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Title 6 — Domestic Security

Part D · Chapter 1 — Homeland Security Organization

§ 391. Research and development projects

Statutory text

(a)

Authority

Until , and subject to subsection (d),1 the Secretary may carry out a pilot program under which the Secretary may exercise the following authorities:

(1)

In general

When the Secretary carries out basic, applied, and advanced research and development projects, including the expenditure of funds for such projects, the Secretary may exercise the same authority (subject to the same limitations and conditions) with respect to such research and projects as the Secretary of Defense may exercise under section 4021 of title 10 (except for subsections (b) and (f)), after making a determination that the use of a contract, grant, or cooperative agreement for such project is not feasible or appropriate. The annual report required under subsection (b) 1 of this section, as applied to the Secretary by this paragraph, shall be submitted to the President of the Senate and the Speaker of the House of Representatives.

(2)

Prototype projects

The Secretary—

(A)

may, under the authority of paragraph (1), carry out prototype projects under section 4022 of title 10; and

(B)

in applying the authorities of such section 4022, the Secretary shall perform the functions of the Secretary of Defense as prescribed in such section.

(b)

Procurement of temporary and intermittent services

The Secretary may—

(1)

procure the temporary or intermittent services of experts or consultants (or organizations thereof) in accordance with section 3109(b) of title 5; and

(2)

whenever necessary due to an urgent homeland security need, procure temporary (not to exceed 1 year) or intermittent personal services, including the services of experts or consultants (or organizations thereof), without regard to the pay limitations of such section 3109.

(c)

Additional requirements

(1)

In general

The authority of the Secretary under this section shall terminate , unless before that date the Secretary—

(A)

issues policy guidance detailing the appropriate use of that authority; and

(B)

provides training to each employee that is authorized to exercise that authority.

(2)

Report

The Secretary shall provide an annual report to the Committees on Appropriations of the Senate and the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives detailing the projects for which the authority granted by subsection (a) was used, the rationale for its use, the funds spent using that authority, the outcome of each project for which that authority was used, and the results of any audits of such projects.

(d)

Definition of nontraditional Government contractor

In this section, the term “nontraditional Government contractor” has the same meaning as the term “nontraditional defense contractor” as defined in section 4022(e) of title 10.

Footnotes

  1. 1 See References in Text note below.

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. Homeland Security Act of 2002

    Pub. L. 107–296 title VIII § 831 · 116 Stat. 2135

    Enacted · 6 U.S.C. § 391

    Pub. L. 107–296, title VIII, § 831, Nov. 25, 2002, 116 Stat. 2224

    Source evidence

    Code source credit
    Pub. L. 107–296, title VIII, § 831, Nov. 25, 2002, 116 Stat. 2224

    Enacted provision · exact public law section
    SEC. 831. RESEARCH AND DEVELOPMENT PROJECTS. (a) Authority.— During the 5-year period following the effective date of this Act, the Secretary may carry out a pilot program under which the Secretary may exercise the following authorities: (1) In general.— When the Secretary carries out basic, applied, and advanced research and development projects, including the expenditure of funds for such projects, the Secretary may exercise the same authority (subject to the same limitations and conditions) with respect to such research and projects as the Secretary of Defense may exercise under section 2371 of title 10, United States Code (except for subsections (b) and (f)), after making a determination that the use of a contract, grant, or cooperative agreement for such project is not feasible or appropriate. The annual report required under subsection (b) of this section, as applied to the Secretary by this paragraph, shall be submitted to the President of the Senate and the Speaker of the House of Representatives. (2) Prototype projects.— The Secretary may, under the authority of paragraph (1), carry out prototype projects in accordance with the requirements and conditions provided for carrying out prototype projects under section 845 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160). In applying the authorities of that section 845, subsection (c) of that section shall apply with respect to prototype projects under this paragraph, and the Secretary shall perform the functions of the Secretary of Defense under subsection (d) thereof. (b) Report.— Not later than 2 years after the effective date of this Act, and annually thereafter, the Comptroller General shall report to the Committee on Government Reform of the House of Representatives and the Committee on Governmental Affairs of the Senate on— (1) whether use of the authorities described in subsection (a) attracts nontraditional Government contractors and results in the acquisition of needed technologies; and (2) if such authorities were to be made permanent, whether additional safeguards are needed with respect to the use of such authorities. (c) Procurement of Temporary and Intermittent Services.— The Secretary may— (1) procure the temporary or intermittent services of experts or consultants (or organizations thereof) in accordance with section 3109(b) of title 5, United States Code; and (2) whenever necessary due to an urgent homeland security need, procure temporary (not to exceed 1 year) or intermittent personal services, including the services of experts or consultants (or organizations thereof), without regard to the pay limitations of such section 3109. (d) Definition of Nontraditional Government Contractor.— In this section, the term “nontraditional Government contractor” has the same meaning as the term “nontraditional defense contractor” as defined in section 845(e) of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103-160; 10 U.S.C. 2371 note).

