Q: What is the SAFETY Act?

A: As part of the Homeland Security Act of 2002, Public Law 107-296, Congress enacted several levels of liability protection for providers of anti-terrorism technologies. The SAFETY Act ("the 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, commercializing, and deploying technologies that could significantly reduce the risks or mitigate the effects of large-scale terrorist events. Thus, 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. The Act does not limit liability for harms caused by anti-terrorism technologies when no Act of Terrorism has occurred.

Q: What is the benefit of the SAFETY Act for my Technology?

A: The SAFETY Act creates a system of risk and litigation management designed to ensure that the threat of liability in the event of an Act of Terrorism does not deter potential manufacturers or sellers of anti-terrorism technologies from developing, commercializing, and deploying technologies that could save lives.

Q: How does the SAFETY Act define an "Act of Terrorism"?

A: 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.

Q: What types of technology can I submit for SAFETY Act approval?

A: Any qualifying product, equipment, service (including support services), device, or technology (including information technology) designed, developed, modified, or procured for the specific purpose of preventing, detecting, identifying, or deterring acts of terrorism or limiting the harm such acts might otherwise cause.

Q: What are the levels of protection the SAFETY Act offers?

A: There are two levels of protection available under the SAFETY Act. They are:

I. Designation as a QATT: A technology must demonstrated effectiveness during operational testing or through prior use. Designation provides a liability cap as well as exclusive action in Federal court, no joint and severable liability for non-economic damages, and no punitive damages or prejudgment interest. An applicant is required by the SAFETY Act to obtain liability insurance in the amount of the specified liability cap certified by the Secretary. A full Designation normally lasts for 5 years, after which time it can be renewed. Any technology deployed during its period of Designation is protected for the lifetime of its deployment. If a technology shows promise but is not sufficiently mature to receive a full Designation, a Developmental Testing & Evaluation (DT&E) Designation is available to provide protection during further testing or trial deployment in order to collect the additional efficacy data necessary for a full Designation. A DT&E Designation provides similar liability protections as that provided by a full Designation but with certain limitations and constraints. In general, DT&E Designations will include limitations on the use and deployment of the subject technology, remain terminable at-will by the Department should any concerns regarding the safety of technology come to light, and will have a limited term not to exceed a reasonable period for testing or evaluating the technology (presumptively not longer than 36 months). Further, the SAFETY Act liability protections associated with DT&E Designations will apply only to acts that occur during the period set forth in the particular DT&E Designation.

II. Certification as a QATT: In addition to the benefits provided under Designation, Certification allows a seller of antiterrorism technology to assert the Government Contractor Defense that immunizes Sellers from liability for claims arising from acts of terrorism. Technologies that receive Certification will be also placed on an Approved Products List for Homeland Security.