[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.''.

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                          TITLE XV--TRANSITION

Subtitle A--Reorganization Plan

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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

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                              ----------                              


              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

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                              ----------                              


IMMIGRATION AND NATIONALITY ACT

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                            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

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   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.

           *       *       *       *       *       *       *

  (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.

           *       *       *       *       *       *       *

  (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.

           *       *       *       *       *       *       *

  (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

           *       *       *       *       *       *       *


Chapter 9--Miscellaneous

           *       *       *       *       *       *       *


              powers of immigration officers and employees

  Sec. 287. (a)  * * *

           *       *       *       *       *       *       *

  (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.

           *       *       *       *       *       *       *

  (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.

           *       *       *       *       *       *       *

  (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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