  2. Department of Homeland Security Appropriations Act, 2008

    Pub. L. 110–161 div. E title V § 572 · 121 Stat. 1844

    Substituted · 6 U.S.C. § 391(a)

    Pub. L. 110–161 substituted “Until September 30, 2008” for “During the 5-year period following the effective date of this chapter” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 110–161 substituted “Until September 30, 2008” for “During the 5-year period following the effective date of this chapter” in introductory provisions.

    Enacted provision · exact public law section
    Sec. 572. Section 831(a) of the Homeland Security Act of 2002 (6 U.S.C. 391(a)) is amended by striking “During the 5-year period following the effective date of this Act” and inserting “Until September 30, 2008”.

  3. Department of Homeland Security Appropriations Act, 2009

    Pub. L. 110–329 § 537(1) · 122 Stat. 3574

    Substituted · 6 U.S.C. § 391(a)

    Pub. L. 110–329, § 537(1), substituted “Until September 30, 2009 and subject to subsection (d),” for “Until September 30, 2008,” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 110–329, § 537(1), substituted “Until September 30, 2009 and subject to subsection (d),” for “Until September 30, 2008,” in introductory provisions.

    Enacted provision · exact public law section
    (1) in subsection (a), by striking “Until September 30, 2008,” and inserting “Until September 30, 2009 and subject to subsection (d),”;

  4. Department of Homeland Security Appropriations Act, 2009

    Pub. L. 110–329 § 537(2) · 122 Stat. 3574

    1. Added · 6 U.S.C. § 391(d); 6 U.S.C. § 391(e)

      Pub. L. 110–329, § 537(2), (3), added subsec. (d)

    2. Redesignated · 6 U.S.C. § 391(d); 6 U.S.C. § 391(e)

      Pub. L. 110–329, § 537(2), (3), redesignated former subsec. (d) as (e)

    Source evidence

    Code amendment note
    Subsecs. (d), (e). Pub. L. 110–329, § 537(2), (3), added subsec. (d) and redesignated former subsec. (d) as (e).

    Enacted provision · exact public law section
    (2) by redesignating subsection (d) as subsection (e); and

  5. Department of Homeland Security Appropriations Act, 2010

    Pub. L. 111–83 § 531(1) · 123 Stat. 2142

    Substituted · 6 U.S.C. § 391(a)

    Pub. L. 111–83, § 531(1), substituted “September 30, 2010,” for “September 30, 2009” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 111–83, § 531(1), substituted “September 30, 2010,” for “September 30, 2009” in introductory provisions.

    Enacted provision · exact public law section
    (1) in subsection (a), by striking “Until September 30, 2009” and inserting “Until September 30, 2010,”; and

  6. Department of Homeland Security Appropriations Act, 2010

    Pub. L. 111–83 § 531(2) · 123 Stat. 2142

    Substituted · 6 U.S.C. § 391(d)(1)

    Pub. L. 111–83, § 531(2), substituted “September 30, 2010,” for “September 30, 2009,” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 111–83, § 531(2), substituted “September 30, 2010,” for “September 30, 2009,” in introductory provisions.

    Enacted provision · exact public law section
    (2) in subsection (d)(1), by striking “September 30, 2009,” and inserting “September 30, 2010,”.

  7. Full-Year Continuing Appropriations Act, 2011

    Pub. L. 112–10 § 1651(1) · 125 Stat. 146

    Substituted · 6 U.S.C. § 391(a)

    Pub. L. 112–10, § 1651(1), substituted “Until September 30, 2011” for “Until September 30, 2010” in introductory provisions

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 112–10, § 1651(1), substituted “Until September 30, 2011” for “Until September 30, 2010” in introductory provisions.

