---
kind: "section"
citation: "6 U.S.C. § 443"
title: "6"
title_heading: "Domestic Security"
number: "443"
heading: "Risk management"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/6/443"
units:
  - "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. Risk management

- (a) **In general—**
  - (1) **Liability insurance required—** Any person or [entity](/usc/6/301c.md?p=2) that sells or otherwise provides a [qualified anti-terrorism technology](/usc/6/444.md?p=1) to Federal and [non-Federal Government customers](/usc/6/444.md?p=6) (“Seller”) shall obtain [liability insurance](/usc/6/444.md?p=4-A) of such types and in such amounts as shall be required in accordance with this section and certified by the [Secretary](/usc/6/101.md?p=16) to satisfy otherwise compensable third-party claims arising out of, relating to, or resulting from an [act of terrorism](/usc/6/444.md?p=2-A) when [qualified anti-terrorism technologies](/usc/6/444.md?p=1) have been deployed in defense against or response or recovery from such act.
  - (2) **Maximum amount—** For the total claims related to 1 such [act of terrorism](/usc/6/444.md?p=2-A), the Seller is not required to obtain [liability insurance](/usc/6/444.md?p=4-A) of more than the maximum amount of [liability insurance](/usc/6/444.md?p=4-A) 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](/usc/6/101.md?p=18) technologies.
  - (3) **Scope of coverage—** [Liability insurance](/usc/6/444.md?p=4-A) 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](/usc/6/444.md?p=1) deployed in defense against or response or recovery from an [act of terrorism](/usc/6/444.md?p=2-A):
    - (A) Contractors, subcontractors, suppliers, vendors and customers of the Seller.
    - (B) Contractors, subcontractors, suppliers, and vendors of the customer.
  - (4) **Third party claims—** Such [liability insurance](/usc/6/444.md?p=4-A) 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](/usc/6/101.md?p=18) technologies.
- (b) **Reciprocal waiver of claims—** 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](/usc/6/444.md?p=1), under which each party to the waiver agrees to be responsible for [losses](/usc/6/444.md?p=5), including business interruption [losses](/usc/6/444.md?p=5), that it sustains, or for [losses](/usc/6/444.md?p=5) sustained by its own employees resulting from an activity resulting from an [act of terrorism](/usc/6/444.md?p=2-A) when [qualified anti-terrorism technologies](/usc/6/444.md?p=1) have been deployed in defense against or response or recovery from such act.
- (c) **Extent of liability—** 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](/usc/6/444.md?p=2-A) when [qualified anti-terrorism technologies](/usc/6/444.md?p=1) have been deployed in defense against or response or recovery from such act and such claims result or may result in [loss](/usc/6/444.md?p=5) 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](/usc/6/444.md?p=4-A) coverage required to be maintained by the Seller under this section.

## Source credit

(Pub. L. 107–296, title VIII, § 864, Nov. 25, 2002, 116 Stat. 2240.)