H. R. 5005—176
Airport and Airway Trust Fund, Inland Waterway Trust Fund,
or Harbor Maintenance Trust Fund, may be transferred to,
made available to, or obligated by the Secretary or any other
official in the Department.
(2) LIMITATION.—This subsection shall not apply to secu-
rity-related funds provided to the Federal Aviation Administra-
tion for fiscal years preceding fiscal year 2003 for (A) operations,
(B) facilities and equipment, or (C) research, engineering, and
development.
SEC. 1512. SAVINGS PROVISIONS.
(a) COMPLETED
ADMINISTRATIVE
ACTIONS.—(1) Completed
administrative actions of an agency shall not be affected by the
enactment of this Act or the transfer of such agency to the Depart-
ment, but shall continue in effect according to their terms until
amended, modified, superseded, terminated, set aside, or revoked
in accordance with law by an officer of the United States or a
court of competent jurisdiction, or by operation of law.
(2) For purposes of paragraph (1), the term ‘‘completed adminis-
trative action’’ includes orders, determinations, rules, regulations,
personnel actions, permits, agreements, grants, contracts, certifi-
cates, licenses, registrations, and privileges.
(b) PENDING PROCEEDINGS.—Subject to the authority of the
Secretary under this Act—
(1) pending proceedings in an agency, including notices
of proposed rulemaking, and applications for licenses, permits,
certificates, grants, and financial assistance, shall continue not-
withstanding the enactment of this Act or the transfer of the
agency to the Department, unless discontinued or modified
under the same terms and conditions and to the same extent
that such discontinuance could have occurred if such enactment
or transfer had not occurred; and
(2) orders issued in such proceedings, and appeals there-
from, and payments made pursuant to such orders, shall issue
in the same manner and on the same terms as if this Act
had not been enacted or the agency had not been transferred,
and any such orders shall continue in effect until amended,
modified, superseded, terminated, set aside, or revoked by an
officer of the United States or a court of competent jurisdiction,
or by operation of law.
(c) PENDING CIVIL ACTIONS.—Subject to the authority of the
Secretary under this Act, pending civil actions shall continue not-
withstanding the enactment of this Act or the transfer of an agency
to the Department, and in such civil actions, proceedings shall
be had, appeals taken, and judgments rendered and enforced in
the same manner and with the same effect as if such enactment
or transfer had not occurred.
(d) REFERENCES.—References relating to an agency that is
transferred to the Department in statutes, Executive orders, rules,
regulations, directives, or delegations of authority that precede such
transfer or the effective date of this Act shall be deemed to refer,
as appropriate, to the Department, to its officers, employees, or
agents, or to its corresponding organizational units or functions.
Statutory reporting requirements that applied in relation to such
an agency immediately before the effective date of this Act shall
continue to apply following such transfer if they refer to the agency
by name.
H. R. 5005—177
(e) EMPLOYMENT PROVISIONS.—(1) Notwithstanding the gen-
erality of the foregoing (including subsections (a) and (d)), in and
for the Department the Secretary may, in regulations prescribed
jointly with the Director of the Office of Personnel Management,
adopt the rules, procedures, terms, and conditions, established by
statute, rule, or regulation before the effective date of this Act,
relating to employment in any agency transferred to the Depart-
ment pursuant to this Act; and
(2) except as otherwise provided in this Act, or under authority
granted by this Act, the transfer pursuant to this Act of personnel
shall not alter the terms and conditions of employment, including
compensation, of any employee so transferred.
(f) STATUTORY
REPORTING
REQUIREMENTS.—Any statutory
reporting requirement that applied to an agency, transferred to
the Department under this Act, immediately before the effective
date of this Act shall continue to apply following that transfer
if the statutory requirement refers to the agency by name.
SEC. 1513. TERMINATIONS.
Except as otherwise provided in this Act, whenever all the
functions vested by law in any agency have been transferred pursu-
ant to this Act, each position and office the incumbent of which
was authorized to receive compensation at the rates prescribed
for an office or position at level II, III, IV, or V, of the Executive
Schedule, shall terminate.
