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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, UNITED STATES CODE- Title 14, United States Code, is amended in sections 1, 3, 53, 95, 145, 516, 666, 669, 673, 673a (as redesignated by subsection (e)(1)), 674, 687, and 688 by striking `of Transportation' each place it appears and inserting `of Homeland Security'.

(b) TITLE 10, UNITED STATES CODE- (1) Title 10, United States Code, is amended in sections 101(9), 130b(a), 130b(c)(4), 130c(h)(1), 379, 513(d), 575(b)(2), 580(e)(6), 580a(e), 651(a), 671(c)(2), 708(a), 716(a), 717, 806(d)(2), 815(e), 888, 946(c)(1), 973(d), 978(d), 983(b)(1), 985(a), 1033(b)(1), 1033(d), 1034, 1037(c), 1044d(f), 1058(c), 1059(a), 1059(k)(1), 1073(a), 1074(c)(1), 1089(g)(2), 1090, 1091(a), 1124, 1143, 1143a(h), 1144, 1145(e), 1148, 1149, 1150(c), 1152(a), 1152(d)(1), 1153, 1175, 1212(a), 1408(h)(2), 1408(h)(8), 1463(a)(2), 1482a(b), 1510, 1552(a)(1), 1565(f), 1588(f)(4), 1589, 2002(a), 2302(1), 2306b(b), 2323(j)(2), 2376(2), 2396(b)(1), 2410a(a), 2572(a), 2575(a), 2578, 2601(b)(4), 2634(e), 2635(a), 2734(g), 2734a, 2775, 2830(b)(2), 2835, 2836, 4745(a), 5013a(a), 7361(b), 10143(b)(2), 10146(a), 10147(a), 10149(b), 10150, 10202(b), 10203(d), 10205(b), 10301(b), 12103(b), 12103(d), 12304, 12311(c), 12522(c), 12527(a)(2), 12731(b), 12731a(e), 16131(a), 16136(a), 16301(g), and 18501 by striking `of Transportation' each place it appears and inserting `of Homeland Security'.

(2) Section 801(1) of such title is amended by striking `the General Counsel of the Department of Transportation' and inserting `an official designated to serve as Judge Advocate General of the Coast Guard by the Secretary of Homeland Security'.

(3) Section 983(d)(2)(B) of such title is amended by striking `Department of Transportation' and inserting `Department of Homeland Security'.

(4) Section 2665(b) of such title is amended by striking `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, UNITED STATES CODE- Title 37, United States Code, is amended in sections 101(5), 204(i)(4), 301a(a)(3), 306(d), 307(c), 308(a)(1), 308(d)(2), 308(f), 308b(e), 308c(c), 308d(a), 308e(f), 308g(g), 308h(f), 308i(e), 309(d), 316(d), 323(b), 323(g)(1), 325(i), 402(d), 402a(g)(1), 403(f)(3), 403(l)(1), 403b(i)(5), 406(b)(1), 417(a), 417(b), 418(a), 703, 1001(c), 1006(f), 1007(a), and 1011(d) by striking `of Transportation' each place it appears and inserting `of Homeland Security'.

(d) TITLE 38, UNITED STATES CODE- 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;

`(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; and

`(F) carry out such other activities for the promotion of homeland security as the Secretary may prescribe.

`(c) REGULATIONS-

`(1) IN GENERAL- The Secretary, in consultation with the Administrator of General Services, may prescribe regulations necessary for the protection and administration of property owned or occupied by the Federal Government and persons on the property. The regulations may include reasonable 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 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.

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