[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5913 Referred in Senate (RFS)]

112th CONGRESS
  2d Session
                                H. R. 5913


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 28, 2012

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 AN ACT


 
 To create an independent advisory panel to comprehensively assess the 
  management structure and capabilities related to the Department of 
 Homeland Security and make recommendations to improve the efficiency 
         and effectiveness of the management of the Department.

    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 ``DHS Accountability Act of 2012''.

SEC. 2. FINDINGS.

    Congress finds that the Subcommittee on Oversight, Investigations, 
and Management of the Committee on Homeland Security of the House of 
Representatives held a series of four hearings related to the 
management of the Department of Homeland Security. The key findings 
from such hearings were the following:
            (1) The Department of Homeland Security has not prioritized 
        the missions outlined in its key strategic planning documents. 
        This lack of prioritization may hinder the Department's efforts 
        to effectively manage risks to the United States. Since 2003, 
        the Government Accountability Office designated the 
        transformation of the Department as high risk because the 
        Department had to transform 22 agencies--several with major 
        management challenges--into one department, and failure to 
        effectively address the Department's management and mission 
        risks could have serious consequences to United States national 
        and economic security. The Government Accountability Office 
        continues to designate the transformation of the Department as 
        high risk.
            (2) The Department has considerable work ahead to achieve 
        actions and outcomes critical to addressing persistent 
        management challenges. For example, a significant number of 
        acquisition programs proceeded without component or 
        departmental approval of essential planning documents. These 
        reviews are important to ensure the success of an acquisition 
        program. The Department also continues to face challenges 
        implementing key human capital initiatives. Integrating 
        financial data essential to effectively managing the Department 
        also remains a challenge.
            (3) Areas of duplicative effort have also been identified 
        within the Department. For example, some Federal Government 
        agencies are paying fees to the Department's Federal Protective 
        Service for facility risk assessments that are not being 
        performed, while at the same time performing their own risk 
        assessments. The Department also lacks robust acquisition 
        practices in place to position programs for success. Federal 
        Government auditors questioned U.S. Customs and Border 
        Protection's plan to secure the Arizona border because the 
        agency could not justify the specific types, quantities, cost, 
        and deployment locations of its surveillance technologies.
            (4) Investigators continue to identify cases of employee 
        corruption within the Department. Investigations by the 
        Department's Inspector General led to over 400 arrests of 
        employees in 2011. Examples include Border Patrol agents 
        accepting bribes, thefts by airport screeners, and immigration 
        officers complicit in fraud. In addition, overall employee 
        morale in the Department remains one of the lowest in the 
        Federal Government.

SEC. 3. ESTABLISHMENT.

    There is established in the legislative branch an independent 
advisory panel to--
            (1) comprehensively assess the management structure and 
        capabilities related to the Department of Homeland Security; 
        and
            (2) make recommendations to improve the efficiency and 
        effectiveness of the management of the Department.

SEC. 4. MEMBERSHIP.

    (a) In General.--The independent advisory panel (in this Act 
referred to as the ``Panel'') established under section 3 shall be 
composed of eight members as follows:
            (1) Two members shall be appointed by the Speaker of the 
        House of Representatives, in coordination with the Chairman of 
        the Committee on Homeland Security of the House of 
        Representatives. Only one of such members may be from the same 
        political party as the Speaker of the House of Representatives.
            (2) Two members shall be appointed by the majority leader 
        of the Senate, in coordination with the Chairman of the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate. Only one of such members may be from the same political 
        party as the majority leader of the Senate.
            (3) One member shall be appointed by the minority leader of 
        the House of Representatives, in coordination with the Ranking 
        Minority Member of the Committee on Homeland Security of the 
        House of Representatives.
            (4) One member shall be appointed by the minority leader of 
        the Senate, in coordination with the Ranking Minority Member of 
        the Committee on Homeland Security and Governmental Affairs of 
        the Senate.
            (5) Two members shall be appointed by the President, in 
        consultation with the Secretary of Homeland Security. Only one 
        of such members may be from the same political party as the 
        President.
    (b) Prohibition.--Except as provided in subsection (a), members of 
the Panel may not be current appointees of the President's 
Administration or Members of Congress, in order to ensure objectivity 
of the Panel's assessments.
    (c) Deadline for Appointments.--All appointments to the Panel shall 
be made not later than 90 days after the date of the enactment of this 
Act.
    (d) Co-Chairmen.--The Panel shall have two co-chairmen, as follows:
            (1) A co-chairman who shall be a member of the Panel 
        designated by the Speaker of the House of Representatives.
            (2) A co-chairman who shall be a member of the Panel 
        designated by the majority leader of the Senate.
    (e) Vacancy.--In the event of a vacancy on the Panel, the 
individual appointed to fill the vacant seat shall be--
            (1) subject to paragraph (2), appointed by the same officer 
        (or the officer's successor) who made the appointment to the 
        seat when the Panel was first established; or
            (2) if the officer's successor is of a party other than the 
        party of the officer who made the initial appointment when the 
        Panel was first established, chosen in consultation with the 
        senior officers of the House of Representatives and the Senate 
        of the party which is the party of the officer who made such 
        initial appointment.
    (f) Government Employees.--Members of the Panel who are officers or 
employees of the Federal Government shall serve without additional pay 
(or benefits in the nature of compensation) for service as a member of 
the Panel.
    (g) Initial Meeting.--The Panel shall meet and begin the operations 
of the Panel not later than 60 days after the appointment of all Panel 
members under subsection (a).

