Conrad Law & Policy Counsel
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Homeland Security


As ACC's first in-house security counsel, I spent most of the six years after 9/11 helping to develop the new and evolving area of homeland security law. I continue to advise SOCMA on this issue. I know, and am respected by, critical Department of Homeland Security staff. I am a national expert in:

Chemical Facility Security. I have been intimately involved in every step of the creation and implementation of DHS's Chemical Facility Anti-Terrorism Standards (CFATS), including the Appendix A rule, the web-based Chemical Security Assessment Tool, the guidance on risk-based performance standards, and DHS's approaches to personnel surety. I played a key role in negotiating the text of the 2014 statute that reauthorized the CFATS program for four years (Pub. L. No. 113-254, 6 U.S.C. §§ 621-29). I understand the security perspectives of leading companies. I am also expert in the concept of inherent safety.

Maritime Transportation Security Act. I have been similarly engaged in the development and implementation of the Coast Guard's MTSA rules, including the Transportation Worker Identification Credential (TWIC). In July 2018, I obtained a judicial stay of the effective date of the TWIC reader rule. International Liquid Terminals Ass'n v. DHS, No. 1:18-cv-00467-LMB-IDD (E.D. Va.).

Critical Infrastructure Protection. I have been influential in the establishment of the nation's voluntary, cooperative process to protect critical systems and assets under the National Infrastructure Protection Plan and the Critical Infrastructure Partnership Advisory Council, whose creation I drove.

Management and Protection of Sensitive Information. I understand the tensions between protecting and sharing information about security vulnerabilities and countermeasures. I know what CVI, SSI, PCII, FOUO, SBU, CBI and CUI mean and how they interact with each other and with FOIA and FACA.

The SAFETY Act. In January 2009, I obtained a landmark SAFETY Act designation for the American Chemistry Council's Responsible Care Security Code.

I have a Secret level security clearance, effective July 22, 2016 for ten years, sponsored by DHS.

Track Record:

  • Counsel SOCMA on full range of homeland security issues, particularly chemical facility security regulation and legislation and chemical sector coordination with DHS.
  • Assisted a small metal finisher in becoming deregulated under CFATS.
  • Advised ACC's advocacy on all homeland security matters from October 2001 to Spring 2008; helped position the chemical industry as a leading sector in the development and rollout of DHS regulatory and voluntary security programs, without compromising ACC's interests. Since moving to private practice, obtained a SAFETY Act designation for ACC's Responsible Care Security Code.
  • Worked with Congressional staff on the predecessors of, as well as the bills that became, the Homeland Security Act, the Critical Infrastructure Information Act, the MTSA, and Section 550 of the FY07 DHS Appropriations Act (authority for the CFATS rules). Crafted and negotiated legislative language and legislative history. Drafted ACC testimony, coordinated with GAO and CRS. Work with Hill staff on bills currently under consideration to extend and modify CFATS.
  • Primarily responsible for ACC's comments and other advocacy in connection with: DHS's CFATs rules; the Coast Guard's MTSA facility security regulations; TSA's TWIC rule; DHS's Critical Infrastructure Information Rules; and The Chemical Sector Specific Plan. Advise SOCMA on ongoing CFATS implementation issues.
  • Helped draft and negotiate Coast Guard approval of ACC's Alternative Security Plan.
  • Drafted most, and served as managing editor, of the Homeland Security Advisory Council's Private Sector Information Sharing Task Force report on Homeland Security Information Sharing between Government & the Private Sector (Aug. 2005), which led DHS to (i) create CIPAC to exempt critical infrastructure sector coordinating councils from Federal Advisory Committee Act and (ii) improve its Protected Critical Infrastructure Information rules.
  • Organized and maintain the business rules for the Chemical Sector Coordinating Council.
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