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[Congressional Record: November 19, 2002 (Senate)]
[Page S11507-S11511]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr19no02pt2-8]
[[pp. S11507-S11511]] S E N A T E
[[Continued from page S11506]]
[[Page S11506]]
costs of academic degree training from appropriated or other
available funds if such training--
``(1) contributes significantly to--
``(A) meeting an identified agency training need;
``(B) resolving an identified agency staffing problem; or
``(C) accomplishing goals in the strategic plan of the
agency;
``(2) is part of a planned, systemic, and coordinated
agency employee development program linked to accomplishing
the strategic goals of the agency; and
``(3) is accredited and is provided by a college or
university that is accredited by a nationally recognized
body.
``(b) In exercising authority under subsection (a), an
agency shall--
``(1) consistent with the merit system principles set forth
in paragraphs (2) and (7) of section 2301(b), take into
consideration the need to--
``(A) maintain a balanced workforce in which women, members
of racial and ethnic minority groups, and persons with
disabilities are appropriately represented in Government
service; and
``(B) provide employees effective education and training to
improve organizational and individual performance;
``(2) assure that the training is not for the sole purpose
of providing an employee an opportunity to obtain an academic
degree or qualify for appointment to a particular position
for which the academic degree is a basic requirement;
``(3) assure that no authority under this subsection is
exercised on behalf of any employee occupying or seeking to
qualify for--
``(A) a noncareer appointment in the senior Executive
Service; or
``(B) appointment to any position that is excepted from the
competitive service because of its confidential policy-
determining, policy-making or policy-advocating character;
and
``(4) to the greatest extent practicable, facilitate the
use of online degree training.''.
(b) Technical and Conforming Amendment.--The table of
sections for chapter 41 of title 5, United States Code, is
amended by striking the item relating to section 4107 and
inserting the following:
``4107. Academic degree training.''.
SEC. 1332. MODIFICATIONS TO NATIONAL SECURITY EDUCATION
PROGRAM.
(a) Findings and Policies.--
(1) Findings.--Congress finds that--
(A) the United States Government actively encourages and
financially supports the training, education, and development
of many United States citizens;
(B) as a condition of some of those supports, many of those
citizens have an obligation to seek either compensated or
uncompensated employment in the Federal sector; and
(C) it is in the United States national interest to
maximize the return to the Nation of funds invested in the
development of such citizens by seeking to employ them in the
Federal sector.
(2) Policy.--It shall be the policy of the United States
Government to--
(A) establish procedures for ensuring that United States
citizens who have incurred service obligations as the result
of receiving financial support for education and training
from the United States Government and have applied for
Federal positions are considered in all recruitment and
hiring initiatives of Federal departments, bureaus, agencies,
and offices; and
(B) advertise and open all Federal positions to United
States citizens who have incurred service obligations with
the United States Government as the result of receiving
financial support for education and training from the United
States Government.
(b) Fulfillment of Service Requirement if National Security
Positions Are Unavailable.--Section 802(b)(2) of the David L.
Boren National Security Education Act of 1991 (50 U.S.C.
1902) is amended--
(1) in subparagraph (A), by striking clause (ii) and
inserting the following:
``(ii) if the recipient demonstrates to the Secretary (in
accordance with such regulations) that no national security
position in an agency or office of the Federal Government
having national security responsibilities is available, work
in other offices or agencies of the Federal Government or in
the field of higher education in a discipline relating to the
foreign country, foreign language, area study, or
international field of study for which the scholarship was
awarded, for a period specified by the Secretary, which
period shall be determined in accordance with clause (i);
or''; and
(2) in subparagraph (B), by striking clause (ii) and
inserting the following:
``(ii) if the recipient demonstrates to the Secretary (in
accordance with such regulations) that no national security
position is available upon the completion of the degree, work
in other offices or agencies of the Federal Government or in
the field of higher education in a discipline relating to
foreign country, foreign language, area study, or
international field of study for which the fellowship was
awarded, for a period specified by the Secretary, which
period shall be determined in accordance with clause (i);
and''.
TITLE XIV--ARMING PILOTS AGAINST TERRORISM
SEC. 1401. SHORT TITLE.
