10 U.S.C. § 4892: Availability of samples…

Summary

The Secretary of Defense and the heads of the military departments can, when it helps national defense, provide or sell samples, drawings, and manufacturing or other information (as long as doing so does not violate others’ rights). They can also lend, rent, or sell government equipment or materials for exclusive use in independent research and development or for demonstrations to friendly foreign governments. They may let people use military labs, test ranges, and other facilities for a fee. They can lease or contract out facilities and services so long as those offerings do not directly compete with private firms. Test results from paid testing are private and cannot be released outside the federal government without the tested party’s permission. Fees for lab and facility use are set by rules and can only cover the direct and indirect costs (for example utilities, contractor help, and staff pay). Collected fees may go back into the accounts of the activity that provided the service.

Title 10, §4892

Armed Forces, Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2021—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 AmendmentAmendment 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.

§4892 Availability of Samples, Drawings, Information, Equipment, Materials, and Certain Services

Summary

Title 10, §4892

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata