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Scott P.
Republican PA 4

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  • Hsa Technical Corrections Act

    by Representative Scott Perry

    Posted on 2015-12-08

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    PERRY. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 3859) to make technical corrections to the Homeland Security Act of 2002, as amended.



    The Clerk read the title of the bill.

    The text of the bill is as follows: H.R. 3859 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.

    This Act may be cited as the ``HSA Technical Corrections Act''.

    SEC. 2. REFERENCES TO THE HOMELAND SECURITY ACT OF 2002.

    Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Homeland Security Act of 2002 (Public Law 107-296; 6 U.S.C. 101 et seq.).

    SEC. 3. TECHNICAL AMENDMENTS TO THE HOMELAND SECURITY ACT OF 2002.

    (a) Table of Contents.--The table of contents in section 1(b) (6 U.S.C. 101 note) is amended as follows: (1) By striking the items relating to each of the following: [[Page H9042]] (A) Section 401.

    (B) Section 416.

    (C) Section 430.

    (D) Section 431.

    (E) Section 445.

    (F) Section 446.

    (G) Section 455.

    (H) Section 456.

    (I) Section 459.

    (J) Section 460.

    (K) Section 461.

    (L) Section 472.

    (M) Section 473.

    (N) Section 474.

    (O) Section 475.

    (P) Section 477.

    (Q) Section 706.

    (R) Section 857.

    (S) Section 878.

    (T) Section 881.

    (U) Section 893.

    (V) Section 1204.

    (W) Title XIV.

    (X) Section 1401.

    (Y) Section 1402.

    (Z) Section 1403.

    (AA) Section 1404.

    (BB) Section 1405.

    (CC) Section 1406.

    (DD) Section 1502.

    (2) By striking the items relating to the second section 226 and sections 227 and 228 and inserting the following new items: ``Sec. 227. National Cybersecurity and Communications Integration Center.

    ``Sec. 228. Cyber incident response plan.

    ``Sec. 229. Clearances.''.

    (3) By striking the item relating to title IV and the item relating to subtitle A of title IV and inserting the following new items: ``TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY ``SUBTITLE A--BORDER, MARITIME, AND TRANSPORTATION SECURITY RESPONSIBILITIES AND FUNCTIONS''.

    (4) By striking the item relating to section 402 and inserting the following new item: ``Sec. 402. Border, maritime, and transportation responsibilities.''.

    (5) By striking the item relating to subtitle B of title IV and inserting the following new item: ``Subtitle B--United States Customs and Border Protection''.

    (6) By striking the item relating to section 411 and inserting the following new item: ``Sec. 411. Establishment of United States Customs and Border Protection.''.

    (7) By striking the item relating to section 441 and inserting the following new item: ``Sec. 441. Transfer of functions.''.

    (8) By striking the item relating to section 442 and inserting the following new item: ``Sec. 442. United States Immigration and Customs Enforcement.''.

    (9) By striking the item relating to section 451 and inserting the following new item: ``Sec. 451. Establishment of United States Citizenship and Immigration Services.''.

    (10) By striking the item relating to section 2103 and inserting the following new item: ``Sec. 2103. Protection and sharing of information.''.

    (b) Title I.--Title I (6 U.S.C. 111 et seq.) is amended as follows: (1) In section 102(f)(10) (6 U.S.C. 112(f)(10)), by striking ``Directorate of Border and Transportation Security'' and inserting ``Commissioner of United States Customs and Border Protection''.

    (2) In section 103(a)(1) (6 U.S.C. 113(a)(1))-- (A) by striking the enumerator, the paragraph heading, and the matter preceding subparagraph (A) and inserting the following: ``(1) In general.--Except as provided under paragraph (2), there are the following officers, appointed by the President, by and with the advice and consent of the Senate:''; (B) by moving the margins of subparagraphs (A) through (J) two ems to the right; (C) in subparagraph (C), by striking ``An Under Secretary for Border and Transportation Security'' and inserting ``A Commissioner of United States Customs and Border Protection''; (D) in subparagraph (E), by striking ``the Bureau of'' and inserting ``United States''; (E) in subparagraph (G), by striking ``A Director of the Office of Counternarcotics Enforcement'' and inserting ``A Director of United States Immigration and Customs Enforcement''; (F) by inserting after subparagraph (J) the following new subparagraphs: ``(K) An Administrator of the Transportation Security Administration.

