FAQs




Pursuant to the SAFETY Act, an Act of Terrorism is: ACT OF TERRORISM- (A) The term "act of terrorism" means any act that the Secretary determines meets the requirements under subparagraph (b) of the Act, as such requirements are further defined and specified by the Secretary. REQUIREMENTS- (B) An act meets the requirements of this subparagraph if the act- (i) is unlawful; (ii) causes harm to a person, property, or entity in the United States, or in the case of a domestic United States air carrier or a United States-flag vessel (or a vessel based principally in the United States on which the United States income tax is paid and whose insurance coverage is subject to regulation in the United States), in or outside the United States; and (iii) uses or attempts to use instrumentalities, weapons or other methods designed or intended to cause mass destruction, injury, or other loss to citizens or institutions of the United States.

No limitation exists on how long an application can remain in a "Draft" status. Your application will, however, be changed to "Inactive" after 150 days from the last day you save it as a "Draft." You can prevent your "Draft" application from becoming inactive either by opening it and resaving it or by contacting the SAFETY Act Help Desk (email: SAFETYActHelpDesk@HQ.DHS.gov or call 1-866-788-9318). Either action will reset the 150-day window.

Typically, the operational data submitted with a Designation application is inclusive of representative operational metrics (e.g., for a detector, probability of detection, limits of detection, false alarm rates, etc.) in a realistic environment (e.g., if the sensor is designed to operate outside, has it been tested outside?) Alternatively, for service-oriented technologies, results from previous deployments and/or a demonstrated, repeatable core process could be used to support a Designation application. If you are uncertain as to the type of application to file, consider filing a pre-application to obtain guidance from Office of SAFETY Act Implementation staff.

Please make sure your file name is exactly "ATTDetails". Valid file extensions are .doc, .docx, and .pdf. Other file types are not supported. If you are still unable to upload the document, or you are using a Macintosh computer, please contact the SAFETY Act Help Desk (email: SAFETYActHelpDesk@HQ.DHS.gov or call 1-866-788-9318).

The Office of SAFETY Act Implementation (OSAI) does not maintain a library of studies. OSAI evaluates the material the Seller submits in its application. If the Seller is aware of relevant studies, they should be included in the application. If the Seller is not aware of any studies, that fact should be noted on the application. The absence of studies is not, by itself, a determining factor in the granting of SAFETY Act protections. However, you are still required to produce evidence relating to the efficacy of your Technology.

In this circumstance, you are typically required to file a Notice of Modification. These submissions typically include information supporting the effectiveness of the modification or new component of your Technology. However, because circumstances may vary, please contact the SAFETY Act Help Desk (email: SAFETYActHelpDesk@HQ.DHS.gov or call 1-866-788-9318).

No limitation exists on how long an application can remain in a "Draft" status. Your application will, however, be changed to "Inactive" after 150 days from the last day you save it as a "Draft." You can prevent your "Draft" application from becoming inactive either by opening it and resaving it or by contacting the SAFETY Act Help Desk (email: SAFETYActhelpdesk@HQ.DHS.gov or call 1-866-788-9318). Either action will reset the 150-day window.

In this circumstance, you are typically required to file a Notice of License and supply a copy of the licensing agreement. However, because circumstances may vary, please contact the SAFETY Act Help Desk (email: SAFETYActHelpDesk@HQ.DHS.gov or call 1-866-788-9318).

Yes. If the Seller fails to certify that they have obtained and maintained the required insurance, the Under Secretary for Science and Technology may terminate the Seller's Designation and/or Certification. A Seller may also lose SAFETY Act protections if the Seller significantly modifies or changes the Qualified Anti-terrorism Technology (QATT) and fails to notify the Department or fails to follow directions the Department may issue after receiving the notification. If a Technology is significantly changed or modified, a Seller must submit a Notice of Modification to the Department of Homeland Security describing the changes to the Technology. After reviewing the Notice of Modification, the Department of Homeland Security can, among other options, approve the modifications and issue amended protections; or inform the Seller that the changes or modifications are outside the scope of the Seller's SAFETY Act protections and require that the Qualified Anti-terrorism Technology be brought back into conformance with the Seller's SAFETY Act protections. If the Seller fails to bring the QATT back into conformance, the Seller may not be able to successfully utilize the SAFETY Act protections in litigation.

