESULTS.-The results of tests performed with services made available under subsection (a)(3) are confidential and may not be disclosed outside the Federal Government without the consent of the persons for whom the tests are performed.
(c) FEES.-Fees made available under subsections (a)(3) and (a)(4) shall be established in the regulations prescribed pursuant to subsection (a). Such fees may not exceed the amount necessary to recoup the direct and indirect costs involved, such as direct costs of utilities, contractor support, and salaries of personnel that are incurred by the United States to provide for the testing.
(d) USE OF FEES.-Fees received under subsections (a)(3) and (a)(4) may be credited to the appropriations or other funds of the activity making such services available.

10 U.S.C. § 4892

Added Pub. L. 103-160, div. A, title VIII, §822(b)(1), Nov. 30, 1993, 107 Stat. 1705, §2541; renumbered §2539b, Pub. L. 103-337, div. A, title X, §1070(a)(13)(A), Oct. 5, 1994, 108 Stat. 2856; amended Pub. L. 103-355, §3022, Oct. 13, 1994, 108 Stat. 3333; Pub. L. 104-106, div. A, title VIII, §804, div. D, title XLIII, §4321(a)(8), Feb. 10, 1996, 110 Stat. 390, 671; Pub. L. 106-65, div. A, title X, §1066(a)(23), Oct. 5, 1999, 113 Stat. 771; Pub. L. 110-181, div. A, title II, §232, Jan. 28, 2008, 122 Stat. 46; renumbered §4892, Pub. L. 116-283, div. A, title XVIII, §1870(f)(2), Jan. 1, 2021, 134 Stat. 4287.

EDITORIAL NOTES

AMENDMENTS2021- Pub. L. 116-283 renumbered section 2539b of this title as this section. 2008-Subsec. (a)(4). Pub. L. 110-181, §232(1), added par. (4).Subsec. (c). Pub. L. 110-181, §232(2), struck out "for services" before "made available" and substituted "subsections (a)(3) and (a)(4)" for "subsection (a)(3)".Subsec. (d). Pub. L. 110-181, §232(3), struck out "for services made available" after "Fees received" and substituted "subsections (a)(3) and (a)(4)" for "subsection (a)(3)". 1999-Subsec. (a). Pub. L. 106-65 substituted "Secretaries of the military departments" for "secretaries of the military departments".1996-Subsec. (a). Pub. L. 104-106, §4321(a)(8), made technical correction to Pub. L. 103-355, §3022 . See 1994 Amendment note below.Subsec. (c). Pub. L. 104-106, §804, inserted "and indirect" after "recoup the direct". 1994- Pub. L. 103-337 renumbered section 2541 of this title as section 2539b.Subsec. (a). Pub. L. 103-355, §3022, as amended by Pub. L. 104-106, §4321(a)(8), inserted "rent," after "sell," in par. (1) and ",rent," after "sell" in par. (2).

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2021 AMENDMENT 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 a note preceding section 3001 of this title.

EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104-106, div. D, title XLIII, §4321(a), Feb. 10, 1996, 110 Stat. 671, provided that the amendment made by that section is effective as of Oct. 13, 1994, and as if included in Pub. L. 103-355 as enacted.

Secretary concerned
The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
military departments
The term "military departments" means the Department of the Army, the Department of the Navy, and the Department of the Air Force.