SAFETY Act. The Support Anti-terrorism by Fostering Effective Technologies Act of 2002

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1 SAFETY Act The Support Anti-terrorism by Fostering Effective Technologies Act of 2002 Bruce Davidson Director, Office of SAFETY Act Implementation DHS S&T

A Summary of the SAFETY Act Congressionally enacted as part of the Homeland Security Act of 2002 Provides legal liability protections for providers of qualified anti-terrorism technologies that could

2 A Summary of the SAFETY Act Congressionally enacted as part of the Homeland Security Act of 2002 Provides legal liability protections for providers of qualified anti-terrorism technologies that could save lives in the event of a terrorist attack Protections apply only to claims arising out of, relating to, or resulting from an act of terrorism when SAFETY Act covered technologies have been deployed The Secretary of Homeland Security determines an act to be an act of terrorism for purposes of the SAFETY Act 2

3 What is Eligible for SAFETY Act Protections? Examples of eligible technologies: Threat and Vulnerability Assessment Services The SAFETY Act liability protections apply to a wide range of technologies, including: Products Services Software and other forms of intellectual property Detection Systems Blast Mitigation Materials Screening Services Sensors and Sensor Integration Threatening Object Detectors Decision Support Software Security Plans / Services Crisis Management Systems Venue Security 3

4 What protections are available? Liability cap Exclusive action in federal court No joint and several liability for non-economic damages No punitive damages or prejudgment interest Limitations on the use and deployment Limited term Liability protections associated apply only to acts that occur during the term All benefits of Designation, plus Assert Government Contractor Defense Placed on SAFETY Act s Approved Product list for Homeland Security 4

EXAMPLES of QATT DEPLOYED at U.S. AIRPORTS Kenton County Airport Board- provides Cincinnati/Northern Kentucky Airport (CVG) Airport Security Management Plan.

5 EXAMPLES of QATT DEPLOYED at U.S. AIRPORTS Kenton County Airport Board- provides Cincinnati/Northern Kentucky Airport (CVG) Airport Security Management Plan.. Port Authority of New York and New Jersey - implements the LaGuardia Airport Security Program through a variety of procedures involving physical and electronic security measures, tools and procedures. Jackson Hole Airport Board - provides Airport Passenger and Baggage Security Screening at the Jackson Hole Airport. Five Star Airport Alliance, Inc.- provides Baggage Screening Systems and Services used in the design, installation, and commissioning of automated baggage handling systems for checked baggage. 5

6 EXAMPLES of QATT DEPLOYED at U.S. AIRPORTS Brock Solutions, Inc. and Brock Solutions U.S., Inc.- provide the Automated In-Line EDS Baggage Screening System. The Technology is a control and software package designed to be applied to baggage screening systems of varying complexity. Alclear, LLC - provides CLEAR. The Technology is a voluntary, biometrically secured, identification and access system for quicker airport passenger screening. Raytheon Company, and Raytheon Technical Services Company LLC - provide Security Equipment Integration (SEI) services. These services used for the installation and integration of security equipment applications at airport and transportation facilities for the detection of explosives and other prohibited items. 6

7 Are Users Protected? SAFETY Act Protections Extend to Users (whether Designation or Certification) 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 Qualified Anti-Terrorism Technology, the Seller s suppliers or contractors, or any other person or entity Preamble to Final Rule, 6 CFR Part 25, page *Seller- any person, firm, or other entity that provides a QATT to customer(s) and to whom a Designation has been issued. **QATT (Qualified Anti-Terrorism Technology), a technology or service that is approved by DHS for SAFETY Act protections. 7

8 Criteria for 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 Determination by Federal, State, or Local officials that the Technology is Anti- Terrorism Technology Red=Technical criterion Blue=Economic criterion 8

9 Is Technology Effective? Successful testing in operational environment Operational testing Evidence of performance metrics, including: Probability of Detection False Positive and False Negative Rates Limits of Detection (and why that limit is relevant) Interferrents 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 9

DT&E Designation For technology that: Is in a prototype stage Has lab tests that are not operational in nature (too controlled) Indicated potential

10 DT&E Designation For technology that: Is in a prototype stage Has lab tests that are not operational in nature (too controlled) Indicated potential effectiveness Has a testing scenario identified and customers to prove relevant metrics Limited term (up to 3 years) and limited number of sites 10

11 Criteria for Certification Designation is a prerequisite for issuing Certification. To receive Certification, a QATT 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 11

