One of the criteria cited in the SAFETY Act is the "Availability of the Technology for immediate deployment in public and private settings." Thus, the Department of Homeland Security (DHS) requires an assessment of how long it will take to bring a technology to market. Although DHS interpretation of "immediate deployment" is broad, you must demonstrate that significant research, development, and testing are not needed prior to effective deployment. You may consider taking advantage of the pre-application DHS offers. Keep in mind that you may qualify for a Developmental Testing and Evaluation Designation if your Technology requires an actual deployment to complete operational testing.

If the differences among the various products or models that use your Technology cause those products to differ in how well they satisfy the eight criteria of the SAFETY Act, resulting in significant differences in the answers to those questions, then you should submit separate applications for those significantly differing products or models. If the products satisfy the eight criteria substantially to the same extent, regardless of make or model, then one application is sufficient. If you choose to submit one application for multiple products or models, you should use the name of the common underlying technology shared by those products or models in Item D.4.1 of the Designation application, and list the various current makes and models in Item D.5, separated by commas. If there are too many products or models to list in the space provided, you may write "MANY" in the appropriate fields and give the expanded list in response to Item D.9 in the ATTDetails section of your response.

The SAFETY Act evaluation process and criteria apply to services. To seek Designation for a service, you must define how you perform your service and provide information supporting the utility, effectiveness, and safety of the service. This will generally include establishing that your service is implemented by a well-documented and reproducible process, that this process is consistently effective, and that it can be expected to remain effective in future deployments. In particular, you should describe how you conduct assessments of customers needs, how you map customer needs onto required deliverables, and how you determine what specific actions, products, and subsystems are best suited to provide those deliverables. A Designation or Certification may cover the entire process that you set forth, potentially including, for example, physical products that you deploy in implementing those services. The application should describe a service or a family of services with a common process that can reasonably be treated as a unit for purposes of evaluating your service. Using the current Application Kit, applicants are instructed to read the questions and terms broadly to provide sufficient information upon which the Department of Homeland Security can evaluate your service under the criteria of the SAFETY Act set forth in the Final Rule. For example, a "unit" for services may be a single contract and "unit costs" would be interpreted accordingly. Similarly, references to the "product life cycle" of the technology may be interpreted by analogy: the life cycle of a service may involve market research, and marketing during the "product development" phase. Individual contracts may involve requirements specification, scope definition, staffing, report preparation, etc., in the "deployment" phase. Service providers should think in these broad terms when filling out an application. In rare cases, a response of "Not Applicable," due to type of technology, may be appropriate for a given Application Kit question regarding a particular technology.

No. Evaluation of your Technology by the Department of Homeland Security's Office of SAFETY Act Implementation (DHS/OSAI) is limited to the requirements of the SAFETY Act and the status of Designation or Certification applies exclusively to the SAFETY Act. You are still responsible for complying with all applicable laws, rules, and regulations of any Federal, State, or local agency with which you would otherwise be required to comply if you had not applied for and received SAFETY Act protections. For instance, if your Technology includes the use of a pesticide that is regulated by the Environmental Protection Agency under FIFRA (Federal Insecticide, Fungicide, and Rodenticide Act), the granting of SAFETY Act Designation or Certification does not relieve you of the requirement of complying with FIFRA. DHS/OSAI's independent SAFETY Act evaluation specifically pertains to the efficacy of a particular technology as an anti-terrorism technology.

The Office of SAFETY Act Implementation (OSAI) does not assist Sellers in identifying relevant Government procurements or customers. The Technology and its Award are, however, listed on the SAFETY Act Web site. Government procurement officials are required by Part 50 of the Federal Acquisition Regulation to consider the benefits of the SAFETY Act in their acquisition planning. Additionally, OSAI 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 through the Pre-Qualification Designation Notice process described in Section 25.6(g) of the Final Rule.

Attachments are not sent with the email notification. The attachments can be seen in the "Related Links" section of your application under the "Correspondence" heading.

The Under Secretary may use their discretion in granting an expedited SAFETY Act review for applications associated with government procurements, Block Designations, Block Certifications, and in any other cases they believe warrants an expedited review. An applicant may request an expedited review of their application when the applicant officially submits their SAFETY Act application.?If the Under Secretary chooses to authorize the expedited review of a class of applications, the Under Secretary will notify the public of these opportunities by publishing a notice in the Federal Register.