    ``(L) A Commandant of the Coast Guard.''.

    (c) Title II.--Title II (6 U.S.C. 121 et seq.) is amended as follows: (1) In section 202 (6 U.S.C. 122)-- (A) in subsection (c), by striking ``Director of Central Intelligence'' and inserting ``Director of National Intelligence''; and (B) in subsection (d)(2), by striking ``Director of Central Intelligence'' and inserting ``Director of National Intelligence''.

    (2) In section 210E (6 U.S.C. 124l)-- (A) by striking subsection (e); and (B) by redesignating subsection (f) as subsection (e).

    (3) In section 223 (6 U.S.C. 143)-- (A) in paragraph (1)(B)-- (i) by striking ``in coordination with the Under Secretary for Emergency Preparedness and Response,''; and (ii) by striking ``; and'' and inserting a semicolon; and (B) in paragraph (2), by striking ``, in coordination with the Under Secretary for Emergency Preparedness and Response,''.

    (4) In section 225 (6 U.S.C. 145)-- (A) by striking subsection (c); and (B) by redesignating subsection (d) as subsection (c).

    (5) By redesignating sections 227 (6 U.S.C. 149) and 228 (6 U.S.C. 150) as sections 228 and 229, respectively.

    (6) By redesignating the second section 226 (6 U.S.C. 148) (relating to ``National Cybersecurity and Communications Integration Center'') as section 227.

    (7) In section 228 (6 U.S.C. 149), as redesignated by paragraph (6), by striking ``section 226'' and inserting ``section 227(a)(1)''.

    (d) Title III.--Section 302 (6 U.S.C. 182) is amended by striking ``biological,,'' both places it appears and inserting ``biological,''.

    (e) Title IV.--Title IV (6 U.S.C. 201 et seq.) is amended as follows: (1) By striking the title heading and inserting the following: ``TITLE IV--BORDER, MARITIME, AND TRANSPORTATION SECURITY''.

    (2) By striking the heading for subtitle A and inserting the following: ``Subtitle A--Border, Maritime, and Transportation Security Responsibilities and Functions''.

    (3) By striking section 401 (6 U.S.C. 201).

    (4) In section 402 (6 U.S.C. 202)-- (A) by striking the section heading and inserting the following: ``border, maritime, and transportation responsibilities.''; and (B) in the matter preceding paragraph (1), by striking ``, acting through the Under Secretary for Border and Transportation Security,''.

    (5) By striking the heading for subtitle B and inserting the following: ``Subtitle B--United States Customs and Border Protection''.

    (6) In section 411 (6 U.S.C. 211)-- (A) by striking the section heading and inserting the following: ``establishment of united states customs and border protection.''; (B) in subsection (a)-- (i) by striking ``the United States Customs Service'' and inserting ``the United States Customs and Border Protection''; and (ii) by striking ``the Under Secretary for Border and Transportation Security'' and inserting ``the Secretary''; and (C) in subsection (b)-- (i) in the subsection heading, by striking ``of Customs''; (ii) in paragraph (1), by striking ``the Customs Service a Commissioner of Customs'' and inserting ``United States Customs and Border Protection a Commissioner''; and (iii) by striking paragraph (3).

    (7) In section 412(b)(1) (6 U.S.C. 212), by striking ``United States Customs Service'' and inserting ``United States Customs and Border Protection''.

    (8) In section 413 (6 U.S.C. 213), by striking ``available to the United States Customs Service or''.

    (9) In section 414 (6 U.S.C. 214), by striking ``the United States Customs Service'' and inserting ``United States Customs and Border Protection''.

    (10) By striking section 416 (6 U.S.C. 216).

    (11) In section 418 (6 U.S.C. 218)-- (A) by striking ``(a) Continuing Reports.--''; and (B) by striking subsection (b).

    (12) In section 423 (6 U.S.C. 233)-- (A) by striking subsection (b); and (B) by redesignating subsection (c) as subsection (b).

