485 
through the Commissioner, shall develop and implement procedures to en-
sure the protection of confidential data collected, stored, or shared with gov-
ernment agencies or as part of the application, certification, validation, and 
revalidation processes. 
(d) RESOURCE MANAGEMENT STAFFING PLAN.—The Secretary, acting 
through the Commissioner, shall— 
(1) develop a staffing plan to recruit and train staff (including a for-
malized training program) to meet the objectives identified in the stra-
tegic plan of the C–TPAT program; and 
(2) provide cross-training in post-incident trade resumption for per-
sonnel who administer the C–TPAT program. 
(e) REPORT TO CONGRESS.—In connection with the President’s annual 
budget submission for the Department, the Secretary shall report to the ap-
propriate congressional committees on the progress made by the Commis-
sioner to certify, validate, and revalidate C–TPAT participants. The report 
shall be due on the same date that the President’s budget is submitted to 
the Congress. 
Subchapter III—Miscellaneous Provisions 
§ 30531. Screening and scanning of cargo containers 
(a) ONE HUNDRED PERCENT SCREENING OF CARGO CONTAINERS AND 
100 PERCENT SCANNING OF HIGH-RISK CONTAINERS.— 
(1) SCREENING OF CARGO CONTAINERS.—The Secretary shall ensure 
that 100 percent of the cargo containers originating outside the United 
States and unloaded at a United States seaport undergo a screening 
to identify high-risk containers 
(2) SCANNING OF HIGH-RISK CONTAINERS.—The Secretary shall en-
sure that 100 percent of the containers that have been identified as 
high-risk under paragraph (1), or through other means, are scanned 
or searched before the containers leave a United States seaport facility. 
(b) FULL-SCALE IMPLEMENTATION.— 
(1) IN GENERAL.—A container that was loaded on a vessel in a for-
eign port shall not enter the United States (either directly or via a for-
eign port) unless the container was scanned by nonintrusive imaging 
equipment and radiation detection equipment at a foreign port before 
it was loaded on a vessel. 
(2) APPLICATION.—Paragraph (1) shall apply with respect to con-
tainers loaded on a vessel in a foreign country on or after the earlier 
of— 
(A) July 1, 2012; or 
(B) another date established by the Secretary under paragraph 
(3). 
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(3) ESTABLISHMENT OF EARLIER DEADLINE.—The Secretary shall 
establish a date under paragraph (2)(B) pursuant to the lessons 
learned through the pilot integrated scanning systems established 
under section 231 of the Security and Accountability For Every Port 
Act of 2006 (or SAFE Port Act) (Public Law 109–347, 120 Stat. 
1915). 
(4) EXTENSIONS.—The Secretary may extend the date specified in 
subparagraph (A) or (B) of paragraph (2) for 2 years, and may renew 
the extension in additional 2-year increments, for containers loaded in 
a port or ports, if the Secretary certifies to Congress that at least 2 
of the following conditions exist: 
(A) Systems to scan containers under paragraph (1) are not 
available for purchase and installation. 
(B) Systems to scan containers under paragraph (1) do not 
have a sufficiently low false alarm rate for use in the supply chain. 
(C) Systems to scan containers under paragraph (1) cannot be 
purchased, deployed, or operated at ports overseas, including, if 
applicable, because a port does not have the physical characteris-
tics to install a system. 
(D) Systems to scan containers under paragraph (1) cannot be 
integrated, as necessary, with existing systems. 
(E) Use of systems that are available to scan containers under 
paragraph (1) will significantly impact trade capacity and the flow 
of cargo. 
(F) Systems to scan containers under paragraph (1) do not ade-
quately provide an automated notification of questionable or high- 
risk cargo as a trigger for further inspection by appropriately 
trained personnel. 
(5) EXEMPTION FOR MILITARY CARGO.—Notwithstanding any other 
provision of this section, supplies bought by the Secretary of Defense 
and transported in compliance with section 2631 of title 10 and mili-
tary cargo of foreign countries are exempt from the requirements of 
this section. 
(6) REPORT ON EXTENSIONS.—An extension under paragraph (4) 
for a port takes effect on the expiration of the 60-day period beginning 
on the date the Secretary provides a report to Congress that— 
(A) states what container traffic will be affected by the exten-
sion; 
(B) provides supporting evidence to support the Secretary’s cer-
tification of the basis for the extension; and 
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(C) explains what measures the Secretary is taking to ensure 
that scanning can be implemented as early as possible at the port 
or ports that are the subject of the report. 
