6 U.S. Code § 441 - Administration
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(b) Designation of qualified anti-terrorism technologiesThe Secretary may designate anti-terrorism technologies that qualify for protection under the system of risk management set forth in this part in accordance with criteria that shall include, but not be limited to, the following:
Prior United States Government use or demonstrated substantial utility and effectiveness.
Existence of extraordinarily large or extraordinarily unquantifiable potential third party liability risk exposure to the Seller or other provider of such anti-terrorism technology.
Substantial likelihood that such anti-terrorism technology will not be deployed unless protections under the system of risk management provided under this part are extended.
Magnitude of risk exposure to the public if such anti-terrorism technology is not deployed.
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.
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