Category: Homeland Security

Industry and Federal Agencies Share Threat Information Amid Recent International Tensions and Homeland Security Concerns

Posted on by Trey Jackson

REISAC logo x475

During recent military actions between the United States and Iran, the real estate industry engaged in intensive information-sharing efforts with government agencies on a variety of homeland security concerns.

  • As international tensions increased, informational bulletins on the potential for homeland security threats were shared by federal homeland security officials through the Real Estate Information Sharing and Analysis Center (RE-ISAC) – a public-private information sharing partnership organized and managed by The Real Estate Roundtable.

     

  • The Roundtable’s Homeland Security Task Force (HSTF) – co-chaired by Roundtable members Dan Kennedy (URW) and Charlie McGonigal (Brookfield) – works closely with the REISAC and federal agency partners on protective measures that CRE businesses may consider as they implement infrastructure resistant to physical damage and cyber breaches. HSTF also addresses a variety of CRE homeland security issues, including the recently reauthorized Terrorism Risk Insurance Act (TRIA).

     

  • The REISAC sends a Daily Report to members to raise awareness on domestic concerns and cyber threats affecting the U.S. commercial facilities sector, while sharing guidance from the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (CISA).

     

  • On Jan. 3, CISA conducted a situational update on Iranian-U.S. tensions with industry contacts. The conference call also addressed planning and preparedness efforts related to cyber, physical, and communications readiness – and coordinating information for reporting suspicious activity and/or events related to the events.

     

  • On Jan. 6, CISA released an alert on “Potential for Iranian Cyber Response to U.S. Military Strike in Baghdad.”  The same day, The New York Post reported that a senior adviser to Iran’s president posted a tweet on Sunday with a link to a Forbes article listing all of The Trump Organization’s significant properties, along with a quote from the late Ayatollah Khomeini threatening revenge against any enemies of Islam.

     

  • The Daily Beast reported on Jan. 7 that an anonymous senior member of the U.S. intelligence community said Trump Tower in Midtown Manhattan could be more effective a target than even the White House.
  • The RE-ISAC on Jan. 8 shared the retail-focused BMAP Special Advisory Bulletin which warned that, “individuals inspired to commit acts of terrorism may try to acquire or legally purchase common household items such as explosive precursor chemicals (EPCs), explosive powders, and IED components at retailers in your community to construct IEDs for use against infrastructure targets.”  The bulletin also provided a list of “Suspicious Activity and Purchasing Behavior: Recognize and Report.”

     

  • The RE-ISAC also recently distributed an announcement regarding a collaboration with the FBI and InfraGard National Capital Region to launch the Commercial Facilities Cyber Working Group (CCWG).  Those who work at the intersection of commercial facilities and information security are invited to join the new Working Group by registering at https://cf.epicplatform.com.  Additional ontact information for the REISAC is available here.

 

The next Homeland Security Task Force (HSTF) meeting is scheduled for Jan. 29, in conjunction with The Roundtable’s State of the Industry Meeting on Jan. 28 in Washington, DC.   

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Jobs Originating through Launching Travel (JOLT) Act Aims to Encourage Tourism to the U.S. and Bolster Job Creation

Posted on by Trey Jackson

Reps. Mike Quigley (D-IL) and Tom Rice (R-SC) reintroduced the bipartisan Jobs Originating through Launching Travel (JOLT) Act of 2019 (H.R. 2187) on April 9 to improve national security, increase international tourism, create jobs and reform visa laws. 

The Visit U.S. Coalition endorsed the introduction of the JOLT Act last year and again this month on its reintroduction. (Roundtable Weekly, July 27, 2018 and Visit U.S., April 9)  The coalition, led by the U.S. Travel Association and the American Hotel and Lodging Association, includes The Real Estate Roundtable, U.S. Chamber of Commerce and the American Resort Development Association.  

The Visit U.S. Coalition endorsed the introduction of the JOLT Act last year and again this month on its reintroduction. (Roundtable Weekly, July 27, 2018 and Visit U.S., April 9)  The coalition, led by the U.S. Travel Association and the American Hotel and Lodging Association, includes The Real Estate Roundtable, U.S. Chamber of Commerce and the American Resort Development Association.   

