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Table of Contents
FEATURES
DECEMBER/JANUARY 2007 • VOLUME 2, NO. 1
W W W. S E C U R I T Y E X E C U T I V E . O R G
Security, Systems & The
Insider Threat EDITORIAL
Publisher
Today’s automated society is giving rise to a
12
Joseph Ricci, CAE
new breed of security professional. jricci@nasco.org
Editor
By Edward J. Appel Jennifer Sikorski
editor@securityexecutive.org
16
foster better security. ADVERTISING SALES
Joan Daly
By Brian Finch joan@securityexecutive.org
BOARD OF DIRECTORS
IN EVERY ISSUE Chair: Martin Herman, Special Response Corporation
1st Vice Chair: Heather O’Brien, Security Forces, Inc.
2nd Vice Chair: James McNulty, Securitas Security Services USA
2 Calendar of Events 3rd Vice Chair: Stephen I. Kasloff, Guardsmark, LLC
Treasurer: Lynn C. Oliver, American Security Programs, Inc.
4 In the News Secretary: Robert Kilbride, The Wackenhut Corporation
TAKE NOTE: New Federal Spending Resource Online Security Executive is published bimonthly by the National Association of
Security Companies (NASCO), the nation’s largest contract security trade
KICK IT UP: CALSAGA Conference Recap association. Security Executive is designed to provide practical information on
all aspects of security management. Subscription rates: Free for members and
BOOKMARK IT: Security Author Publishes Fictional Murder Mystery non-members in the U.S., Mexico and Canada; $45 for international members;
$55 for international non-members. Security Executive content may not be
photocopied, reproduced or redistributed without the consent of the publisher.
FRONT LINES: Right Management Survey Says “Trust Me” Copyright 2007. All rights reserved.
THAT’S A WRAP: IASIR Conference Wrap Up Security Executive is distributed to more than 6,000 decision-makers at nearly
3,000 contract security companies.
LEADING MAN: AlliedBarton Appoints Gane to Lead Chemical Opinions or statements of authors and advertisers appearing in Security
Service Sector Executive are their own and do not necessarily represent the opinions or
statements of NASCO, its board of directors or NASCO staff.
BUSINESS’ BEST: NRCC Names Dolan 2006 Businesswoman of Security Executive welcomes article submissions and reader feedback. Articles
the Year and comments may be e-mailed to editor@securityexecutive.org. Include your full
name, address and phone number.
ON THE JOB: In the Line of Duty
For questions regarding subscriptions, please call 703.518.1478.
8 NASCO News Postmaster: Send address changes to Security Executive, 1625
Prince Street, Suite 225-B, Alexandria, VA 22314.
ON TASK: NASCO Conducts Federal Protective Service Working
Group
GETTING INVOLVED: NASCO Representatives Participate in
Industry Leadership Events
PLAN AHEAD: NASCO to Conduct Strategic Planning Sessions
Name
NASCO CEO Briefing
Security Business
Company
Tuesday, January 23, 2007 • 11:30 a.m. –2:00 p.m. • New York City
Email address
signature
•
LOS ANGELES
Tuesday, March 6 NASCO VALUED VENDORS
•
SAN FRANCISCO
Wednesday, March 7
•
CHICAGO
Wednesday, March 14
NASCO CEO BRIEFINGS SUPPORTER
•
ATLANTA
Wednesday, April 4
In the news
TAKING INITIATIVE
Why Do
recommendations
Public-Private
Employees Fail
Leaders of the major law
enforcement and private
security organizations should
Summit Initiatives
make a formal commitment to A resolution adopted by the International Associa-
cooperation. Forty-six percent of new hires fail within 18 months
tion of Chiefs of Police (IACP) on Oct. 17, 2006,
of their employment, while only 19% achieve
may bring new energy to the action steps recom-
The Department of mended by more than 100 prominent executives unequivocal success. According to a study by Leader-
Homeland Security and/or from law enforcement and private security during ship IQ, poor interpersonal skills, such as the ability
Department of Justice should fund a 2004 National Policy Summit. That conference, to accept feedback or inability to understand and
research and training on relevant
“Building Private Security/Public Policing Partner- manage emotions, account for the majority of failed
legislation, private security and
law enforcement-private security ships to Prevent and Respond to Terrorism and
employment experiences. n
cooperation. Public Disorder,” focused on the importance of such
cooperative efforts as part of the nation’s homeland
security, as well as on more mundane criminal According to the study, the top five
The Department of reasons for new hire failure are:
conduct.
