H. J. Res. 2—520
‘‘SPECIAL PROVISIONS CONCERNING THE DEPARTMENT OF HOMELAND
SECURITY
‘‘SEC. 8I. (a)(1) Notwithstanding the last two sentences of sec-
tion 3(a), the Inspector General of the Department of Homeland
Security shall be under the authority, direction, and control of
the Secretary of Homeland Security with respect to audits or inves-
tigations, or the issuance of subpoenas, that require access to sen-
sitive information concerning—
‘‘(A) intelligence, counterintelligence, or counterterrorism
matters;
‘‘(B) ongoing criminal investigations or proceedings;
‘‘(C) undercover operations;
‘‘(D) the identity of confidential sources, including protected
witnesses;
‘‘(E) other matters the disclosure of which would, in the
Secretary’s judgment, constitute a serious threat to the protec-
tion of any person or property authorized protection by section
3056 of title 18, United States Code, section 202 of title 3
of such Code, or any provision of the Presidential Protection
Assistance Act of 1976 (18 U.S.C. 3056 note); or
‘‘(F) other matters the disclosure of which would constitute
a serious threat to national security.
‘‘(2) With respect to the information described in paragraph
(1), the Secretary of Homeland Security may prohibit the Inspector
General of the Department of Homeland Security from carrying
out or completing any audit or investigation, or from issuing any
subpoena, after such Inspector General has decided to initiate,
carry out, or complete such audit or investigation or to issue such
subpoena, if the Secretary determines that such prohibition is nec-
essary to prevent the disclosure of any information described in
paragraph (1), to preserve the national security, or to prevent
a significant impairment to the interests of the United States.
‘‘(3) If the Secretary of Homeland Security exercises any power
under paragraph (1) or (2), the Secretary shall notify the Inspector
General of the Department of Homeland Security in writing within
seven days stating the reasons for such exercise. Within 30 days
after receipt of any such notice, the Inspector General shall transmit
to the President of the Senate, the Speaker of the House of Rep-
resentatives, and appropriate committees and subcommittees of
Congress the following:
‘‘(A) A copy of such notice.
‘‘(B) A written response to such notice that includes a
statement regarding whether the Inspector General agrees or
disagrees with such exercise, and the reasons for any disagree-
ment.
‘‘(b) The exercise of authority by the Secretary described in
paragraph (2) should not be construed as limiting the right of
Congress or any committee of Congress to access any information
it seeks.
‘‘(c) Subject to the conditions established in subsections (a)
and (b) above, in carrying out the duties and responsibilities speci-
fied in this Act, the Inspector General of the Department of Home-
land Security may initiate, conduct, and supervise such audits
and investigations in the Department of Homeland Security as
the Inspector General considers appropriate.
H. J. Res. 2—521
‘‘(d) Any report required to be transmitted by the Secretary
of Homeland Security to the appropriate committees or subcommit-
tees of Congress under section 5(d) shall be transmitted, within
the seven-day period specified under such section, to the President
of the Senate, the Speaker of the House of Representatives, and
appropriate committees and subcommittees of Congress.
‘‘(e) Notwithstanding any other provision of law, in carrying
out the duties and responsibilities specified in this Act, the Inspector
General of the Department of Homeland Security shall have over-
sight responsibility for the internal investigations performed by
the Office of Internal Affairs of the United States Customs Service,
the Office of Inspections of the United States Secret Service, the
Bureau of Border Security, and the Bureau of Citizenship and
Immigration Services. The head of each such office or bureau shall
promptly report to the Inspector General the significant activities
being carried out by such office or bureau.’’.
(c) CONFORMING AMENDMENTS.—
(1) Section 811 of the Homeland Security Act of 2002
(Public Law 107–296) is repealed.
