6 U.S.C. § 396 — Lead system integrator; financial interests

Page 216 TITLE 6—DOMESTIC SECURITY § 396 (Pub. L. 107–296, title VIII, § 835, Nov. 25, 2002, 116 Stat. 2227; Pub. L. 108–7, div. L, § 101(2), Feb. 20, 2003, 117 Stat. 528; Pub. L. 108–334, title V, § 523, Oct. 18, 2004, 118 Stat. 1320.) Editorial Notes AMENDMENTS 2004—Subsec. (a). Pub. L. 108–334, § 523(1), inserted be- fore period at end ‘‘, or any subsidiary of such an enti- ty’’. Subsec. (b)(1). Pub. L. 108–334, § 523(2), inserted ‘‘be- fore, on, or’’ after ‘‘completes’’. Subsec. (c)(1)(B). Pub. L. 108–334, § 523(3), struck out ‘‘which is after November 25, 2002, and’’ after ‘‘begin- ning on the date’’. Subsec. (d). Pub. L. 108–334, § 523(4), substituted ‘‘na- tional’’ for ‘‘homeland’’. 2003—Subsec. (d). Pub. L. 108–7 struck out ‘‘, or to prevent the loss of any jobs in the United States or pre- vent the Government from incurring any additional costs that otherwise would not occur’’ before period at end. § 396. Lead system integrator; financial interests (a) In general With respect to contracts entered into after July 1, 2007, and except as provided in subsection (b), no entity performing lead system integrator functions in the acquisition of a major system by the Department of Homeland Security may have any direct financial interest in the devel- opment or construction of any individual sys- tem or element of any system of systems. (b) Exception An entity described in subsection (a) may have a direct financial interest in the development or construction of an individual system or element of a system of systems if— (1) the Secretary of Homeland Security cer- tifies to the Committees on Appropriations of the Senate and the House of Representatives, the Committee on Homeland Security of the House of Representatives, the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Com- merce, Science and Transportation of the Sen- ate that— (A) the entity was selected by the Depart- ment of Homeland Security as a contractor to develop or construct the system or ele- ment concerned through the use of competi- tive procedures; and (B) the Department took appropriate steps to prevent any organizational conflict of in- terest in the selection process; or (2) the entity was selected by a subcon- tractor to serve as a lower-tier subcontractor, through a process over which the entity exer- cised no control. (c) Construction Nothing in this section shall be construed to preclude an entity described in subsection (a) from performing work necessary to integrate two or more individual systems or elements of a system of systems with each other. (d) Regulations update Not later than July 1, 2007, the Secretary of Homeland Security shall update the acquisition regulations of the Department of Homeland Se- curity in order to specify fully in such regula- tions the matters with respect to lead system integrators set forth in this section. Included in such regulations shall be: (1) a precise and com- prehensive definition of the term ‘‘lead system integrator’’, modeled after that used by the De- partment of Defense; and (2) a specification of various types of contracts and fee structures that are appropriate for use by lead system inte- grators in the production, fielding, and sustainment of complex systems. (Pub. L. 110–28, title VI, § 6405, May 25, 2007, 121 Stat. 176.) Editorial Notes CODIFICATION Section was enacted as part of the U.S. Troop Readi- ness, Veterans’ Care, Katrina Recovery, and Iraq Ac- countability Appropriations Act, 2007, and not as part of the Homeland Security Act of 2002 which comprises this chapter. § 397. Requirements to buy certain items related to national security interests (a) Definitions In this section: (1) Covered item The term ‘‘covered item’’ means any of the following: (A) Footwear provided as part of a uni- form. (B) Uniforms. (C) Holsters and tactical pouches. (D) Patches, insignia, and embellishments. (E) Chemical, biological, radiological, and nuclear protective gear. (F) Body armor components intended to provide ballistic protection for an indi- vidual, consisting of 1 or more of the fol- lowing: (i) Soft ballistic panels. (ii) Hard ballistic plates. (iii) Concealed armor carriers worn under a uniform. (iv) External armor carriers worn over a uniform. (G) Any other item of clothing or protec- tive equipment as determined appropriate by the Secretary. (2) Frontline operational component The term ‘‘frontline operational component’’ means any of the following entities of the De- partment: (A) U.S. Customs and Border Protection. (B) U.S. Immigration and Customs En- forcement. (C) The United States Secret Service. (D) The Transportation Security Adminis- tration. (E) The Federal Protective Service. (F) The Federal Emergency Management Agency. (G) The Federal Law Enforcement Train- ing Centers. (H) The Cybersecurity and Infrastructure Security Agency.