§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 1 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 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, §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
.)
Prior Provisions
Prior sections 2540 and 2541 were renumbered sections 2539a and 2539b of this title, respectively.
Amendments
1994-Pub. L. 103–337 renumbered section 2541 of this title as this section.
Subsec. (a)(1). Pub. L. 103–355 inserted "rent," after "sell,".
Subsec. (a)(2). Pub. L. 103–355, which directed amendment of par. (2) by inserting "rent," after "sell,", was executed by inserting "rent," after "sell" to reflect the probable intent of Congress.