The JOLT Act proposes to: 

  • Strengthen visa processing by setting timely goals for applicants; 
  • Create a pilot program at the State Department to utilize videoconferencing technology for applicants who lack easy access to U.S. embassies;
  • Rename the Visa Waiver Program (VWP) the Secure Travel Partnership to more accurately reflect the realities of security and travel facilitation within the program;””
  • Modify the VWP to prevent overstays, and increase the ability of secure countries to participate;
  • Increase the ability of Canadians to stay up to 240 days per year;
  • Improve coordination between the Department of Homeland Security and the State Department. 

“Welcoming international travelers to American shores has undeniable benefits – from boosting the economy with spending at hotels, restaurants, and retail stores, to showing the world what makes America great,” said Visit U.S. Coalition spokesperson Andrea Riccio.   According to the coalition, each overseas traveler spends approximately $4,200 when they visit the U.S., directly supporting 1.2 million jobs and $33.7 billion in wages.  (Visit U.S. news release, April 9) 

A panel discussion at last year’s Annual Roundtable Meeting focused on travel and tourism, economic growth and commercial real estate.  Participants included Roger Dow, President and CEO, U.S. Travel Association; Katherine Lugar, (former) President and CEO, American Hotel & Lodging Association; Senator Amy Klobuchar (D-MN) and Anthony E. Malkin  (Chairman and CEO, Empire State Realty Trust).  (Roundtable Weekly, June 15, 2018)

Pipe-Bomb Mailings Draw Attention to Building Security, Terrorism Risk Insurance Program

Posted on by Trey Jackson

In the wake of this this week’s national pipe-bomb mail campaign, the implications for building security and terrorism risk insurance are profiled in today’s The Real Deal.  (Real Deal NY, Oct. 26)

In the wake of this this week’s national pipe-bomb mail campaign, the implications for building security and terrorism risk insurance are profiled in today’s The Real Deal.  (Real Deal NY, Oct. 26)

  • Real Estate Roundtable Senior Vice President Chip Rodgers is quoted in the article, which reports how numerous building managers are ramping up security after multiple suspicious packages containing potential explosive devices were found mailed to high-profile Democrats throughout the country. 
  • The Real Deal also reports that the Terrorism Risk Insurance Act (TRIA) helps building owners manage the risks associated with large-scale acts of terrorism.
  • Rodgers comments that although the small size of the devices discovered this week are not likely to trigger TRIA, the attempted attacks show how “terrorism continues to pose a clear and present danger to our nation, to American businesses and to real estate.” 
  • With the Terrorism Risk Insurance Program Reauthorization Act of 2015 (TRIPRA) scheduled expiration date at the end of 2020, The Roundtable is advocating for the long-term reauthorization of the program.Rodgers also notes that “TRIA does not stop terrorist attacks, but it does undermine the goals of terrorists who seek to weaken or destroy our economy.”  He adds other nations have permanent terrorism insurance programs because they “recognize that markets cannot underwrite this risk.”
  • “There is no homeland security without economic security,” Rodgers told The Real Deal.

The Roundtable’s Homeland Security Task Force (HSTF) and Risk Management Working Group (RMWG) met on Oct. 18 at the Federal Bureau of Investigation’s New York City office to discuss the threat landscape and real estate industry concerns.  HSTF and RMWG will meet next on Nov. 13 at the FBI’s Washington, DC headquarters.

New Anti-Terrorism Guide for Commercial Building Security Professionals

Posted on by Trey Jackson

An online anti-terrorism tool to help commercial office building security professionals perform facility assessments was released this week by The Department of Homeland Security’s (DHS) Science and Technology Directorate.  (Facility Executive, Sept. 17).

Businesses filing for SAFETY Act protections can receive Designation and Certification for their Qualified Anti-Terrorism Technology, which can cap their liability.

