The Department of Homeland Security (DHS; Washington, D.C.; www.dhs.gov) announced a new series of Safety Act (Support-Anti-terrorism by Fostering Effective Technology) marks that may be placed on marketing materials by authorized companies to identify qualified anti-terrorism technologies.
The new marks identify the three categories of Safety Act protections:
- Certification – For products or services that have received Safety Act Certification, in addition to the benefits provided under the designation, the seller may assert the Government Contractor Defense for claims arising from acts of terrorism.
- Designation – For products or services that have received Safety Act Designation, the seller’s liability is limited to the amount of liability insurance that DHS determines the seller must maintain.
- Developmental Testing and Evaluation Design – Safety Act Designation may be obtained for promising anti-terrorism products or services that are undergoing operational testing and evaluation.
The DHS Science and Technology Directorate (S&T) will grant authorization to a qualifying company to use the Safety Act Developmental Testing and Evaluation Design and Safety Act Certified trademarks in connection with any marketing materials or discussion of a potential product. Terms of use for the marks are contained in a usage agreement, signed by a company officer.
The usage agreement and new marks will be provided for new approved applications beginning in April 2012. Previously approved technologies should begin receiving the usage agreement and new marks as early as May 2012.
The Safety Act, enacted by Congress in 2002, was designed to ensure the threat of liability would not discourage technology manufacturers or sellers from mass producing or commercializing products that have the potential to save lives in the event of a terrorist attack. The Safety Act creates liability limitations for “claims arising out of, relating to or resulting from an act of terrorism” where qualified anti-terrorism technologies have been deployed.