Senate Proposals To Enhance Chemical Facility Security (CRS Report for Congress)
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| Release Date |
Revised July 5, 2006 |
| Report Number |
RL33447 |
| Report Type |
Report |
| Authors |
Linda-Jo Schierow, Resources, Science, and Industry Division |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
The 109th Congress is considering how to address the risks and consequences of potential
terrorist
attacks on chemical facilities. This report compares and analyzes two bills in the Senate that would
address these issues: S. 2145, as reported, and S. 2486 , as introduced. S.
2145 was reported, amended (without written report), by the Committee on Homeland
Security and Governmental Affairs on June 26, 2006. For background information on chemical
facility security and summaries of other legislative proposals, see CRS Report RL31530 ,
Chemical
Facility Security . For more information about alternative legislative approaches, see CRS Report RL33043 , Legislative Approaches to Chemical Facility Security .
S. 2145 would direct the Secretary of the Department of Homeland Security (DHS)
to issue rules designating chemical facilities subject to regulation, assigning them to various
risk-based tiers, and establishing performance-based standards for each tier. Designated facilities
would include facilities selected from those required to complete risk management plans under the
Clean Air Act (CAA), Section 112(r)(7), and facilities handling more than specified quantities of
ammonium nitrate or any other substance designated by the Secretary. Facilities would be required
to submit to DHS vulnerability assessments, security plans, and emergency response plans for
terrorist incidents. Plans would have to be "sufficient to deter, to the maximum extent practicable,
a terrorist incident or a substantial threat of such an incident," and "include security measures to
mitigate the consequences of a terrorist incident." To oversee implementation, S. 2145
would establish regional DHS security offices and area security committees and plans. DHS, other
federal agencies, and state and local agencies would be prohibited from releasing to the public
"protected information." S. 2145 expressly prohibits any private civil actions against an
owner or operator to enforce provisions of the Act. S. 2145 also requires regulation of
ammonium nitrate sales.
S. 2486 addresses security and safety at "stationary sources," as defined by the
CAA Section 112(r)(2), and other facilities holding substances of concern that the DHS Secretary,
in consultation with the Administrator of the Environmental Protection Agency, designates as "high
priority." For all stationary sources, S. 2486 would establish a general duty to identify
hazards; ensure safe facility design, operation, and maintenance (including use of use of inherently
safer technology); and reduce the consequences of a criminal release. Employees would assist
owners or operators in these tasks. Each high-priority facility would be required to submit to DHS
a vulnerability assessment, hazard assessment, and prevention, preparedness, and response plan. S.
2486 would exempt DHS from public disclosure requirements of the federal Freedom of
Information Act for "all documents provided to the DHS Secretary under this Act, and all
information that describes a specific vulnerability or stationary source derived from those
documents." S. 2486 establishes Employees' Safety and Security Committees and
mandates employee training with respect to the Act's requirements. This report will be updated as
warranted by congressional activity.
