I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘DHS Private Sector 

5 Office Engagement Act of 2014’’. 

6 SEC. 2. PRIVATE SECTOR OFFICE. 

7 (a) IN GENERAL.—Subsection (f) of section 102 of 

8 the Homeland Security Act of 2002 (6 U.S.C. 112) is 

9 amended to read as follows: 


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1 ‘‘(f) AUTHORIZATION.— 

2 ‘‘(1) IN GENERAL.—There is within the Depart3 ment an office to be known as the ‘Private Sector 

4 Office’ (in this section referred to as the ‘Office’). 

5 The Office shall be headed by the Assistant Sec6 retary for Private Sector Coordination, who shall be 

7 appointed by the Secretary. 

8 ‘‘(2) MISSION.—The mission of the Private Sec9 tor Office shall be to— 

10 ‘‘(A) create and foster strategic engage11 ment with the private sector to enhance the pri12 mary mission of the Department to protect the 

13 United States; and 

14 ‘‘(B) conduct ongoing economic impact 

15 analysis to reduce the burden of Department 

16 decisions, regulations, and initiatives on the pri17 vate sector and the United States economy. 

18 ‘‘(3) QUALIFICATIONS OF THE ASSISTANT SEC19 RETARY.—The Assistant Secretary for Private Sec20 tor Coordination shall have— 

21 ‘‘(A) a minimum of ten years of profes22 sional experience working in the private sector; 

23 ‘‘(B) a minimum of five years of manage24 ment experience; and 


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1 ‘‘(C) a basic knowledge of the regulatory 

2 process. 

3 ‘‘(4) DEPUTY ASSISTANT SECRETARY.—The Of4 fice shall have a Deputy Assistant Secretary. Such 

5 position shall be part of the career civil service and 

6 the individual serving in such position shall satisfy 

7 the qualifications specified in paragraph (3) relating 

8 to the Assistant Secretary, except that the ten year 

9 professional experience requirement under subpara10 graph (A) of such paragraph may be satisfied by a 

11 combination of engaging with or working in the pri12 vate sector. 

13 ‘‘(5) RESPONSIBILITIES.—The Assistant Sec14 retary for Private Sector Coordination shall— 

15 ‘‘(A) create a strategic plan for the Office, 

16 to be updated or affirmed at a minimum each 

17 time there is a new Assistant Secretary; 

18 ‘‘(B) advise, inform, and assist the Sec19 retary regarding the impact on the private sec20 tor of the Department’s policies, regulations, 

21 processes, and actions; 

22 ‘‘(C) analyze and report to the Secretary 

23 and other appropriate Department officials re24 garding the economic impact of changes in 

25 homeland security policy, including all regulaVerDate Sep 11 2014 21:07 Nov 17, 2014 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5712.IH H5712

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1 tions originating from the Department before 

2 such regulations are available for comment in 

3 the Federal Register; 

4 ‘‘(D) determine what actions, if any, are 

5 needed to reduce associated homeland security 

6 burdens on the private sector, including unnec7 essary barriers to private sector job creation; 

8 ‘‘(E) create and foster strategic engage9 ment with the private sector to improve home10 land security; 

11 ‘‘(F) coordinate private sector efforts, with 

12 respect to functions of the Department and 

13 throughout all components of the Department, 

14 to identify private sector resources and capabili15 ties that could be effective in augmenting Fed16 eral, State, and local government agency efforts 

17 to prevent or respond to an incident; 

18 ‘‘(G) in coordination with appropriate com19 ponents of the Department, encourage and pro20 mote to the private sector best practices regard21 ing cyber security and critical infrastructure 

22 protection; 

23 ‘‘(H) provide information to the private 

24 sector regarding voluntary preparedness and 

25 the business justification for resilience; 


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1 ‘‘(I) advise the Secretary regarding the De2 partment’s collective recommendation in evalu3 ating commercial actions pending with other 

4 relevant Federal agencies with homeland secu5 rity related functions; 

