112TH CONGRESS 
2D SESSION 
H. R. 5913 
AN ACT 
To create an independent advisory panel to comprehensively 
assess the management structure and capabilities related 
to the Department of Homeland Security and make rec-
ommendations to improve the efficiency and effectiveness 
of the management of the Department. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘DHS Accountability 
Act of 2012’’. 
SEC. 2. FINDINGS. 
Congress finds that the Subcommittee on Oversight, 
Investigations, and Management of the Committee on 
Homeland Security of the House of Representatives held 
a series of four hearings related to the management of 
the Department of Homeland Security. The key findings 
from such hearings were the following: 
(1) The Department of Homeland Security has 
not prioritized the missions outlined in its key stra-
tegic planning documents. This lack of prioritization 
may hinder the Department’s efforts to effectively 
manage risks to the United States. Since 2003, the 
Government Accountability Office designated the 
transformation of the Department as high risk be-
cause the Department had to transform 22 agen-
cies—several with major management challenges— 
into one department, and failure to effectively ad-
dress the Department’s management and mission 
risks could have serious consequences to United 
States national and economic security. The Govern-
ment Accountability Office continues to designate 
the transformation of the Department as high risk.
(2) The Department has considerable work 
ahead to achieve actions and outcomes critical to ad-
dressing persistent management challenges. For ex-
ample, a significant number of acquisition programs 
proceeded without component or departmental ap-
proval of essential planning documents. These re-
views are important to ensure the success of an ac-
quisition program. The Department also continues 
to face challenges implementing key human capital 
initiatives. Integrating financial data essential to ef-
fectively managing the Department also remains a 
challenge. 
(3) Areas of duplicative effort have also been 
identified within the Department. For example, some 
Federal Government agencies are paying fees to the 
Department’s Federal Protective Service for facility 
risk assessments that are not being performed, while 
at the same time performing their own risk assess-
ments. The Department also lacks robust acquisition 
practices in place to position programs for success. 
Federal Government auditors questioned U.S. Cus-
toms and Border Protection’s plan to secure the Ari-
zona border because the agency could not justify the 
specific types, quantities, cost, and deployment loca-
tions of its surveillance technologies.
(4) Investigators continue to identify cases of 
employee corruption within the Department. Inves-
tigations by the Department’s Inspector General led 
to over 400 arrests of employees in 2011. Examples 
include Border Patrol agents accepting bribes, thefts 
by airport screeners, and immigration officers 
complicit in fraud. In addition, overall employee mo-
rale in the Department remains one of the lowest in 
the Federal Government. 
SEC. 3. ESTABLISHMENT. 
There is established in the legislative branch an inde-
pendent advisory panel to— 
(1) comprehensively assess the management 
structure and capabilities related to the Department 
of Homeland Security; and 
(2) make recommendations to improve the effi-
ciency and effectiveness of the management of the 
Department. 
SEC. 4. MEMBERSHIP. 
(a) IN GENERAL.—The independent advisory panel 
(in this Act referred to as the ‘‘Panel’’) established under 
section 3 shall be composed of eight members as follows: 
(1) Two members shall be appointed by the 
Speaker of the House of Representatives, in coordi-
nation with the Chairman of the Committee on
Homeland Security of the House of Representatives. 
Only one of such members may be from the same 
political party as the Speaker of the House of Rep-
resentatives. 
(2) Two members shall be appointed by the ma-
jority leader of the Senate, in coordination with the 
Chairman of the Committee on Homeland Security 
and Governmental Affairs of the Senate. Only one of 
such members may be from the same political party 
as the majority leader of the Senate. 
(3) One member shall be appointed by the mi-
nority leader of the House of Representatives, in co-
ordination with the Ranking Minority Member of the 
Committee on Homeland Security of the House of 
Representatives. 
(4) One member shall be appointed by the mi-
nority leader of the Senate, in coordination with the 
Ranking Minority Member of the Committee on 
Homeland Security and Governmental Affairs of the 
Senate. 
(5) Two members shall be appointed by the 
President, in consultation with the Secretary of 
Homeland Security. Only one of such members may 
be from the same political party as the President.
appointment when the Panel was first established, 
chosen in consultation with the senior officers of the 
House of Representatives and the Senate of the 
party which is the party of the officer who made 
such initial appointment. 
