3343 
ø(1) LIABILITY.—A responding party or 
its officers or employees shall be liable on 
account of any act or omission occurring 
while providing assistance or partici-
pating in a training event in the jurisdic-
tion of a requesting party under a mutual 
aid agreement (including any act or omis-
sion arising from the maintenance or use 
of any equipment, facilities, or supplies 
in connection therewith), but only to the 
extent permitted under and in accord-
ance with the laws and procedures of the 
State of the responding party and subject 
to this chapter. 
ø(2) JURISDICTION OF COURTS.— 
ø(A) IN GENERAL.—Subject to sub-
paragraph (B) and section 5103, any 
action brought against a responding 
party or its officers or employees on 
account of an act or omission de-
scribed in subsection (b)(1) may be 
brought only under the laws and pro-
cedures of the State of the respond-
ing party and only in the State courts
3344 
or United States District Courts lo-
cated therein. 
ø(B) UNITED STATES AS PARTY.—If 
the United States is the party against 
whom an action described in para-
graph (1) is brought, the action may 
be brought only in a United States 
District Court. 
ø(c) WORKERS’ COMPENSATION AND DEATH 
BENEFITS.— 
ø(1) PAYMENT
OF
BENEFITS.—A re-
sponding party shall provide for the pay-
ment 
of 
workers’ 
compensation 
and 
death benefits with respect to officers or 
employees of the party who sustain inju-
ries or are killed while providing assist-
ance or participating in a training event 
under a mutual aid agreement in the 
same manner and on the same terms as if 
the injury or death were sustained within 
the jurisdiction of the responding party. 
ø(2) LIABILITY FOR BENEFITS.—No party 
shall be liable under the law of any State 
other than its own (or, in the case of the 
Federal Government, under any law
3345 
other than Federal law) for the payment 
of workers’ compensation and death ben-
efits with respect to injured officers or 
employees of the party who sustain inju-
ries or are killed while providing assist-
ance or participating in a training event 
under a mutual aid agreement. 
ø(d) LICENSES
AND
PERMITS.—Whenever 
any person holds a license, certificate, or 
other permit issued by any responding party 
evidencing the meeting of qualifications for 
professional, mechanical, or other skills, such 
person will be deemed licensed, certified, or 
permitted by the requesting party to provide 
assistance involving such skill under a mu-
tual aid agreement. 
ø(e) SCOPE.—Except to the extent pro-
vided in this section, the rights and respon-
sibilities of the parties to a mutual aid agree-
ment shall be as described in the mutual aid 
agreement. 
ø(f) EFFECT ON OTHER AGREEMENTS.—Noth-
ing in this section precludes any party from 
entering into supplementary mutual aid 
agreements with fewer than all the parties, or
3346 
with another, or affects any other agreements 
already in force among any parties to such an 
agreement, including the Emergency Manage-
ment Assistance Compact (EMAC) under Pub-
lic Law 104–321. 
ø(g) FEDERAL
GOVERNMENT.—Nothing in 
this section may be construed to limit any 
other expressed or implied authority of any 
entity of the Federal Government to enter 
into mutual aid agreements. 
ø(h) CONSISTENCY
WITH
STATE
LAW.—A 
party may enter into a mutual aid agreement 
under this chapter only insofar as the agree-
ment is in accord with State law. 
øSEC. 5103. LITIGATION MANAGEMENT AGREEMENTS. 
ø(a) AUTHORIZATION TO ENTER INTO LITIGA-
TION MANAGEMENT AGREEMENTS.—The author-
ized representative of a State or locality may 
enter into a litigation management agreement 
on behalf of the State or locality. Such litiga-
tion management agreements may provide 
that all claims against such Emergency Re-
sponse Providers arising out of, relating to, or 
resulting from an act of terrorism when Emer-
gency Response Providers from more than 1
3347 
State have acted in defense against, in re-
sponse to, or recovery from such act shall be 
governed by the following provisions. 
ø(b) FEDERAL CAUSE OF ACTION.— 
ø(1) IN GENERAL.—There shall exist a 
Federal cause of action for claims against 
Emergency Response Providers arising 
out of, relating to, or resulting from an 
act of terrorism when Emergency Re-
sponse Providers from more than 1 State 
have acted in defense against, in re-
sponse to, or recovery from such act. As 
determined by the parties to a litigation 
management agreement, the substantive 
law for decision in any such action shall 
be— 
ø(A) derived from the law, includ-
ing choice of law principles, of the 
State in which such acts of terrorism 
occurred, unless such law is incon-
sistent with or preempted by Federal 
law; or 
ø(B) derived from the choice of 
law principles agreed to by the par-
ties to a litigation management agree-
3348 
ment as described in the litigation 
management agreement, unless such 
principles are inconsistent with or 
preempted by Federal law. 
