§ 2313. Research and development

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.

1. 1988

   Water Resources Development Act of 1988

   Pub. L. 100–676 § 7 · 102 Stat. 4012

   Enacted · 33 U.S.C. § 2313

   Pub. L. 100–676, § 7, Nov. 17, 1988, 102 Stat. 4022

   Source evidence

   Code source credit
   Pub. L. 100–676, § 7, Nov. 17, 1988, 102 Stat. 4022

   Enacted provision · exact public law section
   SEC. 7. COLLABORATIVE RESEARCH AND DEVELOPMENT. (a) In General.— For the purpose of improving the state of engineering and construction in the United States and consistent with the mission of the Army Corps of Engineers, the Secretary is authorized to utilize Army Corps of Engineers laboratories and research centers to undertake, on a cost-shared basis, collaborative research and development with non-Federal entities, including State and local government, colleges and universities, and corporations, partnerships, sole proprietorships, and trade associations which are incorporated or established under the laws of any of the several States of the United States or the District of Columbia. (b) Administrative Provisions.— In carrying out this section, the Secretary may consider the recommendations of a non-Federal entity in identifying appropriate research or development projects and may enter into a cooperative research and development agreement, as defined in section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a); except that in such agreement, the Secretary may agree to provide not more than 50 percent of the cost of any research or development project selected by the Secretary under this section. Not less than 5 percent of the non-Federal entity’s share of the cost of any such project shall be paid in cash. (c) Applicability of Other Laws.— The research, development, or utilization of any technology pursuant to an agreement under subsection (b), including the terms under which such technology may be licensed and the resulting royalties may be distributed, shall be subject to the provisions of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701–3714). (d) Authorization of Appropriations.— To carry out the purposes of this section, there is authorized to be appropriated to the Secretary of the Army civil works funds $3,000,000 for fiscal year 1989, $4,000,000 for fiscal year 1990, $5,000,000 for fiscal year 1991, and $6,000,000 for each fiscal year thereafter. (e) Additional Funding.— Notwithstanding the third proviso under the heading “General Investigations” of title I of the Energy and Water Development Appropriations Act, 1989 (102 Stat. 857), an additional $3,000,000 of the funds appropriated under such heading shall be available to the Secretary for obligation to carry out the purposes of this section in fiscal year 1989.

2. 1996

   Water Resources Development Act of 1996

   Pub. L. 104–303 § 214(a)(1) · 110 Stat. 3658

   Inserted · 33 U.S.C. § 2313(a)

   Pub. L. 104–303, § 214(a)(1), inserted “civil works” before “mission”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 104–303, § 214(a)(1), inserted “civil works” before “mission”.

   Enacted provision · exact public law section
   (1) in subsection (a) by inserting “civil works” before “mission”; and

3. 1996

   Water Resources Development Act of 1996

   Pub. L. 104–303 § 214(b)(1) · 110 Stat. 3658

   1. Added · 33 U.S.C. § 2313(b); 33 U.S.C. § 2313(c)

      Pub. L. 104–303, § 214(b)(1), (2), added subsec. (b)

   2. Redesignated · 33 U.S.C. § 2313(b); 33 U.S.C. § 2313(c)

      Pub. L. 104–303, § 214(b)(1), (2), redesignated former subsec. (b) as (c). Former subsec. (c) redesignated (d)

   Source evidence

   Code amendment note
   Subsecs. (b), (c). Pub. L. 104–303, § 214(b)(1), (2), added subsec. (b) and redesignated former subsec. (b) as (c). Former subsec. (c) redesignated (d).

   Enacted provision · exact public law section
   (1) by redesignating subsections (b), (c), (d), and (e) as subsections (c), (d), (e), and (f), respectively;

4. 1996

   Water Resources Development Act of 1996

   Pub. L. 104–303 § 214(b)(1) · 110 Stat. 3658

   1. Redesignated · 33 U.S.C. § 2313(d)

      Pub. L. 104–303, § 214(b)(1), (3), redesignated subsec. (c) as (d)

   2. Redesignated · 33 U.S.C. § 2313(d)

      Pub. L. 104–303, § 214(b)(1), (3), substituted “subsection (c)” for “subsection (b)”. Former subsec. (d) redesignated (e)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 104–303, § 214(b)(1), (3), redesignated subsec. (c) as (d) and substituted “subsection (c)” for “subsection (b)”. Former subsec. (d) redesignated (e).

