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• Regulation of Fertilizers: Ammonium Nitrate and Anhydrous Ammonia [July 31, 2013]

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  "The explosion on April 17, 2013, at the West Fertilizer Company fertilizer distribution facility in West, TX, has led to questions about the oversight and regulation of agricultural fertilizer. Facilities holding chemicals must comply with regulations attempting to ensure occupational safety, environmental protection, and homeland security. In addition to federal regulation requiring reporting and planning for ammonium nitrate and anhydrous ammonia, most state and some local governments have laws and regulations regarding the handling of either or both of these chemicals. The West Fertilizer Company possessed a variety of agricultural chemicals at its retail facility, but policy interest has focused on two chemicals: ammonium nitrate and anhydrous ammonia. Ammonium nitrate is a solid that can be used as a fertilizer, a use that generally occurs without incident. In combination with a fuel source and certain conditions, such as added heat or shock, confinement, or contamination, ammonium nitrate can pose an explosion hazard. Such accidents have rarely occurred, but have historically had high impacts. For example, the ammonium nitrate explosion in 1947 in Texas City, TX, where two ships carrying ammonium nitrate coated in wax and stored in paper bags caught fire and exploded, destroyed the entire dock area, including numerous oil tanks, dwellings, and business buildings. The bomb used in 1995 to attack the Murrah Federal Building in Oklahoma City, OK, contained ammonium nitrate as a component of its explosives."

  Library of Congress. Congressional Research Service

  Shea, Dana A.; Schierow, Linda-Jo; Szymendera, Scott

  2013-07-31
• DHS S&T Directorate: Selected Issues for Congress [April 14, 2014]

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  From the Summary: "Both congressional and executive branch policy makers assert that science and technology play significant roles in improving homeland security. Congress established the Directorate of Science and Technology (S&T) within the Department of Homeland Security (DHS) to ensure that DHS has access to science and technology advice and research and development (R&D) capabilities. The DHS supports both short- and long-term R&D activities. However, successful R&D activities may not result in a deployable product for many years. The S&T Directorate and other DHS offices have not developed technological advances at the rate some Members of Congress expected. Since the establishment of DHS, the appropriations committees have often expressed displeasure at the rate of technology transfer, the direction of R&D efforts, and the ability of the S&T Directorate to align its resources and mission. In a time of increasing fiscal constraint, some Members have questioned whether S&T Directorate R&D activities should receive priority over other non-R&D activities. This report provides a brief overview of the S&T Directorate's mission, organization, and budgetary structure; a discussion of selected critiques of the S&T Directorate; and an analysis of selected issues facing congressional policy makers."

  Library of Congress. Congressional Research Service

  Shea, Dana A.

  2014-04-14
• Implementation of Chemical Facility Anti-Terrorism Standards (CFATS): Issues for Congress [August 12, 2014]

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  "This report analyzes data from a variety of DHS presentations, testimony, and other sources to present a historical overview of program performance to date. It identifies an ongoing gap between the number of facilities that have received final risk tier assignments and the total number of regulated facilities. This makes it appear likely that DHS will not have inspected or approved site security plans for some portion of the regulated facility universe for at least several years. In addition, the current rates of authorization of site security plans, authorization inspection, and approval of site security plans make it appear likely that DHS will not have completed implementation for the initial facilities before the date when it will potentially need to begin reinspecting already approved facilities. With the onset of compliance inspections, congressional policy makers may have further questions about the ability of the CFATS program to meet congressional expectations regarding timeliness."

  Library of Congress. Congressional Research Service

  Shea, Dana A.

