II 

110TH CONGRESS 

2D SESSION S. 3328 

To amend the Homeland Security Act of 2002 to provide for a one-year 

extension of other transaction authority. 

IN THE SENATE OF THE UNITED STATES 

JULY 24 (legislative day, JULY 23), 2008 

Ms. COLLINS (for herself and Mr. LIEBERMAN) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To amend the Homeland Security Act of 2002 to provide 

for a one-year extension of other transaction authority. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. ONE-YEAR EXTENSION OF OTHER TRANS4 ACTION AUTHORITY. 

5 Section 831 of the Homeland Security Act of 2002 

6 (6 U.S.C. 391(a)) is amended— 

7 (1) in subsection (a)— 

8 (A) by striking ‘‘Until September 30, 

9 2008, the Secretary may carry out a pilot pro10 gram’’ and inserting ‘‘If the Secretary issues 


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1 policy guidance by September 30, 2008, detail2 ing the appropriate use of other transaction au3 thority and provides mandatory other trans4 action training to each employee who has the 

5 authority to handle procurements under other 

6 transaction authority, the Secretary may, before 

7 September 30, 2009, carry out a program’’; and 

8 (B) in paragraph (1), by striking ‘‘sub9 section (b)’’ and inserting ‘‘subsection (b)(1)’’; 

10 (2) in subsection (b)— 

11 (A) by striking ‘‘(b) REPORT.—Not later 

12 than 2 years’’ and inserting ‘‘(b) REPORTS.— 

13 ‘‘(1) IN GENERAL.—Not later than 2 years’’; 

14 (B) by redesignating paragraphs (1) and 

15 (2) as subparagraphs (A) and (B), respectively, 

16 and realigning such subparagraphs, as so redes17 ignated, so as to be indented 4 ems from the 

18 left margin; and 

19 (C) by adding at the end the following new 

20 paragraph: 

21 ‘‘(2) ANNUAL REPORT ON EXERCISE OF OTHER

22 TRANSACTION AUTHORITY.— 

23 ‘‘(A) IN GENERAL.—The Secretary shall 

24 submit to the Committee on Homeland Security 

25 and Governmental Affairs of the Senate and the 


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1 Committee on Homeland Security of the House 

2 of Representatives an annual report on the ex3 ercise of other transaction authority under sub4 section (a). 

5 ‘‘(B) CONTENT.—The report required 

6 under subparagraph (A) shall include the fol7 lowing: 

8 ‘‘(i) The technology areas in which re9 search projects were conducted under other 

10 transactions. 

11 ‘‘(ii) The extent of the cost-sharing 

12 among Federal and non-Federal sources. 

13 ‘‘(iii) The extent to which use of the 

14 other transactions— 

15 ‘‘(I) has contributed to a broad16 ening of the technology and industrial 

17 base available for meeting the needs 

18 of the Department of Homeland Secu19 rity; and 

20 ‘‘(II) has fostered within the 

21 technology and industrial base new re22 lationships and practices that support 

23 the national security of the United 

24 States. 


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1 ‘‘(iv) The total amount of payments, 

2 if any, that were received by the Federal 

3 Government during the fiscal year covered 

4 by the report. 

5 ‘‘(v) The rationale for using other 

6 transaction authority, including why grants 

7 or Federal Acquisition Regulation-based 

8 contracts were not used, the extent of com9 petition, and the amount expended for 

10 each such project.’’. 

Æ 


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