[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5712 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5712

 To authorize the Private Sector Office of the Department of Homeland 
    Security to improve private sector engagement in protecting the 
                   homeland, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 14, 2014

  Mr. Clawson of Florida (for himself and Mr. McCaul) introduced the 
    following bill; which was referred to the Committee on Homeland 
                                Security

_______________________________________________________________________

                                 A BILL


 
 To authorize the Private Sector Office of the Department of Homeland 
    Security to improve private sector engagement in protecting the 
                   homeland, and for other purposes.

    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 Private Sector Office Engagement 
Act of 2014''.

SEC. 2. PRIVATE SECTOR OFFICE.

    (a) In General.--Subsection (f) of section 102 of the Homeland 
Security Act of 2002 (6 U.S.C. 112) is amended to read as follows:
    ``(f) Authorization.--
            ``(1) In general.--There is within the Department an office 
        to be known as the `Private Sector Office' (in this section 
        referred to as the `Office'). The Office shall be headed by the 
        Assistant Secretary for Private Sector Coordination, who shall 
        be appointed by the Secretary.
            ``(2) Mission.--The mission of the Private Sector Office 
        shall be to--
                    ``(A) create and foster strategic engagement with 
                the private sector to enhance the primary mission of 
                the Department to protect the United States; and
                    ``(B) conduct ongoing economic impact analysis to 
                reduce the burden of Department decisions, regulations, 
                and initiatives on the private sector and the United 
                States economy.
            ``(3) Qualifications of the assistant secretary.--The 
        Assistant Secretary for Private Sector Coordination shall 
        have--
                    ``(A) a minimum of ten years of professional 
                experience working in the private sector;
                    ``(B) a minimum of five years of management 
                experience; and
                    ``(C) a basic knowledge of the regulatory process.
            ``(4) Deputy assistant secretary.--The Office shall have a 
        Deputy Assistant Secretary. Such position shall be part of the 
        career civil service and the individual serving in such 
        position shall satisfy the qualifications specified in 
        paragraph (3) relating to the Assistant Secretary, except that 
        the ten year professional experience requirement under 
        subparagraph (A) of such paragraph may be satisfied by a 
        combination of engaging with or working in the private sector.
            ``(5) Responsibilities.--The Assistant Secretary for 
        Private Sector Coordination shall--
                    ``(A) create a strategic plan for the Office, to be 
                updated or affirmed at a minimum each time there is a 
                new Assistant Secretary;
                    ``(B) advise, inform, and assist the Secretary 
                regarding the impact on the private sector of the 
                Department's policies, regulations, processes, and 
                actions;
                    ``(C) analyze and report to the Secretary and other 
                appropriate Department officials regarding the economic 
                impact of changes in homeland security policy, 
                including all regulations originating from the 
                Department before such regulations are available for 
                comment in the Federal Register;
                    ``(D) determine what actions, if any, are needed to 
                reduce associated homeland security burdens on the 
                private sector, including unnecessary barriers to 
                private sector job creation;
                    ``(E) create and foster strategic engagement with 
                the private sector to improve homeland security;
                    ``(F) coordinate private sector efforts, with 
                respect to functions of the Department and throughout 
                all components of the Department, to identify private 
                sector resources and capabilities that could be 
                effective in augmenting Federal, State, and local 
                government agency efforts to prevent or respond to an 
                incident;
                    ``(G) in coordination with appropriate components 
                of the Department, encourage and promote to the private 
                sector best practices regarding cyber security and 
                critical infrastructure protection;
                    ``(H) provide information to the private sector 
                regarding voluntary preparedness and the business 
                justification for resilience;
                    ``(I) advise the Secretary regarding the 
                Department's collective recommendation in evaluating 
                commercial actions pending with other relevant Federal 
                agencies with homeland security related functions;
                    ``(J) provide technical assistance across the 
                Department on issues related to international trade, 
                aviation security, supply chain security, global 
                customs modernization, trade facilitation, and 
                intellectual property rights;
                    ``(K) promote existing public-private partnerships 
                and develop new public-private partnerships to provide 
                for collaboration and mutual support to address 
                homeland security challenges;
                    ``(L) create and manage private sector advisory 
                councils composed of representatives of industries and 
                associations designated by the Secretary to advise the 
                Secretary regarding--
                            ``(i) private sector solutions as such 
                        relate to homeland security challenges;
                            ``(ii) homeland security policies, 
                        regulations, processes, and actions that affect 
                        such industries and associations; and
                            ``(iii) private sector preparedness issues, 
                        including effective methods for--
                                    ``(I) promoting voluntary 
                                preparedness standards to the private 
                                sector; and
                                    ``(II) assisting the private sector 
                                in adopting voluntary preparedness 
                                standards; and
                    ``(M) collaborate with the Chief Human Capital 
                Officer to facilitate the DHS Loaned Executive Program 
                through which the Department can obtain ad hoc, unpaid, 
                short-term expertise through appointment of appropriate 
                individuals from the private sector to provide critical 
                skills that, to be fully utilized, require an 
                appointment as an employee and cannot be obtained 
                through other existing hiring mechanisms.
            ``(6) Accountability.--
                    ``(A) In general.--Not later than 120 days after 
                the date of the enactment of this Act, the Office shall 
                develop objective output and outcome-based performance 
                metrics and measures that will be maintained over time.
                    ``(B) Biannual assessments.--The Comptroller 
                General of the United States shall perform biannual 
                assessments of the Office's performance metrics and 
                measures referred to in subparagraph (A), including an 
                evaluation of the accuracy of the economic impact 
                analysis conducted under paragraph (2)(A).
                    ``(C) Annual briefings.--The Assistant Secretary 
                shall annually brief the Committee on Homeland Security 
                of the House of Representatives and the Committee on 
                Homeland Security and Governmental Affairs of the 
                Senate on the activities and performance metrics and 
                measures of the Office.
            ``(7) Sunset and reevaluation.--The authorization under 
        this subsection shall expire on December 31, 2018. The 
        Secretary shall conduct an assessment of the Office 
        concurrently with the next Quadrennial Homeland Security Review 
        required under section 707 of the Homeland Security Act of 2002 
        (6 U.S.C. 347) that is required after the date of the enactment 
        of this subsection, and submit to the Committee on Homeland 
        Security of the House of Representatives and the Committee on 
        Homeland Security and Governmental Affairs of the Senate 
        information on the following:
                    ``(A) Office performance against the performance 
                metrics and measures referred to in paragraph (6)(A).
                    ``(B) Office strategic plan.
                    ``(C) The results of the biannual assessments under 
                paragraph (6)(B).
                    ``(D) Input from relevant private sector 
                stakeholders and Congress.
            ``(8) Miscellaneous.--The Office shall not duplicate the 
        functions of the Chief Procurement Officer as the Department's 
        primary liaison for industry or the Office of Small and 
        Disadvantaged Business Utilization regarding potential goods or 
        services the Department may acquire.''.
    (b) Prohibition on Additional Authorization of Appropriations.--No 
additional funds are authorized to be appropriated to carry out this 
Act and the amendments made by this Act. This Act and such amendments 
shall be carried out using amounts otherwise available for such 
purposes.
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