This title may be cited as the ``Arming Pilots Against
Terrorism Act''.
SEC. 1402. FEDERAL FLIGHT DECK OFFICER PROGRAM.
(a) In General.--Subchapter I of chapter 449 of title 49,
United States Code, is amended by adding at the end the
following:
``Sec. 44921. Federal flight deck officer program
``(a) Establishment.--The Under Secretary of Transportation
for Security shall establish a program to deputize volunteer
pilots of air carriers providing passenger air transportation
or intrastate passenger air transportation as Federal law
enforcement officers to defend the flight decks of aircraft
of such air carriers against acts of criminal violence or air
piracy. Such officers shall be known as `Federal flight deck
officers'.
``(b) Procedural Requirements.--
``(1) In general.--Not later than 3 months after the date
of enactment of this section, the Under Secretary shall
establish procedural requirements to carry out the program
under this section.
``(2) Commencement of program.--Beginning 3 months after
the date of enactment of this section, the Under Secretary
shall begin the process of training and deputizing pilots who
are qualified to be Federal flight deck officers as Federal
flight deck officers under the program.
``(3) Issues to be addressed.--The procedural requirements
established under paragraph (1) shall address the following
issues:
``(A) The type of firearm to be used by a Federal flight
deck officer.
``(B) The type of ammunition to be used by a Federal flight
deck officer.
``(C) The standards and training needed to qualify and
requalify as a Federal flight deck officer.
``(D) The placement of the firearm of a Federal flight deck
officer on board the aircraft to ensure both its security and
its ease of retrieval in an emergency.
``(E) An analysis of the risk of catastrophic failure of an
aircraft as a result of the discharge (including an
accidental discharge) of a firearm to be used in the program
into the avionics, electrical systems, or other sensitive
areas of the aircraft.
``(F) The division of responsibility between pilots in the
event of an act of criminal violence or air piracy if only 1
pilot is a Federal flight deck officer and if both pilots are
Federal flight deck officers.
``(G) Procedures for ensuring that the firearm of a Federal
flight deck officer does not leave the cockpit if there is a
disturbance in the passenger cabin of the aircraft or if the
pilot leaves the cockpit for personal reasons.
``(H) Interaction between a Federal flight deck officer and
a Federal air marshal on board the aircraft.
``(I) The process for selection of pilots to participate in
the program based on their fitness to participate in the
program, including whether an additional background check
should be required beyond that required by section
44936(a)(1).
``(J) Storage and transportation of firearms between
flights, including international flights, to ensure the
security of the firearms, focusing particularly on whether
such security would be enhanced by requiring storage of the
firearm at the airport when the pilot leaves the airport to
remain overnight away from the pilot's base airport.
``(K) Methods for ensuring that security personnel will be
able to identify whether a pilot is authorized to carry a
firearm under the program.
``(L) Methods for ensuring that pilots (including Federal
flight deck officers) will be able to identify whether a
passenger is a law enforcement officer who is authorized to
carry a firearm aboard the aircraft.
``(M) Any other issues that the Under Secretary considers
necessary.
``(N) The Under Secretary's decisions regarding the methods
for implementing each of the foregoing procedural
requirements shall be subject to review only for abuse of
discretion.
``(4) Preference.--In selecting pilots to participate in
the program, the Under Secretary shall give preference to
pilots who are former military or law enforcement personnel.
``(5) Classified information.--Notwithstanding section 552
of title 5 but subject to section 40119 of this title,
information developed under paragraph (3)(E) shall not be
disclosed.
``(6) Notice to congress.--The Under Secretary shall
provide notice to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate after completing the analysis required by paragraph
(3)(E).
``(7) Minimization of risk.--If the Under Secretary
determines as a result of the analysis under paragraph (3)(E)
that there is a significant risk of the catastrophic failure
of an aircraft as a result of the discharge of a firearm, the
Under Secretary shall take such actions as may be necessary
to minimize that risk.
``(c) Training, Supervision, and Equipment.--
``(1) In general.--The Under Secretary shall only be
obligated to provide the training, supervision, and equipment
necessary for a pilot to be a Federal flight deck officer
under this section at no expense to the pilot or the air
carrier employing the pilot.
