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If an applicant feels his technology supports the ability to apply for Designation and Certification simultaneously, he can do so rather than applying for Designation and subsequently applying for Certification separately.
The purpose of completing a SAFETY Act Designation application is for the applicant, i.e., the seller of a technology, to explain to the Department of Homeland Security (DHS) how the technology qualifies for the system of risk management and litigation management under the SAFETY Act. The application is designed to elicit the information that will allow the DHS to understand exactly what the seller's technology is, and how it relates to the criteria for Designation set forth in the SAFETY Act.
SAFETY Act Certification provides sellers of a Qualified Anti-Terrorism Technology (QATT) with an additional measure of liability protection. The sellers of QATTs that receive SAFETY Act Certification are entitled to all of the liability protections that accompany SAFETY Act Designation as well as the rebuttable presumption that the government contractor defense applies to claims arising out of, relating to, or resulting from an act of terrorism. At the applicant's request, QATTs that received Certification can be placed on the Approved Technologies list for Homeland Security.
A Certification application may be submitted along with a Designation application or may be submitted after SAFETY Act Designation has been issued. However, a technology may not receive Certification without having first received Designation.
To receive SAFETY Act Certification, the Department must conclude that the technology will perform as intended, conforms to the seller’s specifications, and is safe for use as intended.