Transcription
The Safety Act: How ToEnsure A Secure Future
As part of the Homeland Security Act of 2002, Public Law 107296, Congressenacted the SAFETY Act. The SAFETY Act provides incentives for thedevelopment and deployment of anti-terrorism technologies by creatinga system of “risk management” and a system of “litigation management.”The purpose of the Act is to ensure that the threat of liability does notdeter potential manufacturers or Sellers of anti-terrorism technologiesfrom developing and commercializing technologies that could significantlyreduce the risks or mitigate the effects of large-scale terrorist events. TheAct thus creates certain liability limitations for “claims arising out of,relating to, or resulting from an act of terrorism” where qualified antiterrorism technologies have been deployed.
Intended to facilitate the development and deployment of antiterrorism technologies by creating systems of “risk management” and“litigation management.”
Risk Management: The detailed SAFETY Act review and qualificationprocess tells others that the approved anti-terrorism goods orservices successfully passed the DHS’ stringent scrutiny anddemonstrated the proven efficacy required. Insurance 1: After review – DHS will advise on the level of insurancerequired for the technology owner. Insurance 2: Could be a tool used in underwriting to support morefavorable underwriting decisions for user of Safety Act approvedtechnology.
Insurance Cost Organizational Risk Management Behavior Increase Chance of Enterprise will survive terrorist attack Potential to Minimize or Avoid Litigation Preserve Essential Corporate Assets
Liability Insurance required by DHS; Government Immunity 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
“[Causes] of action (arising from a terrorist event) may be broughtonly against the Seller of the QATT and may not be brought againstthe 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. QATT Qualified Anti-Terrorism Technology
The SAFETY Act's regulations state that SAFETY Act automaticallygrants complete immunity to seller’s vendors, and distributors if aSafety Act product, technology, software, facility, procedure or servicesomehow fails to prevent or mitigate a terrorist attack. Seller and downstream users may Assert the Government ContractorDefense for claims arising from acts of terrorism.
Public Listing: Company will be placed on DHS’s Approved Products List forHomeland Security An exciting feature, although not the SAFETY Act’s intended purpose, is thesignificant marketing edge and higher demand that SAFETY Act approvalcreates for entities who provide products and services to others. The detailed SAFETY Act review and qualification process tells others thatthe approved anti-terrorism goods or services successfully passed the DHS’stringent scrutiny and demonstrated the proven efficacy required.
A SAFETY Act applicant can be an individual or a business entity. Theapplicant can be a public, quasi-public or private concern or acombination such as an airport or port authority. A municipality,county or state is just as eligible under SAFETY Act as a largecorporation. SAFETY Act can also apply to a school or university for both itssecurity, warning and evacuation procedures on campus or, to itsresearch in the homeland security arena. There are no limitationsunder the law as to who or what can apply.
SAFETY Act protection benefits the approved applicant but actually applies to, andfollows the approved "Technology". Technology under the SAFETY Act can be any device,product, technology, software, procedure, advice, service or any combinationthereof, that is used for preventing, detecting, identifying or deterring acts of terrorismincluding cyber terrorism. It can also apply to products or services that aid in theresponse to, recovery from, or limit the harm such terrorist acts might cause. A protected product or service does not have to be new, high-tech, or be dedicatedexclusively to terrorism prevention, response, mitigation or recovery. It can havemultiple uses as long as it has an anti-terrorism element or impact.
