1
 See References in Text note below.
the Secretary may carry out a pilot program under which the Secretary may exercise the following authorities:
Editorial Notes
References in Text

Subsection (d), referred to in subsec. (a), was redesignated 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 section which related to annual reports by the Comptroller 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), substituted “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 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 (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.”

Subsec. (c)(1). Pub. L. 117–263, § 7227(b)(2), substituted “September 30, 2024” for “September 30, 2017” in introductory 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 “section 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 introductory 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 introductory provisions.

Subsec. (c)(1). Pub. L. 114–113, § 523(2), substituted “September 30, 2016,” for “September 30, 2015,” in introductory provisions.

Pub. L. 114–4, § 523(2), substituted “September 30, 2015,” for “September 30, 2014,” in introductory provisions.

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 introductory 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 “September 30, 2013,” for “September 30, 2012,” in introductory 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 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.”.

Subsec. (c). Pub. L. 112–74, § 527(3), redesignated subsec. (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 introductory provisions.

Subsec. (d). Pub. L. 112–74, § 527(3), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).

Subsec. (d)(1). Pub. L. 112–10, § 1651(2), substituted “September 30, 2011” for “September 30, 2010” in introductory provisions.

2009—Subsec. (a). Pub. L. 111–83, § 531(1), substituted “September 30, 2010,” for “September 30, 2009” in introductory provisions.

Subsec. (d)(1). Pub. L. 111–83, § 531(2), substituted “September 30, 2010,” for “September 30, 2009,” in introductory 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 following the effective date of this chapter” in introductory 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, provided 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 Department of Homeland Security, as defined in Department of Homeland Security Management Directive 102–2, shall meet established acquisition documentation requirements for its acquisition program baseline established in the Department of Homeland Security Instruction 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 Representatives in the Comprehensive Acquisition Status Report and its quarterly updates, required under the heading ‘Office of the Under Secretary for Management’ 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 schedule 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 requirements or to terminate the program.”