SEC. 5. DUTIES.

    (a) In General.--The Panel shall assess the current management 
structure and capabilities of the Department of Homeland Security, 
including examining the following:
            (1) The efficiency and effectiveness of the management 
        structure and capabilities, including the policies, practices, 
        and procedures, of the Department of Homeland Security and its 
        component agencies in carrying out the management functions, 
        such as program acquisition, financial management, information 
        technology, human capital issues, performance measurement, and 
        risk management efforts, related to homeland security.
            (2) The extent to which unnecessary duplication exists in 
        such management structure and capabilities, and how, if at all, 
        such duplication negatively affects the mission of protecting 
        the United States.
            (3) The extent to which management of key homeland security 
        missions is centralized under the Department.
            (4) Options, as appropriate, to reduce or eliminate harmful 
        waste and duplication of effort in the Department.
            (5) Measures to evaluate the Department's progress in 
        reducing and eliminating waste and duplication from its 
        management structure and capabilities.
    (b) Additional Considerations.--In carrying out its duties, the 
Panel should consult and leverage the work performed and 
recommendations made by the Government Accountability Office on the 
management structure and capabilities of the Department of Homeland 
Security, in particular with respect to the issues identified under 
subsection (a).

SEC. 6. POWERS AND AUTHORITIES.

    (a) Hearings and Evidence.--
            (1) In general.--The Panel or, on the authority of the 
        Panel, any portion thereof, may, for the purpose of carrying 
        out this section--
                    (A) hold such hearings and sit and act at such 
                times and places, take such testimony, receive such 
                evidence, administer such oaths (provided that the 
                quorum for a hearing shall be two members of the 
                Panel); and
                    (B) subject to subsection (b), require by subpoena 
                or otherwise provide for the attendance and testimony 
                of such witnesses and the production of such books, 
                records, correspondence, memoranda, papers, and 
                documents, as the Panel, or such portion thereof, may 
                determine advisable.
            (2) Open to the public.--Hearings and other activities 
        conducted under paragraph (1) shall be open to the public 
        unless the Panel, or, on the authority of the Panel, any 
        portion thereof, determines that such is not appropriate, 
        including for reasons relating to the disclosure of information 
        or material regarding the national security interests of the 
        United States or the disclosure of sensitive law enforcement 
        data.
    (b) Subpoenas.--
            (1) Issuance.--
                    (A) In general.--A subpoena may be issued under 
                this subsection only--
                            (i) by the two co-chairmen; or
                            (ii) by the affirmative recorded vote of 
                        six members of the Panel.
                    (B) Signature.--Subpoenas issued under this 
                subsection may be--
                            (i) issued under the signature of the two 
                        co-chairmen or any member designated by a 
                        majority of the Panel; and
                            (ii) served by any person designated by the 
                        two co-chairmen or by any member designated by 
                        a majority of the Panel.
            (2) Enforcement.--
                    (A) In general.--In the case of contumacy or 
                failure to obey a subpoena issued under this 
                subsection, the United States district court for the 
                judicial district in which the subpoenaed person 
                resides, is served, or may be found, or where the 
                subpoena is returnable, may issue an order requiring 
                such person to produce documentary or other evidence. 
                Any failure to obey the order of the court may be 
                punished by the court as contempt of that court.
                    (B) Additional enforcement.--In the case of any 
                failure of any witness to comply with any subpoena, the 
                Panel may, by majority vote, certify a statement of 
                fact constituting such failure to the appropriate 
                United States attorney, who may bring the matter before 
                a grand jury for its action, under the same statutory 
                authority and procedures as if the United States 
                attorney had received a certification under sections 
                102 through 104 of the Revised Statutes of the United 
                States (2 U.S.C. 192 through 194).
    (c) Personnel.--
            (1) In general.--The Panel shall have the authorities 
        provided in section 3161 of title 5, United States Code, and 
        shall be subject to the conditions specified in such section, 
        except to the extent that such conditions would be inconsistent 
        with the requirements of this section.
            (2) Compensation.--The co-chairmen, in accordance with 
