Transcript SAFETY Act Insurance Evaluation

Protecting you, Protecting U.S.
SAFETY Act
The Support Anti-terrorism by Fostering Effective Technologies Act of 2002
Bruce Davidson
Deputy Director
Office of SAFETY Act Implementation (OSAI)
Science and Technology Directorate
Department of Homeland Security
From Science and Technology… Security and Trust
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The SAFETY Act in the News…
Rapiscan
Security
“ADT
helps
secure
90effectively
percent
of
Quatrotec,
ADT
Security
Inc.:
“Brijot
is
proud
to
have
demonstrated to DHS that
Brijot
Imaging
"Quatrotec
is
proud
to
be
one
of
the
"Another
key
factor
was
that
Rapid
Responder
Prepared
Response,
Products,
Inc.
:
Quatrotec
Services,
Inc.:
the
Fortune
500
companies,
half
Systems,
Inc.:
BISour
technology
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only
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U.S.
Department
of
Homeland
Security
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Prime
of
the
country’s
top
50
national
against
terrorist
threats,”
said
Mitchel
J.
Laskey,
president
systems
500
and providers to receive
handling
service
•Security
“Allows
police,
fire,
other first Act. The certification
The
Transportation
Security Administration (TSA)
through
theand
SAFETY
Cargo
Handling
600
model
lines
“A
passive
wave
full
SAFETY
ActRapid
approval,"
said
responders
and
chief
tomillimeter
instantly
executive
access
more
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Brijot.
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meeting
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bank
holding
process
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an
awarded
a
contract
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Rapiscan
Systems,
the
security
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than
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pointsdetection
for any
concealed
threat
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systems
are
nonDominic
Della
Maggiora,
President
the
standards
associated
with
the
SAFETY
Act review
structure,
including
tactical
companies,
and
more
than
half
of
effective,
reliable,
and
safe
anti-terrorism
system.
The
Technology,
division
of
OSI
Systems
Inc.,
based
in
Hawthorne,
intrusive
X-ray
devices
Systems
response
plans, evacuation
routes,
•“The
services
are
of
Quatrotec.
"Particularly
given
our
which
includes
the
Prime
technology
and
places
Rapid
Responder
the technology and reflects
utilizing
ionizing
radiation,
procedure
confirms
the
quality
ofonour
satellite
and
geospatial
(GIS)
the
30
busiest
airports
in
the
Calif.,
for
the
company's
new
620AT
X-ray screening
intended
to
help
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These
and
systems
the
GEN
include
2 models,
the
software
and
hardware
to
DHS
Approved
Product
List
for
Homeland
imagery,
exterior
and
interior
focus
on
extremely competitive
theour
professional
proficiency
of$97
themillion.
Brijot team.”
secure
public
and
uses
installation
millimeter
and
integration
wave
devices
in a deal
valued
atCEO
up to
The new
create
a
display
for
an
photos,
floor
plans,
utility
shut-off
United
States.”
Security.“
–
Jim
Finnell,
president
and
of
and
sensitive
market
of
detectors
of
airport
baggage
toliability
image
and
suspicious
private
facilities
locations,
hazardous
chemical
operator
to
view
a and
densityApproval
of
Brijot's
BIS-WDS®
under
the
SAFETY
Act
devices
will
screen
the
carry-on
luggage
of
Prepared
Response,
Inc.
objects
cargo
handling
made
of
systems,
metal,
inventories,
and
more.”
infrastructure.”
based
picture in which
airport security, we are proud to offer
Rapiscan
provides Brijot, its customers, distributors and
subcontractors
protection from and reduced liability for lawsuits and claims
arising
out of animmediately
act of terrorism
where Brijot's technology is
to
be
dismissed
from
Responder system in 1,000
• SAFETY
Act
Designated
•SAFETY
Act
Designated
utilized.
Importantly,
these
benefits are only available to
schools…”
claims
alleging
terror-related
liability
and Certified
customers
and
utilizing SAFETY Act approved
arising
out of the
useothers
of Quatrotec's
products, like Brijot's BIS-WDS®.”
