SEC. 862. [6 U.S.C. 441] ADMINISTRATION.

(a) In General.--The Secretary shall be responsible for the

administration of this subtitle.

(b) Designation of Qualified Anti-Terrorism Technologies.--

The Secretary may designate anti-terrorism technologies that

qualify for protection under the system of risk management set

forth in this subtitle in accordance with criteria that shall

include, but not be limited to, the following:

(1) Prior United States Government use or

demonstrated substantial utility and effectiveness.

(2) Availability of the technology for immediate

deployment in public and private settings.

(3) Existence of extraordinarily large or

extraordinarily unquantifiable potential third party

liability risk exposure to the Seller or other provider

of such anti-terrorism technology.

(4) Substantial likelihood that such anti-terrorism

technology will not be deployed unless protections

under the system of risk management provided under this

subtitle are extended.

(5) Magnitude of risk exposure to the public if

such anti-terrorism technology is not deployed.

(6) Evaluation of all scientific studies that can

be feasibly conducted in order to assess the capability

of the technology to substantially reduce risks of

harm.

(7) Anti-terrorism technology that would be

effective in facilitating the defense against acts of

terrorism, including technologies that prevent, defeat

or respond to such acts.

(c) Regulations.--The Secretary may issue such regulations,

after notice and comment in accordance with section 553 of

title 5, United States Code, as may be necessary to carry out

this subtitle.

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