In certain circumstances, applicants that apply for Designation might be awarded a Developmental Testing and Evaluation Designation (DTED). However, additional requirements may be associated with the DTED, such as submittal of a formalized test plan and a proposed test location to the Office of SAFETY Act Implementation. Thus, an Applicant may be required to resubmit a formal DTED application.

Yes. In determining whether a particular technology is eligible for a Designation, the Department of Homeland Security (DHS) may take into account evidence that the technology is substantially equivalent to a previously Designated Technology and should be considered as equivalent to other similar Designated Technologies (predicate Technology). DHS may also consider whether your Technology has the intended use as the predicate Technology or whether it has the same or substantially similar technical characteristics as the predicate Technology.

In some instances, you might be using a SAFETY Act-protected COTS product, in which case aspects of COTS function and maintenance may be covered. Alternatively, your Technology could include only the selection of COTS components (requiring you to demonstrate selection policies to the Office of SAFETY Act Implementation). This question is best answered on a case-by-case basis.

Typically, the Office of SAFETY Act Implementation will review your application and determine if it is complete within 30 days of receipt. In most instances, you can expect to have a final decision within 120 days, if your application is complete upon initial filing. You may request an expedited review by filling out item D.2 of the Designation application form. The decision to grant an expedited review will be made by the Director, Office of SAFETY Act Implementation.

The Department of Homeland Security, Office of SAFETY Act Implementation (DHS/OSAI) will contact you to confirm and clarify various aspects of your application. Depending on the complexity of the issues, this contact can range from an email through the Help Desk to a face-to-face meeting. The most common situation is a letter from DHS/OSAI followed by a telephone conversation to discuss the issues raised in the letter. A formal hearing is not provided. Decisions are made on the basis of the contents of the application record.

No. The SAFETY Act authorizes the Secretary of Homeland Security to set the amount of insurance coverage that Sellers of Qualified Anti-Terrorism Technologies are required to maintain, and it limits liability for all claims arising out of, relating to, or resulting from an act of terrorism when a QATT is deployed to an amount not greater than the limits of the liability insurance. The SAFETY Act also protects other entities in the supply and distribution chains. This liability limitation is distinct from indemnification, which involves defending against claims brought against others and satisfying any resulting liability.

As a result of the confidential and proprietary nature of information included in a SAFETY Act application, it is not possible to make a completed example available to the public. Also, each technology is unique, and the range of relevant technologies is extremely broad and varied. Therefore, provision of a sample application would be of limited value to prospective applicants.

Yes. DHS has established a streamlined process for the CCSF Renewal Applications. In brief, you need to supply a copy of the TSA Certification as a Certified Cargo Screening Facility for each facility for which you wish to renew the SAFETY Act coverage, and updated insurance and financial information. Please see "TSA-CCSF Request for Renewal" in the Reference Materials section.

The application process is fully electronic. The Application Kit, Help Desk, and all official correspondence before, during, and after an evaluation can be accessed through the SAFETY Act Web site at www.safetyact.gov. You are encouraged to upload all supporting documents as electronic attachments. One exception is the SAFETY Act Web site is NOT authorized to process classified information. If you have documents that are classified but vital to your Technology, please contact the SAFETY Act Help Desk (email: SAFETYActHelpDesk@HQ.DHS.gov or call 1-866-788-9318) to facilitate the exchange of classified information.

Yes. No prohibition exists on the inclusion of factual and true statements regarding the SAFETY Act review process, acquisition of SAFETY Act protections, and the benefits to the Sellers and users of SAFETY Act technologies. A SAFETY Act Mark will be provided to you following receipt of protections and satisfactory completion of a Terms of Use Agreement.

Three unsuccessful attempts to access the SAFETY Act Web site will result in a locked account. To unlock the account, contact the SAFETY Act Help Desk (email: SAFETYActHelpDesk@HQ.DHS.gov or call 1-866-788-9318).