(2) Section 8D of the Inspector General Act of 1978 (5
U.S.C. App.) is amended—
(A) in subsection (b)(1)—
(i) in the first sentence, by striking ‘‘, the Office
of Internal Affairs of the United States Customs
Service, and the Office of Inspections of the United
States Secret Service,’’; and
(ii) in the second sentence, by striking ‘‘each’’;
(B) in subsection (c), by striking ‘‘bureaus and services’’
and inserting ‘‘bureau’’; and
(C) in subsection (d)—
(i) by striking ‘‘a bureau or service’’ and inserting
‘‘the bureau’’; and
(ii) by striking ‘‘or service’’ after ‘‘such bureau’’.
SEC. 105. EXECUTIVE OFFICE
FOR IMMIGRATION REVIEW. (a)
The Homeland Security Act of 2002 (Public Law 107–296) is
amended—
(1) in subsection 1102(2), by inserting new paragraphs
(A) and (B) as follows:
‘‘(A) by striking ‘Attorney General’ in the title and
inserting ‘Secretary of Homeland Security’;
‘‘(B) by striking ‘The Attorney General’ in subsection
(a)(1) and inserting ‘The Secretary of Homeland Security’;’’;
(2) by redesignating paragraphs (A) and (B) as paragraphs
(C) and (D), respectively; and
(3) by adding at the end of title XI, subtitle A, the following
new section:
‘‘SEC. 1104. EFFECTIVE DATE.
‘‘The provisions of this subtitle shall take effect on the date
of the transfer of functions from the Commissioner of Immigration
and Naturalization to officials of the Department of Homeland
Security.’’.
SEC. 106. SAVINGS PROVISION OF CERTAIN TRANSFERS MADE
UNDER THE HOMELAND SECURITY ACT OF 2002. The transfer of
functions under subtitle B of title XI of the Homeland Security
Act of 2002 (Public Law 107–296) shall not affect any pending
H. J. Res. 2—522
or completed administrative actions, including orders, determina-
tions, rules, regulations, personnel actions, permits, agreements,
grants, contracts, certificates, licenses, or registrations, in effect
on the date immediately prior to the date of such transfer, or
any proceeding, unless and until amended, modified, superseded,
terminated, set aside, or revoked. Pending civil actions shall not
be affected by such transfer of functions.
SEC. 107. RESTORATION
OF PROVISION REGARDING FEES
TO
COVER THE FULL COSTS OF ALL ADJUDICATION SERVICES. The Home-
land Security Act of 2002 (Public Law 107–296) is amended by
striking section 457, including the amendment made by such sec-
tion: Provided, That no court shall have jurisdiction over any cause
or claim arising under the provisions of section 457 of the Homeland
Security Act of 2002 (Public Law 107–296), this section, or any
regulations promulgated thereunder.
This division may be cited as the ‘‘Homeland Security Act
Amendments of 2003’’.
DIVISION M—OTHER MATTERS
DEFENSE RELATED TECHNICAL CORRECTIONS
SEC. 101. Section 8126 of Public Law 107–248 is amended
to read as follows: ‘‘Of the amounts appropriated in Public Law
107–206, under the heading ‘Defense Emergency Response Fund’,
$4,500,000 may be made available to settle the disputed takings
of property adjacent to the Army Tooele Depot, Utah: Provided,
That none of these funds may be used to acquire fee title to
the properties.’’.
SEC. 102. Of the amounts appropriated in Public Law 107–
248, under the heading ‘‘Operation and Maintenance, Navy’’,
$20,000,000 shall be available for use only in the disposal of obsolete
vessels in the Maritime Administration National Defense Reserve
Fleet. Further, the Secretary of the Navy and the Secretary of
Transportation shall report to the congressional defense committees
no later than March 1, 2003, regarding the total number of obsolete
vessels in the Maritime Administration National Defense Reserve
Fleet designated for disposal, the comparative condition of the ves-
sels, the method of disposal, and the projected costs for disposal
of each vessel.
