This week the Department of Homeland Security (DHS) published three notices in the Federal Register describing the requirements for the Chemical Facility Anti-Terrorism Standards (CFATS) Personnel Surety Program (PSP).

• Reply to Comments From the 30-day CFATS Personal Surety Program Information Collection Request (ICR) (76 FR 34720-34732; ICR Notice)

• Notice of the Establishment of a Privacy Act System of Records Supporting the CFATS Personal Surety Program (76 FR 34732-34736; Privacy Act Notice)

• Notice of Proposed Rule Making (NPRM) Proposing a Privacy Act Exemption for the CFATS Personal Surety Program System of Records (76 FR 34616-34618; Privacy Act NPRM)

These notices follow the 60-day ICR notice published on June 10th, 2009 (74 FR 27555) and the 30-day ICR notice published on April 13th, 2010 (75 FR 18850).

GAO Issues Report on the Transportation Worker Identification Credential (TWIC) Program

This month, the Government Accountability Office (GAO) released a report identifying “[i]nternal control weaknesses governing the enrollment, background checking, and use of TWIC…” that it found may “…potentially limit the program’s ability to provide reasonable assurance that access to secure areas of Maritime Transportation Security Act (MTSA)-regulated facilities is restricted to qualified individuals.”

Specifically, the GAO indicated that internal controls in the enrollment and background checking processes are not designed to provide reasonable assurance that:

(1) Only qualified individuals can acquire TWICs;
(2) Adjudicators follow a process with clear criteria for applying discretionary authority when applicants are found to have extensive criminal convictions; or
(3) Once issued a TWIC, TWIC-holders have maintained their eligibility.

In making this finding, GAO investigators conducted covert tests at several selected ports and were successful in gaining access “…using counterfeit TWICs, authentic TWICs acquired through fraudulent means, and false business cases (i.e., reason for requesting access)."

The report suggests that the Department of Homeland Security conduct a control assessment of the TWIC program’s processes to address these existing weaknesses and better achieve the program’s objectives.

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.