[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1416 Reported in Senate (RS)]
Calendar No. 420
108th CONGRESS
1st Session
H. R. 1416
[Report No. 108-214]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 25, 2003
Received; read twice and referred to the Committee on Governmental
Affairs
November 25, 2003
Reported by Ms. Collins, with amendments
[Omit the part struck through and insert the part printed in italic]
_______________________________________________________________________
AN ACT
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 ``Homeland Security Technical
Corrections Act of 2003''.
SEC. 2. TECHNICAL CORRECTIONS RELATING TO CRITICAL INFRASTRUCTURE
INFORMATION.
Section 212(3) of the Homeland Security Act of 2002 (Public Law
107-296; 6 U.S.C. 131(3)) is amended by striking ``systems--'' and
inserting ``systems insofar as such information pertains to--''.
SEC. 3. VISA ISSUANCE.
Section 428(a) of the Homeland Security Act of 2002 (Public Law
107-296; 6 U.S.C. 236(a)) is amended--
(1) by striking ``subsection,'' and inserting ``section,'';
and
(2) by striking ``office'' and inserting ``officer''.
SEC. 4. RESPONSIBILITIES OF UNDER SECRETARY FOR EMERGENCY PREPAREDNESS
AND RESPONSE.
Section 502 of the Homeland Security Act of 2002 (Public Law 107-
296; 6 U.S.C. 312) is amended by striking ``shall include--'' and
inserting ``shall be responsible for--''.
SEC. 5. MILITARY ACTIVITIES OF THE COAST GUARD.
Section 876 of the Homeland Security Act of 2002 (Public Law 107-
296; 6 U.S.C. 456) is amended to read as follows:
``SEC. 876. MILITARY ACTIVITIES.
``Nothing in this Act confers on the Secretary any authority over
warfighting, the military defense of the United States, or other
military activities that are authorized to be directed by the Secretary
of Defense. This Act shall not be construed to limit the existing
authority of the Secretary of Defense over warfighting, the military
defense of the United States, or other military activities, including
such activities of the Coast Guard when it is operating as a service in
the Navy under section 3 of title 14, United States Code.''.
SEC. 6. ANNUAL INDEPENDENT EVALUATION OF INFORMATION SECURITY PROGRAM
AND PRACTICES OF AGENCIES.
Section 3535(b)(1) of title 44, United States Code, is amended by
inserting ``or any other law'' after ``the Inspector General Act of
1978''.
SEC. 7. IMMIGRATION-RELATED POWERS AND DUTIES OF THE SECRETARY AND THE
ATTORNEY GENERAL.
(a) In General.--Section 1102 of the Homeland Security Act of 2002
(Public Law 107-296; 116 Stat. 2273) is amended--
(1) in the matter preceding paragraph (1), by striking ``as
amended by this Act, is further amended by--'' and inserting
``is amended--'';
(2) by amending paragraph (1) to read as follows:
``(1) by amending the section heading to read as follows:
<DELETED>```</DELETED> ```powers and duties of the secretary of
homeland security and the attorney general''';
(3) by amending paragraph (2)(D) to read as follows:
``(D) by redesignating the paragraph (8) added by
section 372(3) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996, and the paragraph
(9) added by section 373 of such Act, as paragraphs
(10) and (11), respectively; and''; and
(4) in the matter added by paragraph (3)--
(A) by striking ``the Immigration Reform,
Accountability and Security Enhancement Act of 2002.''
and inserting ``the Homeland Security Act of 2002.'';
and
(B) by striking ``this section'' and inserting
``this subsection''.