    Enacted provision · exact public law section
    (1) in subsection (a), by striking “Until September 30, 2010” and inserting “Until September 30, 2011”; and

  8. Full-Year Continuing Appropriations Act, 2011

    Pub. L. 112–10 § 1651(2) · 125 Stat. 146

    Substituted · 6 U.S.C. § 391(d)(1)

    Pub. L. 112–10, § 1651(2), substituted “September 30, 2011” for “September 30, 2010” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 112–10, § 1651(2), substituted “September 30, 2011” for “September 30, 2010” in introductory provisions.

    Enacted provision · exact public law section
    (2) in subsection (d)(1), by striking “September 30, 2010” and inserting “September 30, 2011”.

  9. Financial Services and General Government Appropriations Act, 2012

    Pub. L. 112–74 § 527(1) · 125 Stat. 974

    Substituted · 6 U.S.C. § 391(a)

    Pub. L. 112–74, § 527(1), substituted “Until September 30, 2012,” for “Until September 30, 2011” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 112–74, § 527(1), substituted “Until September 30, 2012,” for “Until September 30, 2011” in introductory provisions.

    Enacted provision · exact public law section
    Sec. 527. Of the amounts made available under the heading “Policy and Operations” for the maintenance, protection, and disposal of the U.S. Coast Guard Service Center at Governor’s Island, New York and the Lorton Correctional Facility in Lorton, Virginia in prior years whether appropriated directly to the General Services Administration (GSA) or to any other agency of the Government and received by GSA for such purpose, $4,600,000 are rescinded.

  10. Financial Services and General Government Appropriations Act, 2012

    Pub. L. 112–74 § 527(2) · 125 Stat. 974

    1. Redesignated · 6 U.S.C. § 391(b)

      Pub. L. 112–74, § 527(2), (3), redesignated subsec. (c) as (b)

    2. Struck · 6 U.S.C. § 391(b)

      Pub. L. 112–74, § 527(2), (3), struck out former subsec. (b). Text read as follows: “Not later than 2 years after the effective date of this chapter, and annually thereafter, the Comptroller General shall report to the Committee on Government Reform of the House of Representatives and the Committee on Governmental Affairs of the Senate on—

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 112–74, § 527(2), (3), redesignated subsec. (c) as (b) and struck out former subsec. (b). Text read as follows: “Not later than 2 years after the effective date of this chapter, and annually thereafter, the Comptroller General shall report to the Committee on Government Reform of the House of Representatives and the Committee on Governmental Affairs of the Senate on—

    “(1) whether use of the authorities described in subsection (a) of this section attracts nontraditional Government contractors and results in the acquisition of needed technologies; and “(2) if such authorities were to be made permanent, whether additional safeguards are needed with respect to the use of such authorities.”.

    Enacted provision · exact public law section
    Sec. 527. Of the amounts made available under the heading “Policy and Operations” for the maintenance, protection, and disposal of the U.S. Coast Guard Service Center at Governor’s Island, New York and the Lorton Correctional Facility in Lorton, Virginia in prior years whether appropriated directly to the General Services Administration (GSA) or to any other agency of the Government and received by GSA for such purpose, $4,600,000 are rescinded.

  11. Financial Services and General Government Appropriations Act, 2012

    Pub. L. 112–74 § 527(3) · 125 Stat. 974

    Redesignated · 6 U.S.C. § 391(c)

    Pub. L. 112–74, § 527(3), redesignated subsec. (d) as (c). Former subsec. (c) redesignated (b)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 112–74, § 527(3), redesignated subsec. (d) as (c). Former subsec. (c) redesignated (b).

    Enacted provision · exact public law section
    Sec. 527. Of the amounts made available under the heading “Policy and Operations” for the maintenance, protection, and disposal of the U.S. Coast Guard Service Center at Governor’s Island, New York and the Lorton Correctional Facility in Lorton, Virginia in prior years whether appropriated directly to the General Services Administration (GSA) or to any other agency of the Government and received by GSA for such purpose, $4,600,000 are rescinded.

  12. Financial Services and General Government Appropriations Act, 2012

    Pub. L. 112–74 § 527(4) · 125 Stat. 974

    Substituted · 6 U.S.C. § 391(c)(1)

    Pub. L. 112–74, § 527(4), substituted “September 30, 2012,” for “September 30, 2011” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 112–74, § 527(4), substituted “September 30, 2012,” for “September 30, 2011” in introductory provisions.