Homeland Security
and/or Department of Justice Coachability – 26%
should create an advisory The U.S. Department of Justice Office of Com-
Emotional intelligence – 23%
council composed of nationally munity Oriented Policing Services (COPS) and the
prominent law enforcement and Motivation – 17%
IACP organized the summit. NASCO — along with
private security professionals Temperament – 15%
ASIS International, Security Industry Association
to oversee the day-to-day
implementation issues of law and International Security Management Associa- Technical competence – 11%
enforcement-private security tion — was a corporate sponsor of the event.
partnerships.
The recently approved resolution, submitted to the
general membership by the IACP’s Private Sector
The Department of
Homeland Security Liaison Committee (PSLC), calls for the IACP to TAKE NOTE
and/or Department of Justice, coordinate with the summit’s other principals a fact-
along with relevant membership
New Federal
finding meeting to determine the current status of
organizations, should convene the recommendations. It then will share its findings
key practitioners to move this
with the PSLC. If the IACP leadership finds that no
Spending
agenda forward in the future.
significant activity has furthered accomplishment
of the itemized recommendations, it will designate
Local partnerships should
set priorities and address
liaisons from the Board of Officers and staff, respec-
tively, to assist the PSLC in moving these critical
Resource Online
key problems the summit
recommendations forward. Find information regarding contracts and grants
identified. Examples of local
and regional activities that can issued by federal agencies and departments at www.
and should be undertaken Recommendations from the summit report address
FedSpending.org. Developed and maintained by the
immediately include the following: the urgency of developing partnerships and the im-
improve joint response to portant roles of law enforcement and private sector
Office of Management and Budget Watch, a private
critical incidents; coordinate “watchdog” group, the site’s data comes from the
organizations in guiding the necessary processes to
infrastructure protection;
improve communications and nurture and support those cooperative efforts. n Federal Procurement Data System and the Federal As-
data interoperability; bolster sistance Award Data System and shows where
information and intelligence
money is spent, type of competition
sharing; prevent and investigate
high-tech crime; and devise
responses to workplace violence.
RESOURCE and links companies with their
subsidiaries. n
The full report can be found at
www.cops.usdoj.gov/mime/open.
pdf?Item=1355. RESOURCE
Find this resource at:
www.FedSpending.org
On Nov. 8 and 9, the California Association of taser products, live scan and biometric products that will further help protect companies from
Security Agencies, Guards, & Associates held its and guard monitoring systems. potential lawsuits.
annual conference, CALSAGA & You: A Security
Partnership for the Future, at the Pechanga Resort CALSAGA President Mark Miller kicked off Other highlights of the conference included
& Casino in Temecula, Calif. Leaders from the the conference by briefing the group on the Erroll Southers, former deputy director of
security industry and state agencies joined mem- progress of CALSAGA in 2006. He also touched California Homeland Security. Southers cur-
bers of California’s private security industry for the on several issues that are critical to members rently is the associate director for California
association’s largest event of the year. and was hopeful that the conference would Risk & Economic Analysis of Terrorism Events
create the necessary dialogue needed to address (CREATE) at the University of Southern
The conference brought together industry experts these problems, specifically with meal/rest break California. He presented profiles of potential
and private security companies to discuss issues period compliance. terrorists and terrorist cells that have been
facing the security industry. Attendees had access linked to California from one time or another.
to a wide range of vendors, including companies In the morning segment on the first day of the Southers did a fantastic job of clearly outlining
providing uniforms, insurance services, meal and conference, California Labor Commissioner the dangers the country faces.