    (13) In section 424(a) (6 U.S.C. 234(a)), by striking ``Under Secretary for Border Transportation and Security'' and inserting ``Secretary''.

    (14) In section 427 (6 U.S.C. 235), by striking subsection (c).

    (15) In section 428 (6 U.S.C. 236)-- (A) in subsection (e), by striking paragraphs (7) and (8); (B) by striking subsections (g) and (h); and (C) by redesignating subsection (i) as subsection (g).

    (16) By striking section 430 (6 U.S.C. 238).

    (17) By striking section 431 (6 U.S.C. 239).

    (18) In section 441 (6 U.S.C. 251)-- (A) in the section heading, by striking ``to under secretary for border and transportation security''; and (B) in the matter preceding paragraph (1), by striking ``the Under Secretary for Border and Transportation Security'' and inserting ``the Secretary''.

    (19) In section 442 (6 U.S.C. 252)-- (A) in the section heading, by striking ``establishment of bureau of border security'' and inserting ``united states immigration and customs enforcement''; (B) by striking ``the Bureau of Border Security'' each place it appears and inserting ``United States Immigration and Customs Enforcement''; (C) by striking ``Bureau of Border Security'' each place it appears and inserting ``United States Immigration and Customs Enforcement''; (D) by striking ``the Bureau'' each place it appears and inserting ``United States Immigration and Customs Enforcement''; (E) by striking ``Under Secretary for Border and Transportation Security'' each place it appears and inserting ``Secretary''; [[Page H9043]] (F) by striking ``the Bureau of Citizenship and Immigration Services'' both places it appears and inserting ``United States Citizenship and Immigration Services''; (G) in subsection (a)-- (i) in the subsection heading, by striking ``of Bureau''; (ii) in paragraph (1) by striking ``a bureau to be known as the `Bureau of Border Security' '' and inserting ``the Bureau of Border Security''; (iii) in paragraph (2), in the paragraph heading, by striking ``Assistant secretary'' and inserting ``Director''; and (iv) by striking paragraph (5) and inserting the following: ``(5) Managerial rotation program.--Not later than 1 year after the date on which the transfer of functions specified under section 441 takes effect, the Director of United States Immigration and Customs Enforcement shall design and implement a managerial rotation program under which employees of United States Immigration and Customs Enforcement holding positions involving supervisory or managerial responsibility and classified, in accordance with chapter 51 of title 5, United States Code, as a GS-14 or above, shall-- ``(A) gain some experience in all the major functions performed by United States Immigration and Customs Enforcement; and ``(B) work in at least one local office of United States Immigration and Customs Enforcement.''; and (H) by striking ``Assistant Secretary'' each place it appears and inserting ``Director''.

    (20) In section 443 (6 U.S.C. 253)-- (A) by striking ``Under Secretary for Border and Transportation Security'' and inserting ``Secretary''; and (B) by striking ``the Bureau of Border Security'' each place it appears and inserting ``United States Immigration and Customs Enforcement''.

    (21) In section 444 (6 U.S.C. 254)-- (A) by striking ``Under Secretary for Border and Transportation Security'' and inserting ``Secretary''; (B) by striking ``pursuant to policies and procedures applicable to employees of the Federal Bureau of Investigation,''; and (C) by striking ``the Bureau of Border Security'' and inserting ``United States Customs and Border Protection''.

    (22) By striking section 445.

    (23) By striking section 446.

    (24) In section 451-- (A) in the section heading, by striking ``bureau of'' and inserting ``united states''; (B) by striking ``the Bureau of Citizenship and Immigration Services'' each place it appears and inserting ``United States Citizenship and Immigration Services''; (C) by striking ``Bureau of Citizenship and Immigration Services'' each place it appears and inserting ``United States Citizenship and Immigration Services''; (D) by striking ``the Bureau of Border Security'' each place it appears and inserting ``United States Immigration and Customs Enforcement''; (E) in subsection (a)-- (i) in the subsection heading, by striking ``of Bureau''; (ii) in paragraph (1)-- (I) by striking ``a bureau to be known as the `Bureau of Citizenship and Immigration Services' '' and inserting ``the Bureau of Citizenship and Immigration Services''; and (II) by striking ``the `Bureau of Citizenship and Immigration Services' '' and inserting `` `the United States Citizenship and Immigration Services' ''; (iii) in paragraph (2)(C), by striking ``Assistant Secretary'' and inserting ``Director''; and (iv) by striking paragraph (4) and inserting the following: ``(4) Managerial rotation program.--Not later than 1 year after the effective date specified in section 455, the Director of United States Citizenship and Immigration Services shall design and implement a managerial rotation program under which employees of United States Citizenship and Immigration Services holding positions involving supervisory or managerial responsibility and classified, in accordance with chapter 51 of title 5, United States Code, as a GS-14 or above, shall-- ``(A) gain some experience in all the major functions performed by United States Citizenship and Immigration Services; and ``(B) work in at least one field office and one service center of United States Citizenship and Immigration Services.''; and (F) by striking subsection (g).

