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SAFETY ACT CONSULTANTS
P.O. Box 1666
Brookfield, WI 53008-1666
ph: 202 640 4000
fax: 202 407 7054
alt: Toll Free 855-SAFETY-ACT
INFO
PART 25--REGULATIONS TO SUPPORT ANTI-TERRORISM BY FOSTERING EFFECTIVE TECHNOLOGIES
Sec. 25.1 Purpose.
Sec. 25.2 Definitions.
Sec. 25.3 Delegation.
Sec. 25.4 Designation of Qualified Anti-Terrorism Technologies.
Sec. 25.5 Obligations of Seller.
Sec. 25.6 Procedures for Designation of Qualified Anti-Terrorism
Technologies.
Sec. 25.7 Litigation Management.
Sec. 25.8 Government Contractor Defense.
Sec. 25.9 Procedures for Certification of Approved Products for
Homeland Security.
Sec. 25.10 Confidentiality and Protection of Intellectual Property.
Authority: Subtitle G, of Title VIII, Public Law 107-296, 116
Stat. 2238 (6 U.S.C. 441-444).
Sec. 25.1 Purpose.
This part implements the Support Anti-terrorism by Fostering
Effective Technologies Act of 2002, sections 441-444 of title 6, United
States Code (the ``SAFETY Act'' or ``the Act'').
Sec. 25.2 Definitions.
Act of Terrorism--The term ``Act of Terrorism'' means any act
determined to have met the following requirements or such other
requirements as defined and specified by the Secretary:
(1) Is unlawful;
(2) Causes harm, including financial 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
(3) 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.
Certification--The term ``Certification'' means (unless the context
requires otherwise) the certification issued pursuant to section 25.9
that a Qualified Anti-Terrorism Technology for which a Designation has
been issued will perform as intended, conforms to the Seller's
specifications, and is safe for use as intended.
Contractor--The term ``contractor'' means any person, firm, or
other entity with whom or with which a Seller has a contract or
contractual arrangement relating to the manufacture, sale, use, or
operation of anti-terrorism Technology for which a Designation is
issued (regardless of whether such contract is entered into before or
after the issuance of such Designation), including, without limitation,
an independent laboratory or other entity engaged in testing or
verifying the safety, utility, performance, or effectiveness of such
Technology, or the conformity of such Technology to the Seller's
specifications.
Designation--The term ``Designation'' means the designation of a
Qualified Anti-Terrorism Technology under the SAFETY Act issued by the
Under Secretary under authority delegated to the Under Secretary by the
Secretary of Homeland Security.
Loss--The term ``loss'' means death, bodily injury, or loss of or
damage to property, including business interruption loss (which is a
component of loss of or damage to property).
Noneconomic damages--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 companionship, loss of consortium, hedonic
damages, injury to reputation, and any other nonpecuniary losses.
Office of SAFETY Act Implementation--The term ``Office of SAFETY
Act Implementation'' or ``OSAI'' means the office within the Department
of Homeland Security's Directorate of Science and Technology that
assists with the implementation of the SAFETY Act. The responsibilities
of the Office of SAFETY Act Implementation may include, without
limitation, preparing the SAFETY Act Application Kit, receiving and
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facilitating the evaluation of applications, managing the SAFETY Act
Web site and otherwise providing the public with information regarding
the SAFETY Act and the application process.
Physical harm--The term ``physical harm'' as used in the Act and
this part means any physical injury to the body, including an injury
that caused, either temporarily or permanently, partial or total
physical disability, incapacity or disfigurement. In no event shall
physical harm include mental pain, anguish, or suffering, or fear of
injury.
Qualified Anti-Terrorism Technology or QATT--The term ``'Qualified
Anti-Terrorism Technology'' or ``QATT'' means any Technology (including
information technology) designed, developed, modified, procured, or
sold for the purpose of preventing, detecting, identifying, or
deterring acts of terrorism or limiting the harm such acts might
otherwise cause, for which a Designation has been issued pursuant to
this part.
SAFETY Act or Act--The term ``SAFETY Act'' or ``Act'' means the
Support Anti-terrorism by Fostering Effective Technologies Act of 2002,
sections 441-444 of title 6, United States Code.
SAFETY Act Application Kit --The term ``SAFETY Act Application
Kit'' means the Application Kit containing the instructions and forms
necessary to apply for Designation or Certification. The SAFETY Act
Application Kit shall be published at http://www.safetyact.gov or made
available in hard copy upon written request to: Directorate of Science
and Technology, SAFETY Act/room 4320, Department of Homeland Security,
Washington, DC 20528.
SAFETY Act Confidential Information--Any and all information and
data voluntarily submitted to the Department under this part (including
Applications, Pre-Applications, other forms, supporting documents and
other materials relating to any of the foregoing, and responses to
requests for additional information), including, but not limited to,
inventions, devices, Technology, know-how, designs, copyrighted
information, trade secrets, confidential business information,
analyses, test and evaluation results, manuals, videotapes, contracts,
letters, facsimile transmissions, electronic mail and other
correspondence, financial information and projections, actuarial
calculations, liability estimates, insurance quotations, and business
and marketing plans. Notwithstanding the foregoing, ``SAFETY Act
Confidential Information'' shall not include any information or data
that is in the public domain or becomes part of the public domain by
any means other than the violation of this section.
Secretary--The term ``Secretary'' means the Secretary of Homeland
Security as established by section 102 of the Homeland Security Act of
2002.
Seller--The term ``Seller'' means any person, firm, or other entity
that sells or otherwise provides Qualified Anti-Terrorism Technology to
any customer(s) and to whom or to which (as appropriate) a Designation
and/or Certification has been issued under this Part (unless the
context requires otherwise).
Technology--The term ``Technology'' means any product, equipment,
service (including support services), device, or technology (including
information technology) or any combination of the foregoing. Design
services, consulting services, engineering services, software
development services, software integration services, threat
assessments, vulnerability studies, and other analyses relevant to
homeland security may be deemed a Technology under this part.
Under Secretary--The term ``Under Secretary'' means the Under
Secretary for Science and Technology of the Department of Homeland
Security.
Sec. 25.3 Delegation.
All of the Secretary's responsibilities, powers, and functions
under the SAFETY Act, except the authority to declare that an act is an
Act of Terrorism for purposes of section 865(2) of the SAFETY Act, may
be exercised by the Under Secretary for Science and Technology of the
Department of Homeland Security or the Under Secretary's designees.
