‘‘(a) APPOINTMENT
AND RESPONSIBILITIES.—The 
Secretary shall establish’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) AUTHORITY TO INVESTIGATE.— 
‘‘(1) IN
GENERAL.—The senior official ap-
pointed under this section— 
‘‘(A) shall have access to any record, re-
port, audit, review, document, paper, rec-
ommendation, or other material available to the 
Department relating to any program or oper-
ation for which the senior official has responsi-
bility under this section; 
‘‘(B) shall make such investigations and 
reports relating to the administration of the 
programs and operations of the Department as 
are, in the judgment of the senior official, nec-
essary or desirable; 
‘‘(C) may require by subpoena the produc-
tion, by persons other than Federal agencies, of 
all information, documents, reports, answers, 
records, accounts, papers, and other data and 
documentary evidence necessary to performance 
of the functions of the senior official under this 
section;
‘‘(D) may administer to or take from any 
person an oath, affirmation, or affidavit, when-
ever necessary to performance of the functions 
of the senior official under this section; and 
‘‘(E) may take any other action authorized 
to be taken by the Inspector General of the De-
partment, as necessary to require employees of 
the Department to produce documents and an-
swer questions relevant to performance of the 
functions of the senior official under this sec-
tion. 
‘‘(2) ENFORCEMENT OF SUBPOENAS.—Any sub-
poena issued under paragraph (1)(C) shall, in the 
case of contumacy or refusal to obey, be enforceable 
by order of any appropriate United States district 
court. 
‘‘(3) EFFECT OF OATHS.—Any oath, affirma-
tion, or affidavit administered or taken under para-
graph (1)(D) by or before an employee of the Pri-
vacy Office designated for that purpose by the senior 
official appointed under subsection (a) shall have the 
same force and effect as if administered or taken by 
or before an officer having a seal of office. 
‘‘(c) TERM OF OFFICE.—The term of appointment of 
a senior official under subsection (a) shall be 5 years.
‘‘(d) REPORTS TO CONGRESS.—The senior official 
appointed under subsection (a) shall submit reports di-
rectly to the Congress regarding performance of the re-
sponsibilities of the senior official under this section, with-
out any prior comment or amendment by the Secretary, 
Deputy Secretary, or any officer or employee of the De-
partment or the Office of Management and Budget.’’. 
SEC. 111. GREATER ACCOUNTABILITY. 
(a) ELIMINATION OF UNDER SECRETARY FOR MAN-
AGEMENT.— 
(1) TRANSFER OF FUNCTIONS.—Effective as of 
the date of the enactment of this Act, there are 
transferred to the Secretary the functions performed 
immediately before such transfer occurs by the 
Under Secretary for Management pursuant to sec-
tion 701(b) of the the Homeland Security Act of 
2002 (6 U.S.C. 341(b)). 
(2) REPEAL.—Section 701 of the Homeland Se-
curity Act of 2002 (6 U.S.C. 341) is repealed. 
(b) AUTHORITY
OF CHIEF FINANCIAL OFFICER 
OVER COMPONENT FINANCIAL OFFICERS.—Section 702 
of such Act (15 U.S.C. 342) is amended by adding at the 
end the following new sentence: ‘‘The Chief Financial Offi-
cer shall exercise joint authority, with the component 
agency heads of the Department, over financial officers
in the component agencies and entities of the Depart-
ment.’’ 
(c) AUTHORITY OF CHIEF INFORMATION OFFICER 
OVER COMPONENT INFORMATION OFFICERS.—Section 
703 of such Act (15 U.S.C. 343) is amended by adding 
at the end the following new sentence: ‘‘The Chief Infor-
mation Officer shall exercise joint authority, with the com-
ponent agency heads of the Department, over information 
officers in the component agencies and entities of the De-
partment.’’ 
(d) AUTHORITY OF CHIEF HUMAN CAPITAL OFFICER 
OF COMPONENT HUMAN CAPITAL OFFICERS.—Section 
704 of such Act (6 U.S.C. 344) is amended by striking 
‘‘and’’ after ‘‘as the Secretary may direct’’ and inserting 
the following: ‘‘. The Chief Human Capital Officer shall 
exercise joint authority, with the component agency heads 
of the Department, over human capital officers in the com-
ponent agencies and entities of the Department. The Chief 
Human Capital Officer shall’’. 
