SAFETY Act protection can apply to things you provide to others, as well as things you buy, use or do for your own facilities to protect people and property including cyber protection. These things do not have to be exclusively dedicated to anti-terrorism, they can have multiple functions.

Examples that have both terrorism and non-terrorism elements include access control systems or procedures, security cameras,  firewall software as well as a vast range of other "technologies", including:

• Products
• Services
• Procedures
• Processes
• Advice
• Technology
• Software
• Network or Cyber protection
• Other forms of intellectual property 

 Technologies approved to date include:

• Threat and vulnerability assessments and services
• Detection and Monitoring Systems
• Blast Mitigation Systems and Materials
• Screening Services
• Sensors and Sensor Integration and Services
• Threatening Object Detectors
• Facility and Infrastructure Security
• Evacuation Plans & Procedures
• Training
  
• Maintenance Services
  
• Decision Support Software
• Security Services
• Cyber and Network Security
• Software Security and Services
• Firewall and Malware Software
• Crisis Management Systems
• Vaccines and other Medications
• Any Related Terror Response and Mitigation Technologies
• Communications Equipment
• Protective Clothing, Devices, Equipment or Gear
• Any other anti-terrorism detection, prevention, response or mitigation products or services including those related to cyber terrorism

A SAFETY Act applicant can be an individual or an entity such as a corporation.  The applicant can be a public, quasi-public or private concern or a combination such as an airport or port authority.  A municipality, county or state is just as eligible under SAFETY Act as a large corporation. SAFETY Act can also apply to a school or university for both its security, warning and evacuation procedures on campus or, to its research in the homeland security arena.  There are no limitations under the law as to who or what can apply.

SAFETY Act protection benefits the approved applicant but actually applies to, and follows the approved "Technology".  As stated above, Technology under the SAFETY Act can be any device, product, technology, software, procedure, advice, service or any combination thereof, that is used for preventing, detecting, identifying or deterring acts of terrorism including cyber terrorism.  It can also apply to products or services that aid in the response to, recovery from, or limit the harm such terrorist acts might cause.

A protected product or service does not have to be new, high-tech, or be dedicated exclusively to terrorism prevention, response, mitigation or recovery.  It can have multiple uses as long as it has an anti-terrorism element or impact. 

Remember the difficulties with radio communications at the World Trade Center on 9/11 - A huge liability exposure stemming from equipment
not specifically designed for, limited to, or new for fighting terrorism.

The applicant does not have to be a US citizen, based in the US or sell to the government to qualify.  In fact, the applicant does not have to sell anything at all to qualify. It can apply to things the applicant does for itself.

The Act's criteria, application, evaluation and approval process apply equally to services and intellectual property, such as software, as they do to "hard" products. The event does not have to cause physical injury or property damage.  A terrorist's breach of a SAFETY Act approved IT systems firewall resulting in financial loss is protected.

SAFETY Act can also apply to multiple technologies working together. In other words, not only can a very specific, single-purpose product such as a metal detector, vaccine, firewall software or radiation detector be protected, SAFETY Act can also apply to a comprehensive terrorism prevention, response and mitigation strategy involving many services, products, procedures and technologies.  This could be multi-faceted solutions at a facility(ies) you own or other facilities for which you are responsible. 

Integration components could include vulnerability assessments, advice, physical protection of assets, including protecting proprietary electronic information, cyber security, firewalls, software, access control as well as facility design, facility construction, security / screening / ID procedures, emergency preparedness, backup, response and recovery services, as well as ongoing training, audit processes or any other services used for preventing, detecting, identifying, mitigating, deterring, responding to or recovering from, an act of terrorism.

The Act's protections can also apply to the overall decision making process involved in selecting, implementing, managing and integrating multiple anti-terrorism products and services including software, physical building design, construction, systems integration, security procedures, training or other services used for preventing, detecting, identifying, deterring, mitigating or responding to an act of terrorism.

SAFETY Act protection can be granted and applied retroactively at the discretion of the Department of Homeland Security (DHS) during the approval process. 

The DHS has interpreted the language in SAFETY Act and confirms that it can be applied to a terrorist event outside the US.  The event must cause harm within the US, including financial harm.  Their discussion in the SAFETY Act's Final Rule is as follows:

The Department does not interpret the language of the Act to impose a geographical restriction for purposes of determining whether an act may be deemed an “Act of Terrorism.”  In other words, the Act is concerned more with where effects of a terrorist act are felt rather than where on a map a particular act may be shown to have occurred.  Accordingly, an act on foreign soil may indeed be deemed an “Act of Terrorism” for purposes of the SAFETY Act provided that it causes harm in the United States. The Department interprets “harm” in this context to include harm to financial interests.  It is certainly possible that terrorist acts occurring outside the United States could be intended to cause, and may result in, devastating financial harm in the United States.

"Were our anti-terrorism products
or prevention decisions correct?"

A pretty tough issue to defend
if an event actually does occur.

Did you:

• Do enough?
• Spend enough?
• Research enough?
• Test and analyze enough? 

Apparently not!

Something had to be:

• Broken
• Inadequate
• In the wrong place or,
• Just plain did not work! -- 

What will the jury think?!

             See our Case Study   

SAFETY Act act can protect you from allegations of negligence in the actual decision-making process when you are determining needs, designing, advising, reviewing, selecting, implementing, managing, updating and integrating anti-terrorism products, technologies and services.

• Free Initial Consultation

• Help Reduce Your Costs

• Detailed SAFETY Act Applicability Evaluation

• Review Overall Terrorism Financial Protection Strategies

• Evaluate Exposures & Provide Cost Effective Solutions

• Provide Summaries & Reports as Needed or Requested
  

• Provide SAFETY Act Broad Overview or Detailed Training
  

• Full SAFETY Act Application Assistance and Support

• Provide Application Status Updates & DHS Feedback
  

• Negotiate with DHS, Lawyers, Brokers and/or Insurers
  

• Evaluate Existing Approvals for Potential Issues or Conflicts

• Review Insurance for Conflicts Compliance, Adequacy and Potential Savings

• Review Contracts for Conflicts Issues and Compliance

• Assist in Upgrading Existing SAFETY Act Approvals

• Help you utilize SAFETY Act to market Products or Services

• Help Create an Overall SAFETY Act Strategy & Plan
  

• Expert Consultation and Business Partnerships

• Consult on Other Terrorism Financial Protection & Solutions
  

By e-Mail:       e-Mail

INFO [at] SAFETYACTCONSULTANTS [dot] com

Online:            Web-form

Phone:       (202) 640-4000

Toll-free:      (877) S ACT HELP 
                           (877)     722  -  8435

Fax:             (202) 407-7054

Mailing Address:

SAFETY ACT CONSULTANTS
P.O. Box 4028
Barrington, IL 60011-4028

 

 

We look forward to assisting you in creating customized solutions critical to your organization and key in helping protect the public.