Subcommittee on Environment and the Economy Passes H.R. 908

On May 4, 2011, the House Energy and Commerce Committee’s Subcommittee on Environment and the Economy passed H.R. 908, the Full Implementation of the Chemical Facility Anti-Terrorism Standards Act of 2011, by a voice vote.

The legislation would extend the Chemical Facility Anti-Terrorism Standards, in its current form, through September 30, 2017. The bill now moves to the full Committee for consideration.

DHS Introduces the National Terrorism Advisory System (NTAS)

This week the Department of Homeland Security (DHS) introduced the National Terrorism Advisory System (NTAS), replacing the color-coded Homeland Security Advisory System. Among other things, NTAS simplifies the alert process and provides more precise threat and intelligence information.

There are two categories of NTAS Alerts: the Imminent Threat Alert “[w]arns of a credible, specific, and impending terrorist threat against the United States” while the Elevated Threat Alert “[w]arns of a credible terrorist threat against the United States.” Regardless of the type, DHS will communicate them broadly (including through social media such as Facebook and Twitter). NTAS Alerts automatically expire after a prescribed time (unless extended by DHS).

For additional information on NTAS, see DHS’s National Terrorism Advisory System Public Guide.

ISCD Updates CVI Webpage

This week, the Infrastructure Security Compliance Division (ISCD) updated its Chemical-Terrorism Vulnerability Information (CVI) webpage to include a reference to the Executive Order signed by President Obama last year regarding Controlled Unclassified Information (CUI). The CUI Program will standardize the way the Executive Branch manages sensitive unclassified information that requires safeguarding or dissemination controls.

The updated webpage states that the National Archives and Records Administration (NARA), the agency designated to oversee implementation of CUI, has acknowledged the success of the CVI Program and has stated its intention to approve CVI as a category of CUI. However, DHS has indicated that the CUI markings should not be implemented until appropriate policies have been developed and training provided, and CVI Authorized Users should continue to use existing CVI markings until notified otherwise.

Coast Guard Releases and Seeks Comment on PAC 01-11, “Voluntary Use of TWIC Readers”

On March 15, 2011, the Coast Guard published a notice in the Federal Register announcing the release of and seeking comment on Policy Advisory Council Decision 01-11, “Voluntary Use of TWIC Readers.” PAC 01-11 “…provides guidance for using the Transportation Security Identification Credential (TWIC) readers as part of a Vessel Security Plan or Facility Security Plan.” Interested parties may submit comments by May 16, 2011 at http://www.regulations.gov.

House CFATS Extension Bill Introduced

Today, Peter King (R-NY), Chairman of the House Committee on Homeland Security and six other Members of the Committee joined Dan Lungren (R-CA), to introduce a bill that would extend the Department of Homeland Security’s (DHS’s) Chemical Facility Anti-Terrorism Standards (CFATS) program for seven years.

The House bill would extend CFATS in its current form, and unlike the Senate bill introduced earlier this week, would not include any additional provisions for voluntary public-private training and assistance programs.

Senate CFATS Extension Bill Introduced

A bipartisan group of senators introduced new legislation this week that would extend the Department of Homeland Security’s (DHS’s) Chemical Facility Anti-Terrorism Standards (CFATS) program for three years. In addition to the three year extension, the bill includes provisions for:

• The creation of a voluntary technical assistance program that would allow DHS to provide recommendations or assistance to covered facilities to aid in compliance with the CFATS program;
• The development of voluntary exercise and training programs to improve collaboration with the private sector and State and local communities under the CFATS program; and
• The creation of a chemical facility best practices clearinghouse and private sector advisory board at DHS to aid in the implementation of CFATS and the voluntary technical assistance program.

House Committee on Homeland Security Chemical Facility Security Hearing

On February 11, 2011, the House Committee on Homeland Security held its first hearing on chemical security for 2011, entitled “Preventing Chemical Terrorism: Building A Foundation of Security At Our Nation’s Chemical Facilities.” Department of Homeland Security Under Secretary Rand Biers provided an update on the CFATS implementation process:

• Over 39,000 Top-Screens reviewed;
• Over 7,000 preliminary high-risk designations;
• Over 6,200 Security Vulnerability Assessments reviewed;
• Currently 4,755 covered facilities;
• Currently 4,094 final high-risk designations;
• Over 4,000 Site Security Plans (and Alternate Security Plans) submitted;
• 175 Pre-Authorization Inspections completed; and
• 65 Administrative Orders issued.

Other witnesses testifying at the hearing included:

• Mr. Timothy J. Scott, Chief Security Officer & Global Director of Emergency Services & Security, Dow Chemical Company;
• Dr. M. Sam Mannan, PhD, PE, CSP, Director, Mary Kay O’Connor Process Safety Center, Chemical Engineering Department, Texas A&M University; and
• Mr. George Hawkins, General Manager, D.C. Water

Please visit the House Committee on Homeland Security to view their written statements.

First Congressional Hearing on Chemical Security of 2011

The House Committee on Homeland Security will be holding a hearing on chemical security on Friday, February 11, 2011. The hearing, titled “Preventing Chemical Terrorism: Building A Foundation of Security At Our Nation’s Chemical Facilities,” is the first congressional hearing on chemical security for the 112th Congress. For additional information on the hearing, please visit the House Committee on Homeland Security.

DHS Releases Revised SVA Instructions

DHS recently released a revised Security Vulnerability Assessment (SVA) Instructions document entitled “CSAT Security Vulnerability Assessment Application Instructions.” The revised January 2011 SVA Instructions replaces the previous June 2008 SVA Instructions and offers additional guidance for completing the CSAT SVA. Note that this revision applies only to the SVA Instructions; the actual SVA Questions remain unchanged.

Congressional Research Service Issues CFATS Report

In December 2010, the Congressional Research Service released Chemical Facility Security: Reauthorization, Policy Issues, and Options for Congress. The report provides an overview of the CFATS statute and regulation, recent legislative activity, and a discussion of various policy issues surrounding the CFATS program, including inherently safer technology, preemption, and regulatory harmonization.