 | HomelandSecurity #398 Public Law 107296 107th http://www.govtrack.us/congress/bill.xpd?bill=h107-5005 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 unreasonably distort the sales price of Sellers 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 manufacture, qualification, sale, |
 | HomelandSecurity #397 Public Law 107296 107th http://www.govtrack.us/congress/bill.xpd?bill=h107-5005 from any person, government, or other entity that— (1) attempts to commit, knowingly participates in, aids and abets, or commits any act of terrorism, or any criminal act related to or resulting from such act of terrorism; or (2) participates in a conspiracy to commit any such act of terrorism or any such criminal act.SEC. 864. RISK MANAGEMENT. 6 USC 443. (a) IN GENERAL.— VerDate 11-MAY-2000 22:55 Dec 10, 2002 Jkt 019139 PO 00296 Frm 00106 Fmt 6580 Sfmt 6581 116 STAT. 2241 (1) LIABILITY INSURANCE REQUIRED.—Any person or entity that sells or otherwise provides a qualified anti-terrorism technology to Federal and non-Federal Government customers (Seller) shall obtain liability insurance of such types and in such amounts as shall be required in accordance with this section and certified by the Secretary to satisfy |
 | HomelandSecurity #16 Public Law 107296 107th http://www.govtrack.us/congress/bill.xpd?bill=h107-5005 Firearms, and Explosives. Sec. 1114. Explosives training and research facility. Sec. 1115. Personnel management demonstration project. Sec. Sec. Sec. Sec. 1121. 1122. 1123. 1124. Subtitle C—Explosives Short title. Permits for purchasers of explosives. Persons prohibited from receiving or possessing explosive materials. Requirement to provide samples of explosive materials and ammonium nitrate. Destruction of property of institutions receiving Federal financial assistance. Relief from disabilities. Theft reporting requirement. Authorization of appropriations. Sec. 1125. Sec. 1126. Sec. 1127. Sec. 1128. Sec. Sec. Sec. Sec. TITLE XII—AIRLINE WAR RISK INSURANCE LEGISLATION 1201. Air carrier liability for third party claims arising out of acts of terrorism. 1202. Extension |
 | HomelandSecurity #395 Public Law 107296 107th http://www.govtrack.us/congress/bill.xpd?bill=h107-5005 consideration of such technology under this subsection. This presumption of the government contractor defense 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 responsible for the review and approval of antiterrorism technology for purposes of establishing a government contractor defense in any product liability lawsuit 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 this paragraph and paragraph (3), have been deployed in defense against or response or recovery from such act |
 | HomelandSecurity #389 Public Law 107296 107th http://www.govtrack.us/congress/bill.xpd?bill=h107-5005 deployment in public and private settings. (3) Existence of extraordinarily large or extraordinarily unquantifiable potential third party liability risk exposure to the Seller or other provider of such anti-terrorism technology. (4) Substantial likelihood that such anti-terrorism technology will not be deployed unless protections under the system of risk management provided under this subtitle are extended. (5) Magnitude of risk exposure to the public if such antiterrorism technology is not deployed. VerDate 11-MAY-2000 22:55 Dec 10, 2002 Jkt 019139 PO 00296 Frm 00104 Fmt 6580 Sfmt 6581 116 STAT. 2239 (6) Evaluation of all scientific studies that can be feasibly conducted in order to assess the capability of the technology to substantially reduce |
 | HomelandSecurity #642 Public Law 107296 107th http://www.govtrack.us/congress/bill.xpd?bill=h107-5005 (i); and (3) by redesignating the third subsection (h) (relating to limitation on liability for acts to thwart criminal violence for aircraft piracy) as subsection (k). TITLE XV—TRANSITION Subtitle A—Reorganization Plan SEC. 1501. DEFINITIONS. 6 USC 541. For purposes of this title: (1) The term agency includes any entity, organizational unit, program, or function. VerDate 11-MAY-2000 22:55 Dec 10, 2002 Jkt 019139 PO 00296 Frm 00173 Fmt 6580 Sfmt 6581 PsN: PUBL296 116 STAT. 2308 PUBLIC LAW 107296—NOV. 25, 2002 (2) The term transition period means the 12-month period beginning on the effective date of this Act. 6 USC 542. Deadline. President. SEC. 1502. REORGANIZATION PLAN. Applicability. (a) SUBMISSION OF PLAN.—Not later than 60 days after |
 | HomelandSecurity #629 Public Law 107296 107th http://www.govtrack.us/congress/bill.xpd?bill=h107-5005 LIABILITY OF AIR CARRIERS.—An air carrier shall not be liable for damages in any action brought in a Federal or State court arising out of a Federal flight deck officers use of or failure to use a firearm. (2) LIABILITY OF FEDERAL FLIGHT DECK OFFICERS.—A Federal flight deck officer shall not be liable for damages in any action brought in a Federal or State court arising out of the acts or omissions of the officer in defending the flight deck of an aircraft against acts of criminal violence or air piracy unless the officer is guilty of gross negligence or willful misconduct. (3) LIABILITY OF FEDERAL GOVERNMENT.—For purposes of an action against the United States with respect to an act or omission of a Federal flight deck officer in defending the flight deck of an aircraft, |
 | HomelandSecurity #400 Public Law 107296 107th http://www.govtrack.us/congress/bill.xpd?bill=h107-5005 use or operation 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 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, whether for compensatory |
 | HomelandSecurity #403 Public Law 107296 107th http://www.govtrack.us/congress/bill.xpd?bill=h107-5005 States), in or outside the United States; and (iii) uses or attempts to use instrumentalities, 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, partnership, individual aggregation of individuals, or any other legal entity that provides commercial property and casualty insurance. Such term includes any affiliates of a commercial insurance carrier. (4) LIABILITY INSURANCE.— (A) IN GENERAL.—The term liability insurance means insurance for legal liabilities incurred by the insured resulting from— (i) loss of or damage to property of others; (ii) ensuing loss of income |
 | HomelandSecurity #401 Public Law 107296 107th http://www.govtrack.us/congress/bill.xpd?bill=h107-5005 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. SEC. 865. DEFINITIONS. 6 USC 444. Applicability. For purposes of this subtitle, the following definitions apply: (1) QUALIFIED ANTI-TERRORISM TECHNOLOGY.—For purposes of this subtitle, the term qualified anti-terrorism technology VerDate 11-MAY-2000 22:55 Dec 10, 2002 Jkt 019139 PO 00296 Frm 00107 Fmt 6580 Sfmt 6581 PsN: PUBL296 116 STAT. 2242 PUBLIC LAW 107296—NOV. 25, 2002 means any product, equipment, service (including support services), device, or technology (including information technology) designed, developed, modified, or procured for the specific purpose |
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