[House Report 108-104]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-104
======================================================================
HOMELAND SECURITY TECHNICAL CORRECTIONS ACT OF 2003
_______
May 15, 2003.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Cox, from the Select Committee on Homeland Security, submitted the
following
R E P O R T
[To accompany H.R. 1416]
[Including cost estimate of the Congressional Budget Office]
The Select Committee on Homeland Security, to whom was
referred the bill (H.R. 1416) to make technical corrections to
the Homeland Security Act of 2002, having considered the same,
report favorably thereon with an amendment and recommend that
the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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:
`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, 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''.
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. 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).
Purpose and Summary
H.R. 1416 makes technical corrections to the Homeland
Security Act of 2002.
Background and Need for the Legislation
On November 25, 2002, the President signed into law the
Homeland Security Act of 2002--Public Law 107-296. The Act
created the Department of Homeland Security with the mission of
preventing terrorist attacks on the United States, reducing the
United States' vulnerability to terrorism, and minimizing the
damage and assisting in recovery from any attacks that do
occur.
On March 25, 2003, Representative Christopher Cox (R-CA)
introduced H.R. 1416, the Homeland Security Technical
Correction Act of 2003, for the purpose of making technical
corrections to the Homeland Security Act of 2002. H.R. 1416
improves the Homeland Security Act of 2002 and honors the
original intentions of the drafters by making grammatical and
technical corrections.
Committee Consideration
On March 25, Representative Christopher Cox introduced H.R.
1416, the Homeland Security Technical Corrections Act of 2003,
which was referred to the Select Committee on Homeland
Security. On March 28, 2003, the Select Committee on Homeland
Security held a hearing on H.R. 1416. Michael Dorsey, Director
of Administration for the Department of Homeland Security,
appeared as a witness.
On Monday, March 31, 2003, the Select Committee on Homeland
Security met in open markup session and ordered H.R. 1416
favorably reported to the House, with an amendment, by voice
vote, a quorum being present. During the mark-up, one amendment
in the nature of a substitute offered by Mr. Cox was agreed to
by a voice vote.
Committee Votes
Clause 3(b) of House rule XIII requires the Select
Committee to list each record vote on an amendment or motion to
report. No record votes were requested during the consideration
of H.R. 1416.
Committee Oversight Findings
Pursuant to clause 3(c)(1) of House rule XIII, the Select
Committee has not held any oversight hearings on this
legislation.
Statement of General Performance Goals and Objectives
H.R. 1416 does not authorize funding. Therefore clause
3(c)(4) of House rule XIII is not applicable.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of House rule XIII, the
Select Committee finds that H.R. 1416 would result in no new or
increased budget authority, entitlement authority, or tax
expenditures or revenues.
Committee Cost Estimate
The Select Committee adopts as its own the cost estimate
prepared by the Director of the Congressional Budget Office
pursuant to section 402 of the Congressional Budget Act of
1974.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of House rule XIII, the
following is the cost estimate provided by the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, April 2, 2003.
Hon. Christopher Cox,
Chairman, Select Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1416, the Homeland
Security Technical Corrections Act of 2003.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Deborah Reis.
Sincerely,
Barry B. Anderson
(For Douglas Holtz-Eakin, Director).
Enclosure.
H.R. 1416--Homeland Security Technical Corrections Act of 2003
H.R. 1416 would make technical and clerical amendments to
the Homeland Security Act of 2002 and confirming amendments to
immigration laws. The bill also would direct that any reports
or notifications required to be submitted to the Congress under
that act also be submitted to the House Select Committee on
Homeland Security. Finally, the bill would clarify that nothing
in the 2002 act would confer any military authority on the
Secretary of Homeland Security or limit such authority
(including that over activities of the U.S. Coast Guard) of the
Secretary of Defense.
CBO estimates that enacting H.R. 1416 would have no
significant effect on the federal budget because it would not
authorize any significant new activities for the Department of
Homeland Security. Enacting the bill would not affect revenues
or direct spending.
H.R. 1416 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Deborah Reis.
The estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
Federal Mandates Statement
The Select Committee adopts as its own the estimate of
Federal mandates prepared by the Director of the Congressional
Budget Office pursuant to section 423 of the Unfunded Mandates
Reform Act.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of House rule XIII, the Select
Committee finds that the Constitutional authority for this
legislation is provided by Article I, section 8, clause 1
(relating to the defense and general welfare of the United
States).
Applicability to Legislative Branch
The Select Committee finds that the legislation does not
relate to the terms and conditions of employment or access to
public services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1--Short Title.
