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(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, U.S.C.—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 ap-
pears and inserting ‘‘of Homeland Security’’.
(b) TITLE 10, U.S.C.—(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),
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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 Ad-
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’’.
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(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),
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) TITLE 38, U.S.C.—Title 38, United States Code,
is amended in sections 101(25)(d), 1560(a), 3002(5),
3011(a)(1)(A)(ii)(I), 
3011(a)(1)(A)(ii)(II),
3011(a)(1)(B)(ii)(III), 
3011(a)(1)(C)(iii)(II)(cc),
3012(b)(1)(A)(v), 3012(b)(1)(B)(ii)(V), 3018(b)(3)(B)(iv),
3018A(a)(3), 
3018B(a)(1)(C), 
3018B(a)(2)(C),
3018C(a)(5), 
3020(m), 
3035(b)(2), 
3035(c), 
3035(d),
3035(e), 3680A(g), and 6105(c) by striking ‘‘of Transpor-
tation’’ each place it appears and inserting ‘‘of Homeland
Security’’.
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(e) 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’’.
(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’’.
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(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 the Elementary and Secondary
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—
(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
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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’’.
(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 relat-
ing 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 SMALL-
POX VACCINE DEVELOPMENT.
(a) IN GENERAL.—Section 121 of the Public Health
Security and Bioterrorism Preparedness and Response Act
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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-
tegic National Stockpile of the Department of Health and
Human Services to the Department.
SEC. 1706. TRANSFER OF CERTAIN SECURITY AND LAW EN-
FORCEMENT FUNCTIONS AND AUTHORITIES.
(a) AMENDMENT TO TITLE 40.—Section 581 of title
40, United States Code, is amended—
(1) by striking subsection (a); and
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(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 para-
graph (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 pub-
lic 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 agency, instru-
mentality, or wholly owned or mixed-ownership corporation
thereof) and the persons on the property.
‘‘(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
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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;
‘‘(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-
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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.—
‘‘(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
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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
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-
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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.’’.
(2) DELEGATION OF AUTHORITY.—The Secretary
may delegate authority for the protection of specific
buildings to another Federal agency where, in the
Secretary’s discretion, the Secretary determines it
necessary for the protection of that building.
(3) CLERICAL AMENDMENT.—The table of sec-
tions 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 protec-
tion of public property.’’.
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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 mis-
sion 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 SERV-
ICES.—The second sentence of section 351A(e)(1) of the Pub-
lic Health Service Act (42 U.S.C. 262A(e)(1)) is amended
by striking ‘‘consultation with’’ and inserting ‘‘collabora-
tion with the Secretary of Homeland Security and’’.
(b) DEPARTMENT OF AGRICULTURE.—The second sen-
tence of section 212(e)(1) of the Agricultural Bioterrorism
Protection Act of 2002 (7 U.S.C. 8401) is amended by strik-
ing ‘‘consultation with’’ and inserting ‘‘collaboration with
the Secretary of Homeland Security and’’.
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SEC. 1710. RAILROAD SAFETY TO INCLUDE RAILROAD SECU-
RITY.
(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 ‘‘Sec-
retary concerned’’;
(2) by striking ‘‘Secretary’’ each place it appears
(except the first sentence of subsection (a)) and insert-
ing ‘‘Secretary concerned’’;
(3) by striking ‘‘Secretary’s duties under chap-
ters 203–213 of this title’’ in subsection (d) and in-
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—
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‘‘(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 fol-
lowing: ‘‘When prescribing a security regulation or issuing
a security order that affects the safety of railroad oper-
ations, the Secretary of Homeland Security shall consult
with the Secretary.’’.
(c) NATIONAL UNIFORMITY OF REGULATION.—Section
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 Home-
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land Security (with respect to railroad security mat-
ters),’’.
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 ‘‘transpor-
tation, 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:
‘‘(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 transportation se-
curity regulation or directive issued by the Secretary
of Homeland Security’’;