Support Anti-Terrorism by Fostering Effective Technologies Act

Support Anti-terrorism by Fostering Effective Technologies Act of 2002
Great Seal of the United States
Other short titles SAFETY Act
Enacted by the 107th United States Congress
Effective November 25, 2002
Citations
Public law Pub.L. 107–296
Statutes at Large 116 Stat. 2135
Codification
Titles amended 6 U.S.C.: Domestic Security
U.S.C. sections created 6 U.S.C. §§ 441–444
U.S.C. sections amended 6 U.S.C. § 101 note
Legislative history

The Support Anti-Terrorism by Fostering Effective Technologies Act of 2002, or SAFETY Act, was enacted as Subtitle G of Title VII of the Homeland Security Act of 2002 (Pub.L. 107–296, 116 Stat. 2135, enacted November 25, 2002).

The Act creates an exclusive federal cause of action for claims against the provider of a "qualified anti-terrorism technology" (QATT) where the QATT was deployed to protect against, in response to, or to recover from an act of terrorism.[1] This cause of action provides limits on recovery that might otherwise be present under a state law cause of action. For instance, punitive damages cannot be recovered.[2] The Act also specifies that QATT providers may invoke a "government contractor defense" in a lawsuit alleging product liability for such technologies following a terrorist attack.[3][4]:255–256 QATT providers are also required to obtain liability insurance,[5] and the extent of liability under the cause of action is limited to the coverage limit of such required liability insurance.[6]

References

  1. ↑ 6 U.S.C. § 442(a)
  2. ↑ 6 U.S.C. § 442(b)(1)
  3. ↑ 6 U.S.C. § 442(d)
  4. ↑ Bergkamp, Lucas; Faure, Michael (2015). "Alternative Systems for Redressing Terrorism-Related Risks". In Bergkamp, Lucas; Faure, Michael; Hinteregger, Monika; Philipsen, Niels. Civil Liability in Europe for Terrorism-Related Risk. Cambridge University Press. pp. 252–282. doi:10.1017/CBO9781316178997.009. ISBN 978-1-107-10044-2 – via Cambridge Books Online. (subscription required (help)).
  5. ↑ 6 U.S.C. § 443(a)(1)
  6. ↑ 6 U.S.C. § 443(c)


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