ntractor defense applies in such lawsuit. This
presumption shall only be overcome by evidence showing
that the Seller acted fraudulently or with willful
misconduct in submitting information to the Secretary
during the course of the Secretary's consideration of
such technology under this subsection. This presumption
of the government contractor defense shall apply
regardless of whether the claim against the Seller
arises from a sale of the product to Federal Government
or non-Federal Government customers.
(2) Exclusive responsibility.--The Secretary will
be exclusively responsible for the review and approval
of anti-terrorism technology for purposes of
establishing a government contractor defense in any
product liability lawsuit for claims arising out of,
relating to, or resulting from an act of terrorism when
qualified anti-terrorism technologies approved by the
Secretary, as provided in this paragraph and paragraph
(3), have been deployed in defense against or response
or recovery from such act and such claims result or may
result in loss to the Seller. Upon the Seller's
submission to the Secretary for approval of anti-
terrorism technology, the Secretary will conduct a
comprehensive review of the design of such technology
and determine whether it will perform as intended,
conforms to the Seller's specifications, and is safe
for use as intended. The Seller will conduct safety and
hazard analyses on such technology and will supply the
Secretary with all such information.
(3) Certificate.--For anti-terrorism technology
reviewed and approved by the Secretary, the Secretary
will issue a certificate of conformance to the Seller
and place the anti-terrorism technology on an Approved
Product List for Homeland Security.
(e) Exclusion.--Nothing in this section shall in any way
limit the ability of any person to seek any form of recovery
from any person, government, or other entity that--
(1) attempts to commit, knowingly participates in,
aids and abets, or commits any act of terrorism, or any
criminal act related to or resulting from such act of
terrorism; or
(2) participates in a conspiracy to commit any