DT&E Designation
- For technology still in testing or trial deployment
- Term typically capped near 36 months
- Liability protection during evaluation
- Bridges to full Designation as data accrues
Service — Liability & Risk Management
Turn Anti-Terrorism Performance Into Federal Liability Protection
DHS SAFETY Act Designation & Certification
HSCG prepares and advocates SAFETY Act applications for sellers of Qualified Anti-Terrorism Technologies — products, services, and software designed to detect, deter, respond to, or mitigate an act of terrorism. Led by the program's own former DHS Technical Evaluation Lead.
3 TiersDT&E · Designation · Certification
5 YrsTypical protection term, renewable
2007Since our founder led DHS's technical review
Product Sellers
Detection, screening, and access-control hardware deployed at critical infrastructure.
Service Providers
Consulting protocols, guidelines, and certification programs — not just hardware.
Software & Cyber
Software and managed services that detect or mitigate cyber-enabled terrorism.
Venues & Stadiums
Large venues implementing league-level or independently developed security programs.
Government Contractors
Sellers pursuing federal work where SAFETY Act coverage strengthens the bid.
Grounded In Federal Law
A Liability Shield Built Into 6 U.S.C. §§ 441–444
Congress passed the SAFETY Act as part of the Homeland Security Act of 2002 so the threat of ruinous litigation would never stop an effective anti-terrorism technology from reaching the market. DHS calls it a system of “risk management” and “litigation management,” administered by the Office of SAFETY Act Implementation (OSAI). Visit SAFETYAct.gov →
Once DHS grants Designation or Certification, claims arising from a declared act of terrorism move to federal court only, get capped at a set insurance level, and lose punitive damages and prejudgment interest. Certification goes further, letting sellers assert the Government Contractor Defense and placing the technology on DHS's Approved Products List for Homeland Security.
§441
Statutory Basis
1
Federal Court, Sole Defendant
0
Punitive Damages
100%
Chain Protected From Suit
Levels Of Protection
Stage 1
Stage 2
Stage 3
Three Tiers, One Ladder
Designation is a prerequisite for Certification. Most clients enter where their technology's track record allows and grow into deeper protection as evidence accumulates.
Designation
- For technology with demonstrated, repeatable effectiveness
- Liability capped at a DHS-set insurance level
- Exclusive federal cause of action
- No punitive damages or prejudgment interest
- Typically a five-year term, renewable
Certification
- Everything in Designation, plus:
- Presumption of the Government Contractor Defense
- Listed on the Approved Products List for Homeland Security
- DHS's highest confidence tier
How HSCG Works
From Technical File To A Finished Application
Assess
We review your technology against SAFETY Act criteria and flag the strongest path — DT&E, Designation, or Certification.
Build The Record
We assemble the technical, operational, and insurance documentation OSAI's reviewers expect to see.
Submit & Advocate
We register you with OSAI, file the application, and represent your interests through DHS's review.
Maintain
We track your insurance certifications and renewal term so protection never lapses unnoticed.
What Clients Say
Trusted With Ongoing Security Programs
“Washington Hebrew Congregation has successfully worked with David McWhorter for the past five years on enhancing our security policies and preparedness. As a high-profile organization in the nation's capital, his involvement has brought a high level of expertise and professionalism to our initiatives.”
Washington Hebrew Congregation Washington, D.C.
“I have had the pleasure to work with Dave over the last several years. He's one of the best idea guys I know, and matches the big picture well, with exceptional abilities to understand and decipher complex technical issues.”
Industry Partner
FAQ
Common Questions On SAFETY Act Protection
It can. Protection extends to qualifying acts of terrorism that occur on non-U.S. soil, provided they cause harm within the United States — including financial harm from an act of cyber-terrorism.
No. DHS has extended protection to venues, stadiums, sports franchises, and professional certification programs — any organization exposed to terrorism-related liability can be a candidate.
A full Designation or Certification typically runs five years and must be renewed with DHS each subsequent term. DT&E Designations are shorter, generally capped near 36 months.
Yes. Designation is a prerequisite for Certification. Most clients start at whichever tier their track record supports and step up as operational evidence accumulates.
We assess eligibility, assemble the technical and insurance documentation OSAI expects, register and file on your behalf, and stay engaged through review — so your team stays focused on the technology, not the paperwork.