Sec. 25.4 Designation of Qualified Anti-Terrorism Technologies.
(a) General. The Under Secretary may Designate as a Qualified Anti-
Terrorism Technology for purposes of the protections under the system
of litigation and risk management set forth in sections 441-444 of
Title 6, United States Code, any qualifying Technology designed,
developed, modified, provided or procured for the specific purpose of
preventing, detecting, identifying, or deterring acts of terrorism or
limiting the harm such acts might otherwise cause.
(b) Criteria to be Considered. (1) In determining whether to issue
the Designation under paragraph (a) of this section, the Under
Secretary may exercise discretion and judgment in considering the
following criteria and evaluating the Technology:
(i) Prior United States Government use or demonstrated substantial
utility and effectiveness.
(ii) Availability of the Technology for immediate deployment in
public and private settings.
(iii) Existence of extraordinarily large or extraordinarily
unquantifiable potential third party liability risk exposure to the
Seller or other provider of such anti-terrorism Technology.
(iv) Substantial likelihood that such anti-terrorism Technology
will not be deployed unless protections under the system of risk
management provided under sections 441-444 of title 6, United States
Code, are extended.
(v) Magnitude of risk exposure to the public if such anti-terrorism
Technology is not deployed.
(vi) 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.
(vii) 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.
(viii) A determination made by Federal, State, or local officials,
that the Technology is appropriate for the purpose of preventing,
detecting, identifying or deterring acts of terrorism or limiting the
harm such acts might otherwise cause.
(ix) Any other factor that the Under Secretary may consider to be
relevant to the determination or to the homeland security of the United
States.
(2) The Under Secretary has discretion to give greater weight to
some factors over others, and the relative weighting of the various
criteria may vary depending upon the particular Technology at issue and
the threats that the Technology is designed to address. The Under
Secretary may, in his discretion, determine that failure to meet a
particular criterion justifies denial of an application under the
SAFETY Act. However, the Under Secretary is not required to reject an
application that fails to meet one or more of the criteria. The Under
Secretary may conclude, after considering all of the relevant criteria
and any other relevant factors, that a particular Technology merits
Designation as a Qualified Anti-Terrorism Technology even if one or
more particular criteria are not satisfied. The Under Secretary's
considerations will take into account evolving threats and conditions
that give rise to the need for the anti-terrorism Technologies.
(c) Use of Standards. From time to time, the Under Secretary may
develop,
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issue, revise, adopt, and recommend technical standards for various
categories or components of anti-terrorism Technologies (``Adopted
Standards''). In the case of Adopted Standards that are developed by
the Department or that the Department has the right or license to
reproduce, the Department will make such standards available to the
public consistent with necessary protection of sensitive homeland
security information. In the case of Adopted Standards that the
Department does not have the right or license to reproduce, the
Directorate of Science and Technology will publish a list and summaries
of such standards and may publish information regarding the sources for
obtaining copies of such standards. Compliance with any Adopted
Standard or other technical standards that are applicable to a
particular anti-terrorism Technology may be considered in determining
whether a Technology will be Designated pursuant to paragraph (a) of
this section. Depending on whether an Adopted Standard otherwise meets
the criteria set forth in section 862 of the Homeland Security Act; 6
U.S.C. 441, the Adopted Standard itself may be deemed a Technology that
may be Designated as a Qualified Anti-Terrorism Technology.
(d) Consideration of Substantial Equivalence. In considering the
criteria in paragraph (b) of this section, or evaluating whether a
particular anti-terrorism Technology complies with any Adopted Standard
referenced in paragraph (c) of this section, the Under Secretary may
consider evidence that the Technology is substantially equivalent to
other Technologies (``Predicate Technologies'') that previously have
been Designated as Qualified Anti-Terrorism Technologies under the
SAFETY Act. A Technology may be deemed to be substantially equivalent
to a Predicate Technology if:
(1) It has the same intended use as the Predicate Technology; and
(2) It has the same or substantially similar performance or
technological characteristics as the Predicate Technology.
(e) Pre-Application Consultations. To the extent that he deems it
to be appropriate, the Under Secretary may consult with prospective and
current SAFETY Act applicants regarding their particular anti-terrorism
Technologies. Prospective applicants may request such consultations
through the Office of SAFETY Act Implementation. The confidentiality
provisions in Sec. 25.10 shall be applicable to such consultations.
(f) Developmental Testing & Evaluation (DT&E) Designations. With
respect to any Technology that is being developed, tested, evaluated,
modified or is otherwise being prepared for deployment for the purpose
of preventing, detecting, identifying, or deterring acts of terrorism
or limiting the harm such acts might otherwise cause, the Under
Secretary may Designate such Technology as a Qualified Anti-Terrorism
Technology and make such Technology eligible for the protections under
the system of litigation and risk management set forth in sections 441-
444 of title 6, United States Code. A Designation made pursuant to this
paragraph shall be referred to as a ``DT&E Designation,'' and shall
confer all of the rights, privileges and obligations that accompany
Designations made pursuant to paragraph (a) of this section except as
modified by the terms of this paragraph or the terms of the particular
DT&E Designation. The intent of this paragraph is to make eligible for
SAFETY Act protections qualifying Technologies that are undergoing
testing and evaluation and that may need to be deployed in the field
either for developmental testing and evaluation purposes or on an
emergency basis, including during a period of heightened risk. DT&E
Designations shall describe the subject Technology (in such detail as
the Under Secretary deems to be appropriate); identify the Seller of
the subject Technology; be limited to the period of time set forth in
the applicable DT&E Designation, which in no instance shall exceed a
reasonable period for testing or evaluating the Technology
(presumptively not longer than 36 months); be terminable by the Under
Secretary at any time upon notice to the Seller; be subject to the
limitations on the use or deployment of the QATT set forth in the DT&E
Designation; and be subject to such other limitations as established by
the Under Secretary. The protections associated with a DT&E Designation
shall apply only during the period specified in the applicable DT&E
Designation. Consent of the Seller of a QATT Designated pursuant to
this paragraph will be a condition precedent to the establishment of
any deployment or use condition and any other obligation established by
the Under Secretary pursuant to this paragraph. Those seeking a DT&E
Designation for a QATT pursuant to this paragraph (f) shall follow the
procedures for DT&E Designations set forth in the SAFETY Act
Application Kit.
