6 U.S.C. § 391

Section 391 · Research and development projects

Current version, with additions and removals from the November 25, 2002 version.

Current — December 23, 2022

As of November 25, 2002

(a) Authority

~~During the 5-year period following the effective date of this chapter,~~ the Secretary may carry out a pilot program under which the Secretary may exercise the following authorities:

Until September 30, 2024, 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 ~~2371~~ 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) 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.

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 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 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.

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.

~~(c)~~ Procurement of temporary and intermittent services

(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.

(1) In general

The authority of the Secretary under this section shall terminate September 30, 2024, 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 ~~845(e)~~ of ~~the National Defense Authorization Act for Fiscal Year 1994 (Public Law 103–160; 10 U.S.C. 2371 note).~~

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.

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Versions

Dec 23, 2022 – presentcurrentviewing
Annual edition
Subsec. (a). Pub. L. 117–263, § 7227(b)(1)(A), substituted “September 30, 2024” for “September 30, 2017” in introductory provisions.
▸ what changed
Source credit
Pub. L. 117–263, div. G, title LXXII, § 7227(b), Dec. 23, 2022, 136 Stat. 3675.
Dec 27, 2021 – Dec 23, 2022
OLRC release point
Subsec. (a)(1). Pub. L. 117–81 substituted “section 4021” for “section 2371”.
▸ what changed changes vs current →
Source credit
Pub. L. 117–81, div. A, title XVII, § 1702(c)(1), Dec. 27, 2021, 135 Stat. 2155
May 5, 2017 – Dec 27, 2021
OLRC release point
Subsec. (a). Pub. L. 115–31, § 514(1), substituted “Until September 30, 2017,” for “Until September 30, 2016,” in introductory provisions.
▸ what changed changes vs current →
Source credit
Pub. L. 115–31, div. F, title V, § 514, May 5, 2017, 131 Stat. 427
Dec 18, 2015 – May 5, 2017
Annual edition
Subsec. (a). Pub. L. 114–113, § 523(1), substituted “Until September 30, 2016,” for “Until September 30, 2015,” in introductory provisions.
▸ what changed changes vs current →
Source credit
Pub. L. 114–113, div. F, title V, § 523, Dec. 18, 2015, 129 Stat. 2516
Mar 4, 2015 – Dec 18, 2015
OLRC release point
Subsec. (a). Pub. L. 114–113, § 523(1), substituted “Until September 30, 2016,” for “Until September 30, 2015,” in introductory provisions.
▸ what changed changes vs current →
Source credit
Pub. L. 114–4, title V, § 523, Mar. 4, 2015, 129 Stat. 65
Jan 17, 2014 – Mar 4, 2015
Annual edition
Subsec. (a). Pub. L. 113–76, § 525(1), substituted “Until September 30, 2014,” for “Until September 30, 2013,” in introductory provisions.
▸ what changed changes vs current →
Source credit
Pub. L. 113–76, div. F, title V, § 525, Jan. 17, 2014, 128 Stat. 273
Mar 26, 2013 – Jan 17, 2014
OLRC release point
Subsec. (a). Pub. L. 113–6, § 525(1), substituted “Until September 30, 2013,” for “Until September 30, 2012,” in introductory provisions.
▸ what changed changes vs current →
Source credit
Pub. L. 113–6, div. D, title V, § 525, Mar. 26, 2013, 127 Stat. 371
Dec 23, 2011 – Mar 26, 2013
Annual edition
Subsec. (a). Pub. L. 112–74, § 527(1), substituted “Until September 30, 2012,” for “Until September 30, 2011” in introductory provisions.
changes vs current →
Source credit
Pub. L. 112–74, div. D, title V, § 527, Dec. 23, 2011, 125 Stat. 974
Apr 15, 2011 – Dec 23, 2011
Amended · full text not held
Subsec. (a). Pub. L. 112–74, § 527(1), substituted “Until September 30, 2012,” for “Until September 30, 2011” in introductory provisions.
Source credit
Pub. L. 112–10, div. B, title VI, § 1651, Apr. 15, 2011, 125 Stat. 146
Oct 28, 2009 – Apr 15, 2011
Annual edition
Subsec. (a). Pub. L. 111–83, § 531(1), substituted “September 30, 2010,” for “September 30, 2009” in introductory provisions.
▸ what changed changes vs current →
Source credit
Pub. L. 111–83, title V, § 531, Oct. 28, 2009, 123 Stat. 2174
Sep 30, 2008 – Oct 28, 2009
Annual edition
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.
▸ what changed changes vs current →
Source credit
Pub. L. 110–329, div. D, title V, § 537, Sept. 30, 2008, 122 Stat. 3687
Dec 26, 2007 – Sep 30, 2008
Annual edition
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.
▸ what changed changes vs current →
Source credit
Pub. L. 110–161, div. E, title V, § 572, Dec. 26, 2007, 121 Stat. 2093
Nov 25, 2002 – Dec 26, 2007
Annual edition
changes vs current →
Source credit
Pub. L. 107–296, title VIII, § 831, Nov. 25, 2002, 116 Stat. 2224

See all changes since 2002 → current

Every enactment and amendment in this section's credit is listed. Full text is shown for versions back to 2002; earlier amendments are recorded by date and act, without pre-1994 full text.