(7) REPORT ON RENEWAL OF EXTENSION.—If an extension under 
paragraph (4) takes effect, the Secretary shall, after 1 year, submit a 
report to Congress on whether the Secretary expects to seek to renew 
the extension. 
(8) SCANNING TECHNOLOGY STANDARDS.—In implementing para-
graph (1), the Secretary shall— 
(A) establish technological and operational standards for sys-
tems to scan containers; 
(B) ensure that the standards are consistent with the global nu-
clear detection architecture developed under the Homeland Secu-
rity Act of 2002 (Public Law 107–296, 116 Stat. 2135); and 
(C) coordinate with other Federal agencies that administer 
scanning or detection programs at foreign ports. 
(9) INTERNATIONAL TRADE AND OTHER OBLIGATIONS.—In carrying 
out this subsection, the Secretary shall consult with appropriate Fed-
eral departments and agencies and private-sector stakeholders, and en-
sure that actions under this section do not violate international trade 
obligations, and are consistent with the World Customs Organization 
framework, or other international obligations of the United States. 
(c) REPORT.—Not later than 6 months after the submission of a report 
under section 231(d) of the Security and Accountability For Every Port Act 
of 2006 (or SAFE Port Act) (Public Law 109–347, 120 Stat. 1916), and 
every 6 months thereafter, the Secretary shall submit a report to the appro-
priate congressional committees describing the status of full-scale deploy-
ment under subsection (b) and the cost of deploying the system at each for-
eign port at which the integrated scanning systems are deployed. 
§ 30532. International cooperation and coordination 
(a) INSPECTION TECHNOLOGY AND TRAINING.—The Secretary, in coordi-
nation with the Secretary of State, the Secretary of Energy, and appro-
priate representatives of other Federal agencies, may provide technical as-
sistance, equipment, and training to facilitate the implementation of supply 
chain security measures at ports designated under the Container Security 
Initiative. 
(b) ACQUISITION AND TRAINING.—Unless otherwise prohibited by law, 
the Secretary may— 
(1) lease, lend, provide, or otherwise assist in the deployment of non-
intrusive inspection and radiation detection equipment at foreign land 
and sea ports under terms and conditions the Secretary prescribes, in-
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cluding nonreimbursable loans or the transfer of ownership of equip-
ment; and 
(2) provide training and technical assistance for domestic or foreign 
personnel responsible for operating or maintaining the equipment. 
§ 30533. Information sharing relating to supply chain secu-
rity cooperation 
(a) PURPOSES.—The purposes of this section are— 
(1) to establish continuing liaison and to provide for supply chain se-
curity cooperation between the Department and the private sector; and 
(2) to provide for regular and timely interchange of information be-
tween the private sector and the Department concerning developments 
and security risks in the supply chain environment. 
(b) DEVELOPMENT OF SYSTEM.—The Secretary shall develop a system 
to collect from, and share appropriate risk information relating to the sup-
ply chain with, the private-sector entities determined appropriate by the 
Secretary. 
(c) CONSULTATION.—In developing the system under subsection (b), the 
Secretary shall consult with the Commercial Operations Advisory Committee 
and a broad range of public- and private-sector entities likely to utilize the 
system, including importers, exporters, carriers, customs brokers, and 
freight forwarders, among other parties. 
(d) INDEPENDENTLY OBTAINED INFORMATION.—Nothing in this section 
shall be construed to limit or otherwise affect the ability of a Federal, State, 
or local government entity, under applicable law, to obtain supply chain se-
curity information, including information lawfully and properly disclosed 
generally or broadly to the public, and to use the information in any manner 
permitted by law. 
(e) AUTHORITY TO ISSUE WARNINGS.—The Secretary may provide 
advisories, alerts, and warnings to relevant companies, targeted sectors, 
other governmental entities, or the general public regarding potential risks 
to the supply chain as appropriate. In issuing a warning, the Secretary shall 
take appropriate actions to protect from disclosure— 
(1) the source of any voluntarily submitted supply chain security in-
formation that forms the basis for the warning; and 
(2) information that is proprietary, business sensitive, relates specifi-
cally to the submitting person or entity, or is otherwise not appro-
priately in the public domain. 
Chapter 307—Administration 
Sec. 
30701.
Designation of liaison office of Department of State. 
30702.
Homeland Security Science and Technology Advisory Committee. 
30703.
Research, development, test, and evaluation efforts in furtherance of maritime and 
cargo security. 
