--- kind: "section" citation: "10 U.S.C. § 4892" title: "10" title_heading: "Armed Forces" number: "4892" heading: "Availability of samples, drawings, information, equipment, materials, and certain services" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/10/4892" units: - "Subtitle A — General Military Law" - "Part V — Acquisition" - "Subpart I — Defense Industrial Base" - "Chapter 385 — Other Technology Base Policies and Programs" - "Subchapter V — Other Matters" --- # §4892. Availability of samples, drawings, information, equipment, materials, and certain services - (a) **Authority.—** The [Secretary](/usc/10/4951.md?p=3) of Defense and the [Secretaries](/usc/10/4951.md?p=3) of the [military departments](/usc/10/101.md?p=a-8), under regulations prescribed by the [Secretary](/usc/10/4951.md?p=3) of Defense and when determined by the [Secretary](/usc/10/4951.md?p=3) of Defense or the [Secretary concerned](/usc/10/2801.md?p=c-5) 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](/usc/10/2700.md?p=2) or entity; - (2) sell, rent, or lend government equipment or materials to any [person](/usc/10/2700.md?p=2) or entity— - (A) for use in independent research and development [programs](/usc/10/2101.md?p=1), 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](/usc/10/2700.md?p=2) or entity, at an appropriate fee, the services of any government laboratory, center, [range](/usc/10/101.md?p=f-1), or other testing [facility](/usc/10/2700.md?p=2) for the testing of materials, equipment, models, computer software, and other items; and - (4) make available to any [person](/usc/10/2700.md?p=2) or entity, through leases, contracts, or other appropriate arrangements, [facilities](/usc/10/2700.md?p=2), services, and equipment of any government laboratory, research center, or [range](/usc/10/101.md?p=f-1), if the [facilities](/usc/10/2700.md?p=2), 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)](#a-3) are confidential and may not be disclosed outside the Federal Government without the consent of the [persons](/usc/10/2700.md?p=2) for whom the tests are performed. - (c) **Fees.—** Fees made available under subsections [(a)(3)](#a-3) and [(a)(4)](#a-4) shall be established in the regulations prescribed pursuant to [subsection (a)](#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](/usc/10/101.md?p=a-1) to provide for the testing. - (d) **Use of Fees.—** Fees received under subsections [(a)(3)](#a-3) and [(a)(4)](#a-4) may be credited to the appropriations or other funds of the activity making such services available. ## Source credit (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; renumbered § 4892, Pub. L. 116–283, div. A, title XVIII, § 1870(f)(2), Jan. 1, 2021, 134 Stat. 4287.) ## Notes ### 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 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 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.