10 U.S.C. § 4141 — Award of grants and contracts to colleges

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, and Technology’’ for ‘‘Assistant Secretary of the Army for Acquisition, Technology, and Logistics’’, both effec- tive as of Dec. 23, 2016, and as if included in such sec- tion as enacted. However, the substitution reflects exe- cution of the amendment made by Pub. L. 116–283 and not by Pub. L. 116–92, as the latter directed amendment of the ‘‘National Defense Authorization Act for Fiscal Year 2018’’, and Pub. L. 114–328 is known as the ‘‘Na- tional Defense Authorization Act for Fiscal Year 2017’’.] § 4141. Award of grants and contracts to colleges and universities: requirement of competition (a) The Secretary of Defense may not make a grant or award a contract to a college or univer- sity for the performance of research and devel- opment, 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 (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 par- ticular college or university by grant or con- tract, 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 col- lege or university involved and states that the grant to be made or the contract to be award- ed, as the case may be, pursuant to such provi- sion of law is being made or awarded in con- travention of subsection (a). (2) A grant may not be made, or a contract awarded, pursuant to a provision of law that au- thorizes 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 Con- gress 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 Con- gress. (Added Pub. L. 100–456, div. A, title II, § 220(a), Sept. 29, 1988, 102 Stat. 1940, § 2361; amended Pub. L. 101–189, div. A, title II, § 252(a), (b)(1), (c)(1), Nov. 29, 1989, 103 Stat. 1404, 1405; Pub. L. 101–510, div. A, title XIII, § 1311(4), Nov. 5, 1990, 104 Stat. 1669; Pub. L. 103–35, title II, § 201(g)(5), May 31, 1993, 107 Stat. 100; Pub. L. 103–160, div. A, title VIII, § 821(b), Nov. 30, 1993, 107 Stat. 1704; Pub. L. 103–337, div. A, title VIII, § 813, Oct. 5, 1994, 108 Stat. 2816; Pub. L. 104–106, div. A, title II, § 264, title XV, § 1502(a)(1), Feb. 10, 1996, 110 Stat. 237, 502; Pub. L. 104–201, div. A, title II, § 265, Sept. 23, 1996, 110 Stat. 2466; renumbered § 4141, Pub. L. 116–283, div. A, title XVIII, § 1844(b), as added Pub. L. 117–81, div. A, title XVII, § 1701(u)(5)(B), Dec. 27, 2021, 135 Stat. 2154; Pub. L. 116–283, div. A, title XVIII, §§ 1841(c), 1883(b)(2), Jan. 1, 2021, 134 Stat. 4243, 4294; Pub. L. 117–81, div. A, title XVII, § 1701(u)(2)(D), Dec. 27, 2021, 135 Stat. 2151; Pub. L. 118–159, div. A, title XVII, § 1701(a)(38), Dec. 23, 2024, 138 Stat. 2205.) Editorial Notes AMENDMENTS 2024—Subsec. (a)(2). Pub. L. 118–159 substituted ‘‘sec- tion 3204’’ for ‘‘section 2304’’ and ‘‘subsection (a)(5)’’ for ‘‘subsection (c)(5)’’. 2021—Pub. L. 116–283, § 1844(b), as added by Pub. L. 117–81, § 1701(u)(5)(B), renumbered section 2361 of this title as this section. Pub. L. 116–283, § 1841(c), which directed the renum- bering of section 2361 of this title as section 4015 in- stead of this section, was amended generally by Pub. L. 117–81, § 1701(u)(2)(D), effective as if included therein, so that such renumbering was no longer directed. Subsec. (a)(2). Pub. L. 116–283, § 1883(b)(2), which di- rected that each reference in the text of title 10 to a section that was redesignated by title XVIII of Pub. L. 116–283, as such section was in effect before the redesig- nation, be amended by striking such reference and in- serting a reference to the appropriate redesignated sec- tion, was not executed with respect to ‘‘section 2304’’, which was redesignated as multiple sections. 1996—Subsec. (c). Pub. L. 104–201 struck out subsec. (c) which read as follows: ‘‘(1) The Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Rep- resentatives an annual report on the use of competitive procedures for the award of research and development contracts, and the award of construction contracts, to colleges and universities. Each such report shall in- clude— ‘‘(A) a list of each college and university that, dur- ing the period covered by the report, received more than $1,000,000 in such contracts through the use of procedures other than competitive procedures; and ‘‘(B) the cumulative amount of such contracts re- ceived during that period by each such college and university. Page 2673 TITLE 10—ARMED FORCES § 4142 ‘‘(2) Each report under paragraph (1) shall cover the preceding fiscal year and shall be submitted not later than February 1 of the fiscal year after the fiscal year covered by the report.’’ Subsec. (c)(1). Pub. L. 104–106, § 1502(a)(1), substituted ‘‘Committee on Armed Services of the Senate and the Committee on National Security of the House of Rep- resentatives’’ for ‘‘Committees on Armed Services of the Senate and House of Representatives’’. Subsec. (c)(2). Pub. L. 104–106, § 264, substituted ‘‘pre- ceding fiscal year’’ for ‘‘preceding calendar year’’ and ‘‘the fiscal year after the fiscal year’’ for ‘‘the year after the year’’. 1994—Subsec. (c). Pub. L. 103–337 added subsec. (c). 