ACI-NA 2018 Risk Management Conference SAFETY Act. Washington, D.C

Transcription

1 ACI-NA 2018 Risk Management Conference SAFETY Act Akmal Ali, J.D. Principal, Catalyst Partners 1250 Connecticut Ave. NW Washington, D.C

2 Following the 1993 World Trade Center bombing and the 9/11 attacks, the private sector threatened the removal of their antiterrorism technologies and services from homeland security related deployments due to the extraordinary large liability exposure After the attacks of September 11, 2001, Congress enacted the Homeland Security Act of 2002 It included the Support Anti-terrorism by Fostering Effective Technologies Act of 2002 ( SAFETY Act ) 2

3 The SAFETY Act incentivizes the deployment of effective antiterrorism technologies and services by providing liability protections Certification Designation Developmental Test & Evaluation Designation 3

4 1971: Ali vs. Frazier I, Round 15, Madison Square Garden Protecting Your Enterprise 4

5 Any Product or Service used for preventing, detecting, identifying, or deterring acts of terrorism or limiting the harm such acts might otherwise cause Products: detectors, sensors, cyber security software, blast mitigation, intellectual property, apparel, mobile command centers, decontamination, standards, situational awareness tools, etc. Services: security guard services, venue security plans, auditing and inspection, sensor integration, cargo screening, global supply chain security, vulnerability and threat assessment, post-incident clean-up, etc. 5

6 Vulnerability Assessment Architecture and Engineering Security Policies and Procedures Employee Vetting and Hiring Process Selection of Security Service and Technology Vendors Unarmed Security Officers Spectator Screening: Magnetometers, Bag Check, Hand Wand Access Control System: Badging, Card Access Control Employee Personnel Screening HVAC Security Protocol Perimeter and Parking Lot Security Closed-Circuit Television System Physical Hardening Projects Tip Reporting Capabilities (Real-time Intelligence) 6

7 Explosive Detection Canine-Handler Teams Security Command Center (Including Regional and Global) Emergency Notification System: Mass Broadcast Capabilities Vehicle and Pedestrian Barriers and Interdiction Devices Bollards, Delta Barriers Spectator Screening Process Mail Room - X-ray Detection for Mail and Packages Loading Dock Policies Auditing and Quality Assurance Program Tabletop and Full Scale Exercises Business Continuity Plan & Emergency Response Plan: Evacuation, Fire & Rescue Federal, State, and Local Government Coordination 7

8 Risk and Threat Assessment How did you get to where you are (e.g., What types of specific threats are most relevant to your venue) Scientific Analysis Why did you design it the way you did (e.g., vector analysis) Testing & Evaluation How did you validate that your design will work (e.g., live testing or modeling/simulation) Construction Who did you rely on to build it (e.g., explaining subject matter expertise) Maintenance & Long-Term Availability What is required to maintain structure s effectiveness (e.g., inspection program) 8

9 1542.3(a) Airport Security Coordinator Each airport operator must designate one or more Airport Security Coordinator(s) (ASC) in its security program (a)(4)(iii) Measures used to perform the access control functions required (a)(4)(iv) Measures used to control movement within the AOA 9

10 (a)(6)-(21) Access Control Records keeping Escort procedures Training programs Challenge procedures Incident Management Procedures 10

11 Each airport operator required to have a security program under (a) and (b) must adopt a contingency plan and must: (1) Implement its contingency plan when directed by TSA. (2) Conduct reviews and exercises of its contingency plan as specified in the security program with all persons having responsibilities under the plan. (3) Ensure that all parties involved know their responsibilities and that all information contained in the plan is current. 11

12 (b) Each airport operator required to establish a secured area must prevent and detect the unauthorized entry, presence, and movement of individuals and ground vehicles into and within the secured area by doing the following: (b)(2) Provide for detection of, and response to, each unauthorized presence or movement in, or attempted entry to, the secured area by an individual whose access is not authorized in accordance with its security program 12

13 The SAFETY Act timeline is about 120 calendar days Currently, DHS is averaging 112 days to process complete applications Completeness Evaluation (30 Days) Technical/Economic Review (~65 Days) Final Decision (~25 Days) 13

14 SAFETY Act Protections Extend to Customers Such cause of action may be brought only against the Seller of the technology and may not be brought against the buyers or downstream users of the technology Market Differentiator 14

15 Cincinnati/Northern Kentucky International Airport Newark Liberty International Airport LaGuardia Airport Southwest Airlines Southwest Aircraft Operator Standard Security Program PricewaterhouseCoopers Risk Management and Mitigation Planning Services VMD Systems Integrators Screening Partnership Programs Turner Corporation Checked Baggage Inspection System Services World Trade Center Security Design National Football League Best Practices Raytheon Security Equipment Integration New York Yankees Yankee Stadium Security Program

16 Critical Benefits: 1. Protect Your Enterprise Dramatically limit your liability* Win the Failure vs. Defeat argument Potential Annual Insurance Savings ROI Board comfort in the DHS review process 2. Market Differentiator Flow Down Liability Protections to your Customers True Incentive DHS Products List for Homeland Security DHS SAFETY Act Seal *Critical distinction between insuring your liability and limiting your liability

17 Akmal Ali, J.D. Principal l Catalyst Partners 1250 Connecticut Avenue NW Washington DC l akmal.ali@catalystdc.com