``(2) Training.--
``(A) In general.--The Under Secretary shall base the
requirements for the training of Federal flight deck officers
under subsection (b) on the training standards applicable to
Federal air marshals; except that the Under Secretary shall
take into account the differing roles and responsibilities of
Federal flight deck officers and Federal air marshals.
``(B) Elements.--The training of a Federal flight deck
officer shall include, at a minimum, the following elements:
``(i) Training to ensure that the officer achieves the
level of proficiency with a firearm required under
subparagraph (C)(i).
``(ii) Training to ensure that the officer maintains
exclusive control over the officer's firearm at all times,
including training in defensive maneuvers.
[[Page S11507]]
``(iii) Training to assist the officer in determining when
it is appropriate to use the officer's firearm and when it is
appropriate to use less than lethal force.
``(C) Training in use of firearms.--
``(i) Standard.--In order to be deputized as a Federal
flight deck officer, a pilot must achieve a level of
proficiency with a firearm that is required by the Under
Secretary. Such level shall be comparable to the level of
proficiency required of Federal air marshals.
``(ii) Conduct of training.--The training of a Federal
flight deck officer in the use of a firearm may be conducted
by the Under Secretary or by a firearms training facility
approved by the Under Secretary.
``(iii) Requalification.--The Under Secretary shall require
a Federal flight deck officer to requalify to carry a firearm
under the program. Such requalification shall occur at an
interval required by the Under Secretary.
``(d) Deputization.--
``(1) In general.--The Under Secretary may deputize, as a
Federal flight deck officer under this section, a pilot who
submits to the Under Secretary a request to be such an
officer and whom the Under Secretary determines is qualified
to be such an officer.
``(2) Qualification.--A pilot is qualified to be a Federal
flight deck officer under this section if--
``(A) the pilot is employed by an air carrier;
``(B) the Under Secretary determines (in the Under
Secretary's discretion) that the pilot meets the standards
established by the Under Secretary for being such an officer;
and
``(C) the Under Secretary determines that the pilot has
completed the training required by the Under Secretary.
``(3) Deputization by other federal agencies.--The Under
Secretary may request another Federal agency to deputize, as
Federal flight deck officers under this section, those pilots
that the Under Secretary determines are qualified to be such
officers.
``(4) Revocation.--The Under Secretary may, (in the Under
Secretary's discretion) revoke the deputization of a pilot as
a Federal flight deck officer if the Under Secretary finds
that the pilot is no longer qualified to be such an officer.
``(e) Compensation.--Pilots participating in the program
under this section shall not be eligible for compensation
from the Federal Government for services provided as a
Federal flight deck officer. The Federal Government and air
carriers shall not be obligated to compensate a pilot for
participating in the program or for the pilot's training or
qualification and requalification to carry firearms under the
program.
``(f) Authority To Carry Firearms.--
``(1) In general.--The Under Secretary shall authorize a
Federal flight deck officer to carry a firearm while engaged
in providing air transportation or intrastate air
transportation. Notwithstanding subsection (c)(1), the
officer may purchase a firearm and carry that firearm aboard
an aircraft of which the officer is the pilot in accordance
with this section if the firearm is of a type that may be
used under the program.
``(2) Preemption.--Notwithstanding any other provision of
Federal or State law, a Federal flight deck officer, whenever
necessary to participate in the program, may carry a firearm
in any State and from 1 State to another State.
``(3) Carrying firearms outside united states.--In
consultation with the Secretary of State, the Under Secretary
may take such action as may be necessary to ensure that a
Federal flight deck officer may carry a firearm in a foreign
country whenever necessary to participate in the program.
``(g) Authority To Use Force.--Notwithstanding section
44903(d), the Under Secretary shall prescribe the standards
and circumstances under which a Federal flight deck officer
may use, while the program under this section is in effect,
force (including lethal force) against an individual in the
defense of the flight deck of an aircraft in air
transportation or intrastate air transportation.
``(h) Limitation on Liability.--
``(1) Liability of air carriers.--An air carrier shall not
be liable for damages in any action brought in a Federal or
State court arising out of a Federal flight deck officer's
use of or failure to use a firearm.
