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10 U.S.C. § 4141 — Award of grants and contracts to colleges and universities: requirement of competition
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary of Defense may not make a grant or award a contract to a college or university for the performance of research and development, or for the construction of any research or other facility, unless—
(1) in the case of a grant, the grant is made using competitive procedures; and
(2) in the case of a contract, the contract is awarded in accordance with [section 3204 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3204&num=0&edition=prelim) (other than pursuant to subsection (a)(5) of that section).
**(b)**
(1) A provision of law may not be construed as modifying or superseding the provisions of subsection (a), or as requiring funds to be made available by the Secretary of Defense to a particular college or university by grant or contract, unless that provision of law—
(A) specifically refers to this section;
(B) specifically states that such provision of law modifies or supersedes the provisions of this section; and
(C) specifically identifies the particular college or university involved and states that the grant to be made or the contract to be awarded, as the case may be, pursuant to such provision of law is being made or awarded in contravention of subsection (a).
(2) A grant may not be made, or a contract awarded, pursuant to a provision of law that authorizes or requires the making of the grant, or the awarding of the contract, in a manner that is inconsistent with subsection (a) until—
(A) the Secretary of Defense submits to Congress a notice in writing of the intent to make the grant or award the contract; and
(B) a period of 180 days has elapsed after the date on which the notice is received by Congress.
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Source file: Laws/federal/codes/united-states-code/title-10/section-4141-award-of-grants-and-contracts-to-colleges-and-universities-requirement-o--25e664a070.md
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Source location: Title 10, Chapter 305, § 4141; chapter-305-universities.md
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**(a)** The Secretary of Defense may not make a grant or award a contract to a college or university for the performance of research and development, or for the construction of any research or other facility, unless—
(1) in the case of a grant, the grant is made using competitive procedures; and
(2) in the case of a contract, the contract is awarded in accordance with [section 3204 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3204&num=0&edition=prelim) (other than pursuant to subsection (a)(5) of that section).
**(b)**
(1) A provision of law may not be construed as modifying or superseding the provisions of subsection (a), or as requiring funds to be made available by the Secretary of Defense to a particular college or university by grant or contract, unless that provision of law—
(A) specifically refers to this section;
(B) specifically states that such provision of law modifies or supersedes the provisions of this section; and
(C) specifically identifies the particular college or university involved and states that the grant to be made or the contract to be awarded, as the case may be, pursuant to such provision of law is being made or awarded in contravention of subsection (a).
(2) A grant may not be made, or a contract awarded, pursuant to a provision of law that authorizes or requires the making of the grant, or the awarding of the contract, in a manner that is inconsistent with subsection (a) until—
(A) the Secretary of Defense submits to Congress a notice in writing of the intent to make the grant or award the contract; and
(B) a period of 180 days has elapsed after the date on which the notice is received by Congress.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) When Procedures Other Than Competitive Procedures May Be Used.—** The head of an agency may use procedures other than competitive procedures only when—
(1) the property or services needed by the agency are available from only one responsible source or only from a limited number of responsible sources and no other type of property or services will satisfy the needs of the agency;
(2) the agency’s need for the property or services is of such an unusual and compelling urgency that the United States would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals;
(3) it is necessary to award the contract to a particular source or sources in order—
(A) to maintain a facility, producer, manufacturer, or other supplier available for furnishing property or services in case of a national emergency or to achieve industrial mobilization;
(B) to establish or maintain an essential engineering, research, or development capability to be provided by an educational or other nonprofit institution or a federally funded research and development center; or
(C) to procure the services of an expert for use, in any litigation or dispute (including any reasonably foreseeable litigation or dispute) involving the Federal Government, in any trial, hearing, or proceeding before any court, administrative tribunal, or agency, or to procure the services of an expert or neutral for use in any part of an alternative dispute resolution or negotiated rulemaking process, whether or not the expert is expected to testify;
(4) the terms of an international agreement or a treaty between the United States and a foreign government or international organization, or the written directions of a foreign government reimbursing the ag
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3204
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Prior Provisions
A prior section 2361 was renumbered [section 2351 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2351&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2361
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition of institution of higher education for purposes of student assistance programs**
(1) **Inclusion of additional institutions** — Subject to paragraphs (2) through (4) of this subsection, the term “institution of higher education” for purposes of subchapter IV includes, in addition to the institutions covered by the definition in [section 1001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1001&num=0&edition=prelim)—
(A) a proprietary institution of higher education (as defined in subsection (b) of this section);
(B) a postsecondary vocational institution (as defined in subsection (c) of this section); and
(C) only for the purposes of part D of subchapter IV, an institution outside the United States that is comparable to an institution of higher education as defined in [section 1001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1001&num=0&edition=prelim) and that has been approved by the Secretary for the purpose of part D of subchapter IV, consistent with the requirements of [section 1087b(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1087b/d&num=0&edition=prelim).
(2) **Institutions outside the United States**
(A) *In general* — For the purpose of qualifying as an institution under paragraph (1)(C), the Secretary shall establish criteria by regulation for the approval of institutions outside the United States and for the determination that such institutions are comparable to an institution of higher education as defined in [section 1001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1001&num=0&edition=prelim) (except that a graduate medical school, nursing schoo
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 1002
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Funds appropriated to the Department of Defense for research and development remain available for obligation for a period of two consecutive years.