SEC. 1514. NATIONAL IDENTIFICATION SYSTEM NOT AUTHORIZED.
Nothing in this Act shall be construed to authorize the develop-
ment of a national identification system or card.
SEC. 1515. CONTINUITY OF INSPECTOR GENERAL OVERSIGHT.
Notwithstanding the transfer of an agency to the Department
pursuant to this Act, the Inspector General that exercised oversight
of such agency prior to such transfer shall continue to exercise
oversight of such agency during the period of time, if any, between
the transfer of such agency to the Department pursuant to this
Act and the appointment of the Inspector General of the Department
of Homeland Security in accordance with section 103(b).
SEC. 1516. INCIDENTAL TRANSFERS.
The Director of the Office of Management and Budget, in con-
sultation with the Secretary, is authorized and directed to make
such additional incidental dispositions of personnel, assets, and
liabilities held, used, arising from, available, or to be made avail-
able, in connection with the functions transferred by this Act,
as the Director may determine necessary to accomplish the purposes
of this Act.
SEC. 1517. REFERENCE.
With respect to any function transferred by or under this Act
(including under a reorganization plan that becomes effective under
section 1502) and exercised on or after the effective date of this
Act, reference in any other Federal law to any department, commis-
sion, or agency or any officer or office the functions of which
are so transferred shall be deemed to refer to the Secretary, other
official, or component of the Department to which such function
is so transferred.
H. R. 5005—178
TITLE XVI—CORRECTIONS TO EXISTING
LAW RELATING TO AIRLINE TRANS-
PORTATION SECURITY
SEC. 1601. RETENTION OF SECURITY SENSITIVE INFORMATION
AUTHORITY AT DEPARTMENT OF TRANSPORTATION.
(a) Section 40119 of title 49, United States Code, is amended—
(1) in subsection (a)—
(A) by inserting ‘‘and the Administrator of the Federal
Aviation Administration each’’ after ‘‘for Security’’; and
(B) by striking ‘‘criminal violence and aircraft piracy’’
and inserting ‘‘criminal violence, aircraft piracy, and ter-
rorism and to ensure security’’; and
(2) in subsection (b)(1)—
(A) by striking ‘‘, the Under Secretary’’ and inserting
‘‘and the establishment of a Department of Homeland Secu-
rity, the Secretary of Transportation’’;
(B) by striking ‘‘carrying out’’ and all that follows
through ‘‘if the Under Secretary’’ and inserting ‘‘ensuring
security under this title if the Secretary of Transportation’’;
and
(C) in subparagraph (C) by striking ‘‘the safety of pas-
sengers in transportation’’ and inserting ‘‘transportation
safety’’.
(b) Section 114 of title 49, United States Code, is amended
by adding at the end the following:
‘‘(s) NONDISCLOSURE OF SECURITY ACTIVITIES.—
‘‘(1) IN GENERAL.—Notwithstanding section 552 of title 5,
the Under Secretary shall prescribe regulations prohibiting the
disclosure of information obtained or developed in carrying
out security under authority of the Aviation and Transportation
Security Act (Public Law 107–71) or under chapter 449 of
this title if the Under Secretary decides that disclosing the
information would—
‘‘(A) be an unwarranted invasion of personal privacy;
‘‘(B) reveal a trade secret or privileged or confidential
commercial or financial information; or
‘‘(C) be detrimental to the security of transportation.
‘‘(2) AVAILABILITY OF INFORMATION TO CONGRESS.—Para-
graph (1) does not authorize information to be withheld from
a committee of Congress authorized to have the information.
‘‘(3) LIMITATION ON TRANSFERABILITY OF DUTIES.—Except
as otherwise provided by law, the Under Secretary may not
transfer a duty or power under this subsection to another
department, agency, or instrumentality of the United States.’’.