Section 2--Amends section 212(3) of the Homeland Security
Act of 2002 by striking ``systems--'' and inserting ``systems
insofar as such information pertains to--'' in lieu thereof.
Section 3--Amends section 428(a) of the Homeland Security
Act of 2002 by striking ``subsection'' and inserting
``section'' in lieu thereof, and by striking ``office'' and
inserting ``officer'' in lieu thereof.
Section 4--Amends the preamble of Section 502 of the
Homeland Security Act of 2002 by striking ``shall include'' and
inserting ``shall be responsible for'' in lieu thereof.
Section 5--Amends section 876 of the Homeland Security Act
of 2002 by clarifying the roles of the Secretary of Homeland
Security and the Secretary of Defense with respect to the Coast
Guard.
Section 6--Amends 44 U.S.C. 3535(b)(1), as amended by
section 1001 of the Homeland Security Act of 2002, by inserting
``or any other law'' after ``the Inspector General Act of
1978.''.
Section 7--Makes technical and conforming amendments to
section 1102 of the Homeland Security Act of 2002 relating to
sections 103 and 287(g) of the Immigration and Nationality Act.
Section 8--Amends section 1502(d) of the Homeland Security
Act of 2002 by striking ``subsection (d)'' each place it
appears and inserting ``subsection (c)'' in lieu thereof.
Section 9--Amends section 1204 of the Homeland Security Act
of 2002 by redesignating certain paragraphs, striking ``the
Secretary'' and inserting ``the Secretary of Transportation''
in lieu thereof, and striking ``the Department'' and inserting
``the Department of Transportation'' in lieu thereof.
Section 10--Amends section 1405(a) of the Homeland Security
Act of 2002 by striking ``section 6 of this Act'' and inserting
``section 1406 of this Act'' in lieu thereof.
Section 11--Amends the Homeland Security Act of 2002 by
adding a section requiring that the Select Committee on
Homeland Security to be added to all congressional reporting
requirements set forth in the Act.
Section 12--Amends section 225(d)(2) of the Homeland
Security Act of 2002 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)),''.
Section 13--States that these amendments shall take effect
as if included in the enactment of the Homeland Security Act of
2002.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
HOMELAND SECURITY ACT OF 2002
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) * * *
(b) Table of Contents.--The table of contents for this Act is
as follows:
Sec. 1. Short title; table of contents.
* * * * * * *
TITLE XI--DEPARTMENT OF JUSTICE DIVISIONS
Subtitle A--Executive Office for Immigration Review
Sec. 1101. Legal status of EOIR.
* * * * * * *
Sec. 1104. Effective date.
* * * * * * *
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.
* * * * * * *
TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION
* * * * * * *
Subtitle B--Critical Infrastructure Information
* * * * * * *
SEC. 212. DEFINITIONS.
In this subtitle:
(1) * * *
* * * * * * *
(3) Critical infrastructure information.--The term
``critical infrastructure information'' means
information not customarily in the public domain and
related to the security of critical infrastructure or
protected [systems--] systems insofar as such
information pertains to--
(A) * * *
* * * * * * *
Subtitle C--Information Security
* * * * * * *
SEC. 225. CYBER SECURITY ENHANCEMENT ACT OF 2002.
(a) * * *
* * * * * * *
(d) Emergency Disclosure Exception.--
(1) * * *
(2) Reporting of disclosures.--A government entity
that receives a disclosure under section [2702(b) of
title 18, United States Code,] 2702(b)(7) of title 18,
United States Code (as added by paragraph (1)(D)),
shall file, not later than 90 days after such
disclosure, a report to the Attorney General stating
the paragraph of that section under which the
disclosure was made, the date of the disclosure, the
entity to which the disclosure was made, the number of
customers or subscribers to whom the information
disclosed pertained, and the number of communications,
if any, that were disclosed. The Attorney General shall
publish all such reports into a single report to be
submitted to Congress 1 year after the date of
enactment of this Act.
* * * * * * *
TITLE IV--DIRECTORATE OF BORDER AND TRANSPORTATION SECURITY
* * * * * * *
Subtitle C--Miscellaneous Provisions
* * * * * * *
SEC. 428. VISA ISSUANCE.
(a) Definition.--In this [subsection,] section, the term
``consular [office] officer'' has the meaning given that term
under section 101(a)(9) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(9)).
* * * * * * *
TITLE V--EMERGENCY PREPAREDNESS AND RESPONSE
* * * * * * *
SEC. 502. RESPONSIBILITIES.
The Secretary, acting through the Under Secretary for
Emergency Preparedness and Response, [shall include--] shall be
responsible for--
(1) * * *
* * * * * * *
TITLE VIII--COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL;
UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS
* * * * * * *
Subtitle H--Miscellaneous Provisions
* * * * * * *
[SEC. 876. MILITARY ACTIVITIES.