Threat and vulnerability assessments andservices Detection and Monitoring Systems Blast Mitigation Systems and Materials Screening Services Sensors and Sensor Integration andServices Threatening Object Detectors Facility and Infrastructure Security Evacuation Plans & Procedures Training Maintenance Services Decision Support Software Cyber and Network SecuritySoftware Security and ServicesFirewall and Malware SoftwareCrisis Management SystemsVaccines and other MedicationsAny Related Terror Response andMitigation Technologies Communications Equipment Protective Clothing, Devices, Equipmentor Gear
International Council of Shopping Centers, Inc.August 12, 2013 - The International Council of Shopping Centers, Inc. provides the Shopping Center SecurityTerrorism Awareness Training Program (the “Technology”). The Technology is a web-based “Awareness Level”anti-terrorism training course certified by the Federal Emergency Management Agency (“FEMA”) as FEMA coursenumber AWR304-W. The course provides security personnel with increased awareness of the various facets ofterrorism and criminal activity that could occur at a retail facility. The Technology does not provide operationaltraining for response to terrorist events. This Designation will expire on September 30, 2018.Kenton County Airport BoardNovember 24, 2015 - Kenton County Airport Board provides Cincinnati/Northern Kentucky Airport (“CVG”)Airport Security Management Plan (the “Technology”). The Technology is the development and implementation ofits Transportation Security Administration (“TSA”)–approved Airport Security Management Plan, which includesphysical and electronic security measures, tools, and procedures. The Technology also includes the operations andtraining of airport police, security, and rescue and firefighting personnel; operations of the airport EmergencyOperations Center; selection and integration of physical and technical security systems and procedures; airportsecurity plans and planning documentation; and, the maintenance of physical and technical security measures. ThisDesignation and Certification will expire on December 31, 2020.
Cleveland Browns Stadium Company LLCSeptember 18, 2017 - Cleveland Browns Stadium Company LLC, Cleveland Browns Football Company LLC,JHAC, LLC, and the City of Cleveland provides Cleveland Browns Stadium Company Security Program forFirstEnergy Stadium (the “Technology”). The Technology is a comprehensive program comprised of physical andelectronic security equipment, tools, emergency planning processes and procedures, and properly trained personnel,whose program encompasses the entire Stadium property, including the seating bowl and suites, gates, loading dock,inner and secondary perimeters, field, locker rooms, areas housing utility and mechanical systems, command center,and service level garage. This Designation will expire on October 31, 2022.National Football LeagueNovember 14, 2013 - The National Football League provides National Football League (“NFL”) Best Practices forStadium Security (the “Technology”). The Technology is a set of guidelines for football stadium securitymanagement designed to deter and defend against terrorist attacks at sports stadiums. It includes standards for nongame day operations, game day operations, and threat assessments and emergency plans. The Technology alsoincludes the NFL’s Stadium Security Evaluation and Compliance Program, the hiring, vetting, qualifications, andtraining of the personnel used to provide the programs and services. The Technology does not include each NFLclub’s or stadium owner’s or operator’s implementation of the Technology. This Designation and Certification willexpire on November 30, 2018.
IndustrySuite, LLC, dba Real-Time Technology GroupAugust 12, 2015 - IndustrySuite, LLC, dba Real-Time Technology Group provides Real-Time Verification (“RTV ” or the “Technology”). The Technology is a web-based Software-as-a-Service (“SaaS”) application foridentity verification, background screening, credential management, and records management, to help users deterand prevent unverifiable or undesirable persons from gaining access to critical infrastructure sites. The Technologyalso includes training materials, technical support, and users’ guides and manuals. This Designation will expire onAugust 31, 2020.ChoicePoint, Inc.May 15, 2009 - ChoicePoint, Inc., provides CPScreen.com. The Technology is a web-based screening utility thatprovides background screening, personnel surety, credentialing, and public records services to Government, publicand private businesses, including critical facility and key infrastructure owners and operators, and nonprofitorganizations. The Technology also includes training materials, reference guides, and instructional programmingpertaining to its use. This Designation will expire on June 30, 2014.
Protect your enterprise! Limit your liability Possible Insurance Savings Think outside the box Buy outside the box Derivative Protections Market Differentiator! Flow-down liability protections Possible Partnership protections Publicly list with DHS Safety Act Mark on Product/Service Customer/Partner Comfortable
https://www.safetyact.gov Mareco Edwards, Esq.Medwards@southriverlaw.com or 443-867-6099
including cyber terrorism. It can also apply to products or services that aid in the response to, recovery from, or limit the harm such terrorist acts might cause. A protected product or service does not have to be new, high-tech, or be dedicated exclusively to terrorism prevention, response, mitigation or recovery. It can have
