[Senate Report 108-214]
[From the U.S. Government Publishing Office]
108th Congress
1st Session SENATE Report
108-214
_______________________________________________________________________
Calendar No. 420
HOMELAND SECURITY TECHNICAL
CORRECTIONS ACT OF 2003
__________
R E P O R T
of the
COMMITTEE ON GOVERNMENTAL AFFAIRS
UNITED STATES SENATE
to accompany
H.R. 1416
TO MAKE TECHNICAL CORRECTIONS TO THE HOMELAND SECURITY ACT OF 2002
together with
ADDITIONAL VIEWS
November 25, 2003.--Ordered to be printed
COMMITTEE ON GOVERNMENTAL AFFAIRS
SUSAN M. COLLINS, Maine, Chairman
TED STEVENS, Alaska JOSEPH I. LIEBERMAN, Connecticut
GEORGE V. VOINOVICH, Ohio CARL LEVIN, Michigan
NORM COLEMAN, Minnesota DANIEL K. AKAKA, Hawaii
ARLEN SPECTER, Pennsylvania RICHARD J. DURBIN, Illinois
ROBERT F. BENNETT, Utah THOMAS R. CARPER, Delaware
PETER G. FITZGERALD, Illinois MARK DAYTON, Mississippi
JOHN E. SUNUNU, New Hampshire FRANK LAUTENBERG, New Jersey
RICHARD C. SHELBY, Alabama MARK PRYOR, Arkansas
Michael D. Bopp, Staff Director and Chief Counsel
Rob Owen, Counsel
Joyce A. Rechtschaffen, Minority Staff Director and Counsel
Holly A. Idelson, Minority Counsel
Amy B. Newhouse, Chief Clerk
Calendar No. 420
108th Congress Report
SENATE
1st Session 108-214
======================================================================
HOMELAND SECURITY TECHNICAL CORRECTIONS ACT OF 2003
_______
November 25, 2003.--Ordered to be printed
_______
Ms. Collins, from the Committee on Governmental Affairs, submitted the
following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 1416]
The Committee on Governmental Affairs, to whom was referred
the bill (H.R. 1416) to make technical corrections to the
Homeland Security Act of 2002, having considered the same
reports favorably thereon with amendments and recommends that
the bill as amended do pass.
CONTENTS
Page
I. Purpose and Summary..............................................1
II. Background.......................................................2
III. Legislative History..............................................2
IV. Section-by-Section Analysis......................................2
V. Estimated Cost of Legislation....................................4
VI. Evaluation of Regulatory Impact..................................5
VII. Additional Views.................................................6
VIII.Changes in Existing Law..........................................7
I. Purpose and Summary
H.R. 1416 makes technical corrections to the Homeland
Security Act of 2002.
II. Background
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 within the United States, reducing
the United States' vulnerability to terrorism and minimizing
the damage and assisting in recovery from any attacks that do
occur, and ensuring that the overall economic security of the
United States is not diminished by efforts, activities, and
programs aimed at securing the homeland.
As is customary with the drafting of lengthy and complex
pieces of legislation, mistakes and omissions are often
discovered after the fact. The Homeland Security Act of 2002
was no different. H.R. 1416 intends to correct these mistakes
and omissions while adhering to the original intent of Congress
at the time the Act was drafted.
III. Legislative History
On March 25, 2003, Representative Chris Cox introduced H.R.
1416, the Homeland Security Technical Corrections Act of 2003,
which was referred to the Select Committee on Homeland
Security.
The House Select Committee on Homeland Security held a
hearing on this legislation on March 28, 2003, and marked-up
the legislation on March 31, 2003. The Committee favorably
reported the legislation, with one amendment in the nature of a
substitute, by voice vote.
The House of Representatives passed the bill by a vote of
415-0 on June 24, 2003. On June 25, 2003, it was received in
the Senate and referred to the Governmental Affairs Committee.
On October 22, 2003, the Senate Governmental Affairs
Committee considered H.R. 1416. During the mark-up, an
amendment was offered by Senators Collins and Lieberman that
would add the Senate Governmental Affairs Committee to the
reporting requirements of Section 11 of H.R. 1416. The
amendment was accepted by voice vote and the bill was reported
by voice vote.
IV. Section-by-Section Analysis
Section 1. Short title
This Act may be cited as the ``Homeland Security Technical
Corrections Act of 2003''.
Section 2. Technical corrections relating to critical infrastructure
information
Amends section 212(3) of the Homeland Security Act of 2002
by striking ``systems--'' and inserting ``systems insofar as
such information pertains to--''.
This additional language is intended to address a
grammatical error within Section 212(3) of the Homeland
Security Act of 2002. This language is not intended to expand
or limit the scope of the definition of ``critical
infrastructure information'' as defined by Section 212(3) or as
used in any other section within the Act.
Section 3. Visa issuance
Amends Section 428(a) of the Homeland Security Act of 2002
by striking ``subsection,'' and inserting ``section,'' and by
striking ``office'' and inserting ``officer''.
Section 4. Responsibilities of Under Secretary for Emergency
Preparedness and Response
Amends Section 502 of the Homeland Security Act of 2002 by
striking ``shall include--'' and inserting ``shall be
responsible
for--''.
Section 5. Military activities of the Coast Guard
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 warfighting, the
military defense of the United States, or other military
activities. This section specifies that the Homeland Security
Act of 2002 does not 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 of the United States
Code.
