10 U.S.C. § 4892 — Availability of samples, drawings, infor-

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, 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 (sub- ject to the rights of third parties) to any per- son or entity; (2) sell, rent, or lend government equipment or materials to any person or entity— (A) for use in independent research and de- velopment programs, subject to the condi- tion that the equipment or material be used exclusively for such research and develop- ment; 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 gov- ernment 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 equip- ment of any government laboratory, research center, or range, if the facilities, services, and equipment provided will not be in direct com- petition 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 sub- sections (a)(3) and (a)(4) shall be established in the regulations prescribed pursuant to sub- section (a). Such fees may not exceed the amount necessary to recoup the direct and indi- rect costs involved, such as direct costs of utili- ties, contractor support, and salaries of per- sonnel that are incurred by the United States to provide for the testing. (d) USE OF FEES.—Fees received under sub- sections (a)(3) and (a)(4) may be credited to the appropriations or other funds of the activity making such services available. (Added Pub. L. 103–160, div. A, title VIII, § 822(b)(1), Nov. 30, 1993, 107 Stat. 1705, § 2541; re- numbered § 2539b, Pub. L. 103–337, div. A, title X, § 1070(a)(13)(A), Oct. 5, 1994, 108 Stat. 2856; amend- ed 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.) 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 sub- stituted ‘‘subsections (a)(3) and (a)(4)’’ for ‘‘subsection (a)(3)’’. 1999—Subsec. (a). Pub. L. 106–65 substituted ‘‘Secre- taries 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 indi- rect’’ 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 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. 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. Page 2918 TITLE 10—ARMED FORCES § 4901 CHAPTER 387—SMALL BUSINESS PROGRAMS Subchapter Sec. I. General .................................................. 4901 II. [Reserved] .............................................. 4991 Editorial Notes AMENDMENTS 2021—Pub. L. 117–81, div. A, title XVII, § 1701(i)(10)(A), Dec. 27, 2021, 135 Stat. 2143, amended Pub. L. 116–283, div. A, title XVIII, § 1871(a)(2), Jan. 1, 2021, 134 Stat. 4287, which added this analysis, by adding item for sub- chapter II. Statutory Notes and Related Subsidiaries PILOT PROGRAM FOR STREAMLINED TECHNOLOGY TRAN- SITION FROM THE SBIR AND STTR PROGRAMS OF THE DEPARTMENT OF DEFENSE Pub. L. 115–91, div. A, title XVII, § 1710, Dec. 12, 2017, 131 Stat. 1810, authorized the Secretary of Defense to establish a pilot program under which the Department was to award multiple award contracts to certain small business concerns for the purchase of technologies, sup- plies, or services that the small business concern had developed through the SBIR or STTR program, and provided that such pilot program would terminate on Sept. 30, 2023. MENTOR-PROTEGE PILOT PROGRAM Pub. L. 101–510, div. A, title VIII, § 831, Nov. 5, 1990, 104 Stat. 1607, as amended by Pub. L. 102–25, title VII, § 704(c), Apr. 6, 1991, 105 Stat. 119; Pub. L. 102–172, title VIII, § 8064A, Nov. 26, 1991, 105 Stat. 1186; Pub. L. 102–190, div. A, title VIII, § 814(b), Dec. 5, 1991, 105 Stat. 1425; Pub. L. 102–484, div. A, title VIII, §§ 801(h)(4), 807(b)(1), title X, § 1054(d), Oct. 23, 1992, 106 Stat. 2445, 2448, 2503; Pub. L. 103–160, div. A, title VIII, § 813(b)(1), (c), Nov. 30, 1993, 107 Stat. 1703; Pub. L. 104–106, div. A, title VIII, § 824, Feb. 10, 1996, 110 Stat. 399; Pub. L. 104–201, div. A, title VIII, § 802, Sept. 23, 1996, 110 Stat. 2604; Pub. L. 105–85, div. A, title VIII, § 821(a), title X, § 1073(c)(6), Nov. 18, 1997, 111 Stat. 1840, 1904; Pub. L. 106–65, div. A, title VIII, § 811(a)–(d)(1), (e), Oct. 5, 1999, 113 Stat. 706, 707, 709; Pub. L. 106–398, § 1 [[div. A], title VIII, § 807], Oct. 30, 2000, 114 Stat. 