ø(2) JURISDICTION.—Such appropriate 
district court of the United States shall 
have original and exclusive jurisdiction 
over all actions for any claim against 
Emergency Response Providers for loss 
of property, personal injury, or death 
arising out of, relating to, or resulting 
from an act of terrorism when Emer-
gency Response Providers from more 
than 1 State have acted in defense 
against, in response to, or recovery from 
an act of terrorism. 
ø(3) SPECIAL
RULES.—In an action 
brought for damages that is governed by 
a litigation management agreement, the 
following provisions apply: 
ø(A) PUNITIVE DAMAGES.—No puni-
tive damages intended to punish or 
deter, exemplary damages, or other 
damages not intended to compensate 
a plaintiff for actual losses may be
3349 
awarded, nor shall any party be liable 
for interest prior to the judgment. 
ø(B) COLLATERAL
SOURCES.—Any 
recovery by a plaintiff in an action 
governed by a litigation management 
agreement shall be reduced by the 
amount of collateral source com-
pensation, if any, that the plaintiff 
has received or is entitled to receive 
as a result of such acts of terrorism. 
ø(4) EXCLUSIONS.—Nothing in this sec-
tion shall in any way limit the ability of 
any person to seek any form of recovery 
from any person, government, or other 
entity that— 
ø(A) attempts to commit, know-
ingly participates in, aids and abets, 
or commits any act of terrorism, or 
any criminal act related to or result-
ing from such act of terrorism; or 
ø(B) participates in a conspiracy 
to commit any such act of terrorism 
or any such criminal act.
3350 
øSEC. 5104. ADDITIONAL PROVISIONS. 
ø(a) NO ABROGATION
OF OTHER IMMUNI-
TIES.—Nothing in this chapter shall abrogate 
any other immunities from liability that any 
party may have under any other State or Fed-
eral law. 
ø(b) EXCEPTION FOR CERTAIN FEDERAL LAW 
ENFORCEMENT
ACTIVITIES.—A 
mutual 
aid 
agreement or a litigation management agree-
ment may not apply to law enforcement secu-
rity operations at special events of national 
significance under section 3056(e) of title 18, 
United States Code, or to other law enforce-
ment functions of the United States Secret 
Service. 
ø(c) SECRET SERVICE.—Section 3056 of title 
18, United States Code, is amended by adding 
at the end the following new subsection: 
ø‘‘(g) The Secret Service shall be main-
tained as a distinct entity within the Depart-
ment of Homeland Security and shall not be 
merged with any other department function. 
All personnel and operational elements of the 
United States Secret Service shall report to 
the Director of the Secret Service, who shall 
report directly to the Secretary of Homeland
3351 
Security without being required to report 
through any other official of the Depart-
ment.’’. 
øSEC. 5105. DEFINITIONS. 
øFor purposes of this chapter, the fol-
lowing definitions apply: 
ø(1) 
AUTHORIZED
REPRESENTATIVE.— 
The 
term 
‘‘authorized 
representative’’ 
means— 
ø(A) in the case of the Federal 
Government, 
any 
individual 
des-
ignated by the President with respect 
to the executive branch, the Chief 
Justice of the United States with re-
spect to the judicial branch, or the 
President pro Tempore of the Senate 
and Speaker of the House of Rep-
resentatives with respect to the Con-
gress, or their designees, to enter into 
a mutual aid agreement; 
ø(B) in the case of a locality, the 
official designated by law to declare 
an emergency in and for the locality, 
or the official’s designee;
3352 
ø(C) in the case of a State, the 
Governor or the Governor’s designee. 
ø(2) EMERGENCY.—The term ‘‘emer-
gency’’ means a major disaster or emer-
gency declared by the President, or a 
State of Emergency declared by an au-
thorized representative of a State or lo-
cality, in response to which assistance 
may be provided under a mutual aid 
agreement. 
ø(3) EMERGENCY RESPONSE PROVIDER.— 
The term ‘‘Emergency Response Pro-
vider’’ means State or local emergency 
public safety, law enforcement, emer-
gency response, emergency medical (in-
cluding hospital emergency facilities), 
and related personnel, agencies, and au-
thorities that are a party to a litigation 
management agreement. 
ø(4) EMPLOYEE.—The term ‘‘employee’’ 
means, with respect to a party to a mu-
tual aid agreement, the employees of the 
party, including its agents or authorized 
volunteers, who are committed to provide 
assistance under the agreement.
3353 
ø(5) LITIGATION
MANAGEMENT
AGREE-
MENT.—The term ‘‘litigation management 
agreement’’ means an agreement entered 
into pursuant to the authority granted 
under section 5103. 
ø(6) LOCALITY.—The term ‘‘locality’’ 
means a county, city, or town. 
ø(7) 
MUTUAL
AID
AGREEMENT.—The 
term ‘‘mutual aid agreement’’ means an 
agreement entered into pursuant to the 
authority granted under section 5102. 
