‘‘SEC. 729. STRENGTHENING THE CONTRACT REVIEW PROC-
ESS. 
‘‘(a) INFORMATION REGARDING CONTRACT PER-
FORMANCE.—Before awarding, renewing, or extending a 
contract, including those awarded to a contractor that has 
previously provided or currently provides goods or services 
to the Department, the Secretary, acting through the ap-
propriate contracting officer or officers of the Depart-
ment, shall require the contractor to submit information 
regarding the contractor’s past and current performance 
of Federal, State, and local government and private sector 
contracts. The information shall include— 
‘‘(1) reviews of the contractor’s performance on 
Federal, State, local, or tribal government contracts 
during the 3-year period preceding the submission 
by the contractor of an offer for the contract con-
cerned; 
‘‘(2) decisions by any procurement entity to ter-
minate a contract with the contractor; and 
‘‘(3) decisions evincing a refusal during such 
period to exercise a renewal option with the con-
tractor. 
‘‘(b) CONTACT OF RELEVANT OFFICIALS.—As part 
of any review of a contractor’s past performance con-
ducted under subsection (a), the Secretary, acting through 
an appropriate contracting officer of the Department, 
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shall contact the relevant office that administered or 
oversaw any contract performed by that contractor during 
the 3-year period preceding the date on which the review 
begins. 
‘‘(c) CONSIDERATION OF CONTRACTOR PAST PER-
FORMANCE.—In awarding a contract to a contractor, the 
Secretary shall require the past performance of that con-
tractor, based on the review conducted under subsection 
(a), be a factor in the decision to award the contract con-
cerned. 
‘‘SEC. 730. SMALL BUSINESS DATABASE FOR FEDERAL CON-
TRACTING RELATED TO MAJOR DISASTERS 
AND EMERGENCY ASSISTANCE ACTIVITIES. 
‘‘(a) ESTABLISHMENT
OF DATABASE.—The Sec-
retary shall establish and maintain a database that con-
tains information about small business entities for pur-
poses of Federal contracting related to assistance activi-
ties conducted in response to and recovery from acts of 
terrorism, natural disasters, and other emergencies. 
‘‘(b) INCLUDED INFORMATION.—The database under 
subsection (a) shall include the following information 
about each small business entity included in the database: 
‘‘(1) The name of the small business entity. 
‘‘(2) The location of the small business entity. 
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‘‘(3) The area served by the small business enti-
ty. 
‘‘(4) The type of good or service provided by 
the small business entity. 
‘‘(5) Whether the small business entity is— 
‘‘(A) a small business entity owned and 
controlled by socially and economically dis-
advantaged individuals; 
‘‘(B) a small business entity owned and 
controlled by women; or 
‘‘(C) a small business entity owned and 
controlled by service-disabled veterans. 
‘‘(c) SOURCE OF INFORMATION.— 
‘‘(1) SUBMISSION.—The database may only 
contain such information about a small business en-
tity as is submitted by the small business entity or 
added by the Department. 
‘‘(2) ATTESTATION.—Each small business enti-
ty submitting information to the database shall sub-
mit— 
‘‘(A) an attestation that the information 
submitted is true; and 
‘‘(B) documentation supporting such attes-
tation. 
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‘‘(3) VERIFICATION.—The Secretary shall verify 
only that the documentation submitted by each small 
business entity supports the information submitted 
by that small business entity. 
‘‘(d) AVAILABILITY OF DATABASE.—The Secretary 
shall make the database generally available on the Internet 
website of the Department. 
‘‘(e) CONSULTATION OF DATABASE.—Before award-
ing a Federal contract for a disaster-related activity, a 
component of the Department shall consult the database 
established under this section. 
‘‘(f) DATABASE INTEGRATION.—The Secretary shall 
integrate the database established under this section into 
any other procurement-related database maintained by the 
Secretary. 
‘‘(g) DEFINITIONS.—For purposes of this section, the 
terms ‘small business entity’, ‘small business entity owned 
and controlled by socially and economically disadvantaged 
individuals’, ‘small business entity owned and controlled 
by women’, and ‘small business entity owned and con-
trolled by service-disabled veterans’ shall have the mean-
ings given the terms ‘small business concern’, ‘small busi-
ness concern owned and controlled by socially and eco-
nomically disadvantaged individuals’, ‘small business con-
cern owned and controlled by women’, and ‘small business 
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concern owned and controlled by service-disabled vet-
erans’, respectively, under the Small Business Act (15 
U.S.C. 631 et seq.). 
‘‘SEC. 731. MAINTAINING FEDERAL PROPRIETARY RIGHTS. 
‘‘The Secretary shall ensure that contracts awarded 
by the Department, as appropriate, include a clause main-
taining proprietary rights to materials produced using 
Federal funding, including contracts for videos and photo-
graphs related to acts of terrorism, natural disasters, or 
other emergencies.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended— 
(1) by inserting before the item relating to sec-
tion 701 the following: 
‘‘Subtitle A—General Provisions’’; and 
(2) by adding at the end of the items relating 
to title VII the following: 
‘‘Subtitle B—Waste, Fraud, and Abuse Controls 
‘‘Sec. 721. Requirement to establish fraud controls. 
‘‘Sec. 722. Enhanced accountability for Federal assistance. 
‘‘Sec. 723. Utilization of Private Integrity Monitors. 
‘‘Sec. 724. Fraud prevention training program. 
‘‘Sec. 725. Confirmation of identity and eligibility of applicants. 
‘‘Sec. 726. Oversight of loan applicant eligibility. 
‘‘Sec. 727. Determining ‘small business’ for eligibility purposes. 
‘‘Sec. 728. Assessment of judicial needs. 
‘‘Sec. 729. Strengthening the contract review process. 
‘‘Sec. 730. Small business database for Federal contracting related to major 
disasters and emergency assistance activities. 
‘‘Sec. 731. Maintaining Federal proprietary rights.’’. 
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SEC. 4. DEPUTY INSPECTOR GENERAL FOR RESPONSE AND 
RECOVERY. 
(a) IN GENERAL.—Subtitle B of title VIII of the 
Homeland Security Act of 2002 is amended by adding at 
the end the following: 
‘‘SEC. 813 DEPUTY INSPECTOR GENERAL FOR RESPONSE 
AND RECOVERY. 
‘‘(a) ESTABLISHMENT.—There is established the po-
sition of Deputy Inspector General for Response and Re-
covery within the Office of the Inspector General of the 
Department. 
‘‘(b) APPOINTMENT.—The Deputy Inspector General 
for Response and Recovery shall be appointed— 
‘‘(1) by the Inspector General of the Depart-
ment; and 
‘‘(2) solely on the basis of integrity and dem-
onstrated ability in auditing, financial analysis, law, 
management analysis, public administration, or in-
vestigations. 
‘‘(c) REPORTING AND STATUS AS SES POSITION.— 
The Deputy Inspector General for Response and Recov-
ery— 
‘‘(1) shall report to, and be under the direct au-
thority and supervision of, the Inspector General; 
and 
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