§ 4892. Availability of samples, drawings, information, equipment, materials, and certain services

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1993

   Pub. L. 103–160 div. A title VIII § 822(b)(1) · 107 Stat. 1547

   Enacted · 10 U.S.C. § 4892

   Added Pub. L. 103–160, div. A, title VIII, § 822(b)(1), Nov. 30, 1993, 107 Stat. 1705, § 2541

   Source evidence

   Code source credit
   Added Pub. L. 103–160, div. A, title VIII, § 822(b)(1), Nov. 30, 1993, 107 Stat. 1705, § 2541

   Enacted provision · exact public law section
   (1) Subchapter V of chapter 148 of title 10, United States Code, is further amended by adding at the end the following: “§ 2541. 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, lend, or give samples, drawings, and manufacturing or other information (subject to the rights of third parties) to any person or entity; “(2) sell 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; and “(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. “(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 for services made available under subsection (a)(3) shall be established in the regulations prescribed pursuant to subsection (a). Such fees may not exceed the amount necessary to recoup the direct 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 for services made available under subsection (a)(3) may be credited to the appropriations or other funds of the activity making such services available.”.

2. 1994

   National Defense Authorization Act for Fiscal Year 1995

   Pub. L. 103–337 div. A title X § 1070(a)(13)(A) · 108 Stat. 2663

   Changed · 10 U.S.C. § 4892

   Pub. L. 103–337 renumbered section 2541 of this title as section 2539b

   Source evidence

   Code amendment note
   Pub. L. 103–337 renumbered section 2541 of this title as section 2539b.

   Enacted provision · exact public law section
   (A) Section 2540, as added by subsection (a) of section 822 of Public Law 103–160 (107 Stat. 1705), and section 2541, as added by subsection (b) of that section, are redesignated as sections 2539a and 2539b, respectively.

3. 1994

   Pub. L. 103–355 § 3022 · 108 Stat. 3243

   1. Amended · 10 U.S.C. § 4892(a)

      Pub. L. 103–355, § 3022, as amended by Pub. L. 104–106, § 4321(a)(8)

   2. Inserted · 10 U.S.C. § 4892(a)

      Pub. L. 103–355, § 3022, as inserted “rent,” after “sell,” in par. (1) and “, rent,” after “sell” in par. (2)

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   SEC. 3022. AUTHORITY TO RENT SAMPLES, DRAWINGS, AND OTHER INFORMATION TO OTHERS. Subsection (a) of section 2539b of title 10, United States Code, as redesignated by section 1070(a)(13)(A) of the National Defense Authorization Act for Fiscal Year 1995, is amended by inserting “rent,” after “sell,” each place it appears in paragraphs (1) and (2).

4. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 § 4321(a)(8) · 110 Stat. 186

   Changed · 10 U.S.C. § 4892(a)

   Pub. L. 104–106, § 4321(a)(8), made technical correction to Pub. L. 103–355, § 3022. See 1994 Amendment note below

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 104–106, § 4321(a)(8), made technical correction to Pub. L. 103–355, § 3022. See 1994 Amendment note below.

   Enacted provision · exact public law section
   (8) Section 3022 (108 Stat. 3333) is amended by 10 USC 2539b. striking out “each place” and all that follows through the end of the section and inserting in lieu thereof “in paragraph (1) and ‘, rent,’ after ‘sell’ in paragraph (2).”.

5. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 § 804 · 110 Stat. 186

   Inserted · 10 U.S.C. § 4892(c)

   Pub. L. 104–106, § 804, inserted “and indirect” after “recoup the direct”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 104–106, § 804, inserted “and indirect” after “recoup the direct”.

   Enacted provision · exact public law section
   SEC. 804. FEES FOR CERTAIN TESTING SERVICES. Section 2539b(c) of title 10, United States Code, is amended by inserting “and indirect” after “recoup the direct” in the second sentence.

6. 1999

   Pub. L. 106–65 div. A title X § 1066(a)(23) · 113 Stat. 512

   Substituted · 10 U.S.C. § 4892(a)

   Pub. L. 106–65 substituted “Secretaries of the military departments” for “secretaries of the military departments”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 106–65 substituted “Secretaries of the military departments” for “secretaries of the military departments”.

   Enacted provision · exact public law section
   (23) Section 2539b(a) is amended by striking “secretaries of the military departments” and inserting “Secretaries of the military departments”.

7. 2008

   National Defense Authorization Act for Fiscal Year 2008

   Pub. L. 110–181 § 232(1) · 122 Stat. 3

   Added · 10 U.S.C. § 4892(a)(4)

   Pub. L. 110–181, § 232(1), added par. (4)

   Source evidence

   Code amendment note
   Subsec. (a)(4). Pub. L. 110–181, § 232(1), added par. (4).

   Enacted provision · exact public law section
   (1) in subsection (a)— (A) in paragraph (2) by striking “and” at the end; (B) in paragraph (3) by striking the period at the end and inserting “; and”; and (C) by adding at the end the following: “(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.” ;

8. 2008

   National Defense Authorization Act for Fiscal Year 2008

   Pub. L. 110–181 § 232(2) · 122 Stat. 3

   1. Struck · 10 U.S.C. § 4892(c)

      Pub. L. 110–181, § 232(2), struck out “for services” before “made available”

   2. Substituted · 10 U.S.C. § 4892(c)

      Pub. L. 110–181, § 232(2), substituted “subsections (a)(3) and (a)(4)” for “subsection (a)(3)”

   Source evidence

   Code amendment note
   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)”.

   Enacted provision · exact public law section
   (2) in subsection (c)— (A) by striking “for services”; and (B) by striking “subsection (a)(3)” and inserting “subsections (a)(3) and (a)(4)”; and

9. 2008

   National Defense Authorization Act for Fiscal Year 2008

   Pub. L. 110–181 § 232(3) · 122 Stat. 3

   1. Struck · 10 U.S.C. § 4892(d)

      Pub. L. 110–181, § 232(3), struck out “for services made available” after “Fees received”

   2. Substituted · 10 U.S.C. § 4892(d)

      Pub. L. 110–181, § 232(3), substituted “subsections (a)(3) and (a)(4)” for “subsection (a)(3)”

   Source evidence

   Code amendment note
   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)”.

   Enacted provision · exact public law section
   (3) in subsection (d)— (A) by striking “for services made available”; and (B) by striking “subsection (a)(3)” and inserting “subsections (a)(3) and (a)(4)”.

10. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 div. A title XVIII § 1870(f)(2) · 134 Stat. 3388

    Changed · 10 U.S.C. § 4892

    Pub. L. 116–283 renumbered section 2539b of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 116–283 renumbered section 2539b of this title as this section.

    Enacted provision · exact public law section
    (2) Transfer and redesignation of sections 2537 and 2539b.— Sections 2537 and 2539b of title 10, United States Code, are transferred to chapter 385 of such title, as added by subsection (a), inserted (in that order) after the table of sections at the beginning of subchapter V, and redesignated as sections 4891 and 4892, respectively.

    Effective date note
    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.

13 of 13 references resolved to an enrolled provision