APSG Certification

Support Anti-terrorism by Fostering Effective Technologies Act of 2002 (SAFETY Act)

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 harms caused by anti-terrorism technologies when no Act of Terrorism has occurred.

The SAFETY Act provides two levels of liability protections to help promote the creation, deployment and use of anti-terrorism technologies: Designation as a Qualified Anti-Terrorism Technology (QATT), Certification and placement on the Approved Product List for Homeland Security

The Hi-Threat product line of APSG has received SAFETY Act Designation.

Designation as a QATT: Designation requires the application of the following criteria to the Technology: (1) prior United States Government use or demonstrated substantial utility and effectiveness; (2) availability of the Technology for immediate deployment; (3) the potential liability of the Seller; (4) the likelihood that the Technology will not be deployed unless SAFETY Act protections are conferred; (5) the risk to the public if the Technology is not deployed; (6) the capability of the Technology as demonstrated by performance in scientific studies; and (7) the effectiveness of the Technology in defending against Acts of Terrorism. Technologies that are Designated have a liability cap for third-party claims in the event of an Act of Terrorism. The seller’s liability for products or services that are deemed “Designated Technologies” is limited to the amount of liability insurance that the Department of Homeland Security determines the seller must maintain.

The American Anti-Ram product line of APSG has received SAFETY Act Certification.
Certification and placement on the Approved Product List for Homeland Security: In addition to meeting the Designation requirements above, the Secretary conducts a comprehensive review of the design of such Technology and determines whether it will perform as intended, conforms to the Seller’s specifications, and is safe for use as intended. The SAFETY Act also provides that the Seller will conduct safety and hazard analyses and supply such information to the Secretary. Technologies that are Certified carry a rebuttable presumption of the applicability of the Government Contractor Defense. In addition to the benefits provided under Designation, Certification allows a seller of an anti-terrorism technology to assert the Government Contractor Defense for claims arising from acts of terrorism. Technologies that receive Certification will be placed on DHS’s Approved Products List for Homeland Security. The Office of SAFETY Act Implementation (OSAI) is required to maintain an Approved Product List for Homeland Security consisting of all Certified Technologies.

Process
The Department of Homeland Security, Office of SAFETY Act Implementation maintains a pool of subject matter experts from the Federal Government, Federally Funded Research and Development Centers, the various National Laboratories, and academia to serve as reviewers within the following categories: detector/sensor, personnel protection, pharmaceutical, information technology, systems engineering and integration, security services, threat assessment, and other areas as necessary.

APSG entered a pre-qualification application for review on June 30th of 2008. The Department of Homeland Security, Office of SAFETY Act Implementation indicated the QATT submitted as “Promising” and, through a teleconference follow-up, suggested moving forward to apply for Designation and Certification of both the Hi-Threat and American Anti-Ram technologies on August 26, 2008.

An extensive application process was undertaken to provide the depth of information required by the Department of Homeland Security, including Department of State test reports of each of our products, risk assessments and company financials. The preparation of the application was complete and submitted for the American Anti Ram products on April 14, 2009 and was awarded Designation and Certification on August 13, 2009. The Hi-Threat technology application was submitted on February 3, 2009 and the award of Designation was attained on May 15, 2009. Both awards are valid through 2014.