2020 US Code
Title 10 - Armed Forces
Subtitle A - General Military Law
Part IV - Service, Supply, and Procurement
Chapter 148 - National Defense Technology and Industrial Base, Defense Reinvestment, and Defense Conversion
Subchapter V - Miscellaneous Technology Base Policies and Programs
Sec. 2539b - Availability of samples, drawings, information, equipment, materials, and certain services
| 10 U.S.C. § 2539b (2020) |
| §2539b. Availability of samples, drawings, information, equipment, materials, and certain services |
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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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(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.) |
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Transfer of Section
Pub. L. 116–283, div. A, title XVIII, §§1801(d), 1870(f)(2), Jan. 1, 2021, 134 Stat. 4151, 4287, provided that, effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, this section is transferred to chapter 385 of this title, as added by section 1870(a) of Pub. L. 116–283, inserted after section 4891, and redesignated as section 4892 of this title. See Effective Date of 2021 Amendment note below. AMENDMENTS2008—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 this section. 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). 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 AMENDMENTPub. 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. |
| United States Code, 2018 Edition, Supplement 2, Title 10 - ARMED FORCES |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| Title 10 - ARMED FORCES Subtitle A - General Military Law PART IV - SERVICE, SUPPLY, AND PROCUREMENT CHAPTER 148 - NATIONAL DEFENSE TECHNOLOGY AND INDUSTRIAL BASE, DEFENSE REINVESTMENT, AND DEFENSE CONVERSION SUBCHAPTER V - MISCELLANEOUS TECHNOLOGY BASE POLICIES AND PROGRAMS Sec. 2539b - Availability of samples, drawings, information, equipment, materials, and certain services |
| section 2539b |
| 2020 |
| January 13, 2021 |
| Yes |
| standard |
| 107 Stat. 1705 108 Stat. 2856, 3333 110 Stat. 390, 671 113 Stat. 771 122 Stat. 46 134 Stat. 4151 |
| Public Law 103-160, Public Law 103-337, Public Law 103-355, Public Law 104-106, Public Law 106-65, Public Law 110-181, Public Law 116-283 |