rest break tracking, guard monitoring systems, Robert Jones specifically addressed what his
merger and acquisition services, consulting and office is doing with regard to meal/rest break Guest speaker Mickey Doll also gave a presen-
marketing services, time and attendance software, period compliance-related issues. As expected, tation on emergency preparedness and disaster
many attendees expressed concern and asked the response lessons learned from Hurricane Ka-
commissioner what they can do to protect their trina. There was also an in-depth discussion on
businesses from potential lawsuits associated California workers’ compensation system from
with meal/rest breaks. The commissioner was Carrie Nevans, director of the State Division
very forthright with the group on the issue but of Workers’ Compensation, and Mark Webb
vowed to work with the industry and specifically with Employers Direct Insurance Company.
encouraged each company to report meal/rest
break lawsuits directly to him and he would BSIS Chief Paul Johnson and Deputy Chief
investigate further. Rick Fong were on hand to give a report from
the bureau. BSIS also staffed a booth for the
Attorney Laura Innes of Simpson, Garrity & entire conference so that attendees could have
Innes also addressed the issue of meal/rest break questions answered in person. n
CALSAGA President Mark Miller kicked compliance on the second day of the confer-
off the conference by briefing the group on
ence, promising attendees that she would send
the progress of CALSAGA in 2006.
the group a meal/rest break period waiver form
BOOKMARK IT
18% Seeking personal gain above shared 21% Commitment to developing people
interest
14% Rigid, inflexible behavior and close 17% Doing the “right thing” regardless
mindedness of personal risk
THAT’S A WRAP
OFFICERS Treasurer: Constance Crawford, Florida Ted Williams, Ohio Department of Public
President: Marie Ohman, Minnesota Board Department of Agriculture & Consumer Safety, Homeland Security
of Private Detective and Protective Agent Services, Division of Licensing
Jon Herberman, Ontario Ministry of
Services
Past President: Leon D. Baker Jr., Virginia Community Safety & Correctional Services
First Vice President: Wayne Rogillio, Louisiana Department of Criminal Justice Services
ASSOCIATE DIRECTORS (NON-VOTING)
State Board of Private Security Examiners
DIRECTORS AT LARGE Electronic Security: Beth Cain
Second Vice President: Rudy Buck, Arizona Arthur Varnadore, Florida Department of
Investigations: Bruce H. Hulme
Department of Public Safety Agriculture & Consumer Services, Division of
Licensing Security Officers: Gail Simonton
Secretary: Karen Forsyth, Department of
Justice, Province of Nova Scotia Robert Edwards, Vermont Board of Private LEGAL ADVISOR
Investigative and Security Services Louis Gurvich, Esq., Louisiana State Board of
Private Security Examiners
ON THE JOB
BUSINESS’ BEST
NRCC Names
Dolan 2006 In the Line of Duty
Businesswoman During the past few months, several security fenced facility. The officer, Reina N. Lynch,
chairman of
a single gunshot wound in her upper body.
the National
A 64-year-old security officer at a Bank of She was pronounced dead at the scene.
Republican
the Orient 20 miles outside Los An- Company officials were providing inves-
Congressional
geles is being hailed as a hero for tigators with security films, entry
Committee,
thwarting a bank armed robbery logs and other information.
named Lisa
despite several bullets wounds.
Dolan, CPP,
The officer was shot twice and Lynch worked for Ronin Risk
the 2006 Busi-
still managed to wrestle International, a security firm
nesswoman of the Year for New York. Dolan
a gun from the assailant. with 600 employees based
is president of Securit, a licensed private
The officer was first shot in Salt Lake City spe-
investigations firm located in Flushing, N.Y.
following his command cializing in providing
© photographer: Ivan cholakov | agency: dreamstime.com
Working Group
NASCO hosted the first meeting of its Federal from law enforcement, police or special officers
funcTions should drive
Protective Service (FPS) Working Group to begin that have additional powers, roles and responsi-
a task analysis process for security guards/officers bilities. The industry has long preferred the term reQuiremenTs. This group
that reaches across federal and commercial mar- officer based on the negative connotations of the can help idenTify funcTions,
kets, as well as industries and applications, to set a term guard. To differentiate the two terms, the
Tasks and skill seTs ThaT musT
basic guideline for security functionality. group discussed that perhaps a difference can be
highlighted between guards and officers based on be supporTed by Training.