[Nothing in this Act shall confer upon the Secretary any
authority to engage in warfighting, the military defense of the
United States, or other military activities, nor shall anything
in this Act limit the existing authority of the Department of
Defense or the Armed Forces to engage in warfighting, the
military defense of the United States, or other military
activities.]
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.
* * * * * * *
TITLE XI--DEPARTMENT OF JUSTICE DIVISIONS
Subtitle A--Executive Office for Immigration Review
* * * * * * *
SEC. 1102. AUTHORITIES OF THE ATTORNEY GENERAL.
Section 103 of the Immigration and Nationality Act (8 U.S.C.
1103) [as amended by this Act, is further amended by--] is
amended--
[(1) amending the heading to read as follows:
[``POWERS AND DUTIES OF THE SECRETARY, THE UNDER SECRETARY, AND THE
ATTORNEY GENERAL'';]
(1) by amending the section heading to read as
follows:
``POWERS AND DUTIES OF THE SECRETARY OF HOMELAND SECURITY AND THE
ATTORNEY GENERAL''
(2) in subsection (a)--
(A) * * *
* * * * * * *
[(D) by redesignating paragraphs (8), (9),
(8) (as added by section 372 of Public Law 104-
208), and (9) (as added by section 372 of
Public Law 104-208) as paragraphs (8), (9),
(10), and (11), respectively; and]
(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
(3) by adding at the end the following new
subsection:
``(g) Attorney General.--
``(1) In general.--The Attorney General shall have
such authorities and functions under this Act and all
other laws relating to the immigration and
naturalization of aliens as were exercised by the
Executive Office for Immigration Review, or by the
Attorney General with respect to the Executive Office
for Immigration Review, on the day before the effective
date of the [Immigration Reform, Accountability and
Security Enhancement Act of 2002.] the Homeland
Security Act of 2002.
``(2) Powers.--The Attorney General shall establish
such regulations, prescribe such forms of bond,
reports, entries, and other papers, issue such
instructions, review such administrative determinations
in immigration proceedings, delegate such authority,
and perform such other acts as the Attorney General
determines to be necessary for carrying out [this
section] this subsection.
* * * * * * *
TITLE XII--AIRLINE WAR RISK INSURANCE LEGISLATION
* * * * * * *
SEC. 1204. REPORT.
Not later than 90 days after the date of enactment of this
Act, the [Secretary] Secretary of Transportation shall transmit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that--
[(A)] (1) evaluates the availability and cost of
commercial war risk insurance for air carriers and
other aviation entities for passengers and third
parties;
[(B)] (2) analyzes the economic effect upon air
carriers and other aviation entities of available
commercial war risk insurance; and
[(C)] (3) describes the manner in which the
[Department] Department of Transportation could provide
an alternative means of providing aviation war risk
reinsurance covering passengers, crew, and third
parties through use of a risk-retention group or by
other means.
* * * * * * *
TITLE XIV--ARMING PILOTS AGAINST TERRORISM
* * * * * * *
SEC. 1405. AUTHORITY TO ARM FLIGHT DECK CREW WITH LESS-THAN-LETHAL
WEAPONS.
(a) In General.--Section 44903(i) of title 49, United States
Code (as redesignated by [section 6 of this Act] section 1406
of this Act) is amended by adding at the end the following:
``(3) Request of air carriers to use less-than-lethal
weapons.--If, after the date of enactment of this
paragraph, the Under Secretary receives a request from
an air carrier for authorization to allow pilots of the
air carrier to carry less-than-lethal weapons, the
Under Secretary shall respond to that request within 90
days.''.
* * * * * * *
TITLE XV--TRANSITION
Subtitle A--Reorganization Plan
* * * * * * *
SEC. 1502. REORGANIZATION PLAN.
(a) * * *
* * * * * * *
(d) Effective Date.--
(1) In general.--The reorganization plan described in
this section, including any modifications or revisions
of the plan under [subsection (d)] subsection (c),
shall become effective for an agency on the earlier
of--
(A) the date specified in the plan (or the
plan as modified pursuant to [subsection (d)]
subsection (c)), except that such date may not
be earlier than 90 days after the date the
President has transmitted the reorganization
plan to the appropriate congressional
committees pursuant to subsection (a); or
* * * * * * *
----------
SECTION 3535 OF TITLE 44, UNITED STATES CODE
Sec. 3535. Annual independent evaluation
(a) * * *
(b) Subject to subsection (c)--
(1) for each agency with an Inspector General
appointed under the Inspector General Act of 1978 or
any other law, the annual evaluation required by this
section shall be performed by the Inspector General or
by an independent external auditor, as determined by
the Inspector General of the agency; and
* * * * * * *
----------
IMMIGRATION AND NATIONALITY ACT
* * * * * * *
TABLE OF CONTENTS
Title I--General
Sec. 101. Definitions.
