TITLE 6 - HOMELAND SECURITY

CHAPTER I - DEPARTMENT OF HOMELAND SECURITY, OFFICE OF THE SECRETARY

PART 25 - REGULATIONS TO SUPPORT ANTI - TERRORISM BY FOSTERING EFFECTIVE TECHNOLOGIES

25.7 - Procedures for certification of approved products for homeland security.

  (a) Application procedure. A Seller seeking certification of anti-terrorism technology as an Approved Product for Homeland Security under 25.6 (a Certification) shall submit information supporting such request to the Assistant Secretary. The Under Secretary shall make application forms available at http://www.dhs.gov, and copies may also be obtained by mail by sending a request to: Directorate of Science and Technology, SAFETY Act/room 4320, Department of Homeland Security, Washington, DC 20528. An application for a certification may not be filed unless the Seller has also filed an application for designation of qualified anti-terrorism technology for the same technology. The two applications may be filed simultaneously and may be reviewed simultaneously.

  (b) Initial notification. Within 30 days after receipt of an Application for a Certification, the Assistant Secretary or his or her designee shall notify the applicant in writing that: (1) The Application is complete and will be reviewed, or (2) That the Application is incomplete, in which case the missing or incomplete parts will be specified.

  (c) Review process. The Assistant Secretary or his or her designee will review each complete Application for a Certification and any included supporting materials. In performing this function, the Assistant Secretary or his or her designee may, but is not required to: (1) Request additional information from the Seller; (2) Meet with representatives of the Seller; (3) Consult with, and rely upon the expertise of, any other Federal or nonfederal entity; and (4) Perform or seek studies or analyses of the technology.

  (d) Recommendation of the Assistant Secretary. (1) Within 90 days after receipt of a complete Application for a Certification, the Assistant Secretary shall make one of the following recommendations to the Under Secretary regarding such Application: (i) That the Application be approved and a Certification be issued to the Seller; (ii) That the Seller be notified that the technology is potentially eligible for a Certification, but that additional specified information is needed before a decision may be reached; or (iii) That the Application be denied.

  (2) The Assistant Secretary may extend the time period beyond 90 days upon notice to the Seller; the Assistant Secretary is not required to provide a reason or cause for such extension.

  (e) Action by the Under Secretary. (1) Within 30 days after receiving a recommendation from the Assistant Secretary pursuant to paragraph (d) of this section, the Under Secretary shall take one of the following actions: (i) Approve the Application and issue an appropriate Certification to the Seller; (ii) Notify the Seller in writing that the technology is potentially eligible for a Certification, but that additional specified information is needed before a decision may be reached; or (iii) Deny the Application, and notify the Seller in writing of such decision.

  (2) The Under Secretary may extend the time period beyond 30 days upon notice to the Seller, and the Under Secretary is not required to provide a reason or cause for such extension. The Under Secretary's decision shall be final and not subject to review, except at the discretion of the Under Secretary.

  (f) Designation is a pre-condition. The Under Secretary may approve an application for a certification only if the Under Secretary has also approved an application for a designation for the same technology under section 25.3.

  (g) Content and term of certification; renewal. A Certification shall specify the technology, the Seller(s) of the technology, and the earliest date of sale of the technology to which the Certification shall apply (which shall be determined by the Under Secretary in his or her discretion, and may be prior to, but shall not be later than, the effective date of the Certification). The Certification may also include such other specifications as the Under Secretary may deem to be appropriate, including, but not limited to, specific applications of the technology, materials or processes required to be used in producing or using the technology, restrictions on transfer or licensing, and training and instructions required to be provided to persons involved in the deployment of the technology. A certification shall be valid and effective for the same period of time for which the related Designation is issued, and shall terminate upon the termination of such related Designation. The Seller may apply for renewal of the Certification in connection with an application for renewal of the related Designation.

An application for renewal must be made using the Application for Certification of an Approved Product for Homeland Security form issued by the Under Secretary.

  (h) Application of Certification to licensees. Any certification shall apply to any other person or entity to which the Seller licenses (exclusively or nonexclusively) the right to manufacture and sell the technology, in the same manner and to the same extent that such certification applies to the Seller, effective as of the date of commencement of the license, provided that the Seller notifies the Under Secretary of such license by submitting, within 30 days after such date of commencement, a Notice of License of Approved Anti-terrorism Technology form issued by the Under Secretary. The Under Secretary shall make this form available at http://www.dhs.gov and by mail upon request sent to: Directorate of Science and Technology, SAFETY Act/room 4320, Department of Homeland Security, Washington, DC 20528. Such notification shall not be required for any licensee listed as a Seller on the applicable Certification.

  (i) Transfer of Certification. In the event of any permitted transfer and assignment of a Designation, any related Certification for the same anti-terrorism technology shall automatically be deemed to be transferred and assigned to the same transferee to which such Designation is transferred and assigned. The transferred Certification will continue to apply to the transferor with respect to all transactions and occurrences that occurred through the time at which such transfer and assignment of the Certification became effective.

  (j) Issuance of Certificate; Approved Product List. For anti-terrorism technology reviewed and approved by the Under Secretary and for which a Certification is issued, the Under Secretary shall issue a certificate of conformance to the Seller and place the anti-terrorism technology on an Approved Product List for Homeland Security, which shall be published by the Department of Homeland Security.