SEC. 1602. INCREASE IN CIVIL PENALTIES.
Section 46301(a) of title 49, United States Code, is amended
by adding at the end the following:
‘‘(8) AVIATION
SECURITY
VIOLATIONS.—Notwithstanding
paragraphs (1) and (2) of this subsection, the maximum civil
penalty for violating chapter 449 or another requirement under
this title administered by the Under Secretary of Transpor-
tation for Security shall be $10,000; except that the maximum
civil penalty shall be $25,000 in the case of a person operating
H. R. 5005—179
an aircraft for the transportation of passengers or property
for compensation (except an individual serving as an airman).’’.
SEC. 1603. ALLOWING UNITED STATES CITIZENS AND UNITED STATES
NATIONALS AS SCREENERS.
Section 44935(e)(2)(A)(ii) of title 49, United States Code, is
amended by striking ‘‘citizen of the United States’’ and inserting
‘‘citizen of the United States or a national of the United States,
as defined in section 1101(a)(22) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(22))’’.
TITLE XVII—CONFORMING AND
TECHNICAL AMENDMENTS
SEC. 1701. INSPECTOR GENERAL ACT OF 1978.
Section 11 of the Inspector General Act of 1978 (Public Law
95–452) is amended—
(1) by inserting ‘‘Homeland Security,’’ after ‘‘Transpor-
tation,’’ each place it appears; and
(2) by striking ‘‘; and’’ each place it appears in paragraph
(1) and inserting ‘‘;’’.
SEC. 1702. EXECUTIVE SCHEDULE.
(a) IN GENERAL.—Title 5, United States Code, is amended—
(1) in section 5312, by inserting ‘‘Secretary of Homeland
Security.’’ as a new item after ‘‘Affairs.’’;
(2) in section 5313, by inserting ‘‘Deputy Secretary of Home-
land Security.’’ as a new item after ‘‘Affairs.’’;
(3) in section 5314, by inserting ‘‘Under Secretaries, Depart-
ment of Homeland Security.’’, ‘‘Director of the Bureau of Citizen-
ship and Immigration Services.’’ as new items after ‘‘Affairs.’’
the third place it appears;
(4) in section 5315, by inserting ‘‘Assistant Secretaries,
Department of Homeland Security.’’, ‘‘General Counsel, Depart-
ment of Homeland Security.’’, ‘‘Officer for Civil Rights and
Civil Liberties, Department of Homeland Security.’’, ‘‘Chief
Financial Officer, Department of Homeland Security.’’, ‘‘Chief
Information Officer, Department of Homeland Security.’’, and
‘‘Inspector General, Department of Homeland Security.’’ as new
items after ‘‘Affairs.’’ the first place it appears; and
(5) in section 5315, by striking ‘‘Commissioner of Immigra-
tion and Naturalization, Department of Justice.’’.
(b) SPECIAL EFFECTIVE DATE.—Notwithstanding section 4, the
amendment made by subsection (a)(5) shall take effect on the date
on which the transfer of functions specified under section 441
takes effect.
SEC. 1703. UNITED STATES SECRET SERVICE.
(a) IN GENERAL.—(1) The United States Code is amended in
section 202 of title 3, and in section 3056 of title 18, by striking
‘‘of the Treasury’’, each place it appears and inserting ‘‘of Homeland
Security’’.
(2) Section 208 of title 3, United States Code, is amended
by striking ‘‘of Treasury’’ each place it appears and inserting ‘‘of
Homeland Security’’.
H. R. 5005—180
(b) EFFECTIVE DATE.—The amendments made by this section
shall take effect on the date of transfer of the United States Secret
Service to the Department.
SEC. 1704. COAST GUARD.
(a) TITLE 14, UNITED STATES CODE.—Title 14, United States
Code, is amended in sections 1, 3, 53, 95, 145, 516, 666, 669,
673, 673a (as redesignated by subsection (e)(1)), 674, 687, and
688 by striking ‘‘of Transportation’’ each place it appears and
inserting ‘‘of Homeland Security’’.