    (25) In section 452 (6 U.S.C. 272)-- (A) by striking ``the Bureau of'' each place it appears and inserting ``United States''; and (B) in subsection (f), in the subsection heading, by striking ``Bureau of'' and inserting ``United States''.

    (26) In section 453 (6 U.S.C. 273)-- (A) by striking ``the Bureau of'' each place it appears and inserting ``United States''; and (B) in subsection (a)(2), by striking ``such bureau'' and inserting ``United States Citizenship and Immigration Services''.

    (27) In section 454 (6 U.S.C. 274)-- (A) by striking ``the Bureau of'' each place it appears and inserting ``United States''; and (B) by striking ``pursuant to policies and procedures applicable to employees of the Federal Bureau of Investigation,''.

    (28) By striking section 455 (6 U.S.C. 271 note).

    (29) By striking section 456 (6 U.S.C. 275).

    (30) By striking section 459 (6 U.S.C. 276).

    (31) By striking section 460 (6 U.S.C. 277).

    (32) By striking section 461 (6 U.S.C. 278).

    (33) In section 462(b)(2)(A) (6 U.S.C. 279(b)(2)(A))-- (A) by striking ``the Bureau of Citizenship and Immigration Services'' and inserting ``United States Citizenship and Immigration Services''; (B) by striking ``Assistant Secretary'' and inserting ``Director''; and (C) by striking ``the Bureau of Border Security'' and inserting ``United States Immigration and Customs Enforcement''.

    (34) By striking section 472 (6 U.S.C. 292).

    (35) By striking section 473 (6 U.S.C. 293).

    (36) By striking section 474 (6 U.S.C. 294).

    (37) By striking section 475 (6 U.S.C. 295).

    (38) In section 476 (6 U.S.C. 296)-- (A) by striking ``the Bureau of Citizenship and Immigration Services'' each place it appears and inserting ``United States Citizenship and Immigration Services''; and (B) by striking ``the Bureau of Border Security'' each place it appears and inserting ``United States Immigration and Customs Enforcement''.

    (39) By striking section 477 (6 U.S.C. 297).

    (40) By amending section 478 (6 U.S.C. 298) to read as follows: ``SEC. 478. IMMIGRATION FUNCTIONS.

    ``(a) In General.--One year after the date of the enactment of this Act, and each year thereafter, the Secretary shall submit a report to the President, to the Committees on the Judiciary and Oversight and Government Reform of the House of Representatives, and to the Committees on the Judiciary and Homeland Security and Governmental Affairs of the Senate, on the impact the transfers made by this subtitle has had on immigration functions.

    ``(b) Matter Included.--The report shall address the following with respect to the period covered by the report: ``(1) The aggregate number of all immigration applications and petitions received, and processed, by the Department.

    ``(2) Region-by-region statistics on the aggregate number of immigration applications and petitions filed by an alien (or filed on behalf of an alien) and denied, disaggregated by category of denial and application or petition type.

    ``(3) The quantity of backlogged immigration applications and petitions that have been processed, the aggregate number awaiting processing, and a detailed plan for eliminating the backlog.

    ``(4) The average processing period for immigration applications and petitions, disaggregated by application or petition type.

    ``(5) The number and types of immigration-related grievances filed with any official of the Department of Justice, and if those grievances were resolved.

    ``(6) Plans to address grievances and improve immigration services.

    ``(7) Whether immigration-related fees were used consistent with legal requirements regarding such use.

