The SAFETY Act (Support Anti-terrorism by Fostering Effective Technologies) is a federal law designed to encourage businesses to develop, implement, and deploy technologies and services that help prevent or mitigate acts of terrorism. In doing so, it offers protections from liability in the event that your business is involved in such an incident. This means that if your business develops, deploys, or provides anti-terrorism technology or services and is certified under the SAFETY Act, you are protected from certain lawsuits that could arise from an act of terrorism.
Your business might not be in the security or emergency response field, but that doesn't mean the SAFETY Act isn’t relevant to you. If you offer products or services like cybersecurity solutions, surveillance systems, or tools that enhance safety and resilience, your business could still qualify for SAFETY Act certification or designation. Many businesses that contribute to public safety—even indirectly—can benefit from the protections and recognition the SAFETY Act offers.
When applying for SAFETY Act protections, it's important to understand the distinction between Designation and Certification—two separate levels of protection that the Department of Homeland Security (DHS) offers to businesses that develop or deploy anti-terrorism technologies and services. Both are valuable, but they serve different purposes and come with different benefits.
Designation is the first level of protection granted under the SAFETY Act. It provides legal liability protections to companies that offer Qualified Anti-Terrorism Technologies (QATTs) in the event that their products or services are involved in a terrorist incident. Designation shields your business from liability claims that may arise as a result of deploying your technology during or in response to an act of terrorism.
Key Benefits of Designation
Liability Limitation: Designation limits your liability in the event of a terrorism-related claim. This protection covers claims that arise from the deployment or use of your QATT.
Exclusive Federal Jurisdiction: Designation also ensures that any legal action related to your technology is brought exclusively in federal court, further limiting your legal exposure.
Insurance Requirements: Under Designation, DHS will establish the maximum liability you can be exposed to and specify the necessary insurance coverage your business must carry.
Designation is essential for businesses that want legal protection while providing anti-terrorism products or services. It proves that your technology meets DHS’s standards for reducing risks and protecting public safety, but it doesn’t address all the technical and performance aspects of the technology.
Certification is the highest level of SAFETY Act protection. If your business achieves Certification, your technology or service is not only designated as a QATT, but it also receives a special recognition as an Approved Product for Homeland Security. Certification requires meeting more stringent standards and includes a review of the technical merit and performance of your technology.
Key Benefits of Certification
Government Contractor Defense: Certification grants your business a powerful legal defense known as the Government Contractor Defense, which essentially means that your product or service is treated as if it were developed and used by the federal government itself. This further limits your liability.
Recognition of Technical Excellence: Certification shows that your technology meets DHS’s highest standards of performance and effectiveness, giving you a significant advantage in the market.
Enhanced Credibility: As a SAFETY Act Certified product, your technology carries the designation of “Approved Product for Homeland Security,” enhancing your credibility with clients, especially those in government and high-risk industries.
Certification goes beyond Designation by proving not only that your technology reduces terrorism risks, but that it has also been thoroughly vetted for technical merit and performance. This level of approval can be especially valuable if you’re working with government contracts or highly regulated industries.
Navigating the DHS SAFETY Act application process can be complex and time-consuming, especially for small businesses with limited resources. While only the Office of SAFETY Act Implementation (OSAI) can issue Designation or Certification, at Freecore, we guide you through the process from start to finish, making sure your application is thorough, organized, and aligned with DHS requirements.
Our Role in the Process
The SAFETY Act application process requires significant effort, knowledge, and attention to detail. While OSAI offers some pre-application consulting, the majority of the work—assembling, publishing, submitting, and responding to Requests for Information (RFI)—is left to the business. This is where we come in.
At Freecore, we offer full-service support, handling the challenging aspects of the application process, so you don’t have to manage it all on your own. Here's how we help:
Assembling the Application: We work closely with you to gather all the necessary documentation, evidence, and data needed to meet the SAFETY Act's stringent requirements. From detailed descriptions of your technology or service to risk assessments and performance records, we ensure that your submission is complete and well-organized.
Publishing and Submitting: The technical requirements for publishing and submitting an application can be overwhelming. We manage the process, ensuring that every element is properly formatted and submitted according to DHS specifications. This reduces the chance of errors or delays, allowing you to focus on running your business while we handle the logistics.
Responding to RFIs (Requests for Information): During the review process, it’s common for OSAI to request additional information to clarify or expand on aspects of your application. Responding promptly and thoroughly to RFIs is crucial for moving your application forward. We handle these rounds of communication, making sure that all requested details are provided accurately and on time.
Supporting Your Team Throughout the Process: We offer ongoing support throughout the application process, working alongside your team to ensure that every part of the application is aligned with SAFETY Act requirements. Whether it’s clarifying technical elements or ensuring that risk assessments are up to date, we provide expert guidance every step of the way.
Managing Expectations
It’s important to note that while we bring our experience and expertise to the process, we cannot guarantee that your business will be awarded Designation or Certification—only OSAI can make that determination. Our role is to streamline the application process and present your business and its technologies in the best possible light, ensuring you have the strongest application possible.
The time, effort, and expertise required to assemble and submit a complete SAFETY Act application can be daunting for many businesses, but with Freecore by your side, you can feel confident that every aspect of your application is handled professionally and efficiently.
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