(b) TITLE 10, UNITED STATES CODE.—(1) Title 10, United States
Code, is amended in sections 101(9), 130b(a), 130b(c)(4), 130c(h)(1),
379, 513(d), 575(b)(2), 580(e)(6), 580a(e), 651(a), 671(c)(2), 708(a),
716(a), 717, 806(d)(2), 815(e), 888, 946(c)(1), 973(d), 978(d),
983(b)(1), 985(a), 1033(b)(1), 1033(d), 1034, 1037(c), 1044d(f),
1058(c), 1059(a), 1059(k)(1), 1073(a), 1074(c)(1), 1089(g)(2), 1090,
1091(a), 1124, 1143, 1143a(h), 1144, 1145(e), 1148, 1149, 1150(c),
1152(a), 1152(d)(1), 1153, 1175, 1212(a), 1408(h)(2), 1408(h)(8),
1463(a)(2), 1482a(b), 1510, 1552(a)(1), 1565(f), 1588(f)(4), 1589,
2002(a), 2302(1), 2306b(b), 2323(j)(2), 2376(2), 2396(b)(1), 2410a(a),
2572(a), 2575(a), 2578, 2601(b)(4), 2634(e), 2635(a), 2734(g), 2734a,
2775, 2830(b)(2), 2835, 2836, 4745(a), 5013a(a), 7361(b), 10143(b)(2),
10146(a), 10147(a), 10149(b), 10150, 10202(b), 10203(d), 10205(b),
10301(b), 12103(b), 12103(d), 12304, 12311(c), 12522(c), 12527(a)(2),
12731(b), 12731a(e), 16131(a), 16136(a), 16301(g), and 18501 by
striking ‘‘of Transportation’’ each place it appears and inserting
‘‘of Homeland Security’’.
(2) Section 801(1) of such title is amended by striking ‘‘the
General Counsel of the Department of Transportation’’ and inserting
‘‘an official designated to serve as Judge Advocate 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 ‘‘Depart-
ment of Transportation’’ and inserting ‘‘Department 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 Transportation’’ both places it
appears and inserting ‘‘Secretary of the Army, the Secretary
of the Air Force, and the Secretary of Homeland Security’’;
and
(B) in subsection (b), by striking ‘‘Department of Transpor-
tation’’ and inserting ‘‘Department of Homeland Security’’.
(6) Section 7361(b) of such title is amended in the subsection
heading by striking ‘‘TRANSPORTATION’’ and inserting ‘‘HOMELAND
SECURITY’’.
(7) Section 12522(c) of such title is amended in the subsection
heading by striking ‘‘TRANSPORTATION’’ and inserting ‘‘HOMELAND
SECURITY’’.
(c) TITLE 37, UNITED STATES CODE.—Title 37, United States
Code, is amended in sections 101(5), 204(i)(4), 301a(a)(3), 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
H. R. 5005—182
inserting ‘‘Secretary of a military department, and the Secretary
of Homeland Security 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’’.
(f) 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 relating to such
section as section 673a.
(g) EFFECTIVE DATE.—The amendments made by this section
(other than subsection (f)) shall take effect on the date of transfer
of the Coast Guard to the Department.
SEC. 1705. STRATEGIC NATIONAL STOCKPILE AND SMALLPOX 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 Serv-
ices’’ and inserting ‘‘Secretary of Homeland Security’’;
(B) by inserting ‘‘the Secretary of Health and Human
Services and’’ between ‘‘in coordination with’’ and ‘‘the Sec-
retary of Veterans Affairs’’; and
(C) by inserting ‘‘of Health and Human Services’’ after
‘‘as are determined by the Secretary’’; 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 Strategic National
Stockpile of the Department of Health and Human Services to
the Department.
SEC. 1706. TRANSFER OF CERTAIN SECURITY AND LAW ENFORCEMENT
FUNCTIONS AND AUTHORITIES.