    ``(8) Whether immigration-related questions conveyed by customers to the Department (whether conveyed in person, by telephone, or by means of the Internet) were answered effectively and efficiently.''.

    (f) Title V.--Title V (6 U.S.C. 311 et seq.) is amended as follows: (1) In section 501(8) (6 U.S.C. 311(8)), by striking ``section 502(a)(6)'' and inserting ``section 504(a)(6)''.

    (2) In section 504(a)(3)(B) (6 U.S.C. 314(a)(3)), by striking ``, the National Disaster Medical System,''.

    (g) Title VI.--Section 601 (6 U.S.C. 331) is amended by striking ``Director of Central Intelligence'' each place it appears and inserting ``Director of National Intelligence''.

    (h) Title VII.--Title VII (6 U.S.C. 341 et seq.) is amended as follows: (1) In section 701(b)(1) (6 U.S.C. 341(b)(1))-- (A) in subparagraph (A)-- (i) by striking ``the Bureau of Border Security and the Bureau of Citizenship and Immigration Services'' and inserting ``United States Citizenship and Immigration Services and United States Immigration and Customs Enforcement''; and (ii) by striking ``such bureau'' and inserting ``United States Citizenship and Immigration Services''; and (B) in subparagraph (B), by striking ``such bureaus'' and inserting ``United States Citizenship and Immigration Services and United States Immigration and Customs Enforcement''.

    (2) By striking section 706 (6 U.S.C. 346).

    (i) Title VIII.--Title VIII (6 U.S.C. 361 et seq.) is amended as follows: (1) In section 833 (6 U.S.C. 393), by striking subsection (e).

    (2) In section 843(b)(1)(B) (6 U.S.C. 413(b)(1)(B)), by striking ``as determined by'' and all that follows through ``; and'' and inserting ``as determined by the Secretary; and''.

    (3) By amending section 844 (6 U.S.C. 414) to read as follows: ``SEC. 844. HOMELAND SECURITY ROTATION PROGRAM.

    ``(a) In General.--Not later than 180 days after the date of enactment of this section, the Secretary shall establish the Homeland Security Rotation Program (in this section referred to as the ``Rotation Program'') for employees of the Department. The Rotation Program shall use applicable best practices, including those from the Chief Human Capital Officers Council.

    [[Page H9044]] ``(b) Goals.--The Rotation Program established by the Secretary shall-- ``(1) be established in accordance with the Human Capital Strategic Plan of the Department; ``(2) provide middle and senior level employees in the Department the opportunity to broaden their knowledge through exposure to other components of the Department; ``(3) expand the knowledge base of the Department by providing for rotational assignments of employees to other components; ``(4) build professional relationships and contacts among the employees in the Department; ``(5) invigorate the workforce with exciting and professionally rewarding opportunities; ``(6) incorporate Department human capital strategic plans and activities, and address critical human capital deficiencies, recruitment and retention efforts, and succession planning within the Federal workforce of the Department; and ``(7) complement and incorporate (but not replace) rotational programs within the Department in effect on the date of enactment of this section.

    ``(c) Administration.-- ``(1) In general.--The Chief Human Capital Officer shall administer the Rotation Program.

    ``(2) Responsibilities.--The Chief Human Capital Officer shall-- ``(A) provide oversight of the establishment and implementation of the Rotation Program; ``(B) establish a framework that supports the goals of the Rotation Program and promotes cross-disciplinary rotational opportunities; ``(C) establish eligibility for employees to participate in the Rotation Program and select participants from employees who apply; ``(D) establish incentives for employees to participate in the Rotation Program, including promotions and employment preferences; ``(E) ensure that the Rotation Program provides professional education and training; ``(F) ensure that the Rotation Program develops qualified employees and future leaders with broadbased experience throughout the Department; ``(G) provide for greater interaction among employees in components of the Department; and ``(H) coordinate with rotational programs within the Department in effect on the date of enactment of this section.

    ``(d) Allowances, Privileges, and Benefits.--All allowances, privileges, rights, seniority, and other benefits of employees participating in the Rotation Program shall be preserved.''.

    (4) By striking section 857 (6 U.S.C. 427).

