6 U.S.C. § 443 — Risk management

Page 226 TITLE 6—DOMESTIC SECURITY § 443 1 So in original. er and place the anti-terrorism technology on an Approved Product List for Homeland Secu- rity. (e) Exclusion Nothing in this section shall in any way limit the ability of any person to seek any form of re- covery from any person, government, or other entity that— (1) attempts to commit, knowingly partici- pates in, aids and abets, or commits any act of terrorism, or any criminal act related to or re- sulting 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 Any person or entity that sells or otherwise provides a qualified anti-terrorism technology to Federal and non-Federal Government cus- tomers (‘‘Seller’’) shall obtain liability insur- ance of such types and in such amounts as shall be required in accordance with this sec- tion and certified by the Secretary to satisfy otherwise compensable third-party claims arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism technologies have been deployed in defense against or response or recovery from such act. (2) Maximum amount For the total claims related to 1 such act of terrorism, the Seller is not required to obtain liability insurance of more than the maximum amount of liability insurance reasonably available from private sources on the world market at prices and terms that will not un- reasonably distort the sales price of Seller’s anti-terrorism technologies. (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 man- ufacture, qualification, sale, use, or operation of qualified anti-terrorism technologies de- ployed in defense against or response or recov- ery 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 Such liability insurance under this section shall provide coverage against third party claims arising out of, relating to, or resulting from the sale or use of anti-terrorism tech- nologies. (b) Reciprocal waiver of claims The Seller shall enter into a reciprocal waiver of claims with its contractors, subcontractors, suppliers, vendors and customers, and contrac- tors and subcontractors of the customers, in- volved in the manufacture, sale, use or oper- ation of qualified anti-terrorism technologies, under which each party to the waiver agrees to be responsible for losses, including business interruption losses, that it sustains, or for losses sustained by its own employees resulting from an activity resulting from an act of terrorism when qualified anti-terrorism technologies have been deployed in defense against or response or recovery from such act. (c) Extent of liability Notwithstanding any other provision of law, liability for all claims against a Seller arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism tech- nologies have been deployed in defense against or response or recovery from such act and such claims result or may result in loss to the Seller, whether for compensatory or punitive damages or for contribution or indemnity, shall not be in an amount greater than the limits of liability insurance coverage required to be maintained by the Seller under this section. (Pub. L. 107–296, title VIII, § 864, Nov. 25, 2002, 116 Stat. 2240.) § 444. Definitions For purposes of this part, the following defini- tions apply: (1) Qualified anti-terrorism technology For purposes of this part, the term ‘‘quali- fied anti-terrorism technology’’ means any product, equipment, service (including support services), device, or technology (including in- formation technology) designed, developed, modified, or procured for the specific purpose of preventing, detecting, identifying, or deter- ring acts of terrorism or limiting the harm such acts might otherwise cause, that is des- ignated as such by the Secretary. (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 re- quirements 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 instrumental- ities, 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 The term ‘‘insurance carrier’’ means any corporation, association, society, order, firm, company, mutual,1 partnership, individual ag-