`[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3328 Referred in House (RFH)]







110th CONGRESS
  2d Session
                                S. 3328


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 24, 2008

             Referred to the Committee on Homeland Security

_______________________________________________________________________

                                 AN ACT


 
 To amend the Homeland Security Act of 2002 to provide for a one-year 
               extension of other transaction authority.

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

SECTION 1. ONE-YEAR EXTENSION OF OTHER TRANSACTION AUTHORITY.

    Section 831 of the Homeland Security Act of 2002 (6 U.S.C. 391(a)) 
is amended--
            (1) in subsection (a)--
                    (A) by striking ``Until September 30, 2008, the 
                Secretary may carry out a pilot program'' and inserting 
                ``If the Secretary issues policy guidance by September 
                30, 2008, detailing the appropriate use of other 
                transaction authority and provides mandatory other 
                transaction training to each employee who has the 
                authority to handle procurements under other 
                transaction authority, the Secretary may, before 
                September 30, 2009, carry out a program''; and
                    (B) in paragraph (1), by striking ``subsection 
                (b)'' and inserting ``subsection (b)(1)'';
            (2) in subsection (b)--
                    (A) by striking ``(b) Report.--Not later than 2 
                years'' and inserting ``(b) Reports.--
            ``(1) In general.--Not later than 2 years'';
                    (B) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B), respectively, and realigning 
                such subparagraphs, as so redesignated, so as to be 
                indented 4 ems from the left margin; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(2) Annual report on exercise of other transaction 
        authority.--
                    ``(A) In general.--The Secretary shall submit to 
                the Committee on Homeland Security and Governmental 
                Affairs and the Committee on Commerce, Science, and 
                Transportation of the Senate and the Committee on 
                Homeland Security of the House of Representatives an 
                annual report on the exercise of other transaction 
                authority under subsection (a).
                    ``(B) Content.--The report required under 
                subparagraph (A) shall include the following:
                            ``(i) The technology areas in which 
                        research projects were conducted under other 
                        transactions.
                            ``(ii) The extent of the cost-sharing among 
                        Federal and non-Federal sources.
                            ``(iii) The extent to which use of the 
                        other transactions--
                                    ``(I) has contributed to a 
                                broadening of the technology and 
                                industrial base available for meeting 
                                the needs of the Department of Homeland 
                                Security; and
                                    ``(II) has fostered within the 
                                technology and industrial base new 
                                relationships and practices that 
                                support the national security of the 
                                United States.
                            ``(iv) The total amount of payments, if 
                        any, that were received by the Federal 
                        Government during the fiscal year covered by 
                        the report.
                            ``(v) The rationale for using other 
                        transaction authority, including why grants or 
                        Federal Acquisition Regulation-based contracts 
                        were not used, the extent of competition, and 
                        the amount expended for each such project.''.

            Passed the Senate September 23 (legislative day, September 
      17), 2008.

            Attest:

                                                NANCY ERICKSON,

                                                             Secretary.`