(b) Conforming Amendments to Immigration and Nationality Act.--
(1) Section 103.--Section 103 of the Immigration and
Nationality Act (8 U.S.C. 1103) is amended--
(A) in subsection (a)--
(i) in paragraph (2)--
(I) by striking ``He'' and
inserting ``The Secretary of Homeland
Security''; and
(II) by striking ``of the
Service.'' and inserting ``of the
Department of Homeland Security
relating to the powers, functions, and
duties conferred upon the Secretary by
this Act and all other laws relating to
the immigration and naturalization of
aliens.'';
(ii) in paragraph (3)--
(I) by striking ``He'' and
inserting ``The Secretary of Homeland
Security'';
(II) by striking ``he deems'' and
inserting ``the Secretary deems''; and
(III) by striking ``his authority''
and inserting ``the Secretary's
authority'';
(iii) in paragraph (4)--
(I) by striking ``He'' and
inserting ``Except as otherwise
provided by law, the Secretary of
Homeland Security'';
(II) by striking ``the Service or
the Department of Justice'' and
inserting ``the Department of Homeland
Security''; and
(III) by striking ``employee of the
Service.'' and inserting ``employee of
the Department.'';
(iv) in paragraph (5)--
(I) by striking ``He'' and
inserting ``Except as otherwise
provided by law, the Secretary of
Homeland Security'';
(II) by striking ``in his
discretion,'' and inserting ``in the
Secretary's discretion,''; and
(III) by striking ``such number of
employees of the Service as to him
shall appear necessary and proper.''
and inserting ``such number of
employees of the Department of Homeland
Security as shall appear necessary and
proper to the Secretary.'';
(v) in paragraph (6)--
(I) by striking ``He'' and
inserting ``The Secretary of Homeland
Security''; and
(II) by striking ``of the
Service.'' and inserting ``of the
Department of Homeland Security.'';
(vi) in paragraph (7)--
(I) by striking ``He'' and
inserting ``The Secretary of Homeland
Security'';
(II) by striking ``of the Service''
each place such term appears and
inserting ``of the Department of
Homeland Security'';
(III) by striking ``he may,'' and
inserting ``the Secretary of Homeland
Security may,''; and
(IV) by striking ``in his
judgment'' and inserting ``in the
Secretary's judgment'';
(vii) in paragraph (8), by striking
``Attorney General'' and inserting ``Secretary
of Homeland Security'';
(viii) in paragraph (10) (as redesignated
by section 1102 of the Homeland Security Act of
2002)--
(I) by striking ``Attorney
General'' each place such term appears
and inserting ``Secretary of Homeland
Security''; and
(II) by striking ``of the
Service.'' and inserting ``of the
Department.''; and
(ix) in paragraph (11) (as so
redesignated)--
(I) by striking ``Attorney
General'' and inserting ``Secretary of
Homeland Security''; and
(II) by striking ``by the Service''
each place such term appears and
inserting ``by the Department'';
(B) in subsection (b), by striking ``Attorney
General'' each place such term appears and inserting
``Secretary of Homeland Security'';
(C) by amending subsection (c) to read as follows:
``(c) The Secretary of Homeland Security may enter into cooperative
agreements with State and local law enforcement agencies for the
purpose of assisting in the enforcement of the immigration laws.'';
(D) in subsection (d), by striking ``The
Commissioner,'' and inserting ``The Secretary of
Homeland Security,'';
(E) in subsection (e)--
(i) by striking ``The Commissioner'' and
inserting ``The Secretary of Homeland
Security''; and
(ii) by striking ``district office of the
Service'' and inserting ``field office of the
Department of Homeland Security''; and
(F) in subsection (f)--
(i) by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security'';
(ii) by striking ``of the Immigration and
Naturalization Service'' and inserting ``of the
Directorate of Border and Transportation
Security of the Department of Homeland
Security''; and
(iii) by striking ``the functions of the
Service,'' and inserting ``the functions of the
Directorate,''.
(2) Section 287(g).--Section 287(g) of the Immigration and
Nationality Act (8 U.S.C. 1357(g)) is amended by striking
``Attorney General'' each place such term appears and inserting
``Secretary of Homeland Security''.
(c) Clerical Amendments.--
(1) Homeland security act.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (Public Law
107-296; 116 Stat. 2135) is amended by inserting after the item
relating to section 1103 the following:
``Sec. 1104. Effective date.''.
(2) Immigration and nationality act.--The table of contents
of the Immigration and Nationality Act is amended by amending
the item relating to section 103 to read as follows:
``Sec. 103. Powers and duties of the Secretary of Homeland Security and
the Attorney General.''.
