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 Federal employees, members of the uniformed services, or State, local, Tribal, or terri- torial employees, regarding the investigation and pre- vention of cybersecurity incidents, electronic crimes, and related cybersecurity threats, including through the dissemination of homeland security information, in accordance with relevant Federal law regarding pri- vacy, civil rights, and civil liberties protections.’’ for ‘‘The Institute shall disseminate information related to the investigation and prevention of cyber and elec- tronic crime and related threats, and educate, train, and equip State, local, tribal, and territorial law en- forcement officers, prosecutors, and judges.’’ Subsec. (b). Pub. L. 117–263, § 7123(2), amended subsec. (b) generally. Prior to amendment, subsec. (b) related to the functions of the Institute. Subsec. (c). Pub. L. 117–263, § 7123(3), substituted ‘‘cybersecurity incidents, electronic crimes, and re- lated cybersecurity threats is shared with recipients of education and training provided pursuant to subsection (a)’’ for ‘‘cyber and electronic crime and related threats is shared with State, local, tribal, and territorial law enforcement officers and prosecutors’’ and inserted at end ‘‘When selecting participants for such training, the Institute shall prioritize, to the extent reasonable and practicable, providing education and training to indi- viduals from geographically-diverse jurisdictions throughout the United States, and the Institute shall prioritize, to the extent reasonable and practicable, State, local, tribal, and territorial law enforcement of- ficers, prosecutors, judges, and other employees.’’ Subsec. (d). Pub. L. 117–263, § 7123(4), substituted ‘‘re- cipients of education and training provided pursuant to subsection (a)’’ for ‘‘State, local, tribal, and territorial law enforcement officers’’ and ‘‘for investigating and preventing cybersecurity incidents, electronic crimes, and related cybersecurity threats, and for forensic ex- aminations of computers, mobile devices, and other in- formation systems’’ for ‘‘necessary to conduct cyber and electronic crime and related threat investigations and computer and mobile device forensic examina- tions’’. Subsec. (e). Pub. L. 117–263, § 7123(5), in heading, sub- stituted ‘‘Cyber Fraud Task Forces’’ for ‘‘Electronic Crime Task Forces’’ and, in text, substituted ‘‘Cyber Fraud’’ for ‘‘Electronic Crime’’, ‘‘recipients of edu- cation and training provided pursuant to subsection (a)’’ for ‘‘State, local, tribal, and territorial law en- forcement officers’’, and ‘‘by’’ for ‘‘at’’. Subsecs. (g) to (i). Pub. L. 117–263, § 7123(6), added sub- secs. (g) to (i). PART D—ACQUISITIONS § 391. Research and development projects (a) Authority Until September 30, 2024, and subject to sub- section (d),1 the Secretary may carry out a pilot program under which the Secretary may exer- cise the following authorities: (1) In general When the Secretary carries out basic, ap- plied, 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 limi- tations and conditions) with respect to such research and projects as the Secretary of De- fense may exercise under section 4021 of title 10 (except for subsections (b) and (f)), after making a determination that the use of a con- tract, 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 sec- tion 4022 of title 10; and (B) in applying the authorities of such sec- tion 4022, the Secretary shall perform the functions of the Secretary of Defense as pre- scribed 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 organiza- tions 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 Page 212 TITLE 6—DOMESTIC SECURITY § 391 services, including the services of experts or consultants (or organizations thereof), with- out regard to the pay limitations of such sec- tion 3109. (c) Additional requirements (1) In general The authority of the Secretary under this section shall terminate September 30, 2024, un- less before that date the Secretary— (A) issues policy guidance detailing the ap- propriate use of that authority; and (B) provides training to each employee that is authorized to exercise that author- ity. (2) Report The Secretary shall provide an annual re- port 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 au- thority was used, and the results of any audits of such projects. (d) Definition of nontraditional Government con- tractor In this section, the term ‘‘nontraditional Gov- ernment contractor’’ has the same meaning as the term ‘‘nontraditional defense contractor’’ as defined in section 4022(e) of title 10. (Pub. L. 107–296, title VIII, § 831, Nov. 25, 2002, 116 Stat. 2224; Pub. L. 110–161, div. E, title V, § 