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 home-
land, 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 engage-
ment in protecting the homeland, and for other purposes. 
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 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: 
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‘‘(f) AUTHORIZATION.— 
‘‘(1) IN GENERAL.—There is within the Depart-
ment 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 Sec-
retary for Private Sector Coordination, who shall be 
appointed by the Secretary. 
‘‘(2) MISSION.—The mission of the Private Sec-
tor Office shall be to— 
‘‘(A) create and foster strategic engage-
ment with the private sector to enhance the pri-
mary 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 pri-
vate sector and the United States economy. 
‘‘(3) QUALIFICATIONS OF THE ASSISTANT SEC-
RETARY.—The Assistant Secretary for Private Sec-
tor Coordination shall have— 
‘‘(A) a minimum of ten years of profes-
sional experience working in the private sector; 
‘‘(B) a minimum of five years of manage-
ment experience; and 
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‘‘(C) a basic knowledge of the regulatory 
process. 
‘‘(4) DEPUTY ASSISTANT SECRETARY.—The Of-
fice 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 subpara-
graph (A) of such paragraph may be satisfied by a 
combination of engaging with or working in the pri-
vate sector. 
‘‘(5) RESPONSIBILITIES.—The Assistant Sec-
retary 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 Sec-
retary regarding the impact on the private sec-
tor of the Department’s policies, regulations, 
processes, and actions; 
‘‘(C) analyze and report to the Secretary 
and other appropriate Department officials re-
garding the economic impact of changes in 
homeland security policy, including all regula-
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tions 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 unnec-
essary barriers to private sector job creation; 
‘‘(E) create and foster strategic engage-
ment with the private sector to improve home-
land 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 capabili-
ties that could be effective in augmenting Fed-
eral, State, and local government agency efforts 
to prevent or respond to an incident; 
‘‘(G) in coordination with appropriate com-
ponents of the Department, encourage and pro-
mote to the private sector best practices regard-
ing cyber security and critical infrastructure 
protection; 
‘‘(H) provide information to the private 
sector regarding voluntary preparedness and 
the business justification for resilience; 
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‘‘(I) advise the Secretary regarding the De-
partment’s collective recommendation in evalu-
ating commercial actions pending with other 
relevant Federal agencies with homeland secu-
rity 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 part-
nerships and develop new public-private part-
nerships to provide for collaboration and mutual 
support to address homeland security chal-
lenges; 
‘‘(L) create and manage private sector ad-
visory 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, regu-
lations, processes, and actions that affect 
such industries and associations; and 
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‘‘(iii) 
private 
sector 
preparedness 
issues, including effective methods for— 
‘‘(I) promoting voluntary pre-
paredness 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 Depart-
ment can obtain ad hoc, unpaid, short-term ex-
pertise through appointment of appropriate in-
dividuals from the private sector to provide crit-
ical skills that, to be fully utilized, require an 
appointment as an employee and cannot be ob-
tained through other existing hiring mecha-
nisms. 
‘‘(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. 
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‘‘(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 Representa-
tives and the Committee on Homeland Security 
and Governmental Affairs of the Senate on the 
activities and performance metrics and meas-
ures of the Office. 
‘‘(7) SUNSET
AND
REEVALUATION.—The au-
thorization under this subsection shall expire on De-
cember 31, 2018. The Secretary shall conduct an as-
sessment 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 
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Security and Governmental Affairs of the Senate in-
formation on the following: 
‘‘(A) Office performance against the per-
formance metrics and measures referred to in 
paragraph (6)(A). 
‘‘(B) Office strategic plan. 
‘‘(C) The results of the biannual assess-
ments 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 Of-
ficer as the Department’s primary liaison for indus-
try or the Office of Small and Disadvantaged Busi-
ness Utilization regarding potential goods or services 
the Department may acquire.’’. 
(b) PROHIBITION ON ADDITIONAL AUTHORIZATION 
OF APPROPRIATIONS.—No additional funds are author-
ized to be appropriated to carry out this Act and the 
amendments made by this Act. This Act and such amend-
ments shall be carried out using amounts otherwise avail-
able for such purposes. 
Æ 
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