Designation and Certification FAQ

What is the SAFETY Act?

In the wake of 911, Congress sought to increase the deployment of security technologies in the private sector, however, the uncertainty surrounding liability questions were a significant impediment to the implementation of life saving security technology.  Subsequently, Congress enacted the Support Anti-Terrorism by Fostering Effective Technologies (SAFETY) Act in 2002.  The SAFETY Act, among other things, provide significant liability limitations to the developers and users of anti-terrorism products and processes,

How did the GTBM, Inc. Info-Force receive SAFETY Act Designation and Certification?

The United States Department of Homeland Security (DHS) oversees and administers the SAFETY Act.  DHS accepts applications for designation from any interested company or corporation and then assembles experts from industry, academia and research institutions to assess each application and to make recommendations to the Under Secretary for Science and Technology.  Once approved as a designated Qualified Anti-Terrorism Technology (QATT) an application for certification may be submitted.  DHS again assembles experts from industry, academia and research institutions to assess the technology based on the specifications, and make recommendations to the Under Secretary for Science and Technology.  After reviewing the expert recommendations, the Under Secretary approved GTBM’s Info-Force products as a “Designated” and “Certified” Approved Anti-Terrorism Technology.

DHS approved GTBM Inc.’s Info-Force suite of products as QATTs worthy of “Designation” and “Certification.”

What is QATT ‘Designation’?

SAFETY Act Designation and Certification means that liability protections exist for re-sellers and end users of GTBM’s Info-Force products in the event of a terrorist attack.

How does ‘Designation’ and ‘Certification’ protect GTBM’s customers?

Designation means that GTBM Inc. is the sole party liable for damages arising from or relating to a terrorist act that are proximately caused by a GTBM Info-Force product.  This protection is granted as an incentive for users who adopt critical infrastructure technology. 

Here’s how the DHS describes Designation:
“When a technology is designated as a Qualified Anti-Terrorism Technology (QATT), the Seller of the QATT is granted limited liability for all claims arising out of the deployment of the QATT with respect to an “act of terrorism”… the Seller becomes the sole entity that can be sued for third party injuries, effectively protecting all other companies and persons in the manufacturing and distribution chains from liability.”
           
Here’s how the DHS describes Certification:
Before issuing a Certification for a technology, the Secretary will conduct a “comprehensive review of the design of such technology and determine whether it performs as intended, Conforms to the Seller’s specifications, and is safe for use as intend.”

How does ‘Designation’ and ‘Certification’ protect GTBM Inc.?

Designation sets pre-determined insurance liability limits for QATT manufacturers such as GTBM, Inc.  In the event that claims arise from or are related to an act of terrorism.  QATT manufacturers are only liable for the predetermined value even if claims exceed the limit.  This means that GTBM will not be under insured in the wake of a terror attack.  Other protections include:

• Exclusive jurisdiction in federal courts for suits, rather than in state courts where such claims are typically addressed;
  
• Complete prohibition against recovery of any punitive damages; and
• A prohibition on non-economic damages unless the plaintiff suffered physical harm.

Safety Act Certification also creates a rebuttable presumption that the Government contractor defense applies.  The Government contractor defense is an affirmative defense that immunizes Sellers from liability for certain claims.
  

Where can I find more Information on the SAFETY Act?

US Department of Homeland Security www.safetyact.gov  for the official text of the law as written and passed by the US Congress.