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§ 30701. Designation of liaison office of Department of State 
The Secretary of State shall designate a liaison office in the Department 
of State to assist the Secretary, as appropriate, in negotiating cargo secu-
rity-related international agreements. 
§ 30702. Homeland Security Science and Technology Advi-
sory Committee 
The Under Secretary for Science and Technology shall utilize the Home-
land Security Science and Technology Advisory Committee, as appropriate, 
to provide outside expertise in advancing cargo security technology. 
§ 30703. Research, development, test, and evaluation efforts 
in furtherance of maritime and cargo security 
(a) IN GENERAL.—The Secretary shall— 
(1) direct research, development, testing, and evaluation efforts in 
furtherance of maritime and cargo security; 
(2) coordinate with public- and private-sector entities to develop and 
test technologies, and process innovations in furtherance of these objec-
tives; and 
(3) evaluate the technologies. 
(b) COORDINATION.—The Secretary, in coordination with the Under Sec-
retary for Science and Technology, the Assistant Secretary for Policy, the 
Commandant of the Coast Guard, the Director for Domestic Nuclear Detec-
tion, the Chief Financial Officer, and the heads of other appropriate offices 
or entities of the Department, shall ensure that— 
(1) research, development, testing, and evaluation efforts funded by 
the Department in furtherance of maritime and cargo security are co-
ordinated within the Department and with other appropriate Federal 
agencies to avoid duplication of efforts; and 
(2) the results of the efforts are shared throughout the Department 
and with other Federal, State, and local agencies, as appropriate. 
Subtitle IV—Transportation Security 
Chapter 401—General 
Sec. 
40101.
Definitions. 
§ 40101. Definitions 
(a) DEPARTMENT.—In chapters 403 through 407 of this title, the term 
‘‘Department’’ means the Department of Homeland Security. 
(b) SECRETARY.—In this subtitle, the term ‘‘Secretary’’ means the Sec-
retary of Homeland Security. 
Chapter 
403—Transportation 
Security 
Planning, Information Sharing, and En-
hancements 
Subchapter I—Security Planning and Information Sharing 
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Sec. 
40301.
National Domestic Preparedness Consortium. 
40302.
National Transportation Security Center of Excellence. 
40303.
Immunity for reports of suspected terrorist activity or suspicious behavior and re-
sponse. 
Subchapter II—Security Enhancements 
40311.
Definitions. 
40312.
Authorization of Visible Intermodal Prevention and Response teams. 
40313.
Surface transportation security inspectors. 
40314.
Surface transportation security technology information sharing. 
40315.
Transportation Security Administration personnel limitations. 
40316.
National explosives detection canine team training program. 
40317.
Roles of the Department and the Department of Transportation. 
Subchapter I—Security Planning and 
Information Sharing 
§ 40301. National Domestic Preparedness Consortium 
(a) IN GENERAL.—The Secretary may establish, operate, and maintain 
a National Domestic Preparedness Consortium in the Department. 
(b) MEMBERS.—The National Domestic Preparedness Consortium con-
sists 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, Lou-
isiana 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) DUTIES.—The National Domestic Preparedness Consortium shall 
identify, develop, test, and deliver training to State, local, and tribal emer-
gency response providers, provide on-site and mobile training at the per-
formance and management and planning levels, and facilitate the delivery 
of training by the training partners of the Department. 
§ 40302. National Transportation Security Center of Excel-
lence 
(a) ESTABLISHMENT.—The Secretary shall establish a National Trans-
portation 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. 
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(b) DESIGNATION.—The Secretary shall select one of the institutions 
identified in subsection (c) as the lead institution responsible for coordi-
nating the National Transportation Security Center of Excellence. 
(c) MEMBER INSTITUTIONS.— 
(1) CONSORTIUM.—The institution of higher education selected 
under subsection (b) shall execute agreements with the other institu-
tions 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 Center of Ex-
cellence consists of— 
(A) Texas Southern University in Houston, Texas; 
(B) the National Transit Institute at Rutgers, The State Uni-
versity 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 INCLUSIONS.—To the extent practicable, the Secretary 
shall ensure that an appropriate number of additional consortium col-
leges or universities designated by the Secretary under this subsection 
are Historically Black Colleges and Universities, Hispanic Serving In-
stitutions, and Indian Tribally Controlled Colleges and Universities. 
