II 

Calendar No. 420

108TH CONGRESS 

1ST SESSION H. R. 1416

[Report No. 108–214] 

IN THE SENATE OF THE UNITED STATES 

JUNE 25, 2003

Received; read twice and referred to the Committee on Governmental Affairs 

NOVEMBER 25, 2003

Reported by Ms. COLLINS, with amendments 

[Omit the part struck through and insert the part printed in italic] 

AN ACT

To make technical corrections to the Homeland Security 

Act of 2002.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Homeland Security 

5 Technical Corrections Act of 2003’’.
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1 SEC. 2. TECHNICAL CORRECTIONS RELATING TO CRITICAL 

2 INFRASTRUCTURE INFORMATION. 

3 Section 212(3) of the Homeland Security Act of 2002 

4 (Public Law 107–296; 6 U.S.C. 131(3)) is amended by 

5 striking ‘‘systems—’’ and inserting ‘‘systems insofar as 

6 such information pertains to—’’.

7 SEC. 3. VISA ISSUANCE. 

8 Section 428(a) of the Homeland Security Act of 2002 

9 (Public Law 107–296; 6 U.S.C. 236(a)) is amended—

10 (1) by striking ‘‘subsection,’’ and inserting 

11 ‘‘section,’’; and 

12 (2) by striking ‘‘office’’ and inserting ‘‘officer’’. 

13 SEC. 4. RESPONSIBILITIES OF UNDER SECRETARY FOR 

14 EMERGENCY PREPAREDNESS AND RE15 SPONSE. 

16 Section 502 of the Homeland Security Act of 2002 

17 (Public Law 107–296; 6 U.S.C. 312) is amended by strik18 ing ‘‘shall include—’’ and inserting ‘‘shall be responsible 

19 for—’’. 

20 SEC. 5. MILITARY ACTIVITIES OF THE COAST GUARD. 

21 Section 876 of the Homeland Security Act of 2002 

22 (Public Law 107–296; 6 U.S.C. 456) is amended to read 

23 as follows: 

24 ‘‘SEC. 876. MILITARY ACTIVITIES. 

25 ‘‘Nothing in this Act confers on the Secretary any 

26 authority over warfighting, the military defense of the 
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1 United States, or other military activities that are author2 ized to be directed by the Secretary of Defense. This Act 

3 shall not be construed to limit the existing authority of 

4 the Secretary of Defense over warfighting, the military de5 fense of the United States, or other military activities, in6 cluding such activities of the Coast Guard when it is oper7 ating as a service in the Navy under section 3 of title 14, 

8 United States Code.’’. 

9 SEC. 6. ANNUAL INDEPENDENT EVALUATION OF INFORMA10 TION SECURITY PROGRAM AND PRACTICES 

11 OF AGENCIES. 

12 Section 3535(b)(1) of title 44, United States Code, 

13 is amended by inserting ‘‘or any other law’’ after ‘‘the In14 spector General Act of 1978’’.

15 SEC. 7. IMMIGRATION-RELATED POWERS AND DUTIES OF 

16 THE SECRETARY AND THE ATTORNEY GEN17 ERAL. 

18 (a) IN GENERAL.—Section 1102 of the Homeland 

19 Security Act of 2002 (Public Law 107–296; 116 Stat. 

20 2273) is amended—

21 (1) in the matter preceding paragraph (1), by 

22 striking ‘‘as amended by this Act, is further amend23 ed by—’’ and inserting ‘‘is amended—’’; 

24 (2) by amending paragraph (1) to read as fol25 lows: 
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1 ‘‘(1) by amending the section heading to read 

2 as follows: 

3 ‘‘‘ ‘‘ ‘POWERS AND DUTIES OF THE SECRETARY OF

4 HOMELAND SECURITY AND THE ATTORNEY GENERAL’ ’’; 

5 (3) by amending paragraph (2)(D) to read as 

6 follows: 

7 ‘‘(D) by redesignating the paragraph (8) 

