Applying for SAFETY Act Protection

The SAFETY Act requires that an application be filed with, reviewed and specifically qualified by the DHS' Office of SAFETY Act Implementation or "OSAI". 

Once qualified, the SAFETY Act automatically confers its broad liability protections to the applicant, now deemed the "Seller".  The SAFETY Act uses the term "Seller" throughout its wording regardless if the Seller is actually selling anything. The Seller is actually the SAFETY Act applicant once their products or services are approved by the DHS.

The DHS approved Seller is the direct beneficiary of the applicable SAFETY Act benefits and liability protections.

Again, SAFETY Act uses the term "Seller" to represent the applicant once approved.  The Seller does NOT have to actually sell things or be a manufacturer, to apply and qualify under this law.

Confidential Information

The SAFETY Act's Regulation deems that all material is treated as confidential. This includes any information and data submitted to the DHS as part of the approval process including applications, pre-applications, forms, supporting documents, data and all other materials relating to the process as well as any responses to requests for additional information.

DO NOT SEND ANY CONFIDENTIAL INFORMATION
UNTIL REQUESTED TO DO SO BY THE DHS.

How does the DHS protect your information?:

• Strong data protection measures that conform to DHS information security standards
• All application reviewers are screened for conflicts of interests
• Signed conflict of interest statements for each application the reviewers see
• Signed general nondisclosure agreements

It is important to note however that:

• Laws regarding the disclosure, or mandating protection of information submitted to the federal government generally contain exclusions, limitations or exceptions.
• The Freedom of Information Act provides specific exceptions for certain proprietary information submitted to Federal agencies.

Pre-Application Process

• Provided by the DHS at no cost (as is the rest of the SAFETY Act program)
• Opportunity for a teleconference or face-to-face meeting with key staff members from the SAFETY Act office
• “Short” application form
• Receive a preliminary assessment and opinion on your eligibility before completing a highly detailed application
• Obtain DHS guidance for completing the applications needed
• Allows the opportunity to ask the DHS questions directly
• Saves time and creates a positive working relationship with the people looking at you application 

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Full Application

The full application will need to be completed and submitted to the DHS.  There is only one application form that may not “fit” all the possible products or services that can be covered under SAFETY Act.

It is important to use someone familiar with the process when completing the applications. There is no “appeal process” is your application is denied.  You will have to re-apply so getting it right the first time will save time and money.

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Completeness

After DHS receives your application they will perform a Completeness Check. You will receive an email notification when this phase is complete.  If DHS determines your application to be complete, but they require more information in order to perform a full evaluation, you will be asked to submit a response based on the DHS’ Request for Information or “RFI.”

If your application is determined to be Incomplete you will receive specifics in your email notification and will have the opportunity to update and resubmit your application. 

If the application is deemed complete, the DHS’ final decision must be given within 120 days from the first date of filing the application.

During the evaluation process, OSAI may require more information about your technology before making a final decision. 

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Technical Information Required for Review 

In very broad terms, what does the DHS look for in terms of effectiveness in a product or service to be included in the SAFETY Act application?

• Highly detailed description of the product or service
• Detail on how it is deployed
• Successful testing in the intended operational environment
• Operational / deployment testing results
• Evidence of successful performance
• Maintenance and/or Training standards, frequency etc.
• Suitable performance of past deployments (if any) documented
• Appropriate domain expertise  demonstrated
• Internal and/or external audits favorable
• Customer feedback favorable
• Quality Assurance plans documented
• Repeatability of performance proven
   

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Required Insurance

The SAFETY Act is not a government insurance or indemnification program. The Act specifically requires the applicant to maintain insurance that provides coverage for third party claims arising out of an act of terrorism whenever the approved products or services are deployed. If you have been granted Designation or Designation & Certification, you will be asked to submit Insurance Information.

Unique requirements in SAFETY Act make it imperative you understand the insurance related impact on both new and existing insurance programs. Coverages MUST BE carefully placed and dovetailed to maximize protection under the Act
and your insurance.  See our Insurance Information Section

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  Final Approval

  Once the application is approved, the DHS will issue a written SAFETY Act “certification letter” to the applicant for the Qualified Anti-Terror Technology or “QATT”. 

