SEC. 831. [6 U.S.C. 391] RESEARCH AND DEVELOPMENT PROJECTS.

(a) Authority.--Until September 30, 2009 and subject to

subsection (d), 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,

United States Code (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.

(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 Act, 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) 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.

(c) 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, United

States Code; 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.

(d) Additional Requirements.--

(1) In general.--The authority of the Secretary

under this section shall terminate September 30, 2009,

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.

(e) 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).

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