6 ‘‘(J) provide technical assistance across the 

7 Department on issues related to international 

8 trade, aviation security, supply chain security, 

9 global customs modernization, trade facilitation, 

10 and intellectual property rights; 

11 ‘‘(K) promote existing public-private part12 nerships and develop new public-private part13 nerships to provide for collaboration and mutual 

14 support to address homeland security chal15 lenges; 

16 ‘‘(L) create and manage private sector ad17 visory councils composed of representatives of 

18 industries and associations designated by the 

19 Secretary to advise the Secretary regarding— 

20 ‘‘(i) private sector solutions as such 

21 relate to homeland security challenges; 

22 ‘‘(ii) homeland security policies, regu23 lations, processes, and actions that affect 

24 such industries and associations; and 


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1 ‘‘(iii) private sector preparedness 

2 issues, including effective methods for— 

3 ‘‘(I) promoting voluntary pre4 paredness standards to the private 

5 sector; and 

6 ‘‘(II) assisting the private sector 

7 in adopting voluntary preparedness 

8 standards; and 

9 ‘‘(M) collaborate with the Chief Human 

10 Capital Officer to facilitate the DHS Loaned 

11 Executive Program through which the Depart12 ment can obtain ad hoc, unpaid, short-term ex13 pertise through appointment of appropriate in14 dividuals from the private sector to provide crit15 ical skills that, to be fully utilized, require an 

16 appointment as an employee and cannot be ob17 tained through other existing hiring mecha18 nisms. 

19 ‘‘(6) ACCOUNTABILITY.— 

20 ‘‘(A) IN GENERAL.—Not later than 120 

21 days after the date of the enactment of this 

22 Act, the Office shall develop objective output 

23 and outcome-based performance metrics and 

24 measures that will be maintained over time. 


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1 ‘‘(B) BIANNUAL ASSESSMENTS.—The 

2 Comptroller General of the United States shall 

3 perform biannual assessments of the Office’s 

4 performance metrics and measures referred to 

5 in subparagraph (A), including an evaluation of 

6 the accuracy of the economic impact analysis 

7 conducted under paragraph (2)(A). 

8 ‘‘(C) ANNUAL BRIEFINGS.—The Assistant 

9 Secretary shall annually brief the Committee on 

10 Homeland Security of the House of Representa11 tives and the Committee on Homeland Security 

12 and Governmental Affairs of the Senate on the 

13 activities and performance metrics and meas14 ures of the Office. 

15 ‘‘(7) SUNSET AND REEVALUATION.—The au16 thorization under this subsection shall expire on De17 cember 31, 2018. The Secretary shall conduct an as18 sessment of the Office concurrently with the next 

19 Quadrennial Homeland Security Review required 

20 under section 707 of the Homeland Security Act of 

21 2002 (6 U.S.C. 347) that is required after the date 

22 of the enactment of this subsection, and submit to 

23 the Committee on Homeland Security of the House 

24 of Representatives and the Committee on Homeland 


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1 Security and Governmental Affairs of the Senate in2 formation on the following: 

3 ‘‘(A) Office performance against the per4 formance metrics and measures referred to in 

5 paragraph (6)(A). 

6 ‘‘(B) Office strategic plan. 

7 ‘‘(C) The results of the biannual assess8 ments under paragraph (6)(B). 

9 ‘‘(D) Input from relevant private sector 

10 stakeholders and Congress. 

11 ‘‘(8) MISCELLANEOUS.—The Office shall not 

12 duplicate the functions of the Chief Procurement Of13 ficer as the Department’s primary liaison for indus14 try or the Office of Small and Disadvantaged Busi15 ness Utilization regarding potential goods or services 

16 the Department may acquire.’’. 

17 (b) PROHIBITION ON ADDITIONAL AUTHORIZATION

18 OF APPROPRIATIONS.—No additional funds are author19 ized to be appropriated to carry out this Act and the 

20 amendments made by this Act. This Act and such amend21 ments shall be carried out using amounts otherwise avail22 able for such purposes. 

Æ 


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