10 U.S.C. § 4126: Use of federally funded…

Summary

The Secretary of Defense must not give work to a federally funded research and development center unless the work fits the center’s purpose, mission, and general scope as written in the center’s agreement with the Department of Defense. That rule does not apply when the center is doing applied scientific research under laboratory conditions. An agency head must not spend DoD money to run any center that did not exist before June 2, 1986 unless they first send Congress a report describing the center’s purpose, mission, and scope and wait 60 days after Congress receives it. "Head of an agency" means the agency leader as defined elsewhere in the law. After each fiscal year, and no later than January 1 of the next year, the Secretary must report to the House and Senate Armed Services and Appropriations Committees the actual dollars spent and the actual man‑years worked at each center.

Title 10, §4126

Armed Forces, Source: USLM XML via OLRC

(a)Limitation on Use of Centers.—

Except as provided in subsection (b), the Secretary of Defense may not place work with a federally funded research and development center unless such work is within the purpose, mission, and general scope of effort of such center as established in the sponsoring agreement of the Department of Defense with such center.

(b)Exception for Applied Scientific Research.—

This section does not apply to a federally funded research and development center that performs applied scientific research under laboratory conditions.

(c)Limitation on Creation of New Centers.—

(1)The head of an agency may not obligate or expend amounts appropriated to the Department of Defense for purposes of operating a federally funded research center that was not in existence before June 2, 1986, until—

(A)the head of the agency submits to Congress a report with respect to such center that describes the purpose, mission, and general scope of effort of the center; and

(B)a period of 60 days beginning on the date such report is received by Congress has elapsed.

(2)In this subsection, the term “head of an agency” has the meaning given such term in section 3004 of this title.

(d)Identification to Congress of FFRDC Workload Effort.—

After the close of a fiscal year, and not later than January 1 of the next year, the Secretary shall submit to the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on Armed Services and the Committee on Appropriations of the House of Representatives a report setting forth the actual obligations and the actual man-years of effort expended at each federally funded research and development center during that fiscal year.

Notes & Related Subsidiaries

Editorial Notes

Codification Pub. L. 99–591 is a corrected version of Pub. L. 99–500. Pub. L. 99–500, Pub. L. 99–591, and Pub. L. 99–661 added identical sections.

Amendments

2021—Pub. L. 116–283, § 1844(b)(1), which directed the renumbering of section 2367 of this title as section 4147 instead of this section, was repealed by Pub. L. 117–81, § 1701(u)(5)(B), effective as if included therein, so that such renumbering was no longer directed. Pub. L. 116–283, § 1843(b)(1), as added by Pub. L. 117–81, § 1701(u)(4)(A), renumbered section 2367 of this title as this section. Subsec. (c)(2). Pub. L. 116–283, § 1883(b)(2), substituted “section 3004” for “section 2302(1)”. 2002—Subsec. (d). Pub. L. 107–314, § 1041(a)(12), struck out designations for pars. (1) and (2) and text of par. (1). Prior to amendment par. (1) read as follows: “In the documents provided to Congress by the Secretary of Defense in support of the budget submitted by the President under section 1105 of title 31 for any fiscal year, the Secretary shall set forth the proposed amount of the man-years of effort to be funded by the Department of Defense for each federally funded research and development center for the fiscal year covered by that budget.” 1999—Subsec. (d)(2). Pub. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security”. 1996—Subsec. (d)(2). Pub. L. 104–106 substituted “the Committee on Armed Services and the Committee on Appropriations of the Senate and the Committee on National Security and the Committee on Appropriations of the” for “the Committees on Armed Services and the Committees on Appropriations of the Senate and”. 1991—Subsec. (d). Pub. L. 102–190 added subsec. (d).

Statutory Notes and Related Subsidiaries

Effective Date

of 2021 AmendmentAmendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. 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 1991 Amendment Pub. L. 102–190, div. A, title II, § 256(a)(2), Dec. 5, 1991, 105 Stat. 1330, provided that: “(A) Paragraph (1) of subsection (d) of section 2367 of title 10, United States Code [now 10 U.S.C. 4126], as added by paragraph (1), shall take effect with respect to the budget submitted for fiscal year 1994. “(B) Paragraph (2) of such subsection shall take effect with respect to fiscal year 1992.” Termination of Reporting RequirementsFor termination, effective Dec. 31, 2021, of provisions in subsec. (d) of this section requiring submittal of annual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title. Pilot Program on Disclosure of Certain Sensitive Information to Federally Funded Research and Development Centers Pub. L. 114–328, div. A, title II, § 235, Dec. 23, 2016, 130 Stat. 2064, which authorized the Secretary of Defense to carry out a pilot program on disclosure of certain sensitive information to federally funded research and development centers of the Department of Defense, was repealed by Pub. L. 118–159, div. A, title VIII, § 811(a)(1)(E), Dec. 23, 2024, 138 Stat. 1979.

§4126 Use of Federally Funded Research and Development Centers

Summary

Title 10, §4126

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata