	Introduction

Federal officials, policy analysts, and homeland security experts express concern about thecurrent state of chemical facility security. Referring to them as "the single greatest danger of apotential terrorist attack in our country today," some experts fear these facilities are at risk of apotentially catastrophic terrorist attack. (1) The Department of Homeland Security (DHS) identifies chemicalfacilities as being one of the highest priority critical infrastructure sectors. (2) 
Currently, chemical facility security efforts include a mixture of local, state, and federal laws,industry trade association requirements, voluntary actions, and federal outreach programs. Many in the public and private sector call for federal legislation to address chemical facilitysecurity. (3) Still,disagreement exists over whether federal legislation is the best approach to securing chemicalfacilities, and, if legislation is deemed necessary, what approaches best meet the security need. Critical issues surrounding chemical facility security legislation include determining whichchemical facilities should be protected, which involves analyzing and prioritizing chemical facilitysecurity risks, identifying which chemical facilities pose the most risk, and establishing whatactivities could enhance facility security to an acceptable level. Mechanismsfor assessing security risk might include weighing the known or theoretical terrorist threat faced bya particular facility, the chemical hazards held at a facility, the quantities of those chemicals, and thelocation of those chemicals relative to the surrounding population. Security regulation of some chemical facilities is established under certain statutes, includingthe Maritime Transportation Security Act (MTSA) ( P.L. 107-295 ) and the Safe Drinking Water Act(SDWA), as amended by the Bioterrorism Preparedness Act ( P.L. 107-188 ). Potential chemical facilitysecurity enhancement might be achieved through a range of policy approaches: providing grants toincrease security at high risk facilities; mandating site vulnerability assessments; compellingvulnerability remediation; establishing federal security standards; or requiring the consideration oruse of specific technologies. Proposed legislation may aim to complement existing law or tooverride it. In the 109th Congress, legislation has been introduced in both chambers addressing concernsregarding chemical facility security. In the Senate, S. 2145 , the Chemical FacilityAnti-Terrorism Act of 2005, and S. 2486 , Chemical Security and Safety Act of 2006,have been introduced. In the House, H.R. 1562 , the Chemical Facility Security Act of2005, H.R. 4999 , acompanion bill to S. 2145, and H.R. 4999, H.R. This report will discuss current chemical facility security efforts, considerations in definingchemical facilities, policy challenges in developing chemical facility security legislation, and selectpolicy approaches. Defining by Industry Classification. The basis for chemical facility security requirements is another areaof contention. States have passedchemical facility security legislation.
Federal officials, policy analysts, and homeland security experts express concern about thecurrent state of chemical facility security. Some security experts fear these facilities are at risk ofa potentially catastrophic terrorist attack. The Department of Homeland Security identifies chemicalfacilities as one of the highest priority critical infrastructure sectors. Current chemical plant orchemical facility security efforts include a mixture of local, state, and federal laws, industry tradeassociation requirements, voluntary actions, and federal outreach programs.
Many in the public and private sector call for federal legislation to address chemical facilitysecurity. Still, disagreement exists over whether legislation is the best approach to securing chemicalfacilities, and, if legislation is deemed necessary, what approaches best meet the security need. Manyquestions face policymakers. Is the current voluntary approach sufficient or should securitymeasures be required? If the latter, is chemical facility security regulation a federal role, or shouldsuch regulation be developed at the state level? To what extent is additional security required atchemical facilities? Should the government provide financial assistance for chemical facilitysecurity or should chemical facilities bear security costs?
Critical issues surrounding chemical facility security legislation include determining whichchemical facilities should be protected by analyzing and prioritizing chemical facility security risks;identifying which chemical facilities pose the most risk; and establishing what activities couldenhance facility security to an acceptable level. Mechanisms for assessing security risk mightinclude weighing the known or theoretical terrorist threat faced by a particular facility, the chemicalhazards held at a facility, the quantities and location of those chemicals relative to the surroundingpopulation, or the facility's industrial classification.
Some security regulation exists for some chemical facilities under other legislation, such asthe Maritime Transportation Security Act (MTSA) ( P.L. 107-295 ), the Safe Drinking Water Act(SDWA), as amended by the Bioterrorism Preparedness Act ( P.L. 107-188 ), and select state laws. Potential chemical facility security enhancements might be achieved through a range of policyapproaches: providing security grants to high risk facilities; mandating site vulnerability assessments;compelling vulnerability remediation; establishing federal security standards; or requiring theconsideration or use of specific technologies. In some cases, proposed legislation complementsexisting law, while overrides it in others.
In the 109th Congress, legislation exists in both chambers. In the Senate, S. 2145 and S. 2486 have been introduced. In the House, H.R. 1562 , H.R. 2237 , H.R. 4999 , a companion bill to S. 2145, and H.R. 5695 have been introduced. The details of each bill's security requirements vary.
This report will discuss current chemical facility security efforts, issues in defining chemicalfacilities, policy challenges in developing chemical facility security legislation, and the variouspolicy approaches. This report will be updated as circumstances warrant.