8 added by section 372(3) of the Illegal Immigra9 tion Reform and Immigrant Responsibility Act 

10 of 1996, and the paragraph (9) added by sec11 tion 373 of such Act, as paragraphs (10) and 

12 (11), respectively; and’’; and 

13 (4) in the matter added by paragraph (3)—

14 (A) by striking ‘‘the Immigration Reform, 

15 Accountability and Security Enhancement Act 

16 of 2002.’’ and inserting ‘‘the Homeland Secu17 rity Act of 2002.’’; and 

18 (B) by striking ‘‘this section’’ and insert19 ing ‘‘this subsection’’. 

20 (b) CONFORMING AMENDMENTS TO IMMIGRATION

21 AND NATIONALITY ACT.—

22 (1) SECTION 103.—Section 103 of the Immigra23 tion and Nationality Act (8 U.S.C. 1103) is amend24 ed—

25 (A) in subsection (a)—

26 (i) in paragraph (2)—
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1 (I) by striking ‘‘He’’ and insert2 ing ‘‘The Secretary of Homeland Se3 curity’’; and 

4 (II) by striking ‘‘of the Service.’’ 

5 and inserting ‘‘of the Department of 

6 Homeland Security relating to the 

7 powers, functions, and duties con8 ferred upon the Secretary by this Act 

9 and all other laws relating to the im10 migration and naturalization of 

11 aliens.’’; 

12 (ii) in paragraph (3)—

13 (I) by striking ‘‘He’’ and insert14 ing ‘‘The Secretary of Homeland Se15 curity’’; 

16 (II) by striking ‘‘he deems’’ and 

17 inserting ‘‘the Secretary deems’’; and 

18 (III) by striking ‘‘his authority’’ 

19 and inserting ‘‘the Secretary’s author20 ity’’; 

21 (iii) in paragraph (4)—

22 (I) by striking ‘‘He’’ and insert23 ing ‘‘Except as otherwise provided by 

24 law, the Secretary of Homeland Secu25 rity’’; 
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1 (II) by striking ‘‘the Service or 

2 the Department of Justice’’ and in3 serting ‘‘the Department of Homeland 

4 Security’’; and 

5 (III) by striking ‘‘employee of the 

6 Service.’’ and inserting ‘‘employee of 

7 the Department.’’; 

8 (iv) in paragraph (5)—

9 (I) by striking ‘‘He’’ and insert10 ing ‘‘Except as otherwise provided by 

11 law, the Secretary of Homeland Secu12 rity’’; 

13 (II) by striking ‘‘in his discre14 tion,’’ and inserting ‘‘in the Sec15 retary’s discretion,’’; and 

16 (III) by striking ‘‘such number of 

17 employees of the Service as to him 

18 shall appear necessary and proper.’’ 

19 and inserting ‘‘such number of em20 ployees of the Department of Home21 land Security as shall appear nec22 essary and proper to the Secretary.’’; 

23 (v) in paragraph (6)—
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1 (I) by striking ‘‘He’’ and insert2 ing ‘‘The Secretary of Homeland Se3 curity’’; and 

4 (II) by striking ‘‘of the Service.’’ 

5 and inserting ‘‘of the Department of 

6 Homeland Security.’’; 

7 (vi) in paragraph (7)—

8 (I) by striking ‘‘He’’ and insert9 ing ‘‘The Secretary of Homeland Se10 curity’’; 

11 (II) by striking ‘‘of the Service’’ 

12 each place such term appears and in13 serting ‘‘of the Department of Home14 land Security’’; 

15 (III) by striking ‘‘he may,’’ and 

16 inserting ‘‘the Secretary of Homeland 

17 Security may,’’; and 

18 (IV) by striking ‘‘in his judg19 ment’’ and inserting ‘‘in the Sec20 retary’s judgment’’; 

21 (vii) in paragraph (8), by striking 

22 ‘‘Attorney General’’ and inserting ‘‘Sec23 retary of Homeland Security’’; 
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1 (viii) in paragraph (10) (as redesig2 nated by section 1102 of the Homeland 

3 Security Act of 2002)—

4 (I) by striking ‘‘Attorney Gen5 eral’’ each place such term appears 

6 and inserting ‘‘Secretary of Homeland 

7 Security’’; and 

8 (II) by striking ‘‘of the Service.’’ 