The process includes identifying basic functions “meeting minimal defined standards” as outlined
and tasks, assigning criticality and validating by federal agencies, departments, state and local The group identified five functions as the basic
training to improve operations. The three pri- municipalities. tasks of the majority of security officers, as well
mary goals of the group are to: as seven basic training areas that are subject to
1. Define security guard or officer; The group established the following working additional considerations:
2. Identify security functions and tasks; and definition of private security officer and will
3. Validate these for contract and training continue to review and refine the definition based Security Officers’ Tasks
requirements. on feedback, further research and validation: 1. Access control
2. Visitor processing
“Functions should drive requirements,” says A security officer is a natural person assigned 3. Screening
Fred Muccino, Guard Force Operations Branch, to safeguard persons and property, and reduce 4. Patrol and response
Security and Law Enforcement Division, inspec- vulnerability and risk of theft and loss. Secu- 5. Control center integration
tor, FPS. “This group can help identify functions, rity officers meet minimal defined standards
tasks and skill sets that must be supported by and are members of a security system. Training Areas
training.” 1. Access control
The group reviewed several existing definitions The “security system” consists of other counter- 2. Security patrol
of security guard and/or officer under Muccino’s measures to reduce and mitigate risk that can be 3. Defensive and control procedures
premise that a “guard is a guard is a guard” focus- categorized into seven primary systems: 4. Emergency procedures
ing on establishing a basic set of tasks and skills 1. Surveillance 5. Communications
that can be built upon and supplemented based 2. Barriers 6. Legal aspects
on assignments. 3. Alarms 7. Report writing
4. Access control
The discussion also tried to differentiate between 5. Communications The NASCO FPS Working Group will meet
the terms “guard” and “officer.” Many federal 6. Screening quarterly and communicate regularly to discuss
policies, procedures and documentation refer to 7. Security force and refine these initial findings, including deter-
private security “guards” to differentiate them mining criticality of the identified functions and
tasks, validation and training. n
bud blount LYNN OLIVER MARK porterfield JEFF Roehm dennis roberts
wackenhut American security AlliedBarton American security SecTek, inc.
services, INc. programs, inc. programs, inc.
Not pictured:
Chair, Shawn Jacquard, The Wackenhut corporation; chris mashburn, international RAM Associates; Fred Muccino, FPS
gail simonton
ment-industry cooperation to improve safety
and security worldwide.
SCHEDULING
TIME & ATTENDANCE
Professional Services Council (PSC) is a PAYROLL
NASCO Executive Director Joseph Ricci and national trade association for the government
NASCO Director of Government Relations professional and technical services industry COMPLIANCE
and Legal Counsel Gail Simonton recently par-
ticipated in several security and security-related
focused on preserving, improving and
MANAGEMENT
expanding the federal government market.
programs with associations impacting private
security operations, including:
NASCO is an association member and
BENEFITS
regularly participates in meetings with
government leaders such as an upcoming
ADMINISTRATION
U.S. Department January meeting with Jay Cohen, under
of State Overseas secretary for Science & Technology, Depart-
PERFORMANCE
Advisory Council ment of Homeland Security. TRACKING
(OSAC) promotes
security ASIS Private
REAL-TIME REPORTING
cooperation Security
between American Services
24/7 SUPPORT
business and private sector interests worldwide Council
encompassing the 34-member core council, an (PSSC) formed
executive office, more than 100 country councils to facilitate the exchange of best practices to
and more than 3,500 constituent member
Valiant helps more than 60% of
raise the standards and increase productivity of
organizations and 372 associates. The objectives professional security services, as well as to the largest, fastest growing
of the council include establishing continuing increase awareness of their role in protecting national and regional contract
liaison and operational security cooperation with people and property. The PSSC recently
the private sector and provide regular, timely
security companies harness the
conducted Security Force Management, an
interchange of information. The recent 21st educational program focused on screening, speed and power of technology
Annual OSAC Briefing attracted nearly 1,200 training and managing security officers led by to work smarter, more produc-
practitioners and experts with government,
nasco represenTaTives
tively every day!
contract and in-house security attendees.
parTicipaTe in securiTy-
Don’t let others capture the
General Services
relaTed organiZaTions
Administration competitive advantage, contact a
To advocaTe and serve (GSA) Industry Valiant Workforce Management
The besT inTeresTs of The Government Council
Solutions representative today!
