6 U.S.C. § 1101 — Definitions

Page 438 TITLE 6—DOMESTIC SECURITY § 1101 1 See Change of Name note below. (3) evaluate such technologies. (b) Coordination The Secretary, in coordination with the Under Secretary for Science and Technology, the As- sistant Secretary for Policy, the Commandant of the Coast Guard, the Director for Domestic Nuclear Detection,1 the Chief Financial Officer, and the heads of other appropriate offices or en- tities of the Department, shall ensure that— (1) research, development, testing, and eval- uation efforts funded by the Department in furtherance of maritime and cargo security are coordinated within the Department and with other appropriate Federal agencies to avoid duplication of efforts; and (2) the results of such efforts are shared throughout the Department and with other Federal, State, and local agencies, as appro- priate. (Pub. L. 109–347, title III, § 303, Oct. 13, 2006, 120 Stat. 1921.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Reference to the Director for Domestic Nuclear De- tection deemed to be a reference to the Assistant Sec- retary for the Countering Weapons of Mass Destruction Office, see section 2(b)(1)(B) of Pub. L. 115–387, set out as a note under section 591 of this title. CHAPTER 4—TRANSPORTATION SECURITY SUBCHAPTER I—TRANSPORTATION SECURITY PLANNING AND INFORMATION SHARING Sec. 1101. Definitions. 1102. National Domestic Preparedness Consortium. 1103. National Transportation Security Center of Excellence. 1104. Immunity for reports of suspected terrorist activity or suspicious behavior and re- sponse. SUBCHAPTER II—TRANSPORTATION SECURITY ENHANCEMENTS 1111. Definitions. 1112. Authorization of Visible Intermodal Preven- tion and Response teams. 1113. Surface transportation security inspectors. 1114. Surface transportation security technology information sharing. 1115. TSA personnel limitations. 1116. National explosives detection canine team training program. 1117. Roles of the Department of Homeland Secu- rity and the Department of Transportation. 1118. Biometrics expansion. 1119. Voluntary use of credentialing. SUBCHAPTER III—PUBLIC TRANSPORTATION SECURITY 1131. Definitions. 1132. Findings. 1133. National Strategy for Public Transportation Security. 1134. Security assessments and plans. 1135. Public transportation security assistance. 1136. Security exercises. 1137. Public transportation security training pro- gram. 1137a. Local law enforcement security training. 1138. Public transportation research and develop- ment. Sec. 1139. Information sharing. 1140. Threat assessments. 1141. Reporting requirements. 1142. Public transportation employee protections. 1143. Security background checks of covered indi- viduals for public transportation. 1144. Limitation on fines and civil penalties. SUBCHAPTER IV—SURFACE TRANSPORTATION SECURITY PART A—GENERAL PROVISIONS 1151. Definitions. 1152. Oversight and grant procedures. 1153. Authorization of appropriations. 1154. Public awareness. 1155. Security awareness program. 1156. Nuclear material and explosive detection technology. PART B—RAILROAD SECURITY 1161. Railroad transportation security risk assess- ment and National Strategy. 1162. Railroad carrier assessments and plans. 1163. Railroad security assistance. 1164. Systemwide Amtrak security upgrades. 1165. Fire and life safety improvements. 1166. Railroad carrier exercises. 1167. Railroad security training program. 1168. Railroad security research and development. 1169. Railroad tank car security testing. 1170. Security background checks of covered indi- viduals. 1171. International railroad security program. 1172. Railroad security enhancements; Model State legislation. PART C—OVER-THE-ROAD BUS AND TRUCKING SECURITY 1181. Over-the-road bus security assessments and plans. 1182. Over-the-road bus security assistance. 1183. Over-the-road bus exercises. 1184. Over-the-road bus security training program. 1185. Over-the-road bus security research and de- velopment. 1186. Memorandum of Understanding annex. PART D—HAZARDOUS MATERIAL AND PIPELINE SECURITY 1201. Railroad routing of security-sensitive mate- rials. 1202. Railroad security-sensitive material track- ing. 1203. Hazardous materials highway routing. 1204. Motor carrier security-sensitive material tracking. 1205. Hazardous materials security inspections and study. 1206. Use of transportation security card in hazmat licensing. 1207. Pipeline security inspections and enforce- ment. 1208. Pipeline security and incident recovery plan. SUBCHAPTER I—TRANSPORTATION SECU- RITY PLANNING AND INFORMATION SHARING § 1101. Definitions For purposes of this subchapter, the following terms apply: (1) Department The term ‘‘Department’’ means the Depart- ment of Homeland Security. (2) Secretary The term ‘‘Secretary’’ means the Secretary of Homeland Security. Page 439 TITLE 6—DOMESTIC SECURITY § 1101 (Pub. L. 110–53, title XII, § 1201, Aug. 3, 2007, 121 Stat. 381.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in text, was in the origi- nal ‘‘this title’’, meaning title XII of Pub. L. 110–53, Aug. 3, 2007, 121 Stat. 381, which enacted this sub- chapter, amended section 114 of Title 49, Transpor- tation, and enacted provisions set out as a note under section 114 of Title 49. For complete classification of title XII to the Code, see Tables. