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.

TSA Releases Revised Pipeline Security Guidelines

The Transportation Security Administration (TSA) has released revised Pipeline Security Guidelines. The Guidelines were developed through a public-private partnership that included among others, industry and government members of the Pipeline Sector and Government Coordinating Councils as well as industry association representatives.

The Guidelines also include a HSAS Threat Level Protective Measures Supplement that contains “…a series of progressive security measures to reduce vulnerabilities to pipeline systems and facilities during periods of heightened threat conditions….” Though the Guidelines and Supplement supersede the 2002 DOT Pipeline Security Guidelines, note that both documents are merely guidance and do not impose any mandatory requirements.

DOD and Army To Use TWIC for Authentication

This week the Department of Defense (DOD) issued a brief notice announcing that as of October 1, 2011, it will require all commercial users of its transportation systems and applications to use a commercial PKI certificate or a Transportation Worker Identification Credential (TWIC) to access those systems and applications.

This initiative to enhance customer identification security and provide a stronger and more secure authentication process for accessing DOD information systems is the first instance in which TWICs will be utilized beyond their intended purpose—to gain unescorted access to Maritime Transportation Security Act (MTSA)-regulated facilities.

Congress Passes Food Safety Act

This week Congress passed the Food Safety and Modernization Act, representing the first major overhaul of the U.S. food safety system in over 70 years. In addition to various safety considerations, the bill also directs the FDA to “…promulgate regulations to protect against the intentional adulteration of food….” (emphasis added). These regulations will, among other things, “…specify appropriate science-based mitigation strategies or measures to prepare and protect the food supply chain at specific vulnerable points….” The bill will not likely be signed into law until President Obama returns in early January 2011.