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41 U.S.C. § 1904 — Certain transactions for defense against attack

Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 1904 — Certain transactions for defense against attack

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Source location: Title 41, Chapter 19, § 1904; chapter-019-chapter-19.md

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**(a) Authority.—** (1) **In general.—** — The head of an executive agency that engages in basic research, applied research, advanced research, and development projects that are necessary to the responsibilities of the executive agency in the field of research and development and have the potential to facilitate defense against or recovery from terrorism or nuclear, biological, chemical, or radiological attack may exercise the same authority (subject to the same restrictions and conditions) with respect to the research and projects as the Secretary of Defense may exercise under section 2371 11 See References in Text note below. of title 10, except for subsections (b) and (f) of section 2371. (2) **Prototype projects.—** — The head of an executive agency, under the authority of paragraph (1), may carry out prototype projects that meet the requirements of paragraph (1) in accordance with the requirements and conditions provided for carrying out prototype projects under section 845 1 of the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160, [10 U.S.C. 2371](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2371&num=0&edition=prelim) note), including that, to the maximum extent practicable, competitive procedures shall be used when entering into agreements to carry out projects under section 845(a) of that Act and that the period of authority to carry out projects under section 845(a) of that Act terminates as provided in section 845(i) of that Act. (3) **Application of requirements and conditions.—** — In applying the requirements and conditions of section 845 of that Act under this subsection— (A) section 845(c) of that Act shall apply with respect to prototype projects carried out under paragraph (2); and (B) the Director of the Office of Management and Budget shall perform the functions of the Secretary of Defense under section 845(d) of that Act. (4) **Applicability to selected executive agencies.—** (A) *Office of management and budget.—* — The head of an executive agency may exercise authority under this subsection for a project only if authorized by the Director of the Office of Management and Budget. (B) *Department of homeland security.—* — Authority under this subsection does not apply to the Secretary of Homeland Security while section 831 of the Homeland Security Act of 2002 ([6 U.S.C. 391](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section391&num=0&edition=prelim)) is in effect. **(b) Regulations.—** The Director of the Office of Management and Budget shall prescribe regulations to carry out this section. No transaction may be conducted under the authority of this section before the regulations take effect. **(c) Annual Report.—** The annual report of the head of an executive agency that is required under section 2371(h) 1 of title 10, as applied to the head of the executive agency by subsection (a), shall be submitted to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives. **(d) Termination of Authority.—** The authority to carry out transactions under subsection (a) terminates on September 30, 2008.

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 391 — Annual employee award program

**(a) In general** The Secretary may establish an annual employee award program to recognize Department employees or groups of employees for significant contributions to the achievement of the Department’s goals and missions. If such a program is established, the Secretary shall— (1) establish within such program categories of awards, each with specific criteria, that emphasize honoring employees who are at the nonsupervisory level; (2) publicize within the Department how any employee or group of employees may be nominated for an award; (3) establish an internal review board comprised of representatives from Department components, headquarters, and field personnel to submit to the Secretary award recommendations regarding specific employees or groups of employees; (4) select recipients from the pool of nominees submitted by the internal review board under paragraph (3) and convene a ceremony at which employees or groups of employees receive such awards from the Secretary; and (5) publicize such program within the Department. **(b) Internal review board** The internal review board described in subsection (a)(3) shall, when carrying out its function under such subsection, consult with representatives from operational components and headquarters, including supervisory and nonsupervisory personnel, and employee labor organizations that represent Department employees. **(c) Rule of construction** Nothing in this section may be construed to authorize additional funds to carry out the requirements of this section or to require the Secretary to provide monetary bonuses to recipients of an award under this section.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2371 — Renumbered § 4021]

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4021 — Research projects: transactions other than contracts and grants

**(a) Additional Forms of Transactions Authorized.—** The Secretary of Defense and the Secretary of each military department may enter into transactions (other than contracts, cooperative agreements, and grants) under the authority of this subsection in carrying out basic, applied, and advanced research projects. The authority under this subsection is in addition to the authority provided in [section 4001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4001&num=0&edition=prelim) to use contracts, cooperative agreements, and grants in carrying out such projects. **(b) Exercise of Authority by Secretary of Defense.—** In any exercise of the authority in subsection (a), the Secretary of Defense shall act through the Defense Advanced Research Projects Agency, the Defense Innovation Unit, or any other element of the Department of Defense that the Secretary may designate. **(c) Advance Payments.—** The authority provided under subsection (a) may be exercised without regard to [section 3324 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3324&num=0&edition=prelim). **(d) Recovery of Funds.—** (1) A cooperative agreement for performance of basic, applied, or advanced research authorized by [section 4001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4001&num=0&edition=prelim) and a transaction authorized by subsection (a) may include a clause that requires a person or other entity to make payments to the Department of Defense or any other department or agency of the Federal Government as a condition for receiving support under the agreement or other transaction. (2) The amount of any payment received by the Federal Government pursuant to a require

