6 U.S.C. § 444 — Definitions

Page 226 TITLE 6—DOMESTIC SECURITY § 443 1 So in original. er and place the anti-terrorism technology on an Approved Product List for Homeland Secu- rity. (e) Exclusion Nothing in this section shall in any way limit the ability of any person to seek any form of re- covery from any person, government, or other entity that— (1) attempts to commit, knowingly partici- pates in, aids and abets, or commits any act of terrorism, or any criminal act related to or re- sulting from such act of terrorism; or (2) participates in a conspiracy to commit any such act of terrorism or any such criminal act. (Pub. L. 107–296, title VIII, § 863, Nov. 25, 2002, 116 Stat. 2239.) § 443. Risk management (a) In general (1) Liability insurance required Any person or entity that sells or otherwise provides a qualified anti-terrorism technology to Federal and non-Federal Government cus- tomers (‘‘Seller’’) shall obtain liability insur- ance of such types and in such amounts as shall be required in accordance with this sec- tion and certified by the Secretary to satisfy otherwise compensable third-party claims 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. (2) Maximum amount For the total claims related to 1 such act of terrorism, the Seller is not required to obtain liability insurance of more than the maximum amount of liability insurance reasonably available from private sources on the world market at prices and terms that will not un- reasonably distort the sales price of Seller’s anti-terrorism technologies. (3) Scope of coverage Liability insurance obtained pursuant to this subsection shall, in addition to the Seller, protect the following, to the extent of their potential liability for involvement in the man- ufacture, qualification, sale, use, or operation of qualified anti-terrorism technologies de- ployed in defense against or response or recov- ery from an act of terrorism: (A) Contractors, subcontractors, suppliers, vendors and customers of the Seller. (B) Contractors, subcontractors, suppliers, and vendors of the customer. (4) Third party claims Such liability insurance under this section shall provide coverage against third party claims arising out of, relating to, or resulting from the sale or use of anti-terrorism tech- nologies. (b) Reciprocal waiver of claims The Seller shall enter into a reciprocal waiver of claims with its contractors, subcontractors, suppliers, vendors and customers, and contrac- tors and subcontractors of the customers, in- volved in the manufacture, sale, use or oper- ation of qualified anti-terrorism technologies, under which each party to the waiver agrees to be responsible for losses, including business interruption losses, that it sustains, or for losses sustained by its own employees resulting from an activity resulting from an act of terrorism when qualified anti-terrorism technologies have been deployed in defense against or response or recovery from such act. (c) Extent of liability Notwithstanding any other provision of law, liability for all claims against a Seller arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism tech- nologies 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, whether for compensatory or punitive damages or for contribution or indemnity, shall not be in an amount greater than the limits of liability insurance coverage required to be maintained by the Seller under this section. (Pub. L. 107–296, title VIII, § 864, Nov. 25, 2002, 116 Stat. 2240.) § 444. Definitions For purposes of this part, the following defini- tions apply: (1) Qualified anti-terrorism technology For purposes of this part, the term ‘‘quali- fied anti-terrorism technology’’ means any product, equipment, service (including support services), device, or technology (including in- formation technology) designed, developed, modified, or procured for the specific purpose of preventing, detecting, identifying, or deter- ring acts of terrorism or limiting the harm such acts might otherwise cause, that is des- ignated as such by the Secretary. (2) Act of terrorism (A) The term ‘‘act of terrorism’’ means any act that the Secretary determines meets the requirements under subparagraph (B), as such requirements are further defined and specified by the Secretary. (B) REQUIREMENTS.—An act meets the re- quirements of this subparagraph if the act— (i) is unlawful; (ii) causes harm to a person, property, or entity, in the United States, or in the case of a domestic United States air carrier or a United States-flag vessel (or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), in or outside the United States; and (iii) uses or attempts to use instrumental- ities, weapons or other methods designed or intended to cause mass destruction, injury or other loss to citizens or institutions of the United States. (3) Insurance carrier The term ‘‘insurance carrier’’ means any corporation, association, society, order, firm, company, mutual,1 partnership, individual ag- Page 227 TITLE 6—DOMESTIC SECURITY § 451 2 So in original. No subpar. (B) has been enacted. gregation of individuals, or any other legal en- tity that provides commercial property and casualty insurance. Such term includes any affiliates of a commercial insurance carrier. (4) Liability