12 Performs as Intended meaning 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 12

13 Streamlined Review Basics Three methods for streamlined reviews: Individual Expedite Requests Block Designations and Block Certifications (Blocks) Pre-Qualification Designation Notices (PQDNs) Streamlined reviews assume that: A company has an anti-terrorism technology which meets established performance standards or defined technical characteristics as reflected in a Block Designation/Certification or PQDN. An appropriate Government agency or a third-party can attest that you meet those standards of technical characteristics. A company can reasonably obtain some insurance that would respond to third-party liability claims in the event of an act of terrorism. 13

14 Block and Procurement Lists 14

15 Transportation Security Administration s Certified Cargo Screening Program Under the Certified Cargo Screening Program, Certified Cargo Screening Facilities comply with Transportation Security Administration (TSA) directives for screening and securing cargo for transport on passenger aircraft. Per these directives, operators of Certified Cargo Screening Facilities ( the Seller ) follow a plan that: limits access to secure cargo screening areas follows TSA guidance for training and vetting employees adheres to TSA-specified chain of custody rules for cargo uses TSA-approved methods or equipment for screening cargo restricts technology to locations that have TSA certifications for cargo screening facilities Supply copies of all your TSA Certified Cargo Screening Program Certificates and answer the insurance/financial questions. Expiration Date: September 30, 2015

16 Transportation Security Administration s Screening Partnership Program Screening Partnership Program Services are provided at airports per TSA in compliance with standard operating procedures, directives, etc. issued by TSA under their statement of work. Security screening conducted under this SOW should comply with TSA Standard Operating Procedures and Operational Directives. Technology includes: screening persons entering or inside the airport s sterile area screening baggage and other items destined for an aircraft or airport s sterile area travel document checking other Supply a list of airports at which you are approved to provide SPP services and answer the insurance/financial questions. Expiration Date: June 30,

17 TSA Integrated Logistics Support Services for Passenger Screening Program/Airport Checkpoint Security Equipment Selected vendors under the TSA Integrated Logistics Support Services (ILS) for Passenger Screening Program/Airport Checkpoint Security Equipment (Solicitation number HSTSO4-13-R-CT3025) are eligible for a streamlined review. Supply company information, date of contract award, and answer the insurance/financial questions. Expiration Date: July 31, 2015

18 SAFETY Act Coverage 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 only for identified test event(s) and for limited duration ( 3yrs) Liability cap for any and all deployments made within 5 year term Government Contractor Defense (GCD) for any and all deployments made within 5 year term 18

19 Seller s Continuing Obligations Has to maintain the required insurance. The DHS may terminate a Designation if the Seller: Fails to provide any of the insurance certifications required Provides a false certification 19

20 Timeline: SAFETY Act Application Pre-Application Scoring Response letter to applicant 21 Days Full Application Receiving & Completeness Technical Review Economic Review Consolidation Presentation of Findings DHS Decision 120 Days 20

21 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 non-disclosure agreements 21

22 Reviewers from the FFRDCs, non-profits, Federal Government, Federal & National Labs, and Academia 100+ trained reviewers (SMEs) in areas of: Cyber Economic Chemical Biological Who are the SAFETY Act Reviewers? Explosives Rad/Nuclear Human Factors Three Technical Reviewers and two Economic Reviewers per application Conflict of Interest & Non-Disclosure Agreement signed by each reviewer per application 22

23 Program Performance Since the first application was received in 2003, the DHS approved over 695 Technologies for SAFETY Act protections. In FY14, 65 Technologies were approved. These approved Technologies are among the most complex and significant applications received in the history of the Program. There were many new firsts approvals, such as: A layered-security system deployed at an NFL stadium A software platform that combines Peer-to-Peer networking to combat hacking and Distributed Denial of Service attacks A robotic ballistic shield that can be employed to protect first responders and law enforcement personnel In FY14: $4.16 billion in projected annual technology revenue, supporting more than 75,000 private sector jobs in both small and large businesses. The SAFETY Act Team earned the 2014 Under Secretary's Award for Program Support on June 17th,

Additional SAFETY Act Information Online: www.safetyact.

24 Additional SAFETY Act Information Online: FAQs Help Topics Help Desk: Online form for questions requiring an individual response Toll-Free:

CACI International Inc. Jefferies Technology Conference May 2017

CACI International Inc. Jefferies Technology Conference May 2017 CACI International Inc Jefferies Technology Conference May 2017 Forward-looking Statements There are statements made herein which do not address historical facts and, therefore, could be interpreted to