9 and inserting ‘‘of the Department.’’; 

10 and 

11 (ix) in paragraph (11) (as so redesig12 nated)—

13 (I) by striking ‘‘Attorney Gen14 eral’’ and inserting ‘‘Secretary of 

15 Homeland Security’’; and 

16 (II) by striking ‘‘by the Service’’ 

17 each place such term appears and in18 serting ‘‘by the Department’’; 

19 (B) in subsection (b), by striking ‘‘Attor20 ney General’’ each place such term appears and 

21 inserting ‘‘Secretary of Homeland Security’’; 

22 (C) by amending subsection (c) to read as 

23 follows: 

24 ‘‘(c) The Secretary of Homeland Security may enter 

25 into cooperative agreements with State and local law en-
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1 forcement agencies for the purpose of assisting in the en2 forcement of the immigration laws.’’; 

3 (D) in subsection (d), by striking ‘‘The 

4 Commissioner,’’ and inserting ‘‘The Secretary 

5 of Homeland Security,’’; 

6 (E) in subsection (e)—

7 (i) by striking ‘‘The Commissioner’’ 

8 and inserting ‘‘The Secretary of Homeland 

9 Security’’; and 

10 (ii) by striking ‘‘district office of the 

11 Service’’ and inserting ‘‘field office of the 

12 Department of Homeland Security’’; and 

13 (F) in subsection (f)—

14 (i) by striking ‘‘Attorney General’’ 

15 and inserting ‘‘Secretary of Homeland Se16 curity’’; 

17 (ii) by striking ‘‘of the Immigration 

18 and Naturalization Service’’ and inserting 

19 ‘‘of the Directorate of Border and Trans20 portation Security of the Department of 

21 Homeland Security’’; and 

22 (iii) by striking ‘‘the functions of the 

23 Service,’’ and inserting ‘‘the functions of 

24 the Directorate,’’.
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1 (2) SECTION 287(g).—Section 287(g) of the Im2 migration and Nationality Act (8 U.S.C. 1357(g)) is 

3 amended by striking ‘‘Attorney General’’ each place 

4 such term appears and inserting ‘‘Secretary of 

5 Homeland Security’’. 

6 (c) CLERICAL AMENDMENTS.—

7 (1) HOMELAND SECURITY ACT.—The table of 

8 contents in section 1(b) of the Homeland Security 

9 Act of 2002 (Public Law 107-296; 116 Stat. 2135) 

10 is amended by inserting after the item relating to 

11 section 1103 the following:

‘‘Sec. 1104. Effective date.’’.

12 (2) IMMIGRATION AND NATIONALITY ACT.—The 

13 table of contents of the Immigration and Nationality 

14 Act is amended by amending the item relating to 

15 section 103 to read as follows:

‘‘Sec. 103. Powers and duties of the Secretary of Homeland Security and the 

Attorney General.’’.

16 (d) CONSTRUCTION.—The amendments made by this 

17 section shall not be construed to repeal, or limit the appli18 cability of, section 456, 462(e), 1512(d), or 1517 of the 

19 Homeland Security Act of 2002, or any other similar pro20 vision pertaining to the treatment of references in law, 

21 with respect to any provision of law that is not amended 

22 by this section.
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1 SEC. 8. EFFECTIVE DATE OF MODIFICATIONS TO REORGA2 NIZATION PLAN. 

3 Section 1502(d) of the Homeland Security Act of 

4 2002 (Public Law 107–296; 6 U.S.C. 542(d)) is amended 

5 by striking ‘‘subsection (d)’’ each place it appears and in6 serting ‘‘subsection (c)’’. 