    Enacted provision · exact public law section
    Sec. 527. Of the amounts made available under the heading “Policy and Operations” for the maintenance, protection, and disposal of the U.S. Coast Guard Service Center at Governor’s Island, New York and the Lorton Correctional Facility in Lorton, Virginia in prior years whether appropriated directly to the General Services Administration (GSA) or to any other agency of the Government and received by GSA for such purpose, $4,600,000 are rescinded.

  13. Financial Services and General Government Appropriations Act, 2012

    Pub. L. 112–74 § 527(3) · 125 Stat. 974

    Redesignated · 6 U.S.C. § 391(d)

    Pub. L. 112–74, § 527(3), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 112–74, § 527(3), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).

    Enacted provision · exact public law section
    Sec. 527. Of the amounts made available under the heading “Policy and Operations” for the maintenance, protection, and disposal of the U.S. Coast Guard Service Center at Governor’s Island, New York and the Lorton Correctional Facility in Lorton, Virginia in prior years whether appropriated directly to the General Services Administration (GSA) or to any other agency of the Government and received by GSA for such purpose, $4,600,000 are rescinded.

  14. Commerce, Justice, Science, and Related Agencies Appropriations Act, 2013

    Pub. L. 113–6 § 525(1) · 127 Stat. 198

    Substituted · 6 U.S.C. § 391(a)

    Pub. L. 113–6, § 525(1), substituted “Until September 30, 2013,” for “Until September 30, 2012,” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 113–6, § 525(1), substituted “Until September 30, 2013,” for “Until September 30, 2012,” in introductory provisions.

    Enacted provision · exact public law section
    Sec. 525. None of the funds appropriated or otherwise made available by this Act may be used to enter into a contract in an amount greater than $5,000,000 or to award a grant in excess of such amount unless the prospective contractor or grantee certifies in writing to the agency awarding the contract or grant that, to the best of its knowledge and belief, the contractor or grantee has filed all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

  15. Commerce, Justice, Science, and Related Agencies Appropriations Act, 2013

    Pub. L. 113–6 § 525(2) · 127 Stat. 198

    Substituted · 6 U.S.C. § 391(c)(1)

    Pub. L. 113–6, § 525(2), substituted “September 30, 2013,” for “September 30, 2012,” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 113–6, § 525(2), substituted “September 30, 2013,” for “September 30, 2012,” in introductory provisions.

    Enacted provision · exact public law section
    Sec. 525. None of the funds appropriated or otherwise made available by this Act may be used to enter into a contract in an amount greater than $5,000,000 or to award a grant in excess of such amount unless the prospective contractor or grantee certifies in writing to the agency awarding the contract or grant that, to the best of its knowledge and belief, the contractor or grantee has filed all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

  16. Commerce, Justice, Science, and Related Agencies Appropriations Act, 2014

    Pub. L. 113–76 § 525(1) · 128 Stat. 5

    Substituted · 6 U.S.C. § 391(a)

    Pub. L. 113–76, § 525(1), substituted “Until September 30, 2014,” for “Until September 30, 2013,” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 113–76, § 525(1), substituted “Until September 30, 2014,” for “Until September 30, 2013,” in introductory provisions.

    Enacted provision · exact public law section
    Sec. 525. None of the funds made available in this Act may be used to purchase first class or premium airline travel in contravention of sections 301–10.122 through 301–10.124 of title 41 of the Code of Federal Regulations.

  17. Commerce, Justice, Science, and Related Agencies Appropriations Act, 2014

    Pub. L. 113–76 § 525(2) · 128 Stat. 5

    Substituted · 6 U.S.C. § 391(c)(1)

    Pub. L. 113–76, § 525(2), substituted “September 30, 2014,” for “September 30, 2013,” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 113–76, § 525(2), substituted “September 30, 2014,” for “September 30, 2013,” in introductory provisions.

    Enacted provision · exact public law section
    Sec. 525. None of the funds made available in this Act may be used to purchase first class or premium airline travel in contravention of sections 301–10.122 through 301–10.124 of title 41 of the Code of Federal Regulations.