insurance (A) 2 In general The term ‘‘liability insurance’’ means in- surance for legal liabilities incurred by the insured resulting from— (i) loss of or damage to property of oth- ers; (ii) ensuing loss of income or extra ex- pense incurred because of loss of or dam- age to property of others; (iii) bodily injury (including) to persons other than the insured or its employees; or (iv) loss resulting from debt or default of another. (5) Loss The term ‘‘loss’’ means death, bodily injury, or loss of or damage to property, including business interruption loss. (6) Non-Federal Government customers The term ‘‘non-Federal Government cus- tomers’’ means any customer of a Seller that is not an agency or instrumentality of the United States Government with authority under Public Law 85–804 [50 U.S.C. 1431 et seq.] to provide for indemnification under certain circumstances for third-party claims against its contractors, including but not limited to State and local authorities and commercial entities. (Pub. L. 107–296, title VIII, § 865, Nov. 25, 2002, 116 Stat. 2241.) Editorial Notes REFERENCES IN TEXT Public Law 85–804, referred to in par. (6), is Pub. L. 85–804, Aug. 28, 1958, 72 Stat. 972, which is classified gen- erally to chapter 29 (§ 1431 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Tables. PART H—MISCELLANEOUS PROVISIONS § 451. Advisory committees (a) In general The Secretary may establish, appoint mem- bers of, and use the services of, advisory com- mittees, as the Secretary may deem necessary. An advisory committee established under this section may be exempted by the Secretary from chapter 10 of title 5, but the Secretary shall pub- lish notice in the Federal Register announcing the establishment of such a committee and iden- tifying its purpose and membership. Notwith- standing the preceding sentence, members of an advisory committee that is exempted by the Secretary under the preceding sentence who are special Government employees (as that term is defined in section 202 of title 18) shall be eligible for certifications under subsection (b)(3) of sec- tion 208 of title 18 for official actions taken as a member of such advisory committee. (b) Termination Any advisory committee established by the Secretary shall terminate 2 years after the date of its establishment, unless the Secretary makes a written determination to extend the advisory committee to a specified date, which shall not be more than 2 years after the date on which such determination is made. The Secretary may make any number of subsequent extensions con- sistent with this subsection. (Pub. L. 107–296, title VIII, § 871, Nov. 25, 2002, 116 Stat. 2243; Pub. L. 117–286, § 4(a)(16), Dec. 27, 2022, 136 Stat. 4307.) Editorial Notes AMENDMENTS 2022—Subsec. (a). Pub. L. 117–286 substituted ‘‘chapter 10 of title 5,’’ for ‘‘Public Law 92–463,’’. Statutory Notes and Related Subsidiaries ESTABLISHMENT OF THE DEPARTMENT OF HOMELAND SECURITY ECONOMIC SECURITY COUNCIL Pub. L. 117–263, div. G, title LXXI, § 7116(a), Dec. 23, 2022, 136 Stat. 3636, provided that: ‘‘(1) DEFINITIONS.—In this subsection: ‘‘(A) COUNCIL.—The term ‘Council’ means the coun- cil established under paragraph (2). ‘‘(B) DEPARTMENT.—The term ‘Department’ means the Department of Homeland Security. ‘‘(C) ECONOMIC SECURITY.—The term ‘economic secu- rity’ has the meaning given such term in section 890B(c)(2) of the Homeland Security Act of 2002 (6 U.S.C. 474(c)(2)). ‘‘(D) SECRETARY.—The term ‘Secretary’ means the Secretary of Homeland Security. ‘‘(2) ESTABLISHMENT.—In accordance with the mission of the Department under section 101(b) of the Homeland Security Act of 2002 (6 U.S.C. 111(b)), and in particular paragraph (1)(F) of such section, the Secretary shall es- tablish a standing council of Department component heads or their designees, to carry out the duties de- scribed in paragraph (3). ‘‘(3) DUTIES OF THE COUNCIL.—Pursuant to the scope of the mission of the Department as described in para- graph (2), the Council shall provide to the Secretary ad- vice and recommendations on matters of economic se- curity, including relating to the following: ‘‘(A) Identifying concentrated risks for trade and economic security. ‘‘(B) Setting priorities for securing the trade and economic security of the United States. ‘‘(C) Coordinating Department-wide activity on trade and economic security matters. ‘‘(D) With respect to the development of the con- tinuity of the economy plan of the President under section 9603 of the William M. (Mac) Thornberry Na- tional Defense Authorization Act of [for] Fiscal Year 2021 (6 U.S.C. 322). ‘‘(E) Proposing statutory and regulatory changes impacting trade and economic security. ‘‘(F) Any other matters the Secretary considers ap- propriate. ‘‘(4) CHAIR AND VICE CHAIR.—The Under Secretary for Strategy, Policy, and Plans of the Department— ‘‘(A) shall serve as Chair of the Council; and ‘‘(B) may designate a Council member as a Vice Chair. ‘‘(5) MEETINGS.—The Council shall meet not less fre- quently than quarterly, as well as— ‘‘(A) at the call of the Chair; or ‘‘(B) at the direction of the Secretary. ‘‘(6) BRIEFINGS.—Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2022] and every 180 days thereafter for four years, the Council