IB 

Union Calendar No. 51

108TH CONGRESS 

1ST SESSION H. R. 1416

[Report No. 108–104] 

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 

MAY 15, 2003

Reported with an amendement, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on March 25, 2003] 

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’’.
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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 ‘‘sec11 tion,’’; and 

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

13 SEC. 4. RESPONSIBILITIES OF UNDER SECRETARY FOR 

14 EMERGENCY PREPAREDNESS AND RESPONSE. 

15 Section 502 of the Homeland Security Act of 2002 

16 (Public Law 107–296; 6 U.S.C. 312) is amended by striking 

17 ‘‘shall include—’’ and inserting ‘‘shall be responsible

18 for—’’. 

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

20 Section 876 of the Homeland Security Act of 2002 

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

22 as follows: 

23 ‘‘SEC. 876. MILITARY ACTIVITIES. 

24 ‘‘Nothing in this Act confers on the Secretary any au25 thority over warfighting, the military defense of the United 

26 States, or other military activities that are authorized to 
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1 be directed by the Secretary of Defense. This Act shall not 

2 be construed to limit the existing authority of the Secretary 

3 of Defense over warfighting, the military defense of the 

4 United States, or other military activities, including such 

5 activities of the Coast Guard when it is operating as a serv6 ice in the Navy under section 3 of title 14, United States 

7 Code.’’. 

8 SEC. 6. ANNUAL INDEPENDENT EVALUATION OF INFORMA9 TION SECURITY PROGRAM AND PRACTICES 

10 OF AGENCIES. 

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

12 amended by inserting ‘‘or any other law’’ after ‘‘the Inspec13 tor General Act of 1978’’.

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

15 THE SECRETARY AND THE ATTORNEY GEN16 ERAL. 

17 (a) IN GENERAL.—Section 1102 of the Homeland Se18 curity Act of 2002 (Public Law 107–296; 116 Stat. 2273) 

19 is amended—

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

21 striking ‘‘as amended by this Act, is further amended 

22 by—’’; and inserting ‘‘is amended—’’; 

23 (2) by amending paragraph (1) to read as fol24 lows: 
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1 ‘‘(1) by amending the section heading to read as 

2 follows: 

3 ‘POWERS AND DUTIES OF THE SECRETARY OF HOMELAND

4 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 section 

11 373 of such Act, as paragraphs (10) and (11), 

12 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 of 

16 2002.’’ and inserting ‘‘the Homeland Security 

17 Act of 2002.’’; and 

18 (B) by striking ‘‘this section’’ and inserting 

19 ‘‘this subsection’’. 

20 (b) CONFORMING AMENDMENTS TO IMMIGRATION AND

21 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 Secu3 rity’’; 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 conferred 

8 upon the Secretary by this Act and all 

9 other laws relating to the immigration 

10 and naturalization of aliens.’’; 

11 (ii) in paragraph (3)—

12 (I) by striking ‘‘He’’ and insert13 ing ‘‘The Secretary of Homeland Secu14 rity’’; 

15 (II) by striking ‘‘he deems’’ and 

16 inserting ‘‘the Secretary deems’’; and 

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

18 and inserting ‘‘the Secretary’s author19 ity’’; 

20 (iii) in paragraph (4)—

21 (I) by striking ‘‘He’’ and insert22 ing ‘‘Except as otherwise provided by 

23 law, the Secretary of Homeland Secu24 rity’’; 
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1 (II) by striking ‘‘the Service or 

2 the Department of Justice’’ and insert3 ing ‘‘the Department of Homeland Se4 curity’’; 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 employ20 ees of the Department of Homeland Se21 curity as shall appear necessary and 

22 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 Secu3 rity’’; 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 Secu10 rity’’; 

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 Se3 curity 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 ‘‘Attorney 

20 General’’ each place such term appears and in21 serting ‘‘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 of 

5 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’’ and 

15 inserting ‘‘Secretary of Homeland Secu16 rity’’; 

17 (ii) by striking ‘‘of the Immigration 

18 and Naturalization Service’’ and inserting 

19 ‘‘of the Directorate of Border and Transpor20 tation Security of the Department of Home21 land Security’’; and 

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

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

24 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 Home5 land Security’’. 

6 (c) CLERICAL AMENDMENTS.—

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

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

9 of 2002 (Public Law 107–296; 116 Stat. 2135) is 

10 amended by inserting after the item relating to sec11 tion 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 sec15 tion 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 applica18 bility of section 456, 462(e), 1512(d), or 1517 of the Home19 land Security Act of 2002, or any other similar provision 

20 pertaining to the treatment of references in law, to any pro21 vision of law that is not amended 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 2002 

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

5 striking ‘‘subsection (d)’’ each place it appears and insert6 ing ‘‘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 so 

16 redesignated) by striking ‘‘Secretary’’ and inserting 

17 ‘‘Secretary of Transportation’’; and 

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

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

20 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 2002 

24 (116 Stat. 2307) is amended by striking ‘‘section 6 of this 

25 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 107–

4 296) is amended by inserting after section 4 the following: 

5 ‘‘SEC. 5. REQUIREMENT TO SUBMIT REPORTS AND NOTIFI6 CATIONS TO SELECT COMMITTEE ON HOME7 LAND SECURITY. 

8 ‘‘In any case in which a report or notification is re9 quired by this Act or an amendment made by this Act to 

10 be submitted to the Congress or to a Committee of the Con11 gress, such report shall also be submitted to the Select Com12 mittee on Homeland Security of the House of Representa13 tives.’’.

14 SEC. 12. CLARIFICATION OF REPORTING REQUIREMENT 

15 CONCERNING ELECTRONIC COMMUNICA16 TIONS PRIVACY ACT EMERGENCY DISCLO17 SURE EXCEPTION. 

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

19 2002 (Public Law 107–296; 116 Stat. 2157) is amended 

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

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

22 added by paragraph (1)(D)),’’.

23 SEC. 13. EFFECTIVE DATE. 

24 The amendments made by this Act shall take effect as 

25 if included in the enactment of the Homeland Security Act 

26 of 2002 (Public Law 107–296).

Union Calendar No. 51

108TH CONGRESS 

1ST SESSION H. R. 1416

[Report No. 108–104] 

A BILL

To make technical corrections to the Homeland 

Security Act of 2002. 

MAY 15, 2003

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, 

and ordered to be printed