Title 10 — Armed Forces
Part V · Chapter 303 — Research and Engineering Activities
§ 4126. Use of federally funded research and development centers
Statutory text
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.
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.
Limitation on Creation of New Centers.—
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 , until—
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
a period of 60 days beginning on the date such report is received by Congress has elapsed.
In this subsection, the term “head of an agency” has the meaning given such term in section 3004 of this title.
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 99–500 § 101(c)(tX)(s912)(a)(1) · 100 Stat. 1783-82
Enacted · 10 U.S.C. § 4126
Added Pub. L. 99–500, § 101(c) [title X, § 912(a)(1)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–146, and Pub. L. 99–591, § 101(c) [title X, § 912(a)(1)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–146, § 2367
Unresolved: Pub. L. 99–500 was not found in the local Statutes at Large index.
Source evidence
Code source credit
Added Pub. L. 99–500, § 101(c) [title X, § 912(a)(1)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–146, and Pub. L. 99–591, § 101(c) [title X, § 912(a)(1)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–146, § 2367National Defense Authorization Act for Fiscal Years 1992 and 1993
Pub. L. 102–190 div. A title II § 256(a)(1) · 105 Stat. 1290
Added · 10 U.S.C. § 4126(d)
Pub. L. 102–190 added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 102–190 added subsec. (d).Enacted provision · exact public law section
(1) Section 2367 of title 10, United States Code, is amended by adding at the end the following: “(d) Identification to Congress of FFRDC Workload Effort.— (1) 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. “(2) Reports. After the close of a fiscal year, and not later than January 1 of the next year, the Secretary shall submit to the Committees on Armed Services and the Committees on Appropriations of the Senate and 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.”.National Defense Authorization Act for Fiscal Year 1996
Pub. L. 104–106 div. A title XV § 1502(a)(9) · 110 Stat. 186
Substituted · 10 U.S.C. § 4126(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”
Source evidence
Code amendment note
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”.Enacted provision · exact public law section
(9) Section 2367(d)(2) is amended by striking out “the Committees on Armed Services and the Committees on Appropriations of the Senate and” and inserting in lieu thereof “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”.Pub. L. 106–65 div. A title X § 1067(1) · 113 Stat. 512
Substituted · 10 U.S.C. § 4126(d)(2)
Pub. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security”
Source evidence
Code amendment note
Subsec. (d)(2). Pub. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security”.Enacted provision · exact public law section
(1) Title 10, United States Code.Pub. L. 107–314 § 1041(a)(12) · 116 Stat. 2458
Struck · 10 U.S.C. § 4126(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.”
Source evidence
Code amendment note
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.”Enacted provision · exact public law section
(12) Section 2367(d) is amended by striking “Effort.—(1) In the” and all that follows through “(2) After the close of” and inserting “Effort.—After the close of”.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1844(b)(1) · 134 Stat. 3388
Repealed · 10 U.S.C. § 4126
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
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(1) In general.— The sections of title 10, United States Code, specified in the left-hand column of the table below are transferred to chapter 307 of such title, as added by subsection (a), inserted (in that order), after the table of sections, and redesignated as shown in the right-hand column: SectionRedesignated Section 23534141 2371a4143 26814144 2350l4145 23684146 23674147Effective date note
Amendment 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.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1843(b)(1) · 134 Stat. 3388
Added · 10 U.S.C. § 4126
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
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
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.Enacted provision · exact public law section
(1) Transfer to subchapter i.— Section 2363 of title 10, United States Code, is transferred to subchapter I of chapter 305 of such title, as added by subsection (a), inserted after the table of sections at the beginning of such subchapter, and redesignated as section 4103.Effective date note
Amendment 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.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1883(b)(2) · 134 Stat. 3388
Substituted · 10 U.S.C. § 4126(c)(2)
Pub. L. 116–283, § 1883(b)(2), substituted “section 3004” for “section 2302(1)”
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 116–283, § 1883(b)(2), substituted “section 3004” for “section 2302(1)”.Enacted provision · exact public law section
* * Note: Classifications for Sec. 1883(b)(2): 10 USC 113, 118, 129a, 133b, 139a, 171a, 181, 231a, 483, 1091, 1501a, 1701a, 1706, 1724, 1734, 2113, 2343, 2350b, 2463, 2484, 2583, 2688, 3131, 3136, 3137, 3455, 3862, 3905, 4003, 4008, 4009, 4015, 4061, 4062, 4065, 4146, 4147, 4171, 4172, 4252, 4323, 4324, 4505, 4603, 4660, 4816, 4819, 4863, 4864, 4971, 4981, 7462, 7554, 8481, 8633, 8669b, 9082, 9462. (2) Title 10.— Except as otherwise provided in this title, in title 10, United States Code, each reference in the text of such title to a source section is amended by striking such reference and inserting a reference to the appropriate redesignated section.Effective date note
Amendment 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.