§ 40303. Immunity for reports of suspected terrorist activity 
or suspicious behavior and response 
(a) DEFINITIONS.—In this section: 
(1) 
AUTHORIZED
OFFICIAL.—The 
term 
‘‘authorized 
official’’ 
means— 
(A) an employee or agent of a passenger transportation system 
or other person with responsibilities relating to the security of the 
system; 
(B) an officer, employee, or agent of the Department, the De-
partment of Transportation, or the Department of Justice with re-
sponsibilities relating to the security of passenger transportation 
systems; or 
(C) a Federal, State, or local law enforcement officer. 
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(2) COVERED ACTIVITY.—The term ‘‘covered activity’’ means a sus-
picious 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 TRANSPORTATION.—The term ‘‘passenger transpor-
tation’’ means— 
(A) public transportation, as defined in section 5302 of title 49; 
(B) transportation by an over-the-road bus, as described in sec-
tion 40701 of this title, and school bus transportation; 
(C) intercity rail passenger transportation, as defined in section 
24102 of title 49; 
(D) the transportation of passengers onboard a passenger ves-
sel, as defined in section 2101 of title 46; 
(E) other regularly scheduled waterborne transportation service 
of passengers by a vessel of at least 20 gross tons; and 
(F) air transportation, as defined in section 40102 of title 49, 
of passengers. 
(4) PASSENGER TRANSPORTATION SYSTEM.—The term ‘‘passenger 
transportation system’’ means an entity or entities organized to provide 
passenger transportation using vehicles, including the infrastructure 
used to provide the transportation. 
(5) VEHICLE.—The term ‘‘vehicle’’ has the meaning given the term 
in section 1992(d)(16) of title 18. 
(b) IMMUNITY FOR REPORTS OF SUSPECTED TERRORIST ACTIVITY OR 
SUSPICIOUS BEHAVIOR.— 
(1) IN GENERAL.—A person who, in good faith and based on objec-
tively 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 the report. 
(2) FALSE REPORTS.—Paragraph (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. 
(c) IMMUNITY FOR RESPONSE.— 
(1) IN GENERAL.—An authorized official who observes, or receives 
a report of, covered activity and takes reasonable action in good faith 
to respond to the activity has qualified immunity from civil liability for 
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the action, consistent with applicable law in the relevant jurisdiction. 
An authorized official (as defined by subsection (a)(1)(A)) not entitled 
to assert the defense of qualified immunity is immune from civil liabil-
ity under Federal, State, and local law if the authorized official takes 
reasonable action, in good faith, to respond to the reported activity. 
(2) SAVINGS CLAUSE.—Nothing in this subsection affects the ability 
of an authorized official to assert any defense, privilege, or immunity 
that would otherwise be available, and this subsection shall not be con-
strued as affecting the defense, privilege, or immunity. 
(d) ATTORNEY FEES AND COSTS.—A person or authorized official found 
to be immune from civil liability under this section is entitled to recover 
from the plaintiff all reasonable costs and attorney fees. 
Subchapter II—Security Enhancements 
§ 40311. Definitions 
In this subchapter: 
(1) APPROPRIATE CONGRESSIONAL COMMITTEE.—The term ‘‘appro-
priate congressional committee’’ means the Committee on Commerce, 
Science, and Transportation, the Committee on Banking, Housing, and 
Urban Affairs and the Committee on Homeland Security and Govern-
mental Affairs of the Senate and the Committee on Homeland Security 
and the Committee on Transportation and Infrastructure of the House. 
(2) STATE.—The term ‘‘State’’ means a State, the District of Co-
lumbia, Puerto Rico, the Northern Mariana Islands, the Virgin Islands, 
Guam, American Samoa, and any other territory (including a posses-
sion) of the United States. 
(3) TERRORISM.—The term ‘‘terrorism’’ has the meaning given the 
term in section 10101 of this title. 
(4) UNITED STATES.—The term ‘‘United States’’ means the States, 
the District of Columbia, Puerto Rico, the Northern Mariana Islands, 
the Virgin Islands, Guam, American Samoa, and any other territory 
(including a possession) of the United States. 
§ 40312. Authorization of Visible Intermodal Prevention and 
Response teams 
(a) IN GENERAL.—The Secretary, acting through the Administrator of 
the Transportation Security Administration, may develop Visible Intermodal 
Prevention and Response (in this section referred to as ‘‘VIPR’’) teams to 
augment the security of any mode of transportation at any location within 
the United States. In forming a VIPR team, the Secretary— 
(1) may use any asset of the Department, including Federal air mar-
shals, surface transportation security inspectors, canine detection 
teams, and advanced screening technology; 
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