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2371 — Untitled legal text

Page 1907 TITLE 10—ARMED FORCES [§ 2378 [§ 2361a. Renumbered § 4142] [§ 2362. Renumbered § 4144] Editorial Notes PRIOR PROVISIONS A prior section 2362, added Pub. L. 99–145, title I, § 123(a)(1), Nov. 8, 1985, 99 Stat. 599; amended Pub. L. 99–433, title I, § 110(g)(4), Oct. 1, 1986, 100 Stat. 1004; Pub. L. 100–26, § 7(k)(2), Apr. 21, 1987, 101 Stat. 284, which re- lated to testing requirements for wheeled or tracked armored vehicles, was repealed by Pub. L. 103–160, div. A, title VIII, § 821(a)(3), Nov. 30, 1993, 107 Stat. 1704. [§ 2363. Renumbered § 4123] Editorial Notes PRIOR PROVISIONS A prior section 2363, added Pub. L. 99–145, title XIV, § 1457(a), Nov. 8, 1985, 99 Stat. 762, related to encourage- ment of technology transfer, prior to repeal by Pub. L. 102–484, div. D, title XLII, §§ 4224(c), 4271(a)(2), Oct. 23, 1992, 106 Stat. 2683, 2695. See section 4832 of this title. [§ 2364. Omitted] Editorial Notes CODIFICATION Section catchline and subsec. (a) were transferred to chapter 301 and redesignated as section 4014 of this title. Subsecs. (b) and (c) were transferred to sub- chapter III of chapter 303 and redesignated as subsecs. (a) and (b), respectively, of section 4125 of this title. [§ 2365. Renumbered § 4066] Editorial Notes PRIOR PROVISIONS A prior section 2365, added Pub. L. 99–500, § 101(c) [title X, § 909(a)(1), formerly § 909(a)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–142, and Pub. L. 99–591, § 101(c) [title X, § 909(a)(1), formerly § 909(a)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–142, redesignated § 909(a)(1), Pub. L. 100–26, § 4(b), Apr. 21, 1987, 101 Stat. 274; Pub. L. 99–661, div. A, title IX, formerly title IV, § 909(a)(1), Nov. 14, 1986, 100 Stat. 3921, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 1904 — Certain transactions for defense against

Page 60 TITLE 41—PUBLIC CONTRACTS § 1904 1 See References in Text note below. (A) $750,000 in the case of a contract to be awarded and performed, or purchase to be made, in the United States; and (B) $1,500,000 in the case of a contract to be awarded and performed, or purchase to be made, outside the United States; and (3) the $5,000,000 limitation in sections 1901(a)(2) and 3305(a)(2) of this title and section 3205(a)(2) of title 10 is deemed to be $10,000,000. (c) AUTHORITY TO TREAT PROPERTY OR SERVICE AS COMMERCIAL PRODUCT OR COMMERCIAL SERV- ICE.— (1) IN GENERAL.—The head of an executive agency carrying out a procurement of prop- erty or a service to which this section applies under subsection (a)(2) may treat the property or service as a commercial product or a com- mercial service for the purpose of carrying out the procurement. (2) CERTAIN CONTRACTS NOT EXEMPT FROM STANDARDS OR REQUIREMENTS.—A contract in an amount of more than $15,000,000 that is awarded on a sole source basis for a product or service treated as a commercial product or a commercial service under paragraph (1) is not exempt from— (A) cost accounting standards prescribed under section 1502 of this title; or (B) cost or pricing data requirements (commonly referred to as truth in negoti- ating) under chapter 35 of this title and chapter 271 of title 10. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3721; Pub. L. 114–92, div. A, title VIII, § 816, Nov. 25, 2015, 129 Stat. 897; Pub. L. 114–328, div. A, title VIII, § 816, title XVI, § 1641, Dec. 23, 2016, 130 Stat. 2272, 2600; Pub. L. 115–232, div. A, title VIII, § 836(b)(5), Aug. 13, 2018, 132 Stat. 1861; Pub. L. 117–81, div. A, title XVII, § 1702(h)(7), Dec. 27, 2021, 135 Stat. 2158.) HISTORICAL AND REVISION NOTES Re

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 391 — Research and development projects

Page 211 TITLE 6—DOMESTIC SECURITY § 391 1 See References in Text note below. 1 See References in Text note below. budget submitted by the President to Congress under section 1105 of title 31 is not required to be included in the report required under para- graph (1). (i) Definitions In this section: (1) Cybersecurity threat The term ‘‘cybersecurity threat’’ has the meaning given such term in section 1501 of this title. (2) Incident The term ‘‘incident’’ has the meaning given such term in section 659(a) 1 of this title. (3) Information system The term ‘‘information system’’ has the meaning given such term in section 1501(9) of this title. (Pub. L. 107–296, title VIII, § 822, as added Pub. L. 115–76, § 2(a), Nov. 2, 2017, 131 Stat. 1246; amended Pub. L. 117–263, div. G, title LXXI, § 7123, Dec. 23, 2022, 136 Stat. 3641.) Editorial Notes REFERENCES IN TEXT Section 659(a) of this title, referred to in subsec. (i)(2), was amended by Pub. L. 117–263, § 7143(b)(2)(D)(i), and no longer defines the term ‘‘incident’’. Reference to term ‘‘incident’’ as defined in this chapter deemed to be a reference to that term as defined in section 650(12) of this title, see section 7143(f)(2) of Pub. L. 117–263, set out as a Rule of Construction note under section 650 of this title. AMENDMENTS 2022—Subsec. (a). Pub. L. 117–263, § 7123(1), sub- stituted, in heading, ‘‘In general; mission’’ for ‘‘In gen- eral’’, in first sentence, ‘‘2023 through 2028’’ for ‘‘2017 through 2022’’, and, in second sentence, ‘‘The Institute’s mission shall be to educate, train, and equip State, local, territorial, and Tribal law enforcement officers, prosecutors, and judges, as well as participants in the United States Secret Service’s network of cyber fraud task forces who are

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