        rules agreed upon by the Panel, may appoint and fix the 
        compensation of a staff director and such other personnel as 
        may be necessary to enable the Panel to carry out its 
        functions, without regard to the provisions of title 5, United 
        States Code, governing appointments in the competitive service, 
        and without regard to the provisions of chapter 51 and 
        subchapter III of chapter 53 of such title relating to 
        classification and General Schedule pay rates, except that no 
        rate of pay fixed under this paragraph may exceed the 
        equivalent of that payable for a position at level V of the 
        Executive Schedule under section 5316 of title 5, United States 
        Code.
            (3) Detailees.--Any employee of the Federal Government may 
        be detailed to the Panel without reimbursement from the Panel, 
        and such detailee shall retain the rights, status, and 
        privileges of the employee's regular employment without 
        interruption.
            (4) Expert and consultant services.--The Panel is 
        authorized to procure the services of experts and consultants 
        in accordance with section 3109 of title 5, United States Code, 
        but at rates not to exceed the daily rate paid a person 
        occupying a position at level IV of the Executive Schedule 
        under section 5315 of title 5, United States Code.
            (5) Volunteer services.--Notwithstanding section 1342 of 
        title 31, United States Code, the Panel may accept and use 
        voluntary and uncompensated services as the Panel determines 
        necessary.
    (d) Security Clearances.--The appropriate departments or agencies 
of the Federal Government shall cooperate with the Panel in 
expeditiously providing to the Panel members and staff appropriate 
security clearances to the extent possible pursuant to existing 
procedures and requirements, except that no person shall be provided 
with access to classified information under this section without the 
appropriate security clearances.
    (e) Contracting.--The Panel may, to such extent and in such amounts 
as are provided in appropriation Acts, enter into contracts to enable 
the Panel to carry out its duties under this Act.
    (f) Postal Services.--The Panel may use the United States mails in 
the same manner and under the same conditions as departments and 
agencies of the United States.
    (g) Support Services.--Upon request of the Panel, the Administrator 
of General Services shall provide the Panel, on a reimbursable basis, 
with the administrative support services necessary for the Panel to 
carry out its duties under this Act. Such administrative services may 
include human resource management, budget, leasing, accounting, and 
payroll services.
    (h) Rules of Procedure.--The Panel may establish rules for the 
conduct of the Panel's business, if such rules are not inconsistent 
with this Act or other applicable law.
    (i) Nonapplicability of the Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
Panel.
    (j) Termination.--The Panel shall terminate on the date that is 60 
days after the date of the submission of its final report.

SEC. 7. REPORTS TO CONGRESS.

    (a) Interim Report.--Not later than one year after the date of the 
appointment of all the members of the Panel, the Panel shall submit to 
the Committee on Homeland Security of the House of Representatives and 
the Committee on Homeland Security and Governmental Affairs of the 
Senate an interim report, including the results and findings of the 
assessment and examination carried out in accordance with section 5.
    (b) Other Reports and Briefings.--The Panel may from time to time 
submit to the committees specified in subsection (a) such other reports 
and briefings relating to the assessment and examination carried out in 
accordance with section 5 as the Panel considers appropriate. Such 
committees may request information on the Panel's progress as it 
conducts its work.
    (c) Final Report.--Not later than two years after the date of the 
appointment of all the members of the Panel, the Panel shall submit to 
the committees specified in subsection (a) a final report on the 
assessment and examination carried out in accordance with section 5. 
Such final report shall--
            (1) include the findings of the Panel;
            (2) identify lessons learned related to homeland security 
        management issues; and
            (3) include specific recommendations related to--
                    (A) improving the efficiency and effectiveness of 
                the management structure and capabilities, including 
                the policies, practices, and procedures, of the 
                Department of Homeland Security and its component 
                agencies in carrying out the Department's management 
                functions and mission to protect the United States;
                    (B) reducing or eliminating unnecessary duplication 
                in the management structure and capabilities of the 
                Department and its component agencies;
                    (C) options, as appropriate, to reduce or eliminate 
                harmful waste and duplication of effort in the 
                Department; and
                    (D) developing measures to evaluate the 
                Department's progress in reducing and eliminating waste 
                and duplication from its management structure and 
                capabilities.

            Passed the House of Representatives November 27, 2012.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.