Sec. 25.5 Obligations of Seller.
(a) Liability Insurance Required. The Seller shall obtain liability
insurance of such types and in such amounts as shall be required in the
applicable Designation, which shall be the amounts and types certified
by the Under 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, response to, or recovery from, such act. The Under
Secretary may request at any time that the Seller of a Qualified Anti-
Terrorism Technology submit any information that would:
(1) Assist in determining the amount of liability insurance
required; or
(2) Show that the Seller or any other provider of Qualified Anti-
Terrorism Technology otherwise has met all of the requirements of this
section.
(b) Amount of Liability Insurance. (1) The Under Secretary may
determine the appropriate amounts and types of liability insurance that
the Seller will be required to obtain and maintain based on criteria he
may establish to satisfy compensable third-party claims arising from,
relating to or resulting from an Act of Terrorism. In determining the
amount of liability insurance required, the Under Secretary may
consider any factor, including, but not limited to, the following:
(i) The particular Technology at issue;
(ii) The amount of liability insurance the Seller maintained prior
to application;
(iii) The amount of liability insurance maintained by the Seller
for other Technologies or for the Seller's business as a whole;
(iv) The amount of liability insurance typically maintained by
Sellers of comparable Technologies;
(v) Information regarding the amount of liability insurance offered
on the world market;
(vi) Data and history regarding mass casualty losses;
(vii) The intended use of the Technology; and
(viii) The possible effects of the cost of insurance on the price
of the product, and the possible consequences thereof for development,
production, or deployment of the Technology.
(2) In determining the appropriate amounts and types of insurance
that a particular Seller is obligated to carry, the Under Secretary may
not require any type of insurance or any amount of insurance that is
not available on the world market, and may not require any type or
amount of insurance that would
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unreasonably distort the sales price of the Seller's anti-terrorism
Technology
(c) Scope of Coverage. (1) Liability insurance required to be
obtained pursuant to this section 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,
response to, or recovery from, an Act of Terrorism:
(i) Contractors, subcontractors, suppliers, vendors and customers
of the Seller.
(ii) Contractors, subcontractors, suppliers, and vendors of the
customer.
(2) Notwithstanding the foregoing, in appropriate instances the
Under Secretary will specify in a particular Designation that,
consistent with the Department's interpretation of the SAFETY Act, an
action for the recovery of damages proximately caused by a Qualified
Anti-Terrorism Technology that arises out of, relates to, or results
from an Act of Terrorism may properly be brought only against the
Seller and, accordingly, the liability insurance required to be
obtained pursuant to this section shall be required to protect only the
Seller.
(d) Third Party Claims. To the extent available pursuant to the
SAFETY Act, liability insurance required to be obtained pursuant to
this section shall provide coverage against third party claims arising
out of, relating to, or resulting from an Act of Terrorism when the
applicable Qualified Anti-Terrorism Technologies have been deployed in
defense against, response to, or recovery from such act.
(e) 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, response to, or recovery from such act.
Notwithstanding the foregoing, provided that the Seller has used
diligent efforts in good faith to obtain all required reciprocal
waivers, obtaining such waivers shall not be a condition precedent or
subsequent for, nor shall the failure to obtain one or more of such
waivers adversely affect, the issuance, validity, effectiveness,
duration, or applicability of a Designation or a Certification. Nothing
in this paragraph (e) shall be interpreted to render the failure to
obtain one or more of such waivers a condition precedent or subsequent
for the issuance, validity, effectiveness, duration, or applicability
of a Designation or a Certification.
(f) Information to be Submitted by the Seller. As part of any
application for a Designation, the Seller shall provide all information
that may be requested by the Under Secretary or his designee, regarding
a Seller's liability insurance coverage applicable to third-party
claims arising out of, relating to, or resulting from an Act of
Terrorism when the Seller's Qualified Anti-Terrorism Technology has
been deployed in defense against, response to, or recovery from such
act, including:
(1) Names of insurance companies, policy numbers, and expiration
dates;
(2) A description of the types and nature of such insurance
(including the extent to which the Seller is self-insured or intends to
self-insure);
(3) Dollar limits per occurrence and annually of such insurance,
including any applicable sublimits;
(4) Deductibles or self-insured retentions, if any, that are
applicable;
(5) Any relevant exclusions from coverage under such policies or
other factors that would affect the amount of insurance proceeds that
would be available to satisfy third party claims arising out of,
relating to, or resulting from an Act of Terrorism;
(6) The price for such insurance, if available, and the per-unit
amount or percentage of such price directly related to liability
coverage for the Seller's Qualified Anti-Terrorism Technology deployed
in defense against, or response to, or recovery from an Act of
Terrorism;
(7) Where applicable, whether the liability insurance, in addition
to the Seller, protects contractors, subcontractors, suppliers, vendors
and customers of the Seller and contractors, subcontractors, suppliers,
vendors and customers of the customer 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, response to, or recovery from an Act of Terrorism; and
(8) Any limitations on such liability insurance.
(g) Under Secretary's Certification. For each Qualified Anti-
Terrorism Technology, the Under Secretary shall certify the amount of
liability insurance the Seller is required to carry pursuant to section
443(a) of title 6, United States Code, and paragraphs (a), (b), and (c)
of this section. The Under Secretary shall include the insurance
certification under this section as a part of the applicable
Designation. The insurance certification may specify a period of time
for which such insurance certification will apply. The Seller of a
Qualified Anti-Terrorism Technology may at any time petition the Under
Secretary for a revision of the insurance certification under this
section, and the Under Secretary may revise such insurance
certification in response to such a petition. The Under Secretary may
at any time request information from the Seller regarding the insurance
carried by the Seller or the amount of insurance available to the
Seller.
(h) Seller's Continuing Obligations. Within 30 days after the Under
Secretary's insurance certification required by paragraph (g) of this
section, the Seller shall certify to the Under Secretary in writing
that the Seller has obtained the required insurance. Within 30 days of
each anniversary of the issuance of a Designation or at any other time
as he may determine, the Under Secretary may require, by written notice
to the Seller, that the Seller certify to the Under Secretary in
writing that the Seller has maintained the required insurance. The
Under Secretary may terminate a Designation if the Seller fails to
provide any of the insurance certifications required by this paragraph
(h) or provides a false certification.
Sec. 25.6 Procedures for Designation of Qualified Anti-Terrorism
Technologies.