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services."
security
plastic,
systems,
composite,
andtypes
passengers
under the contract, which
shapes ceramic,
and
•SAFETY
Act material
Designated
and
•SAFETY
Act
significant
liability protections to our
liquid,
related
and
components.
other
materials
Certified
contained
in
baggage,
announced Tuesday.
Designated
and person
present
on
a subject
parcels,
or
other
customers,
including
•SAFETY
Act
Designated
•“…has
been
awarded
$7 million to the opportunity
from
a
stand-off
distance.”
Certified
containers
are outlined.”
installCertified
the company’s
Rapid
and
®
A Summary of the SAFETY Act
• The Support Anti-terrorism by Fostering
Effective Technologies Act of 2002 (SAFETY
Act) was enacted as part of the Homeland
Security Act of 2002 (Title VIII, Subtitle G)
• Intended to facilitate the development and
deployment of anti-terrorism technologies by
creating systems of “risk management” and
“litigation management”
• Protections apply only to claims arising out of,
relating to, or resulting from an Act of Terrorism
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What is considered an “Anti-Terrorism
Technology?”
• Any technology that is designed, developed, modified
or procured for preventing, detecting, identifying, or
deterring acts of terrorism or limiting the harm such
acts might otherwise cause
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What is Eligible for SAFETY Act
Protections?
Examples of eligible technologies:
•Threat and vulnerability assessment services
The SAFETY Act liability
protections apply to a vast range
of technologies, including:
•Detection Systems
•Blast Mitigation Materials
• Products
•Screening Services
• Services
•Sensors and Sensor Integration
• Software and other forms of
intellectual property
•Threatening Object Detectors
•Decision Support Software
•Security Services
•Crisis Management Systems
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Difficulties in Civil Cases Involving Terrorism
Obtaining a recovery
Did the ATT fail?
• Intentional attack
• Not 100%
• Security architecture
• Gaps
• Availability of evidence
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Snapshot of the Distinction
Certification:
High confidence
it will continue
to be effective.
Designation:
Proven effectiveness.
DTED:
Additional evidence of
effectiveness needed.
Shows potential.
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Benefits of SAFETY Act Designation
• Liability = Insurance required by DHS
• Exclusive action in Federal court
• No joint and several liability for non-economic
damages
• No punitive damages or prejudgment interest
• Plaintiff's recovery reduced by amounts from
collateral sources
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Importance of SAFETY Act’s Liability Protections
Preserve Seller’s essential assets
Greater chance the enterprise will survive
($$$, executive focus, reputation)
Incentive for early settlement of claims
• Designation (cap, no punitives, no prejudgment interest, limits on JSL)
• Certification (GCD, Motion to Dismiss)
Consolidate litigation
• Federal Court: National procedure (FRCP); predictability, capacity
• Reduce forum shopping
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SAFETY Act Protections Extend to Users
“Such cause of action may be brought only
against the Seller of the QATT and may not be
brought against the buyers, the buyers’
contractors, downstream users of the QATT, the
Seller’s suppliers or contractors, or any other
person or entity…”
Preamble to Final Rule, 6 CFR Part 25, at 33150.
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The SAFETY Act as a Requirement
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The SAFETY Act as a Requirement
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Criteria for SAFETY Act Designation
• Prior United States Government use or demonstrated substantial utility
and effectiveness
• Availability of the Technology for immediate deployment in public and
private settings
• Existence of extraordinarily large or unquantifiable potential third party
liability risk exposure to the Seller or other provider of the technology
• Substantial likelihood that the Technology will not be deployed unless
SAFETY Act risk management protections are extended
• Magnitude of risk exposure to the public if the Technology is not
deployed
• Evaluation of scientific studies that can be feasibly conducted in order to
assess the capability of the Technology to substantially reduce risks of
harm
• Whether the Technology is effective in facilitating the defense against
Acts of Terrorism
• ATT determination made by Federal, State, or Local officials
Red=Technical criterion
Blue=Economic criterion
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What Do We Look for in Terms of
Effectiveness in a SAFETY Act Application?
