Critical Releases in Homeland Security: May 1, 2013

"Facilities that produce, store, or use hazardous chemicals could be of interest to terrorists intent on using toxic chemicals to inflict mass casualties in the United States. As required by statute, DHS issued regulations that establish standards for the security of high-risk chemical facilities. DHS established the CFATS [Chemical Facility Anti-Terrorism Standards] program to assess the risk posed by these facilities and inspect them to ensure compliance with DHS standards. ISCD [Infrastructure Security Compliance Division], which manages the program, places high risk facilities in risk-based tiers and is to conduct inspections after it approves facility security plans. A November 2011 ISCD internal memorandum raised concerns about ISCD's ability to fulfill its mission. GAO [Government Accountability Office] assessed the extent to which DHS has (1) assigned chemical facilities to tiers and assessed its approach for doing so, (2) revised its process to review facility security plans, and (3) communicated and worked with owners and operators to improve security. GAO reviewed DHS reports and plans on risk assessments, security plan reviews, and facility outreach and interviewed DHS officials. GAO also received input from 11 trade associations representing chemical facilities, about ISCD outreach. The results of this input are not generalizable but provide insights. […] GAO recommends that DHS enhance its risk assessment approach to incorporate all elements of risk, conduct a peer review after doing so, and explore opportunities to gather systematic feedback on facility outreach. DHS concurred with the recommendations."

"The integration of drones into U.S. skies is expected by many to yield significant commercial and societal benefits. Drones could be employed to inspect pipelines, survey crops, and monitor the weather. One newspaper has already used a drone to survey storm damage, and real estate agents have used them to survey property. In short, the extent of their potential domestic application is bound only by human ingenuity. […] Yet, the full-scale introduction of drones into U.S. skies will inevitably generate a host of legal issues. This report will explore some of those issues. To begin, this report will describe the regulatory framework for permitting the use of unmanned vehicles and the potential rulemaking that will occur over the next few years. Next, it will discuss theories of takings and property torts as they relate to drone flights over or near private property. It will then discuss the privacy interests implicated by drone surveillance conducted by private actors and the potential countervailing First Amendment rights to gather and receive news. Finally, this report will explore possible congressional responses to these privacy concerns, discuss how the FAA [Federal Aviation Administration] has approached these concerns, and identify additional potential legal issues."