Efforts to improve the security of chemical facilities from terrorist attack took a step forward this week as a House subcommittee passed legislation that encourages plants to switch to safer and more secure technologies. The bills – the Chemical Facility Anti-Terrorism Act of 2009 and a related bill that addresses security at drinking water facilities – also require participation by plant workers in assessing vulnerabilities and creating a security plan. With no Republican support, the party-line vote in the Energy and Environment subcommittee sends the bills to the full Energy and Commerce committee for another vote, likely next week. Although the bills still lack crucial accountability measures, they represent a major improvement over the flawed and inadequate temporary security measures now in place.

Today, the Justice Department released a pivotal policy statement on the way the Obama administration will govern use of the state secrets privilege.  The new policy will be implemented on Oct. 1.  This is a welcome step toward President Obama’s promise of an unprecedented level of openness and away from the former administration’s “just trust us” approach when using the privilege to withhold evidence in lawsuits against the government.  While it seems highly likely that previous administrations have used the unfettered privilege to avoid embarrassment or corruption charges, the Obama administration has limited its use to national security purposes.