  18. Department of Homeland Security Appropriations Act, 2015

    Pub. L. 114–4 § 523(1) · 129 Stat. 39

    Substituted · 6 U.S.C. § 391(a)

    Pub. L. 114–4, § 523(1), substituted “Until September 30, 2015,” for “Until September 30, 2014,” in introductory provisions

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 114–4, § 523(1), substituted “Until September 30, 2015,” for “Until September 30, 2014,” in introductory provisions.

    Enacted provision · exact public law section
    (1) in subsection (a), by striking “Until September 30, 2014,” and inserting “Until September 30, 2015,”; and

  19. Department of Homeland Security Appropriations Act, 2015

    Pub. L. 114–4 § 523(2) · 129 Stat. 39

    Substituted · 6 U.S.C. § 391(c)(1)

    Pub. L. 114–4, § 523(2), substituted “September 30, 2015,” for “September 30, 2014,” in introductory provisions

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 114–4, § 523(2), substituted “September 30, 2015,” for “September 30, 2014,” in introductory provisions.

    Enacted provision · exact public law section
    (2) in subsection (c)(1), by striking “September 30, 2014,” and inserting “September 30, 2015,”.

  20. Commerce, Justice, Science, and Related Agencies Appropriations Act, 2016

    Pub. L. 114–113 § 523(1) · 129 Stat. 2242

    Substituted · 6 U.S.C. § 391(a)

    Pub. L. 114–113, § 523(1), substituted “Until September 30, 2016,” for “Until September 30, 2015,” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 114–113, § 523(1), substituted “Until September 30, 2016,” for “Until September 30, 2015,” in introductory provisions.

    Enacted provision · exact public law section
    Sec. 523. None of the funds appropriated or otherwise made available by this Act may be used to enter into a contract in an amount greater than $5,000,000 or to award a grant in excess of such amount unless the prospective contractor or grantee certifies in writing to the agency awarding the contract or grant that, to the best of its knowledge and belief, the contractor or grantee has filed all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

  21. Commerce, Justice, Science, and Related Agencies Appropriations Act, 2016

    Pub. L. 114–113 § 523(2) · 129 Stat. 2242

    Substituted · 6 U.S.C. § 391(c)(1)

    Pub. L. 114–113, § 523(2), substituted “September 30, 2016,” for “September 30, 2015,” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 114–113, § 523(2), substituted “September 30, 2016,” for “September 30, 2015,” in introductory provisions.

    Enacted provision · exact public law section
    Sec. 523. None of the funds appropriated or otherwise made available by this Act may be used to enter into a contract in an amount greater than $5,000,000 or to award a grant in excess of such amount unless the prospective contractor or grantee certifies in writing to the agency awarding the contract or grant that, to the best of its knowledge and belief, the contractor or grantee has filed all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

  22. Commerce, Justice, Science, and Related Agencies Appropriations Act, 2017

    Pub. L. 115–31 § 514(1) · 131 Stat. 135

    Substituted · 6 U.S.C. § 391(a)

    Pub. L. 115–31, § 514(1), substituted “Until September 30, 2017,” for “Until September 30, 2016,” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 115–31, § 514(1), substituted “Until September 30, 2017,” for “Until September 30, 2016,” in introductory provisions.

    Enacted provision · exact public law section
    (1) any matter described in section 552(b) of title 5, United States Code; and

  23. Commerce, Justice, Science, and Related Agencies Appropriations Act, 2017

    Pub. L. 115–31 § 514(2) · 131 Stat. 135

    Substituted · 6 U.S.C. § 391(c)(1)

    Pub. L. 115–31, § 514(2), substituted “September 30, 2017,” for “September 30, 2016,” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 115–31, § 514(2), substituted “September 30, 2017,” for “September 30, 2016,” in introductory provisions.

    Enacted provision · exact public law section
    (2) sensitive personal information for any individual, the public access to which could be used to commit identity theft or for other inappropriate or unlawful purposes.

  24. National Defense Authorization Act for Fiscal Year 2022

    Pub. L. 117–81 div. A title XVII § 1702(c)(1) · 135 Stat. 1541

    Substituted · 6 U.S.C. § 391(a)(1)

    Pub. L. 117–81 substituted “section 4021” for “section 2371”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 117–81 substituted “section 4021” for “section 2371”.

    Enacted provision · exact public law section
    (1) Section 831(a)(1) of the Homeland Security Act of 2002 (6 U.S.C. 391(a)) is amended by striking “section 2371” and inserting “section 4021”.

