Commonly Asked Questions About the SAFETY Act

  1. What is the purpose of the SAFETY Act?
    The SAFETY Act, enacted as part of the Homeland Security Act of 2002, aims to encourage the development and deployment of anti-terrorism technologies by providing liability protections to manufacturers and sellers. This reduces the risk of lawsuits that might otherwise deter innovation in technologies designed to prevent, detect, or mitigate terrorist acts, including cyber threats.
  2. Who administers the SAFETY Act program?
    The program is managed by the Office of SAFETY Act Implementation (OSAI) within the Department of Homeland Security’s (DHS) Science and Technology Directorate. The Under Secretary for Science and Technology serves as the deciding official for applications.
  3. What types of technologies qualify for SAFETY Act protections?
    Qualified Anti-Terrorism Technologies (QATTs) include a broad range of products, services, and systems—such as physical barriers, cybersecurity programs, detection equipment, training protocols, and even guidelines or certification programs—that are intended to prevent, detect, identify, deter, or limit harm from acts of terrorism. Financial harm from cyber-terrorism is also covered under the definition of “harm.”
  4. What are the different levels of SAFETY Act approval?
    There are three main levels: (1) Developmental Testing and Evaluation (DT&E) Designation, a temporary status (up to 3 years) for technologies in testing; (2) Designation, which provides limited liability protection by capping claims at insurance levels; and (3) Certification, the highest level, which presumes the Government Contractor Defense applies, potentially eliminating third-party liability for acts of terrorism (requires prior Designation).
  5. How long do SAFETY Act approvals last, and can they be renewed?
    Designations and Certifications typically last 5 years, while DT&E Designations last up to 3 years. Renewals can begin up to 24 months before expiration, requiring a new application demonstrating continued effectiveness and compliance.
  6. What liability protections does a SAFETY Act Designation provide?
    It limits third-party claims arising from an “Act of Terrorism” (as declared by the DHS Secretary) to the seller’s insurance coverage amount, determined by DHS. It also offers other benefits like streamlined litigation processes, but does not exempt sellers from non-terrorism-related claims or other federal regulations (e.g., EPA rules for pesticides).
  7. What additional benefits come with SAFETY Act Certification?
    Beyond Designation protections, Certification creates a rebuttable presumption that the Government Contractor Defense applies, which can lead to dismissal of claims without trial if the technology performed as intended and was safe. This is particularly valuable for high-risk deployments in public or critical infrastructure settings.
  8. Is there a pre-application process, and is it required?
    No, it’s not required, but DHS offers optional Pre-Application Consultations to guide applicants on eligibility, application types, and required data. This helps avoid incomplete submissions and is especially useful for complex technologies needing operational testing.
  9. How does the SAFETY Act apply to services like security plans or training programs?
    Yes, it covers non-traditional “technologies” such as security protocols, risk management programs, employee training, and certification processes (e.g., ASIS guidelines). These must still meet the eight effectiveness criteria, and protections extend to both public and private sector users, including employers of certified personnel.
  10. Does the SAFETY Act require technologies to undergo independent testing?
    No formal testing is mandated by the Act, but DHS evaluates applications based on eight criteria, including prior testing data, operational history, and risk assessments. For DT&E Designation, actual deployment testing may be needed, and applicants should provide evidence of efficacy against terrorism risks.

For a complete list of FAQs from SafetyAct.gov, click here.