Collapse to view only § 441. Administration
§ 441. Administration
(a) In general
(b) Designation of qualified anti-terrorism technologies
The Secretary may designate anti-terrorism technologies that qualify for protection under the system of risk management set forth in this part in accordance with criteria that shall include, but not be limited to, the following:
(1) Prior United States Government use or demonstrated substantial utility and effectiveness.
(2) Availability of the technology for immediate deployment in public and private settings.
(3) Existence of extraordinarily large or extraordinarily unquantifiable potential third party liability risk exposure to the Seller or other provider of such anti-terrorism technology.
(4) Substantial likelihood that such anti-terrorism technology will not be deployed unless protections under the system of risk management provided under this part are extended.
(5) Magnitude of risk exposure to the public if such anti-terrorism technology is not deployed.
(6) Evaluation of all scientific studies that can be feasibly conducted in order to assess the capability of the technology to substantially reduce risks of harm.
(7) Anti-terrorism technology that would be effective in facilitating the defense against acts of terrorism, including technologies that prevent, defeat or respond to such acts.
(c) Regulations
(Pub. L. 107–296, title VIII, § 862, Nov. 25, 2002, 116 Stat. 2238.)
§ 442. Litigation management
(a) Federal cause of action
(1) In general
(2) Jurisdiction
(b) Special rules
In an action brought under this section for damages the following provisions apply:
(1) Punitive damages
(2) Noneconomic damages
(A) In general
(B) Definition
(c) Collateral sources
(d) Government contractor defense
(1) In general
(2) Exclusive responsibility
(3) Certificate
(e) Exclusion
Nothing in this section shall in any way limit the ability of any person to seek any form of recovery from any person, government, or other entity that—
(1) attempts to commit, knowingly participates in, aids and abets, or commits any act of terrorism, or any criminal act related to or resulting from such act of terrorism; or
(2) participates in a conspiracy to commit any such act of terrorism or any such criminal act.
(Pub. L. 107–296, title VIII, § 863, Nov. 25, 2002, 116 Stat. 2239.)
§ 443. Risk management
(a) In general
(1) Liability insurance required
(2) Maximum amount
(3) Scope of coverage
Liability insurance obtained pursuant to this subsection shall, in addition to the Seller, protect the following, to the extent of their potential liability for involvement in the manufacture, qualification, sale, use, or operation of qualified anti-terrorism technologies deployed in defense against or response or recovery from an act of terrorism:
(A) Contractors, subcontractors, suppliers, vendors and customers of the Seller.
(B) Contractors, subcontractors, suppliers, and vendors of the customer.
(4) Third party claims
(b) Reciprocal waiver of claims
(c) Extent of liability
(Pub. L. 107–296, title VIII, § 864, Nov. 25, 2002, 116 Stat. 2240.)
§ 444. DefinitionsFor purposes of this part, the following definitions apply:
(1) Qualified anti-terrorism technology
(2) Act of terrorism
(A) The term “act of terrorism” means any act that the Secretary determines meets the requirements under subparagraph (B), as such requirements are further defined and specified by the Secretary.
(B)Requirements.—An act meets the requirements of this subparagraph if the act—
(i) is unlawful;
(ii) causes harm to a person, property, or entity, in the United States, or in the case of a domestic United States air carrier or a United States-flag vessel (or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States), in or outside the United States; and
(iii) uses or attempts to use instrumentalities, weapons or other methods designed or intended to cause mass destruction, injury or other loss to citizens or institutions of the United States.
(3) Insurance carrier
(4) Liability insurance
(A)2
2 So in original. No subpar. (B) has been enacted.
In generalThe term “liability insurance” means insurance for legal liabilities incurred by the insured resulting from—(i) loss of or damage to property of others;
(ii) ensuing loss of income or extra expense incurred because of loss of or damage to property of others;
(iii) bodily injury (including) to persons other than the insured or its employees; or
(iv) loss resulting from debt or default of another.
(5) Loss
(6) Non-Federal Government customers
(Pub. L. 107–296, title VIII, § 865, Nov. 25, 2002, 116 Stat. 2241.)