``(2) Liability of federal flight deck officers.--A Federal
flight deck officer shall not be liable for damages in any
action brought in a Federal or State court arising out of the
acts or omissions of the officer in defending the flight deck
of an aircraft against acts of criminal violence or air
piracy unless the officer is guilty of gross negligence or
willful misconduct.
``(3) Liability of federal government.--For purposes of an
action against the United States with respect to an act or
omission of a Federal flight deck officer in defending the
flight deck of an aircraft, the officer shall be treated as
an employee of the Federal Government under chapter 171 of
title 28, relating to tort claims procedure.
``(i) Procedures Following Accidental Discharges.--If an
accidental discharge of a firearm under the pilot program
results in the injury or death of a passenger or crew member
on an aircraft, the Under Secretary--
``(1) shall revoke the deputization of the Federal flight
deck officer responsible for that firearm if the Under
Secretary determines that the discharge was attributable to
the negligence of the officer; and
``(2) if the Under Secretary determines that a shortcoming
in standards, training, or procedures was responsible for the
accidental discharge, the Under Secretary may temporarily
suspend the program until the shortcoming is corrected.
``(j) Limitation on Authority of Air Carriers.--No air
carrier shall prohibit or threaten any retaliatory action
against a pilot employed by the air carrier from becoming a
Federal flight deck officer under this section. No air
carrier shall--
``(1) prohibit a Federal flight deck officer from piloting
an aircraft operated by the air carrier, or
``(2) terminate the employment of a Federal flight deck
officer, solely on the basis of his or her volunteering for
or participating in the program under this section.
``(k) Applicability.--
``(1) Exemption.--This section shall not apply to air
carriers operating under part 135 of title 14, Code of
Federal Regulations, and to pilots employed by such carriers
to the extent that such carriers and pilots are covered by
section 135.119 of such title or any successor to such
section.
``(2) Pilot defined.--The term `pilot' means an individual
who has final authority and responsibility for the operation
and safety of the flight or, if more than 1 pilot is required
for the operation of the aircraft or by the regulations under
which the flight is being conducted, the individual
designated as second in command.''.
(b) Conforming Amendments.--
(1) Chapter analysis.--The analysis for such chapter is
amended by inserting after the item relating to section 44920
the following:
``44921. Federal flight deck officer program.''.
(2) Flight deck security.--Section 128 of the Aviation and
Transportation Security Act (Public Law 107-71) is repealed.
(c) Federal Air Marshal Program.--
(1) Sense of congress.--It is the sense of Congress that
the Federal air marshal program is critical to aviation
security.
(2) Limitation on statutory construction.--Nothing in this
Act, including any amendment made by this Act, shall be
construed as preventing the Under Secretary of Transportation
for Security from implementing and training Federal air
marshals.
SEC. 1403. CREW TRAINING.
(a) In General.--Section 44918(e) of title 49, United
States Code, is amended--
(1) by striking ``The Administrator'' and inserting the
following:
``(1) In general.--The Under Secretary'';
(2) by adding at the end the following:
``(2) Additional requirements.--In updating the training
guidance, the Under Secretary, in consultation with the
Administrator, shall issue a rule to--
``(A) require both classroom and effective hands-on
situational training in the following elements of self
defense:
``(i) recognizing suspicious activities and determining the
seriousness of an occurrence;
``(ii) deterring a passenger who might present a problem;
``(iii) crew communication and coordination;
``(iv) the proper commands to give to passengers and
attackers;
``(v) methods to subdue and restrain an attacker;
``(vi) use of available items aboard the aircraft for self-
defense;
``(vii) appropriate and effective responses to defend
oneself, including the use of force against an attacker;
``(viii) use of protective devices assigned to crew members
(to the extent such devices are approved by the Administrator
or Under Secretary);
``(ix) the psychology of terrorists to cope with their
behavior and passenger responses to that behavior;
``(x) how to respond to aircraft maneuvers that may be
authorized to defend against an act of criminal violence or
air piracy;
``(B) require training in the proper conduct of a cabin
search, including the duty time required to conduct the
search;
``(C) establish the required number of hours of training
and the qualifications for the training instructors;
``(D) establish the intervals, number of hours, and
elements of recurrent training;
``(E) ensure that air carriers provide the initial training
required by this paragraph within 24 months of the date of
enactment of this subparagraph; and
``(F) ensure that no person is required to participate in
any hands-on training activity that that person believes will
have an adverse impact on his or her health or safety.