(f) GOVERNMENT EMPLOYEES.—Members of the 
Panel who are officers or employees of the Federal Gov-
ernment shall serve without additional pay (or benefits in 
the nature of compensation) for service as a member of 
the Panel. 
(g) INITIAL MEETING.—The Panel shall meet and 
begin the operations of the Panel not later than 60 days 
after the appointment of all Panel members under sub-
section (a). 
SEC. 5. DUTIES. 
(a) IN GENERAL.—The Panel shall assess the current 
management structure and capabilities of the Department 
of Homeland Security, including examining the following: 
(1) The efficiency and effectiveness of the man-
agement structure and capabilities, including the 
policies, practices, and procedures, of the Depart-
ment of Homeland Security and its component agen-
cies in carrying out the management functions, such 
as program acquisition, financial management, infor-
mation technology, human capital issues, perform-
ance measurement, and risk management efforts, re-
lated to homeland security. 
(2) The extent to which unnecessary duplication 
exists in such management structure and capabili-
ties, and how, if at all, such duplication negatively 
affects the mission of protecting the United States. 
(3) The extent to which management of key 
homeland security missions is centralized under the 
Department. 
(4) Options, as appropriate, to reduce or elimi-
nate harmful waste and duplication of effort in the 
Department. 
(5) Measures to evaluate the Department’s 
progress in reducing and eliminating waste and du-
plication from its management structure and capa-
bilities. 
(b) ADDITIONAL CONSIDERATIONS.—In carrying out 
its duties, the Panel should consult and leverage the work 
performed and recommendations made by the Government 
Accountability Office on the management structure and 
capabilities of the Department of Homeland Security, in 
particular with respect to the issues identified under sub-
section (a). 
SEC. 6. POWERS AND AUTHORITIES. 
(a) HEARINGS AND EVIDENCE.—
(1) IN GENERAL.—The Panel or, on the author-
ity of the Panel, any portion thereof, may, for the 
purpose of carrying out this section— 
(A) hold such hearings and sit and act at 
such times and places, take such testimony, re-
ceive such evidence, administer such oaths (pro-
vided that the quorum for a hearing shall be 
two members of the Panel); and 
(B) subject to subsection (b), require by 
subpoena or otherwise provide for the attend-
ance and testimony of such witnesses and the 
production of such books, records, correspond-
ence, memoranda, papers, and documents, as 
the Panel, or such portion thereof, may deter-
mine advisable. 
(2) OPEN
TO
THE
PUBLIC.—Hearings and 
other activities conducted under paragraph (1) shall 
be open to the public unless the Panel, or, on the 
authority of the Panel, any portion thereof, deter-
mines that such is not appropriate, including for 
reasons relating to the disclosure of information or 
material regarding the national security interests of 
the United States or the disclosure of sensitive law 
enforcement data. 
(b) SUBPOENAS.—
(1) ISSUANCE.— 
(A) IN
GENERAL.—A subpoena may be 
issued under this subsection only— 
(i) by the two co-chairmen; or 
(ii) by the affirmative recorded vote of 
six members of the Panel. 
(B) SIGNATURE.—Subpoenas issued under 
this subsection may be— 
(i) issued under the signature of the 
two co-chairmen or any member designated 
by a majority of the Panel; and 
(ii) served by any person designated 
by the two co-chairmen or by any member 
designated by a majority of the Panel. 
(2) ENFORCEMENT.— 
(A) IN GENERAL.—In the case of contu-
macy or failure to obey a subpoena issued 
under this subsection, the United States district 
court for the judicial district in which the sub-
poenaed person resides, is served, or may be 
found, or where the subpoena is returnable, 
may issue an order requiring such person to 
produce documentary or other evidence. Any 
failure to obey the order of the court may be
punished by the court as contempt of that 
court. 
(B) ADDITIONAL ENFORCEMENT.—In the 
case of any failure of any witness to comply 
with any subpoena, the Panel may, by majority 
vote, certify a statement of fact constituting 
such failure to the appropriate United States 
attorney, who may bring the matter before a 
grand jury for its action, under the same statu-
tory authority and procedures as if the United 
States attorney had received a certification 
under sections 102 through 104 of the Revised 
Statutes of the United States (2 U.S.C. 192 
through 194). 