(a) Application Procedure. Any person, firm or other entity seeking
a Designation shall submit an application to the Under Secretary or
such other official as may be named from time to time by the Under
Secretary. Such applications shall be submitted according to the
procedures set forth in and using the appropriate forms contained in
the SAFETY Act Application Kit prescribed by the Under Secretary, which
shall be made available at http://www.safetyact.gov and by mail upon
written request to: Directorate of Science and Technology, SAFETY Act/
room 4320, Department of Homeland Security, Washington, DC 20528. The
burden is on the applicant to make timely submission of all relevant
data requested in the SAFETY Act Application Kit to substantiate an
application for Designation. An applicant may withdraw a submitted
application at any time and for any reason by making a written request
for withdrawal with the Department. Withdrawal of a SAFETY Act
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application shall have no prejudicial effect on any other application.
(b) Initial Notification. Within 30 days after receipt of an
application for a Designation, the Under Secretary his designee shall
notify the applicant in writing that:
(1) The application is complete and will be reviewed and evaluated,
or
(2) That the application is incomplete, in which case the missing
or incomplete parts will be specified.
(c) Review Process. (1) The Under Secretary or his designee will
review each complete application and any included supporting materials.
In performing this function, the Under Secretary or his designee may
but is not required to:
(i) Request additional information from the Seller;
(ii) Meet with representatives of the Seller;
(iii) Consult with, and rely upon the expertise of, any other
Federal or non-Federal entity;
(iv) Perform studies or analyses of the subject Technology or the
insurance market for such Technology; and
(v) Seek information from insurers regarding the availability of
insurance for such Technology.
(2) For Technologies with which a Federal, State, or local
government agency already has substantial experience or data (through
the procurement process or through prior use or review), the review may
rely in part upon such prior experience and, thus, may be expedited.
The Under Secretary may consider any scientific studies, testing, field
studies, or other experience with the Technology that he deems
appropriate and that are available or can be feasibly conducted or
obtained, including test results produced by an independent laboratory
or other entity engaged to test or verify the safety, utility,
performance, in order to assess the effectiveness of the Technology or
the capability of the Technology to substantially reduce risks of harm.
Such studies may, in the Under Secretary's discretion, include, without
limitation:
(i) Public source studies;
(ii) Classified and otherwise confidential studies;
(iii) Studies, tests, or other performance records or data provided
by or available to the producer of the specific Technology; and
(iv) Proprietary studies that are available to the Under Secretary.
(3) In considering whether or the extent to which it is feasible to
defer a decision on a Designation until additional scientific studies
can be conducted on a particular Technology, the Under Secretary will
bring to bear his expertise concerning the protection of the security
of the United States and will consider the urgency of the need for the
Technology.
(d) Action by the Under Secretary. Within 90 days of notification
to the Seller that an application for a Designation is complete in
accordance with paragraph (b)(1) of this section, the Under Secretary
shall take one of the following actions:
(1) Approve the application and issue an appropriate Designation to
the applicant for the Technology, which shall include the insurance
certification required by Sec. 25.5(h) of this Part;
(2) Notify the applicant in writing that the Technology is
potentially eligible for a Designation, but that additional specified
information is needed before a decision may be reached; or
(3) Deny the application, and notify the applicant in writing of
such decision. The Under Secretary may extend the 90-day time period
for up to 45 days upon notice to the Seller. The Under Secretary is not
required to provide a reason or cause for such extension. The Under
Secretary's decision shall be final and not subject to review, except
at the discretion of the Under Secretary.
(e) Content of Designation. (1) A Designation shall:
(i) Describe the Qualified Anti-Terrorism Technology (in such
detail as the Under Secretary deems to be appropriate);
(ii) Identify the Seller(s) of the Qualified Anti-Terrorism
Technology;
(iii) Specify the earliest date of sale of the Qualified Anti-
Terrorism Technology to which the Designation shall apply (which shall
be determined by the Under Secretary in his discretion, and may be
prior to, but shall not be later than, the effective date of the
Designation);
(iv) Set forth the insurance certification required by Sec.
25.5(g); and
(v) To the extent practicable, include such standards,
specifications, requirements, performance criteria, limitations, or
other information as the Department in its sole and unreviewable
discretion may deem appropriate.
(2) The Designation may, but need not, specify other entities that
are required to be covered by the liability insurance required to be
purchased by the Seller. The failure to specify a covered person, firm,
or other entity in a Designation will not preclude the application or
applicability of the Act's protections to that person, firm, or other
entity.
(f) Term of Designation; Renewal. A Designation shall be valid and
effective for a term of five to eight years (as determined by the Under
Secretary) commencing on the date of issuance, and the protections
conferred by the Designation shall continue in full force and effect
indefinitely to all sales of Qualified Anti-Terrorism Technologies
covered by the Designation. At any time within two years prior to the
expiration of the term of the Designation, the Seller may apply for
renewal of the Designation. The Under Secretary shall make the
application form for renewal available at http://www.safetyact.gov and
by mail upon request sent to: Directorate of Science and Technology,
SAFETY Act/room 4320, Department of Homeland Security, Washington, DC
20528.
(g) Government Procurements. (1) Overview. The Under Secretary may
coordinate the review of a Technology for SAFETY Act purposes in
connection with a Federal, State, or local government agency
procurement of an anti-terrorism Technology in any manner he deems
appropriate consistent with the Act and other applicable law. A
determination by the Under Secretary to issue a Designation, or not to
issue a Designation for a particular Technology as a QATT is not a
determination that the Technology meets, or fails to meet, the
requirements of any solicitation issued by any Federal government
customer or non-Federal government customer. Determinations by the
Under Secretary with respect to whether to issue a Designation for
Technologies submitted for his review shall be based on the factors
identified in Sec. 25.4(b).
(2) Procedure. Any Federal, State, or local government agency that
engages in or is planning to engage in the procurement of a Technology
that potentially qualifies as a Qualified Anti-terrorism Technology,
through the use of a solicitation of proposals or otherwise, may
request that the Under Secretary issue a notice stating that the
Technology to be procured either affirmatively or presumptively
satisfies the technical criteria necessary to be deemed a Qualified
Anti-Terrorism Technology (a ``Pre-Qualification Designation Notice'').