**(b)** Funds appropriated to the Department of Defense for research and development may be used—
(1) for the purposes of [section 4141 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4141&num=0&edition=prelim); and
(2) for purposes related to research and development for which expenditures are specifically authorized in other appropriations of the Department of Defense.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3131
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
As enacted, Pub. L. 116–283, div. A, title XVIII, § 1841(c), Jan. 1, 2021, 134 Stat. 4243, originally transferred [section 2361 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2361&num=0&edition=prelim) to this section, to become effective Jan. 1, 2022. Subsequently, Pub. L. 117–81, div. A, title XVII, § 1701(u)(2)(D), Dec. 27, 2021, 135 Stat. 2151, amended section 1841(c) of Pub. L. 116–283, effective as if included therein, so as to eliminate that transfer, thereby omitting this section before it took effect. Another amendment by Pub. L. 117–81 resulted in the transfer of section 2361 to [section 4141 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4141&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4015
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Compilation and dissemination**
(1) **In general** — In recognition of the increasing use and development of the flood plains of the rivers of the United States and of the need for information on flood hazards to serve as a guide to such development, and as a basis for avoiding future flood hazards by regulation of use by States and political subdivisions thereof, and to assure that Federal departments and agencies may take proper cognizance of flood hazards, the Secretary of the Army, through the Chief of Engineers, is hereby authorized to compile and disseminate information on floods and flood damages, including identification of areas subject to inundation by floods of various magnitudes and frequencies, identification of areas subject to floods due to accumulated snags and other debris, and general criteria for guidance of Federal and non-Federal interests and agencies in the use of flood plain areas; and to provide advice to other Federal agencies and local interests for their use in planning to ameliorate the flood hazard, to avoid repetitive flooding impacts, to anticipate, prepare, and adapt to changing climatic conditions and extreme weather events, and to withstand, respond to, and recover rapidly from disruption due to the flood hazards.
(2) **Surveys and guides** — Surveys and guides will be made for States and political subdivisions thereof only upon the request of a State or a political subdivision thereof, and upon approval by the Chief of Engineers, and such information and advice provided them only upon such request and approval.
(3) **Identification of assistance**
(A) *In general* — To the maximum extent practicable, in providing assistance under this subsection, the Secretary shall identify and communicate to States and non-Federal intere
Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 709a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Federal State cooperation**
(1) **Comprehensive plans** — The Secretary of the Army, acting through the Chief of Engineers, is authorized to cooperate with any State, group of States, non-Federal interest working with a State or group of States, local government, or regional coalition of governmental entities in the preparation of comprehensive plans for the development, utilization, and conservation of the water and related resources of drainage basins, watersheds, or ecosystems located within the boundaries of such State, interest, local government, or entity, including plans to comprehensively address water resources challenges, and to submit to Congress reports and recommendations with respect to appropriate Federal participation in carrying out such plans.
(2) **Technical assistance**
(A) *In general* — At the request of a governmental agency or non-Federal interest, the Secretary may provide technical assistance to such agency or non-Federal interest in managing water resources.
(B) *Types of assistance* — Technical assistance under this paragraph may include provision and integration of hydrologic, economic, and environmental data and analyses and title research for abandoned structures.
(3) **Institution of higher education** — Notwithstanding [section 4141 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4141&num=0&edition=prelim), in carrying out this subsection, the Secretary may work with an institution of higher education, as determined appropriate by the Secretary.
(4) **Prioritization** — To the maximum extent practicable, the Secretary shall prioritize the provision of assistance under this subsection to address both inland and coastal life safety risks.
**(b) Fees**
(1) **Establishment and collec
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1962d–21
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Federal law — U.S. Code and appendices · legal_authorities
Page 2672
TITLE 10—ARMED FORCES
§ 4141
resentatives] a report on the status of the pilot pro-
gram.
‘‘(2) CONTENTS.—The report required by paragraph
(1) shall include the following:
‘‘(A) Identification of the eligible centers partici-
pating in the pilot program.
‘‘(B) Identification of the eligible centers whose
applications to participate in the pilot program
were disapproved under subsection (b), including
justifications for such disapprovals.
‘‘(C) A description of the methods implemented
pursuant to subsection (c).
‘‘(D) A description of the methods that were pro-
posed pursuant to paragraph (1) of subsection (c)
but disapproved under paragraph (2) of such sub-
section.
‘‘(E) An assessment of how methods implemented
pursuant to subsection (c) have contributed to the
objectives identified in subparagraphs (A), (B), and
(C) of paragraph (1) of such subsection.
‘‘(F) With respect to any military department not
participating in the pilot program, an explanation
for such nonparticipation, including identification
of—
‘‘(i) any issues that may be preventing such par-
ticipation; and
‘‘(ii) any offices or other elements of the De-
partment of Defense that may be responsible for
the delay in participation.’’
[Pub. L. 116–283, div. A, title II, § 216(b), Jan. 1, 2021,
134 Stat. 3460, provided in part that the amendment
made to section 233(c)(2)(C)(ii) of Pub. L. 114–328, set
out above, by section 216(b) of Pub. L. 116–283 is effec-
tive as of Dec. 23, 2016, and as if included in such sec-
tion 233(c)(2)(C)(ii) as enacted.]
[Pub. L. 116–92, § 1731(d), and Pub. L. 116–283, § 216(b),
made identical amendments to section 233(c)(2)(C)(ii) of
Pub. L. 114–328, set out above, by substituting ‘‘Assist-
ant Secretary of the Army for Acquisition, Logistics,
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 4141
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.