``(3) Responsibility of under secretary.--(A)
Consultation.--In developing the rule under paragraph (2),
the Under Secretary shall consult with law enforcement
personnel and security experts who have expertise in self-
defense training, terrorism experts, and representatives of
air carriers, the provider of self-defense training for
Federal air marshals, flight attendants, labor organizations
representing flight attendants, and educational institutions
offering law enforcement training programs.
``(B) Designation of official.--The Under Secretary shall
designate an official in the Transportation Security
Administration to be responsible for overseeing the
implementation of the training program under this subsection.
``(C) Necessary resources and knowledge.--The Under
Secretary shall ensure that employees of the Administration
responsible for monitoring the training program have the
necessary resources and knowledge.''; and
(3) by aligning the remainder of the text of paragraph (1)
(as designated by paragraph (1) of this section) with
paragraphs (2) and (3) (as added by paragraph (2) of this
section).
(b) Enhance Security Measures.--Section 109(a) of the
Aviation and Transportation Security Act (49 U.S.C. 114 note;
115 Stat. 613-614) is amended by adding at the end the
following:
``(9) Require that air carriers provide flight attendants
with a discreet, hands-free, wireless method of communicating
with the pilots.''.
(c) Benefits and Risks of Providing Flight Attendants With
Nonlethal Weapons.--
[[Page S11508]]
(1) Study.--The Under Secretary of Transportation for
Security shall conduct a study to evaluate the benefits and
risks of providing flight attendants with nonlethal weapons
to aide in combating air piracy and criminal violence on
commercial airlines.
(2) Report.--Not later than 6 months after the date of
enactment of this Act, the Under Secretary shall transmit to
Congress a report on the results of the study.
SEC. 1404. COMMERCIAL AIRLINE SECURITY STUDY.
(a) Study.--The Secretary of Transportation shall conduct a
study of the following:
(1) The number of armed Federal law enforcement officers
(other than Federal air marshals), who travel on commercial
airliners annually and the frequency of their travel.
(2) The cost and resources necessary to provide such
officers with supplemental training in aircraft anti-
terrorism training that is comparable to the training that
Federal air marshals are provided.
(3) The cost of establishing a program at a Federal law
enforcement training center for the purpose of providing new
Federal law enforcement recruits with standardized training
comparable to the training that Federal air marshals are
provided.
(4) The feasibility of implementing a certification program
designed for the purpose of ensuring Federal law enforcement
officers have completed the training described in paragraph
(2) and track their travel over a 6-month period.
(5) The feasibility of staggering the flights of such
officers to ensure the maximum amount of flights have a
certified trained Federal officer on board.
(b) Report.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall transmit to
Congress a report on the results of the study. The report may
be submitted in classified and redacted form.
SEC. 1405. AUTHORITY TO ARM FLIGHT DECK CREW WITH LESS-THAN-
LETHAL WEAPONS.
(a) In General.--Section 44903(i) of title 49, United
States Code (as redesignated by section 6 of this Act) is
amended by adding at the end the following:
``(3) Request of air carriers to use less-than-lethal
weapons.--If, after the date of enactment of this paragraph,
the Under Secretary receives a request from an air carrier
for authorization to allow pilots of the air carrier to carry
less-than-lethal weapons, the Under Secretary shall respond
to that request within 90 days.''.
(b) Conforming Amendments.--Such section is further
amended--
(1) in paragraph (1) by striking ``Secretary'' the first
and third places it appears and inserting ``Under
Secretary''; and
(2) in paragraph (2) by striking ``Secretary'' each place
it appears and inserting ``Under Secretary''.
SEC. 1406. TECHNICAL AMENDMENTS.