• Successful testing in operational environment
Operational testing
 Evidence of performance metrics, including:
o Probability of Detection
o False Positive and False Negative Rates
o Limits of Detection (and why that limit is relevant)
o Interferrents
o Maintenance and Training
•
•
•
•
•
•
Suitable performance of past deployments documented
Domain expertise appropriate and available
In/external audits favorable
Customer feedback favorable
QA plans documented
Repeatability proven
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What Are the Benefits of SAFETY Act
Certification?
In addition to the benefits provided under
Designation, Certification allows a Seller to:
• Assert the Government Contractor Defense for
claims arising from acts of terrorism
• Be placed on DHS’s Approved Products List for
Homeland Security
• Certificate of Conformance issued to the Seller
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Additional Criteria for Certification
• Designation is a prerequisite for granting
Certification
• To receive Certification, a Qualified Antiterrorism Technology must also be shown to:
 Perform as intended
 Conform to the Seller’s specifications
 Be safe for use as intended
 Seller is required to provide safety and hazard
analyses
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Certification
Performs as intended:
High confidence it will continue to be effective
• Consistent positive results (e.g., long-term low failure rates
and false alarms)
• Reliability/Availability is high (e.g., MTBF)
• Performs in accordance with performance specifications
• Installation, use, maintenance procedures proven
• Documented processes (e.g., training, hiring, technology
refresh) are being followed
• Standards are identified and met
• QA/QC processes are effective
Note: Designation is a prerequisite
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Developmental Testing and Evaluation
Designation (DT&E Designation)
• Certain Anti-Terrorism Technologies being
developed could serve as homeland security
resources, but require additional testing and
evaluation
• Provides SAFETY Act liability protection
(Designation) for a limited term (presumptively
not longer than 36 months), usually limited to
certain deployment sites.
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Details of Developmental Testing and
Evaluation Designation
May be appropriate if your Technology
• Is in a prototype stage
• Has lab tests that are not operational in nature (too
controlled)
• Indicates potential effectiveness
• Has a testing scenario identified and “customers”
to prove relevant metrics
*Needs protections nevertheless
due to liability during testing scenario
or deployment during “heightened risk”
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SAFETY Act Award Summary
DTED
Designation
Certification
Effectiveness
Evaluation
Needs more
proof, but
potential exists
Proven
effectiveness
(with confidence
of repeatability)
Consistently proven
effectiveness (with high
confidence of enduring
effectiveness)
Protection
Liability cap
Liability cap
only for
identified test
event(s) and
for limited
duration
(≤3yrs)
for any and all
deployments made
within 5-8 year
term
Government Contractor of
Defense (GCD)
for any and all
deployments made within
5-8 year term
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Timeline of Review Process
Pre-Application
Scoring
Response letter
to applicant
21 Days
Full Application
Receiving &
Completeness
30 Days
Technical Review
Consolidation
Economic Review
50 Days
Presentation of
Findings
15 Days
DHS
Decision
25 Days
120 Days
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How is Your Proprietary Data Protected?
• Strong data protection measures that conform to
DHS information security standards
• All application reviewers are screened for
conflicts of interests, sign conflict of interest
statements for each application they review, and
sign general nondisclosure agreements
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Who are the SAFETY Act Reviewers?
• Approximately 420 experts available to review applications.
• Conflict of Interest & Non-Disclosure Agreement signed by each
reviewer per application.
• Three Technical Reviewers and two Economic Reviewers per
application.
• Reviewers from the FFRDCs, non-profits, Federal Government,
Federal & National Labs, and Academia.
• 100+ already trained reviewers (SMEs) in:
Cyber
Economic
Chemical
Rad/Nuc
Biological Human
Explosive
Services
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Pre-Application Consultation
• Provided at no cost (as is the rest of the program)
• Offer the opportunity to have a teleconference with the
Office of SAFETY Act Implementation staff
• Receive a preliminary assessment of your product or
service and its potential eligibility for SAFETY Act
liability protections
• Obtain guidance for completing the applications for
Designation and Certification
• Ask us questions!
