Part 16 (1/2)
(2) t.i.tle 10, united states code.--In chapter 137 of t.i.tle 10, United States Code: (A) Paragraphs (1), (2), (6), and (7) of subsection (c) of section 2304, relating to use of procedures other than compet.i.tive procedures under certain circ.u.mstances (subject to subsection (e) of such section).
(B) Section 2304c, relating to orders under task and delivery order contracts.
(3) Office of federal procurement policy act.-- Paragraphs (1)(B), (1)(D), and (2) of section 18(c) of the Office of Federal Procurement Policy Act (41 U.S.C.
416(c)), relating to inapplicability of a requirement for procurement notice.
(b) Waiver of Certain Small Business Threshold Requirements.--Subclause (II) of section 8(a)(1)(D)(i) of the Small Business Act (15 U.S.C. 637(a)(1)(D)(i)) and clause (ii) of section 31(b)(2)(A) of such Act (15 U.S.C. 657a(b)(2)(A)) shall not apply in the use of streamlined acquisition authorities and procedures referred to in paragraphs (1)(A) and (2)(A) of subsection (a) for a procurement referred to in section 852.
SEC. 857. [6 U.S.C. 427] REVIEW AND REPORT BY COMPTROLLER GENERAL.
(a) Requirements.--Not later than March 31, 2004, the Comptroller General shall-- (1) complete a review of the extent to which procurements of property and services have been made in accordance with this subt.i.tle; and (2) submit a report on the results of the review to the Committee on Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives.
(b) Content of Report.--The report under subsection (a)(2) shall include the following matters: (1) a.s.sessment.--The Comptroller General's a.s.sessment of-- (A) the extent to which property and services procured in accordance with this t.i.tle have contributed to the capacity of the workforce of Federal Government employees within each executive agency to carry out the mission of the executive agency; and (B) the extent to which Federal Government employees have been trained on the use of technology.
(2) Recommendations.--Any recommendations of the Comptroller General resulting from the a.s.sessment described in paragraph (1).
(c) Consultation.--In preparing for the review under subsection (a)(1), the Comptroller shall consult with the Committee on Governmental Affairs of the Senate and the Committee on Government Reform of the House of Representatives on the specific issues and topics to be reviewed. The extent of coverage needed in areas such as technology integration, employee training, and human capital management, as well as the data requirements of the study, shall be included as part of the consultation.
SEC. 858. [6 U.S.C. 428] IDENTIFICATION OF NEW ENTRANTS INTO THE FEDERAL MARKETPLACE.
The head of each executive agency shall conduct market research on an ongoing basis to identify effectively the capabilities, including the capabilities of small businesses and new entrants into Federal contracting, that are available in the marketplace for meeting the requirements of the executive agency in furtherance of defense against or recovery from terrorism or nuclear, biological, chemical, or radiological attack. The head of the executive agency shall, to the maximum extent practicable, take advantage of commercially available market research methods, including use of commercial databases, to carry out the research.
Subt.i.tle G--Support Anti-terrorism by Fostering Effective Technologies Act of 2002
SEC. 861. [6 U.S.C. 101 NOTE] SHORT t.i.tLE.
This subt.i.tle may be cited as the ''Support Anti-terrorism by Fostering Effective Technologies Act of 2002'' or the ''SAFETY Act''.
SEC. 862. [6 U.S.C. 441] ADMINISTRATION.
(a) In General.--The Secretary shall be responsible for the administration of this subt.i.tle.
(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 subt.i.tle 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 subt.i.tle 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 a.s.sess 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.--The Secretary may issue such regulations, after notice and comment in accordance with section 553 of t.i.tle 5, United States Code, as may be necessary to carry out this subt.i.tle.
SEC. 863. [6 U.S.C. 442] LITIGATION MANAGEMENT.
(a) Federal Cause of Action.-- (1) In general.--There shall exist a Federal cause of action for 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 and such claims result or may result in loss to the Seller. The substantive law for decision in any such action shall be derived from the law, including choice of law principles, of the State in which such acts of terrorism occurred, unless such law is inconsistent with or preempted by Federal law. Such Federal cause of action shall be brought only for claims for injuries that are proximately caused by sellers that provide qualified anti-terrorism technology to Federal and non- Federal government customers.
(2) Jurisdiction.--Such appropriate district court of the United States shall have original and exclusive jurisdiction over all actions for any claim for loss of property, personal injury, or death 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.
(b) Special Rules.--In an action brought under this section for damages the following provisions apply: (1) Punitive damages.--No punitive damages intended to punish or deter, exemplary damages, or other damages not intended to compensate a plaintiff for actual losses may be awarded, nor shall any party be liable for interest prior to the judgment.
(2) Noneconomic damages.-- (A) In general.--Noneconomic damages may be awarded against a defendant only in an amount directly proportional to the percentage of responsibility of such defendant for the harm to the plaintiff, and no plaintiff may recover noneconomic damages unless the plaintiff suffered physical harm.
(B) Definition.--For purposes of subparagraph (A), the term ''noneconomic damages'' means damages for losses for physical and emotional pain, suffering, inconvenience, physical impairment, mental anguish, disfigurement, loss of enjoyment of life, loss of society and companions.h.i.+p, loss of consortium, hedonic damages, injury to reputation, and any other nonpecuniary losses.
(c) Collateral Sources.--Any recovery by a plaintiff in an action under this section shall be reduced by the amount of collateral source compensation, if any, that the plaintiff has received or is ent.i.tled to receive as a result of such acts of terrorism that result or may result in loss to the Seller.
(d) Government Contractor Defense.-- (1) In general.--Should a product liability or other lawsuit be filed for claims arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism technologies approved by the Secretary, as provided in paragraphs (2) and (3) of this subsection, 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, there shall be a reb.u.t.table presumption that the government contractor defense applies in such lawsuit. This presumption shall only be overcome by evidence showing that the Seller acted fraudulently or with willful misconduct in submitting information to the Secretary during the course of the Secretary's consideration of such technology under this subsection. This presumption of the government contractor defense shall apply regardless of whether the claim against the Seller arises from a sale of the product to Federal Government or non-Federal Government customers.
(2) Exclusive responsibility.--The Secretary will be exclusively responsible for the review and approval of anti-terrorism technology for purposes of establis.h.i.+ng a government contractor defense in any product liability lawsuit for claims arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism technologies approved by the Secretary, as provided in this paragraph and paragraph (3), 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. Upon the Seller's submission to the Secretary for approval of anti- terrorism technology, the Secretary will conduct a comprehensive review of the design of such technology and determine whether it will perform as intended, conforms to the Seller's specifications, and is safe for use as intended. The Seller will conduct safety and hazard a.n.a.lyses on such technology and will supply the Secretary with all such information.
(3) Certificate.--For anti-terrorism technology reviewed and approved by the Secretary, the Secretary will issue a certificate of conformance to the Seller and place the anti-terrorism technology on an Approved Product List for Homeland Security.
(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 ent.i.ty that-- (1) attempts to commit, knowingly partic.i.p.ates 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) partic.i.p.ates in a conspiracy to commit any such act of terrorism or any such criminal act.
SEC. 864. [6 U.S.C. 443] RISK MANAGEMENT.