The Support Anti-Terrorism by Fostering Effective Technologies Act of 2002 (the SAFETY Act) was enacted in the wake of the September 11 attacks. Its purpose is to encourage the development and deployment of anti-terrorism technologies by limiting liability for companies that provide such solutions. Before the SAFETY Act, private-sector hesitation to adopt security measures stemmed from fear of massive litigation if those measures failed during an attack. By creating a federal cause of action and capping liability at the level of required insurance, the SAFETY Act ensures that liability concerns do not deter innovation in technologies that can save lives.

There are two levels of liability protection under the SAFETY Act:

1. A “Designation,” which limits liability to the amount of insurance mandated by the Department of Homeland Security (DHS); and
2. A “Certification,” which adds the “government contractor” defense (i.e., immunity from state tort liability) for claims arising from acts of terrorism.

These protections apply to a broad range of Qualified Anti-Terrorism Technologies (QATTs), including physical products, software, and security services. The Office of SAFETY Act Implementation within DHS evaluates applications to ensure technologies meet stringent criteria for effectiveness and safety. Since its inception, the program has approved various technologies, from venue-security systems to cyber-defense tools, reflecting its evolving scope and importance in national security.

The availability of the protections under the SAFETY Act hinges on a determination by the Secretary of Homeland Security that a given incident constitutes an “act of terrorism,” as defined in the law. This means that holding status under the SAFETY Act alone does not guarantee that the protections will apply.

One notable application of the SAFETY Act is in the context of air-cargo security. Under the Certified Cargo Screening Program (CCSP) administered by the Transportation Security Administration (TSA), Certified Cargo Screening Facilities (CCSFs) screen cargo before it reaches airports using TSA-approved methods such as X-rays, explosive detection systems, and canine teams. DHS may designate these screening measures as QATTs, granting CCSFs liability protections under the SAFETY Act. This status incentivizes compliance with rigorous TSA standards—covering chain of custody, personnel vetting, and secure handling—while reducing legal exposure for companies operating in this high-risk environment. For shippers and logistics providers, partnering with SAFETY Act-covered CCSFs not only enhances security but can also help mitigate liability in the event of a terrorist act.

CCSFs are encouraged to explore obtaining status under the SAFETY Act. The Scopelitis Air Cargo Team is available to answer your questions and assist in that process.