156 
partment as part of a major acquisition 
program. 
‘‘(B) LIMITATION.—The Under Secretary 
shall not apply the process to— 
‘‘(i) radiological or nuclear detection 
and countermeasure technologies developed 
or procured by the Department; and 
‘‘(ii) procurement of information tech-
nology.’’. 
SEC. 706. OPERATIONAL TEST AND EVALUATION. 
(a) IN GENERAL.—Title VII (6 U.S.C. 341 et seq.) 
is further amended by adding at the end of the following 
new section: 
‘‘SEC. 713. OPERATIONAL TEST AND EVALUATION. 
‘‘(a) ESTABLISHMENT.—There is established within 
the Department a Director of Operational Test and Eval-
uation. 
‘‘(b) RESPONSIBILITIES, AUTHORITIES, AND FUNC-
TIONS.—The Director of Operational Test and Evalua-
tion— 
‘‘(1) shall advise the Secretary, the Under Sec-
retary for Management, the Under Secretary for 
Science and Technology, and the heads of other rel-
evant components of the Department regarding all 
VerDate Mar 15 2010 
21:35 Oct 07, 2011
Jkt 019200
PO 00000
Frm 00156
Fmt 6652
Sfmt 6201
E:\BILLS\H3116.IH
H3116
jlentini on DSK4TPTVN1PROD with BILLS
157 
activities related to operational test and evaluation 
in the Department; and 
‘‘(2) shall— 
‘‘(A) prescribe operational test and evalua-
tion policies and procedures for the Depart-
ment, which shall include policies to ensure that 
operational testing is done at facilities that al-
ready have relevant and appropriate safety and 
material certifications to the extent such facili-
ties are available; 
‘‘(B) ensure the effectiveness, reliability, 
and suitability of operational testing and eval-
uation activities planned and conducted by or 
on behalf of components of the Department in 
major acquisition programs of the Department; 
‘‘(C) review and approve all operational 
test plans and evaluation procedures for major 
acquisition programs of the Department; 
‘‘(D) provide the Department with inde-
pendent and objective assessments of the ade-
quacy of operational testing and evaluation ac-
tivities conducted by or on behalf of the Depart-
ment for major acquisition programs of the De-
partment; and 
VerDate Mar 15 2010 
21:35 Oct 07, 2011
Jkt 019200
PO 00000
Frm 00157
Fmt 6652
Sfmt 6201
E:\BILLS\H3116.IH
H3116
jlentini on DSK4TPTVN1PROD with BILLS
158 
‘‘(E) coordinate operational testing con-
ducted jointly by more than one component of 
the Department. 
‘‘(c) ACCESS
TO INFORMATION.—The Director of 
Operational Test and Evaluation— 
‘‘(1) shall have prompt and full access to test 
and evaluation and acquisition documents, data, and 
test results of the Department that the Director con-
siders necessary in order to carry out the duties 
under this section; and 
‘‘(2) may designate observers to be present dur-
ing the preparation for and the conducting of any 
operational test and evaluation within the Depart-
ment. 
‘‘(d) LIMITATION.—The Director is not required to 
carry out operational testing.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) is further amended by adding at the end 
of the items relating to such title the following: 
‘‘Sec. 713. Operational test and evaluation.’’. 
SEC. 707. AVAILABILITY OF TESTING FACILITIES AND 
EQUIPMENT. 
(a) IN GENERAL.—Title III (6 U.S.C. 181 et seq.) 
is further amended by adding at the end the following new 
section: 
VerDate Mar 15 2010 
21:35 Oct 07, 2011
Jkt 019200
PO 00000
Frm 00158
Fmt 6652
Sfmt 6201
E:\BILLS\H3116.IH
H3116
jlentini on DSK4TPTVN1PROD with BILLS
159 
‘‘SEC. 322. AVAILABILITY OF TESTING FACILITIES AND 
EQUIPMENT. 
‘‘(a) IN GENERAL.—The Under Secretary for Science 
and Technology may make available to any person, for an 
appropriate fee, the services of any testing facility owned 
by the Federal Government and operated by the Direc-
torate for Science and Technology for the testing of mate-
rials, equipment, models, computer software, and other 
items designed to advance the homeland security mission. 
‘‘(b) INTERFERENCE WITH FEDERAL PROGRAMS.— 
The Under Secretary shall ensure that the testing at such 
facilities of materials, equipment, models, computer soft-
ware, or other items not owned by the Federal Govern-
ment do not cause personnel or other resources of the Fed-
eral Government to be diverted from scheduled Federal 
Government tests or otherwise interfere with Federal Gov-
ernment mission requirements. 
‘‘(c) CONFIDENTIALITY OF TEST RESULTS.—The re-
sults of tests performed by a person with services made 
available under subsection (a) and any associated data 
provided by the person for the conduct of the tests— 
‘‘(1) are trade secrets and commercial or finan-
cial information that is privileged or confidential 
within the meaning of section 552(b)(4) of title 5, 
United States Code; and 
VerDate Mar 15 2010 
21:35 Oct 07, 2011
Jkt 019200
PO 00000
Frm 00159
Fmt 6652
Sfmt 6201
E:\BILLS\H3116.IH
H3116
jlentini on DSK4TPTVN1PROD with BILLS
160 
‘‘(2) may not be disclosed outside the Federal 
Government without the consent of the person for 
which the tests are performed. 
‘‘(d) FEES.—The fee for using the services of a facil-
ity under subsection (a) may not exceed the amount nec-
essary to recoup the direct and indirect costs involved, 
such as direct costs of utilities, contractor support, and 
salaries of personnel, that are incurred by the Federal 
Government to provide for the testing. 
‘‘(e) USE OF FEES.—Any fee collected under sub-
section (a) shall be credited to the appropriations or other 
funds of the Directorate of Science and Technology and 
shall be used to directly support the research and develop-
ment activities of the Department.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) is further amended by adding at the end 
of the items relating to title III the following new item: 
‘‘Sec. 322. Availability of testing facilities and equipment.’’. 
SEC. 708. BIOFORENSICS CAPABILITIES. 
(a) IN GENERAL.—Title III (6 U.S.C. 181 et seq.) 
is further amended by adding at the end the following new 
section: 
‘‘SEC. 323. BIOFORENSICS CAPABILITIES. 
‘‘(a) BIOFORENSICS ANALYSIS CENTER.—There is 
authorized in the Department a bioforensics analysis cen-
VerDate Mar 15 2010 
21:35 Oct 07, 2011
Jkt 019200
PO 00000
Frm 00160
Fmt 6652
Sfmt 6201
E:\BILLS\H3116.IH
H3116
jlentini on DSK4TPTVN1PROD with BILLS