Title 6, Domestic SecurityRelease 119-110

§393 Special Streamlined Acquisition Authority

Title 6 › CHAPTER 1 — HOMELAND SECURITY ORGANIZATION › SUBCHAPTER VIII — COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS › Part D — Acquisitions › § 393

Last updated Sep 22, 2026|Official source

Summary

Allows the Secretary to use faster buying rules for Department purchases made from the law’s start until September 30, 2007, if the Secretary puts in writing that the Department’s mission would be seriously harmed without them. Only a Presidentially appointed, Senate‑confirmed officer may make that written finding. Within 7 days of the finding, the Secretary must notify and explain the decision to the House Committee on Government Reform and the Senate Committee on Governmental Affairs. The Secretary can let a limited number of employees make small purchases up to $7,500. Those employees must be fewer than current noncompetitive buyers, spread out where terrorist targets are likely, and small enough to monitor. A supervisor must review their purchases at least monthly and may oversee no more than 7 such employees. The simplified purchase limits may be treated as $200,000 for buys inside the United States and $300,000 for buys outside the United States. The Secretary may call items or services “commercial” for procurement rules, and a usual $5,000,000 cap is raised to $7,500,000 for those buys. Any authority that would expire under section 4202(e) of the Clinger‑Cohen Act of 1996 will still apply to these procurements. The Comptroller General must report to the two committees no later than 180 days after the end of fiscal year 2005 on how these authorities were used, whether they helped the mission, whether they got good value, how many employees were designated by each agency, how monitoring was done, and any recommendations.

Full Legal Text

Title 6, §393

Domestic Security, Source: USLM XML via OLRC

(a)Authority
(1)In general
The Secretary may use the authorities set forth in this section with respect to any procurement made during the period beginning on the effective date of this chapter and ending September 30, 2007, if the Secretary determines in writing that the mission of the Department (as described in section 111 of this title) would be seriously impaired without the use of such authorities.
(2)Delegation
The authority to make the determination described in paragraph (1) may not be delegated by the Secretary to an officer of the Department who is not appointed by the President with the advice and consent of the Senate.
(3)Notification
Not later than the date that is 7 days after the date of any determination under paragraph (1), the Secretary shall submit to the Committee on Government Reform of the House of Representatives and the Committee on Governmental Affairs of the Senate—
(A)notification of such determination; and
(B)the justification for such determination.
(b)Increased micro-purchase threshold for certain procurements
(1)In general
The Secretary may designate certain employees of the Department to make procurements described in subsection (a) for which in the administration of section 1902 of title 41 the amount specified in subsections (a), (d), and (e) of such section 1902 shall be deemed to be $7,500.
(2)Number of employees
The number of employees designated under paragraph (1) shall be—
(A)fewer than the number of employees of the Department who are authorized to make purchases without obtaining competitive quotations, pursuant to section 1902(d) of title 41;
(B)sufficient to ensure the geographic dispersal of the availability of the use of the procurement authority under such paragraph at locations reasonably considered to be potential terrorist targets; and
(C)sufficiently limited to allow for the careful monitoring of employees designated under such paragraph.
(3)Review
Procurements made under the authority of this subsection shall be subject to review by a designated supervisor on not less than a monthly basis. The supervisor responsible for the review shall be responsible for no more than 7 employees making procurements under this subsection.
(c)Simplified acquisition procedures
(1)In general
With respect to a procurement described in subsection (a), the Secretary may deem the simplified acquisition threshold referred to in section 134 of title 41 to be—
(A)in the case of a contract to be awarded and performed, or purchase to be made, within the United States, $200,000; and
(B)in the case of a contract to be awarded and performed, or purchase to be made, outside of the United States, $300,000.
(2)Omitted
(d)Application of certain commercial items authorities
(1)In general
With respect to a procurement described in subsection (a), the Secretary may deem any item or service to be a commercial item for the purpose of Federal procurement laws.
(2)Limitation
The $5,000,000 limitation provided in section 1901(a)(2) of title 41 and section 3305(a)(2) of title 41 shall be deemed to be $7,500,000 for purposes of property or services under the authority of this subsection.
(3)Certain authority
Authority under a provision of law referred to in paragraph (2) that expires under section 4202(e) of the Clinger-Cohen Act of 1996 (divisions D and E of Public Law 104–106; 10 U.S.C. 2304 note) shall, notwithstanding such section, continue to apply for a procurement described in subsection (a).
(e)Report
Not later than 180 days after the end of fiscal year 2005, the Comptroller General shall submit to the Committee on Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives a report on the use of the authorities provided in this section. The report shall contain the following:
(1)An assessment of the extent to which property and services acquired using authorities provided under this section contributed to the capacity of the Federal workforce to facilitate the mission of the Department as described in section 111 of this title.
(2)An assessment of the extent to which prices for property and services acquired using authorities provided under this section reflected the best value.
(3)The number of employees designated by each executive agency under subsection (b)(1).
(4)An assessment of the extent to which the Department has implemented subsections (b)(2) and (b)(3) to monitor the use of procurement authority by employees designated under subsection (b)(1).
(5)Any recommendations of the Comptroller General for improving the effectiveness of the implementation of the provisions of this section.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The

Effective Date

of this chapter, referred to in subsec. (a)(1), is 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an

Effective Date

note under section 101 of this title. section 4202(e) of the Clinger-Cohen Act of 1996, referred to in subsec. (d)(3), is section 4202(e) of Pub. L. 104–106, which is set out as a note under section 2304 of Title 10, Armed Forces. Codification In subsec. (b)(1), “section 1902 of title 41” substituted for “section 32 of the Office of Federal Procurement Policy Act (41 U.S.C. 428)” and “subsections (a), (d), and (e) of such section 1902” substituted for “subsections (c), (d), and (f) of such section 32” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In subsec. (b)(2)(A), “section 1902(d) of title 41” substituted for “section 32(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 428(c))” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In subsec. (c)(1), “section 134 of title 41” substituted for “section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11))” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In subsec. (d)(2), “section 1901(a)(2) of title 41” substituted for “section 31(a)(2) of the Office of Federal Procurement Policy Act (41 U.S.C. 427(a)(2))” and “section 3305(a)(2) of title 41” substituted for “section 303(g)(1)(B) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(g)(1)(B))” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. Section is comprised of section 833 of Pub. L. 107–296. Subsec. (c)(2) of section 833 of Pub. L. 107–296 amended section 416 of former Title 41, Public Contracts.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. Committee on Oversight and Accountability of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 5, One Hundred Nineteenth Congress, Jan. 3, 2025. Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.

Reference

Citations & Metadata

Citation

6 U.S.C. § 393

Title 6, Domestic Security

Last Updated

Sep 22, 2026

Release point: 119-110