212
vocate General of the Coast Guard by the Secretary of
Homeland Security’’.
(3) Section 983(d)(2)(B) of such title is amended by
striking ‘‘Department of Transportation’’ and inserting
‘‘Department of Homeland Security’’.
(4) Section 2665(b) of such title is amended by striking
‘‘Department of Transportation’’ and inserting ‘‘Depart-
ment in which the Coast Guard is operating’’.
(5) Section 7045 of such title is amended—
(A) in subsections (a)(1) and (b), by striking
‘‘Secretaries of the Army, Air Force, and Transpor-
tation’’ both places it appears and inserting ‘‘Sec-
retary of the Army, the Secretary of the Air Force,
and the Secretary of Homeland Security’’; and
(B) in subsection (b), by striking ‘‘Department of
Transportation’’ 
and 
inserting 
‘‘Department 
of
Homeland Security’’.
(6) Section 7361(b) of such title is amended in the sub-
section heading by striking ‘‘TRANSPORTATION’’ and insert-
ing ‘‘HOMELAND SECURITY’’.
(7) Section 12522(c) of such title is amended in the
subsection heading by striking ‘‘TRANSPORTATION’’ and in-
serting ‘‘HOMELAND SECURITY’’.
(c) TITLE 37, U.S.C.—Title 37, United States Code,
is amended in sections 101(5), 204(i)(4), 301a(a)(3),
213
306(d), 307(c), 308(a)(1), 308(d)(2), 308(f), 308b(e),
308c(c), 308d(a), 308e(f), 308g(g), 308h(f), 308i(e), 309(d),
316(d), 323(b), 323(g)(1), 325(i), 402(d), 402a(g)(1),
403(f)(3), 403(l)(1), 403b(i)(5), 406(b)(1), 417(a), 417(b),
418(a), 703, 1001(c), 1006(f), 1007(a), and 1011(d) by
striking ‘‘of Transportation’’ each place it appears and in-
serting ‘‘of Homeland Security’’.
(d) OTHER DEFENSE-RELATED LAWS.—(1) Section
363 of Public Law 104–193 (110 Stat. 2247) is amended—
(A) in subsection (a)(1) (10 U.S.C. 113 note), by
striking ‘‘of Transportation’’ and inserting ‘‘of Home-
land Security’’; and
(B) in subsection (b)(1) (10 U.S.C. 704 note), by
striking ‘‘of Transportation’’ and inserting ‘‘of Home-
land Security’’.
(2) Section 721(1) of Public Law 104–201 (10 U.S.C.
1073 note) is amended by striking ‘‘of Transportation’’ and
inserting ‘‘of Homeland Security’’.
(3) Section 4463(a) of Public Law 102–484 (10 U.S.C.
1143a note) is amended by striking ‘‘after consultation with
the Secretary of Transportation’’.
(4) Section 4466(h) of Public Law 102–484 (10 U.S.C.
1143 note) is amended by striking ‘‘of Transportation’’ and
inserting ‘‘of Homeland Security’’.
214
(5) Section 542(d) of Public Law 103–337 (10 U.S.C.
1293 note) is amended by striking ‘‘of Transportation’’ and
inserting ‘‘of Homeland Security’’.
(6) Section 740 of Public Law 106–181 (10 U.S.C.
2576 note) is amended in subsections (b)(2), (c), and (d)(1)
by striking ‘‘of Transportation’’ each place it appears and
inserting ‘‘of Homeland Security’’.
(7) Section 1407(b)(2) of the Defense Dependents’ Edu-
cation Act of 1978 (20 U.S.C. 926(b)) is amended by strik-
ing ‘‘of Transportation’’ both places it appears and insert-
ing ‘‘of Homeland Security’’.
(8) Section 2301(5)(D) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6671(5)(D)) is
amended by striking ‘‘of Transportation’’ and inserting ‘‘of
Homeland Security’’.
(9) Section 2307(a) of of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6677(a)) is
amended by striking ‘‘of Transportation’’ and inserting ‘‘of
Homeland Security’’.