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Where are SAFETY Act Products Used?
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Representative FY 2007 SAFETY Act Approved Technologies:
Incident Management
Previstar, Inc.: RAMSAFE™/PREVISTAR CPS™
Previstar, Inc., provides RAMSAFE™/PREVISTAR CPS™, an incident command
system software solution for disaster management designed for the public safety
community. The Technology is compliant with the concepts of the Department of
Homeland Security’s National Incident Management System (NIMS) and Incident
Command System (ICS).
Weston Solutions, Inc.: RespondFastSM
Weston Solutions, Inc., provides RespondFastSm, a real-time monitoring system that
provides data collection and management support for command and control, emergency
management, plume modeling, and other applications that support incident management
and recovery efforts.
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Representative FY 2007 SAFETY Act Approved Technologies:
Incident Management
MadahCom, Inc.: Wireless Audio Visual Emergency System
(WAVES)
MadahCom, Inc., provides a fixed Wireless Audio Visual Emergency System (WAVES)
and a portable Tactical WAVES (TACWAVES) (collectively, WAVES). WAVES
provides mass notification to alert, warn and inform people of actions to take in the
event of a terrorist attack.
Defense Group Inc.: CoBRA© Software
Defense Group Inc., provides CoBRA© Software, a crisis management and emergency
response decision support and incident reporting system for chemical, biological,
radiological, nuclear, and explosive (CBRNE) incidents.
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Representative FY 2007 SAFETY Act Approved Technologies:
Incident Management
High Rise Escape Systems, Inc.: Guardian and Responder
High Rise Escape Systems, Inc., provides the Guardian and Responder. These
emergency evacuation systems serve as an alternate and emergency means of egress
for buildings and structures up to 999 feet tall when traditional means of escape are
unavailable due to fire, smoke, or other damage, including that caused by a terrorist
attack.
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Representative FY 2007 SAFETY Act Approved Technologies:
Information Sharing/Management
BAE Systems Information and Electronic Systems Integration, Inc.:
First InterComm™ (First Responder Interoperable
Communications) System
BAE Systems Information and Electronic Systems Integration, Inc., provides the First
InterComm™ (First Responder Interoperable Communications) System. First
InterComm™ is a system of devices that enables communications between disparate
radios and other communication devices employed by Federal, state and local public
safety agencies.
Raytheon Company: Device Relationship Management Solution
Raytheon Company provides a Device Relationship Management Solution that assists
customers in establishing a centralized enterprise data management system that
facilitates information exchange between security equipment and those who operate the
security equipment.
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Representative FY 2007 SAFETY Act Approved Technologies:
Information Sharing/Management
Gold Type Business Machines, Inc.: Info-Force™
Gold Type Business Machines, Inc., provides Info-Force™ a software suite and
associated services that provide access to multiple databases maintained by Federal,
state, and local governments.
L-3 Communication Corporation: Praetorian Surveillance Software
L-3 Communications Corporation, through its wholly-owned subsidiaries SY Coleman
Corporation and L-3 Communications Government Services, Inc., provides the
Praetorian Surveillance Software, an open-architecture, fully-integrated, extensible
software that integrates video and sensor data streams into a single-screen, real-time
immersive 3-D display. This Developmental Test and Evaluation Designation will
expire on July 31, 2010.
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Representative FY 2007 SAFETY Act Approved Technologies:
Chem/Bio Defense
Clean Earth Technologies, L.L.C.: Electrostatic Decontamination
System
Clean Earth Technologies, L.L.C., provides the Electrostatic Decontamination System,
a rapid portable surface decontamination technology capable of destruction of chemical
and biological warfare agents.
OWR/U.S.A. Inc.: OWR Decontamination System
OWR/U.S.A. Inc. provides the OWR Decontamination System. The Technology is used
to decontaminate personal equipment, heavy equipment, the interior or exterior of
vehicles, aircraft, vessels, and other areas affected by chemical or biological warfare
agents. The Technology uses GD-5, a non-aqueous, alkaline monoethanolamine
formulation chemical compound to decontaminate surfaces.