(IGC) is a working
conTracT securiTy indusTry.
partnership and
information-sharing group concerned with
private security leaders and focused on global evolving issues related to the GSA Schedule
resiliency with presentations by government and other contracting vehicles. This group
officials such as Director of National Intelligence meets quarterly, and recent focuses include the www.valiant.com
Ambassador John Negroponte and business latest contracting developments such as GSA’s 800-521-4555
executives including Fortune 500 Archer Daniels new structure and direction, marketing info@valiant.com
Midland Company CEO and President Patricia >>continues page 10
Planning Sessions
In an effort to best serve the private “There are many issues impacting the perfor-
NASCO
security industry and meet member
needs, NASCO will be conducting several
mance and value of contract security on a
daily basis,” says NASCO Executive Director
Representatives
strategic planning sessions during early
2007 involving members, non-members,
Joseph Ricci, CAE. “NASCO is trying to
position itself as the advocate and leader of Participate
in Industry
contract security customers (commercial the contract security industry and provide
and federal) and others impacted by private a return on investment to members and the
Leadership, cont.
security. The process will involve telephone private security community.”
interviews, environment scans, research,
focus groups and meetings to determine The strategic plan will provide focus and di-
the future of contract security, its position rection for the 30+ year-old trade association
>>continued from page 9
within private security and NASCO’s direc- in regards to legislative initiatives, member-
tion to best support emerging, evolving ship growth and development, research,
channels, quick payment and new rules allowing
market demands. education and information sharing. n
state and local governments to purchase off the
GSA Schedule for emergency preparation and re-
sponse (Section 833 of the 2007 National Defense
Authorization Act).
International Association of
Chiefs of Police (IACP)
Private Sector Liaison
Council (PSLC) facilitates
NASCO members include:
increased communication
and cooperation between
law enforcement and private security. During
IACP’s Annual Conference, the PSLC submitted a
resolution accepted by the general membership to
coordinate with a 2004 National Policy Summit a
fact-finding meeting regarding the status of recom-
mendations stemming from the National Policy
Summit’s “Building Private Security/Public Policing
Partnerships to Prevent and Respond to Terrorism
and Public Disorder.”
SECURI
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To advertise,
contact NASCO at
703.518.1478.
Don’t forget to visit us on the Web
to download the latest rate card
and editorial calendar!
Y 2006
JUNE/JUL
S E CCUURTIITVYE
EXE L ASSOC
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SECURIT
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W R I T T E N B Y E D W A R D J . A P P E L | I L L U S T R AT I O N B Y A N T O N Y P A P A N T O N I O U
12
The challenge of integrating
the work of facilities
security, information security,
personnel security and asset
protection now must include
a thorough understanding of
a company’s virtual, as well as
physical, assets.
13
FEATURED ARTICLE :: Security, Systems and the Insider Threat
activity in off-hours computing, activating the integrated security • Systems that analyze events in retrospect and can determine with
management system to inventory people present, capture their certainty what happened and who was involved. Among the
behavior via both digital CCTV recording and digital forensic technologies facilitating these improvements are digital CCTV
keystroke recording, and alerting both IT security personnel and recording, biometric access controls, multi-factor IT systems
physical security guards. Smart cards used for physical and cyber authentication, digital forensics (computer forensic analysis) and
access facilitate knowing who is on the campus. several physical forensic capabilities, including DNA, chemical
analysis, geo-locator devices on cell phones, PDAs, vehicles and
business equipment, RFID and embedded identification and alert
In an era of highly automated business devices on high-value assets. Today, security can find out who did it,
and government operations, the threat where and when — and locate the missing items.
In Billions $
4
900 3.5
3.5
877
867 868
856 3
800 2.5
2.2
2 1.9
Illustration by Jacki Silvan
700 1.5
1 .859
600 0.5
2001 2002 2003 2004 2001 2002 2003 2004
For Job Seekers: Whether you’re looking for a new job, or ready to
take the next step in your career, we’ll help you find the opportunity
that’s right for you.
To find a job or fill a position, visit http://careercenter.nasco.org today.
Protect the
Country
While Protecting Yourself
W ritten by B rian F inc h | I llustration by D uncan W al k er
One of the more underreported success stories “anti-terror technology” (which is either a • Database search software.
of the Department of Homeland Security product or a service) may apply for liability • Maintenance services.