(10) Section 1034(a) of Public Law 105–85 (21 U.S.C.
1505a(a)) is amended by striking ‘‘of Transportation’’ and
inserting ‘‘of Homeland Security’’.
(11) The Military Selective Service Act is amended—
215
(A) in section 4(a) (50 U.S.C. App. 454(a)), by
striking ‘‘of Transportation’’ in the fourth paragraph
and inserting ‘‘of Homeland Security’’;
(B) in section 4(b) (50 U.S.C. App. 454(b)), by
striking ‘‘of Transportation’’ both places it appears
and inserting ‘‘of Homeland Security’’;
(C) 
in 
section 
6(d)(1) 
(50 
U.S.C. 
App.
456(d)(1)), by striking ‘‘of Transportation’’ both
places it appears and inserting ‘‘of Homeland Secu-
rity’’;
(D) in section 9(c) (50 U.S.C. App. 459(c)), by
striking ‘‘Secretaries of Army, Navy, Air Force, or
Transportation’’ and inserting ‘‘Secretary of a mili-
tary department, and the Secretary of Homeland Se-
curity with respect to the Coast Guard,’’; and
(E) in section 15(e) (50 U.S.C. App. 465(e)), by
striking ‘‘of Transportation’’ both places it appears
and inserting ‘‘of Homeland Security’’.
(e) TECHNICAL CORRECTION.—(1) Title 14, United
States Code, is amended by redesignating section 673 (as
added by section 309 of Public Law 104–324) as section
673a.
(2) The table of sections at the beginning of chapter
17 of such title is amended by redesignating the item relat-
ing to such section as section 673a.
216
(f) EFFECTIVE DATE.—The amendments made by this
section (other than subsection (e)) shall take effect on the
date of transfer of the Coast Guard to the Department.
SEC. 905. STRATEGIC NATIONAL STOCKPILE AND SMALL-
POX VACCINE DEVELOPMENT.
(a) IN GENERAL.—Section 121 of the Public Health
Security and Bioterrorism Preparedness and Response Act
of 2002 (Public Law 107–188; 42 U.S.C. 300hh–12) is
amended—
(1) in subsection (a)(1)—
(A) by striking ‘‘Secretary of Health and
Human Services’’ and inserting ‘‘Secretary of
Homeland Security’’;
(B) by inserting ‘‘the Secretary of Health
and Human Services and’’ between ‘‘in coordi-
nation with’’ and ‘‘the Secretary of Veterans Af-
fairs’’; and
(C) by inserting ‘‘of Health and Human
Services’’ after ‘‘as are determined by the Sec-
retary’’; and
(2) in subsections (a)(2) and (b), by inserting
‘‘of Health and Human Services’’ after ‘‘Secretary’’
each place it appears.
(b) EFFECTIVE DATE.—The amendments made by this
section shall take effect on the date of transfer of the Stra-
217
tegic National Stockpile of the Department of Health and
Human Services to the Department.
SEC. 906. BIOLOGICAL AGENT REGISTRATION; PUBLIC
HEALTH SERVICE ACT.
(a) PUBLIC HEALTH SERVICE ACT.—Section 351A of
the Public Health Service Act (42 U.S.C. 262a) is
amended—
(1) in subsection (a)(1)(A), by inserting ‘‘(as de-
fined in subsection (l)(9))’’ after ‘‘Secretary’’;
(2) in subsection (h)(2)(A), by inserting ‘‘De-
partment of Homeland Security, the’’ before ‘‘Depart-
ment of Health and Human Services’’; and
(3) in subsection (l), by inserting after para-
graph (8) a new paragraph as follows:
‘‘(9) The term ‘Secretary’ means the Secretary of
Homeland Security, in consultation with the Sec-
retary of Health and Human Services.’’.
(b) PUBLIC HEALTH SECURITY AND BIOTERRORISM
PREPAREDNESS AND RESPONSE ACT OF 2002.—Section
201(b) of the Public Health Security and Bioterrorism Pre-
paredness and Response Act of 2002 (Public Law 107–188;
42 U.S.C. 262a note) is amended by striking ‘‘Secretary
of Health and Human Services’’ and inserting ‘‘Secretary
of Homeland Security’’.
