
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2367]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
                  CHAPTER 139--RESEARCH AND DEVELOPMENT
 
Sec. 2367. 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 2302(1) of this title.
    (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) 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.

(Added Pub. L. 99-500, Sec. 101(c) [title X, Sec. 912(a)(1)], Oct. 18, 
1986, 100 Stat. 1783-82, 1783-146, and Pub. L. 99-591, Sec. 101(c) 
[title X, Sec. 912(a)(1)], Oct. 30, 1986, 100 Stat. 3341-82, 3341-146; 
Pub. L. 99-661, div. A, title IX, formerly title IV, Sec. 912(a)(1), 
Nov. 14, 1986, 100 Stat. 3925, renumbered title IX, Pub. L. 100-26, 
Sec. 3(5), Apr. 21, 1987, 101 Stat. 273; amended Pub. L. 102-190, div. 
A, title II, Sec. 256(a)(1), Dec. 5, 1991, 105 Stat. 1330; Pub. L. 104-
106, div. A, title XV, Sec. 1502(a)(9), Feb. 10, 1996, 110 Stat. 503; 
Pub. L. 106-65, div. A, title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 
774.)

                          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

    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).


                    Effective Date of 1991 Amendment

    Section 256(a)(2) of Pub. L. 102-190 provided that:
    ``(A) Paragraph (1) of subsection (d) of section 2367 of title 10, 
United States Code, 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.''


                            GAO Study; Report

    Section 101(c) [title X, Sec. 912(b), (c)] of Pub. L. 99-500 and 
Pub. L. 99-591, and section 912(b), (c) of title IX, formerly title IV, 
of Pub. L. 99-661, renumbered title IX, Pub. L. 100-26, Sec. 3(5), Apr. 
21, 1987, 101 Stat. 273, directed Comptroller General to conduct a study 
of national defense role of federally funded research and development 
centers and submit a report to Congress not later than one year after 
Oct. 18, 1986.
