108TH CONGRESS

1ST SESSION H. R. 1416

AN ACT

To make technical corrections to the Homeland

Security Act of 2002.

108TH CONGRESS

1ST SESSION H. R. 1416

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,
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1 SECTION 1. SHORT TITLE.

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

3 Technical Corrections Act of 2003’’.

4 SEC. 2. TECHNICAL CORRECTIONS RELATING TO CRITICAL

5 INFRASTRUCTURE INFORMATION.

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

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

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

9 such information pertains to—’’.

10 SEC. 3. VISA ISSUANCE.

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

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

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

14 ‘‘section,’’; and

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

16 SEC. 4. RESPONSIBILITIES OF UNDER SECRETARY FOR

17 EMERGENCY PREPAREDNESS AND RE18 SPONSE.

19 Section 502 of the Homeland Security Act of 2002

20 (Public Law 107–296; 6 U.S.C. 312) is amended by strik21 ing ‘‘shall include—’’ and inserting ‘‘shall be responsible

22 for—’’.

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

24 Section 876 of the Homeland Security Act of 2002

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

26 as follows:
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1 ‘‘SEC. 876. MILITARY ACTIVITIES.

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

3 authority over warfighting, the military defense of the

4 United States, or other military activities that are author5 ized to be directed by the Secretary of Defense. This Act

6 shall not be construed to limit the existing authority of

7 the Secretary of Defense over warfighting, the military de8 fense of the United States, or other military activities, in9 cluding such activities of the Coast Guard when it is oper10 ating as a service in the Navy under section 3 of title 14,

11 United States Code.’’.

12 SEC. 6. ANNUAL INDEPENDENT EVALUATION OF INFORMA13 TION SECURITY PROGRAM AND PRACTICES

14 OF AGENCIES.

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

16 is amended by inserting ‘‘or any other law’’ after ‘‘the In17 spector General Act of 1978’’.

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

19 THE SECRETARY AND THE ATTORNEY GEN20 ERAL.

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

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

23 2273) is amended—

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

25 striking ‘‘as amended by this Act, is further amend26 ed by—’’ and inserting ‘‘is amended—’’;
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1 (2) by amending paragraph (1) to read as fol2 lows:

3 ‘‘(1) by amending the section heading to read

4 as follows:

5 ‘‘‘POWERS AND DUTIES OF THE SECRETARY OF

6 HOMELAND SECURITY AND THE ATTORNEY GENERAL’ ’’;

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

8 follows:

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

10 added by section 372(3) of the Illegal Immigra11 tion Reform and Immigrant Responsibility Act

12 of 1996, and the paragraph (9) added by sec13 tion 373 of such Act, as paragraphs (10) and

14 (11), respectively; and’’; and

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

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

17 Accountability and Security Enhancement Act

18 of 2002.’’ and inserting ‘‘the Homeland Secu19 rity Act of 2002.’’; and

20 (B) by striking ‘‘this section’’ and insert21 ing ‘‘this subsection’’.

22 (b) CONFORMING AMENDMENTS TO IMMIGRATION

23 AND NATIONALITY ACT.—

24 (1) SECTION 103.—Section 103 of the Immigra25 tion and Nationality Act (8 U.S.C. 1103) is

26 amended—
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1 (A) in subsection (a)—

2 (i) in paragraph (2)—

3 (I) by striking ‘‘He’’ and insert4 ing ‘‘The Secretary of Homeland Se5 curity’’; and

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

7 and inserting ‘‘of the Department of

8 Homeland Security relating to the

9 powers, functions, and duties con10 ferred upon the Secretary by this Act

11 and all other laws relating to the im12 migration and naturalization of

13 aliens.’’;

14 (ii) in paragraph (3)—

15 (I) by striking ‘‘He’’ and insert16 ing ‘‘The Secretary of Homeland Se17 curity’’;

18 (II) by striking ‘‘he deems’’ and

19 inserting ‘‘the Secretary deems’’; and

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

21 and inserting ‘‘the Secretary’s author22 ity’’;

23 (iii) in paragraph (4)—

24 (I) by striking ‘‘He’’ and insert25 ing ‘‘Except as otherwise provided by
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1 law, the Secretary of Homeland Secu2 rity’’;

3 (II) by striking ‘‘the Service or

4 the Department of Justice’’ and in5 serting ‘‘the Department of Homeland

6 Security’’; and

7 (III) by striking ‘‘employee of the

8 Service.’’ and inserting ‘‘employee of

9 the Department.’’;

10 (iv) in paragraph (5)—

11 (I) by striking ‘‘He’’ and insert12 ing ‘‘Except as otherwise provided by

13 law, the Secretary of Homeland Secu14 rity’’;

15 (II) by striking ‘‘in his discre16 tion,’’ and inserting ‘‘in the Sec17 retary’s discretion,’’; and

18 (III) by striking ‘‘such number of

19 employees of the Service as to him

20 shall appear necessary and proper.’’

21 and inserting ‘‘such number of em22 ployees of the Department of Home23 land Security as shall appear nec24 essary and proper to the Secretary.’’;

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

4 2002 (Public Law 107–296) is amended by inserting after

5 section 4 the following:

6 ‘‘SEC. 5. REQUIREMENT TO SUBMIT REPORTS AND NOTIFI7 CATIONS TO SELECT COMMITTEE ON HOME8 LAND SECURITY.

9 ‘‘In any case in which a report or notification is re10 quired by this Act or an amendment made by this Act

11 to be submitted to the Congress or to a Committee of the

12 Congress, such report shall also be submitted to the Select

13 Committee on Homeland Security of the House of Rep14 resentatives.’’.

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

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

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

18 item relating to section 4 the following:

‘‘Sec. 5. Requirement to submit reports and notifications to Select Committee

on Homeland Security.’’.

19 SEC. 12. CLARIFICATION OF REPORTING REQUIREMENT

20 CONCERNING ELECTRONIC COMMUNICA21 TIONS PRIVACY ACT EMERGENCY DISCLO22 SURE EXCEPTION.

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

24 2002 (Public Law 107–296; 116 Stat. 2157) is amended
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1 by striking ‘‘2702(b) of title 18, United States Code,’’ and

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

3 added by paragraph (1)(D)),’’.

4 SEC. 13. EFFECTIVE DATE.

5 The amendments made by this Act shall take effect

6 as if included in the enactment of the Homeland Security

7 Act of 2002 (Public Law 107–296).

Passed the House of Representatives June 24, 2003.

Attest:

Clerk.