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 110–53, title XIV, § 1401, Aug. 3, 2007, 121 Stat. 400, provided that: ‘‘This title [enacting subchapter III of this chapter] may be cited as the ‘National Transit Systems Security Act of 2007’.’’ Executive Documents EX. ORD. NO. 13416. STRENGTHENING SURFACE TRANSPORTATION SECURITY Ex. Ord. No. 13416, Dec. 5, 2006, 71 F.R. 71033, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and to strengthen the security of the Nation’s surface transportation systems and thereby enhance the protection of the people, property, and territory of the United States of America against terrorist attacks, it is hereby ordered as follows: SECTION 1. Policy. The security of our Nation’s surface transportation systems is a national priority, vital to our economy, and essential to the security of our Na- tion. Federal, State, local, and tribal governments, the private sector, and the public share responsibility for the security of surface transportation. It is the policy of the United States to protect the people, property, and territory of the United States by facilitating the implementation of a comprehensive, coordinated, and efficient security program to protect surface transpor- tation systems within and adjacent to the United States against terrorist attacks. SEC. 2. Definitions. For purposes of this order: (a) ‘‘agencies’’ means those executive departments enumerated in 5 U.S.C. 101, independent establishments as defined by 5 U.S.C. 104(1), government corporations as defined by 5 U.S.C. 103(1), and the United States Postal Service; (b) ‘‘Secretary’’ means the Secretary of Homeland Se- curity; (c) ‘‘security guideline’’ means any security-related guidance that the Secretary recommends, for imple- mentation on a voluntary basis, to enhance the secu- rity of surface transportation; (d) ‘‘security requirement’’ means any ‘‘regulatory action’’ as defined in section 3 of Executive Order 12866 of September 30, 1993, as amended (Regulatory Planning and Review), including security directives when appro- priate, to implement measures to enhance the security of surface transportation; (e) ‘‘surface transportation modes’’ means mass tran- sit, commuter and long-distance passenger rail, freight rail, commercial vehicles (including intercity buses), and pipelines, and related infrastructure (including roads and highways), that are within the territory of the United States, but does not include electric grids; and (f) ‘‘surface transportation’’ means any conveyance of people, goods, or commodities using one or more sur- face transportation modes. SEC. 3. Functions of the Secretary of Homeland Security. The Secretary is the principal Federal official respon- sible for infrastructure protection activities for surface transportation. To implement the policy set forth in section 1 of this order, the Secretary shall, consistent with the National Infrastructure Protection Plan (NIPP), in coordination with the Secretary of Trans- portation, and in consultation with the heads of other relevant agencies: (a) assess the security of each surface transportation mode and evaluate the effectiveness and efficiency of current Federal Government surface transportation se- curity initiatives; (b) building upon current security initiatives, not later than December 31, 2006, develop a comprehensive transportation systems sector specific plan, as defined in the NIPP; (c) not later than 90 days after the comprehensive transportation systems sector specific plan is com- pleted, develop an annex to such plan that addresses each surface transportation mode, which shall also in- clude, at a minimum— (i) an identification of existing security guidelines and security requirements and any security gaps, a de- scription of how the transportation systems sector spe- cific plan will be implemented for such mode, and the respective roles, responsibilities, and authorities of Federal, State, local, and tribal governments and the private sector; (ii) schedules and protocols for annual reviews of the effectiveness of surface transportation security-related information sharing mechanisms in bringing about the timely exchange of surface transportation security in- formation among Federal, State, local, and tribal gov- ernments and the private sector, as appropriate; and (iii) a process for assessing (A) compliance with any security guidelines and security requirements issued by the Secretary for surface transportation, and (B) the need for revision of such guidelines and requirements to ensure their continuing effectiveness; (d) in consultation with State, local, and tribal gov- ernment officials and the private sector, not later than 180 days after the date of this order, identify surface transportation modes, or components thereof, that are subject to high risk of terrorist attack, draft appro- priate security guidelines or security requirements to mitigate such risks, and ensure that, prior to their issuance, draft security requirements are transmitted to the Office of Management and Budget for review in accordance with Executive Order 12866 and draft secu- rity guidelines receive appropriate interagency review; (e) develop, implement, and lead a process, in collabo- ration with other agencies, State, local, and tribal gov- ernments, and the private sector, as appropriate, to co- ordinate research, development, testing, and evalua- tion of technologies (including alternative uses for commercial