7 of 8 references resolved to an enrolled provision · 1 unresolved
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.
Amendments1991–2021 · 5 rounds
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 Amendment
Amendment 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 , 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), , 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 Requirements
For termination, effective , 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, , 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), , 138 Stat. 1979.
Credits
1986–2021 · 9 acts
- 1986Added Pub. L. 99–500, § 101(c) [title X, § 912(a)(1)], , 100 Stat. 1783–82, 1783–146, and Pub. L. 99–591, § 101(c) [title X, § 912(a)(1)], , 100 Stat. 3341–82, 3341–146, § 2367
- 1986Pub. L. 99–661, div. A, title IX, formerly title IV, § 912(a)(1), , 100 Stat. 3925, renumbered title IX, Pub. L. 100–26, § 3(5), , 101 Stat. 273
- 1991amended Pub. L. 102–190, div. A, title II, § 256(a)(1), , 105 Stat. 1330
- 1996Pub. L. 104–106, div. A, title XV, § 1502(a)(9), , 110 Stat. 503
- 1999Pub. L. 106–65, div. A, title X, § 1067(1), , 113 Stat. 774
- 2002Pub. L. 107–314, div. A, title X, § 1041(a)(12), , 116 Stat. 2645
- 2021renumbered § 4126, Pub. L. 116–283, div. A, title XVIII, § 1843(b)(1), as added Pub. L. 117–81, div. A, title XVII, § 1701(u)(4)(A), , 135 Stat. 2153
- 2021Pub. L. 116–283, div. A, title XVIII, §§ 1844(b)(1), 1883(b)(2), , 134 Stat. 4245, 4294
- 2021Pub. L. 117–81, div. A, title XVII, § 1701(u)(5)(B), , 135 Stat. 2154.
Show as published
(Added Pub. L. 99–500, § 101(c) [title X, § 912(a)(1)], , 100 Stat. 1783–82, 1783–146, and Pub. L. 99–591, § 101(c) [title X, § 912(a)(1)], , 100 Stat. 3341–82, 3341–146, § 2367; Pub. L. 99–661, div. A, title IX, formerly title IV, § 912(a)(1), , 100 Stat. 3925, renumbered title IX, Pub. L. 100–26, § 3(5), , 101 Stat. 273; amended Pub. L. 102–190, div. A, title II, § 256(a)(1), , 105 Stat. 1330; Pub. L. 104–106, div. A, title XV, § 1502(a)(9), , 110 Stat. 503; Pub. L. 106–65, div. A, title X, § 1067(1), , 113 Stat. 774; Pub. L. 107–314, div. A, title X, § 1041(a)(12), , 116 Stat. 2645; renumbered § 4126, Pub. L. 116–283, div. A, title XVIII, § 1843(b)(1), as added Pub. L. 117–81, div. A, title XVII, § 1701(u)(4)(A), , 135 Stat. 2153; Pub. L. 116–283, div. A, title XVIII, §§ 1844(b)(1), 1883(b)(2), , 134 Stat. 4245, 4294; Pub. L. 117–81, div. A, title XVII, § 1701(u)(5)(B), , 135 Stat. 2154.)