USC Subchapter I

USC Subchapter I
in effect

6 U.S.C. § 1101 Definitions

For purposes of this subchapter, the following terms apply: (1) DepartmentThe term “Department” means the Department of Homeland Security. (2) SecretaryThe term “Secretary” means the Secretary of Homeland Security.

6 U.S.C. § 1102 National Domestic Preparedness Consortium

(a) In generalThe Secretary is authorized to establish, operate, and maintain a National Domestic Preparedness Consortium within the Department. (b) MembersMembers of the National Domestic Preparedness Consortium shall consist of—(1) the Center for Domestic Preparedness; (2) the National Energetic Materials Research and Testing Center, New Mexico Institute of Mining and Technology; (3) the National Center for Biomedical Research and Training, Louisiana State University; (4) the National Emergency Response and Rescue Training Center, Texas A&M University; (5) the National Exercise, Test, and Training Center, Nevada Test Site; (6) the Transportation Technology Center, Incorporated, in Pueblo, Colorado; and (7) the National Disaster Preparedness Training Center, University of Hawaii. (c) DutiesThe National Domestic Preparedness Consortium shall identify, develop, test, and deliver training to State, local, and tribal emergency response providers, provide on-site and mobile training at the performance and management and planning levels, and facilitate the delivery of training by the training partners of the Department. (d) Authorization of appropriationsThere are authorized to be appropriated to the Secretary—(1) for the Center for Domestic Preparedness—(A) $57,000,000 for fiscal year 2008; (B) $60,000,000 for fiscal year 2009; (C) $63,000,000 for fiscal year 2010; and (D) $66,000,000 for fiscal year 2011; and (2) for the National Energetic Materials Research and Testing Center, the National Center for Biomedical Research and Training, the National Emergency Response and Rescue Training Center, the National Exercise, Test, and Training Center, the Transportation Technology Center, Incorporated, and the National Disaster Preparedness Training Center each—(A) $22,000,000 for fiscal year 2008; (B) $23,000,000 for fiscal year 2009; (C) $24,000,000 for fiscal year 2010; and (D) $25,500,000 for fiscal year 2011. (e) Savings provisionFrom the amounts appropriated pursuant to this section, the Secretary shall ensure that future amounts provided to each of the following entities are not less than the amounts provided to each such entity for participation in the Consortium in fiscal year 2007—(1) the Center for Domestic Preparedness; (2) the National Energetic Materials Research and Testing Center, New Mexico Institute of Mining and Technology; (3) the National Center for Biomedical Research and Training, Louisiana State University; (4) the National Emergency Response and Rescue Training Center, Texas A&M University; and (5) the National Exercise, Test, and Training Center, Nevada Test Site.

6 U.S.C. § 1103 National Transportation Security Center of Excellence

(a) EstablishmentThe Secretary shall establish a National Transportation Security Center of Excellence to conduct research and education activities, and to develop or provide professional security training, including the training of transportation employees and transportation professionals. (b) DesignationThe Secretary shall select one of the institutions identified in subsection (c) as the lead institution responsible for coordinating the National Transportation Security Center of Excellence. (c) Member institutions(1) ConsortiumThe institution of higher education selected under subsection (b) shall execute agreements with the other institutions of higher education identified in this subsection and other institutions designated by the Secretary to develop a consortium to assist in accomplishing the goals of the Center. (2) MembersThe National Transportation Security Center of Excellence shall consist of—(A) Texas Southern University in Houston, Texas; (B) the National Transit Institute at Rutgers, The State University of New Jersey; (C) Tougaloo College; (D) the Connecticut Transportation Institute at the University of Connecticut; (E) the Homeland Security Management Institute, Long Island University; (F) the Mack-Blackwell National Rural Transportation Study Center at the University of Arkansas; and (G) any additional institutions or facilities designated by the Secretary. (3) Certain inclusionsTo the extent practicable, the Secretary shall ensure that an appropriate number of any additional consortium colleges or universities designated by the Secretary under this subsection are Historically Black Colleges and Universities, Hispanic Serving Institutions, and Indian Tribally Controlled Colleges and Universities. (d) Authorization of appropriationsThere are authorized to be appropriated to carry out this section—(1) $18,000,000 for fiscal year 2008; (2) $18,000,000 for fiscal year 2009; (3) $18,000,000 for fiscal year 2010; and (4) $18,000,000 for fiscal year 2011.

6 U.S.C. § 1104 Immunity for reports of suspected terrorist activity or suspicious behavior and response

(a) Immunity for reports of suspected terrorist activity or suspicious behavior(1) In generalAny person who, in good faith and based on objectively reasonable suspicion, makes, or causes to be made, a voluntary report of covered activity to an authorized official shall be immune from civil liability under Federal, State, and local law for such report. (2) False reportsParagraph (1) shall not apply to any report that the person knew to be false or was made with reckless disregard for the truth at the time that person made that report. (b) Immunity for response(1) In generalAny authorized official who observes, or receives a report of, covered activity and takes reasonable action in good faith to respond to such activity shall have qualified immunity from civil liability for such action, consistent with applicable law in the relevant jurisdiction. An authorized official as defined by subsection (d)(1)(A) not entitled to assert the defense of qualified immunity shall nevertheless be immune from civil liability under Federal, State, and local law if such authorized official takes reasonable action, in good faith, to respond to the reported activity. (2) Savings clauseNothing in this subsection shall affect the ability of any authorized official to assert any defense, privilege, or immunity that would otherwise be available, and this subsection shall not be construed as affecting any such defense, privilege, or immunity. (c) Attorney fees and costsAny person or authorized official found to be immune from civil liability under this section shall be entitled to recover from the plaintiff all reasonable costs and attorney fees. (d) DefinitionsIn this section:(1) Authorized officialThe term “authorized official” means—(A) any employee or agent of a passenger transportation system or other person with responsibilities relating to the security of such systems; (B) any officer, employee, or agent of the Department of Homeland Security, the Department of Transportation, or the Department of Justice with responsibilities relating to the security of passenger transportation systems; or (C) any Federal, State, or local law enforcement officer. (2) Covered activityThe term “covered activity” means any suspicious transaction, activity, or occurrence that involves, or is directed against, a passenger transportation system or vehicle or its passengers indicating that an individual may be engaging, or preparing to engage, in a violation of law relating to—(A) a threat to a passenger transportation system or passenger safety or security; or (B) an act of terrorism (as that term is defined in section 3077 of title 18). (3) Passenger transportationThe term “passenger transportation” means—(A) public transportation, as defined in section 5302 of title 49; (B) over-the-road bus transportation, as defined in subchapter IV, and school bus transportation; (C) intercity passenger rail 11 So in original. Probably should be “intercity rail passenger”. transportation 22 So in original. Probably should be followed by a comma. as defined in section 24102 of title 49; (D) the transportation of passengers onboard a passenger vessel 2 as defined in section 2101 of title 46; (E) other regularly scheduled waterborne transportation service of passengers by vessel of at least 20 gross tons; and (F) air transportation, as defined in section 40102 of title 49, of passengers. (4) Passenger transportation systemThe term “passenger transportation system” means an entity or entities organized to provide passenger transportation using vehicles, including the infrastructure used to provide such transportation. (5) VehicleThe term “vehicle” has the meaning given to that term in section 1992(16) 33 So in original. Probably should be section “1992(d)(16)”. of title 18. (e) Effective dateThis section shall take effect on October 1, 2006, and shall apply to all activities and claims occurring on or after such date.

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