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SAFETY Act
 
Support Anti-terrorism by Fostering Effective Technologies Act of 2002
Special Announcements
Due to the impact on the operations of the Federal Government by COVID-19, the Office of SAFETY Act Implementation (OSAI) is open for business but we will be operating remotely via telework until further notice. The best methods to contact us will be via email:OSAI@HQ.DHS.GOV ;or via our designated call-in line: 202-254-8637 or 1-866-788-9318. Please keep in mind that we are experiencing an historically high level of applications and program activity. Due to the surge of workload and our requirement to telework for the foreseeable future, our response may take some more time than usual. We are open for business and are doing our best to maintain your application timelines. We are not able to conduct in-person meetings or site visits at this present time. We are aware that many of you may be working on submitting applications for renewal. Please contact us if you have any questions. Regarding the Best Practices for Anti-Terrorism Security (BPATS): OSAI is offering virtual BPATS training sessions for commercial facilities. If you are interested in participating in the course, please send an email to OSAI@hq.dhs.gov ;or visit https://bpatsassessmenttool.nibs.org/ ;for more information about the BPATS tool.

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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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