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SAFETY Act
 
Support Anti-terrorism by Fostering Effective Technologies Act of 2002
Special Announcements
As we approach the 20th anniversary of the 9/11 attacks it is important to re-affirm the foundational principles of the SAFETY Act and its role in providing critical incentives for the development and deployment of effective anti-terrorism offerings. The DHS Science and Technology Directorate (S&T) is committed to providing liability protections to sellers of qualified anti-terrorism technologies in support of the overall DHS mission to safeguard the American people.

In recent months applicants may have experienced delays in the processing of their submissions. In addition to the continued limitations imposed by the ongoing COVID-19 pandemic, the Office of SAFETY Act Implementation (OSAI) is reviewing its current processes and procedures to ensure the most effective execution of the program. As a result, OSAI will be better positioned to support providers of innovative and effective anti-terrorism offerings that reduce risk to the Nation.

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ABOUT US

Homeland Security Subtitle G of Title VIII of the Homeland Security Act of 2002 The Support Anti-terrorism by Fostering Effective Technologies Act of 2002, also known as The SAFETY Act

The SAFETY Act is intended to provide critical incentives for the development and deployment of anti-terrorism technologies by providing liability protections for Sellers of "qualified anti-terrorism technologies."

Our aim is to ensure the possessors of such anti-terrorism technologies are not deterred by the threat of liability from developing and commercializing products and technologies that could save lives in the event of a terrorist attack.

This website is designed to provide users with information about the SAFETY Act and a means to apply for the liability protection specified in the legislation. We strongly urge participants desiring to submit technologies for consideration under the provisions of the SAFETY Act to carefully read all instructions provided on this site, gather all necessary data, then complete the appropriate application form. A review of the FAQ section will also be helpful. Because of the potential for high volumes of supporting data we also urge participants, if able, to submit applications electronically.

Background

As part of the Homeland Security Act of 2002, Public Law 107-296, Congress enacted several liability protections for providers of anti-terrorism technologies. The SAFETY Act provides incentives for the development and deployment of anti-terrorism technologies by creating a system of "risk management" and a system of "litigation management." The purpose of the Act is to ensure that the threat of liability does not deter potential manufacturers or Sellers of anti-terrorism technologies from developing and commercializing technologies that could save lives. The Act creates certain liability limitations for "claims arising out of, relating to, or resulting from an act of terrorism" where qualified anti-terrorism technologies have been deployed.

Scope of Technologies

Homeland Security recognizes that the universe of technologies that can be deployed against terrorism includes far more than physical products. Therefore, the defense of the homeland will require deployment of a broad range of technologies that includes services, software, and other forms of intellectual property. Qualified anti-terrorism technologies have been very broadly defined to include "any qualifying product, equipment, service (including support services), device, or technology (including information technology)" that the Secretary, as an exercise of discretion and judgment, determines to merit designation under the statutory criteria.

Confidentiality and Protection of Intellectual Property

The Secretary, in consultation with the Office of Management and Budget and appropriate Federal law enforcement and intelligence officials, and in a manner consistent with existing protections for sensitive or classified information, shall establish confidentiality protocols for maintenance and use of information submitted to the Department under the SAFETY Act and this Part. Such protocols shall, among other things, ensure that the Department will utilize all appropriate exemptions from the Freedom of Information Act.

 
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