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[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) * * *

           *       *       *       *       *       *       *

    (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.

           *       *       *       *       *       *       *

    (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.

           *       *       *       *       *       *       *

    (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.

                                
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