(DHS), the Support Anti-Terrorism By protections from the DHS. If the DHS awards • Vulnerability assessment methodologies.
Fostering Effective Technology Act of 2002 the protections of the SAFETY Act to an • Certification programs.
(SAFETY Act) is generating great hope. Given anti-terror product or service, its sellers and • Integration services.
that it provides broad liability protections for customers are protected from liability arising • Training services.
sellers of products or services that help detect, out of terrorist attacks. These protections
defend against or respond to acts of terrorism, include the immediate dismissal of claims Even if the SAFETY Act immunity is
many welcomed the passage of the SAFETY alleging liability arising out of the use of a circumvented (which can happen only
Act. Congress intended these protections to SAFETY Act-approved technology during a if the seller lied or committed willful
be applied as broadly as possible in response terrorist attack. Such protections are awarded misconduct when filing its application),
to concerns that conducting business in the only after DHS conducts a thorough review of other protections are still available, such as
homeland security market segment would the seller’s product or service. a bar on punitive damages and a liability
expose companies to nearly limitless legal cap at the amount of the seller’s insurance.
liability. Essentially, any product or service that has In addition, claims can only be filed in U.S.
an anti-terror application is eligible for federal court.
The process for obtaining SAFETY Act protections under the SAFETY Act. Examples
protections has been a work in progress. of products and services that have been SAFETY Act protections apply regardless
To that end, DHS recently implemented awarded protections under the SAFETY Act of whether the customer is a government or
significant changes to make the SAFETY Act include: private entity. These incentives are designed
process easier and more efficient. • Security guard services. to help ensure that the United States has
• Explosive-sniffing canines. as many tools in its arsenal as possible to
• Chemical and biological detection deter, defend against and defeat terrorist
W h a t i s t h e S A F ETY A c t ? equipment. activities.
Under the SAFETY Act, the seller of an
16
17
FEATURED ARTICLE :: PROTECT THE COUNTRY — WHILE PROTECTING YOURSELF
The SAFETY Act should be of interest to any entity involved in organizations and foreign governments. DHS has also gone to
anti-terror activities because it will significantly increase liability great lengths to provide a better vehicle for requesting an expedited
protections if the seller or customer of anti-terror products or services review. A specific section now addresses this issue, which should
face liability claims arising out of acts of terrorism. By simple virtue of make it easier for applicants to explain what pressing deadlines they
utilizing SAFETY Act-approved products or services, customers will face and why DHS should issue a decision in less time than typically
gain significant liability protections. At the same time, they will enjoy required. In that vein, DHS has also reduced the potential review
the level of comfort associated with knowing that that the DHS has time from 150 to 120 days.
thoroughly vetted the items. Finally, utilizing SAFETY Act-protected
technologies and services could significantly limit the amount of While there are many other changes in the final rule and application
terrorism coverage a customer has to obtain, thereby limiting its kit, it is sufficient to note that DHS has gone a long way to address
concerns about the availability of terrorism insurance. many of the concerns applicants expressed.
F i n al Rul e a n d R e v i s e d A ppl i ca t i o n K i t B r o ad e r U s e
DHS recently released both the final rule governing the SAFETY Act Security professionals everywhere have a unique opportunity to take
and a revised application kit. The documents contain several very- advantage to the benefits the SAFETY Act offers, particularly those
welcomed new developments. The following are especially noteworthy: included in the final rule and revised application kit.
• Pre-Qualification of Procurements: Since the SAFETY Act was Increase utilization of the SAFETY Act inside and outside of the
enacted, potential applicants have been searching for ways to federal government.
better ensure a guarantee that if they submit a bid on a particular Homeland security as a mission is not the sole responsibility of
procurement, they will obtain SAFETY Act coverage. Under the DHS. Numerous other members of the federal family play a vital
final rule, customers now have a way to help ensure that potential role in defending the nation from terrorist threats. As such, security
vendors will, in fact, receive SAFETY Act coverage. The new professionals across the board should work with DHS to encourage
“Pre-Qualification Designation Notice” process gives agencies a the use of SAFETY Act-approved products by private sector partners.
