§4892 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of Defense and the leaders of each military branch can sell, rent, lend, or give out samples, drawings, and manufacturing information (while respecting others’ rights). They can also provide government equipment or materials for independent research (only for that research) or for demonstrations to friendly foreign governments. They may offer the use of government labs, ranges, and testing facilities for a fee, and they can lease or contract out facilities and services so long as doing so does not directly compete with U.S. private businesses. Test results from paid government testing are kept confidential and cannot be shared outside the federal government without the customer’s permission. Fees for testing and facility use are set by regulation and cannot be higher than needed to recover the direct and indirect costs (for example, utilities, contractor support, and staff pay). Money collected can be put back into the budgets or funds of the activity that provided the service.

Title 10, §4892

Armed Forces — Source: USLM XML via OLRC

(a)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)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 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)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