[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