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6 U.S.C. § 441 — Administration
Federal law — U.S. Code and appendices · legal_authorities
Page 224
TITLE 6—DOMESTIC SECURITY
§ 428
(b) Content of report
The report under subsection (a)(2) shall in-
clude the following matters:
(1) Assessment
The Comptroller General’s assessment of—
(A) the extent to which property and serv-
ices procured in accordance with this sub-
chapter have contributed to the capacity of
the workforce of Federal Government em-
ployees within each executive agency to
carry out the mission of the executive agen-
cy; and
(B) the extent to which Federal Govern-
ment employees have been trained on the
use of technology.
(2) Recommendations
Any recommendations of the Comptroller
General resulting from the assessment de-
scribed in paragraph (1).
(c) Consultation
In preparing for the review under subsection
(a)(1), the Comptroller shall consult with the
Committee on Governmental Affairs of the Sen-
ate and the Committee on Government Reform
of the House of Representatives on the specific
issues and topics to be reviewed. The extent of
coverage needed in areas such as technology in-
tegration, employee training, and human capital
management, as well as the data requirements
of the study, shall be included as part of the con-
sultation.
(Pub. L. 107–296, title VIII, § 857, Nov. 25, 2002, 116
Stat. 2237.)
Editorial Notes
REFERENCES IN TEXT
This subchapter, referred to in subsec. (b)(1)(A), was
in the original ‘‘this title’’, meaning title VIII of Pub.
L. 107–296, which enacted this subchapter, chapter 97 of
Title 5, Government Organization and Employees, and
section 8J of the Inspector General Act of 1978, Pub. L.
95–452, formerly set out in the Appendix to Title 5 (see
5 U.S.C. 418), amended section 6 of the Inspector Gen-
eral Act of 1978 (see 5 U.S.C. 406), section 2517 of Title
18, Crimes and Criminal Procedure,
Source: Supplied 2024 U.S. Code historical extraction · 6 U.S.C. § 441
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Source file: Laws/federal/codes/united-states-code-2024/title-6/section-441-administration--6e7299c9b7.md
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Source location: USCODE-2024-title6-chap1-subchapVIII-partG-sec441.pdf
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Page 224
TITLE 6—DOMESTIC SECURITY
§ 428
(b) Content of report
The report under subsection (a)(2) shall in-
clude the following matters:
(1) Assessment
The Comptroller General’s assessment of—
(A) the extent to which property and serv-
ices procured in accordance with this sub-
chapter have contributed to the capacity of
the workforce of Federal Government em-
ployees within each executive agency to
carry out the mission of the executive agen-
cy; and
(B) the extent to which Federal Govern-
ment employees have been trained on the
use of technology.
(2) Recommendations
Any recommendations of the Comptroller
General resulting from the assessment de-
scribed in paragraph (1).
(c) Consultation
In preparing for the review under subsection
(a)(1), the Comptroller shall consult with the
Committee on Governmental Affairs of the Sen-
ate and the Committee on Government Reform
of the House of Representatives on the specific
issues and topics to be reviewed. The extent of
coverage needed in areas such as technology in-
tegration, employee training, and human capital
management, as well as the data requirements
of the study, shall be included as part of the con-
sultation.
(Pub. L. 107–296, title VIII, § 857, Nov. 25, 2002, 116
Stat. 2237.)
Editorial Notes
REFERENCES IN TEXT
This subchapter, referred to in subsec. (b)(1)(A), was
in the original ‘‘this title’’, meaning title VIII of Pub.
L. 107–296, which enacted this subchapter, chapter 97 of
Title 5, Government Organization and Employees, and
section 8J of the Inspector General Act of 1978, Pub. L.
95–452, formerly set out in the Appendix to Title 5 (see
5 U.S.C. 418), amended section 6 of the Inspector Gen-
eral Act of 1978 (see 5 U.S.C. 406), section 2517 of Title
18, Crimes and Criminal Procedure, Rule 6 of the Fed-
eral Rules of Criminal Procedure, set out in the Appen-
dix to Title 18, section 1105 of Title 31, Money and Fi-
nance, section 416 of former Title 41, Public Contracts,
and sections 1806, 1825, and 3365 of Title 50, War and Na-
tional Defense, enacted provisions set out as notes
under section 101 of this title, section 6 of the Inspector
General Act of 1978, and section 1105 of Title 31, amend-
ed provisions set out as notes under section 2517 of
Title 18, section 40101 of Title 49, Transportation, and
section 2301 of Title 50, and repealed provisions set out
as a note under section 1113 of Title 31. For complete
classification of title VIII to the Code, see Tables.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Committee on Government Reform of House of Rep-
resentatives changed to Committee on Oversight and
Government Reform of House of Representatives by
House Resolution No. 6, One Hundred Tenth Congress,
Jan. 5, 2007. Committee on Oversight and Government
Reform of House of Representatives changed to Com-
mittee on Oversight and Reform of House of Represent-
atives by House Resolution No. 6, One Hundred Six-
teenth Congress, Jan. 9, 2019. Committee on Oversight
and Reform of House of Representatives changed to
Committee on Oversight and Accountability of House
of Representatives by House Resolution No. 5, One Hun-
dred Eighteenth Congress, Jan. 9, 2023.
