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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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