572, Dec. 26, 2007, 121 Stat. 2093; Pub. L. 110–329, div. D, title V, § 537, Sept. 30, 2008, 122 Stat. 3687; Pub. L. 111–83, title V, § 531, Oct. 28, 2009, 123 Stat. 2174; Pub. L. 112–10, div. B, title VI, § 1651, Apr. 15, 2011, 125 Stat. 146; Pub. L. 112–74, div. D, title V, § 527, Dec. 23, 2011, 125 Stat. 974; Pub. L. 113–6, div. D, title V, § 525, Mar. 26, 2013, 127 Stat. 371; Pub. L. 113–76, div. F, title V, § 525, Jan. 17, 2014, 128 Stat. 273; Pub. L. 114–4, title V, § 523, Mar. 4, 2015, 129 Stat. 65; Pub. L. 114–113, div. F, title V, § 523, Dec. 18, 2015, 129 Stat. 2516; Pub. L. 115–31, div. F, title V, § 514, May 5, 2017, 131 Stat. 427; Pub. L. 117–81, div. A, title XVII, § 1702(c)(1), Dec. 27, 2021, 135 Stat. 2155; Pub. L. 117–263, div. G, title LXXII, § 7227(b), Dec. 23, 2022, 136 Stat. 3675.) Editorial Notes REFERENCES IN TEXT Subsection (d), referred to in subsec. (a), was redesig- nated subsec. (c) of this section by Pub. L. 112–74, div. D, title V, § 527(3), Dec. 23, 2011, 125 Stat. 974. Subsection (b) of this section, referred to in subsec. (a)(1), probably means the former subsec. (b) of this sec- tion which related to annual reports by the Comp- troller General and which was struck out by Pub. L. 112–74, div. D, title V, § 527(2), Dec. 23, 2011, 125 Stat. 974. See 2011 Amendment note for subsec. (b) below. AMENDMENTS 2022—Subsec. (a). Pub. L. 117–263, § 7227(b)(1)(A), sub- stituted ‘‘September 30, 2024’’ for ‘‘September 30, 2017’’ in introductory provisions. Subsec. (a)(2). Pub. L. 117–263, § 7227(b)(1)(B), amended par. (2) generally. Prior to amendment, text read as fol- lows: ‘‘The Secretary may, under the authority of para- graph (1), carry out prototype projects in accordance with the requirements and conditions provided for car- rying 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 func- tions of the Secretary of Defense under subsection (d) thereof.’’ Subsec. (c)(1). Pub. L. 117–263, § 7227(b)(2), substituted ‘‘September 30, 2024’’ for ‘‘September 30, 2017’’ in intro- ductory 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 ‘‘sec- tion 4021’’ for ‘‘section 2371’’. 2017—Subsec. (a). Pub. L. 115–31, § 514(1), substituted ‘‘Until September 30, 2017,’’ for ‘‘Until September 30, 2016,’’ in introductory provisions. Subsec. (c)(1). Pub. L. 115–31, § 514(2), substituted ‘‘September 30, 2017,’’ for ‘‘September 30, 2016,’’ in intro- ductory provisions. 2015—Subsec. (a). Pub. L. 114–113, § 523(1), substituted ‘‘Until September 30, 2016,’’ for ‘‘Until September 30, 2015,’’ in introductory provisions. Pub. L. 114–4, § 523(1), substituted ‘‘Until September 30, 2015,’’ for ‘‘Until September 30, 2014,’’ in introduc- tory provisions. Subsec. (c)(1). Pub. L. 114–113, § 523(2), substituted ‘‘September 30, 2016,’’ for ‘‘September 30, 2015,’’ in intro- ductory provisions. Pub. L. 114–4, § 523(2), substituted ‘‘September 30, 2015,’’ for ‘‘September 30, 2014,’’ in introductory provi- sions. 2014—Subsec. (a). Pub. L. 113–76, § 525(1), substituted ‘‘Until September 30, 2014,’’ for ‘‘Until September 30, 2013,’’ in introductory provisions. Subsec. (c)(1). Pub. L. 113–76, § 525(2), substituted ‘‘September 30, 2014,’’ for ‘‘September 30, 2013,’’ in in- troductory provisions. 2013—Subsec. (a). Pub. L. 113–6, § 525(1), substituted ‘‘Until September 30, 2013,’’ for ‘‘Until September 30, 2012,’’ in introductory provisions. Subsec. (c)(1). Pub. L. 113–6, § 525(2), substituted ‘‘Sep- tember 30, 2013,’’ for ‘‘September 30, 2012,’’ in introduc- tory provisions. 2011—Subsec. (a). Pub. L. 112–74, § 527(1), substituted ‘‘Until September 30, 2012,’’ for ‘‘Until September 30, 2011’’ in introductory provisions. Pub. L. 112–10, § 1651(1), substituted ‘‘Until September 30, 2011’’ for ‘‘Until September 30, 2010’’ 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 effec- tive 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 sub- section (a) of this section attracts nontraditional Government contractors and results in the acquisi- tion of needed technologies; and ‘‘(2) if such authorities were to be made permanent, whether additional safeguards are needed with re- spect to the use of such authorities.’’. Subsec. (c). Pub. L. 112–74, § 527(3), redesignated sub- sec. (d) as (c). Former subsec. (c) redesignated (b). Subsec. (c)(1). Pub. L. 112–74, § 527(4), substituted ‘‘September 30, 2012,’’ for ‘‘September 30, 2011’’ in intro- ductory provisions. Subsec. (d). Pub. L. 112–74, § 527(3), redesignated sub- sec. (e) as (d). Former subsec. (d) redesignated (c). Page 213 TITLE 6—DOMESTIC SECURITY § 393 Subsec. (d)(1). Pub. L. 112–10, § 1651(2), substituted ‘‘September 30, 2011’’ for ‘‘September 30, 2010’’ in intro- ductory provisions. 