1654, 1654A–208; Pub. L. 107–107, div. A, title VIII, § 812, Dec. 28, 2001, 115 Stat. 1181; Pub. L. 108–375, div. A, title VIII, §§ 841(a), (b), 842, Oct. 28, 2004, 118 Stat. 2018, 2019; Pub. L. 112–10, div. A, title VIII, § 8016, Apr. 15, 2011, 125 Stat. 60; Pub. L. 112–81, div. A, title VIII, § 867, title X, § 1062(n), Dec. 31, 2011, 125 Stat. 1526, 1586; Pub. L. 112–239, div. A, title X, § 1076(a)(17), Jan. 2, 2013, 126 Stat. 1948; Pub. L. 113–291, div. A, title X, § 1071(b)(16), Dec. 19, 2014, 128 Stat. 3508; Pub. L. 114–92, div. A, title VIII, § 861(a), Nov. 25, 2015, 129 Stat. 921; Pub. L. 114–328, div. A, title XVIII, §§ 1813(b), 1823, Dec. 23, 2016, 130 Stat. 2652, 2656; Pub. L. 115–91, div. A, title XVII, § 1701(a)(4)(A), Dec. 12, 2017, 131 Stat. 1796, as amended by Pub. L. 116–283, div. A, title X, § 1081(e)(1), Jan. 1, 2021, 134 Stat. 3874; Pub. L. 115–232, div. A, title VIII, § 812(a)(2)(C)(ii), Aug. 13, 2018, 132 Stat. 1846; Pub. L. 116–92, div. A, title VIII, § 872(a)(1), (2), (b), (c), Dec. 20, 2019, 133 Stat. 1526; Pub. L. 116–283, div. A, title XVIII, § 1806(e)(3)(F), Jan. 1, 2021, 134 Stat. 4156, which established the Mentor-Protege Program, was transferred to subchapter I of this chapter and redesig- nated as section 4902 of this title by Pub. L. 117–263, div. A, title VIII, § 856(a), Dec. 23, 2022, 136 Stat. 2723. SUBCHAPTER I—GENERAL Sec. 4901. Department of Defense small business strat- egy. 4902. Department of Defense Mentor–Protege Pro- gram. Editorial Notes AMENDMENTS 2022—Pub. L. 117–263, div. A, title VIII, § 856(c), Dec. 23, 2022, 136 Stat. 2726, added item 4902. § 4901. Department of Defense small business strategy (a) IN GENERAL.—The Secretary of Defense shall implement a small business strategy for the Department of Defense that meets the re- quirements of this section. (b) UNIFIED MANAGEMENT STRUCTURE.—As part of the small business strategy described in sub- section (a), the Secretary shall ensure that there is a unified management structure within the Department for the functions of the Depart- ment relating to— (1) programs and activities related to small business concerns (as defined in section 3 of the Small Business Act); (2) manufacturing and industrial base policy; and (3) any procurement technical assistance program established under chapter 388 of this title. (c) PURPOSE OF SMALL BUSINESS PROGRAMS.— The Secretary shall ensure that programs and activities of the Department of Defense related to small business concerns are carried out so as to further national defense programs and prior- ities and the statements of purpose for Depart- ment of Defense acquisition set forth in section 801 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1449). (d) POINTS OF ENTRY INTO DEFENSE MARKET.— The Secretary shall ensure— (1) that opportunities for small business con- cerns to contract with the Department of De- fense are identified clearly; and (2) that small business concerns are able to have access to program managers, contracting officers, and other persons using the products or services of such concern to the extent nec- essary to inform such persons of emerging and existing capabilities of such concerns. (e) ENHANCED OUTREACH UNDER PROCUREMENT TECHNICAL ASSISTANCE PROGRAM MARKET.—The Secretary shall enable and promote activities to provide coordinated outreach to small business concerns through any procurement technical as- sistance program established under chapter 388 of this title to facilitate small business con- tracting with the Department of Defense. (Added Pub. L. 115–232, div. A, title VIII, § 851(a), Aug. 13, 2018, 132 Stat. 1883, § 2283; renumbered § 4901 and amended Pub. L. 116–283, div. A, title XVIII, § 1871(b), Jan. 1, 2021, 134 Stat. 4287.) Editorial Notes REFERENCES IN TEXT Section 3 of the Small Business Act, referred to in subsec. (b)(1), is classified to section 632 of Title 15, Commerce and Trade. Section 801 of the National Defense Authorization Act for Fiscal Year 2018, referred to in subsec. (c), is section 801 of Pub. L. 115–91, which is set out as a note under section 2302 of this title.