Committee on Governmental Affairs of Senate
changed to Committee on Homeland Security and Gov-
ernmental Affairs of Senate, effective Jan. 4, 2005, by
Senate Resolution No. 445, One Hundred Eighth Con-
gress, Oct. 9, 2004.
§ 428. Identification of new entrants into the Fed-
eral marketplace
The head of each executive agency shall con-
duct market research on an ongoing basis to
identify effectively the capabilities, including
the capabilities of small businesses and new en-
trants into Federal contracting, that are avail-
able in the marketplace for meeting the require-
ments of the executive agency in furtherance of
defense against or recovery from terrorism or
nuclear, biological, chemical, or radiological at-
tack. The head of the executive agency shall, to
the maximum extent practicable, take advan-
tage of commercially available market research
methods, including use of commercial databases,
to carry out the research.
(Pub. L. 107–296, title VIII, § 858, Nov. 25, 2002, 116
Stat. 2238.)
PART G—SUPPORT ANTI-TERRORISM BY
FOSTERING EFFECTIVE TECHNOLOGIES
§ 441. Administration
(a) In general
The Secretary shall be responsible for the ad-
ministration of this part.
(b) Designation of qualified anti-terrorism tech-
nologies
The Secretary may designate anti-terrorism
technologies that qualify for protection under
the system of risk management set forth in this
part in accordance with criteria that shall in-
clude, but not be limited to, the following:
(1) Prior United States Government use or
demonstrated substantial utility and effec-
tiveness.
(2) Availability of the technology for imme-
diate deployment in public and private set-
tings.
(3) Existence of extraordinarily large or ex-
traordinarily unquantifiable potential third
party liability risk exposure to the Seller or
other provider of such anti-terrorism tech-
nology.
(4) Substantial likelihood that such anti-ter-
rorism technology will not be deployed unless
protections under the system of risk manage-
ment provided under this part are extended.
(5) Magnitude of risk exposure to the public
if such anti-terrorism technology is not de-
ployed.
(6) Evaluation of all scientific studies that
can be feasibly conducted in order to assess
the capability of the technology to substan-
tially reduce risks of harm.
(7) Anti-terrorism technology that would be
effective in facilitating the defense against
acts of terrorism, including technologies that
prevent, defeat or respond to such acts.
(c) Regulations
The Secretary may issue such regulations,
after notice and comment in accordance with
Page 225
TITLE 6—DOMESTIC SECURITY
§ 442
1 So in original. Probably should be ‘‘Sellers’’.
2 So in original. Probably should be ‘‘Government’’.
section 553 of title 5, as may be necessary to
carry out this part.
(Pub. L. 107–296, title VIII, § 862, Nov. 25, 2002, 116
Stat. 2238.)
Statutory Notes and Related Subsidiaries
SHORT TITLE
For short title of this part as the ‘‘Support Anti-ter-
rorism by Fostering Effective Technologies Act of 2002’’
or the ‘‘SAFETY Act’’, see section 861 of Pub. L.
107–296, set out as a Short Title note under section 101
of this title.
§ 442. Litigation management
(a) Federal cause of action
(1) In general
There shall exist a Federal cause of action
for claims arising out of, relating to, or result-
ing from an act of terrorism when qualified
anti-terrorism technologies have been de-
ployed in defense against or response or recov-
ery from such act and such claims result or
may result in loss to the Seller. The sub-
stantive law for decision in any such action
shall be derived from the law, including choice
of law principles, of the State in which such
acts of terrorism occurred, unless such law is
inconsistent with or preempted by Federal
law. Such Federal cause of action shall be
brought only for claims for injuries that are
proximately caused by sellers 1 that provide
qualified anti-terrorism technology to Federal
and non-Federal government 2 customers.