off-the-shelf technologies and products) re- lating to the protection of surface transportation, in- cluding— (i) determining product and technology needs to in- form the requirements for and prioritization of re- search, development, testing, and evaluation, based on the security guidelines and security requirements de- veloped pursuant to subsection (c) of this section and evolving terrorist threats to the security of surface transportation; (ii) collecting information on existing and planned re- search, development, testing, and evaluation efforts; and (iii) not later than 180 days after the date of this order, consistent with section 313 of the Homeland Se- curity Act of 2002, as amended (6 U.S.C. 193), estab- lishing and making available to Federal, State, local, and tribal government entities, and private sector own- ers and operators of surface transportation systems, lists of available technologies and products relating to the protection of surface transportation; and (f) use security grants authorized by law to assist in implementing security requirements and security guidelines issued pursuant to law and consistent with subsection (c) of this section. SEC. 4. Duties of Heads of Other Agencies. Heads of agencies, as appropriate, shall provide such assistance and information as the Secretary may request to im- plement this order. Page 440 TITLE 6—DOMESTIC SECURITY § 1102 SEC. 5. General Provisions. This order: (a) shall be implemented consistent with applicable law and the authorities of agencies, or heads of agen- cies, vested by law, and subject to the availability of appropriations; (b) shall not be construed to impair or otherwise af- fect the functions of the Director of the Office of Man- agement and Budget relating to budget, administra- tive, and legislative proposals; and (c) is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity by a party against the United States, its agencies, instrumentalities, or entities, its officers, employees, or agents, or any other person. GEORGE W. BUSH. § 1102. National Domestic Preparedness Consor- tium (a) In general The Secretary is authorized to establish, oper- ate, and maintain a National Domestic Pre- paredness Consortium within the Department. (b) Members Members of the National Domestic Prepared- ness Consortium shall consist of— (1) the Center for Domestic Preparedness; (2) the National Energetic Materials Re- search and Testing Center, New Mexico Insti- tute of Mining and Technology; (3) the National Center for Biomedical Re- search and Training, Louisiana State Univer- sity; (4) the National Emergency Response and Rescue Training Center, Texas A&M Univer- sity; (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) Duties The National Domestic Preparedness Consor- tium 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 De- partment. (d) Authorization of appropriations There are authorized to be appropriated to the Secretary— (1) for the Center for Domestic Prepared- ness— (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 Re- search and Testing Center, the National Cen- ter for Biomedical Research and Training, the National Emergency Response and Rescue Training Center, the National Exercise, Test, and Training Center, the Transportation Tech- nology 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 provision From the amounts appropriated pursuant to this section, the Secretary shall ensure that fu- ture amounts provided to each of the following entities are not less than the amounts provided to each such entity for participation in the Con- sortium in fiscal year 2007— (1) the Center for Domestic Preparedness; (2) the National Energetic Materials Re- search and Testing Center, New Mexico Insti- tute of Mining and Technology; (3) the National Center for Biomedical Re- search and Training, Louisiana State Univer- sity; (4) the National Emergency Response and Rescue Training Center, Texas A&M Univer- sity; and (5) the National Exercise, Test, and Training Center, Nevada Test Site. (Pub. L. 110–53, title XII, § 1204, Aug. 3, 2007, 121 Stat. 386.) § 1103. National Transportation Security Center of Excellence (a) Establishment The 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 transpor- tation employees and transportation profes- sionals. (b) Designation The Secretary shall select one of the institu- tions identified in subsection (c) as the lead in- stitution responsible for coordinating the Na- tional Transportation Security Center of Excel- lence. (c) Member institutions (1) Consortium The institution of higher education selected under subsection (b) shall execute agreements with the other institutions of higher education identified in this subsection and other institu- tions designated by the Secretary to develop a consortium to assist in accomplishing the goals of the Center. (2) Members The National Transportation Security Cen- ter of Excellence shall consist of— (A) Texas Southern University in Houston, Texas; (B) the National Transit Institute at Rut- gers, The State University of New Jersey; (C) Tougaloo College; (D) the Connecticut Transportation Insti- tute 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 Univer- sity of Arkansas; and (G) any additional institutions or facilities designated by the Secretary. (3) Certain inclusions To the extent practicable, the Secretary shall ensure that an appropriate number of