[Congressional Record Volume 154, Number 151 (Tuesday, September 23, 2008)]
[Senate]
[Pages S9335-S9336]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          LEGISLATIVE SESSION

                                 ______
                                 

                    HOMELAND SECURITY AMENDMENT ACT

  Mr. MENENDEZ. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 952, S. 3328.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 3328) to amend the Homeland Security Act of 2002 
     to provide for a one-year extension of other transaction 
     authority.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. MENENDEZ. I ask unanimous consent that the Lieberman amendment at 
the desk be agreed to; the bill, as amended, be read a third time and 
passed; the motions to reconsider be laid upon the table with no 
intervening action or debate; and that any statements related thereto 
be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 5638) was agreed to, as follows:

             (Purpose: To provide for additional oversight)

       On page 3, line 5, strike ``Affairs of'' and insert: 
     ``Affairs and the Committee on Commerce, Science, and 
     Transportation of''.


[[Page S9336]]


  The bill (S. 3328), as amended, was ordered to be engrossed for a 
third reading, read the third time and passed, as follows:

                                S. 3328

       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.''.

                          ____________________