Why the SAFETY Act Exists

After 9/11, innovators, manufacturers, and service providers told Congress a hard truth: they were afraid to bring new security technologies to market. The risk of catastrophic lawsuits—if something went wrong, even once—was simply too high. Insurance was either unavailable or astronomically expensive. Promising tools sat on shelves because no company wanted to gamble its entire future on a single terrorist incident.

Congress responded with the SAFETY Act. The law’s core promise is simple:
If you build qualified anti-terrorism technology and DHS certifies or designates it, you are protected from ruinous third-party liability claims arising from an act of terrorism.

The Two Levels of Protection

SAFETY Act Designation
The foundational level. Once granted, it provides:

  • A rebuttable presumption that the technology is effective
  • Exclusive federal jurisdiction (state-law claims are largely preempted)
  • Limitation of liability to the amount of SAFETY Act-approved insurance (no joint-and-several liability)
  • Prohibition on punitive damages
  • Reduction of non-economic damages under federal caps

SAFETY Act Certification (the “Gold Standard”)
The highest level of protection, reserved for technologies DHS deems exceptionally effective and worthy of widespread deployment. Certification adds:

  • A complete government contractor defense—claims are dismissed unless fraud or willful misconduct is proven
  • Immunity from punitive damages in nearly all circumstances
  • Strong government endorsement that carries weight with insurers, investors, and customers

Both Designation and Certification are granted only after rigorous technical, operational, and economic review by the DHS Office of SAFETY Act Implementation (OSAI).

What Qualifies as “Qualified Anti-Terrorism Technology” (QATT)?

Almost anything that saves lives or protects critical infrastructure from terrorism can be eligible. Examples include:

  • Explosive detection systems
  • Cybersecurity solutions for critical infrastructure
  • Biometric identification platforms
  • Chemical, biological, radiological, and nuclear (CBRN) detectors
  • Security services (screening, guarding, training)
  • Crisis management software and emergency response tools
  • Stadium and venue protection systems
  • Cargo and supply-chain security technologies
  • First-responder equipment and protocols

Even insurance policies themselves can receive SAFETY Act coverage when written specifically for terrorism risk.