35 SAFETY ACT BLOCK DESIGNATION NOTICE.pdf

Attachment E

SAFETY ACT BLOCK DESIGNATION NOTICE

BLOCK DESIGNATION NOTICE

The Department of Homeland Security (the “Department”) (DHS) has completed its review of Transportation Security Administration’s (TSA) Screening Partnership Program (SPP) as a Block, pursuant to the Support Anti-terrorism by Fostering Effective Technologies Act of 2002, 6 U.S.C. §§ 441– 444 (the “SAFETY Act”), and the Regulations Implementing the Support Anti-terrorism by Fostering Effective Technologies Act of 2002, 6 C.F.R. Part 25, 71 Fed. Reg. 33147, 33159 (June 8, 2006) (the “Regulations”). Pursuant to Section 25.3 of the Regulations, the Secretary of DHS (“the Secretary”) has delegated 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 444(2) of the SAFETY Act, to the "Under Secretary for Science and Technology of DHS or the Under Secretary's designees."

In accordance with Sections 25.4(b) and 25.6(h) of the Regulations, I determined that SPP participants affirmatively satisfy the criteria for a SAFETY Act Block Designation and are therefore eligible to apply for inclusion in this Block Designation. A determination of inclusion will be made by the Department in accordance with Section 25.6(h) of the Regulations, following an expedited review of the application, subject to the terms and conditions below.

TERMS AND CONDITIONS

• Block Designation for SPP Participants. TSA SPP participants deploy Technologies that have relevance to the Department’s anti-terrorism mission and may apply for this Block Designation. This Block Designation is based on program requirements set forth by TSA.

• Timeline for Expedited Review. Pursuant to a complete application, the Office of SAFETY Act Implementation (“OSAI”) expects to process complete applications related to this Block Designation Notice within ninety (90) days of receipt. This will allow for a complete review of an Applicant’s insurance and financial information.

• Application Requirements.

o OSAI will coordinate with the SPP Office to verify the names of applicants under the Block Designation.

o Applicants under this Block Designation Notice will be required to submit a Block Designation Application via the SAFETY Act Website

(http://www.safetyact.gov).

o Pursuant to Section 443(a) of the SAFETY Act and Sections 25.5(a) and (g) of the Regulations, Selected Vendors as defined in Section 25.6(g) of the SAFETY Act Regulations shall obtain or maintain liability insurance for otherwise compensable third-party claims arising out of, relating to, or resulting from an Act of Terrorism when the Technology has been deployed in defense against, response to, or recovery from such an act. To establish such a limit, the Applicant will submit answers to Items BD.11 and BD.12 in the Block Designation Application.

http://www.safetyact.gov/

Attachment E o Applicants wishing to apply for Certification should contact OSAI for additional requirements.

• Term of this Block Designation Notice. This Block Designation Notice (BD-17) will expire on July 31, 2025. The expiration of this Notice is independent from, and will have no effect on, the term of any preexisting Designation received by applicants under the Block.

• Other Conditions.

o This Block Designation may be reviewed and modified at any time by the Department.

Note: Please refer to specific SPP instructions posted on http://www.safetyact.gov for further guidance on filing an application pursuant to this Block Designation Notice.

Any questions regarding this Block Designation Notice should be directed to the SAFETY Act Help Desk by e-mail at safetyacthelpdesk@hq.dhs.gov or by phone at 1-866-788-9318. Please reference “Screening Partnership Program Block Designation Notice” in all correspondence.

http://www.safetyact.gov/