[Code of Federal Regulations]
[Title 6, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 6CFR25.2]

[Page 102-104]
 
                       TITLE 6--HOMELAND SECURITY
 
   CHAPTER I--DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY
 
PART 25_REGULATIONS TO SUPPORT ANTI-TERRORISM BY FOSTERING EFFECTIVE
 
Sec.  25.2  Definitions.

    Act of Terrorism--The term ``Act of Terrorism'' means any act 
determined to have met the following requirements or such other 
requirements as defined and specified by the Secretary:
    (1) Is unlawful;
    (2) Causes harm, including financial harm, to a person, property, or 
entity, in the United States, or in the case of a domestic United States 
air carrier or a United States-flag vessel (or a vessel based 
principally in the United States on which United States income tax is 
paid and whose insurance coverage is subject to regulation in the United 
States), in or outside the United States; and
    (3) Uses or attempts to use instrumentalities, weapons or other 
methods designed or intended to cause mass destruction, injury or other 
loss to citizens or institutions of the United States.
    Certification--The term ``Certification'' means (unless the context 
requires otherwise) the certification issued pursuant to section 25.9 
that a Qualified Anti-Terrorism Technology for which a Designation has 
been issued will perform as intended, conforms to the Seller's 
specifications, and is safe for use as intended.
    Contractor--The term ``contractor'' means any person, firm, or other 
entity with whom or with which a Seller has a contract or contractual 
arrangement relating to the manufacture, sale, use, or operation of 
anti-terrorism Technology for which a Designation is issued (regardless 
of whether such contract is entered into before or after the issuance of 
such Designation), including, without limitation, an independent 
laboratory or other entity engaged in testing or verifying the safety, 
utility, performance, or effectiveness of such Technology, or the 
conformity of such Technology to the Seller's specifications.
    Designation--The term ``Designation'' means the designation of a 
Qualified Anti-Terrorism Technology under the SAFETY Act issued by the 
Under Secretary under authority delegated to the Under Secretary by the 
Secretary of Homeland Security.
    Loss--The term ``loss'' means death, bodily injury, or loss of or 
damage to property, including business interruption loss (which is a 
component of loss of or damage to property).

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    Noneconomic damages--The term ``noneconomic damages'' means damages 
for losses for physical and emotional pain, suffering, inconvenience, 
physical impairment, mental anguish, disfigurement, loss of enjoyment of 
life, loss of society and companionship, loss of consortium, hedonic 
damages, injury to reputation, and any other nonpecuniary losses.
    Office of SAFETY Act Implementation--The term ``Office of SAFETY Act 
Implementation'' or ``OSAI'' means the office within the Department of 
Homeland Security's Directorate of Science and Technology that assists 
with the implementation of the SAFETY Act. The responsibilities of the 
Office of SAFETY Act Implementation may include, without limitation, 
preparing the SAFETY Act Application Kit, receiving and facilitating the 
evaluation of applications, managing the SAFETY Act Web site and 
otherwise providing the public with information regarding the SAFETY Act 
and the application process.
    Physical harm--The term ``physical harm'' as used in the Act and 
this part means any physical injury to the body, including an injury 
that caused, either temporarily or permanently, partial or total 
physical disability, incapacity or disfigurement. In no event shall 
physical harm include mental pain, anguish, or suffering, or fear of 
injury.
    Qualified Anti-Terrorism Technology or QATT--The term ``'Qualified 
Anti-Terrorism Technology'' or ``QATT'' means any Technology (including 
information technology) designed, developed, modified, procured, or sold 
for the purpose of preventing, detecting, identifying, or deterring acts 
of terrorism or limiting the harm such acts might otherwise cause, for 
which a Designation has been issued pursuant to this part.
    SAFETY Act or Act--The term ``SAFETY Act'' or ``Act'' means the 
Support Anti-terrorism by Fostering Effective Technologies Act of 2002, 
sections 441-444 of title 6, United States Code.
    SAFETY Act Application Kit --The term ``SAFETY Act Application Kit'' 
means the Application Kit containing the instructions and forms 
necessary to apply for Designation or Certification. The SAFETY Act 
Application Kit shall be published at http://www.safetyact.gov or made 
available in hard copy upon written request to: Directorate of Science 
and Technology, SAFETY Act/room 4320, Department of Homeland Security, 
Washington, DC 20528.
    SAFETY Act Confidential Information--Any and all information and 
data voluntarily submitted to the Department under this part (including 
Applications, Pre-Applications, other forms, supporting documents and 
other materials relating to any of the foregoing, and responses to 
requests for additional information), including, but not limited to, 
inventions, devices, Technology, know-how, designs, copyrighted 
information, trade secrets, confidential business information, analyses, 
test and evaluation results, manuals, videotapes, contracts, letters, 
facsimile transmissions, electronic mail and other correspondence, 
financial information and projections, actuarial calculations, liability 
estimates, insurance quotations, and business and marketing plans. 
Notwithstanding the foregoing, ``SAFETY Act Confidential Information'' 
shall not include any information or data that is in the public domain 
or becomes part of the public domain by any means other than the 
violation of this section.
    Secretary--The term ``Secretary'' means the Secretary of Homeland 
Security as established by section 102 of the Homeland Security Act of 
2002.
    Seller--The term ``Seller'' means any person, firm, or other entity 
that sells or otherwise provides Qualified Anti-Terrorism Technology to 
any customer(s) and to whom or to which (as appropriate) a Designation 
and/or Certification has been issued under this Part (unless the context 
requires otherwise).
    Technology--The term ``Technology'' means any product, equipment, 
service (including support services), device, or technology (including 
information technology) or any combination of the foregoing. Design 
services, consulting services, engineering services, software 
development services, software integration services, threat assessments, 
vulnerability studies, and other analyses relevant to homeland security

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may be deemed a Technology under this part.
    Under Secretary--The term ``Under Secretary'' means the Under 
Secretary for Science and Technology of the Department of Homeland 
Security.