479
serting ‘‘duties under chapters 203–213 of this title
(in the case of the Secretary of Transportation) and
duties under section 114 of this title (in the case of
the Secretary of Homeland Security)’’;
(4) by striking ‘‘chapter.’’ in subsection (f) and
inserting ‘‘chapter (in the case of the Secretary of
Transportation) and duties under section 114 of this
title (in the case of the Secretary of Homeland Secu-
rity).’’; and
(5) by adding at the end the following new sub-
section:
‘‘(g) DEFINITIONS.—In this section—
‘‘(1) the term ‘safety’ includes security; and
‘‘(2) the term ‘Secretary concerned’ means—
‘‘(A) the Secretary of Transportation, with
respect to railroad safety matters concerning
such Secretary under laws administered by that
Secretary; and
‘‘(B) the Secretary of Homeland Security,
with respect to railroad safety matters con-
cerning such Secretary under laws administered
by that Secretary.’’.
(b) REGULATIONS AND ORDERS.—Section 20103(a)
of such title is amended by inserting after ‘‘1970.’’ the
following: ‘‘When prescribing a security regulation or
480
issuing a security order that affects the safety of railroad
operations, the Secretary of Homeland Security shall con-
sult with the Secretary.’’.
(c) NATIONAL UNIFORMITY OF REGULATION.—Sec-
tion 20106 of such title is amended—
(1) by inserting ‘‘and laws, regulations, and or-
ders related to railroad security’’ after ‘‘safety’’ in
the first sentence;
(2) by inserting ‘‘or security’’ after ‘‘safety’’
each place it appears after the first sentence; and
(3) by striking ‘‘Transportation’’ in the second
sentence and inserting ‘‘Transportation (with respect
to railroad safety matters), or the Secretary of
Homeland Security (with respect to railroad security
matters),’’.
SEC. 1711. HAZMAT SAFETY TO INCLUDE HAZMAT SECU-
RITY.
(a) GENERAL REGULATORY AUTHORITY.—Section
5103 of title 49, United States Code, is amended—
(1) by striking ‘‘transportation’’ the first place
it appears in subsection (b)(1) and inserting ‘‘trans-
portation, including security,’’;
(2) 
by 
striking 
‘‘aspects’’ 
in 
subsection
(b)(1)(B) and inserting ‘‘aspects, including secu-
rity,’’; and
481
(3) by adding at the end the following:
‘‘(C) CONSULTATION.—When prescribing a
security regulation or issuing a security order
that affects the safety of the transportation of
hazardous material, the Secretary of Homeland
Security shall consult with the Secretary.’’.
(b) PREEMPTION.—Section 5125 of that title is
amended—
(1) by striking ‘‘chapter or a regulation pre-
scribed under this chapter’’ in subsection (a)(1) and
inserting ‘‘chapter, a regulation prescribed under
this chapter, or a hazardous materials transpor-
tation security regulation or directive issued by the
Secretary of Homeland Security’’;
(2) by striking ‘‘chapter or a regulation pre-
scribed under this chapter.’’ in subsection (a)(2) and
inserting ‘‘chapter, a regulation prescribed under
this chapter, or a hazardous materials transpor-
tation security regulation or directive issued by the
Secretary of Homeland Security.’’; and
(3) by striking ‘‘chapter or a regulation pre-
scribed under this chapter,’’ in subsection (b)(1) and
inserting ‘‘chapter, a regulation prescribed under
this chapter, or a hazardous materials transpor-
482
tation security regulation or directive issued by the
Secretary of Homeland Security,’’.
SEC. 1712. OFFICE OF SCIENCE AND TECHNOLOGY POLICY.
The National Science and Technology Policy, Organi-
zation, and Priorities Act of 1976 is amended—
(1) 
in 
section 
204(b)(1) 
(42 
U.S.C.
6613(b)(1)), by inserting ‘‘homeland security,’’ after
‘‘national security,’’; and
(2) 
in 
section 
208(a)(1) 
(42 
U.S.C.
6617(a)(1)), by inserting ‘‘the Office of Homeland
Security,’’ after ‘‘National Security Council,’’.
SEC. 
1713. 
NATIONAL 
OCEANOGRAPHIC 
PARTNERSHIP
PROGRAM.
Section 7902(b) of title 10, United States Code, is
amended by adding at the end the following new para-
graphs:
‘‘(13) The Under Secretary for Science and
Technology of the Department of Homeland Secu-
rity.
‘‘(14) Other Federal officials the Council con-
siders appropriate.’’.
SEC. 1714. CLARIFICATION OF DEFINITION OF MANUFAC-
TURER.
Section 2133(3) of the Public Health Service Act (42
U.S.C. 300aa–33(3)) is amended—
483
(1) in the first sentence, by striking ‘‘under its
label any vaccine set forth in the Vaccine Injury
Table’’ and inserting ‘‘any vaccine set forth in the
Vaccine Injury table, including any component or in-
gredient of any such vaccine’’; and
(2) in the second sentence, by inserting ‘‘includ-
ing any component or ingredient of any such vac-
cine’’ before the period.
SEC. 1715. CLARIFICATION OF DEFINITION OF VACCINE-RE-
LATED INJURY OR DEATH.
Section 2133(5) of the Public Health Service Act (42
U.S.C. 300aa–33(5)) is amended by adding at the end the
following: ‘‘For purposes of the preceding sentence, an
adulterant or contaminant shall not include any compo-
nent or ingredient listed in a vaccine’s product license ap-
plication or product label.’’.
SEC. 1716. CLARIFICATION OF DEFINITION OF VACCINE.
Section 2133 of the Public Health Service Act (42
U.S.C. 300aa–33) is amended by adding at the end the
following:
‘‘(7) The term ‘vaccine’ means any preparation
or suspension, including but not limited to a prepa-
ration or suspension containing an attenuated or in-
active microorganism or subunit thereof or toxin, de-
veloped or administered to produce or enhance the
484
body’s immune response to a disease or diseases and
includes all components and ingredients listed in the
vaccines’s product license application and product
label.’’.
SEC. 1717. EFFECTIVE DATE.
The amendments made by sections 1714, 1715, and
1716 shall apply to all actions or proceedings pending on
or after the date of enactment of this Act, unless a court
of competent jurisdiction has entered judgment (regard-
less of whether the time for appeal has expired) in such
action or proceeding disposing of the entire action or pro-
ceeding.
Passed the House of Representatives November 13,
2002.
Attest:
Clerk.
107TH CONGRESS
2D SESSION
H. R. 5710
AN ACT
To establish the Department of Homeland Security,
and for other purposes.