[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3859 Introduced in House (IH)]
<DOC>
114th CONGRESS
1st Session
H. R. 3859
To make technical corrections to the Homeland Security Act of 2002.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 29, 2015
Mr. Perry (for himself and Mr. McCaul) introduced the following bill;
which was referred to the Committee on Homeland Security
_______________________________________________________________________
A BILL
To make technical corrections to the Homeland Security Act of 2002.
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:
(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) in subparagraph (C), by striking ``An Under
Secretary for Border and Transportation Security'' and
inserting ``A Commissioner of United States Customs and
Border Protection'';
(C) in subparagraph (E), by striking ``the Bureau
of'' and inserting ``United States'';
(D) in subparagraph (G), by striking ``A Director
of the Office of Counternarcotics Enforcement'' and
inserting ``A Director of United States Immigration and
Customs Enforcement'';
(E) by redesignating subparagraphs (H) through (J)
as subparagraphs (J) through (L), respectively; and
(F) by inserting after subparagraph (G) the
following new subparagraphs:
``(H) An Administrator of the Transportation
Security Administration.
``(I) 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
``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 ``an agency to be known
as `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'';
(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'' and inserting ``an agency'';
(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
Customs and Border Protection'';
(E) in subsection (a)--
(i) in the subsection heading, by striking
``of Bureau'';
(ii) in paragraph (1)--
(I) by striking ``a bureau'' and
inserting ``an agency''; and
(II) by striking ``the `Bureau of
Citizenship and Immigration Services'''
and inserting ```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.
``(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).
<all>