method to submit their potential procurement to DHS for review. This could take the form, for instance, of the USDA encouraging
If DHS finds that the potential procurement merits SAFETY Act companies to use SAFETY Act-certified companies to perform security
approval, vendors who are ultimately chosen to provide the specified services in order to help reduce the risk of agro-terrorism. Similarly, a
technology will essentially be guaranteed SAFETY Act approval. stadium manager could work with DHS to have its security operations
That process should help bring forward more potential vendors, approved under the SAFETY Act or seek to use SAFETY Act-certified
increasing choice and the potential that the proper technology will intrusion detection companies for providing access control. Every
be deployed. entity should work actively with DHS to increase the utilization of the
SAFETY Act.
• Developmental Testing & Evaluation (DT&E) Designations: In
the development phase of any technology, it is quite normal for an One vehicle in particular that should promote the use of the SAFETY
unfinished or unproven product to be field tested or deployed in Act outside of DHS is the National Infrastructure Protection Plan
limited circumstances. In the context of anti-terror technologies, (NIPP). The NIPP explicitly encourages use of SAFETY Act-approved
such deployments can be extremely problematic given that terrorist products to protect critical infrastructure and key resources. Given that
activity could realistically occur during the deployment. SAFETY the NIPP is the DHS blueprint for not only protecting the nation’s
Act protections would obviously be ideal to limit liability, but the critical infrastructure but also partnering with other federal, state and
interim final rule did not contemplate offering protections for such local agencies as well as the private sector to do so, it only makes sense
deployments. The final rule addresses those concerns by creating a to use that vehicle to help promote the SAFETY Act.
heretofore unavailable liability protection method. The SAFETY Act
protections offered under a DT&E Designation lasts for no more
Submit “creative” applications to DHS.
than 36 months and applies only to limited deployments. While a
Too often, companies mistakenly think that the SAFETY Act is
DT&E Designation is more limited than full SAFETY Act approval,
intended only for cutting-edge widgets. Potential applicants sometimes
it provides a measure of liability protection that otherwise was not
shy away from submitting applications for things like engineering
available.
services or even existing technology solutions for fear of being rejected
by DHS.
• Changes to the Application Kit: The new version of the SAFETY
Act application kit addresses criticisms that the application
Such fears are unwarranted. DHS has repeatedly made clear that
process is confusing and overly burdensome. First and foremost,
it welcomes any application so long as the technology or service in
DHS has drastically toned down the “pre-application” section
question can help combat terrorism in some fashion. Applicants
of the kit. Applicants no longer have to fill out a confusing form
should feel free to think creatively and should strongly consider filing
that previously often resulted in grand misconceptions about a
an application for any product or service they offer or utilize to fight
particular technology. DHS has also added a section directly asking
terrorism. Just reviewing the list of approved products and services
what entities have been procuring the technology in question.
reveals that DHS is willing to offer SAFETY Act protections to a wide
Importantly, that section includes categories for commercial
range of products and services.
In order to determine whether the SAFETY Act is right for you and
While it has had some challenges, the SAFETY Act program is one
your company, here are a few simple steps to follow:
of the best offerings available from DHS. On the whole, DHS has
put a great deal of effort into the program and companies should be
1. Review what you have to offer. Check to see if your product or lining up to take advantage of the benefits it offers. The opportunity to
service is ready for approval. If you pick a product or service that receive liability immunity rarely comes along, and so companies should
is too early in its development, it likely will not be ready for the pursue it with all proper energy. SE
SAFETY Act process.
2. Carefully determine what you want to apply for. Think carefully Brian Finch (finchb@dicksteinshapiro.com) is head of the Homeland Security Practice
Group at the law firm Dickstein Shapiro, LLP, in Washington, D.C. He has helped
about what items to include in a SAFETY Act application. Putting a wide range of companies obtain SAFETY Act protections and is also an Inaugural
too many dissimilar products or services in one application may lead Senior Fellow at the George Washington University Homeland Security Policy
to a denial of your application. Institute.
Proposes to allow the use of rifles and shotguns by trained security/armored car guards where the risk
DE 24, 61
Hearing scheduled
of terrorist activity is high. Delaware Board of Examiners of Private Investigators and Private Security for Jan. 25, 2007 at
Agencies will hold hearing on Jan. 25, 2007 at 10 a.m. 10 a.m.