  • The web-based tool – based on the Best Practices for Anti-Terrorism Security (BPATS) for commercial office buildings – streamlines the application process for building owners seeking to obtain Qualified Anti-Terrorism Technology (QATT) status. (Homeland Preparedness News, Sept. 19) 
  • The BPATS Assessment Tool for Commercial Facilities is a program for evaluating a building’s security system. This assessment approach can be included in support of an application should a building owner chose to seek protections under the  Support Anti-Terrorism by Fostering Effective Technologies (SAFETY) Act. 
  • Businesses filing for SAFETY Act protections can receive Designation and Certification for their Qualified Anti-Terrorism Technology, which can cap their liability. The SAFETY Act was enacted in 2002 because of concerns that liability would hinder investment in the latest security technologies and programs following the attacks of September 11, 2001.  (DHS News Release, Sept. 17) 
  • “With the BPATS, our goal was to develop a comprehensive tool that security professionals could use to assess the anti-terrorism security of commercial office buildings,” said Bruce Davidson, Director of DHS’ Office of SAFETY Act Implementation (OSAI). “The output from their BPATS assessment should enable building leadership to take steps to enhance their building’s security and provide the foundation for a well-structured follow-on SAFETY Act application.” 
  • The preferred users of this tool are trained security professionals whose credentials will be reviewed by the National Institute of Building Sciences before gaining access to the tool. They would be trained in using the checklist to evaluate various components of building security by SAFETY Act standards, including access control, risk awareness, physical security, IT security, and more. The guide spans seven categories, 411 best practices, and approximately 60 associated common practices. 
  • The DHS’ Science and Technology Directorate reached a significant milestone earlier this year approving its 1,000th application for SAFETY Act protection.  The Roundtable’s Homeland Security Task Force has worked constructively with DHS on this issue over the years.  The Task Force will be meeting in two special sessions this fall. 

Publications:

Best Practices for Anti-Terrorism Security (BPATS) for Commercial Office Buildings  

Field Guide: Conducting BPATS Based Assessments of Commercial Facilities

 

Treasury Department Reports on Effectiveness of Terrorism Risk Insurance Program

Posted on by Trey Jackson

The federal government’s Terrorism Risk Insurance Program has been effective in making terrorism risk insurance available and affordable throughout the United States, according to a recent report by the U.S. Department of the Treasury’s Federal Insurance Office. 

The  Treasury based its June “Report on the Overall Effectiveness of the Terrorism Risk Insurance Program” on marketplace data collected for the past two years, along with public comments such as those submitted by the broad-based Coalition to Insure Against Terrorism (CIAT), which includes The Real Estate Roundtable.

  • The Terrorism Risk Insurance Program – authorized by the Terrorism Risk Insurance Program Reauthorization Act (TRIPRA) of 2015 – provides a federal backstop for certain U.S. property and casualty insurance losses resulting from a certified act of terrorism.
  • TRIPRA directs Treasury to provide reports on the Program’s effectiveness and estimate the total amount of premiums earned on terrorism risk insurance since January 1, 2003.  Treasury published its first Program effectiveness report two years ago.  (Roundtable Weekly, July 8, 2016).
  • In last month’s report, Treasury’s estimate of total earned premiums for terrorism risk insurance from 2003 to 2017 is approximately $37.6 billion (excepting captive insurers).  This amount is between 1 and 2 percent of the total premiums earned in the Program-eligible lines of insurance during that period.  Treasury estimates that an additional $7.4 billion has been earned by captive insurers. 
  • The total of terrorism risk premiums earned is comparable to the loss sustained by the insurance industry in connection with the attacks on September 11, 2001. 
  • While the purchase of terrorism risk insurance is not mandated by the Program, a significant proportion of commercial policyholders nationwide have elected to obtain such insurance, and take-up may be even higher in metropolitan areas at greater risk of terrorism. 

Without Congressional action, the Terrorism Risk Insurance Program, authorized by TRIPRA, will expire on Dec. 31, 2020.  The Roundtable is working with industry partners to develop a proposal that would make terrorism insurance available for the long-term.

House Follows Senate in Passing Bills Addressing Foreign Investment Risk; Includes Language Affecting Real Estate

Posted on by Trey Jackson

The House of Representatives on June 26 voted 400-2 to pass legislation (H.R. 5841) that overhauls federal review of transactions involving foreign companies or countries, including certain real estate transactions. The Senate on June 18 passed its version of the legislation (S. 2098).  (Dechert, June 2018) 

Both the House and Senate FIRRMA bills would expand the list of covered transactions to include some foreign purchases and leases of real estate near military and other strategic facilities.

  • The bills would update the review authority of the Committee on Foreign Investment in the U.S. (CFIUS) to review national security implications of transactions that could result in control of a U.S. business by a foreign person – and to block transactions or impose measures to mitigate any threats to U.S. security.
  • Both the House and Senate bills would expand the list of covered transactions to include some foreign purchases and leases of real estate near military and other strategic facilities.  Responding to concerns raised by The Roundtable and other industry groups, each bill includes similar language designed to exempt real estate located in ‘urbanized areas’ from the criteria of a covered transaction.  [See Title II, Sec. 201in the House’s Foreign Investment Risk Review Modernization Act of 2018 (FIRMMA) and for S. 2098, see  pages 7 through 9].  The Census defines an urbanized area as one comprising more than 50,000 people.