(2) Jurisdiction
Such appropriate district court of the
United States shall have original and exclu-
sive jurisdiction over all actions for any claim
for loss of property, personal injury, or death
arising out of, relating to, or resulting from an
act of terrorism when qualified anti-terrorism
technologies have been deployed in defense
against or response or recovery from such act
and such claims result or may result in loss to
the Seller.
(b) Special rules
In an action brought under this section for
damages the following provisions apply:
(1) Punitive damages
No punitive damages intended to punish or
deter, exemplary damages, or other damages
not intended to compensate a plaintiff for ac-
tual losses may be awarded, nor shall any
party be liable for interest prior to the judg-
ment.
(2) Noneconomic damages
(A) In general
Noneconomic damages may be awarded
against a defendant only in an amount di-
rectly proportional to the percentage of re-
sponsibility of such defendant for the harm
to the plaintiff, and no plaintiff may recover
noneconomic damages unless the plaintiff
suffered physical harm.
(B) Definition
For purposes of subparagraph (A), the term
‘‘noneconomic damages’’ means damages for
losses for physical and emotional pain, suf-
fering, inconvenience, physical impairment,
mental anguish, disfigurement, loss of en-
joyment of life, loss of society and compan-
ionship, loss of consortium, hedonic dam-
ages, injury to reputation, and any other
nonpecuniary losses.
(c) Collateral sources
Any recovery by a plaintiff in an action under
this section shall be reduced by the amount of
collateral source compensation, if any, that the
plaintiff has received or is entitled to receive as
a result of such acts of terrorism that result or
may result in loss to the Seller.
(d) Government contractor defense
(1) In general
Should a product liability or other lawsuit
be filed for claims arising out of, relating to,
or resulting from an act of terrorism when
qualified anti-terrorism technologies approved
by the Secretary, as provided in paragraphs (2)
and (3) of this subsection, have been deployed
in defense against or response or recovery
from such act and such claims result or may
result in loss to the Seller, there shall be a re-
buttable presumption that the government
contractor defense applies in such lawsuit.
This presumption shall only be overcome by
evidence showing that the Seller acted fraudu-
lently or with willful misconduct in submit-
ting information to the Secretary during the
course of the Secretary’s consideration of such
technology under this subsection. This pre-
sumption of the government contractor de-
fense shall apply regardless of whether the
claim against the Seller arises from a sale of
the product to Federal Government or non-
Federal Government customers.
(2) Exclusive responsibility
The Secretary will be exclusively respon-
sible for the review and approval of anti-ter-
rorism technology for purposes of establishing
a government contractor defense in any prod-
uct liability lawsuit for claims arising out of,
relating to, or resulting from an act of ter-
rorism when qualified anti-terrorism tech-
nologies approved by the Secretary, as pro-
vided in this paragraph and paragraph (3),
have been deployed in defense against or re-
sponse or recovery from such act and such
claims result or may result in loss to the Sell-
er. Upon the Seller’s submission to the Sec-
retary for approval of anti-terrorism tech-
nology, the Secretary will conduct a com-
prehensive review of the design of such tech-
nology and determine whether it will perform
as intended, conforms to the Seller’s specifica-
tions, and is safe for use as intended. The Sell-
er will conduct safety and hazard analyses on
such technology and will supply the Secretary
with all such information.
(3) Certificate
For anti-terrorism technology reviewed and
approved by the Secretary, the Secretary will
issue a certificate of conformance to the Sell-
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** In addition to the authority otherwise provided by this chapter, each Inspector General, in carrying out the provisions of this chapter, is authorized—
(1)
(A) to have timely access to all records, reports, audits, reviews, documents, papers, recommendations, or other materials available to the applicable establishment which relate to the programs and operations with respect to which that Inspector General has responsibilities under this chapter;
(B) to have access under subparagraph (A) notwithstanding any other provision of law, except pursuant to any provision of law enacted by Congress that expressly—
(i) refers to the Inspector General; and
(ii) limits the right of access of the Inspector General; and
(C) except as provided in subsection (i), with regard to Federal grand jury materials protected from disclosure pursuant to rule 6(e) of the Federal Rules of Criminal Procedure, to have timely access to such information if the Attorney General grants the request in accordance with subsection (h);
(2) to make such investigations and reports relating to the administration of the programs and operations of the applicable establishment as are, in the judgment of the Inspector General, necessary or desirable;
(3) to request such information or assistance as may be necessary for carrying out the duties and responsibilities provided by this chapter from any Federal, State, or local governmental agency or unit thereof;
(4) to require by subpoena the production of all information, documents, reports, answers, records, accounts, papers, and other data in any medium (including electronically stored information), as well as any tangible thing and documentary evidence necessary in the performance of the functions assigned by this chapter
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 406
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Federal law — U.S. Code and appendices · legal_authorities
Page 45
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 406
DISCLOSURE OF GOVERNMENT CONTRACTOR AUDIT
FINDINGS
Pub. L. 110–181, div. A, title VIII, § 845, Jan. 28, 2008,
122 Stat. 240, as amended by Pub. L. 117–286, § 4(b)(8),
Dec. 27, 2022, 136 Stat. 4343, provided that:
‘‘(a) REQUIRED ANNEX
ON SIGNIFICANT AUDIT FIND-
INGS.—
‘‘(1) IN GENERAL.—Each Inspector General appointed
under chapter 4 of title 5, United States Code, shall
submit, as part of the semiannual report submitted
to Congress pursuant to section 5 of such Act, an
annex on final, completed contract audit reports
issued to the contracting activity containing signifi-
cant audit findings issued during the period covered
by the semiannual report concerned.