  25. Advancing American AI Act

    Pub. L. 117–263 § 7227(b)(1)(A) · 136 Stat. 2395

    Substituted · 6 U.S.C. § 391(a)

    Pub. L. 117–263, § 7227(b)(1)(A), substituted “September 30, 2024” for “September 30, 2017” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 117–263, § 7227(b)(1)(A), substituted “September 30, 2024” for “September 30, 2017” in introductory provisions.

    Enacted provision · exact public law section
    (A) in the matter preceding paragraph (1), by striking “September 30, 2017” and inserting “September 30, 2024”; and

  26. Advancing American AI Act

    Pub. L. 117–263 § 7227(b)(1)(B) · 136 Stat. 2395

    Amended · 6 U.S.C. § 391(a)(2)

    Pub. L. 117–263, § 7227(b)(1)(B), amended par. (2) generally. Prior to amendment, text read as follows: “The Secretary may, under the authority of paragraph (1), carry out prototype projects in accordance with the requirements and conditions provided for carrying out prototype projects under section 845 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160). In applying the authorities of that section 845, subsection (c) of that section shall apply with respect to prototype projects under this paragraph, and the Secretary shall perform the functions of the Secretary of Defense under subsection (d) thereof.”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 117–263, § 7227(b)(1)(B), amended par. (2) generally. Prior to amendment, text read as follows: “The Secretary may, under the authority of paragraph (1), carry out prototype projects in accordance with the requirements and conditions provided for carrying out prototype projects under section 845 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160). In applying the authorities of that section 845, subsection (c) of that section shall apply with respect to prototype projects under this paragraph, and the Secretary shall perform the functions of the Secretary of Defense under subsection (d) thereof.”

    Enacted provision · exact public law section
    (B) by amending paragraph (2) to read as follows: “(2) Prototype projects.— The Secretary— “(A) may, under the authority of paragraph (1), carry out prototype projects under section 4022 of title 10, United States Code; and “(B) in applying the authorities of such section 4022, the Secretary shall perform the functions of the Secretary of Defense as prescribed in such section.” ;

  27. Advancing American AI Act

    Pub. L. 117–263 § 7227(b)(2) · 136 Stat. 2395

    Substituted · 6 U.S.C. § 391(c)(1)

    Pub. L. 117–263, § 7227(b)(2), substituted “September 30, 2024” for “September 30, 2017” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 117–263, § 7227(b)(2), substituted “September 30, 2024” for “September 30, 2017” in introductory provisions.

    Enacted provision · exact public law section
    (2) in subsection (c)(1), by striking “September 30, 2017” and inserting “September 30, 2024”; and

  28. Advancing American AI Act

    Pub. L. 117–263 § 7227(b)(3) · 136 Stat. 2395

    Substituted · 6 U.S.C. § 391(d)

    Pub. L. 117–263, § 7227(b)(3), substituted “section 4022(e) of title 10.” for “section 845(e) of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2371 note).”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 117–263, § 7227(b)(3), substituted “section 4022(e) of title 10.” for “section 845(e) of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2371 note).”

    Enacted provision · exact public law section
    (3) in subsection (d), by striking “section 845(e)” and all that follows and inserting “section 4022(e) of title 10, United States Code.”.

30 of 30 references resolved to an enrolled provision

Editorial Notes

References in Text

Subsection (d), referred to in subsec. (a), was redesignated subsec. (c) of this section by Pub. L. 112–74, div. D, title V, § 527(3), , 125 Stat. 974.

Subsection (b) of this section, referred to in subsec. (a)(1), probably means the former subsec. (b) of this section which related to annual reports by the Comptroller General and which was struck out by Pub. L. 112–74, div. D, title V, § 527(2), , 125 Stat. 974. See 2011 Amendment note for subsec. (b) below.

Amendments2007–2022 · 10 rounds

2022

Subsec. (a). Pub. L. 117–263, § 7227(b)(1)(A), substituted “” for “” in introductory provisions.

Subsec. (a)(2). Pub. L. 117–263, § 7227(b)(1)(B), amended par. (2) generally. Prior to amendment, text read as follows: “The Secretary may, under the authority of paragraph (1), carry out prototype projects in accordance with the requirements and conditions provided for carrying out prototype projects under section 845 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160). In applying the authorities of that section 845, subsection (c) of that section shall apply with respect to prototype projects under this paragraph, and the Secretary shall perform the functions of the Secretary of Defense under subsection (d) thereof.”

