What is the SAFETY Act? Following the 1993 World Trade Center
bombing, the courts upheld a decision against the Port Authority of New York and New Jersey, the landlord for the World Trade Center, which placed a majority of the blame for the terrorist attack on the Port Authority. The case found the Port Authority 65% liable for the damages that occurred as a result of the bombing, while the terrorists that committed the crimes were only assessed 35% of the liability. The case against the Port Authority took twelve years to resolve and cost millions of dollars in legal fees and punitive payments. It was just recently reintroduced to the U.S. Supreme Court in 2012 and may not be over. This jaw-dropping legal situation placed an extraordinarily large amount of liability and pressure on an organization that was otherwise a victim. Similar lawsuits popped up by the dozens following the September 11th, 2001 attacks.  Fearing that companies would remove themselves from the security and homeland security market, Congress created the SAFETY Act, a little known, but an exceptionally valuable
element of the 2002 Homeland Security Act (Public Law 107-296). The “Support
Anti-Terrorism by Fostering Effective Technologies (SAFETY)” Act offers
liability protection to entities that could possibly be terrorist targets. While an act of terrorism may take much from
an organization and leave lasting scars, the claims and litigation that may follow
could be the things that truly destroy the organization. The SAFETY Act’s purpose is to ensure that the
threat of potential liability suits does not limit or deter the development and
implementation of products, services, systems, procedures, and advice that
could prevent or mitigate a terrorist attack. The use of “technologies” in the Act's name merely refers to the deployment of any innovative solution meant to
mitigate a terrorist attack and is not limited to equipment. The Act provides
unprecedented immunities, liability protections, caps and other incentives for
approved entities that develop and employ innovative and tested “technologies” (equipment, systems,
protocols, plans, advice and services) to prevent, deter, mitigate, respond to
or recover from a terrorism event. The Act's protection can apply to a physical
attack on persons or property or to acts of cyber-terrorism that cause physical
and/or financial harm.  Types of Liability Protection SAFETY Act Designation - If approved, an organization will receive liability protections in the form of a numerical cap, set by DHS, which limits the potential exposure the organization could face should its anti-terrorism solution be defeated in the face of an act of terrorism. SAFETY Act Certification - If approved, an
organization will receive complete immunity from the same kind of liability. The CPARS Solution! A program with such tremendous benefits is not easy to obtain.
Organizations with only the most progressive, tested, and proven policies,
procedures, equipment, and programs achieve SAFETY Act designation or
certification. CPARS has a rare understanding of the SAFETY Act, a unique mix
of experienced consultants (including individuals that have helped their
organizations receive SAFETY Act "designation" or "certification"), and an
expertise in the multitude of mitigation measures for which a client may want
to pursue "designation" or "certification." CPARS helps position its clients to achieve SAFETY Act "designation" or "certification" by teaming with them as they build and institutionalize
advanced anti-terrorism mitigation measures. Our practicing professionals offer cutting
edge, end-to-end solutions that are in line with the most advanced terrorism mitigation
trends, principles, tools, and standards.
We understand the challenges and opportunities that our clients face in
mitigating these threats and pride ourselves on being the practical and
efficient solution. We partner with our clients to develop a customized scope
of work that achieves objectives while remaining cost effective. Some of the areas related to SAFETY Act designation/certification in
which CPARS specializes, include:
| Benefits of SAFETY Act "Designation" or "Certification" 
Organizations that Benefit the Most (and have the most to lose) Organizations that have the most to gain from receiving SAFETY Act “designation” or “certification” are those that may lure the interests of possible terrorist groups or individuals (domestic, international, insider threat), including:
 While CPARS Consulting can help our clients strengthen their programs
to be positioned for SAFETY Act designation or certification, we are pleased to
partner with Washington, DC based Aluma to provide our clients with
support during every step of the SAFETY Act application process. Once again, the incredible benefits offered by
the SAFETY Act do not come easily; and the application and DHS review process is
no exception. Although it is a fair
process, it is very comprehensive and requires the utmost attention to detail
for specific items that DHS expects. A
simple error, omission, or miscommunication can easily mean the difference
between millions of dollars of liability protections. Aluma is led by the former Deputy Director of the U.S. DHS SAFETY Act Office, Akmal Ali, who along with his team, has the
technical background, legal expertise, and federal and industry know-how to
help clients get their applications approved while the client focuses on their
business. Communication and coordination between CPARS and Aluma is
seamless. The CPARS team provides input
to Aluma for the development of the client’s application and
Aluma provides feedback to CPARS on actions to improve the client’s
chances of receiving designation or certification. Our experience and expertise
in our respective areas provides the perfect complement and an unmatched, one
stop, end-to-end solution for any client’s SAFETY Act ambitions. For more information on our teammate, Aluma, please visit: |
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