(a) AMENDMENT TO TITLE 40.—Section 581 of title 40, United
States Code, is amended—
(1) by striking subsection (a); and
(2) in subsection (b)—
(A) by inserting ‘‘and’’ after the semicolon at the end
of paragraph (1);
(B) by striking ‘‘; and’’ at the end of paragraph (2)
and inserting a period; and
(C) by striking paragraph (3).
(b) LAW ENFORCEMENT AUTHORITY.—
(1) IN GENERAL.—Section 1315 of title 40, United States
Code, is amended to read as follows:
‘‘§ 1315. Law enforcement authority of Secretary of Homeland
Security for protection of public property
‘‘(a) IN GENERAL.—To the extent provided for by transfers made
pursuant to the Homeland Security Act of 2002, the Secretary
of Homeland Security (in this section referred to as the ‘Secretary’)
shall protect the buildings, grounds, and property that are owned,
occupied, or secured by the Federal Government (including any
H. R. 5005—183
agency, instrumentality, or wholly owned or mixed-ownership cor-
poration thereof) and the persons on the property.
‘‘(b) OFFICERS AND AGENTS.—
‘‘(1) 
DESIGNATION.—The 
Secretary 
may 
designate
employees of the Department of Homeland Security, including
employees transferred to the Department from the Office of
the Federal Protective Service of the General Services Adminis-
tration 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 Government
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 performance 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;
‘‘(D) serve warrants and subpoenas issued under the
authority of the United States;
‘‘(E) conduct investigations, on and off the property
in question, of offenses that may have been committed
against property owned or occupied by the Federal Govern-
ment or persons on the property; and
‘‘(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 consultation 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 pen-
alties, within the limits prescribed in paragraph (2), for viola-
tions of the regulations. The regulations shall be posted and
remain posted in a conspicuous place on the property.
‘‘(2) PENALTIES.—A person violating a regulation prescribed
under this subsection shall be fined under title 18, United
States Code, imprisoned for not more than 30 days, or both.
‘‘(d) DETAILS.—
‘‘(1) REQUESTS OF AGENCIES.—On the request of the head
of a Federal agency having charge or control 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 Secretary may—
‘‘(A) extend to property referred to in paragraph (1)
the applicability of regulations prescribed under this sec-
tion and enforce the regulations as provided in this section;
or
H. R. 5005—184
‘‘(B) utilize the authority and regulations of the
requesting agency if agreed to in writing by the agencies.
‘‘(3) FACILITIES AND SERVICES OF OTHER AGENCIES.—When
the Secretary determines it to be economical 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 protec-
tion of property owned or occupied by the Federal Government
and persons on the property, the Secretary may enter into agree-
ments with Federal agencies and with State and local governments
to obtain authority for officers and agents designated under this
section to enforce Federal laws and State and local laws concur-
rently with other Federal law enforcement officers and with State
and local law enforcement officers.
‘‘(f) SECRETARY
AND
ATTORNEY
GENERAL
APPROVAL.—The
powers granted to officers and agents designated 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 Federal law
enforcement agency; or
‘‘(2) restrict the authority of the Administrator of General
Services to promulgate regulations affecting property under
the Administrator’s custody and control.’’.
(2) DELEGATION OF AUTHORITY.—The Secretary may dele-
gate authority for the protection of specific buildings to another
Federal agency where, in the Secretary’s discretion, the Sec-
retary determines it necessary for the protection of that
building.
(3) CLERICAL AMENDMENT.—The table of sections at the
beginning of chapter 13 of title 40, United States Code, is
amended by striking the item relating to section 1315 and
inserting the following:
‘‘1315. Law enforcement authority of Secretary of Homeland Security for protection
of public property.’’.
SEC. 1707. 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 90 days’’ after ‘‘effective’’; and
(2) in section 114(l)(2)(B), by inserting ‘‘ratified or’’ after
‘‘unless’’.