  2014-08-12
• Chemical Facility Security: Issues and Options for the 113th Congress [July 17, 2014]

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  "The Department of Homeland Security (DHS) has statutory authority to regulate chemical facilities for security purposes. The 113th Congress extended this authority through October 4, 2014. Congressional policy makers have debated the scope and details of reauthorization and continue to consider establishing an authority with longer duration. Some Members of Congress support an extension, either short- or long-term, of the existing authority. Other Members call for revision and more extensive codification of chemical facility security regulatory provisions. Questions regarding the current law's effectiveness in reducing chemical facility risk and the sufficiency of federal chemical facility security efforts exacerbate the tension between continuing current policies and changing the statutory authority. Congressional policy makers have questioned DHS's effectiveness in implementing the authorized regulations, called chemical facility anti-terrorism standards (CFATS). The DHS finalized CFATS regulations in 2007. Since then, the site security plans for 819 chemical facilities have been approved in the CFATS process, which starts with information submission by chemical facilities and finishes with inspection and approval of facility security measures by DHS. Additionally, DHS has inspected some facilities for subsequent compliance activities. Several factors, including the amount of detailed information provided to DHS, the effectiveness of DHS program management, and the availability of CFATS inspectors, likely complicate the inspection process and lead to delays in inspection. Policy makers have questioned whether the compliance rate with CFATS is sufficient to mitigate this homeland security risk."

  Library of Congress. Congressional Research Service

  Shea, Dana A.

  2014-07-17
• Implementation of Chemical Facility Anti-Terrorism Standards (CFATS): Issues for Congress [July 10, 2014]

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  "The Department of Homeland Security (DHS) implements the Chemical Facility Anti-Terrorism Standards (CFATS) regulations, which regulate security at high-risk facilities possessing more than certain amounts of one or more chemicals of interest. Facilities possessing more than the specified amount must register with DHS through this program (a process known as the Top- Screen) and perform security-related activities. The DHS identifies a subset of high-risk chemical facilities from among those that register. These high-risk chemical facilities must submit a security vulnerability assessment, which DHS uses to confirm their high-risk designation, and a site security plan, which DHS then reviews and authorizes. The DHS also inspects and approves high-risk chemical facilities for adherence to their submitted site security plans. It also later inspects for compliance with these plans following DHS approval. The DHS regulates approximately 4,000 facilities under this program and is in the process of implementing the regulatory requirements for security vulnerability assessment, site security planning, and inspection."

  Library of Congress. Congressional Research Service

  Shea, Dana A.

  2014-05-09
• Statutory Authority for the Chemical Facility Anti-Terrorism Standards (CFATS): A Comparison of H.R. 4007 and P.L. 109-295, Section 550 [July 17, 2014]

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  "The 109th Congress provided the Department of Homeland Security (DHS) with statutory authority to regulate chemical facilities for security purposes through Section 550 of the Department of Homeland Security Appropriations Act, 2007 (P.L. 109-295). This statutory authority contains a termination date, after which the statutory authority expires. The current termination date is October 4, 2014. Subsequent Congresses have attempted to provide a new authorization for the current statutory authority, which DHS implements through the Chemical Facility Anti-Terrorism Standards (CFATS). In the 113th Congress, several bills have been introduced in the House of Representatives and the Senate. One, H.R. 4007, has passed the House. H.R. 4007, as passed by the House, incorporates much of the language in the existing statute. Consequently, its authorities would generally encompass the existing authorities, and its implementation by DHS may retain a similar regulatory structure. Indeed, the bill expressly would allow DHS to use existing CFATS regulations to implement its provisions. Unlike the existing statute, H.R. 4007, as passed by the House, would amend the Homeland Security Act of 2002 (P.L. 107-296, as amended). It would create a new title, Title XXI, called Chemical Facility Anti-Terrorism Standards. Another key difference between H.R. 4007, as passed by the House, and the existing statute is the absence of a termination date for the statutory authority. The statutory authority would be permanent, though H.R. 4007, as passed by the House, includes a limited three-year authorization of appropriations."

  Library of Congress. Congressional Research Service

  Shea, Dana A.

