"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 introduced in the Senate that would address these issues, S. 2145 and S. 2486...S. 2145 would direct the Secretary of the Department of Homeland Security (DHS) to promulgate rules for designating chemical facilities that would be subject to regulation, assigning these facilities to various risk-based tiers and establishing performance-based security standards for each tier. Designated facilities would be selected from among those required to complete risk management plans under the Clean Air Act (CAA), Section 112(r)(7), as well as facilities handling more than specified quantities of ammonium nitrate or any other substance designated by the Secretary. Designated 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 establishes regional DHS security offices and area security committees and plans. DHS and other federal, state, and local agencies would be prohibited from releasing to the public vulnerability assessments, site security plans, security addenda to emergency response plans, area security plans, or materials developed or produced exclusively in preparation for assessments or plans."
CRS Report for Congress, RL33447