(e) BUSINESS TRANSFORMATION OFFICER.—Title 
VII of such Act (6 U.S.C. 341 et seq.) is amended by add-
ing at the end the following new section: 
‘‘SEC. 707. BUSINESS TRANSFORMATION OFFICER. 
‘‘The Business Transformation Officer shall report to 
the Secretary, or to another official of the Department,
as the Secretary may direct. The Business Transformation 
Officer shall— 
‘‘(1) develop an overarching management inte-
gration strategy with recommendations and perform-
ance goals for the Department, in consultation with 
the Chief Procurement Officer, the Chief Human 
Capital Officer, the Chief Intelligence Officer, and 
any other appropriate official of the Department; 
and 
‘‘(2) report to the Secretary and the appro-
priate congressional committees of jurisdiction on a 
quarterly basis as to the progress of the manage-
ment integration strategy of the Department.’’. 
(f) CLERICAL AMENDMENTS.—The table of contents 
in section 1(b) of such Act is amended— 
(1) by striking the item relating to section 701; 
and 
(2) by inserting after the item relating to sec-
tion 706 the following: 
‘‘Sec. 707. Business Transformation Officer.’’. 
SEC. 112. WHISTLEBLOWER PROTECTIONS. 
(a) IN GENERAL.—No covered individual may be dis-
charged, demoted, suspended, threatened, harassed, rep-
rimanded, investigated, or in any other manner discrimi-
nated against (including by a denial, suspension, or rev-
ocation of a security clearance or by any other security
access determination) if such discrimination is due, in 
whole or in part, to any lawful act done, perceived to have 
been done, or intended to be done by the covered indi-
vidual— 
(1) to provide information, cause information to 
be provided, or otherwise assist in an investigation 
regarding any conduct which the covered individual 
reasonably believes constitutes a violation of any 
law, rule or regulation relating to national or home-
land security, which the covered individual reason-
ably believes constitutes a threat to national or 
homeland security, or which the covered individual 
reasonably believes constitutes fraud, waste or mis-
management of Government funds intended to be 
used for national or homeland security, when the in-
formation or assistance is provided to or the inves-
tigation is conducted by— 
(A) a Federal, State or local regulatory or 
law enforcement agency (including an office of 
Inspector General under the Inspector General 
Act of 1978); 
(B) any Member of Congress, any com-
mittee of Congress, or the Government Ac-
countability Office;
(C) a person with supervisory authority 
over the covered individual (or such other per-
son who has the authority to investigate, dis-
cover, or terminate misconduct); or 
(D) the Privacy Officer of the Department; 
(2) to file, cause to be filed, testify, participate 
in, or otherwise assist in a proceeding or action filed 
or about to be filed relating to an alleged violation 
of any law, rule or regulation relating to national or 
homeland security; or 
(3) to refuse to violate or assist in the violation 
of any law, rule, or regulation relating to national or 
homeland security. 
(b) ENFORCEMENT ACTION.— 
(1) IN GENERAL.—A covered individual who al-
leges discharge or other discrimination by any per-
son in violation of subsection (a) may seek relief 
under subsection (c) by— 
(A) filing a complaint with the Secretary of 
Labor; or 
(B) if the Secretary has not issued a final 
decision within 180 days after the filing of the 
complaint and there is no showing that such 
delay is due to the bad faith of the claimant, 
bringing an action at law or equity for de novo
review in the appropriate district court of the 
United States, which shall have jurisdiction 
over such an action without regard to the 
amount in controversy. 
(2) PROCEDURE.— 
(A) IN GENERAL.—An action under para-
graph (1)(A) shall be governed under the rules 
and procedures set forth in section 42121(b) of 
title 49, United States Code. 
(B) EXCEPTION.—Notification made under 
section 42121(b)(1) of title 49, United States 
Code, shall be made to the person named in the 
complaint and to the person’s employer. 
(C) BURDENS
OF
PROOF.—An action 
brought under paragraph (1)(B) shall be gov-
erned by the legal burdens of proof set forth in 
section 42121(b) of title 49, United States 
Code. 
(D) STATUTE OF LIMITATIONS.—An action 
under paragraph (1) shall be commenced not 
later than 1 year after the date on which the 
violation occurs. 