The Pre-Qualification Designation Notice will provide that the
vendor(s) chosen to provide the Technology (the ``Selected
Vendor(s)''), upon submitting an application for SAFETY Act Designation
will: Receive expedited review of their application for Designation;
either affirmatively or presumptively (as the case may be) be deemed to
have satisfied the technical criteria for SAFETY Act Designation with
respect to the Technology identified in the Pre-Qualification
Designation Notice; and be
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authorized to submit a streamlined application as set forth in the Pre-
Qualification Designation Notice. In instances in which the subject
procurement involves Technology with respect to which a Block
Designation or Block Certification has been issued, the Department may
determine that the vendor providing such Technology will affirmatively
receive Designation or Certification with respect to such Technology,
provided the vendor satisfy each other applicable requirement for
Designation or Certification. Government agencies seeking a Pre-
Qualification Designation Notice shall submit a written request using
the ``Procurement Pre-Qualification Request'' form prescribed by the
Under Secretary and made available at http://www.safetyact.gov and by
mail upon request sent to: Directorate of Science and Technology,
SAFETY Act/room 4320, Department of Homeland Security, Washington, DC
20528.
(3) Actions. Within 60 days after the receipt of a complete
Procurement Pre-Qualification Request, the Under Secretary shall take
one of the following actions:
(i) Approve the Procurement Pre-Qualification Request and issue an
appropriate Pre-Qualification Designation Notice to the requesting
agency that it may include in the government contract or in the
solicitation materials, as appropriate; or
(ii) Notify the requesting agency in writing that the relevant
procurement is potentially eligible for a Pre-Qualification Designation
Notice, but that additional information is needed before a decision may
be reached; or
(iii) Deny the Procurement Pre-Qualification Request and notify the
requesting agency in writing of such decision, including the reasons
for such denial.
(4) Contents of Notice. A Pre-Qualification Designation Notice
shall contain, at a minimum, the following:
(i) A detailed description of and detailed specifications for the
Technology to which the Pre-Qualification Designation Notice applies,
which may incorporate by reference all or part of the procurement
solicitation documents issued or to be issued by the requesting agency;
(ii) A statement that the Technology to which the Pre-Qualification
Designation Notice applies satisfies the technical criteria to be
deemed a Qualified Anti-Terrorism Technology and that the Selected
Vendor(s) may presumptively or will qualify for the issuance of a
Designation for such Technology upon compliance with the terms and
conditions set forth in such Pre-Qualification Designation Notice and
the approval of the streamlined application;
(iii) A list of the portions of the application referenced in Sec.
25.6(a) that the Selected Vendor(s) must complete and submit to the
Department in order to obtain Designation and the appropriate period of
time for such submission;
(iv) The period of time within which the Under Secretary will take
action upon such submission;
(v) The date of expiration of such Pre-Qualification Designation
Notice; and
(vi) Any other terms or conditions that the Under Secretary deems
to be appropriate in his discretion.
(5) Review of Completed Applications. The application for
Designation from the Selected Vendor(s) shall be considered, processed,
and acted upon in accordance with the procedures set forth in Sec.
25.6 (which shall be deemed to be modified by the terms and conditions
set forth in the applicable Pre-Qualification Designation Notice).
However, the review and evaluation of the Technology to be procured
from the Selected Vendor(s), in relation to the criteria set forth in
Sec. 25.4(b), shall ordinarily consist of a validation that that the
Technology complies with the detailed description of and detailed
specifications for the Technology set forth in the applicable Pre-
Qualification Designation Notice.
(h) Block Designations. (1) From time to time, the Under Secretary,
in response to an application submitted pursuant to Sec. 25.6(a) or
upon his own initiative, may issue a Designation that is applicable to
any person, firm, or other entity that is a qualified Seller of the
QATT described in such Designation (a ``Block Designation''). A Block
Designation will be issued only for Technology that relies on
established performance standards or defined technical characteristics.
All Block Designations shall be published by the Department within ten
days after the issuance thereof at http://www.safetyact.gov, and copies
may also be obtained by mail by sending a request to: Directorate of
Science and Technology, SAFETY Act/room 4320, Department of Homeland
Security, Washington, DC 20528. Any person, firm, or other entity that
desires to qualify as a Seller of a QATT that has received a Block
Designation shall complete only such portions of the application
referenced in Sec. 25.6(a) as are specified in such Block Designation
and shall submit an application to the Department in accordance with
Sec. 25.6(a) and the terms of the Block Designation. Applicants
seeking to be qualified Sellers of a QATT pursuant to a Block
Designation will receive expedited review of their applications and
shall not be required to provide information with respect to the
technical merits of the QATT that has received Block Designation.
Within 60 days (or such other period of time as may be specified in the
applicable Block Designation) after the receipt by the Department of a
complete application, the Under Secretary shall take one of the
following actions:
(i) Approve the application and notify the applicant in writing of
such approval, which notification shall include the certification
required by Sec. 25.5(g); or
(ii) Deny the application, and notify the applicant in writing of
such decision, including the reasons for such denial.
(2) If the application is approved, commencing on the date of such
approval the applicant shall be deemed to be a Seller under the
applicable Block Designation for all purposes under the SAFETY Act,
this part, and such Block Designation. A Block Designation shall be
valid and effective for a term of five to eight years (as determined by
the Under Secretary in his discretion) commencing on the date of
issuance, and may be renewed or extended by the Under Secretary at his
own initiative or in response to an application for renewal submitted
by a qualified Seller under such Block Designation in accordance with
Sec. 25.6(h). Except as otherwise specifically provided in this
paragraph, a Block Designation shall be deemed to be a Designation for
all purposes under the SAFETY Act and this part.
(i) Other Bases for Expedited Review of Applications. The Under
Secretary may identify other categories or types of Technologies for
which expedited processing may be granted. For example, the Under
Secretary may conduct expedited processing for applications addressing
a particular threat or for particular types of anti-terrorism
Technologies. The Under Secretary shall notify the public of any such
opportunities for expedited processing by publishing such notice in the
Federal Register.
(j) Transfer of Designation. Except as may be restricted by the
terms and conditions of a Designation, any Designation may be
transferred and assigned to any other person, firm, or other entity to
which the Seller transfers and assigns all right, title, and interest
in and to the Technology covered by the Designation, including the
intellectual property rights therein (or, if the Seller is a licensee
of the Technology, to any
[[Page 33165]]
person, firm, or other entity to which such Seller transfers all of its
right, title, and interest in and to the applicable license agreement).