While the House and Senate bills are similar, the definition of “critical technology” differs and will require reconciliation before a final vote in each chamber. The Trump Administration has shown support for reforming FIRRMA to strengthen CFIUS’ oversight.

Senate and House Committees Approve Bills Addressing Foreign Investment Risk; Includes Language Affecting Real Estate

Posted on by Trey Jackson

Separate bills that would overhaul the process for reviewing foreign investment risk – including a purchase or lease by a foreign party of domestic properties located close to sensitive U.S. facilities – received unanimous approval Wednesday by the Senate Banking and House Financial Services Committees.  (Lexology, May 23)

Real estate provisions in  S. 2098  appear on pages 7 through 9.

  • The committees’ revised versions of the Foreign Investment Risk Review Modernization Act (FIRRMA) – S. 2098 and HR 5841 – seek to modernize and strengthen how the Committee on Foreign Investment in the United States (CFIUS) reviews acquisitions, mergers, and other foreign investments in the United States for national security risks.  Both bills would expand the list of covered transactions to include some foreign purchases and leases of real estate near military and other strategic facilities. (Real estate provisions in S. 2098 appear on pages 7 through 9.)
  • As a result of industry discussions with Senate and Treasury staff, the new legislative drafts include the addition of language designed to exempt real estate in ‘urbanized areas’ from the criteria of a covered transaction.  The Census defines an urbanized area as one comprising more than 50,000 people. 

FIRRMA may be ready for floor consideration in the House and Senate before the August congressional recess. The Trump Administration has shown support for reforming FIRRMA to strengthen CFIUS’ oversight. 

Coalition To Insure Against Terrorism (CIAT) Submits Comments to Treasury on Effectiveness of Terrorism Risk Insurance Act(TRIP)

Posted on by Trey Jackson

The Roundtable and its partners in the Coalition to Insure Against Terrorism (CIAT), submitted  detailed comments Monday on the overall effectiveness of the Terrorism Risk Insurance Program (TRIP) to the U.S. Department of Treasury’s Federal Insurance Office (FIO).

This week’s   comments   support TRIP as a “tremendous success” yet provide recommendations on three primary aspects of the program: Standalone terrorism insurance; Nuclear, Biological, Chemical or Radiological (NBCR) availability; and Cyber terrorism.

The Terrorism Risk Insurance Program Reauthorization Act of 2015 (TRIPRA) requires  Treasury to issue proposed rules to implement changes to TRIP, which is set to expire on Dec. 31, 2020 (Roundtable Weekly – Jan. 16, 2015) 

As FIO works on preparing its 2018 report on TRIP’s effectiveness, the coalition’s comment letter presents views from policyholders and risk managers – and supplement earlier remarks submitted by CIAT in 2016 (Roundtable Weekly, June 3, 2016). 

This week’s comments support TRIP as a “tremendous success” yet provide recommendations on three primary aspects of the program: Standalone terrorism insurance; Nuclear, Biological, Chemical or Radiological (NBCR) availability; and Cyber terrorism. 

The CIAT comments note there has been no evidence that private markets can develop adequate terrorism risk capacity without some type of federal participation.  The letter also notes that “in the wake of a major terrorist attack, (the program) ensures that a significant portion of the costs of recovery would be borne by the private sector.”  

The comments also include a suggestion that FIO should consider making the program permanent, stating that most other countries insurance programs are “of continuous duration, and it would benefit market stability to make TRIP permanent as well.” 

How other nation’s implement terrorism risk insurance programs was the focus of a discussion with Julian Enoizi, chief executive of Pool-Re during last week’s Spring Roundtable Meeting in Washington, DC. 

Additionally, Marsh  recently released its 2018 Terrorism Risk Insurance Report, which presents data on purchasing and pricing trends in the terrorism insurance marketplace. The report finds that the highest terrorism insurance take-up rates by industry in 2017 were real estate companies, education entities, health care organizations and financial institutions.  It also explores how the terrorism insurance market continues to innovate and respond to the needs of global organizations in light of an evolving risk landscape.  (BusinessInsurance, April 20, 2018) 

With TRIP set to sunset at the end of 2020, The Roundtable has formed a Terrorism Risk Insurance Working Group to explore potential options in advance of the reauthorization debate that is expected to begin in earnest next year.  The Working Group’s goal is to develop a strategy for a permanent, or long-term, national terrorism insurance program that would enable policyholders to secure the terrorism risk coverage they need without facing periodic renewals by the government.