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Title 6 — Domestic SecurityRelease 119-73

§441 Administration

Title 6 › Chapter CHAPTER 1— - HOMELAND SECURITY ORGANIZATION › Subchapter SUBCHAPTER VIII— - COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS › Part Part G— - Support Anti-Terrorism by Fostering Effective Technologies › § 441

Last updated Apr 6, 2026|Official source

Summary

The Secretary must run and manage this part. The Secretary can pick anti‑terrorism technologies to get protection under the part’s risk‑management system. Decisions must be based on factors like prior U.S. Government use or clear proof they work; immediate availability for public or private use; very large or uncertain liability risk to sellers; a strong chance they won’t be used without these protections; the size of public risk if not used; whether feasible scientific studies support their ability to reduce harm; and whether they help prevent, stop, or respond to terrorist acts. The Secretary may make rules needed to carry out the part, but must follow the notice-and-comment process in section 553 of title 5.

Full Legal Text

Title 6, §441

Domestic Security — Source: USLM XML via OLRC

(a)The Secretary shall be responsible for the administration of this part.
(b)The Secretary may designate anti-terrorism technologies that qualify for protection under the system of risk management set forth in this part in accordance with criteria that shall include, but not be limited to, the following:
(1)Prior United States Government use or demonstrated substantial utility and effectiveness.
(2)Availability of the technology for immediate deployment in public and private settings.
(3)Existence of extraordinarily large or extraordinarily unquantifiable potential third party liability risk exposure to the Seller or other provider of such anti-terrorism technology.
(4)Substantial likelihood that such anti-terrorism technology will not be deployed unless protections under the system of risk management provided under this part are extended.
(5)Magnitude of risk exposure to the public if such anti-terrorism technology is not deployed.
(6)Evaluation of all scientific studies that can be feasibly conducted in order to assess the capability of the technology to substantially reduce risks of harm.
(7)Anti-terrorism technology that would be effective in facilitating the defense against acts of terrorism, including technologies that prevent, defeat or respond to such acts.
(c)The Secretary may issue such regulations, after notice and comment in accordance with section 553 of title 5, as may be necessary to carry out this part.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

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For

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of this part as the “Support Anti-terrorism by Fostering Effective Technologies Act of 2002” or the “SAFETY Act”, see section 861 of Pub. L. 107–296, set out as a

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note under section 101 of this title.

Reference

Citations & Metadata

Citation

6 U.S.C. § 441

Title 6 — Domestic Security

Last Updated

Apr 6, 2026

Release point: 119-73