Section 6. Annual independent evaluation of Information Security
Program and practices of agencies
Amends 44 U.S.C. 3535(b)(1), as amended by Section 1001(b)
of the Homeland Security Act of 2002, by inserting ``or any
other law'' after ``the Inspector General Act of 1978,''.
Section 7. Immigration-related powers and duties of the Secretary and
the Attorney General
Makes technical and conforming changes 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. Effective date of modifications to reorganization plan
Amends Section 1502(d) of the Homeland Security Act of 2002
by striking ``subsection (d)'' each place it appears and
inserting ``subsection (c)''.
Section 9. Report on war risk insurance for air carriers
Amends Section 1204 of the Homeland Security Act of 2002 by
redesignating certain paragraphs, striking ``the Secretary''
and inserting ``the Secretary of Transportation'', and striking
``the Department'' and inserting ``the Department of
Transportation''.
Section 10. Authority to arm flight deck crew with less-than-lethal
weapons
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''.
Section 11. Requirement to submit reports and notifications to Select
Committee
Amends the Homeland Security Act of 2002 by adding a
Section 5 to the Homeland Security Act of 2002 requiring that
the Senate Governmental Affairs Committee and House Select
Committee on Homeland Security be added to all Congressional
reporting requirements set forth in the Act.
Section 12. Clarification of reporting requirement concerning
electronic Communications Privacy Act emergency disclosure
exception
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. Effective date
States that the amendments made by this Act shall take
effect as if included in the enactment of the Homeland Security
Act of 2002.
V. Estimated Cost of Legislation
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 24, 2003.
Hon. Susan M. Collins,
Chairman, Committee on Governmental Affairs,
U.S. Senate, Washington, DC.
Dear Madam 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 Matthew
Pickford.
Sincerely,
Elizabeth M. Robinson
(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 conforming amendments to
immigration laws. The legislation also would direct that any
reports or notifications required to be submitted to the
Congress under that act also be submitted to the Senate
Committee on Governmental Affairs and the House Select
Committee on Homeland Security. Finally, H.R. 1416 would
clarify that nothing in the Homeland Security Act would confer
any military authority on the Secretary of Homeland Security or
limit the authority of the Secretary of Defense.
CBO estimates that implementing H.R. 1416 would have no
significant effect on the federal budget because it would not
authorize any new activities for the Department of Homeland
Security. Enacting the legislation would not affect direct
spending or revenues.
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.
On April 2, 2003, CBO transmitted a cost estimate for H.R.
1416 as ordered reported by the House Select Committee on
Homeland Security. The two versions of the legislation are
similar, and our cost estimates are identical.
The CBO staff contact for this estimate is Matthew
Pickford. The estimate was approved by Peter H. Fontaine,
Deputy Assistant Director for Budget Analysis.
VI. Evaluation of Regulatory Impact
Pursuant to the requirements of paragraph 11(b) of rule
XXVI of the Standing Rules of the Senate, the Committee has
considered the regulatory impact of this bill. CBO states that
there are no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act and no costs on
state, local, or tribal governments. The legislation contains
no other regulatory impact.
VII. Additional Views
----------
ADDITIONAL VIEWS OF SENATORS CARL LEVIN, JOSEPH LIEBERMAN, AND DANIEL
AKAKA
Section 2 of H.R. 1416 seeks to make a technical correction
to section 212(3) of the Homeland Security Act of 2002 in the
definition provided for the term ``critical infrastructure
information.'' The Committee report states that the additional
language inserted into the definition ``is intended to address
a grammatical error'' and ``is not intended to expand or limit
the scope of the definition of `critical infrastructure
information' '' or to expand or limit how that term is ``used
in any other section within the Act.'' This Committee report
language makes it clear that the proposed change is intended to
be truly ``technical'' in nature--to clarify existing law--and
not to make any substantive change in the law, and I concur in
its import.
The significance of the definition of ``critical
infrastructure information'' lies primarily in how this term
affects the scope of the provisions in Section 214 of the
Homeland Security Act. Section 214 limits the ability of the
Homeland Security Department to use or disclose to other
federal and state agencies (and to the public when required by
the Freedom of Information Act) a certain narrow category of
information termed ``critical infrastructure information.'' As
Sections 212(3) and 214 make clear when read together, the
information subject to Section 214's limitations is information
which is not in the public domain, which has been voluntarily
submitted to the Department of Homeland Security for use by the
Department to secure critical infrastructure from actual or
potential attack, and which has been expressly designated by
the submitter as protected information under the law. The
limitations in Section 214 were constructed to apply to only
this narrowly prescribed category of information,which the
proposed technical correction helps to delineate. Again, the
technical correction is not intended to broaden or narrow the
reach of Section 214, but to carry out the original intent of
Congress which is to apply Section 214's limitations to only a
certain category of information described with specificity in
the statute.
Carl Levin.
Joseph Lieberman.
Daniel Akaka.
VII. Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, 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 and 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.
* * * * * * *
Sec. 5. Requirement to submit reports and notifications to Committee on
Governmental Affairs of the Senate and Select Committee on
Homeland Security.
* * * * * * *
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 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 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.
* * * * * * *
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 NONFEDERAL 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 ArmedForces 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.
* * * * * * *
(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 thisAct 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.
* * * * * * *
TITLE II--IMMIGRATION
* * * * * * *
CHAPTER 9--MISCELLANEOUS
* * * * * * *
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.