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DHS Introduces New Regulations to Secure High-Risk Chemical Facilities

Release Date: December 22, 2006

For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010

The Department of Homeland Security today made available for public review an aggressive and comprehensive set of proposed regulations that will improve security at high-risk chemical facilities nationwide.  The proposed regulations are expected to be published in the Federal Register next week as an Advanced Notice of Rulemaking and will be available for public comment until February 7, 2007.

"The consequences of an attack at a high risk chemical facility could be severe for the health and safety of the citizens in the area and for the national economy," said Homeland Security Secretary Michael Chertoff.  "Congress has provided the department with a critical new authority to set performance standards that are both sensible and disciplined, allowing owners and operators the flexibility to determine an appropriate mix of security measures at their facility under our supervision and subject to our approval. We're grateful for this new authority, and we intend to implement it quickly and apply it aggressively.

The proposed regulations require that chemical facilities fitting certain profiles complete a secure online risk assessment to assist in determining their overall level of risk.  High-risk facilities will then be required to conduct vulnerability assessments and submit site security plans that meet the department's performance standards.  The department will validate submissions through audits and site inspections, and will provide technical assistance to facility owners and operators as needed.  Performance standards will be designed to achieve specific outcomes, such as securing the perimeter and critical targets, controlling access, deterring theft of potentially dangerous chemicals, and preventing internal sabotage.  Security strategies necessary to satisfy these standards will depend upon the level of risk at each facility.

The proposed regulations provide chemical facilities with two quick and simple opportunities to challenge the disapproval of a site security plan.  Failure to comply with performance standards may result in civil penalties up to $25,000 per day, and egregious instances of noncompliance could result in an order to cease operations.

Since 2003, the department has worked closely with the chemical industry as well as state and local authorities on strengthening security at chemical facilities throughout the country.  Most chemical facilities have already initiated voluntary security programs and made significant investments to achieve satisfactory security levels.  The Homeland Security Appropriations Act of 2007 granted the department authority to regulate the security of high-risk chemical facilities and requires that the proposed regulations be issued by April 4, 2007.  The proposed regulations contemplate immediate implementation at the highest risk facilities, and a phased implementation at other chemical facilities that present security risks addressed by the statute, beginning in 2007 and continuing through 2008.

The Advanced Notice of Rulemaking is available at: http://www.dhs.gov/


Passport Requirement for Air Travel Begins Today

Release Date: January 23, 2007

For Immediate Release
Office of the Press Secretary
Contact: (202) 282-8010

Beginning today, citizens of the United States, Canada, Mexico, and Bermuda are now required to present a passport to enter the United States when arriving by air from any part of the Western Hemisphere.

The department expects a smooth transition to the new passport requirement based on the current numbers of travelers arriving at U.S. airports with passports. Over 90 percent of U.S. citizens, 97 percent of Canadians, and virtually 100 percent of Mexicans and Bermudans flying to the United States over the past week arrived with passports.

The air requirement is part of the departments of State and Homeland Security's Western Hemisphere Travel Initiative. This change in travel document requirements is the result of recommendations made by the 9/11 Commission, which Congress subsequently passed into law in the Intelligence Reform and Terrorism Prevention Act of 2004.

The only acceptable alternative documents to a passport for air travel will be the Merchant Mariner Document (MMD) and the NEXUS Air card. The MMD, or "z card", is issued by the U.S. Coast Guard to U.S. Merchant Mariners. The NEXUS Air card is issued to citizens of Canada and the United States, lawful permanent residents of the United States and permanent residents of Canada who meet certain eligibility requirements. The NEXUS Air card will only be accepted when used in conjunction with the NEXUS Air program at certain airports. The MMD card will only be accepted when used on official business by U.S. Citizen Merchant Mariners. All active duty members of the United States Armed Forces traveling with military identification will be exempt from the requirement to present a valid passport when entering the United States. Legal Permanent Residents of the U.S. may re-enter on their I-551 Permanent Resident Card.

