---
kind: "section"
citation: "33 U.S.C. § 2203"
title: "33"
title_heading: "Navigation and Navigable Waters"
number: "2203"
heading: "Review of contracting policies"
release: "119-102"
url: "https://uscodex.org/usc/33/2203"
units:
  - "Chapter 36 — Water Resources Development"
---

# §2203. Review of contracting policies

- (a) **Review of contractual agreements—**
  - (1) **In general—** Not later than 180 days after December 27, 2020, the [Secretary](/usc/33/2201.md) shall complete a review of the policies, guidelines, and regulations of the Corps of Engineers for the development of contractual agreements between the [Secretary](/usc/33/2201.md) and [non-Federal interests](/usc/33/701h.md) and utilities associated with the [construction](/usc/33/426e.md?p=c) of water resources development projects.
  - (2) **Report—** Not later than 90 days after completing the review under [subsection (a)(1)](#a-1), the [Secretary](/usc/33/2201.md) shall submit to the [Committee](/usc/33/3301.md?p=3) on Transportation and Infrastructure of the House of Representatives and the [Committee](/usc/33/3301.md?p=3) on Environment and Public Works of the Senate, and make publicly available, a report that includes—
    - (A) a summary of the results of the review; and
    - (B) public guidance on best practices for a [non-Federal interest](/usc/33/701h.md) to use when writing or developing contractual agreements with the [Secretary](/usc/33/2201.md) and utilities.
  - (3) **Provision of guidance—** The [Secretary](/usc/33/2201.md) shall provide the best practices guidance included under [paragraph (2)(A)](#a-2-A) to [non-Federal interests](/usc/33/701h.md) prior to the development of contractual agreements with such [non-Federal interests](/usc/33/701h.md).
- (b) **Sense of Congress—** It is the sense of Congress that the [Secretary](/usc/33/2201.md) 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](/usc/42/5170.md).

## Source credit

(Pub. L. 116–260, div. AA, title I, § 136, Dec. 27, 2020, 134 Stat. 2649.)

## Notes

### 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.