{ "id": "RL33043", "type": "CRS Report", "typeId": "REPORTS", "number": "RL33043", "active": false, "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source": "EveryCRSReport.com", "id": 316734, "date": "2006-07-12", "retrieved": "2016-04-07T18:57:17.359029", "title": "Legislative Approaches to Chemical Facility Security", "summary": "Federal officials, policy analysts, and homeland security experts express concern about the\ncurrent\nstate of chemical facility security. Some security experts fear these facilities are at risk of a\npotentially catastrophic terrorist attack. The Department of Homeland Security identifies chemical\nfacilities as one of the highest priority critical infrastructure sectors. Current chemical plant or\nchemical facility security efforts include a mixture of local, state, and federal laws, industry trade\nassociation requirements, voluntary actions, and federal outreach programs. \n Many in the public and private sector call for federal legislation to address chemical facility\nsecurity. Still, disagreement exists over whether legislation is the best approach to securing chemical\nfacilities, and, if legislation is deemed necessary, what approaches best meet the security need. Many\nquestions face policymakers. Is the current voluntary approach sufficient or should security\nmeasures be required? If the latter, is chemical facility security regulation a federal role, or should\nsuch regulation be developed at the state level? To what extent is additional security required at\nchemical facilities? Should the government provide financial assistance for chemical facility\nsecurity or should chemical facilities bear security costs? \n Critical issues surrounding chemical facility security legislation include determining which\nchemical facilities should be protected by analyzing and prioritizing chemical facility security risks;\nidentifying which chemical facilities pose the most risk; and establishing what activities could\nenhance facility security to an acceptable level. Mechanisms for assessing security risk might\ninclude weighing the known or theoretical terrorist threat faced by a particular facility, the chemical\nhazards held at a facility, the quantities and location of those chemicals relative to the surrounding\npopulation, or the facility's industrial classification. Some security regulation exists for some\nchemical facilities under other legislation, such as the\nMaritime Transportation Security Act (MTSA) ( P.L. 107-295 ), the Safe Drinking Water Act\n(SDWA), as amended by the Bioterrorism Preparedness Act ( P.L. 107-188 ), and select state laws. \nPotential chemical facility security enhancements might be achieved through a range of policy\napproaches: providing security grants to high risk facilities; mandating site vulnerability assessments;\ncompelling vulnerability remediation; establishing federal security standards; or requiring the\nconsideration or use of specific technologies. In some cases, proposed legislation complements\nexisting law, while overrides it in others.\n In the 109th Congress, legislation exists in both chambers. In the Senate, S. 2145 \nand S. 2486 have been introduced. In the House, H.R. 1562 ,\n H.R. 2237 , H.R. 4999 , a companion bill to S. 2145, and\n H.R. 5695 have been introduced. The details of each bill's security requirements vary.\n This report will discuss current chemical facility security efforts, issues in defining chemical\nfacilities, policy challenges in developing chemical facility security legislation, and the various\npolicy approaches. 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