There are two levels of protection available under the SAFETY Act. They are: I. Designation: A technology must demonstrate effectiveness during operational testing or through prior use. Designation provides a liability cap as well as exclusive action in Federal court, no joint and several liability for non-economic damages, and no punitive damages or prejudgment interest. An applicant is required by the SAFETY Act to obtain liability insurance in the amount of the specified liability cap certified by the Secretary. A full Designation normally lasts for 5 years, after which time it can be renewed. Any technology deployed during its period of Designation is protected for the lifetime of its deployment. If a technology shows promise but is not sufficiently mature to receive a full Designation, a Developmental Testing & Evaluation (DT&E) Designation is available to provide protection during further testing or trial deployment in order to collect the additional efficacy data necessary for a full Designation. A DT&E Designation provides similar liability protections as that provided by a full Designation but with certain limitations and constraints. In general, DT&E Designations will include limitations on the use and deployment of the subject technology, remain terminable at-will by the Department should any concerns regarding the safety of technology come to light, and will have a limited term not to exceed a reasonable period for testing or evaluating the technology (presumptively not longer than 36 months). Further, the SAFETY Act liability protections associated with DT&E Designations will apply only to acts that occur during the period set forth in the particular DT&E Designation. II. Certification: In addition to the benefits provided under Designation, DHS may offer Certification if it determines that the Technology will perform as intended, conforms to the seller?s specifications, and is safe for use as intended. If a Technology receives certification, this creates a rebuttable presumption that the government contractor defense applies in any lawsuit arising from an act of terrorism in which the Technology was deployed. Technologies that receive Certification will be also placed on an Approved Products List for Homeland Security.?

If you do submit application materials via hard copy or electronic media (CDs, etc.) to the Department of Homeland Security, Office of SAFETY Act Implementation (DHS/OSAI), the SAFETY Act Help Desk staff will upload your materials to the SAFETY Act Web site. You will be contacted to verify that all materials have been correctly uploaded and are visible on www.safetyact.gov. If all materials are visible, you should submit your application as "Final." If you require additional information on submitting a paper application, contact the SAFETY Act Help Desk (e-mail: SAFETYActhelpdesk@HQ.DHS.gov or call 1-866-788-9318).

In this circumstance, you are typically required to file a Notice of Transfer application. However, because circumstances may vary, please contact the SAFETY Act Help Desk (email: SAFETYActHelpDesk@HQ.DHS.gov or call 1-866-788-9318).

An Applicant may reapply for SAFETY Act protections at any time. Once an application has been denied for Designation, Certification, or Developmental Testing and Evaluation Designation, an Applicant is required to resubmit a full application following the normal SAFETY Act application process should they wish to pursue SAFETY Act protections. It is in an Applicant's best interest to address all of the issues raised in a denial letter before resubmitting a request for any layer of protection.

The Department of Homeland Security (DHS) has established a streamlined procedure for providing SAFETY Act coverage for qualified Sellers of certain categories of technologies. These types of Certifications or Designations are known as "Block Designations" or "Block Certifications." Block Designations and Block Certifications may be issued at the Secretary of Homeland Security's discretion and are intended to recognize technologies that meet the criteria for Designation as a Qualified Anti-Terrorism Technology (QATT) or Certification, based on established performance standards or defined technical characteristics. Fundamentally, Block Designation or Block Certification will announce to potential Sellers of the subject QATT that DHS has determined that the QATT satisfies the technical criteria for either Designation or Certification and only limited additional economic and technical analyses will normally be required in evaluating applications concerning these QATTs. The terms of any such Block Designation or Block Certification will establish the procedures and conditions upon which an Applicant may receive SAFETY Act coverage as a Seller of the subject technology. Applications from potential Sellers of a QATT that has received either Block Designation or Block Certification will receive expedited review and are required to submit minimal information concerning the technical merits of the underlying technology (i.e., data on meantime between failures). All Block Designations and Block Certifications will be published by the Department within 10 days after the issuance thereof on the SAFETY Act Web site, and copies may also be obtained by mail by sending a request to: Office of SAFETY Act Implementation, Department of Homeland Security, S&T SAFETY, Room 1715, Mail Stop 8700, 245 Murray Lane, Washington, DC 20528-0216. Such publication will be coordinated to guard against the unauthorized disclosure of proprietary information. Any person, firm, or other entity that desires to qualify as a Seller of a QATT that is the subject of a Block Designation or Block Certification will be required to submit only those portions of the application referenced in 25.6(a) of the Final Rule that are specified in such Block Designation or Block Certification, and otherwise to comply with terms of 25.6(a) and the relevant Block Designation or Block Certification.

A Notice of Modification should be submitted if the Seller makes or intends to make any a significant modification to the Technology that falls outside the scope of the Designation and, as applicable, Certification. Immaterial or routine modifications that are within the scope of the protections do not require notice. Applicants can submit a Notice of Modification to confirm if a change is considered within the scope of an existing Designation and Certification. However, the Seller is required to inform the Department of any significant modifications to the Technology. There are two types of Modification: Technical Modification and Insurance Petition. Either type of Modification uses the same Notice of Modification form. An example of the Technical Modification would be if an additional business entity (e.g., a sister company, a corporate parent, or an unrelated company) provides technical input to, or insurance coverage for, the Technology and wishes to be listed as an additional Seller, or if the Seller changes its legal name and/or moves its corporate residence to a state other than the original state of incorporation. When an unrelated company is proposed to be listed as an additional Seller through the Technical Modification, the technology, insurance, and financial information applicable to the new Seller usually needs to be submitted, including the impact the Modification will have on the functioning and sales of the Technology. In summary, when there are significant changes in the functionality, capability, component, or provision (including design, engineering, manufacturing, etc.) of the Technology in a way deviating from the current scope of the Designation and, as applicable, Certification, the Seller is required to file a Technical Modification. Insurance Petition may be submitted to the Department if the Seller desires to revise the current insurance coverage requirement. The Insurance Petition should include a basis or explanation of why the required insurance needs to be revised (e.g., unanticipated hardship in obtaining and/or maintaining the required insurance limit due to sudden changes in the insurance market, drastic changes in the projections of future Technology revenue, worsening of overall business environments, etc.)