  2014-07-17
• Implementation of Chemical Facility Anti-Terrorism Standards (CFATS): Issues for Congress [April 2, 2014]

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  "The Department of Homeland Security (DHS) implements the Chemical Facility Anti-Terrorism Standards (CFATS) regulations, which regulate security at high-risk facilities possessing more than certain amounts of one or more chemicals of interest. Facilities possessing more than the specified amount must register with DHS through this program (a process known as the Top- Screen) and perform security-related activities. The DHS identifies a subset of high-risk chemical facilities from among those that register. These high-risk chemical facilities must submit a security vulnerability assessment, which DHS uses to confirm their high-risk designation, and a site security plan, which DHS then authorizes. The DHS also inspects high-risk chemical facilities for adherence to their submitted site security plans and later for compliance with these plans following DHS approval. The DHS regulates approximately 4,300 facilities under this program and is in the process of implementing requirements for security vulnerability assessment, site security planning, and inspection. The DHS has had challenges meeting its own projections and congressional expectations regarding program performance, raising questions about its ability to achieve steady-state regulatory implementation. As of February 2014, DHS had made final risk assignments to 3,325 of the approximately 4,200 regulated facilities. The DHS 'authorizes' a site security plan when the submitted plan satisfies CFATS requirements. Following a successful authorization inspection, DHS 'approves' the site security plan. As of April 2014, DHS had authorized 1,335 site security plans; conducted 912 authorization inspections; and approved 649 site security plans."

  Library of Congress. Congressional Research Service

  Shea, Dana A.

  2014-04-02
• Implementation of Chemical Facility Anti-Terrorism Standards (CFATS): Issues for Congress [May 9, 2014]

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  "This report analyzes data from a variety of DHS presentations, testimony, and other sources to present a historical overview of program performance to date. It identifies an ongoing gap between the number of facilities that have received final risk tier assignments and the total number of regulated facilities. This makes it appear likely that DHS will not have inspected or approved site security plans for some portion of the regulated facility universe for at least several years. In addition, the current rates of authorization of site security plans, authorization inspection, and approval of site security plans make it appear likely that DHS will not have completed implementation for the initial facilities before the date when it will potentially need to begin reinspecting already approved facilities. With the onset of compliance inspections, congressional policy makers may have further questions about the ability of the CFATS program to meet congressional expectations regarding timeliness."

  Library of Congress. Congressional Research Service

  Shea, Dana A.

  2014-05-09
• Chemical Facility Security: Issues and Options for the 113th Congress [April 16, 2014]

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  "The Department of Homeland Security (DHS) has statutory authority to regulate chemical facilities for security purposes. The 113th Congress extended this authority through October 4, 2014. Congressional policy makers have debated the scope and details of reauthorization and continue to consider establishing an authority with longer duration. Some Members of Congress support an extension, either short- or long-term, of the existing authority. Other Members call for revision and more extensive codification of chemical facility security regulatory provisions. Questions regarding the current law's effectiveness in reducing chemical facility risk and the sufficiency of federal chemical facility security efforts exacerbate the tension between continuing current policies and changing the statutory authority. Congressional policy makers have questioned DHS's effectiveness in implementing the authorized regulations, called chemical facility anti-terrorism standards (CFATS). The DHS finalized CFATS regulations in 2007. Since then, the site security plans for 649 chemical facilities have been approved in the CFATS process, which starts with information submission by chemical facilities and finishes with inspection and approval of facility security measures by DHS. Additionally, DHS has inspected some facilities for subsequent compliance activities. Several factors, including the amount of detailed information provided to DHS, the effectiveness of DHS program management, and the availability of CFATS inspectors, likely complicate the inspection process and lead to delays in inspection. Policy makers have questioned whether the compliance rate with CFATS is sufficient to mitigate this homeland security risk. For additional analysis of CFATS implementation, see CRS [Congressional Research Service] Report R43346, 'Implementation of Chemical Facility Anti- Terrorism Standards (CFATS): Issues for Congress.'"

  Library of Congress. Congressional Research Service

  Shea, Dana A.