218
(c) EFFECTIVE DATE.—The amendments made by this
section shall take effect on the date of transfer of the select
agent registration enforcement programs and activities of
the Department of Health and Human Services to the De-
partment.
SEC. 907. TRANSFER OF CERTAIN SECURITY AND LAW EN-
FORCEMENT FUNCTIONS AND AUTHORITIES.
(a) 
AMENDMENT
TO
PROPERTY
ACT.—Section
210(a)(2) of the Federal Property and Administrative Serv-
ices Act of 1949 (40 U.S.C. 490(a)(2)) is repealed.
(b) LAW ENFORCEMENT AUTHORITY.—The Act of June
1, 1948 (40 U.S.C. 318–318d; chapter 359; 62 Stat. 281)
is amended to read as follows:
‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Protection of Public
Property Act’.
‘‘SEC. 2. LAW ENFORCEMENT AUTHORITY OF SECRETARY
OF HOMELAND SECURITY FOR PROTECTION
OF PUBLIC PROPERTY.
‘‘(a) IN GENERAL.—The Secretary of Homeland Secu-
rity (in this Act referred to as the ‘Secretary’) shall protect
the buildings, grounds, and property that are owned, occu-
pied, or secured by the Federal Government (including any
agency, instrumentality, or wholly owned or mixed-owner-
ship corporation thereof) and the persons on the property.
219
‘‘(b) OFFICERS AND AGENTS.—
‘‘(1) DESIGNATION.—The Secretary may des-
ignate employees of the Department of Homeland Se-
curity, including employees transferred to the Depart-
ment from the Office of the Federal Protective Service
of the General Services Administration pursuant to
the Homeland Security Act of 2002, as officers and
agents for duty in connection with the protection of
property owned or occupied by the Federal Govern-
ment and persons on the property, including duty in
areas outside the property to the extent necessary to
protect the property and persons on the property.
‘‘(2) POWERS.—While engaged in the perform-
ance of official duties, an officer or agent designated
under this subsection may—
‘‘(A) enforce Federal laws and regulations
for the protection of persons and property;
‘‘(B) carry firearms;
‘‘(C) make arrests without a warrant for
any offense against the United States committed
in the presence of the officer or agent or for any
felony cognizable under the laws of the United
States if the officer or agent has reasonable
grounds to believe that the person to be arrested
has committed or is committing a felony;
220
‘‘(D) serve warrants and subpoenas issued
under the authority of the United States; and
‘‘(E) conduct investigations, on and off the
property in question, of offenses that may have
been committed against property owned or occu-
pied by the Federal Government or persons on
the property.
‘‘(F) carry out such other activities for the
promotion of homeland security as the Secretary
may prescribe.
‘‘(c) REGULATIONS.—
‘‘(1) IN GENERAL.—The Secretary, in consulta-
tion with the Administrator of General Services, may
prescribe regulations necessary for the protection and
administration of property owned or occupied by the
Federal Government and persons on the property. The
regulations may include reasonable penalties, within
the limits prescribed in paragraph (2), for violations
of the regulations. The regulations shall be posted and
remain posted in a conspicuous place on the property.
‘‘(2) PENALTIES.—A person violating a regula-
tion prescribed under this subsection shall be fined
under title 18, United States Code, imprisoned for not
more than 30 days, or both.
‘‘(d) DETAILS.—
221
‘‘(1) REQUESTS OF AGENCIES.—On the request
of the head of a Federal agency having charge or con-
trol of property owned or occupied by the Federal
Government, the Secretary may detail officers and
agents designated under this section for the protection
of the property and persons on the property.
‘‘(2) APPLICABILITY OF REGULATIONS.—The Sec-
retary may—
‘‘(A) extend to property referred to in para-
graph (1) the applicability of regulations pre-
scribed under this section and enforce the regula-
tions as provided in this section; or
‘‘(B) utilize the authority and regulations of
the requesting agency if agreed to in writing by
the agencies.