Any SAFETY Act protections may be transferred and assigned to any other person, firm, or other entity (Transferee) to which the current Seller (Transferor) transfers or assigns the right, title, and interest in and to the SAFETY Act protected Technology, including the intellectual property rights therein. The Transferee initiates the process by filing an Application for Transfer of Designation form. Once the application for transfer is deemed effective, the Transferee will be deemed to be a Seller in the place and stead of the Transferor for all purposes under the SAFETY Act. For example, a Transfer Application is required if a Seller acquires a Technology from another, independent company or entity. As a rule of thumb, when a merger and acquisition involving the Seller or the Technology takes place, a Transfer Application needs to be filed by the surviving or purchasing entity, which naturally becomes the Transferee. When a company takes over the existing Technology from the Seller and bundles it into a new Technology in scope and functionality by adding its own business contracts, engineering, and/or technology components, it is not viewed as a Transfer but as a new application for Designation and, as applicable, Certification.

Applicants receiving SAFETY Act protection are required to submit insurance information that verifies that the company has obtained and will maintain the insurance requirement specified in its Designation letter. Insurance certification should be on company letterhead, signed and dated by an employee of the protected company. DHS may terminate protections if the Seller fails to provide any of the insurance certifications required or provides a false certification.

The SAFETY Act creates a system of risk and litigation management designed to ensure that the threat of liability in the event of an Act of Terrorism does not deter potential manufacturers or sellers of anti-terrorism technologies from developing, commercializing, and deploying technologies that could save lives.

The SAFETY Act provides a broad definition regarding the range of technologies that can potentially receive SAFETY Act protections. The Department of Homeland Security has not specifically defined "support services," but instead allows applicants to submit an application if they believe that their product or service meets the criteria defined in the SAFETY Act. These criteria are also discussed in the regulation established in 6 C.F.R. Part 25, the "Regulations Implementing the Support Anti-terrorism by Fostering Effective Technologies Act of 2002 (the SAFETY Act); Final Rule," located in the reference material section. Because of the unique characteristics of each Technology, we refer each Applicant to this source and to the application kit and pre-application process as methods to determine if SAFETY Act protections could apply to a technology.

When a Technology is Designated as a Qualified Anti-Terrorism Technology (QATT), the Seller of the QATT is granted limited liability for third-party claims arising out of the deployment of the QATT with respect to an "Act of Terrorism" (as defined in the SAFETY Act and the implementing regulations). The Seller must maintain liability insurance at a level set by DHS on a case-by-case basis, and the Seller's liability will be limited to that amount. The Seller also enjoys other important protections, including immunity from punitive damages. In addition, in accordance with DHS's interpretation of the SAFETY Act, the Seller of a QATT becomes the sole entity that can be sued for third-party injuries due to the alleged failure of the QATT when deployed in defense against, response to, or recovery from an Act of Terrorism, effectively protecting all other companies and persons in the manufacturing and distribution chains from these claims. When a QATT is Certified by DHS as an "Approved Product for Homeland Security," the Seller becomes eligible for a presumption that the Government Contractor Defense will apply to third-party claims arising out of the deployment of the QATT with respect to an "Act of Terrorism." The successful assertion of this defense eliminates liability on the part of the Seller for such claims. Designation is a prerequisite for Certification.

As part of the Homeland Security Act of 2002, Public Law 107-296, Congress enacted several levels of liability protection for providers of anti-terrorism technologies. The SAFETY Act ("the Act") provides incentives for the development and deployment of anti-terrorism technologies by creating a system of "risk management" and a system of "litigation management." The purpose of the Act is to ensure that the threat of liability does not deter potential manufacturers or Sellers of anti-terrorism technologies from developing, commercializing, and deploying technologies that could significantly reduce the risks or mitigate the effects of large-scale terrorist events. Thus, the Act creates certain liability limitations for "claims arising out of, relating to, or resulting from an Act of Terrorism" where Qualified Anti-Terrorism Technologies have been deployed. The Act does not limit liability for harm caused by anti-terrorism technologies when no Act of Terrorism has occurred.

For products, at a minimum, you should define testing and evaluation criteria and/or and how you plan to implement service components. You should ensure that your test plan includes testing in realistic environments, methods for making and verifying changes, and defined test goals. For services, at a minimum, you should include information on process development, customer feedback mechanisms, and an outline of what you hope to gain by conducting a pilot deployment. The test plan for all technologies should be designed to demonstrate to the Department of Homeland Security that you will be gathering information that can be incorporated easily into an application for full Designation.