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Representative FY 2007 SAFETY Act Approved Technologies:
Chem/Bio Defense
Isonics Corporation: EnviroSecure© Detection System models 5100
and 5700
The Isonics Corporation provides the EnviroSecure© Detection System for the
detection of toxic industrial chemicals and chemical warfare agents. The Technology
which includes the 5100 and 5700 models, can be used as part of an existing building’s
heating, ventilation, and air conditioning (HVAC) system to continually monitor the air
for these substances.
Lockheed Martin Corporation: MetroGuard™
Lockheed Martin Corporation's MetroGuard™, for public facility protection
applications, provides an early warning of chemical, biological or radiological agent
release through the use of a network of single-point Remote Detector Units
(RDU). The release event is communicated by the RDU to one or more base station
control computers which receive and process sensor data for system operators and first
responders, thus enabling implementation of response protocols.
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Representative FY 2007 SAFETY Act Approved Technologies:
Explosive Prevention
Brijot Imaging Systems, Inc.: BIS-WDS™ Prime
Brijot Imaging Systems, Inc., provides BIS-WDS™ Prime, a passive millimeter wave
concealed threat detection system. The Technology, which includes the Prime 1603 and
the GEN 2 models, uses millimeter wave detectors to image suspicious objects made of
metal, plastic, ceramic, composite, liquid, and other materials present on a subject
person from a stand-off distance.
Nomadics, Inc.: Fido®
Nomadics, Inc., provides the Fido® line of portable trace explosives detectors. The
product line includes the Fido X, Fido XT, and robot-mounted variants, which are trace
detection systems that detect vapors and particles from explosive compounds.
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Representative FY 2007 SAFETY Act Approved Technologies:
Explosive Prevention
Raytheon Company: Security Equipment Integration
Raytheon Company provides Security Equipment Integration, a set of services which
can be used by airports and other transportation facilities for the integration and
installation of security equipment for the detection of explosives and other hazards.
Rapiscan Systems, Inc.: Secure 1000®
Rapiscan Systems, Inc., provides the Secure 1000®, a non-intrusive personnel
screening system designed to detect both metallic and nonmetallic objects (such as
ceramic, plastic, metallic, and organic matter, including liquid and solid explosives)
concealed under a person's clothing.
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Representative FY 2007 SAFETY Act Approved Technologies:
Infrastructure Protection
Securitas Holdings, Inc.: Security Assessments and Consulting
Services
Securitas Holdings, Inc., provides the Securitas Security Assessments and Consulting
Services, a suite of security assessment, consulting, and human resources investigations
and assessment services designed to enhance protection, deterrence, response and
recovery from terrorist acts against private and public facilities.
P&L E-Communications, LLC: AVT234
P&L E-Communications, LLC, provides the AVT234, a video content analysis software
program that utilizes a patented Target Motion Cueing (TMC) detection algorithm to
monitor many existing video streams to detect objects or personnel entering an area.
The Technology can automatically detect and cue operators to possible security threats
while reducing false alarms from noise sources. Developmental Testing & Evaluation
Designation
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Representative FY 2007 SAFETY Act Approved Technologies:
Infrastructure Protection
Quality Plus Engineering, LLC: Critical Infrastructure Protection
Forensics/Assurance/Analytics (CIP/FAA)
Quality Plus Engineering, LLC, provides the Critical Infrastructure Protection
Forensics/Assurance/Analytics (CIP/FAA) service. The CIP/ FAA service is intended to
aid in the protection of critical infrastructure and resources by providing risk auditing
and assurance services to evaluate vulnerabilities of critical targets.
Northrop Grumman Space & Mission Systems Corporation:
Tactical Automated Security System
Northrop Grumman Space & Mission Systems Corporation provides its Tactical
Automated Security System (TASS). The TASS provides planning services for the
development and integration of perimeter access security measures and responses.
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Additional SAFETY Act Information
• Online: www.safetyact.gov
 FAQs
 Help Topics
 Help Desk: Online form for questions requiring
an individual response
• Email: [email protected]
• Toll-Free: 1-866-788-9318
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