I 

108TH CONGRESS 

1ST SESSION H. R. 1416

To make technical corrections to the Homeland Security Act of 2002. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 25, 2003

Mr. COX introduced the following bill; which was referred to the Select 

Committee on Homeland Security 

A BILL

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’’.

6 SEC. 2. TECHNICAL CORRECTIONS RELATING TO CRITICAL 

7 INFRASTRUCTURE INFORMATION. 

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

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

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

11 such information pertains to—’’.
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1 SEC. 3. VISA ISSUANCE. 

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

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

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

5 ‘‘section,’’; and 

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

7 SEC. 4. RESPONSIBILITIES OF UNDER SECRETARY FOR 

8 EMERGENCY PREPAREDNESS AND RE9 SPONSE. 

10 Section 502 of the Homeland Security Act of 2002 

11 (Public Law 107–296; 6 U.S.C. 312) is amended by strik12 ing ‘‘shall include—’’ and inserting ‘‘shall be responsible 

13 for—’’. 

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

15 Section 876 of the Homeland Security Act of 2002 

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

17 as follows: 

18 ‘‘SEC. 876. MILITARY ACTIVITIES. 

19 ‘‘Except as provided in section 888, nothing in this 

20 Act confers on the Secretary any authority over 

21 warfighting, the military defense of the United States, or 

22 other military activities that are authorized to be directed 

23 by the Secretary of Defense. This Act shall not be con24 strued to limit the existing authority of the Secretary of 

25 Defense over warfighting, the military defense of the 

26 United States, or other military activities, including such 
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1 activities of the Coast Guard when it is operating as a 

2 service in the Navy under section 3 of title 14, United 

3 States Code.’’. 

4 SEC. 6. ANNUAL INDEPENDENT EVALUATION OF INFORMA5 TION SECURITY PROGRAM AND PRACTICES 

6 OF AGENCIES. 

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

8 is amended by inserting ‘‘or any other law’’ after ‘‘the In9 spector General Act of 1978’’.

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

11 THE SECRETARY, THE UNDER SECRETARY 

12 FOR BORDER AND TRANSPORTATION SECU13 RITY, AND THE ATTORNEY GENERAL. 

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

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

16 2273) is amended—

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

18 striking ‘‘as amended by this Act, is further amend19 ed by—’’; and inserting ‘‘is amended—’’; 

20 (2) by amending paragraph (1) to read as fol21 lows: 

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

23 as follows: 
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1 ‘POWERS AND DUTIES OF THE SECRETARY OF HOME2 LAND SECURITY, THE UNDER SECRETARY FOR BOR3 DER AND TRANSPORTATION SECURITY, AND THE AT4 TORNEY 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)—
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1 (i) in paragraph (2)—

2 (I) by striking ‘‘He’’ and insert3 ing ‘‘The Secretary of Homeland Se4 curity’’; and 

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

6 and inserting ‘‘of the Directorate of 

7 Border and Transportation Security 

8 of the Department of Homeland Secu9 rity relating to the powers, functions, 

10 and duties conferred upon the Sec11 retary by this Act and all other laws 

12 relating to the immigration and natu13 ralization of 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)—
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1 (I) by striking ‘‘He’’ and insert2 ing ‘‘The Secretary of Homeland Se3 curity’’; 

4 (II) by striking ‘‘the Service or 

5 the Department of Justice’’ and in6 serting ‘‘the Department of Homeland 

7 Security’’; and 

8 (III) by striking ‘‘employee of the 

9 Service.’’ and inserting ‘‘employee of 

10 the Department.’’; 

11 (iv) in paragraph (5)—

12 (I) by striking ‘‘He’’ and insert13 ing ‘‘The Secretary of Homeland Se14 curity’’; 

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.’’; 

6 (vi) in paragraph (7)—

7 (I) by striking ‘‘He’’ and insert8 ing ‘‘The Secretary of Homeland Se9 curity’’; 

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

11 each place such term appears and in12 serting ‘‘of the Department of Home13 land Security’’; 

14 (III) by striking ‘‘he may,’’ and 

15 inserting ‘‘the Secretary of Homeland 

16 Security may,’’; and 

17 (IV) by striking ‘‘in his judg18 ment’’ and inserting ‘‘in the Sec19 retary’s judgment’’; 

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

21 ‘‘Attorney General’’ and inserting ‘‘Sec22 retary of Homeland Security’’; 

23 (viii) in paragraph (10) (as redesig24 nated by section 1102 of the Homeland 

25 Security Act of 2002)—
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1 (I) by striking ‘‘Attorney Gen2 eral’’ each place such term appears 

3 and inserting ‘‘Secretary of Homeland 

4 Security’’; and 

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

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

7 and 

8 (ix) in paragraph (11) (as so redesig9 nated)—

10 (I) by striking ‘‘Attorney Gen11 eral’’ and inserting ‘‘Secretary of 

12 Homeland Security’’; and 

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

14 each place such term appears and in15 serting ‘‘by the Department’’; 

16 (B) in subsection (b), by striking ‘‘Attor17 ney General’’ each place such term appears and 

18 inserting ‘‘Secretary of Homeland Security’’; 

19 (C) in subsection (c)—

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

21 each place such term appears and inserting 

22 ‘‘The Under Secretary for Border and 

23 Transportation Security’’; and 

24 (ii) by amending the second sentence 

25 to read as follows: 
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1 ‘‘The Under Secretary for Border and Transportation Se2 curity shall be charged with any and all responsibilities 

3 and authority in the administration of this Act which are 

4 conferred upon the Secretary of Homeland Security and 

5 which may be delegated or prescribed to the Under Sec6 retary by the Secretary.’’; 

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

8 Commissioner,’’ and inserting ‘‘The Under Sec9 retary for Border and Transportation Secu10 rity,’’; 

11 (E) in subsection (e)—

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

13 and inserting ‘‘The Under Secretary for 

14 Border and Transportation Security’’; and 

15 (ii) by striking ‘‘of the Service’’ and 

16 inserting ‘‘of the Directorate of Border 

17 and Transportation Security of the De18 partment of Homeland Security’’; and 

19 (F) in subsection (f)—

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

21 and inserting ‘‘Secretary of Homeland Se22 curity’’; 

23 (ii) by striking ‘‘of the Immigration 

24 and Naturalization Service’’ and inserting 

25 ‘‘of the Directorate of Border and Trans-
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1 portation Security of the Department of 

2 Homeland Security’’; and 

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

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

5 the Directorate,’’. 

6 (2) SECTION 287(g).—Section 287(g) of the Im7 migration and Nationality Act (8 U.S.C. 1357(g)) is 

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

9 such term appears and inserting ‘‘Secretary of 

10 Homeland Security’’. 

11 (c) CLERICAL AMENDMENTS.—

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

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

14 Act of 2002 (Public Law 107–296; 116 Stat. 2135) 

15 is amended by inserting after the item relating to 

16 section 1103 the following:

‘‘Sec. 1104. Effective date.’’.

17 (2) IMMIGRATION AND NATIONALITY ACT.—The 

18 table of contents of the Immigration and Nationality

19 Act is amended by amending the item relating to 

20 section 103 to read as follows:

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

Secretary for Border and Transportation Security, and the Attorney General.’’.
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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 The Homeland Security Act of 2002 (Public Law 

4 107–296) is amended by inserting after section 4 the fol5 lowing: 

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 SEC. 12. EFFECTIVE DATE. 

16 The amendments made by this Act shall take effect 

17 as if included in the enactment of the Homeland Security 

18 Act of 2002 (Public Law 107–296).

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