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From Science and Technology… Security and TrustFrom Science and Technology… Security and Trust

Protecting you, Protecting U.S. Protecting you, Protecting U.S.

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

Bruce DavidsonDeputy DirectorOffice of SAFETY Act Implementation (OSAI)Science and Technology Directorate Department of Homeland Security

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Prepared Response, Inc.: Rapid Responder®

•“Allows police, fire, and other first responders to instantly access more than 300 data points for any structure, including tactical response plans, evacuation routes, satellite and geospatial (GIS) imagery, exterior and interior photos, floor plans, utility shut-off locations, hazardous chemical inventories, and more.”

•SAFETY Act Designated and Certified

•“…has been awarded $7 million to install the company’s Rapid Responder® system in 1,000 schools…”

The SAFETY Act in the News…The SAFETY Act in the News…

"Another key factor was that Rapid Responder is the only crisis management system 'Certified' by the U.S. Department of Homeland Security through the SAFETY

Act. The certification process validates Rapid Responder as an effective, reliable,

and safe anti-terrorism technology and places Rapid Responder on the DHS Approved Product List for Homeland

Security.“ – Jim Finnell, president and CEO of Prepared Response, Inc.

Brijot Imaging Systems, Inc.: 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.”

• SAFETY Act Designated

“Brijot is proud to have effectively demonstrated to DHS that our technology stands to make significant impact in the fight against terrorist threats,” said Mitchel J. Laskey, president and chief executive

officer at Brijot. “Successfully meeting the standards associated with the SAFETY Act review procedure confirms the quality of our technology and reflects

the professional proficiency of the Brijot team.” Approval of Brijot's BIS-WDS® under the SAFETY Act

provides Brijot, its customers, distributors and subcontractors protection from and reduced liability

for lawsuits and claims arising out of an act of terrorism where Brijot's technology is utilized.

Importantly, these benefits are only available to customers and others utilizing SAFETY Act approved

products, like Brijot's BIS-WDS®.”

Quatrotec, Inc.: Quatrotec Baggage and Cargo Handling Integration Systems These systems include the installation and integration of airport baggage and cargo handling systems, security systems, and related components.


ADT Security Services, Inc.: Electronic Security Services•“The services are intended to help secure public and private facilities and infrastructure.”


“ADT helps secure 90 percent of the Fortune 500

companies, half of the country’s top 50 national and

regional bank holding companies, and more than

half of the 30 busiest airports in the United States.”

Rapiscan Security Products, Inc. : Conventional X-ray systems 500 and 600 model lines•“These systems are non-intrusive X-ray devices utilizing ionizing radiation, software and hardware to create a display for an operator to view a density-based picture in which shapes and material types contained in baggage, parcels, or other containers are outlined.”


"Quatrotec is proud to be one of the few integrated baggage and

cargo handling service providers to receive full SAFETY

Act approval," said Dominic Della Maggiora, President of

Quatrotec. "Particularly given our focus on our extremely

competitive and liability sensitive market of airport

security, we are proud to offer significant liability protections to

our customers, including the opportunity to be dismissed

immediately from claims alleging terror-related liability

arising out of the use of Quatrotec's services."

TSA Selects Rapiscan for Carry-On Screening

The Transportation Security Administration (TSA) awarded a contract to Rapiscan Systems, the security division of OSI Systems Inc., based

in Hawthorne, Calif., for the company's new 620AT X-ray screening devices in a deal valued

at up to $97 million. The new devices will screen the carry-on luggage of passengers

under the contract, which Rapiscan announced Tuesday.

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A Summary of the SAFETY ActA 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 What is considered an “Anti-Terrorism Technology?”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 What is Eligible for SAFETY Act Protections?Protections?

The SAFETY Act liability protections apply to a vast range of technologies, including:

• Products

• Services

• Software and other forms of intellectual property

Examples of eligible technologies:

•Threat and vulnerability assessment services

•Detection Systems

•Blast Mitigation Materials

•Screening Services

•Sensors and Sensor Integration

•Threatening Object Detectors

•Decision Support Software

•Security Services

•Crisis Management Systems

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Obtaining a recovery

Did the ATT fail?• Intentional attack • Not 100%• Security architecture • Gaps• Availability of evidence

Difficulties in Civil Cases Involving TerrorismDifficulties in Civil Cases Involving Terrorism

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Snapshot of the DistinctionSnapshot of the Distinction

Certification:High confidenceit will continueto be effective.

Designation:Proven effectiveness.

DTED:Additional evidence ofeffectiveness needed.

Shows potential.

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Benefits of SAFETY Act DesignationBenefits 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 ProtectionsImportance 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 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 RequirementThe SAFETY Act as a Requirement

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The SAFETY Act as a RequirementThe SAFETY Act as a Requirement

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Criteria for SAFETY Act DesignationCriteria 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 criterionBlue=Economic criterion

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What Do We Look for in Terms of What Do We Look for in Terms of Effectiveness in a SAFETY Act Application?Effectiveness in a SAFETY Act Application?

• Successful testing in operational environmentOperational testing

Evidence of performance metrics, including:o Probability of Detectiono False Positive and False Negative Rateso Limits of Detection (and why that limit is relevant)o Interferrentso 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 What Are the Benefits of SAFETY Act Certification?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 CertificationAdditional Criteria for Certification

• Designation is a prerequisite for granting Certification

• To receive Certification, a Qualified Anti-terrorism 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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CertificationCertification

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 Developmental Testing and Evaluation Designation (DT&E Designation)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 Details of Developmental Testing and Evaluation DesignationEvaluation 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 neverthelessdue to liability during testing scenario

or deployment during “heightened risk”

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SAFETY Act Award SummarySAFETY 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

only for identified test event(s) and for limited duration (≤3yrs)

Liability cap

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 ProcessTimeline of Review Process

Pre-Application

21 Days

Scoring Response letter to applicant

25 Days

Full Application

Receiving & Completene

ss

Technical Review

Economic Review

Presentation of Findings

30 Days 50 Days

DHSDecision

Consolidation

120 Days

15 Days

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How is Your Proprietary Data Protected?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?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:

Chemical

Biological

Explosive

Rad/Nuc

Human

Services

Cyber

Economic

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Pre-Application ConsultationPre-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: Representative FY 2007 SAFETY Act Approved Technologies:

Incident ManagementIncident 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.: RespondFastSMWeston 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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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© SoftwareDefense 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:Representative FY 2007 SAFETY Act Approved Technologies:


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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Information Sharing/ManagementInformation 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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Information Sharing/ManagementInformation 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 SoftwareL-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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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.


Chem/Bio DefenseChem/Bio Defense

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Chem/Bio DefenseChem/Bio DefenseIsonics 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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Explosive PreventionExplosive 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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Explosive PreventionExplosive Prevention

Raytheon Company: Security Equipment IntegrationRaytheon 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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Infrastructure ProtectionInfrastructure Protection

Securitas Holdings, Inc.: Security Assessments and Consulting ServicesSecuritas 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: AVT234P&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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Infrastructure ProtectionInfrastructure 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 SystemNorthrop 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 InformationAdditional 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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