(c) PERSONNEL.— 
(1) IN GENERAL.—The Panel shall have the au-
thorities provided in section 3161 of title 5, United 
States Code, and shall be subject to the conditions 
specified in such section, except to the extent that 
such conditions would be inconsistent with the re-
quirements of this section. 
(2) COMPENSATION.—The co-chairmen, in ac-
cordance with rules agreed upon by the Panel, may 
appoint and fix the compensation of a staff director 
and such other personnel as may be necessary to en-
able the Panel to carry out its functions, without re-
gard to the provisions of title 5, United States Code, 
governing appointments in the competitive service, 
and without regard to the provisions of chapter 51 
and subchapter III of chapter 53 of such title relat-
ing to classification and General Schedule pay rates, 
except that no rate of pay fixed under this para-
graph may exceed the equivalent of that payable for 
a position at level V of the Executive Schedule under 
section 5316 of title 5, United States Code. 
(3) DETAILEES.—Any employee of the Federal 
Government may be detailed to the Panel without 
reimbursement from the Panel, and such detailee 
shall retain the rights, status, and privileges of the 
employee’s regular employment without interruption. 
(4) EXPERT AND CONSULTANT SERVICES.—The 
Panel is authorized to procure the services of experts 
and consultants in accordance with section 3109 of 
title 5, United States Code, but at rates not to ex-
ceed the daily rate paid a person occupying a posi-
tion at level IV of the Executive Schedule under sec-
tion 5315 of title 5, United States Code. 
(5) VOLUNTEER
SERVICES.—Notwithstanding 
section 1342 of title 31, United States Code, the
(h) RULES OF PROCEDURE.—The Panel may estab-
lish rules for the conduct of the Panel’s business, if such 
rules are not inconsistent with this Act or other applicable 
law. 
(i) NONAPPLICABILITY OF THE FEDERAL ADVISORY 
COMMITTEE ACT.—The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Panel. 
(j) TERMINATION.—The Panel shall terminate on the 
date that is 60 days after the date of the submission of 
its final report. 
SEC. 7. REPORTS TO CONGRESS. 
(a) INTERIM REPORT.—Not later than one year after 
the date of the appointment of all the members of the 
Panel, the Panel shall submit to the Committee on Home-
land Security of the House of Representatives and the 
Committee on Homeland Security and Governmental Af-
fairs of the Senate an interim report, including the results 
and findings of the assessment and examination carried 
out in accordance with section 5. 
(b) OTHER REPORTS AND BRIEFINGS.—The Panel 
may from time to time submit to the committees specified 
in subsection (a) such other reports and briefings relating 
to the assessment and examination carried out in accord-
ance with section 5 as the Panel considers appropriate.
Such committees may request information on the Panel’s 
progress as it conducts its work. 
(c) FINAL REPORT.—Not later than two years after 
the date of the appointment of all the members of the 
Panel, the Panel shall submit to the committees specified 
in subsection (a) a final report on the assessment and ex-
amination carried out in accordance with section 5. Such 
final report shall— 
(1) include the findings of the Panel; 
(2) identify lessons learned related to homeland 
security management issues; and 
(3) include specific recommendations related 
to— 
(A) improving the efficiency and effective-
ness of the management structure and capabili-
ties, including the policies, practices, and proce-
dures, of the Department of Homeland Security 
and its component agencies in carrying out the 
Department’s management functions and mis-
sion to protect the United States; 
(B) reducing or eliminating unnecessary 
duplication in the management structure and 
capabilities of the Department and its compo-
nent agencies;
(C) options, as appropriate, to reduce or 
eliminate harmful waste and duplication of ef-
fort in the Department; and 
(D) developing measures to evaluate the 
Department’s progress in reducing and elimi-
nating waste and duplication from its manage-
ment structure and capabilities. 
Passed the House of Representatives November 27, 
2012. 
Attest: 
Clerk.
112TH CONGRESS 
2D SESSION 
H. R. 5913 
AN ACT 
To create an independent advisory panel to com-
prehensively assess the management structure 
and capabilities related to the Department of 
Homeland Security and make recommendations 
to improve the efficiency and effectiveness of the 
management of the Department.