SEC. 864. [6 U.S.C. 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 customers (``Seller'') shall obtain

liability insurance of such types and in such amounts

as shall be required in accordance with this section

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 unreasonably 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

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.--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 technologies.

(b) Reciprocal Waiver of Claims.--The Seller shall enter

into a reciprocal waiver of claims with its contractors,

subcontractors, suppliers, vendors and customers, and

contractors and subcontractors of the customers, involved in

the manufacture, sale, use or operation 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 technologies 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.

Homeland Security Act of 2002 Updated Through October 14, 2008 · 第 174 / 282 题