SuppoRtive
GAC 509-3-.02, -.12
Hearing held on Dec. 7, 2006 on proposed changes to board’s rules concerning company license
holder’s replacement, unarmed guards and watchmen, continuing education. Changes were approved Public hearing
as proposed. Amendments to GAC 509-3-.02, -.12 authorize 180-day grace period (on request) for on proposed rule
replacing company’s qualified license holder, increase training requirement for all security officers changes conducted by
to 24 hours of classroom instruction, require registered security officers to have eight hours of board Dec. 7, 2006;
continuing education for renewal, subject armed security officers to additional firearms training and changes approved as
increase investigative personnel training. SuppoRtive proposed.
MT 24.182.401
Proposed changes
Proposed amendments to Administrative Rules of Montana include adding a branch office licensing
July 6, 2006;
fee of $25, clarifies fingerprint check fees as pass-through of state and FBI fees, and provides changes
adopted Nov. 23,
for firearms instructors, types of firearms, annual requalification.
2006
SuppoRtive
NASCO meetings with legislative leadership continue to raise awareness of the private security sales
NJ A.B. 4901
tax’s negative impact on public safety through resulting cuts in service to accommodate unbudgeted Approved
cost increases. Additional meeting are being scheduled with other key players in the FY 2008 New P.L.2006, c.44,
Jersey budget process. Meanwhile, the Coalition Against Security Tax has attracted members from the on July 8, 2006.
ranks of NASCO members’ clients and several business-oriented associations.
NOT
SUPPORTIVE
nasco has retained counsel to help repeal the sales tax on security services. we have
formed coalition against security Tax (casT) for opponents to the new tax. To join
casT, contact gail simonton at gsimonton@nasco.org.
9 NYCRR 6027.4
Proposed amendments to 9 NYCRR 6027.4 would revise the topics and hours of instruction Comment period
per topic for the 16-hour security guard on-the-job training course. Proposal would add incident closed on Dec. 15,
command system (two hours) and terrorism-related topics (four hours). Training on the existing 2006. Status of
mandated topics would be adjusted from nine to six hours, so total hours of the course will remain changes unavailable
16 hours. at press time.
SuppoRtive
OAR 259-060-0010
Introduced in the
Proposed changes to rules relating to eight-hour basic classroom instruction, written examination, House Sept. 25,
four-hour assessment module, annual/biennial refresher courses, professional certification and in- 2006 and referred
structor certification. Establishes procedures for accreditation of private security training programs. to Judiciary
Committee.
SuppoRtive
A bill to provide for the protection of health and safety during certain disasters. Would involve coor-
Introduced
dination among Departments of Health and Human Services, Homeland Security and Environmen-
Dec. 5, 2006;
US H.R. 6347
tal Protection Agency. Bill must be reintroduced before being considered in new Congress. Because
referred to Energy
it defines “participating responder,” NASCO will contact bill sponsor to discuss impact on NASCO
and Commerce
members. Sponsor Rep. Barton (R-Texas), is current chairman of the House Energy and Commerce
Committee
Committee.
A bill to direct the secretary of Homeland Security to provide for enhanced security of chemical
facilities and for other purposes. Calls for secretary of Homeland Security to establish risk-based per-
formance standards for security of certain chemical facilities; would also require vulnerability assess-
ments and development and implementation of site security plans for chemical facilities. Homeland Introduced
Security would issue regulations within six months of passage. If inspection of a facility resulted in Dec. 5, 2006;
finding of noncompliance, owner or operator would receive written notice and opportunity to correct referred to Energy
problems. Failure to satisfy notification requirements could result in order for facility to cease opera- and Commerce
US H.R. 6348
tion until compliant. Bill must be reintroduced before being considered in new Congress. NASCO Committee
will contact bill sponsor to determine likelihood of reintroduction and note NASCO’s interest in
proposal. Sponsor Rep. Barton (R-Texas), is current chairman of the House Energy and Commerce
Committee.
For the complete SecurAmerica Case Study and other examples of Unitex Direct’s
customer-focused uniform solutions, visit www.unitexdirect.com.
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