* * * * * * *
[Sec. 103. Powers and duties of the Attorney General and the
Commissioner.]
Sec. 103. Powers and duties of the Secretary of Homeland Security and
the Attorney General.
* * * * * * *
TITLE I--GENERAL
* * * * * * *
POWERS AND DUTIES OF THE SECRETARY, THE UNDER SECRETARY, AND THE
ATTORNEY GENERAL
Sec. 103. (a)(1) * * *
(2) [He] The Secretary of Homeland Security shall have
control, direction, and supervision of all employees and of all
the files and records [of the Service.] 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.
(3) [He] The Secretary of Homeland Security shall establish
such regulations; prescribe such forms of bond, reports,
entries, and other papers; issue such instructions; and perform
such other acts as [he deems] the Secretary deems necessary for
carrying out [his authority] the Secretary's authority under
the provisions of this Act.
(4) [He] Except as otherwise provided by law, the Secretary
of Homeland Security may require or authorize any employee of
[the Service or the Department of Justice] the Department of
Homeland Security to perform or exercise any of the powers,
privileges, or duties conferred or imposed by this Act or
regulations issued thereunder upon any other [employee of the
Service.] employee of the Department.
(5) [He] Except as otherwise provided by law, the Secretary
of Homeland Security shall have the power and duty to control
and guard the boundaries and borders of the United States
against the illegal entry of aliens and shall, [in his
discretion,] in the Secretary's discretion, appoint for that
purpose [such number of employees of the Service as to him
shall appear necessary and proper.] such number of employees of
the Department of Homeland Security as shall appear necessary
and proper to the Secretary.
(6) [He] The Secretary of Homeland Security is authorized to
confer or impose upon any employee of the United States, with
the consent of the head of the Department or other independent
establishment under whose jurisdiction the employee is serving,
any of the powers, privileges, or duties conferred or imposed
by this Act or regulations issued thereunder upon officers or
employees [of the Service.] of the Department of Homeland
Security.
(7) [He] The Secretary of Homeland Security may, with the
concurrence of the Secretary of State, establish offices [of
the Service] of the Department of Homeland Security in foreign
countries; and, after consultation with the Secretary of State,
[he may,] the Secretary of Homeland Security may, whenever [in
his judgment] in the Secretary's judgment such action may be
necessary to accomplish the purposes of this Act, detail
employees [of the Service] of the Department of Homeland
Security for duty in foreign countries.
(8) After consultation with the Secretary of State, the
[Attorney General] Secretary of Homeland Security may authorize
officers of a foreign country to be stationed at preclearance
facilities in the United States for the purpose of ensuring
that persons traveling from or through the United States to
that foreign country comply with that country's immigration and
related laws.
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(10) In the event the [Attorney General] Secretary of
Homeland Security determines that an actual or imminent mass
influx of aliens arriving off the coast of the United States,
or near a land border, presents urgent circumstances requiring
an immediate Federal response, the [Attorney General] Secretary
of Homeland Security may authorize any State or local law
enforcement officer, with the consent of the head of the
department, agency, or establishment under whose jurisdiction
the individual is serving, to perform or exercise any of the
powers, privileges, or duties conferred or imposed by this Act
or regulations issued thereunder upon officers or employees [of
the Service.] of the Department.
(11) The [Attorney General] Secretary of Homeland Security,
in support of persons in administrative detention in non-
Federal institutions, is authorized--
(A) to make payments from funds appropriated for the
administration and enforcement of the laws relating to
immigration, naturalization, and alien registration for
necessary clothing, medical care, necessary guard hire,
and the housing, care, and security of persons detained
[by the Service] by the Department pursuant to Federal
law under an agreement with a State or political
subdivision of a State; and
(B) to enter into a cooperative agreement with any
State, territory, or political subdivision thereof, for
the necessary construction, physical renovation,
acquisition of equipment, supplies or materials
required to establish acceptable conditions of
confinement and detention services in any State or unit
of local government which agrees to provide guaranteed
bed space for persons detained [by the Service] by the
Department.
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(b)(1) The [Attorney General] Secretary of Homeland Security
may contract for or buy any interest in land, including
temporary use rights, adjacent to or in the vicinity of an
international land border when the [Attorney General] Secretary
of Homeland Security deems the land essential to control and
guard the boundaries and borders of the United States against
any violation of this Act.