SEC. 1708. NATIONAL BIO-WEAPONS DEFENSE ANALYSIS CENTER.
There is established in the Department of Defense a National
Bio-Weapons Defense Analysis Center, whose mission is to develop
countermeasures to potential attacks by terrorists using weapons
of mass destruction.
SEC. 1709. COLLABORATION WITH THE SECRETARY OF HOMELAND
SECURITY.
(a) DEPARTMENT
OF
HEALTH
AND
HUMAN
SERVICES.—The
second sentence of section 351A(e)(1) of the Public Health Service
Act (42 U.S.C. 262A(e)(1)) is amended by striking ‘‘consultation
with’’ and inserting ‘‘collaboration with the Secretary of Homeland
Security and’’.
H. R. 5005—185
(b) DEPARTMENT OF AGRICULTURE.—The second sentence of sec-
tion 212(e)(1) of the Agricultural Bioterrorism Protection Act of
2002 (7 U.S.C. 8401) is amended by striking ‘‘consultation with’’
and inserting ‘‘collaboration with the Secretary of Homeland Secu-
rity and’’.
SEC. 1710. RAILROAD SAFETY TO INCLUDE RAILROAD SECURITY.
(a) INVESTIGATION
AND
SURVEILLANCE
ACTIVITIES.—Section
20105 of title 49, United States Code, is amended—
(1) by striking ‘‘Secretary of Transportation’’ in the first
sentence of subsection (a) and inserting ‘‘Secretary concerned’’;
(2) by striking ‘‘Secretary’’ each place it appears (except
the first sentence of subsection (a)) and inserting ‘‘Secretary
concerned’’;
(3) by striking ‘‘Secretary’s duties under chapters 203–
213 of this title’’ in subsection (d) and inserting ‘‘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 Security).’’; and
(5) by adding at the end the following new subsection:
‘‘(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 concerning 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 pre-
scribing a security regulation or issuing a security order that affects
the safety of railroad operations, the Secretary of Homeland Secu-
rity shall consult with the Secretary.’’.
(c) NATIONAL UNIFORMITY OF REGULATION.—Section 20106 of
such title is amended—
(1) by inserting ‘‘and laws, regulations, and orders 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 SECURITY.
(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 ‘‘transportation, including
security,’’;
(2) by striking ‘‘aspects’’ in subsection (b)(1)(B) and
inserting ‘‘aspects, including security,’’; and
(3) by adding at the end the following:
H. R. 5005—186
‘‘(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 prescribed under
this chapter’’ in subsection (a)(1) and inserting ‘‘chapter, a
regulation prescribed under this chapter, or a hazardous mate-
rials transportation security regulation or directive issued by
the Secretary of Homeland Security’’;
(2) by striking ‘‘chapter or a regulation prescribed under
this chapter.’’ in subsection (a)(2) and inserting ‘‘chapter, a
regulation prescribed under this chapter, or a hazardous mate-
rials transportation security regulation or directive issued by
the Secretary of Homeland Security.’’; and
(3) by striking ‘‘chapter or a regulation prescribed under
this chapter,’’ in subsection (b)(1) and inserting ‘‘chapter, a
regulation prescribed under this chapter, or a hazardous mate-
rials transportation 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, Organization, 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 paragraphs:
‘‘(13) The Under Secretary for Science and Technology of
the Department of Homeland Security.
‘‘(14) Other Federal officials the Council considers appro-
priate.’’.
SEC. 1714. CLARIFICATION OF DEFINITION OF MANUFACTURER.
Section 2133(3) of the Public Health Service Act (42 U.S.C.
300aa–33(3)) is amended—
(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 ingredient of any such vaccine’’; and
(2) in the second sentence, by inserting ‘‘including any
component or ingredient of any such vaccine’’ before the period.
SEC. 1715. CLARIFICATION OF DEFINITION OF VACCINE-RELATED
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 component or ingredient listed in a vaccine’s
product license application or product label.’’.