Such transfer and assignment of a Designation will not be effective
unless and until the Under Secretary is notified in writing of the
transfer using the ``Application for Transfer of Designation'' form
issued by the Under Secretary (the Under Secretary shall make this
application form available at http://www.safetyact.gov and by mail by
written request sent to: Directorate of Science and Technology, SAFETY
Act/room 4320, Department of Homeland Security, Washington, DC 20528).
Upon the effectiveness of such transfer and assignment, the transferee
will be deemed to be a Seller in the place and stead of the transferor
with respect to the applicable Technology for all purposes under the
SAFETY Act, this part, and the transferred Designation. The transferred
Designation will continue to apply to the transferor with respect to
all transactions and occurrences that occurred through the time at
which the transfer and assignment of the Designation became effective,
as specified in the applicable Application for Transfer of Designation.
(k) Application of Designation to Licensees. Except as may be
restricted by the terms and conditions of a Designation, any
Designation shall apply to any other person, firm, or other entity to
which the Seller licenses (exclusively or nonexclusively) the right to
manufacture, use, or sell the Technology, in the same manner and to the
same extent that such Designation applies to the Seller, effective as
of the date of commencement of the license, provided that the Seller
notifies the Under Secretary of such license by submitting, within 30
days after such date of commencement, a ``Notice of License of
Qualified Anti-terrorism Technology'' form issued by the Under
Secretary. The Under Secretary shall make this form available at http://www.safetyact.gov
and by mail upon request sent to: Directorate of
Science and Technology, SAFETY Act/room 4320, Department of Homeland
Security, Washington, DC 20528. Such notification shall not be required
for any licensee listed as a Seller on the applicable Designation.
(l) Significant Modification of Qualified Anti-terrorism
Technologies. (1) The Department recognizes that Qualified Anti-
Terrorism Technologies may routinely undergo changes or modifications
in their manufacturing, materials, installation, implementation,
operating processes, component assembly, or in other respects from time
to time. When a Seller makes routine changes or modifications to a
Qualified Anti-Terrorism Technology, such that the QATT remains within
the scope of the description set forth in the applicable Designation or
Certification, the Seller shall not be required to provide notice under
this subsection, and the changes or modifications shall not adversely
affect the force or effect of the Seller's QATT Designation or
Certification.
(2) A Seller shall promptly notify the Department and provide
details of any change or modification to a QATT that causes the QATT no
longer to be within the scope of the Designation or Certification by
submitting to the Department a completed ``Notice of Modification to
Qualified Anti-Terrorism Technology'' form issued by the Under
Secretary (a ``Modification Notice''). A Seller is not required to
notify the Department of any change or modification of a particular
Qualified Anti-Terrorism Technology that is made post-sale by a
purchaser unless the Seller has consented expressly to the
modification. The Under Secretary shall make an appropriate form
available at http://www.safetyact.gov and by mail upon request sent to:
Directorate of Science and Technology, SAFETY Act/room 4320, Department
of Homeland Security, Washington, DC 20528. The Department will
promptly acknowledge receipt of a Modification Notice by providing the
relevant Seller with written notice to that effect. Within 60 days of
the receipt of a Modification Notice, the Under Secretary may, in his
sole and unreviewable discretion:
(i) Inform the submitting Seller that the QATT as changed or
modified is consistent with, and is not outside the scope of, the
Seller's Designation or Certification;
(ii) Issue to the Seller a modified Designation or Certification
incorporating some or all of the notified changes or modifications;
(iii) Seek further information regarding the changes or
modifications and temporarily suspend the 60-day period of review;
(iv) Inform the submitting Seller that the changes or modifications
might cause the QATT as changed or modified to be outside the scope of
the Seller's Designation or Certification, and require further review
and consideration by the Department;
(v) Inform the submitting Seller that the QATT as changed or
modified is outside the scope of the subject Seller's Designation or
Certification, and require that the QATT be brought back into
conformance with the Seller's Designation or Certification; or
(vi) If the Seller fails to bring the subject QATT into conformance
in accordance with the Under Secretary's direction pursuant to
paragraph (l)(2)(v) of this section, issue a public notice stating that
the QATT as changed or modified is outside the scope of the submitting
Seller's Designation or Certification and, consequentially, that such
Designation or Certification is not applicable to the QATT as changed
or modified. If the Under Secretary does not take one or more of such
actions within the 60-day period following the Department's receipt of
a Seller's Modification Notice, the changes or modifications identified
in the Modification Notice will be deemed to be approved by the Under
Secretary and the QATT, as changed or modified, will be conclusively
established to be within the scope of the description of the QATT in
the Seller's Designation or Certification.
(3) Notwithstanding anything to the contrary herein, a Seller's
original QATT Designation or Certification will continue in full force
and effect in accordance with its terms unless modified, suspended, or
terminated by the Under Secretary in his discretion, including during
the pendency of the review of the Seller's Modification Notice. In no
event will any SAFETY Act Designation or Certification terminate
automatically or retroactively under this section. A Seller is not
required to notify the Under Secretary of any change or modification
that is made post-sale by a purchaser or end-user of the QATT without
the Seller's consent, but the Under Secretary may, in appropriate
circumstances, require an end-user to provide periodic reports on
modifications or permit inspections or audits.
Sec. 25.7 Litigation Management
(a) Liability for all claims against a Seller arising out of,
relating to, or resulting from an Act of Terrorism when such Seller's
Qualified Anti-Terrorism Technology has been deployed in defense
against, response to, or recovery from such act and such claims result
or may result in loss to the Seller shall not be in an amount greater
than the limits of liability insurance coverage required to be
maintained by the Seller under this section or as specified in the
applicable Designation.
(b) In addition, in any action for damages brought under section
442 of Title 6, United States Code:
(1) No punitive damages intended to punish or deter, exemplary
damages, or other damages not intended to compensate a plaintiff for
actual losses
[[Page 33166]]
may be awarded, nor shall any party be liable for interest prior to the
judgment;
(2) 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; and
(3) Any recovery by a plaintiff shall be reduced by the amount of
collateral source compensation, if any, that the plaintiff has received
or is entitled to receive as a result of such Acts of Terrorism that
result or may result in loss to the Seller.