‘‘(3) FACILITIES AND SERVICES OF OTHER AGEN-
CIES.—When the Secretary determines it to be eco-
nomical and in the public interest, the Secretary may
utilize the facilities and services of Federal, State,
and local law enforcement agencies, with the consent
of the agencies.
‘‘(e) AUTHORITY OUTSIDE FEDERAL PROPERTY.—For
the protection of property owned or occupied by the Federal
Government and persons on the property, the Secretary
may enter into agreements with Federal agencies and with
222
State and local governments to obtain authority for officers
and agents designated under this section to enforce Federal
laws and State and local laws concurrently with other Fed-
eral law enforcement officers and with State and local law
enforcement officers.
‘‘(f) SECRETARY
AND
ATTORNEY
GENERAL
AP-
PROVAL.—The powers granted to officers and agents des-
ignated under this section shall be exercised in accordance
with guidelines approved by the Secretary and the Attorney
General.
‘‘(g) LIMITATION ON STATUTORY CONSTRUCTION.—
Nothing in this section shall be construed to—
‘‘(1) preclude or limit the authority of any Fed-
eral law enforcement agency; or
‘‘(2) restrict the authority of the Administrator
of General Services to promulgate regulations affect-
ing property under the Administrator’s custody and
control.’’.
SEC. 908. TRANSPORTATION SECURITY REGULATIONS.
Title 49, United States Code, is amended—
(1) in section 114(l)(2)(B), by inserting ‘‘for a
period not to exceed 30 days’’ after ‘‘effective’’; and
(2) in section 114(l)(2)(B), by inserting ‘‘ratified
or’’ after ‘‘unless’’.
223
SEC. 909. RAILROAD SECURITY LAWS.
Title 49, United States Code, is amended—
(1) in section 20106 by inserting in the second
sentence, ‘‘, including security,’’ after ‘‘railroad safe-
ty’’ and ‘‘or the Secretary of Homeland Security’’
after ‘‘Secretary of Transportation’’; and
(2) in section 20105—
(A) by inserting ‘‘or the Secretary of Home-
land Security’’ after ‘‘Secretary of Transpor-
tation’’ in subsection (a);
(B) by inserting ‘‘of Transportation or the
Secretary of Homeland Security’’ after ‘‘issued
by the Secretary’’ in subsection (a);
(C) by inserting ‘‘of Transportation or the
Secretary of Homeland Security, as appro-
priate,’’ after ‘‘to the Secretary’’ in subsection
(a), 
and 
after 
‘‘Secretary’’ 
in 
subsection
(b)(1)(A)(iii) and (B)(iv), the first place it ap-
pears in subsections (b)(1)(B) and (B)(iii) and
(d), each place it appears in subsections (c)(1),
(c)(2), (e), and (f), and the first four times it ap-
pears in subsection (b)(3);
(D) by inserting ‘‘of Transportation or the
Secretary of Homeland Security, as appro-
priate’’ 
after 
‘‘Secretary’’ 
in 
subsection
(b)(1)(A)(ii), (b)(1)(B)(ii), the second place it
224
appears in subsection (b)(1)(B)(iii), and the last
place it appears in subsection (b)(3);
(E) in subsection (d), by replacing ‘‘Sec-
retary’s’’ with ‘‘Secretary of Transportation’s’’
and adding before the period at the end ‘‘or the
Secretary of Homeland Security’s duties under
section 114’’; and
(F) in subsection (f), by adding before the
period at the end ‘‘or section 114’’.
SEC. 910. 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 se-
curity,’’; 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. 911. NATIONAL OCEANOGRAPHIC PARTNERSHIP PRO-
GRAM.
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 Tech-
nology of the Department of Homeland Security.
225
‘‘(14) Other Federal officials the Council con-
siders appropriate.’’.
SEC. 912. CHIEF FINANCIAL OFFICER.