2009—Subsec. (a). Pub. L. 111–83, § 531(1), substituted ‘‘September 30, 2010,’’ for ‘‘September 30, 2009’’ in intro- ductory provisions. Subsec. (d)(1). Pub. L. 111–83, § 531(2), substituted ‘‘September 30, 2010,’’ for ‘‘September 30, 2009,’’ in in- troductory provisions. 2008—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. 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 September 30, 2008’’ for ‘‘During the 5-year period fol- lowing the effective date of this chapter’’ in introduc- tory 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), Mar. 15, 2022, 136 Stat. 340, provided that subsecs. (a) and (c)(1) of this section would be applied by substituting Sept. 30, 2022, for Sept. 30, 2017. Pub. L. 116–260, div. F, title V, § 531(a), Dec. 27, 2020, 134 Stat. 1473, provided that subsecs. (a) and (c)(1) of this section would be applied by substituting Sept. 30, 2021, for Sept. 30, 2017. Pub. L. 116–93, div. D, title V, § 531(a), Dec. 20, 2019, 133 Stat. 2530, provided that subsecs. (a) and (c)(1) of this section would be applied by substituting Sept. 30, 2020, for Sept. 30, 2017. Pub. L. 116–6, div. A, title V, § 541(a), as added by Pub. L. 116–26, title III, § 302, July 1, 2019, 133 Stat. 1021, pro- vided that subsecs. (a) and (c)(1) of this section would be applied by substituting Sept. 30, 2019, for Sept. 30, 2017. Pub. L. 115–141, div. F, title V, § 538(a), Mar. 23, 2018, 132 Stat. 632, provided that subsecs. (a) and (c)(1) of this section would be applied by substituting Sept. 30, 2018, for Sept. 30, 2017. DOCUMENTATION REQUIREMENTS FOR MAJOR ACQUISITION PROGRAMS Pub. L. 114–113, div. F, title V, § 561, Dec. 18, 2015, 129 Stat. 2521, provided that: ‘‘(a) Each major acquisition program of the Depart- ment of Homeland Security, as defined in Department of Homeland Security Management Directive 102–2, shall meet established acquisition documentation re- quirements for its acquisition program baseline estab- lished in the Department of Homeland Security In- struction 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 Rep- resentatives in the Comprehensive Acquisition Status Report and its quarterly updates, required under the heading ‘Office of the Under Secretary for Manage- ment’ 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 sched- ule 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 require- ments or to terminate the program.’’ § 392. Personal services The Secretary— (1) may procure the temporary or intermit- tent services of experts or consultants (or or- ganizations thereof) in accordance with sec- tion 3109 of title 5; and (2) may, whenever necessary due to an ur- gent homeland security need, procure tem- porary (not to exceed 1 year) or intermittent personal services, including the services of ex- perts or consultants (or organizations thereof), without regard to the pay limitations of such section 3109. (Pub. L. 107–296, title VIII, § 832, Nov. 25, 2002, 116 Stat. 2225.) § 393. Special streamlined acquisition authority (a) Authority (1) In general The Secretary may use the authorities set forth in this section with respect to any pro- curement made during the period beginning on the effective date of this chapter and ending September 30, 2007, if the Secretary deter- mines in writing that the mission of the De- partment (as described in section 111 of this title) would be seriously impaired without the use of such authorities. (2) Delegation The authority to make the determination described in paragraph (1) may not be dele- gated by the Secretary to an officer of the De- partment who is not appointed by the Presi- dent with the advice and consent of the Sen- ate. (3) Notification Not later than the date that is 7 days after the date of any determination under para- graph (1), the Secretary shall submit to the Committee on Government Reform of the House of Representatives and the Committee on Governmental Affairs of the Senate— (A) notification of such determination; and (B) the justification for such determina- tion. (b) Increased micro-purchase threshold for cer- tain procurements (1) In general The Secretary may designate certain em- ployees of the Department to make procure- ments described in subsection (a) for which in the administration of section 1902 of title 41 the amount specified in subsections (a), (d), and (e) of such section 1902 shall be deemed to be $7,500. (2) Number of employees The number of employees designated under paragraph (1) shall be— (A) fewer than the number of employees of the Department who are authorized to make purchases without obtaining competitive quotations, pursuant to section 1902(d) of title 41; (B) sufficient to ensure the geographic dis- persal of the availability of the use of the procurement authority under such para-