7 SEC. 9. REPORT ON WAR RISK INSURANCE FOR AIR CAR8 RIERS. 

9 Section 1204 of the Homeland Security Act of 2002 

10 (116 Stat. 2287) is amended—

11 (1) by redesignating subparagraphs (A) through 

12 (C) as paragraphs (1) through (3), respectively, and 

13 by moving the text of such paragraphs 2 ems to the 

14 left; 

15 (2) in the matter preceding paragraph (1) (as 

16 so redesignated) by striking ‘‘Secretary’’ and insert17 ing ‘‘Secretary of Transportation’’; and 

18 (3) in paragraph (3) (as so redesignated) by 

19 striking ‘‘Department’’ and inserting ‘‘Department 

20 of Transportation’’. 

21 SEC. 10. AUTHORITY TO ARM FLIGHT DECK CREW WITH 

22 LESS-THAN-LETHAL WEAPONS. 

23 Section 1405(a) of the Homeland Security Act of 

24 2002 (116 Stat. 2307) is amended by striking ‘‘section 

25 6 of this Act’’ and inserting ‘‘section 1406 of this Act’’.
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1 SEC. 11. REQUIREMENT TO SUBMIT REPORTS AND NOTIFI2 CATIONS TO SELECT COMMITTEE.

3 SEC. 11. REQUIREMENT TO SUBMIT REPORTS AND NOTIFI4 CATIONS TO SPECIFIC CONGRESSIONAL COM5 MITTEES.

6 (a) REQUIREMENT.—The Homeland Security Act of 

7 2002 (Public Law 107–296) is amended by inserting after 

8 section 4 the following:

9 ‘‘SEC. 5. REQUIREMENT TO SUBMIT REPORTS AND NOTIFI10 CATIONS TO SELECT COMMITTEE ON HOME11 LAND SECURITY.

12 ‘‘SEC. 5. REQUIREMENT TO SUBMIT REPORTS AND NOTIFI13 CATIONS TO COMMITTEE ON GOVERNMENTAL 

14 AFFAIRS OF THE SENATE AND SELECT COM15 MITTEE ON HOMELAND SECURITY.

16 ‘‘In any case in which a report or notification is re17 quired by this Act or an amendment made by this Act 

18 to be submitted to the Congress or to a Committee com19 mittee of the Congress, such report shall also be submitted 

20 to the Committee on Governmental Affairs of the Senate 

21 and the Select Committee on Homeland Security of the 

22 House of Representatives.’’. 

23 (b) CLERICAL AMENDMENT.—The table of contents 

24 in section 1(b) of the Homeland Security Act of 2002 

25 (Public Law 107–296) is amended by inserting after the 

26 item relating to section 4 the following:
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‘‘Sec. 5. Requirement to submit reports and notifications to Select Committee 

on Homeland Security.’’.

‘‘Sec. 5. Requirement to submit reports and notifications to Committee on Governmental Affairs of the Senate and Select Committee on Homeland 

Security.’’.

1 SEC. 12. CLARIFICATION OF REPORTING REQUIREMENT 

2 CONCERNING ELECTRONIC COMMUNICA3 TIONS PRIVACY ACT EMERGENCY DISCLO4 SURE EXCEPTION. 

5 Section 225(d)(2) of the Homeland Security Act of 

6 2002 (Public Law 107–296; 116 Stat. 2157) is amended 

7 by striking ‘‘2702(b) of title 18, United States Code,’’ and 

8 inserting ‘‘2702(b)(7) of title 18, United States Code (as 

9 added by paragraph (1)(D)),’’.

10 SEC. 13. EFFECTIVE DATE. 

11 The amendments made by this Act shall take effect 

12 as if included in the enactment of the Homeland Security 

13 Act of 2002 (Public Law 107–296).
Calendar No. 420

108TH CONGRESS 

1ST SESSION H. R. 1416

[Report No. 108–214] 

AN ACT

To make technical corrections to the Homeland 

Security Act of 2002. 

NOVEMBER 25, 2003

Reported with amendments