    (5) By striking section 878 (6 U.S.C. 458).

    (6) By striking section 881 (6 U.S.C. 461).

    (7) In section 882(a)(1) (6 U.S.C. 462(a)(1)), by striking ``Office of the Secretary'' and inserting ``Federal Emergency Management Agency''.

    (8) In section 888 (6 U.S.C. 468), by striking subsection (h).

    (9) In section 892 (6 U.S.C. 482)-- (A) in subsection (b)(7), by striking ``Director of Central Intelligence'' and inserting ``Director of National Intelligence''; and (B) in subsection (c)(3)(D), by striking ``Director of Central Intelligence'' and inserting ``Director of National Intelligence''.

    (10) By striking section 893 (6 U.S.C. 483).

    (j) Title IX.--Section 903(a) (6 U.S.C. 493(a)) is amended in the subsection heading by striking ``Members--'' and inserting ``Members.--''.

    (k) Title X.--Section 1001(c)(1) (6 U.S.C. 511(c)(1)) is amended by striking ``Director of Central Intelligence'' and inserting ``Director of National Intelligence''.

    (l) Title XII.--Title XII is amended by striking section 1204.

    (m) Title XIV.--Strike title XIV (49 U.S.C. 40101 note et seq.).

    (n) Title XV.--Title XV (6 U.S.C. 541 et seq.) is amended by striking section 1502.

    (o) Title XVIII.--Title XVIII (6 U.S.C. 571 et seq.) is amended as follows: (1) In section 1801(c)(12) (6 U.S.C. 571(c)(12)), by striking ``Assistant Secretary for Grants and Training'' and inserting ``Administrator of the Federal Emergency Management Agency''.

    (2) In section 1804(b)(1) (6 U.S.C. 574(b)(1)), in the matter preceding subparagraph (A), by striking ``Assistant Secretary for Grants and Planning'' and inserting ``Administrator of the Federal Emergency Management Agency''.

    (p) Title XIX.--Section 1902(b)(3) (6 U.S.C. 592(b)(3)) is amended-- (1) in the paragraph heading, by striking ``Hawaiian native-serving'' and inserting ``Native hawaiian-serving''; and (2) by striking ``Hawaiian native-serving'' and inserting ``Native Hawaiian-serving''.

    (q) Title XX.--Title XX (6 U.S.C. 601 et seq.) is amended as follows: (1) In section 2006(b)(4)-- (A) in subparagraph (D), by inserting ``and'' after the semicolon; (B) in subparagraph (E), by striking ``; and'' and inserting a period; and (C) by striking subparagraph (F).

    (2) In section 2021 (6 U.S.C. 611)-- (A) by striking subsection (c); and (B) by redesignating subsection (d) as subsection (c).

    The SPEAKER pro tempore. Pursuant to the rule, the gentleman from Pennsylvania (Mr. Perry) and the gentlewoman from Texas (Ms. Jackson Lee) each will control 20 minutes.

    The Chair recognizes the gentleman from Pennsylvania.

    General Leave Mr. PERRY. Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days within which to revise and extend their remarks and to include any extraneous material on the bill under consideration.

    The SPEAKER pro tempore. Is there objection to the request of the gentleman from Pennsylvania? There was no objection.

    Mr. PERRY. Mr. Speaker, I yield myself such time as I may consume.

    I rise today in strong support of H.R. 3859, the HSA Technical Corrections Act.

    This important, commonsense legislation amends the Homeland Security Act of 2002, the HSA, by updating obsolete language and by striking outdated offices and reporting requirements.

    In the aftermath of September 11, 2001, Congress passed the HSA, the organizing document of the Department of Homeland Security, or DHS, to enhance the ability of the Federal Government to prevent future acts of domestic terrorism.

    The passage of this legislation marked one of the most dramatic reorganizations of the Federal Government in decades and introduced a number of new offices and reporting requirements. In the intervening years, agencies have changed; names, roles, and responsibilities have shifted; and a number of reporting requirements have expired. This legislation updates the HSA to ensure it more accurately reflects the mission of DHS, and thereby allows Congress to conduct more effective oversight of the Department.

    I urge all Members to join me in supporting this bill.

    Mr. Speaker, I reserve the balance of my time.

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