About Us

What is the SAFETY Act?

The Support Anti-terrorism by Fostering Effective Technologies Act of 2002 (SAFETY Act) was enacted as Title VIII, Subtitle G of the Homeland Security Act of 2002 and codified at 6 United States Code (U.S.C.) 441-444.

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 of Homeland Security, as an exercise of discretion and judgment, determines to merit designation under the statutory criteria.

Confidentiality and Protection of Intellectual Property

As required by statute, DHS has established confidentiality protocols for maintenance and use of information submitted to the Department under the SAFETY Act and regulation. These protocols, among other things, ensure that the Department will utilize all appropriate exemptions from the Freedom of Information Act. Please also see Confidentiality of Information.