(These laws are discussed below.) Congress addressed chemical facility security when it enacted legislation establishing the Department of Homeland Security (DHS; P.L. The law requires analysis of vulnerabilities and suggestions for security enhancements for "critical infrastructure." The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 ( P.L. 107-188 ) and the Maritime Transportation Security Act (MTSA, P.L. 107-295 ) require vulnerability assessments, security plans, and incident response plans for some chemical facilities which supply drinking water or are located in ports. Many other chemical facilities remain unregulated with respect to terrorism. Historically, there have been very few terrorist attacks on chemical facilities in the United States. Therefore, the estimated risk of death and injury from such attacks in the immediate future is low relative to the likelihood of other hazardous events, such as industrial accidents or terrorist attacks on other targets using conventional weapons. In contrast to the low probability of chemical terrorism, possible consequences for human health and the environment from such an event could be severe. Moreover, limited evidence suggests that chemical facilities may be "soft targets," lacking in adequate safeguards against criminal and terrorist attacks. Federal Requirements Established Prior to September 11, 2001, To Reduce Risks at Chemical Facilities

Two key federal laws require or encourage certain chemical facility operators to reduce risks to the general public associated with releases of hazardous chemicals: the Emergency Response and Community Right-to-Know Act (EPCRA) and the Clean Air Act (CAA). However, the law does require DHS to analyze vulnerabilities and recommend methods of enhancing site security at facilities that are part of the "critical infrastructure." 109-295 , provides authority to DHS for three years to issue regulations for high-risk chemical facilities, other than drinking water and wastewater treatment facilities and facilities in ports. DHS is directed to establish risk-based security performance standards for such facilities, and designated chemical facilities are required to prepare vulnerability assessments and facility security plans. DHS has authority to inspect facilities and to order compliance. Additional information on this topic is provided by CRS Report RL33043, Legislative Approaches to Chemical Facility Security , by [author name scrubbed]. Status Quo

Congress could rely on existing mechanisms in the public and private sectors to continuously evaluate and improve site security. Restricted Access to Information

Restricting terrorists' access to information about vulnerability and location of chemical facilities also might reduce the risk of terrorism. 6348 . The enacted provisions combine certain elements of H.R. 5695 , as reported by the House Homeland Security Committee, and S. 2145 , as reported by the Senate Committee on Homeland Security and Governmental Affairs. The various legislative proposals, as well as the enacted provisions, are summarized below. Protected information would include the criteria and data used to assign facilities to risk-based tiers and the tier assignments for specific facilities, vulnerability assessments, facility security plans, assessments of IST, security performance requirements for a facility, and any other information generated or collected by a government agency or a chemical facility to fulfill requirements of this title if it describes any vulnerability, describes the assignment of a facility to a risk-based tier, describes a security measure for the protection of a chemical facility from terrorism, or if "the disclosure of which the Secretary determines would be detrimental to the security of any chemical facility." For example, S. 2052 / H.R. Section 550 of P.L. Other legislative proposals that were considered by the 109 th Congress would have done the same, but also addressed issues such as how to facilitate congressional oversight of DHS implementation, the role of inherently safer technology, the criteria used to designate facilities as more or less "risky," and whether state and local right-to-know laws should be preempted by the federal provisions.
Facilities handling large amounts of potentially hazardous chemicals (i.e., chemical facilities) might be of interest to terrorists, either as targets for direct attacks meant to release chemicals into the community or as a source of chemicals for use elsewhere. Because few terrorist attacks have been attempted against chemical facilities in the United States, the risk of death and injury in the near future is estimated to be low, relative to the likelihood of accidents at such facilities or attacks on other targets using conventional weapons. For any individual facility, the risk is very small, but the risks may be increasingâwith potentially severe consequences for human health and the environment. Available evidence indicates that many chemical facilities may lack adequate safeguards.
After 9/11, Congress enacted legislation that requires the Department of Homeland Security (DHS) to analyze vulnerabilities and suggest security enhancements for "critical infrastructure." The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 ( P.L. 107-188 ) and the Maritime Transportation Security Act (MTSA, P.L. 107-295 ) require vulnerability assessments and emergency response plans for some chemical facilities that supply drinking water or are located in ports, as well as security plans for chemical facilities in ports. Many other chemical facilities, including wastewater treatment facilities, remain unregulated.
Congress could choose to rely on existing efforts in the public and private sectors to improve chemical site security over time. Alternatively, Congress could direct DHS to oversee security enhancement at potentially dangerous facilities. Or, Congress might enact legislation to reduce risks, either by "hardening" defenses against terrorists (for example by increasing security patrols) or by requiring industries to consider use of safer chemicals, procedures, or processes. Restricting terrorists' access to information might be a least-cost approach to reducing risks, but it would also limit public access to information about potential risks and reduce accountability of facility owners. For more on this topic, see CRS Report RL33043, Legislative Approaches to Chemical Facility Security , by [author name scrubbed].
The 109 th Congress enacted chemical security legislation as Section 550 of the DHS appropriations legislation, P.L. 109-295 . The law provides authority to DHS for three years to regulate high-risk chemical facilities other than drinking water and wastewater treatment facilities and facilities in ports. The enacted provisions also are found in H.R. 6348 . These provisions combine certain elements of H.R. 5695 , as reported by the House Homeland Security Committee, and S. 2145 , as reported by the Senate Committee on Homeland Security and Governmental Affairs. For example, the enacted law directs DHS to establish risk-based security performance standards for facilities, and requires facility owners or operators to prepare vulnerability assessments and facility security plans. The new law also authorizes DHS to inspect facilities and to close down any that are repeatedly noncompliant. However, the law did not address the most controversial issues: whether state laws are preempted and whether facilities should be required to consider use of inherently safer technology.