Concurrent with the creation of the Department of Homeland Security, Congress passed new laws providing the DHS with the ability and authority to assess, prevent and respond to terrorism. One law, the Support Anti-Terrorism by Fostering Effective Technologies Act of 2002, also known as the Safety Act, provided a mere outline of the powers granted to the DHS, leaving it to the DHS to enact regulations for the implementation of the law. 6 U.S.C.A. �� 441-444 (Supp. 2006).

The DHS adopted the final rule for the Safety Act effective July 10, 2006. In so doing, it created some of the broadest product liability protections ever legislatively enacted. See Regulations to Support Anti-Terrorism by Fostering Effective Technologies, 71 Fed. Reg. 33,147 (2006) (to be codified at 6 C.F.R. pt. 25).