  2014-04-16
• Chemical Facility Security: Issues and Options for the 113th Congress [May 9, 2014]

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  "Recognizing the potential harm that a large, sudden release of hazardous chemicals poses to nearby people, state and federal governments have long regulated safety practices at chemical facilities. Historically, chemical facilities have engaged in security activities on a voluntary basis. Even before the terrorist attacks of 2001, congressional policy makers expressed concern over the security vulnerabilities of these facilities. After the 2001 attacks and the decision by several states to begin regulating security at chemical facilities, Congress again considered requiring federal security regulations to mitigate these risks. […] The explosion on April 17, 2013, at the West Fertilizer Company fertilizer distribution facility in West, TX, has led to additional focus on DHS's ability to identify noncompliant facilities. The West Fertilizer Company had not reported to DHS under the CFATS [chemical facility anti-terrorism standards] program, though it appeared to have possessed more than screening threshold quantities of chemicals of interest. While DHS had engaged in previous activity to identify facilities that had not complied with CFATS reporting requirements, DHS did not identify the West Fertilizer Company. Congressional policy makers have questioned the sufficiency of DHS efforts to identify these noncompliant 'outlier' facilities. This report provides a brief overview of the existing statutory authority and implementing regulation. It describes several policy issues raised in previous debates regarding chemical facility security and identifies policy options for congressional consideration."

  Library of Congress. Congressional Research Service

  Shea, Dana A.

  2014-05-09
• Chemical Facility Security: Issues and Options for the 113th Congress [September 16, 2014]

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  "The Department of Homeland Security (DHS) has statutory authority to regulate chemical facilities for security purposes. The 113th Congress extended this authority through October 4, 2014. Congressional policy makers have debated the scope and details of reauthorization and continue to consider establishing an authority with longer duration. Some Members of Congress support an extension, either short- or long-term, of the existing authority. Other Members call for revision and more extensive codification of chemical facility security regulatory provisions. Questions regarding the current law's effectiveness in reducing chemical facility risk and the sufficiency of federal chemical facility security efforts exacerbate the tension between continuing current policies and changing the statutory authority. Congressional policy makers have questioned DHS's effectiveness in implementing the authorized regulations, called chemical facility anti-terrorism standards (CFATS). The DHS finalized CFATS regulations in 2007. Since then, the site security plans for 900 chemical facilities have been approved in the CFATS process, which starts with information submission by chemical facilities and finishes with inspection and approval of facility security measures by DHS. Additionally, DHS has inspected some facilities for subsequent compliance activities. Several factors, including the amount of detailed information provided to DHS, the effectiveness of DHS program management, and the availability of CFATS inspectors, likely complicate the inspection process and lead to delays in inspection. Policy makers have questioned whether the compliance rate with CFATS is sufficient to mitigate this homeland security risk."

  Library of Congress. Congressional Research Service

  Shea, Dana A.

  2014-09-16
• Implementation of Chemical Facility Anti-Terrorism Standards (CFATS): Issues for Congress [September 15, 2014]

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  "The Department of Homeland Security (DHS) implements the Chemical Facility Anti-Terrorism Standards (CFATS) regulations, which regulate security at high-risk facilities possessing more than certain amounts of one or more chemicals of interest. Facilities possessing more than the specified amount must register with DHS through this program (a process known as the Top- Screen) and perform security-related activities. The DHS identifies a subset of high-risk chemical facilities from among those that register. These high-risk chemical facilities must submit a security vulnerability assessment, which DHS uses to confirm their high-risk designation, and a site security plan, which DHS then reviews and authorizes. The DHS also inspects and approves high-risk chemical facilities for adherence to their submitted site security plans. It also later inspects for compliance with these plans following DHS approval. The DHS regulates approximately 3,900 facilities under this program and is in the process of implementing the regulatory requirements for security vulnerability assessment, site security planning, and inspection."

  Library of Congress. Congressional Research Service

  Shea, Dana A.

