Title 6 — Domestic SecurityRelease 119-73not60

§443 Risk Management

Title 6 › Chapter 1— HOMELAND SECURITY ORGANIZATION › Subchapter VIII— COORDINATION WITH NON-FEDERAL ENTITIES; INSPECTOR GENERAL; UNITED STATES SECRET SERVICE; COAST GUARD; GENERAL PROVISIONS › Part G— Support Anti-Terrorism by Fostering Effective Technologies › § 443

Last updated Apr 3, 2026|Official source

Summary

Anyone who sells or provides a qualified anti-terrorism technology to federal or non-federal government customers must carry liability insurance, approved by the Secretary, to cover third-party claims if the technology is used during an act of terrorism. The seller does not have to buy more insurance than the maximum reasonably available from private markets worldwide at prices and terms that will not unfairly change the product’s sale price. The insurance must also cover related parties involved in making, selling, using, or operating the technology, like contractors, suppliers, vendors, and customers. The seller must sign mutual waivers with those parties so each one agrees to cover its own losses, including business interruption and employee losses, caused when the technology is used in response to an act of terrorism. Regardless of other laws, total liability for such claims against the seller cannot exceed the required insurance limits, including compensatory or punitive damages and claims for contribution or indemnity.

Full Legal Text

Title 6, §443

Domestic Security — Source: USLM XML via OLRC

(a)(1)Any person or entity that sells or otherwise provides a qualified anti-terrorism technology to Federal and non-Federal Government customers (“Seller”) shall obtain liability insurance of such types and in such amounts as shall be required in accordance with this section and certified by the Secretary to satisfy otherwise compensable third-party claims arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism technologies have been deployed in defense against or response or recovery from such act.

(2)For the total claims related to 1 such act of terrorism, the Seller is not required to obtain liability insurance of more than the maximum amount of liability insurance reasonably available from private sources on the world market at prices and terms that will not unreasonably distort the sales price of Seller’s anti-terrorism technologies.

(3)Liability insurance obtained pursuant to this subsection shall, in addition to the Seller, protect the following, to the extent of their potential liability for involvement in the manufacture, qualification, sale, use, or operation of qualified anti-terrorism technologies deployed in defense against or response or recovery from an act of terrorism:

(A)Contractors, subcontractors, suppliers, vendors and customers of the Seller.

(B)Contractors, subcontractors, suppliers, and vendors of the customer.

(4)Such liability insurance under this section shall provide coverage against third party claims arising out of, relating to, or resulting from the sale or use of anti-terrorism technologies.

(b)The Seller shall enter into a reciprocal waiver of claims with its contractors, subcontractors, suppliers, vendors and customers, and contractors and subcontractors of the customers, involved in the manufacture, sale, use or operation of qualified anti-terrorism technologies, under which each party to the waiver agrees to be responsible for losses, including business interruption losses, that it sustains, or for losses sustained by its own employees resulting from an activity resulting from an act of terrorism when qualified anti-terrorism technologies have been deployed in defense against or response or recovery from such act.

(c)Notwithstanding any other provision of law, liability for all claims against a Seller arising out of, relating to, or resulting from an act of terrorism when qualified anti-terrorism technologies have been deployed in defense against or response or recovery from such act and such claims result or may result in loss to the Seller, whether for compensatory or punitive damages or for contribution or indemnity, shall not be in an amount greater than the limits of liability insurance coverage required to be maintained by the Seller under this section.

Reference

Citations & Metadata

Citation

6 U.S.C. § 443

Title 6 — Domestic Security

Last Updated

Apr 3, 2026

Release point: 119-73not60