Authority
In general
section 4021 of title 101When 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 (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.
Prototype projects
Procurement of temporary and intermittent services
Additional requirements
In general
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.
Definition of nontraditional Government contractor
section 4022(e) of title 10In this section, the term “nontraditional Government contractor” has the same meaning as the term “nontraditional defense contractor” as defined in .
Pub. L. 107–296, title VIII, § 831116 Stat. 2224Pub. L. 110–161, div. E, title V, § 572121 Stat. 2093Pub. L. 110–329, div. D, title V, § 537122 Stat. 3687Pub. L. 111–83, title V, § 531123 Stat. 2174Pub. L. 112–10, div. B, title VI, § 1651125 Stat. 146Pub. L. 112–74, div. D, title V, § 527125 Stat. 974Pub. L. 113–6, div. D, title V, § 525127 Stat. 371Pub. L. 113–76, div. F, title V, § 525128 Stat. 273Pub. L. 114–4, title V, § 523129 Stat. 65Pub. L. 114–113, div. F, title V, § 523129 Stat. 2516Pub. L. 115–31, div. F, title V, § 514131 Stat. 427Pub. L. 117–81, div. A, title XVII, § 1702(c)(1)135 Stat. 2155Pub. L. 117–263, div. G, title LXXII, § 7227(b)136 Stat. 3675(, , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , .)
Editorial Notes
References in Text
Pub. L. 112–74, div. D, title V, § 527(3)125 Stat. 974Subsection (d), referred to in subsec. (a), was redesignated subsec. (c) of this section by , , .
Pub. L. 112–74, div. D, title V, § 527(2)125 Stat. 974Subsection (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 , , . See 2011 Amendment note for subsec. (b) below.
Amendments
Pub. L. 117–263, § 7227(b)(1)(A)2022—Subsec. (a). , substituted “” for “” in introductory provisions.
Pub. L. 117–263, § 7227(b)(1)(B)Public Law 103–160Subsec. (a)(2). , 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 (). 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.”
Pub. L. 117–263, § 7227(b)(2)Subsec. (c)(1). , substituted “” for “” in introductory provisions.
Pub. L. 117–263, § 7227(b)(3)section 4022(e) of title 10Public Law 103–16010 U.S.C. 2371Subsec. (d). , substituted “.” for “section 845(e) of the National Defense Authorization Act for Fiscal Year 1994 (; note).”
Pub. L. 117–812021—Subsec. (a)(1). substituted “section 4021” for “section 2371”.
Pub. L. 115–31, § 514(1)2017—Subsec. (a). , substituted “Until ,” for “Until ,” in introductory provisions.
Pub. L. 115–31, § 514(2)Subsec. (c)(1). , substituted “,” for “,” in introductory provisions.
Pub. L. 114–113, § 523(1)2015—Subsec. (a). , substituted “Until ,” for “Until ,” in introductory provisions.
Pub. L. 114–4, § 523(1), substituted “Until ,” for “Until ,” in introductory provisions.
Pub. L. 114–113, § 523(2)Subsec. (c)(1). , substituted “,” for “,” in introductory provisions.
Pub. L. 114–4, § 523(2), substituted “,” for “,” in introductory provisions.
Pub. L. 113–76, § 525(1)2014—Subsec. (a). , substituted “Until ,” for “Until ,” in introductory provisions.
Pub. L. 113–76, § 525(2)Subsec. (c)(1). , substituted “,” for “,” in introductory provisions.
Pub. L. 113–6, § 525(1)2013—Subsec. (a). , substituted “Until ,” for “Until ,” in introductory provisions.
Pub. L. 113–6, § 525(2)Subsec. (c)(1). , substituted “,” for “,” in introductory provisions.
Pub. L. 112–74, § 527(1)2011—Subsec. (a). , substituted “Until ,” for “Until ” in introductory provisions.
Pub. L. 112–10, § 1651(1), substituted “Until ” for “Until ” in introductory provisions.
Pub. L. 112–74, § 527(2)Subsec. (b). , (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.”.
Pub. L. 112–74, § 527(3)Subsec. (c). , redesignated subsec. (d) as (c). Former subsec. (c) redesignated (b).
Pub. L. 112–74, § 527(4)Subsec. (c)(1). , substituted “,” for “” in introductory provisions.
Pub. L. 112–74, § 527(3)Subsec. (d). , redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).
Pub. L. 112–10, § 1651(2)Subsec. (d)(1). , substituted “” for “” in introductory provisions.
Pub. L. 111–83, § 531(1)2009—Subsec. (a). , substituted “,” for “” in introductory provisions.
Pub. L. 111–83, § 531(2)Subsec. (d)(1). , substituted “,” for “,” in introductory provisions.
Pub. L. 110–329, § 537(1)2008—Subsec. (a). , substituted “Until and subject to subsection (d),” for “Until ,” in introductory provisions.
Pub. L. 110–329, § 537(2)Subsecs. (d), (e). , (3), added subsec. (d) and redesignated former subsec. (d) as (e).
Pub. L. 110–1612007—Subsec. (a). 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
Pub. L. 117–263Prior to amendment by section 7227(b)(1)(A), (2) of , 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)Pub. L. 116–26, title III, § 302133 Stat. 1021, as added by , , , 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, § 561129 Stat. 2521