Title 33 — Navigation and Navigable Waters
Chapter 36 — Water Resources Development
§ 2203. Review of contracting policies
Statutory text
Review of contractual agreements
In general
Not later than 180 days after , the Secretary shall complete a review of the policies, guidelines, and regulations of the Corps of Engineers for the development of contractual agreements between the Secretary and non-Federal interests and utilities associated with the construction of water resources development projects.
Report
Not later than 90 days after completing the review under subsection (a)(1), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate, and make publicly available, a report that includes—
a summary of the results of the review; and
public guidance on best practices for a non-Federal interest to use when writing or developing contractual agreements with the Secretary and utilities.
Provision of guidance
The Secretary shall provide the best practices guidance included under paragraph (2)(A) to non-Federal interests prior to the development of contractual agreements with such non-Federal interests.
Sense of Congress
It is the sense of Congress that the Secretary should maximize use of nonprice tradeoff procedures in competitive acquisitions for carrying out emergency work in an area with respect to which the President has declared a major disaster under section 5170 of title 42.
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.
Aircraft Certification, Safety, and Accountability Act
Pub. L. 116–260 div. AA title I § 136 · 134 Stat. 1182
Enacted · 33 U.S.C. § 2203
(Pub. L. 116–260, div. AA, title I, § 136, Dec. 27, 2020, 134 Stat. 2649.)
Source evidence
Code source credit
(Pub. L. 116–260, div. AA, title I, § 136, Dec. 27, 2020, 134 Stat. 2649.)Enacted provision · exact public law section
SEC. 136. INDEPENDENT STUDY ON TYPE CERTIFICATION REFORM. (a) Report and Deadlines.— Not later than 30 days after the date of enactment of this title, the Administrator shall enter into an agreement with an appropriate Federally-funded research and development center to review, develop, and submit a report to the Administrator in accordance with the requirements and elements set forth in this section. (b) Elements.— The review and report under subsection (a) shall set forth analyses, assessments, and recommendations addressing the following elements for transport category airplanes: (1) Whether or not aviation safety would improve as the result of institution of a fixed time beyond which a type certificate may not be amended. (2) Requiring the Administrator, when issuing an amended or supplemental type certificate for a design that does not comply with the latest amendments to the applicable airworthiness standards, to document any exception from the latest amendment to an applicable regulation, issue an exemption in accordance with section 44701 of title 14, United States Code, or make a finding of an equivalent level of safety in accordance with section 21.21(a)(1) of title 14, Code of Federal Regulations. (3) Safety benefits and costs for certification of transport category airplanes resulting from the implementation of paragraphs (1) and (2). (4) Effects on the development and introduction of advancements in new safety enhancing design and technologies, and continued operation and operational safety support of products in service in the United States and worldwide, resulting from the implementation of paragraphs (1) and (2). (c) Investigations and Reports.— The review and report under subsection (a) shall take into consideration investigations, reports, and assessments regarding the Boeing 737 MAX, including but not limited to investigations, reports, and assessments by the Joint Authorities Technical Review, the National Transportation Safety Board, the Department of Transportation Office of the Inspector General, the Department of Transportation Special Committee, the congressional committees of jurisdiction and other congressional committees, and foreign authorities. The review and report under subsection (a) also shall consider the impact of changes made by this title and the amendments made by this title. (d) Report to Congress.— Not later than 270 days after the report developed under subsection (a) is submitted to the Administrator, the Administrator shall submit a report to the congressional committees of jurisdiction regarding the FAA’s response to the findings and recommendations of the report, what actions the FAA will take as a result of such findings and recommendations, and the FAA rationale for not taking action on any specific recommendation
1 of 1 references resolved to an enrolled provision
Editorial Notes
Codification
Section was enacted as part of the Water Resources Development Act of 2020, and not as part of the Water Resources Development Act of 1986 which comprises this chapter.
Statutory Notes and Related Subsidiaries
“Secretary” Defined
Secretary means the Secretary of the Army, see section 2 of div. AA of Pub. L. 116–260, set out as a note under section 2201 of this title.
Credits
(Pub. L. 116–260, div. AA, title I, § 136, , 134 Stat. 2649.)