Page:United States Statutes at Large Volume 107 Part 2.djvu/756

 107 STAT. 1706 PUBLIC LAW 103-160—NOV. 30, 1993 ''§2541. Availability of samples, drawings, information, equipment, materials, and certain services Regulations. «(a) AUTHORITY.— The Secretary of Defense and the secretaries of the mihtary 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, lend, or give samples, drawings, and manufacturing or other information (subject to the rights of third parties) to any person or entity; "(2) sell 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 V. 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.". (2) Section 2314 of title 10, United States Code, is amended by inserting "or sale" after "procurement". (3) Sections 4506, 4507, 4508, 9506, and 9507 of title 10, United States Code, are repealed. (c) PROCUREMENT FOR EXPERIMENTAL PURPOSES. —(1) Chapter 139 of title 10, United States Code, is amended by adding at the end the following new section: ^§ 2373. Procurement for experimental purposes "(a) AUTHORITY.— The Secretary of Defense and the Secretaries of the military departments may each buy ordnance, signal, and chemical activity supplies, including partis and accessories, and designs thereof, that the Secretary of Defense or the Secretary concerned considers necessary for experimental or test purposes in the development of the best supplies that are needed for the national defense. "(b) PROCEDURES. —Purchases under this section may be made inside or outside the United States and by contract or otherwise. Chapter 137 of this title applies when such purchases are made in quantity.".

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