Section 44903 of title 49, United States Code, is amended--
(1) by redesignating subsection (i) (relating to short-term
assessment and deployment of emerging security technologies
and procedures) as subsection (j);
(2) by redesignating the second subsection (h) (relating to
authority to arm flight deck crew with less-than-lethal
weapons) as subsection (i); and
(3) by redesignating the third subsection (h) (relating to
limitation on liability for acts to thwart criminal violence
for aircraft piracy) as subsection (k).
TITLE XV--TRANSITION
Subtitle A--Reorganization Plan
SEC. 1501. DEFINITIONS.
For purposes of this title:
(1) The term ``agency'' includes any entity, organizational
unit, program, or function.
(2) The term ``transition period'' means the 12-month
period beginning on the effective date of this Act.
SEC. 1502. REORGANIZATION PLAN.
(a) Submission of Plan.--Not later than 60 days after the
date of the enactment of this Act, the President shall
transmit to the appropriate congressional committees a
reorganization plan regarding the following:
(1) The transfer of agencies, personnel, assets, and
obligations to the Department pursuant to this Act.
(2) Any consolidation, reorganization, or streamlining of
agencies transferred to the Department pursuant to this Act.
(b) Plan Elements.--The plan transmitted under subsection
(a) shall contain, consistent with this Act, such elements as
the President deems appropriate, including the following:
(1) Identification of any functions of agencies transferred
to the Department pursuant to this Act that will not be
transferred to the Department under the plan.
(2) Specification of the steps to be taken by the Secretary
to organize the Department, including the delegation or
assignment of functions transferred to the Department among
officers of the Department in order to permit the Department
to carry out the functions transferred under the plan.
(3) Specification of the funds available to each agency
that will be transferred to the Department as a result of
transfers under the plan.
(4) Specification of the proposed allocations within the
Department of unexpended funds transferred in connection with
transfers under the plan.
(5) Specification of any proposed disposition of property,
facilities, contracts, records, and other assets and
obligations of agencies transferred under the plan.
(6) Specification of the proposed allocations within the
Department of the functions of the agencies and subdivisions
that are not related directly to securing the homeland.
(c) Modification of Plan.--The President may, on the basis
of consultations with the appropriate congressional
committees, modify or revise any part of the plan until that
part of the plan becomes effective in accordance with
subsection (d).
(d) Effective Date.--
(1) In general.--The reorganization plan described in this
section, including any modifications or revisions of the plan
under subsection (d), shall become effective for an agency on
the earlier of--
(A) the date specified in the plan (or the plan as modified
pursuant to subsection (d)), except that such date may not be
earlier than 90 days after the date the President has
transmitted the reorganization plan to the appropriate
congressional committees pursuant to subsection (a); or
(B) the end of the transition period.
(2) Statutory construction.--Nothing in this subsection may
be construed to require the transfer of functions, personnel,
records, balances of appropriations, or other assets of an
agency on a single date.
(3) Supersedes existing law.--Paragraph (1) shall apply
notwithstanding section 905(b) of title 5, United States
Code.
SEC. 1503. REVIEW OF CONGRESSIONAL COMMITTEE STRUCTURES.
It is the sense of Congress that each House of Congress
should review its committee structure in light of the
reorganization of responsibilities within the executive
branch by the establishment of the Department.
Subtitle B--Transitional Provisions
SEC. 1511. TRANSITIONAL AUTHORITIES.
(a) Provision of Assistance by Officials.--Until the
transfer of an agency to the Department, any official having
authority over or functions relating to the agency
immediately before the effective date of this Act shall
provide to the Secretary such assistance, including the use
of personnel and assets, as the Secretary may request in
preparing for the transfer and integration of the agency into
the Department.
(b) Services and Personnel.--During the transition period,
upon the request of the Secretary, the head of any executive
agency may, on a reimbursable basis, provide services or
detail personnel to assist with the transition.
(c) Acting Officials.--(1) During the transition period,
pending the advice and consent of the Senate to the
appointment of an officer required by this Act to be
appointed by and with such advice and consent, the President
may designate any officer whose appointment was required to
be made by and with such advice and consent and who was such
an officer immediately before the effective date of this Act
(and who continues in office) or immediately before such
designation, to act in such office until the same is filled
as provided in this Act. While so acting, such officers shall
receive compensation at the higher of--
(A) the rates provided by this Act for the respective
offices in which they act; or
(B) the rates provided for the offices held at the time of
designation.
