Special Announcements
Route 91 Harvest Festival Mass Shooting Incident - October 1, 2017 : According to recent court filings, entities involved in litigation relating to the Route 91 Harvest Festival mass shooting incident have cited the Support Anti-terrorism by Fostering Effective Technologies Act of 2002, 6 U.S.C. §§ 441-444 (the “SAFETY Act”). The SAFETY Act provides liability protections relating to the deployment of “qualified anti-terrorism technologies” in defense against, response to, or recovery from an “act of terrorism.” Pursuant to 6 U.S.C. § 444(2), the Secretary of Homeland Security possesses the authority to determine whether an act was an “act of terrorism” for purposes of the SAFETY Act. To date, the Secretary of Homeland Security has not made any such determination regarding the Route 91 Harvest Festival mass shooting incident. The matter is currently under review within the Department of Homeland Security.

 
 

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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.

Mission of the Office of Public-Private Partnership (PPP)

The Office of Public-Private Partnerships (PPP) is uniquely situated within the Science and Technology Directorate (S&T) to bring the Directorate's resources to bear for the benefit of private sector institutions. It is focused on developing and implementing programs that identify, evaluate, and commercialize technologies into products or services that meet the requirements of the Department of Homeland Security's stakeholders. PPP comprises the Commercialization Office , Small Business Innovation Research (SBIR) Program, Support Anti-Terrorism by Fostering Effective Technologies (SAFETY) Act Office and the Long-Range Broad Agency Announcement (BAA) Office.
 
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