   Enacted provision · exact public law section
   (1) by redesignating subsections (b), (c), (d), and (e) as subsections (c), (d), (e), and (f), respectively;

5. 1996

   Water Resources Development Act of 1996

   Pub. L. 104–303 § 214(b)(1) · 110 Stat. 3658

   Redesignated · 33 U.S.C. § 2313(e)

   Pub. L. 104–303, § 214(b)(1), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 104–303, § 214(b)(1), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).

   Enacted provision · exact public law section
   (1) by redesignating subsections (b), (c), (d), and (e) as subsections (c), (d), (e), and (f), respectively;

6. 1996

   Water Resources Development Act of 1996

   Pub. L. 104–303 § 214(a)(2) · 110 Stat. 3658

   1. Added · 33 U.S.C. § 2313(e)

      Pub. L. 104–303, § 214(a)(2), added subsec. (e)

   2. Struck · 33 U.S.C. § 2313(e)

      Pub. L. 104–303, § 214(a)(2), struck out heading and text of former subsec. (e). Text read as follows: “Notwithstanding the third proviso under the heading ‘General Investigations’ of title I of the Energy and Water Development Appropriations Act, 1989 (102 Stat. 857), an additional $3,000,000 of the funds appropriated under such heading shall be available to the Secretary for obligation to carry out the purposes of this section in fiscal year 1989.”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 104–303, § 214(a)(2), added subsec. (e) and struck out heading and text of former subsec. (e). Text read as follows: “Notwithstanding the third proviso under the heading ‘General Investigations’ of title I of the Energy and Water Development Appropriations Act, 1989 (102 Stat. 857), an additional $3,000,000 of the funds appropriated under such heading shall be available to the Secretary for obligation to carry out the purposes of this section in fiscal year 1989.”

   Enacted provision · exact public law section
   (2) by striking subsection (e) and inserting the following: “(e) Funding From Other Federal Sources.— The Secretary may accept and expend additional funds from other Federal programs, including other Department of Defense programs, to carry out this section.”

7. 1996

   Water Resources Development Act of 1996

   Pub. L. 104–303 § 214(b)(1) · 110 Stat. 3658

   Redesignated · 33 U.S.C. § 2313(f)

   Pub. L. 104–303, § 214(b)(1), redesignated subsec. (e) as (f)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 104–303, § 214(b)(1), redesignated subsec. (e) as (f).

   Enacted provision · exact public law section
   (1) by redesignating subsections (b), (c), (d), and (e) as subsections (c), (d), (e), and (f), respectively;

8. 2022

   Water Resources Development Act of 2022

   Pub. L. 117–263 div. H title LXXXI § 8160(a) · 136 Stat. 2395

   Amended · 33 U.S.C. § 2313

   Pub. L. 117–263 amended section generally. Prior to amendment, section related to collaborative research and development with non-Federal entities

   Source evidence

   Code amendment note
   Pub. L. 117–263 amended section generally. Prior to amendment, section related to collaborative research and development with non-Federal entities.