(2) Nothing in this Act shall be understood to require the
advice and consent of the Senate to the appointment by the
President to a position in the Department of any officer
whose agency is transferred to the Department pursuant to
this Act and whose duties following such transfer are germane
to those performed before such transfer.
(d) Transfer of Personnel, Assets, Obligations, and
Functions.--Upon the transfer of an agency to the
Department--
(1) the personnel, assets, and obligations held by or
available in connection with the agency shall be transferred
to the Secretary for appropriate allocation, subject to the
approval of the Director of the Office of Management and
Budget and in accordance with the provisions of section
1531(a)(2) of title 31, United States Code; and
(2) the Secretary shall have all functions relating to the
agency that any other official could by law exercise in
relation to the agency immediately before such transfer, and
shall have in addition all functions vested in the Secretary
by this Act or other law.
(e) Prohibition on Use of Transportation Trust Funds.--
(1) In general.--Notwithstanding any other provision of
this Act, no funds derived from the Highway Trust Fund,
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
security-related funds provided to the Federal Aviation
Administration 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 Department, 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
administrative action'' includes orders, determinations,
rules, regulations, personnel actions, permits, agreements,
grants, contracts, certificates, 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,
[[Page S11509]]
and financial assistance, shall continue notwithstanding 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
therefrom, 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 notwithstanding 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.
(e) Employment Provisions.--(1) Notwithstanding the
generality 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 Department
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
pursuant 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
development 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
consultation 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 available, 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, commission, 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.
TITLE XVI--CORRECTIONS TO EXISTING LAW RELATING TO AIRLINE
TRANSPORTATION 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
terrorism 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 Security,
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
passengers 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.--Paragraph
(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
Transportation for Security shall be $10,000; except that the
maximum civil penalty shall be $25,000 in the case of a
person operating 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
``Transportation,'' 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
Homeland Security.'' as a new item after ``Affairs.'';
(3) in section 5314, by inserting ``Under Secretaries,
Department of Homeland Security.'', ``Director of the Bureau
of Citizenship 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,
Department 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
Immigration 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''.
(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 appears
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,
[[Page S11510]]
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
``Department 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
Transportation'' 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, 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 inserting ``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 Transportation'' each place it
appears and inserting ``of Homeland Security''.
(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 Homeland Security'';
and
(B) in subsection (b)(1) (10 U.S.C. 704 note), by striking
``of Transportation'' and inserting ``of Homeland 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''.
(7) Section 1407(b)(2) of the Defense Dependents' Education
Act of 1978 (20 U.S.C. 926(b)) is amended by striking ``of
Transportation'' both places it appears and inserting ``of
Homeland Security''.
(8) Section 2301(5)(D) of the Elementary and Secondary
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 places it appears and
inserting ``of Homeland Security'';
(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 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 Services''
and inserting ``Secretary of Homeland Security'';
(B) by inserting ``the Secretary of Health and Human
Services and'' between ``in coordination with'' and ``the
Secretary 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:
``Sec. 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 agency, instrumentality, or wholly
owned or mixed-ownership corporation 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 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 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; and
``(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 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 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
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 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
[[Page S11511]]
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 section
and enforce the regulations 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 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
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 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 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 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''.
(b) Department of Agriculture.--The second sentence of
section 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 Security 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
prescribing a security regulation or issuing a security order
that affects the safety of railroad operations, 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 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:
``(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
materials 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
materials 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
materials 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
appropriate.''.
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.''.
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 preparation or
suspension containing an attenuated or inactive microorganism
or subunit thereof or toxin, developed or administered to
produce or enhance the 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 (regardless of whether the
time for appeal has expired) in such action or proceeding
disposing of the entire action or proceeding.
Mr. SANTORUM. Mr. President, I move to reconsider the vote.
Mr. HATCH. I move to lay that motion on the table.
The motion to lay on the table was agreed to.
____________________
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