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10 U.S.C. § 4892 — Availability of samples, drawings, information, equipment, materials, and certain services
Federal law — U.S. Code and appendices · legal_authorities
**(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
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Stable record: federal_law:legal_authorities:record_usc_92416747fdc0da15f09e4832
Source file: Laws/federal/codes/united-states-code/title-10/section-4892-availability-of-samples-drawings-information-equipment-materials-and-cer--ee26a75907.md
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Source location: Title 10, Chapter 385, § 4892; chapter-385-other-technology-base-policies-and-programs.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Prior Provisions
A prior section 2541 was renumbered [section 2551 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2551&num=0&edition=prelim).
Another prior section 2541 was renumbered [section 4892 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4892&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2541
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
<a id="section-2540"></a>
Source: U.S. Code supplied Markdown snapshot · 10 U.S.C. § 2539b
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Federal law — U.S. Code and appendices · legal_authorities
Page 2917
TITLE 10—ARMED FORCES
§ 4892
8, 1950, ch. 932, as added by Pub. L. 100–418, title V,
§ 5021, Aug. 23, 1988, 102 Stat. 1425, which is classified to
section 4565(a) of Title 50, War and National Defense.
Section 721(a) of the Act was struck out, and a new sec-
tion 721(a) was added, by Pub. L. 110–49, § 2, July 26,
2007, 121 Stat. 246. As so added, section 721(a) does not
refer to investigations by the President or the Presi-
dent’s designee.
AMENDMENTS
2021—Pub. L. 116–283 renumbered section 2537 of this
title as this section.
2017—Subsecs. (b), (c). Pub. L. 115–91 redesignated
subsec. (c) as (b) and struck out former subsec. (b)
which required annual reports to Congress regarding
the information collected under subsec. (a).
2016—Subsec. (c). Pub. L. 114–328 substituted ‘‘(50
U.S.C. 4565(a))’’ for ‘‘(50 U.S.C. App. 2170(a))’’.
2002—Subsec.
(a).
Pub.
L.
107–314
substituted
‘‘$10,000,000’’ for ‘‘$100,000’’.
1993—Subsec. (a). Pub. L. 103–35, § 201(d)(5), sub-
stituted ‘‘respectively, that’’ for ‘‘respectively, which’’.
Subsec. (d). Pub. L. 103–35, § 201(h)(2), struck out sub-
sec. (d) which read as follows: ‘‘In this section, the term
‘defense critical technology’ has the meaning provided
that term by section 2491(8) of this title.’’
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.
§ 4892. Availability of samples, drawings, infor-
mation, equipment, materials, and certain
services
(a) AUTHORITY.—The Secretary of Defense and
the Secretaries of the military departments,
un
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 4892
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