[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1416 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 1416

  To make technical corrections to the Homeland Security Act of 2002.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 25, 2003

Mr. Cox introduced the following bill; which was referred to the Select 
                     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 ``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.

    ``Except as provided in section 888, 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, THE 
              UNDER SECRETARY FOR BORDER AND TRANSPORTATION SECURITY, 
              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:

  `powers and duties of the secretary of homeland security, the under 
  secretary for border and transportation 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 
                                Directorate of Border and 
                                Transportation Security 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 ``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 ``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.'';
                            (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) in subsection (c)--
                            (i) by striking ``The Commissioner'' each 
                        place such term appears and inserting ``The 
                        Under Secretary for Border and Transportation 
                        Security''; and
                            (ii) by amending the second sentence to 
                        read as follows:
``The Under Secretary for Border and Transportation Security shall be 
charged with any and all responsibilities and authority in the 
administration of this Act which are conferred upon the Secretary of 
Homeland Security and which may be delegated or prescribed to the Under 
Secretary by the Secretary.'';
                    (D) in subsection (d), by striking ``The 
                Commissioner,'' and inserting ``The Under Secretary for 
                Border and Transportation Security,'';
                    (E) in subsection (e)--
                            (i) by striking ``The Commissioner'' and 
                        inserting ``The Under Secretary for Border and 
                        Transportation Security''; and
                            (ii) by striking ``of the Service'' and 
                        inserting ``of the Directorate of Border and 
                        Transportation Security 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, 
                            the Under Secretary for Border and 
                            Transportation Security, and the Attorney 
                            General.''.

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''.

SEC. 11. REQUIREMENT TO SUBMIT REPORTS AND NOTIFICATIONS TO SELECT 
              COMMITTEE.

    The Homeland Security Act of 2002 (Public Law 107-296) is amended 
by inserting after section 4 the following:

``SEC. 5. REQUIREMENT TO SUBMIT REPORTS AND NOTIFICATIONS TO 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 Committee of the Congress, such report shall also be submitted to 
the Select Committee on Homeland Security of the House of 
Representatives.''.

SEC. 12. 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).
                                 <all>