Subsec. (c)(1). Pub. L. 117–263, § 7227(b)(2), substituted “” for “” in introductory provisions.

Subsec. (d). Pub. L. 117–263, § 7227(b)(3), substituted “section 4022(e) of title 10.” for “section 845(e) of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2371 note).”

2021

Subsec. (a)(1). Pub. L. 117–81 substituted “section 4021” for “section 2371”.

2017

Subsec. (a). Pub. L. 115–31, § 514(1), substituted “Until ,” for “Until ,” in introductory provisions.

Subsec. (c)(1). Pub. L. 115–31, § 514(2), substituted “,” for “,” in introductory provisions.

2015

Subsec. (a). Pub. L. 114–113, § 523(1), substituted “Until ,” for “Until ,” in introductory provisions.

Pub. L. 114–4, § 523(1), substituted “Until ,” for “Until ,” in introductory provisions.

Subsec. (c)(1). Pub. L. 114–113, § 523(2), substituted “,” for “,” in introductory provisions.

Pub. L. 114–4, § 523(2), substituted “,” for “,” in introductory provisions.

2014

Subsec. (a). Pub. L. 113–76, § 525(1), substituted “Until ,” for “Until ,” in introductory provisions.

Subsec. (c)(1). Pub. L. 113–76, § 525(2), substituted “,” for “,” in introductory provisions.

2013

Subsec. (a). Pub. L. 113–6, § 525(1), substituted “Until ,” for “Until ,” in introductory provisions.

Subsec. (c)(1). Pub. L. 113–6, § 525(2), substituted “,” for “,” in introductory provisions.

2011

Subsec. (a). Pub. L. 112–74, § 527(1), substituted “Until ,” for “Until ” in introductory provisions.

Pub. L. 112–10, § 1651(1), substituted “Until ” for “Until ” in introductory provisions.

Subsec. (b). Pub. L. 112–74, § 527(2), (3), redesignated subsec. (c) as (b) and struck out former subsec. (b). Text read as follows: “Not later than 2 years after the effective date of this chapter, and annually thereafter, the Comptroller General shall report to the Committee on Government Reform of the House of Representatives and the Committee on Governmental Affairs of the Senate on—

“(1) whether use of the authorities described in subsection (a) of this section attracts nontraditional Government contractors and results in the acquisition of needed technologies; and

“(2) if such authorities were to be made permanent, whether additional safeguards are needed with respect to the use of such authorities.”.

Subsec. (c). Pub. L. 112–74, § 527(3), redesignated subsec. (d) as (c). Former subsec. (c) redesignated (b).

Subsec. (c)(1). Pub. L. 112–74, § 527(4), substituted “,” for “” in introductory provisions.

Subsec. (d). Pub. L. 112–74, § 527(3), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).

Subsec. (d)(1). Pub. L. 112–10, § 1651(2), substituted “” for “” in introductory provisions.

2009

Subsec. (a). Pub. L. 111–83, § 531(1), substituted “,” for “” in introductory provisions.

Subsec. (d)(1). Pub. L. 111–83, § 531(2), substituted “,” for “,” in introductory provisions.

2008

Subsec. (a). Pub. L. 110–329, § 537(1), substituted “Until and subject to subsection (d),” for “Until ,” in introductory provisions.

Subsecs. (d), (e). Pub. L. 110–329, § 537(2), (3), added subsec. (d) and redesignated former subsec. (d) as (e).

2007

Subsec. (a). Pub. L. 110–161 substituted “Until ” for “During the 5-year period following the effective date of this chapter” in introductory provisions.

Statutory Notes and Related Subsidiaries

Extension of Secretary’s Authority

Prior to amendment by section 7227(b)(1)(A), (2) of Pub. L. 117–263, extensions of the Secretary’s authority in subsecs. (a) and (c)(1) of this section were provided as follows:

Pub. L. 117–103, div. F, title V, § 529(a), , 136 Stat. 340, provided that subsecs. (a) and (c)(1) of this section would be applied by substituting , for .