(c) REMEDIES.— 
(1) IN
GENERAL.—A covered individual pre-
vailing in any action under subsection (b)(1) shall be
entitled to all relief necessary to make the covered 
individual whole. 
(2) DAMAGES.—Relief for any action under 
paragraph (1) shall include— 
(A) reinstatement with the same seniority 
status that the covered individual would have 
had, but for the discrimination; 
(B) the amount of any back pay, with in-
terest; 
(C) compensation for any special damages 
sustained as a result of the discrimination, in-
cluding litigation costs, expert witness fees, and 
reasonable attorney fees; and 
(D) punitive damages in an amount not to 
exceed the greater of 3 times the amount of any 
compensatory damages awarded under this sec-
tion. 
(d) STATE SECRETS PRIVILEGE.—If, in any action 
brought under subsection (b)(1)(B), the Government as-
serts as a defense the privilege commonly referred to as 
the ‘‘state secrets privilege’’ and the assertion of such 
privilege prevents the plaintiff from establishing a prima 
facie case in support of the plaintiff’s claim, the court shall 
enter judgment for the plaintiff and shall determine the 
relief to be granted.
(e) CRIMINAL PENALTIES.— 
(1) IN GENERAL.—It shall be unlawful for any 
person employing a covered individual to commit an 
act prohibited by subsection (a). Any person vio-
lating this paragraph shall be fined under title 18 of 
the United States Code, imprisoned not more than 
10 years, or both. 
(2) REPORTING REQUIREMENT.—The Depart-
ment of Justice shall submit to Congress an annual 
report on the enforcement of paragraph (1). Each 
such report shall (A) identify each case in which for-
mal charges under paragraph (1) were brought, (B) 
describe the status or disposition of each such case, 
and (C) in any actions under subsection (b)(1)(B) in 
which the covered individual was the prevailing party 
or the substantially prevailing party, indicate wheth-
er or not any formal charges under paragraph (1) 
have been brought and, if not, the reasons therefor. 
(f) RIGHTS RETAINED BY COVERED INDIVIDUAL.— 
Nothing in this section shall be deemed to diminish the 
rights, privileges, or remedies of any covered individual 
under any Federal or State law, or under any collective 
bargaining agreement. The rights and remedies in this 
section may not be waived by any agreement, policy, form, 
or condition of employment.
(g) DEFINITIONS.—For purposes of this section— 
(1) the term ‘‘covered individual’’ means an em-
ployee of— 
(A) the Department of Homeland Security 
(which, for purposes of this section, includes the 
Transportation Security Administration); 
(B) a Federal contractor or subcontractor; 
and 
(C) an employer within the meaning of sec-
tion 701(b) of the Civil Rights Act of 1964 (42 
U.S.C. 2000e(b)); 
(2) the term ‘‘lawful’’ means not specifically 
prohibited by law, except that, in the case of any in-
formation the disclosure of which is specifically pro-
hibited by law or specifically required by Executive 
order to be kept secret in the interest of national de-
fense or the conduct of foreign affairs, any disclo-
sure of such information to any Member of Con-
gress, committee of Congress, or other recipient au-
thorized to receive such information, shall be deemed 
lawful; 
(3) the term ‘‘Federal contractor’’ means a per-
son who has entered into a contract with the De-
partment of Homeland Security; 
(4) the term ‘‘employee’’ means—
(A) with respect to an employer referred to 
in paragraph (1)(A), an employee as defined by 
section 2105 of title 5, United States Code; and 
(B) with respect to an employer referred to 
in subparagraph (A) or (B) of paragraph (1), 
any officer, partner, employee, or agent; 
(5) the term ‘‘subcontractor’’— 
(A) means any person, other than the Fed-
eral contractor, who offers to furnish or fur-
nishes any supplies, materials, equipment, or 
services of any kind under a contract with the 
Department of Homeland Security or a sub-
contract entered into in connection with such a 
contract; and 
(B) includes any person who offers to fur-
nish or furnishes general supplies to the Fed-
eral contractor or a higher tier subcontractor; 
and 
(6) the term ‘‘person’’ means a corporation, 
partnership, State entity, business association of any 
kind, trust, joint-stock company, or individual. 
(h) AUTHORIZATION OF FUNDS.—Of the amounts 
authorized under section 101, there is authorized to be 
appropriated amounts necessary for carrying out this sec-