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

(a) Authority: (1) In general: Until September 30, 2024, and subject to subsection (d), the Secretary could run a pilot program. Under it, when the Secretary carried out basic, applied, or advanced research and development projects — including spending money on them — the Secretary could use the same authority (with the same limits and conditions) as the Secretary of Defense uses under 10 U.S.C. § 4021 (except for two of that section's subsections). This required first deciding that a contract, grant, or cooperative agreement wouldn't work for the project. The annual report that section normally requires had to go to the President of the Senate and the Speaker of the House. (2) Prototype projects: Using this same authority, the Secretary could carry out prototype projects under 10 U.S.C. § 4022, performing the same role the Secretary of Defense would normally perform under that section. (b) Procurement of temporary and intermittent services: The Secretary could hire temporary or part-time experts or consultants (or organizations of them) under 5 U.S.C. § 3109(b). Whenever an urgent homeland security need arose, the Secretary could also hire temporary staff — capped at one year — or part-time personal services, including experts or consultants, without being bound by that section's normal pay limits. (c) Additional requirements: (1) In general: This authority ended on September 30, 2024, unless before that date the Secretary had: (A) issued policy guidance on how to properly use the authority; and (B) trained every employee authorized to use it. (2) Report: The Secretary had to give an annual report to the Senate and House Appropriations Committees, the Senate Homeland Security and Governmental Affairs Committee, and the House Homeland Security Committee. The report had to detail which projects used this authority, why, how much money was spent, each project's outcome, and results of any audits of those projects. (d) Definition of nontraditional Government contractor: In this section, "nontraditional Government contractor" means the same thing as "nontraditional defense contractor" under 10 U.S.C. § 4022(e).