  2014-09-15
• Chemical Facility Security: Issues and Options for the 113th Congress [October 14, 2014]

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  "The Department of Homeland Security (DHS) has statutory authority to regulate chemical facilities for security purposes. The 113th Congress extended this authority through December 11, 2014. Congressional policy makers have debated the scope and details of reauthorization and continue to consider establishing an authority with longer duration. Some Members of Congress support an extension, either short- or long-term, of the existing authority. Other Members call for revision and more extensive codification of chemical facility security regulatory provisions. Questions regarding the current law's effectiveness in reducing chemical facility risk and the sufficiency of federal chemical facility security efforts exacerbate the tension between continuing current policies and changing the statutory authority. Congressional policy makers have questioned DHS's effectiveness in implementing the authorized regulations, called chemical facility anti-terrorism standards (CFATS). The DHS finalized CFATS regulations in 2007. Since then, the site security plans for 900 chemical facilities have been approved in the CFATS process, which starts with information submission by chemical facilities and finishes with inspection and approval of facility security measures by DHS."

  Library of Congress. Congressional Research Service

  Shea, Dana A.

  2014-10-14
• Implementation of Chemical Facility Anti-Terrorism Standards (CFATS): Issues for Congress [October 14, 2014]

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  "The Department of Homeland Security (DHS) implements the Chemical Facility Anti-Terrorism Standards (CFATS) regulations, which regulate security at high-risk facilities possessing more than certain amounts of one or more chemicals of interest. Facilities possessing more than the specified amount must register with DHS through this program (a process known as the Top- Screen) and perform security-related activities. The DHS identifies a subset of high-risk chemical facilities from among those that register. These high-risk chemical facilities must submit a security vulnerability assessment, which DHS uses to confirm their high-risk designation, and a site security plan, which DHS then reviews and authorizes. The DHS also inspects and approves high-risk chemical facilities for adherence to their submitted site security plans. It also later inspects for compliance with these plans following DHS approval. The DHS regulates approximately 3,900 facilities under this program and is in the process of implementing the regulatory requirements for security vulnerability assessment, site security planning, and inspection. The DHS has had challenges meeting its own projections and congressional expectations regarding program performance, raising questions about its ability to achieve steady-state regulatory implementation. As of April 2014, DHS had made final risk assignments to 3,316 of the approximately 4,200 facilities then regulated. The DHS reported in October 2014 that it now regulates approximately 3,700 facilities, though it did not report the number with final risk assignments. The DHS authorizes a site security plan when the submitted plan satisfies CFATS requirements. Following a successful authorization inspection, DHS approves the site security plan."

  Library of Congress. Congressional Research Service

  Shea, Dana A.

  2014-10-14
• Federal Pause in Potentially Risky Influenza Research [November 24, 2014]

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  "Over several decades, Congress has enacted legislation to fund research into the origins and mechanisms of the causes and transmission of disease with the intent to spur the development of treatments and to improve public health. It has also enacted legislation in order to improve the security of biological pathogens. A recently implemented federal research moratorium has highlighted concerns about the general appropriateness of this research and the sufficiency of these biosecurity efforts. Policymakers focused on the intersection of public health and scientific research may question whether a moratorium appropriately balances federal interests in developing disease countermeasures with concerns over the potential of altered pathogens escaping research laboratories."

  Library of Congress. Congressional Research Service

  Shea, Dana A.

  2014-11-24
• Chemical Weapons: A Summary Report of Characteristics and Effects [September 13, 2013]

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  From the Document: "The potential for terrorist use of chemical agents is a noted concern highlighted by the Tokyo sarin gas attacks of 1995. The events of September 11, 2001, increased congressional attention towards reducing the vulnerability of the United States to such unconventional attacks. The possibility that terrorist groups might obtain insecure chemical weapons led to increased scrutiny of declared Libyan chemical weapon stockpiles following the fall of the Qadhafi regime. Experts have expressed similar concerns regarding the security and use of Syrian chemical weapons, reportedly including stocks of nerve (sarin, VX) and blister (mustard gas) agents. For analysis of chemical weapons in Syria, see CRS [Congressional Research Service] Report R42848, 'Syria's Chemical Weapons: Issues for Congress', coordinated by Mary Beth D. Nikitin. Military planners generally organize chemical agents, such as chemical weapons and toxic industrial chemicals, into four groups: nerve agents (such as sarin and VX), blister agents (such as mustard gas), choking agents (such as chlorine and phosgene), and blood agents (such as hydrogen cyanide). While the relative military threat posed by the various chemical types has varied over time, terrorist use of these chemicals against civilian targets is viewed as a low probability, high consequence event."