(c) Without prejudice to the authority of the Under Secretary to
terminate a Designation pursuant to paragraph (h) of Sec. 25.6, the
liability limitations and reductions set forth in this section shall
apply in perpetuity to all sales or deployments of a Qualified Anti-
Terrorism Technology in defense against, response to, or recovery from
any Act of Terrorism that occurs on or after the effective date of the
Designation applicable to such Qualified Anti-Terrorism Technology,
regardless of whether any liability insurance coverage required to be
obtained by the Seller is actually obtained or maintained or not,
provided that the sale of such Qualified Anti-Terrorism Technology was
consummated by the Seller on or after the earliest date of sale of such
Qualified Anti-Terrorism Technology specified in such Designation and
prior to the earlier of the expiration or termination of such
Designation.
(d) There shall exist only one cause of action for loss of
property, personal injury, or death for performance or non-performance
of the Seller's Qualified Anti-Terrorism Technology in relation to an
Act of Terrorism. Such cause of action may be brought only against the
Seller of the Qualified Anti-Terrorism Technology and may not be
brought against the buyers, the buyers' contractors, or downstream
users of the Technology, the Seller's suppliers or contractors, or any
other person or entity. In addition, such cause of action must be
brought in the appropriate district court of the United States.
Sec. 25.8 Government Contractor Defense
(a) Criteria for Certification. The Under Secretary may issue a
Certification for a Qualified Anti-Terrorism Technology as an Approved
Product for Homeland Security for purposes of establishing a rebuttable
presumption of the applicability of the government contractor defense.
In determining whether to issue such Certification, the Under Secretary
or his designee shall 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 shall provide safety and hazard analyses and other
relevant data and information regarding such Qualified Anti-Terrorism
Technology to the Department in connection with an application. The
Under Secretary or his designee may require that the Seller submit any
information that the Under Secretary or his designee considers relevant
to the application for approval. The Under Secretary or his designee
may consult with, and rely upon the expertise of, any other
governmental or non-governmental person, firm, or entity, and may
consider test results produced by an independent laboratory or other
person, firm, or other entity engaged by the Seller.
(b) Extent of Liability. 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
Certified by the Under Secretary as provided in Sec. Sec. 25.8 and
25.9 of this part 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 rebuttable presumption that the government
contractor defense applies in such lawsuit. This presumption shall only
be overcome by clear and convincing evidence showing that the Seller
acted fraudulently or with willful misconduct in submitting information
to the Department during the course of the consideration of such
Technology under this section and Sec. 25.9 of this part. A claimant's
burden to show fraud or willful misconduct in connection with a
Seller's SAFETY Act application cannot be satisfied unless the claimant
establishes there was a knowing and deliberate intent to deceive the
Department. 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. Such presumption shall apply in perpetuity to all
deployments of a Qualified Anti-Terrorism Technology (for which a
Certification has been issued by the Under Secretary as provided in
this section and Sec. 25.9 of this part) in defense against, response
to, or recovery from any Act of Terrorism that occurs on or after the
effective date of the Certification applicable to such Technology,
provided that the sale of such Technology was consummated by the Seller
on or after the earliest date of sale of such Technology specified in
such Certification (which shall be determined by the Under Secretary in
his discretion, and may be prior to, but shall not be later than, such
effective date) and prior to the expiration or termination of such
Certification.
(c) Establishing Applicability of the Government Contractor
Defense. The Under Secretary will be exclusively responsible for the
review and approval of anti-terrorism Technology for purposes of
establishing the 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 Under Secretary, as provided in this final rule, 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 Certification of
a Technology as an Approved Product for Homeland Security shall be the
only evidence necessary to establish that the Seller of the Qualified
Anti-Terrorism Technology that has been issue a Certification is
entitled to a presumption of dismissal from a cause of action brought
against a Seller arising out of, relating to, or resulting from an Act
of Terrorism when the Qualified Anti-Terrorism Technology was deployed
in defense against or response to or recovery from such Act of
Terrorism. This presumption of dismissal is based upon the statutory
government contractor defense conferred by the SAFETY Act.
Sec. 25.9 Procedures for Certification of Approved Products for
Homeland Security.
(a) Application Procedure. An applicant seeking a Certification of
anti-terrorism Technology as an Approved Product for Homeland Security
under Sec. 25.8 shall submit information supporting such request to
the Under Secretary. The Under Secretary shall make application forms
available at http://www.safetyact.gov, and copies may also be obtained
by mail by sending a request to: Directorate of Science and Technology,
SAFETY Act/room 4320, Department of Homeland Security, Washington, DC
20528. An application for a Certification may not be filed unless the
applicant has also filed an application for a Designation for the same
Technology in accordance with Sec. 25.6(a). Such applications may be
filed simultaneously and may be reviewed simultaneously by the
Department.
[[Page 33167]]
(b) Initial Notification. Within 30 days after receipt of an
application for a Certification, the Under Secretary or his designee
shall notify the applicant in writing that:
(1) The application is complete and will be reviewed, or
(2) That the application is incomplete, in which case the missing
or incomplete parts will be specified.
(c) Review Process. The Under Secretary or his designee will review
each complete application for a Certification and any included
supporting materials. In performing this function, the Under Secretary
or his designee may, but is not required to:
(1) Request additional information from the Seller;
(2) Meet with representatives of the Seller;
(3) Consult with, and rely upon the expertise of, any other Federal
or non-Federal entity; and
(4) Perform or seek studies or analyses of the Technology.
(d) Action by the Under Secretary.
(1) Within 90 days after receipt of a complete application for a
Certification, the Under Secretary shall take one of the following
actions:
(i) Approve the application and issue an appropriate Certification
to the Seller;
(ii) Notify the Seller in writing that the Technology is
potentially eligible for a Certification, but that additional specified
information is needed before a decision may be reached; or
(iii) Deny the application, and notify the Seller in writing of
such decision.
(2) The Under Secretary may extend the time period one time for 45
days upon notice to the Seller, and the Under Secretary is not required
to provide a reason or cause for such extension. The Under Secretary's
decision shall be final and not subject to review, except at the
discretion of the Under Secretary.
(e) Designation is a Pre-Condition. The Under Secretary may approve
an application for a Certification only if the Under Secretary has also
approved an application for a Designation for the same Technology in
accordance with Sec. 25.4.