(d) Construction.--The amendments made by this section shall not be
construed to repeal, or limit the applicability of, section 456,
462(e), 1512(d), or 1517 of the Homeland Security Act of 2002, or any
other similar provision pertaining to the treatment of references in
law, with respect to any provision of law that is not amended by this
section.
SEC. 8. EFFECTIVE DATE OF MODIFICATIONS TO REORGANIZATION PLAN.
Section 1502(d) of the Homeland Security Act of 2002 (Public Law
107-296; 6 U.S.C. 542(d)) is amended by striking ``subsection (d)''
each place it appears and inserting ``subsection (c)''.
SEC. 9. REPORT ON WAR RISK INSURANCE FOR AIR CARRIERS.
Section 1204 of the Homeland Security Act of 2002 (116 Stat. 2287)
is amended--
(1) by redesignating subparagraphs (A) through (C) as
paragraphs (1) through (3), respectively, and by moving the
text of such paragraphs 2 ems to the left;
(2) in the matter preceding paragraph (1) (as so
redesignated) by striking ``Secretary'' and inserting
``Secretary of Transportation''; and
(3) in paragraph (3) (as so redesignated) by striking
``Department'' and inserting ``Department of Transportation''.
SEC. 10. AUTHORITY TO ARM FLIGHT DECK CREW WITH LESS-THAN-LETHAL
WEAPONS.
Section 1405(a) of the Homeland Security Act of 2002 (116 Stat.
2307) is amended by striking ``section 6 of this Act'' and inserting
``section 1406 of this Act''.
<DELETED>SEC. 11. REQUIREMENT TO SUBMIT REPORTS AND NOTIFICATIONS TO
SELECT COMMITTEE.</DELETED>
SEC. 11. REQUIREMENT TO SUBMIT REPORTS AND NOTIFICATIONS TO SPECIFIC
CONGRESSIONAL COMMITTEES.
(a) Requirement.--The Homeland Security Act of 2002 (Public Law
107-296) is amended by inserting after section 4 the following:
<DELETED>``SEC. 5. REQUIREMENT TO SUBMIT REPORTS AND NOTIFICATIONS TO
SELECT COMMITTEE ON HOMELAND SECURITY.</DELETED>
``SEC. 5. REQUIREMENT TO SUBMIT REPORTS AND NOTIFICATIONS TO COMMITTEE
ON GOVERNMENTAL AFFAIRS OF THE SENATE AND SELECT
COMMITTEE ON HOMELAND SECURITY.
``In any case in which a report or notification is required by this
Act or an amendment made by this Act to be submitted to the Congress or
to a <DELETED>Committee</DELETED> committee of the Congress, such
report shall also be submitted to the Committee on Governmental Affairs
of the Senate and the Select Committee on Homeland Security of the
House of Representatives.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (Public Law 107-296) is amended by
inserting after the item relating to section 4 the following:
<DELETED>``Sec. 5. Requirement to submit reports and notifications to
Select Committee on Homeland Security.''.
</DELETED>``Sec. 5. Requirement to submit reports and notifications to
Committee on Governmental Affairs of the
Senate and Select Committee on Homeland
Security.''.
SEC. 12. CLARIFICATION OF REPORTING REQUIREMENT CONCERNING ELECTRONIC
COMMUNICATIONS PRIVACY ACT EMERGENCY DISCLOSURE
EXCEPTION.
Section 225(d)(2) of the Homeland Security Act of 2002 (Public Law
107-296; 116 Stat. 2157) is amended by striking ``2702(b) of title 18,
United States Code,'' and inserting ``2702(b)(7) of title 18, United
States Code (as added by paragraph (1)(D)),''.
SEC. 13. EFFECTIVE DATE.
The amendments made by this Act shall take effect as if included in
the enactment of the Homeland Security Act of 2002 (Public Law 107-
296).
Calendar No. 420
108th CONGRESS
1st Session
H. R. 1416
[Report No. 108-214]
_______________________________________________________________________
AN ACT
To make technical corrections to the Homeland Security Act of 2002.
_______________________________________________________________________
November 25, 2003
Reported with amendments