# § 4126. Use of federally funded research and development centers
**(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.
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**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, § 2367; Pub. L. 99–661, div. A, title IX, formerly title IV, § 912(a)(1), Nov. 14, 1986, 100 Stat. 3925, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273; amended Pub. L. 102–190, div. A, title II, § 256(a)(1), Dec. 5, 1991, 105 Stat. 1330; Pub. L. 104–106, div. A, title XV, § 1502(a)(9), Feb. 10, 1996, 110 Stat. 503; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 107–314, div. A, title X, § 1041(a)(12), Dec. 2, 2002, 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), Dec. 27, 2021, 135 Stat. 2153; Pub. L. 116–283, div. A, title XVIII, §§ 1844(b)(1), 1883(b)(2), Jan. 1, 2021, 134 Stat. 4245, 4294; Pub. L. 117–81, div. A, title XVII, § 1701(u)(5)(B), Dec. 27, 2021, 135 Stat. 2154.)
## Editorial Notes
### Codification
is a corrected version of .
, , and added identical sections.
### Amendments
2021—, which directed the renumbering of as section 4147 instead of this section, was repealed by , effective as if included therein, so that such renumbering was no longer directed.
, as added by , renumbered as this section.
Subsec. (c)(2). , substituted “section 3004” for “section 2302(1)”.
2002—Subsec. (d). , 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 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). substituted “and the Committee on Armed Services” for “and the Committee on National Security”.
1996—Subsec. (d)(2). 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). added subsec. (d).
## Statutory Notes and Related Subsidiaries
### Effective Date of 2021 Amendment
Amendment by applicable as if included in the enactment of title XVIII of as enacted, see , set out in a note preceding and note below.
Amendment by effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as a note preceding .
### Effective Date of 1991 Amendment
> **“(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.”
, , , provided that:
### Termination of Reporting Requirements
For termination, effective , of provisions in subsec. (d) of this section requiring submittal of annual report to Congress, see , set out as a note under .
### Pilot Program on Disclosure of Certain Sensitive Information to Federally Funded Research and Development Centers
, , , 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 , , .