‘‘(2) ELEMENTS.—Such annex shall include—
‘‘(A) a list of such contract audit reports;
‘‘(B) for each audit report, a brief description of
the nature of the significant audit findings in the
report; and
‘‘(C) for each audit report, the specific amounts of
costs identified as unsupported, questioned, or dis-
allowed.
‘‘(3) INFORMATION
EXEMPT
FROM
PUBLIC
DISCLO-
SURE.—(A) Nothing in this subsection shall be con-
strued to require the release of information to the
public that is exempt from public disclosure under
section 552(b) of title 5, United States Code.
‘‘(B) For each element required by paragraph (2),
the Inspector General concerned shall note each in-
stance where information has been redacted in ac-
cordance with the requirements of section 552(b) of
title 5, United States Code, and submit an unredacted
annex to the committees listed in subsection (d)(2)
within 7 days after the issuance of the semiannual re-
port.
‘‘(b) DEFENSE CONTRACT AUDIT AGENCY INCLUDED.—
For purposes of subsection (a), audits of the Defense
Contract A
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 406
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Federal law — U.S. Code and appendices · legal_authorities
The special provisions under section 408, 409, 410, 411, 412, 413, 414, 416, or 421 of this title relate only to the establishment named in such section and no inference shall be drawn from the presence or absence of a provision in any such section with respect to an establishment not named in such section or with respect to a designated Federal entity as defined under [section 415(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section415/a&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 418
Stored review status: release_metadata_unconfirmed. The source passage cites 5 U.S.C. § 418. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 81
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 419
1 See References in Text note below.
Statutory Notes and Related Subsidiaries
REVIEW
OF
DEPARTMENTAL
CONTRACTS
AWARDED
THROUGH MEANS OTHER THAN FULL AND OPEN COM-
PETITION
Pub. L. 113–6, div. D, title V, § 520(d), Mar. 26, 2013, 127
Stat. 370, provided that: ‘‘In addition to the require-
ments established by subsections (a), (b), and (c) of this
section [127 Stat. 369, 370], the Inspector General of the
Department of Homeland Security shall review depart-
mental contracts awarded through means other than a
full and open competition to assess departmental com-
pliance with applicable laws and regulations: Provided,
That the Inspector General shall review selected con-
tracts awarded in the previous 3 fiscal years through
means other than a full and open competition: Provided
further, That in selecting which contracts to review,
the Inspector General shall consider the cost and com-
plexity of the goods and services to be provided under
the contract, the criticality of the contract to fulfilling
Department missions, past performance problems on
similar contracts or by the selected vendor, complaints
received about the award process or contractor per-
formance, and such other factors as the Inspector Gen-
eral deems relevant: Provided further, That the Inspec-
tor General shall report the results of the reviews to
the Committees on Appropriations of the Senate and
the House of Representatives no later than February 4,
2015, and every 3 years thereafter.’’
REPORT ON DATA COLLECTION
Pub. L. 110–329, div. D, title V, § 518(b), Sept. 30, 2008,
122 Stat. 3684, provided that: ‘‘The Inspector General
shall provide to the Committees on Appropriations of
the Senate and the House of Representatives, st
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 418
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Federal law — U.S. Code and appendices · legal_authorities
The authorities provided in this part apply to any procurement of property or services by or for an executive agency that, as determined by the head of the executive agency, are to be used to facilitate defense against or recovery from terrorism or nuclear, biological, chemical, or radiological attack, but only if a solicitation of offers for the procurement is issued during the 1-year period beginning on November 25, 2002.
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 441
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