ø(8) PUBLIC SERVICE EVENT.—The term 
‘‘public 
service 
event’’ 
means 
any 
undeclared emergency, incident, or situa-
tion in preparation for or response to 
which assistance may be provided under 
a mutual aid agreement. 
ø(9) REQUESTING
PARTY.—The term 
‘‘requesting party’’ means, with respect to 
a mutual aid agreement, the party in 
whose jurisdiction assistance is provided, 
or a training event is held, under the 
agreement. 
ø(10) RESPONDING
PARTY.—The term 
‘‘responding party’’ means, with respect
3354 
to a mutual aid agreement, the party pro-
viding assistance, or participating in a 
training event, under the agreement, but 
does not include the requesting party. 
ø(11) STATE.—The term ‘‘State’’ in-
cludes each of the several States of the 
United States, the District of Columbia, 
the Commonwealth of Puerto Rico, the 
Virgin Islands, Guam, American Samoa, 
and the Commonwealth of the Northern 
Mariana Islands, and any other territory 
or possession of the United States, and 
any political subdivision of any such 
place. 
ø(12) 
TRAINING
EVENT.—The 
term 
‘‘training event’’ means an emergency 
and public service event-related exercise, 
test, or other activity using equipment 
and personnel to prepare for or simulate 
performance of any aspect of the giving 
or receiving of assistance during emer-
gencies or public service events, but does 
not include an actual emergency or pub-
lic service event.
3355 
øCHAPTER 3—MISCELLANEOUS MATTERS 
øSEC. 5131. ENHANCEMENT OF PUBLIC SAFETY COMMU-
NICATIONS INTEROPERABILITY. 
ø(a) COORDINATION
OF
PUBLIC
SAFETY 
INTEROPERABLE COMMUNICATIONS PROGRAMS.— 
ø(1) 
PROGRAM.—The 
Secretary 
of 
Homeland Security, in consultation with 
the Secretary of Commerce and the 
Chairman of the Federal Communica-
tions Commission, shall establish a pro-
gram to enhance public safety interoper-
able communications at all levels of gov-
ernment. Such program shall— 
ø(A) establish a comprehensive 
national approach to achieving public 
safety interoperable communications; 
ø(B) coordinate with other Fed-
eral agencies in carrying out sub-
paragraph (A); 
ø(C) develop, in consultation with 
other appropriate Federal agencies 
and State and local authorities, ap-
propriate minimum capabilities for 
communications interoperability for
3356 
Federal, State, and local public safety 
agencies; 
ø(D) accelerate, in consultation 
with other Federal agencies, includ-
ing the National Institute of Stand-
ards and Technology, the private sec-
tor, and nationally recognized stand-
ards organizations as appropriate, 
the 
development 
of 
national 
vol-
untary consensus standards for pub-
lic safety interoperable communica-
tions; 
ø(E) encourage the development 
and implementation of flexible and 
open architectures, with appropriate 
levels of security, for short-term and 
long-term solutions to public safety 
communications interoperability; 
ø(F) assist other Federal agencies 
in identifying priorities for research, 
development, and testing and evalua-
tion with regard to public safety 
interoperable communications; 
ø(G) identify priorities within the 
Department of Homeland Security for
3357 
research, development, and testing 
and evaluation with regard to public 
safety interoperable communications; 
ø(H) establish coordinated guid-
ance for Federal grant programs for 
public safety interoperable commu-
nications; 
ø(I) provide technical assistance 
to State and local public safety agen-
cies regarding planning, acquisition 
strategies, interoperability architec-
tures, training, and other functions 
necessary to achieve public safety 
communications interoperability; 
ø(J) develop and disseminate best 
practices to improve public safety 
communications interoperability; and 
ø(K) 
develop 
appropriate 
per-
formance measures and milestones to 
systematically measure the Nation’s 
progress towards achieving public 
safety 
communications 
interoper-
ability, including the development of 
national voluntary consensus stand-
ards.
3358 
ø(2) OFFICE FOR INTEROPERABILITY AND 
COMPATIBILITY.— 
ø(A) ESTABLISHMENT
OF
OFFICE.— 
The Secretary may establish an Office 
for 
Interoperability 
and 
Compat-
ibility to carry out this subsection. 
ø(B) FUNCTIONS.—If the Secretary 
establishes such office, the Secretary 
shall, through such office— 
ø(i) carry out Department of 
Homeland Security responsibil-
ities and authorities relating to 
the SAFECOM Program; and 
ø(ii) carry out subsection (c) 
(relating to rapid interoperable 
communications capabilities for 
high risk jurisdictions). 
ø(3) APPLICABILITY
OF
FEDERAL
ADVI-
SORY COMMITTEE ACT.—The Federal Advi-
sory Committee Act (5 U.S.C. App.) shall 
not apply to advisory groups established 
and maintained by the Secretary for pur-
poses of carrying out this subsection. 
ø(b) REPORT.—Not later than 120 days 
after the date of the enactment of this Act, the