HR 4290

110th CONGRESS
1st Session

H. R. 4290

To amend the Homeland Security Act of 2002 to provide for additional availability of testing facilities and equipment and to extend the authority of the Secretary of Homeland Security to carry out certain research and development projects.

IN THE HOUSE OF REPRESENTATIVES

December 5, 2007

Mr. MCCAUL of Texas introduced the following bill; which was referred to the Committee on Homeland Security

A BILL

To amend the Homeland Security Act of 2002 to provide for additional availability of testing facilities and equipment and to extend the authority of the Secretary of Homeland Security to carry out certain research and development projects.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the `Homeland Security Technology Advancement Act'.

SEC. 2. EXTENSION OF AUTHORITY OF SECRETARY OF HOMELAND SECURITY TO CARRY OUT CERTAIN RESEARCH AND DEVELOPMENT PROJECTS.

    Section 831(a) of the Homeland Security Act of 2002 (6 U.S.C. 391(a)) is amended--

      (1) by striking `5-year' and inserting `10-year'; and

      (2) by striking `the Secretary may carry out a pilot program under which'.

SEC. 3. AVAILABILITY OF TESTING FACILITIES AND EQUIPMENT.

    (a) Amendment- Title III of the Homeland Security Act of 2002 (6 U.S.C. 181 et seq.) is amended by adding at the end the following new section:

`SEC. 316. AVAILABILITY OF TESTING FACILITIES AND EQUIPMENT.

    `(a) Authority- The Under Secretary for Science and Technology or his designee may make available to any person or entity, for an appropriate fee, the services of any Department of Homeland Security owned and operated center, or other testing facility for the testing of materials, equipment, models, computer software, and other items designed to advance the homeland security mission.

    `(b) Interference With Federal Programs- The Under Secretary for Science and Technology shall ensure that the testing of materiel and other items not owned by the Government shall not cause government personnel or other government resources to be diverted from scheduled tests of Government materiel or otherwise interfere with Government mission requirements.

    `(c) Confidentiality of Test Results- The results of tests performed with services made available under subsection (a) and any associated data provided by the person or entity for the conduct of such tests are trade secrets or commercial or financial information that is privileged or confidential within the meaning of section 552b(4) of title 5, United States Code, and may not be disclosed outside the Federal Government without the consent of the person or entity for whom the tests are performed.

    `(d) Fees- The fees for exercising the authorities under subsection (a) may not exceed the amount necessary 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 United States to provide for the testing.

    `(e) Use of Fees- The fees for exercising the authorities under subsection (a) shall be credited to the appropriations or other funds of the Directorate of Science and Technology.

    `(f) Operational Plan- Not later than 3 months after the date of enactment of this section, the Under Secretary for Science and Technology shall submit to Congress a report detailing a plan for operating a program under the authority provided to the Under Secretary in subsection (a). The plan shall contain--

      `(1) a list of the facilities and equipment that could be made available to outside users;

      `(2) a five-year budget plan, including costs for facility construction, staff training, contract and legal fees, equipment maintenance and operation, and any incidental costs associated with the program;

      `(3) a five-year estimate of the number of users and fees to be collected;

      `(4) a list of criteria for selecting the private sector users from the pool of applicants, including any special requirements for foreign applicants; and

      `(5) an assessment of the impact this program will have on the ability of a center or testing facility to meet its obligations under previously existing Federal programs.

    `(g) Report to Congress- The Under Secretary for Science and Technology shall submit to Congress annually a report containing a list of the centers and testing facilities that have collected fees under this section, the amount of fees collected, a brief description of each partnership formed under this section, and the purpose for which the testing was conducted.

    `(h) GAO Report- Not later than 2 years after the date of enactment of this section, the Comptroller General shall provide to Congress an assessment of the implementation of the program under this section.'.

    (b) Table of Contents- The table of contents for the Homeland Security Act of 2002 is amended by inserting after the item relating to section 315 the following new item:

      `Sec. 316. Availability of testing facilities and equipment.'.

END