10 U.S.C. § 4892 — Availability of samples, drawings, information, equipment, materials, and certain services

submitted 33 years ago by Pub. L. 103-160 to r/title-10-ARMED-FORCES · 333 words · no verdicts yet

in plain englishAI-generated · not legal advice

Subject to regulations and a national-defense finding, Defense officials may provide samples, information, equipment, facilities, and testing services. Test results are protected and fees are limited and reusable.

(a) Under Defense regulations and a national-defense finding, Defense and military-department Secretaries may sell, rent, lend, or give samples, drawings, and information subject to third-party rights; sell, rent, or lend equipment or materials for exclusive independent research and development or friendly-foreign-government demonstrations; provide testing-facility services for an appropriate fee; and provide laboratory, research-center, or range facilities, services, and equipment by lease, contract, or other arrangement when they do not directly compete with domestic private business. (b) Test results from the testing service are confidential and cannot leave the Federal Government without the tested persons’ consent. (c) Regulations must set fees no higher than direct and indirect cost recovery, including utilities, contractor support, and salaries. (d) Fees may be credited to the providing activity’s appropriations or other funds.

the actual law source: uscode.house.gov ↗public domain

(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.

Source credit: (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, title III, § 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.)

history & why it existsrecord from the source credit

1993Enacted · Pub. L. 103-160 · 107 Stat. 1705
1994Amended · Pub. L. 103-337 · 108 Stat. 2856
1994Amended · Pub. L. 103-355 · 108 Stat. 3333
1996Amended · Pub. L. 104-106 · 110 Stat. 390, 671
1999Amended · Pub. L. 106-65 · 113 Stat. 771
2008Amended · Pub. L. 110-181 · 122 Stat. 46
2021Amended · Pub. L. 116-283 · 134 Stat. 4287

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-160 on 1993-11-30.

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