   Enacted provision · exact public law section
   (a) In General.— Section 7 of the Water Resources Development Act of 1988 (33 U.S.C. 2313) is amended to read as follows: “SEC. 7. RESEARCH AND DEVELOPMENT. “(a) In General.— The Secretary is authorized to carry out basic, applied, and advanced research activities as required to aid in the planning, design, construction, operation, and maintenance of water resources development projects and to support the missions and authorities of the Corps of Engineers. “(b) Testing and Application.— In carrying out subsection (a), the Secretary is authorized to test and apply technology, tools, techniques, and materials developed pursuant to such subsection, including the testing and application of such technology, tools, techniques, and materials at authorized water resources development projects, in consultation with the non-Federal interests for such projects. “(c) Other Transactional Authority for Prototype Projects.— “(1) In general.— In carrying out subsection (b), the Secretary is authorized to enter into transactions (other than contracts, cooperative agreements, or grants) to carry out prototype projects to support basic, applied, and advanced research activities that are directly relevant to the civil works missions and authorities of the Corps of Engineers. “(2) Follow-on production transactions.— A transaction entered into under paragraph (1) for a prototype project may provide for the award of a follow-on production contract or transaction to the participants in the transaction in accordance with the requirements of section 4022 of title 10, United States Code. “(3) Guidance.— Prior to entering into the first transaction under this subsection, the Secretary shall issue guidance for entering into transactions under this subsection (including guidance for follow-on production contracts or transactions under paragraph (2)). “(4) Conditions.— In carrying out this subsection, the Secretary shall ensure that— “(A) competitive procedures are used to the maximum extent practicable to award each transaction; and “(B) at least one of the following conditions is met with respect to each transaction: “(i) The prototype project includes significant participation by at least one nonprofit research institution or nontraditional defense contractor, as that term is defined in section 3014 of title 10, United States Code. “(ii) All significant participants in the transaction other than the Federal Government are small business concerns, as that term is used in section 3 of the Small Business Act (15 U.S.C. 632) (including such concerns participating in a program described in section 9 of such Act (15 U.S.C. 638)). “(iii) At least one-third of the total cost of the prototype project is to be paid out of funds provided by sources other than the Federal Government. “(iv) The Head of the Contracting Activity for the Corps of Engineers submits to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a notification that exceptional circumstances justify the use of a transaction that provides for innovative business arrangements or structures that would not be feasible or appropriate under a contract, cooperative agreement, or grant. “(5) Notification.— Not later than 30 days before the Secretary enters into a transaction under paragraph (1), the Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate of— “(A) the dollar amount of the transaction; “(B) the entity carrying out the prototype project that is the subject of the transaction; “(C) the justification for the transaction; and “(D) as applicable, the water resources development project where the prototype project will be carried out. “(6) Report.— Not later than 4 years after the date of enactment of the Water Resources Development Act of 2022, 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 a report describing the use of the authority under this subsection. “(7) Comptroller general access to information.— “(A) Examination of records.— Each transaction entered into under this subsection shall provide for mandatory examination by the Comptroller General of the United States of the records of any party to the transaction or any entity that participates in the performance of the transaction. “(B) Limitations.— “(i) Parties and entities.— Examination of records by the Comptroller General pursuant to subparagraph (A) shall be limited as provided under clause (ii) in the case of a party to the transaction, an entity that participates in the performance of the transaction, or a subordinate element of that party or entity if the only transactions that the party, entity, or subordinate element entered into with Government entities in the year prior to the date of that transaction were entered into under paragraph (1) or under section 4021 or 4022 of title 10, United States Code. “(ii) Records.— The only records of a party, other entity, or subordinate element referred to in clause (i) that the Comptroller General may examine pursuant to subparagraph (A) are records of the same type as the records that the Government has had the right to examine under the audit access clauses of the previous transactions referred to in such clause that were entered into by that particular party, entity, or subordinate element. “(C) Waiver.— The Head of the Contracting Activity for the Corps of Engineers may waive the applicability of subparagraph (A) to a transaction if the Head of the Contracting Activity for the Corps of Engineers— “(i) determines that it would not be in the public interest to apply the requirement to the transaction; and “(ii) transmits to the Committee on Environment and Public Works of the Senate, the Committee on Transportation and Infrastructure of the House of Representatives, and the Comptroller General, before the transaction is entered into, a notification of the waiver, including the rationale for the determination under clause (i). “(D) Timing.— The Comptroller General may not examine records pursuant to subparagraph (A) more than 3 years after the final payment is made by the United States under the transaction. “(E) Report.— Not later than 1 year after the date of enactment of the Water Resources Development Act of 2022, and annually thereafter, the Comptroller General shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the use of the authority under this paragraph. “(8) Termination of authority.— The authority to enter into a transaction under this subsection shall terminate on December 31, 2028. “(d) Coordination and Consultation.— In carrying out this section, the Secretary may coordinate and consult with Federal agencies, State and local agencies, Indian Tribes, universities, consortiums, councils, and other relevant entities that will aid in the planning, design, construction, operation, and maintenance of water resources development projects. “(e) Annual Report.— “(1) In general.— For fiscal year 2025, and annually thereafter, in conjunction with the annual budget submission of the President to Congress under section 1105(a) of title 31, United States Code, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on basic, applied, and advanced research activities and prototype projects carried out under this section. “(2) Contents.— Each report under paragraph (1) shall include— “(A) a description of each ongoing and new activity or project, including— “(i) the estimated total cost of the activity or project; “(ii) the amount of Federal expenditures for the activity or project; “(iii) the amounts provided by a non-Federal party to a transaction described in subsection (c), if applicable; “(iv) the estimated timeline for completion of the activity or project; “(v) the requesting district of the Corps of Engineers, if applicable; and “(vi) how the activity or project is consistent with subsection (a); and “(B) any additional information that the Secretary determines to be appropriate. “(f) Savings Clause.— Nothing in this section affects the authority of the Secretary to carry out, through the Engineer Research and Development Center, any activity requested by a district of the Corps of Engineers in support of a water resources development project or feasibility study (as defined in section 105(d) of the Water Resources Development Act of 1986 (33 U.S.C. 2215(d))). “(g) Establishment of Account.— The Secretary, in consultation with the Director of the Office of Management and Budget, shall establish a separate appropriations account for administering funds made available to carry out this section.” .

11 of 11 references resolved to an enrolled provision