Pub. L. 116–260, div. F, title V, § 531(a), , 134 Stat. 1473, provided that subsecs. (a) and (c)(1) of this section would be applied by substituting , for .

Pub. L. 116–93, div. D, title V, § 531(a), , 133 Stat. 2530, provided that subsecs. (a) and (c)(1) of this section would be applied by substituting , for .

Pub. L. 116–6, div. A, title V, § 541(a), as added by Pub. L. 116–26, title III, § 302, , 133 Stat. 1021, provided that subsecs. (a) and (c)(1) of this section would be applied by substituting , for .

Pub. L. 115–141, div. F, title V, § 538(a), , 132 Stat. 632, provided that subsecs. (a) and (c)(1) of this section would be applied by substituting , for .

Documentation Requirements for Major Acquisition Programs

Pub. L. 114–113, div. F, title V, § 561, , 129 Stat. 2521, provided that:

“(a)

Each major acquisition program of the Department of Homeland Security, as defined in Department of Homeland Security Management Directive 102–2, shall meet established acquisition documentation requirements for its acquisition program baseline established in the Department of Homeland Security Instruction Manual 102–01–001 and the Department of Homeland Security Acquisition Instruction/Guidebook 102–01–001, Appendix K.

“(b)

The Department shall report to the Committees on Appropriations of the Senate and the House of Representatives in the Comprehensive Acquisition Status Report and its quarterly updates, required under the heading ‘Office of the Under Secretary for Management’ of this Act [div. F of Pub. L. 114–113, 129 Stat. 2493], on any major acquisition program that does not meet such documentation requirements and the schedule by which the program will come into compliance with these requirements.

“(c)

None of the funds made available by this or any other Act for any fiscal year may be used for a major acquisition program that is out of compliance with such documentation requirements for more than two years except that funds may be used solely to come into compliance with such documentation requirements or to terminate the program.”

Credits

2002–2022 · 13 acts
  1. 2002Pub. L. 107–296, title VIII, § 831, , 116 Stat. 2224
  2. 2007Pub. L. 110–161, div. E, title V, § 572, , 121 Stat. 2093
  3. 2008Pub. L. 110–329, div. D, title V, § 537, , 122 Stat. 3687
  4. 2009Pub. L. 111–83, title V, § 531, , 123 Stat. 2174
  5. 2011Pub. L. 112–10, div. B, title VI, § 1651, , 125 Stat. 146
  6. 2011Pub. L. 112–74, div. D, title V, § 527, , 125 Stat. 974
  7. 2013Pub. L. 113–6, div. D, title V, § 525, , 127 Stat. 371
  8. 2014Pub. L. 113–76, div. F, title V, § 525, , 128 Stat. 273
  9. 2015Pub. L. 114–4, title V, § 523, , 129 Stat. 65
  10. 2015Pub. L. 114–113, div. F, title V, § 523, , 129 Stat. 2516
  11. 2017Pub. L. 115–31, div. F, title V, § 514, , 131 Stat. 427
  12. 2021Pub. L. 117–81, div. A, title XVII, § 1702(c)(1), , 135 Stat. 2155
  13. 2022Pub. L. 117–263, div. G, title LXXII, § 7227(b), , 136 Stat. 3675.
Show as published

(Pub. L. 107–296, title VIII, § 831, , 116 Stat. 2224; Pub. L. 110–161, div. E, title V, § 572, , 121 Stat. 2093; Pub. L. 110–329, div. D, title V, § 537, , 122 Stat. 3687; Pub. L. 111–83, title V, § 531, , 123 Stat. 2174; Pub. L. 112–10, div. B, title VI, § 1651, , 125 Stat. 146; Pub. L. 112–74, div. D, title V, § 527, , 125 Stat. 974; Pub. L. 113–6, div. D, title V, § 525, , 127 Stat. 371; Pub. L. 113–76, div. F, title V, § 525, , 128 Stat. 273; Pub. L. 114–4, title V, § 523, , 129 Stat. 65; Pub. L. 114–113, div. F, title V, § 523, , 129 Stat. 2516; Pub. L. 115–31, div. F, title V, § 514, , 131 Stat. 427; Pub. L. 117–81, div. A, title XVII, § 1702(c)(1), , 135 Stat. 2155; Pub. L. 117–263, div. G, title LXXII, § 7227(b), , 136 Stat. 3675.)

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USLM identifier /us/usc/t6/s391