(f) Content and Term of Certification; Renewal. (1) A Certification
shall:
(i) Describe the Qualified Anti-Terrorism Technology (in such
detail as the Under Secretary deems to be appropriate);
(ii) Identify the Seller(s) of the Qualified Anti-Terrorism
Technology;
(iii) Specify the earliest date of sale of the Qualified Anti-
Terrorism Technology to which the Certification shall apply (which
shall be determined by the Under Secretary in his discretion, and may
be prior to, but shall not be later than, the effective date of the
Certification); and
(iv) To the extent practicable, include such standards,
specifications, requirements, performance criteria, limitations, or
other information as the Department in its sole and unreviewable
discretion may deem appropriate.
(2) A Certification shall be valid and effective for the same
period of time for which the related Designation is issued, and shall
terminate upon the termination of such related Designation. The Seller
may apply for renewal of the Certification in connection with an
application for renewal of the related Designation. An application for
renewal must be made using the ``Application for Certification of an
Approved Product for Homeland Security'' form issued by the Under
Secretary.
(g) Application of Certification to Licensees. A Certification
shall apply to any other person, firm, or other entity to which the
applicable Seller licenses (exclusively or nonexclusively) the right to
manufacture, use, or and sell the Technology, in the same manner and to
the same extent that such Certification applies to the Seller,
effective as of the date of commencement of the license, provided that
the Seller notifies the Under Secretary of such license by submitting,
within 30 days after such date of commencement, a ``Notice of License
of Approved Anti-terrorism Technology'' form issued by the Under
Secretary. The Under Secretary shall make this form available at http://www.safetyact.gov
and by mail upon request sent to: Directorate of
Science and Technology, SAFETY Act/room 4320, Department of Homeland
Security, Washington, DC 20528. Such notification shall not be required
for any licensee listed as a Seller on the applicable Certification.
(h) Transfer of Certification. In the event of any permitted
transfer and assignment of a Designation, any related Certification for
the same anti-terrorism Technology shall automatically be deemed to be
transferred and assigned to the same transferee to which such
Designation is transferred and assigned. The transferred Certification
will continue to apply to the transferor with respect to all
transactions and occurrences that occurred through the time at which
such transfer and assignment of the Certification became effective.
(i) Issuance of Certificate; Approved Product List. For anti-
terrorism Technology reviewed and approved by the Under Secretary and
for which a Certification is issued, the Under Secretary shall issue a
certificate of conformance to the Seller and place the anti-terrorism
Technology on an Approved Product List for Homeland Security, which
shall be published by the Department.
(j) Block Certifications. (1) From time to time, the Under
Secretary, in response to an application submitted pursuant to Sec.
25.9(a) or at his own initiative, may issue a Certification that is
applicable to any person, firm or other entity that is a qualified
Seller of the Approved Product for Homeland Security described in such
Certification (a ``Block Certification''). All Block Certifications
shall be published by the Department within ten days after the issuance
thereof at http://www.safetyact.gov, and copies may also be obtained by
mail by sending a request to: Directorate of Science and Technology,
SAFETY Act/room 4320, Department of Homeland Security, Washington, DC
20528. Any person, firm, or other entity that desires to qualify as a
Seller of an Approved Product for Homeland Security under a Block
Certification shall complete only such portions of the application
referenced in Sec. 25.9(a) as are specified in such Block
Certification and shall submit such application to the Department in
accordance with Sec. 9(a). Applicants seeking to be qualified Sellers
of an Approved Product for Homeland Security pursuant to a Block
Certification will receive expedited review of their applications and
shall not be required to provide information with respect to the
technical merits of the Approved Product for Homeland Security that has
received Block Certification. Within 60 days (or such other period of
time as may be specified in the applicable Block Certification) after
the receipt by the Department of a complete application, the Under
Secretary shall take one of the following actions:
(i) Approve the application and notify the applicant in writing of
such approval; or
(ii) Deny the application, and notify the applicant in writing of
such decision, including the reasons for such denial.
(2) If the application is approved, commencing on the date of such
approval, the applicant shall be deemed to be a Seller under the
applicable Block Certification for all purposes under the SAFETY Act,
this part, and such Block Certification. A Block Certification shall be
valid and effective for the same period of time for which the related
Block Designation is issued. A Block Certification may be renewed by
the Under Secretary at his own initiative or in response to an
application for
[[Page 33168]]
renewal submitted by a qualified Seller under such Block Certification
in accordance with Sec. 25.9(g). Except as otherwise specifically
provided in this paragraph, a Block Certification shall be deemed to be
a Certification for all purposes under the SAFETY Act and this part.
Sec. 25.10 Confidentiality and Protection of Intellectual Property.
(a) General. The Secretary, in consultation with the Office of
Management and Budget and appropriate Federal law enforcement and
intelligence officials, and in a manner consistent with existing
protections for sensitive or classified information, shall establish
confidentiality procedures for safeguarding, maintenance and use of
information submitted to the Department under this part. Such protocols
shall, among other things, ensure that the Department will utilize all
appropriate exemptions from the Freedom of Information Act.
(b) Non-Disclosure. Except as otherwise required by applicable law
or regulation or a final order of a court of competent jurisdiction, or
as expressly authorized in writing by the Under Secretary, no person,
firm, or other entity may:
(1) Disclose SAFETY Act Confidential Information (as defined above)
to any person, firm, or other entity, or
(2) Use any SAFETY Act Confidential Information for his, her, or
its own benefit or for the benefit of any other person, firm, or other
entity, unless the applicant has consented to the release of such
SAFETY Act Confidential Information.
(c) Legends. Any person, firm, or other entity that submits data or
information to the Department under this Part may place a legend on
such data or information indicating that the submission constitutes
SAFETY Act Confidential Information. The absence of such a legend shall
not prevent any data or information submitted to the Department under
this Part from constituting or being considered by the Department to
constitute SAFETY Act Confidential Information.
Dated: June 2, 2006.
Michael Chertoff,
Secretary.
[FR Doc. 06-5223 Filed 6-5-06; 2:16 pm]
BILLING CODE 4410-10-P
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Evaluate the Act's benefit to your organization, insurance, products, suppliers, vendors and customers
Determine if SAFETY Act
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Describe and review the Act with your risk management, legal, upper management, finance, engineering, and marketing groups as needed
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SAFETY ACT CONSULTANTS
P.O. Box 1666
Brookfield, WI 53008-1666
ph: 202 640 4000
fax: 202 407 7054
alt: Toll Free 855-SAFETY-ACT
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