
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2361]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
                  CHAPTER 139--RESEARCH AND DEVELOPMENT
 
Sec. 2361. 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 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 2304 of this title (other than pursuant to 
    subsection (c)(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.

(Added Pub. L. 100-456, div. A, title II, Sec. 220(a), Sept. 29, 1988, 
102 Stat. 1940; amended Pub. L. 101-189, div. A, title II, Sec. 252(a), 
(b)(1), (c)(1), Nov. 29, 1989, 103 Stat. 1404, 1405; Pub. L. 101-510, 
div. A, title XIII, Sec. 1311(4), Nov. 5, 1990, 104 Stat. 1669; Pub. L. 
103-35, title II, Sec. 201(g)(5), May 31, 1993, 107 Stat. 100; Pub. L. 
103-160, div. A, title VIII, Sec. 821(b), Nov. 30, 1993, 107 Stat. 1704; 
Pub. L. 103-337, div. A, title VIII, Sec. 813, Oct. 5, 1994, 108 Stat. 
2816; Pub. L. 104-106, div. A, title II, Sec. 264, title XV, 
Sec. 1502(a)(1), Feb. 10, 1996, 110 Stat. 237, 502; Pub. L. 104-201, 
div. A, title II, Sec. 265, Sept. 23, 1996, 110 Stat. 2466.)


                            Prior Provisions

    A prior section 2361 was renumbered section 2351 of this title.


                               Amendments

    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 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 
report shall include--
        ``(A) a list of each college and university that, during 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 received during 
    that period by each such college and university.
    ``(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, Sec. 1502(a)(1), substituted 
``Committee on Armed Services of the Senate and the Committee on 
National Security of the House of Representatives'' for ``Committees on 
Armed Services of the Senate and House of Representatives''.
    Subsec. (c)(2). Pub. L. 104-106, Sec. 264, substituted ``preceding 
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 ``inconsistent'' 
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 report shall include--
        ``(A) a list of each college and university that, during 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 received 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, Sec. 1311(4)(A), substituted 
``an annual report'' for ``a semiannual report'' in introductory 
provisions.
    Subsec. (c)(2). Pub. L. 101-510, Sec. 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 ending 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, Sec. 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, Sec. 252(b)(1), amended subsec. (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 
subsection (a) unless that provision of law specifically refers 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, Sec. 252(c)(1), added subsec. (c).


                    Effective Date of 1993 Amendment

    Section 821(b) of Pub. L. 103-160 provided that the amendment made 
by that section is effective Feb. 1, 1994.


                    Effective Date of 1989 Amendment

    Section 252(b)(2) of Pub. L. 101-189 provided that: ``Subsection (b) 
of section 2361 of title 10, United States Code, as amended by paragraph 
(1), applies with respect to any provision of law enacted after 
September 30, 1989.''


                             Effective Date

    Section 220(c) of Pub. L. 100-456 provided that: ``The limitation 
specified in section 2361(a) of title 10, United States Code (as added 
by subsection (a)), on the authority of the Secretary of Defense to make 
grants and award contracts shall take effect on October 1, 1989.''


  Initial Report on Use of Competitive Procedures in Awarding Contracts

    Section 252(c)(2) of Pub. L. 101-189 required that first report 
under subsec. (c) of this section cover last six months of 1989 and be 
submitted not later than Feb. 1, 1990.
