[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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