A separate proposed rule addressing land and sea travel will be published at a later date with specific requirements for travelers entering the United States through land and sea border crossings. As early as Jan.1, 2008, citizens traveling between the United States and Canada, Mexico, Central and South America, the Caribbean, and Bermuda by land or sea may be required to present a valid passport or other documents as determined by the Department of Homeland Security to enter the United States.


DHS Designates State of the Union Address as a National Special Security Event

Release Date: January 22, 2007

For Immediate Release
Office of the Press Secretary
Contact: (202) 282-8010

Washington - The U.S. Department of Homeland Security Secretary Michael Chertoff has designated the President's State of the Union Address as a National Special Security Event (NSSE).

Secretary Chertoff has named Steven C. Woodard, Deputy Assistant Director of the U.S. Secret Service, to serve as the Principal Federal Official (PFO) for the State of the Union.

A number of factors are taken into consideration when designating an event as a National Special Security Event, including anticipated attendance by dignitaries and the size and significance of the event. When an event is designated a NSSE, the U.S. Secret Service assumes its legally mandated role as the lead federal agency for the design and implementation of the operational security plan. Federal resources will be deployed to maintain the level of security needed for the event.

The Secret Service is responsible for planning, directing and executing federal security operations at designated NSSEs and, together with state and local law enforcement partners, develops the overall security plan. The Washington D.C. Metropolitan Police Department, the U.S. Capitol Police, and a number of other federal and local agencies will play an active role in providing security at this event. Assets from the Department of Defense, including the North American Aerospace Command and the United States Northern Command are also supporting this event.

Deputy Assistant Director Woodard has experience in the preparation and coordination that are required for NSSEs, and most recently served as the PFO for former President Ford's state funeral in Washington D.C. earlier this month. In his role as PFO, Deputy Assistant Director Woodard is responsible for ensuring overall seamless coordination of the federal domestic incident management activities.

Since 1998, the Secret Service has led federal security operations at 24 National Special Security Events, including former President Ford's state funeral, the 2005 Presidential Inauguration, the 2004 Republican and Democratic National Conventions, former President Ronald Reagan's state funeral in 2004, and the last three State of the Union Addresses.


Statement by Homeland Security Secretary Michael Chertoff on the Intention to Use Discretionary Authority for Material Support to Terrorism

Release Date: January 19, 2007

For Immediate Release
Office of the Press Secretary
(202) 282-8010

The United States of America has a great legacy as a welcoming nation to legitimate refugee and asylum seekers from around the world. Indeed, America has traditionally welcomed more refugee and asylum seekers than any other nation in the world. The federal government has upheld that tradition while working hard to eliminate the risk of unintentionally admitting a potentially dangerous and fraudulent petitioner in a post-9/11 world.

A select group of foreign nationals have been unable to pursue the protections provided by our refugee and asylum laws because they have been uniquely victimized by terrorist groups. This group as a whole does not represent a threat to our homeland security. I, therefore, will exercise my discretionary authority to permit consideration of applications for refugee status, asylum or adjustment of status from some who have provided material support to groups while under duress.

I have also decided, in consultation with the Departments of State and Justice, to exercise my discretionary authority under the Immigration and Nationality Act to not apply material support to terrorism provisions to those seeking asylum or adjustment of status that have provided support to eight groups. They are: the Karen National Union and Karen National Liberation Army, Chin National Front and Chin National Army, Chin National League for Democracy, Kayan New Land Party, Arakan Liberation Party, Tibetan Mustangs, Cuban Alzados, and Karenni National Progressive Party.

The material support to terrorism exemption will apply to individuals who do not represent a public safety or national security risk to the United States. In addition to exempting from the material support bar eligible individuals in these two categories, the federal government will also seek legislation from Congress to further expand our discretionary exemption authority. We are deeply committed to ensuring that those who deserve humanitarian relief from our immigration system receive it, and that America continues to be a beacon of hope and protection for the persecuted.

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