(2) The [Attorney General] Secretary of Homeland Security may
contract for or buy any interest in land identified pursuant to
paragraph (1) as soon as the lawful owner of that interest
fixes a price for it and the [Attorney General] Secretary of
Homeland Security considers that price to be reasonable.
(3) When the [Attorney General] Secretary of Homeland
Security and the lawful owner of an interest identified
pursuant to paragraph (1) are unable to agree upon a reasonable
price, the [Attorney General] Secretary of Homeland Security
may commence condemnation proceedings pursuant to the Act of
August 1, 1888 (Chapter 728; 25 Stat. 357).
(4) The [Attorney General] Secretary of Homeland Security may
accept for the United States a gift of any interest in land
identified pursuant to paragraph (1).
[(c) The Commissioner shall be a citizen of the United States
and shall be appointed by the President, by and with the advice
and consent of the Senate. He shall be charged with any and all
responsibilities and authority in the administration of the
Service and of this Act which are conferred upon the Attorney
General as may be delegated to him by the Attorney General or
which may be prescribed by the Attorney General. The
Commissioner may enter into cooperative agreements with State
and local law enforcement agencies for the purpose of assisting
in the enforcement of the immigration laws.]
(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)(1) [The Commissioner,] The Secretary of Homeland
Security, in consultation with interested academicians,
government agencies, and other parties, shall provide for a
system for collection and dissemination, to Congress and the
public, of information (not in individually identifiable form)
useful in evaluating the social, economic, environmental, and
demographic impact of immigration laws.
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(e)(1) [The Commissioner] The Secretary of Homeland Security
shall submit to Congress annually a report which contains a
summary of the information collected under subsection (d) and
an analysis of trends in immigration and naturalization.
(2) Each annual report shall include information on the
number, and rate of denial administratively, of applications
for naturalization, for each [district office of the Service]
field office of the Department of Homeland Security and by
national origin group.
(f) The [Attorney General] Secretary of Homeland Security
shall allocate to each State not fewer than 10 full-time active
duty agents [of the Immigration and Naturalization Service] of
the Directorate of Border and Transportation Security of the
Department of Homeland Security to carry out [the functions of
the Service,] the functions of the Directorate, in order to
ensure the effective enforcement of this Act.
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TITLE II--IMMIGRATION
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Chapter 9--Miscellaneous
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powers of immigration officers and employees
Sec. 287. (a) * * *
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(g)(1) Notwithstanding section 1342 of title 31, United
States Code, the [Attorney General] Secretary of Homeland
Security may enter into a written agreement with a State, or
any political subdivision of a State, pursuant to which an
officer or employee of the State or subdivision, who is
determined by the [Attorney General] Secretary of Homeland
Security to be qualified to perform a function of an
immigration officer in relation to the investigation,
apprehension, or detention of aliens in the United States
(including the transportation of such aliens across State lines
to detention centers), may carry out such function at the
expense of the State or political subdivision and to the extent
consistent with State and local law.
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(3) In performing a function under this subsection, an
officer or employee of a State or political subdivision of a
State shall be subject to the direction and supervision of the
[Attorney General] Secretary of Homeland Security.
(4) In performing a function under this subsection, an
officer or employee of a State or political subdivision of a
State may use Federal property or facilities, as provided in a
written agreement between the [Attorney General] Secretary of
Homeland Security and the State or subdivision.
(5) With respect to each officer or employee of a State or
political subdivision who is authorized to perform a function
under this subsection, the specific powers and duties that may
be, or are required to be, exercised or performed by the
individual, the duration of the authority of the individual,
and the position of the agency of the [Attorney General]
Secretary of Homeland Security who is required to supervise and
direct the individual, shall be set forth in a written
agreement between the [Attorney General] Secretary of Homeland
Security and the State or political subdivision.
(6) The [Attorney General] Secretary of Homeland Security may
not accept a service under this subsection if the service will
be used to displace any Federal employee.
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(9) Nothing in this subsection shall be construed to require
any State or political subdivision of a State to enter into an
agreement with the [Attorney General] Secretary of Homeland
Security under this subsection.
(10) Nothing in this subsection shall be construed to require
an agreement under this subsection in order for any officer or
employee of a State or political subdivision of a State--
(A) to communicate with the [Attorney General]
Secretary of Homeland Security regarding the
immigration status of any individual, including
reporting knowledge that a particular alien is not
lawfully present in the United States; or
(B) otherwise to cooperate with the [Attorney
General] Secretary of Homeland Security in the
identification, apprehension, detention, or removal of
aliens not lawfully present in the United States.
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