
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2539b]

 
                         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
        
    (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; 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 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 for services made available under 
subsection (a)(3) 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, Sec. 822(b)(1), Nov. 30, 
1993, 107 Stat. 1705, Sec. 2541; renumbered Sec. 2539b, Pub. L. 103-337, 
div. A, title X, Sec. 1070(a)(13)(A), Oct. 5, 1994, 108 Stat. 2856; 
amended Pub. L. 103-355, title III, Sec. 3022, Oct. 13, 1994, 108 Stat. 
3333; Pub. L. 104-106, div. A, title VIII, Sec. 804, div. D, title 
XLIII, Sec. 4321(a)(8), Feb. 10, 1996, 110 Stat. 390, 671; Pub. L. 106-
65, div. A, title X, Sec. 1066(a)(23), Oct. 5, 1999, 113 Stat. 771.)


                               Amendments

    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, Sec. 4321(a)(8), made technical 
correction to Pub. L. 103-355, Sec. 3022. See 1994 Amendment note below.
    Subsec. (c). Pub. L. 104-106, Sec. 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, Sec. 3022, as amended by Pub. L. 104-
106, Sec. 4321(a)(8), inserted ``rent,'' after ``sell,'' in par. (1) and 
``, rent,'' after ``sell'' in par. (2).


                    Effective Date of 1996 Amendment

    Section 4321(a) of Pub. L. 104-106 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.