SEC. 103. Section 124 of Public Law 107–249 is amended by
adding at the end before the period the following new proviso:
‘‘: Provided, That not more than $1,000,000 may be used to provide
connectivity between the various North Atlantic Treaty Organiza-
tion headquarters and the capitals of the New Independent States
of the former Soviet Union’’.
SEC. 104. In Public Law 107–249, the total amount appropriated
under the heading ‘‘Military Construction, Air Force’’ is reduced
by $18,600,000, and the total amount appropriated under the
heading ‘‘Military Construction, Air Force Reserve’’ is increased
by $18,600,000.
SEC. 105. (a) Of the funds appropriated in Public Law 107–
249 for ‘‘Military Construction, Air Force’’, $15,000,000 for land
acquisition at Nellis Air Force Base, Nevada, may be transferred
by the Secretary of the Air Force to the United States Fish and
Wildlife Service to fulfill the obligations of the Air Force under
section 3011(b)(5)(F) of the Military Lands Withdrawal Act of 1999.
H. J. Res. 2—523
Upon receipt by the Service of the funds transferred in this para-
graph, the obligations of the Department of the Air Force shall
be considered fulfilled.
(b) The United States Fish and Wildlife Service may grant
funds received by the Service under subsection (a) in a lump sum
to the National Fish and Wildlife Foundation for use in accom-
plishing the purposes of section 3011(b)(5)(F) of the Military Lands
Withdrawal Act of 1999. Funds received by the Foundation under
the previous paragraph shall be subject to the provisions of the
National Fish and Wildlife Foundation Establishment Act (16
U.S.C. 3701 et seq.), other than section 10(a) of that Act (16 U.S.C.
3709(a)).
SEC. 106. Section 8040 of Public Law 107–248 is amended
by striking ‘‘$100,000’’ and inserting ‘‘$250,000’’: Provided, That
notwithstanding any other provision of law, the Office of Economic
Adjustment (OEA) is authorized to make grants using funds made
available under the heading ‘‘Operation and Maintenance, Defense-
Wide’’ in accordance with the guidance provided in the Joint
Explanatory Statement of the Committee of Conference for the
Conference Report to accompany H.R. 5010 (House Report 107–
732) and these projects shall hereafter be considered to be author-
ized by law.
(TRANSFER OF FUNDS)
SEC. 107. Upon enactment of this Act, the Secretary of Defense
shall make the following transfers of funds: Provided, That the
amounts transferred shall be made available for the same purpose
as the appropriations to which transferred, and for the same time
period as the appropriation from which transferred: Provided fur-
ther, That the amounts shall be transferred between the following
appropriations in the amount specified:
To:
Under the heading, ‘‘Procurement, Defense-Wide, 2003/
2005’’, $48,900,000; and
‘‘Procurement, Defense-Wide, 2002/2004’’, $55,100,000.
From:
Under the heading, ‘‘Defense Emergency Response
Fund, 2002’’, $40,000,000;
‘‘Procurement of Weapons and Tracked Combat
Vehicles, Army, 2003/2005’’, $5,000,000;
‘‘Procurement of Ammunition, Army, 2002/2004’’,
$10,100,000;
‘‘Other Procurement, Air Force, 2003/2005’’, $7,000,000;
‘‘Research, Development, Test and Evaluation, Army,
2002/2003’’, $5,000,000; and
‘‘Research, 
Development, 
Test 
and 
Evaluation,
Defense-Wide, 2003/2004’’, $36,900,000.
SEC. 108. Notwithstanding any other provision of law, from
funds made available to the Department of Defense under the
heading ‘‘Operation and Maintenance, Defense-Wide’’ in the Depart-
ment of Defense Appropriations Act, 2003 (Public Law 107–248),
the Secretary of Defense shall award a grant in the amount of
$2,000,000 to the Commonwealth of Pennsylvania for Quecreek
Mine disaster rescue and recovery efforts and a grant in the amount
of $600,000 to the City of Philadelphia for safety and security
lighting of the Platt Bridge.