Page:United States Statutes at Large Volume 116 Part 3.djvu/727

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PUBLIC LAW 107-296—NOV. 25, 2002 116 STAT. 2319 (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: