I 

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. 

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

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1 SECTION 1. ONE-YEAR EXTENSION OF OTHER TRANS2 ACTION AUTHORITY. 

3 Section 831 of the Homeland Security Act of 2002 

4 (6 U.S.C. 391(a)) is amended— 

5 (1) in subsection (a)— 

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

7 2008, the Secretary may carry out a pilot pro8 gram’’ and inserting ‘‘If the Secretary issues 

9 policy guidance by September 30, 2008, detail10 ing the appropriate use of other transaction au11 thority and provides mandatory other trans12 action training to each employee who has the 

13 authority to handle procurements under other 

14 transaction authority, the Secretary may, before 

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

16 (B) in paragraph (1), by striking ‘‘sub17 section (b)’’ and inserting ‘‘subsection (b)(1)’’; 

18 (2) in subsection (b)— 

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

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

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

22 (B) by redesignating paragraphs (1) and 

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

24 and realigning such subparagraphs, as so redes25 ignated, so as to be indented 4 ems from the 

26 left margin; and 

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

2 paragraph: 

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

4 TRANSACTION AUTHORITY.— 

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

6 submit to the Committee on Homeland Security 

7 and Governmental Affairs and the Committee 

8 on Commerce, Science, and Transportation of 

9 the Senate and the Committee on Homeland 

10 Security of the House of Representatives an an11 nual report on the exercise of other transaction 

12 authority under subsection (a). 

13 ‘‘(B) CONTENT.—The report required 

14 under subparagraph (A) shall include the fol15 lowing: 

16 ‘‘(i) The technology areas in which re17 search projects were conducted under other 

18 transactions. 

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

20 among Federal and non-Federal sources. 

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

22 other transactions— 

23 ‘‘(I) has contributed to a broad24 ening of the technology and industrial 

25 base available for meeting the needs 

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1 of the Department of Homeland Secu2 rity; and 

3 ‘‘(II) has fostered within the 

4 technology and industrial base new re5 lationships and practices that support 

6 the national security of the United 

7 States. 

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

9 if any, that were received by the Federal 

10 Government during the fiscal year covered 

11 by the report. 

12 ‘‘(v) The rationale for using other 

13 transaction authority, including why grants 

14 or Federal Acquisition Regulation-based 

15 contracts were not used, the extent of com16 petition, and the amount expended for 

17 each such project.’’. 

Passed the Senate September 23 (legislative day, 

September 17), 2008. 

Attest: NANCY ERICKSON, 

Secretary. 

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