1993—Subsec. (b)(2). Pub. L. 103–35 substituted ‘‘incon- sistent’’ for ‘‘inconsisent’’. Subsec. (c). Pub. L. 103–160 struck out subsec. (c) which read as follows: ‘‘(1) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives an annual report on the use of competitive procedures for the award of research and development contracts, and the award of construction contracts, to colleges and universities. Each such re- port shall include— ‘‘(A) a list of each college and university that, dur- ing the period covered by the report, received more than $1,000,000 in such contracts through the use of procedures other than competitive procedures; and ‘‘(B) the cumulative amount of such contracts re- ceived during that period by each such college and university. ‘‘(2) The reports under paragraph (1) shall cover the preceding calendar year and shall be submitted not later than February 1 of the year after the year covered by the report. ‘‘(3) A report is not required under paragraph (1) for any period beginning after December 31, 1993.’’ 1990—Subsec. (c)(1). Pub. L. 101–510, § 1311(4)(A), sub- stituted ‘‘an annual report’’ for ‘‘a semiannual report’’ in introductory provisions. Subsec. (c)(2). Pub. L. 101–510, § 1311(4)(B), substituted ‘‘the preceding calendar year and shall be submitted not later than February 1 of the year after the year covered by the report’’ for ‘‘the six-month periods end- ing on June 30 and December 31 of each year. Each such report shall be submitted within 30 days after the end of the period covered by the report’’. 1989—Subsec. (a). Pub. L. 101–189, § 252(a), substituted ‘‘unless—’’ for ‘‘unless’’ and pars. (1) and (2) for ‘‘the grant or contract is made or awarded using competitive procedures.’’ Subsec. (b). Pub. L. 101–189, § 252(b)(1), amended sub- sec. (b) generally. Prior to amendment, subsec. (b) read as follows: ‘‘A provision of law enacted after the date of the enactment of this section may not be construed as modifying or superseding the provisions of sub- section (a) unless that provision of law specifically re- fers to this section and specifically states that such provision of law modifies or supersedes the provisions of this section.’’ Subsec. (c). Pub. L. 101–189, § 252(c)(1), added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–81 applicable as if in- cluded 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 1993 AMENDMENT Pub. L. 103–160, div. A, title VIII, § 821(b), Nov. 30, 1993, 107 Stat. 1704, provided that the amendment made by that section is effective Feb. 1, 1994. EFFECTIVE DATE OF 1989 AMENDMENT Pub. L. 101–189, div. A, title II, § 252(b)(2), Nov. 29, 1989, 103 Stat. 1405, provided that: ‘‘Subsection (b) of section 2361 of title 10, United States Code [now 10 U.S.C. 4141(b)], as amended by paragraph (1), applies with re- spect to any provision of law enacted after September 30, 1989.’’ EFFECTIVE DATE Pub. L. 100–456, div. A, title II, § 220(c), Sept. 29, 1988, 102 Stat. 1941, provided that: ‘‘The limitation specified in section 2361(a) of title 10, United States Code [now 10 U.S.C. 4141(a)] (as added by subsection (a)), on the au- thority of the Secretary of Defense to make grants and award contracts shall take effect on October 1, 1989.’’ § 4142. Extramural acquisition innovation and re- search activities (a) ESTABLISHMENT.—The Secretary of De- fense, acting through the Under Secretary of De- fense for Acquisition and Sustainment and in coordination with the Under Secretary of De- fense for Research and Engineering, shall estab- lish and maintain extramural acquisition inno- vation and research activities as described in subsection (c), which shall include an acquisi- tion research organization within a civilian col- lege or university that is not owned or operated by the Federal Government that is established to provide and maintain essential research and development capabilities through a long-term strategic relationship with the Department of Defense. (b) GOALS.—The goal of any activity conducted pursuant to this section shall be to provide aca- demic analyses and policy alternatives for inno- vation in defense acquisition policies and prac- tices to policymakers in the Federal Govern- ment by using a variety of means intended to widely disseminate research findings from such an activity, in addition to executing demonstra- tion and pilot programs of innovative acquisi- tion policies and practices. (c) ACTIVITIES.—The activities described in this subsection are as follows: (1) Research on past and current defense ac- quisition policies and practices, commercial and international best practices, and the ap- plication of new technologies and analytical capabilities to improve acquisition policies and practices. (2) Pilot programs to prototype and dem- onstrate new acquisition practices for poten- tial transition to wider use in the Department of Defense. (3) Establishment of data repositories and development of analytical capabilities, in co- ordination with the Chief Data Officer of the Department of Defense, to enable researchers and acquisition professionals to access and analyze historical data sets to support re- search and new policy and practice develop- ment. (4) Executive education to— (A) support acquisition workforce develop- ment, including for early career, mid-career, and senior leaders; and (B) provide appropriate education on ac- quisition issues to non-acquisition profes- sionals. (5) On an ongoing basis, a review of the im- plementation of recommendations contained