Section 901(b)(1) of title 31, United States Code, is
amended—
(1) by redesignating subparagraphs (G) through
(P) as subparagraphs (H) through (Q), respectively;
and
(2) by inserting the following new subparagraph
after subparagraph (F):
‘‘(G) The Department of Homeland Security.’’.
SEC. 913. CHIEF INFORMATION OFFICER.
(a) CLINGER–COHEN ACT.—(1) The provisions en-
acted in section 5125 of the Clinger–Cohen Act of 1996 (di-
vision E of Public Law 104–106; 110 Stat. 684) shall apply
with respect to the Chief Information Officer of the Depart-
ment.
(2) Section 5131(c) of the Clinger-Cohen Act of 1996
(40 U.S.C. 1441(c)) is amended by inserting ‘‘or ap-
pointed’’ after ‘‘a Chief Information Officer designated’’.
(b) TITLE 44.—Chapter 35 of title 44, United States
Code, is amended—
(1) in section 3506(a)(2)—
226
(A) in subparagraph (A) by striking ‘‘sub-
paragraph (B)’’ and inserting ‘‘subparagraphs
(B) and (C)’’; and
(B) by adding at the end the following:
‘‘(C) The Chief Information Officer of the Department
of Homeland Security shall be an individual who is ap-
pointed by the President.’’;
(2) in each of subsections (a)(4) and (c)(1) of
section 3506, by inserting ‘‘or appointed’’ after ‘‘the
Chief Information Officer designated’’; and
(3) in subsection (a)(3) of section 3506, by in-
serting ‘‘or appointed’’ after ‘‘The Chief Information
Officer designated’’.
TITLE X—NATIONAL HOMELAND
SECURITY COUNCIL
SEC. 1001. NATIONAL HOMELAND SECURITY COUNCIL.
There is established within the Executive Office of the
President a council to be known as the ‘‘Homeland Security
Council’’ (in this title referred to as the ‘‘Council’’).
SEC. 1002. FUNCTION.
The function of the Council shall be to advise the Presi-
dent on homeland security matters.
SEC. 1003. MEMBERSHIP.
The members of the Council shall be the following:
(1) The President.
227
(2) The Vice President.
(3) The Secretary of Homeland Security.
(4) The Attorney General.
(5) The Secretary of Health and Human Serv-
ices.
(6) The Director of Central Intelligence.
(7) The Secretary of Defense.
(8) The Secretary of the Treasury.
(9) The Secretary of State.
(10) The Secretary of Energy.
(11) The Secretary of Agriculture.
(12) Such other individuals as may be des-
ignated by the President.
SEC. 1004. OTHER FUNCTIONS AND ACTIVITIES.
For the purpose of more effectively coordinating the
policies and functions of the United States Government re-
lating to homeland security, the Council shall—
(1) assess the objectives, commitments, and risks
of the United States in the interest of homeland secu-
rity and to make resulting recommendations to the
President;
(2) oversee and review homeland security policies
of the Federal Government and to make resulting rec-
ommendations to the President; and
228
(3) perform such other functions as the President
may direct.
SEC. 1005. HOMELAND SECURITY BUDGET.
The Director of the Office of Management and Budget
shall prepare for the President a Federal homeland security
budget to be delivered to the Congress as part of the Presi-
dent’s annual budget request.
SEC. 1006. STAFF COMPOSITION.
The Council shall have a staff, the head of which shall
be a civilian Executive Secretary, who shall be appointed
by the President. The President is authorized to fix the pay
of the Executive Secretary at a rate not to exceed the rate
of pay payable to the Executive Secretary of the National
Security Council.
SEC. 1007. RELATION TO THE NATIONAL SECURITY COUN-
CIL.
The President may convene joint meetings of the
Homeland Security Council and the National Security
Council with participation by members of either Council
or as the President may otherwise direct.
Union Calendar No. 368
107TH CONGRESS
2D SESSION
H. R. 5005
[Report No. 107–609, Part I]
A BILL
To establish the Department of Homeland Security,
and for other purposes.
JULY 24, 2002
Reported from the Select Committee on Homeland
Security with an amendment