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Homeland Security 5 Year Anniversary 2003 - 2008, One Team, One Mission Securing the Homeland

Safety Act Regulations Submitted for 30-Day Public Comment Periods

Release Date: 07/11/03 00:00:00

For Immediate Release
Office of the Press Secretary
July 11, 2003

The Department of Homeland Security (DHS) announced today that  regulations implementing the Support Anti-Terrorism by Fostering Effective Technologies Act of 2002 ("SAFETY Act") have been submitted to the Federal Register for a 30-day public comment period.  The SAFETY Act is designed to encourage the development and rapid deployment of life-saving anti-terrorism technologies by providing manufacturers or sellers with limited liability risks. The Department expects to begin accepting applications for SAFETY Act protections on September 1, 2003.

Under the proposed language, the Act provides a number of benefits to both companies and the American public. Companies investing in the development and deployment of qualified anti-terrorism technologies will be provided with unique protections that will minimize their risks should they be sued in connection with a terrorist attack.  Without the Act, many companies may not invest in potential life-saving technologies to protect Americans.  

The Secretary of Homeland Security has been given the authority to determine whether an anti-terrorism technology is considered qualified through two mechanisms designed to limit liability:   "designation" and "approval."  For a company's anti-terrorism technology to receive a "designation", they must be evaluated against a list of specific criteria. To obtain an "approval" the technology must also meet additional specifications requiring that the technology performs as intended, conforms to the seller's specifications, and is safe for use as intended.

Once this designation/approval is established, companies utilizing SAFETY Act protections will have their cases heard in federal court versus state court venues.  In addition, the protections create a "government contractor defense" in cases where it would not otherwise exist.

The SAFETY Act provides a critical framework for encouraging both the entrepreneur and the established manufacturer to develop and deploy the technologies necessary to protect America from terrorist attacks.  

For more information about the Department of Homeland Security, visit www.dhs.gov.

This page was last reviewed/modified on 07/11/03 00:00:00.