  This SAFETY Act certificate letter contains:

  • The technical / specific description of the QATT
  • The expiration of the Designation and/or Certification
  • The scope of approved deployment and/or use
  • Whether prior deployments of the QATT are covered
  • Other conditions or requirements specific to that applicant or QATT including the insurance requirements

   

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  This is a web user guide and overview from 
  the DHS on the application process. 
  

   Click on it to open
  

   

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Our Core Services:

• Free Initial Consultation

• Help Reduce Your Costs

• Detailed SAFETY Act Explanation and Education

• Evaluate SAFETY Act Applicabilty to Your Specific Exposures

• Review and Evaluate Your Overall Terrorism Liability Exposures and Mitigation Strategies

• Provide Highly Cost Effective Solutions

• Provide Reports and Updates as Requested

• Full SAFETY Act Application Support

• Provide Updates & DHS Feedback

• Negotiate with the DHS, Lawyers, Brokers and/or Insurers as Needed

• Evaluate Existing SAFETY Act Approvals for Issues and Conflicts

• Review Insurance Program for Conflicts, Compliance, Adequacy and Potential Cost of Risk Savings

• Review Contracts and Agreements for Conflicts, Issues, Compliance and Modifications Needed

• Assist in Upgrading Any Existing SAFETY Act Approvals

• Help You Use SAFETY Act to Better Market Approved Products and/or Services

• Help Create an Overall SAFETY Act Strategy Plan for You, Your Customers, Suppliers, and Vendors

• Provide Expert Advice, Consultation and Access to Our Key Business Partners as Needed or Requested

• Consult on Other Related Terrorism Financial Protection Strategies and Solutions

By e-Mail:

    info [at] SAFETYACTCONSULTANTS dot com

Our online web-form:   Web-form

Phone:     (202) 640-4000

Toll-free:  (855) SAFETY ACT  or:                                (877) S ACT HELP 

Fax:           (202) 407-7054

Mailing Address:

SAFETY ACT CONSULTANTS
P.O. Box 1666
Brookfield, WI  53008-1666

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

We will help you:

Protect Your Organization from enterprise threatening liability that will follow a terrorist event alleged to involve your organization's facilities or products in any way

Protect your bottom line from suits stemming from the use, manufacture, distribution, provision or deployment of anti-terrorism or terrorism response or mitigation related products, advice, aid, procedures, technologies or other services

Save Money on both new and existing insurance programs, the ongoing cost of risk as well as the overall SAFETY Act process

Increase Your Revenue by using SAFETY Act approval to help market your products, advice, facilities, technologies or services including cyber or network related

Thoroughly understand the SAFETY Act as well as the regulations that implement it

Thoroughly understand the SAFETY Act application process

Evaluate the Act's benefit to your organization, insurance,  products, suppliers, vendors and customers

Determine if SAFETY Act
protection can apply to a given product, facility, technology, procedure and/or service

Describe and review the Act with your risk management, legal, upper management, finance, engineering, and marketing groups as needed 

Evaluate the time demands, costs and difficulty of the application process for your unique exposures

Manage the entire application process through completion

Evaluate insurance programs for adequacy in coverage, limits, protecting your liability cap savings, insurer and SAFETY Act compliance

Evaluate contracts and other agreements for conflicts, issues adequacy as well as insurer and SAFETY Act compliance

Provide options for minimizing cost of insurance and risk while maximizing coverages

Arrange for outside experts as appropriate for your specific needs including experts in technical, legal, insurance and political affairs as well as physical and financial asset, business income and supply chain protection

Monitor the SAFETY Act status of your suppliers, vendors, subcontractors and customers

Negotiate with the DHS, insurance brokers, insurers and/or lawyers if potential problems, conflicts, limitations, potential savings or enhancement possibilities exist

Create a standardized process to coordinate and manage all SAFETY Act related activities for existing, planned or future exposures as well as third party approvals (i.e. your vendors)

Post approval support including any changes in your insurance, the insurance market, insurance costs; changes in your approved products or services; periodic review of compliance and other services you deem necessary

Advise on other terrorism related financial protection strategies including contractual protection review, FARs, Public Law 85-804, Government Contractor Defense - "Boyle", captive utilization and/or formation, conventional and non-conventional terrorism insurance coverages, TRIA applicability and access, etc.