  Library of Congress. Congressional Research Service

  Shea, Dana A.

  2013-09-13
• President's Office of Science and Technology Policy (OSTP): Issues for Congress [February 7, 2014]

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  "Congress established the Office of Science and Technology Policy (OSTP) through the National Science and Technology Policy, Organization, and Priorities Act of 1976 (P.L. 94-282). The act states that 'The primary function of the OSTP Director is to provide, within the Executive Office of the President [EOP], advice on the scientific, engineering, and technological aspects of issues that require attention at the highest level of Government.' Further, 'The Office shall serve as a source of scientific and technological analysis and judgment for the President with respect to major policies, plans, and programs of the Federal Government.' The President nominates the OSTP Director, who is subject to confirmation by the Senate. In many Administrations, the President has concurrently appointed the OSTP Director to the position of Assistant to the President for Science and Technology (APST), a position that allows for the provision of confidential advice to the President on matters of science and technology. While Congress can require the OSTP Director to testify, the APST may decline requests to testify on the basis of separation of powers and/or executive privilege. The APST manages the National Science and Technology Council (NSTC), an interagency body established by Executive Order 12881 that coordinates science and technology (S&T) policy across the federal government. The APST also co-chairs the President's Council of Advisors on Science and Technology (PCAST), a council established by Executive Order 13539 and composed of external advisors who provide advice to the President. In the Obama Administration, John Holdren is both the OSTP Director and the APST."

  Library of Congress. Congressional Research Service

  Sargent, John F.; Shea, Dana A.

  2014-02-07
• Chemical Facility Security: Issues and Options for the 113th Congress [October 18, 2013]

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  "The Department of Homeland Security (DHS) has statutory authority to regulate chemical facilities for security purposes. The 113th Congress extended this authority through January 15, 2014. Congressional policymakers have debated the scope and details of reauthorization and continue to consider establishing an authority with longer duration. Some Members of Congress support an extension, either short- or long-term, of the existing authority. Other Members call for revision and more extensive codification of chemical facility security regulatory provisions. Questions regarding the current law's effectiveness in reducing chemical facility risk and the sufficiency of federal chemical facility security efforts exacerbate the tension between continuing current policies and changing the statutory authority. Congressional policymakers have questioned DHS's effectiveness in implementing the authorized regulations, called chemical facility anti-terrorism standards (CFATS). The DHS finalized CFATS regulations in 2007. Since then, 253 chemical facilities have been approved in the CFATS process, which starts with information submission by chemical facilities and finishes with inspection and approval of facility security measures by DHS. Several factors, including the amount of detailed information provided to DHS, effectiveness of DHS program management, and the availability of CFATS inspectors, likely complicate the inspection process and lead to delays in inspection. Policymakers have questioned whether the compliance rate with CFATS is sufficient to mitigate this homeland security risk."

  Library of Congress. Congressional Research Service

  Shea, Dana A.

  2013-10-18
• Chemical Facility Security: Issues and Options for the 113th Congress [November 15, 2013]

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  "The Department of Homeland Security (DHS) has statutory authority to regulate chemical facilities for security purposes. The 113th Congress extended this authority through January 15, 2014. Congressional policymakers have debated the scope and details of reauthorization and continue to consider establishing an authority with longer duration. […] Congressional policymakers have questioned DHS's effectiveness in implementing the authorized regulations, called chemical facility anti-terrorism standards (CFATS). The DHS finalized CFATS regulations in 2007. Since then, 348 chemical facilities have been approved in the CFATS process, which starts with information submission by chemical facilities and finishes with inspection and approval of facility security measures by DHS. […] The 113th Congress might take various approaches to this issue. Congress might allow the statutory authority to expire but continue providing appropriations to administer the regulations. Congress might permanently or temporarily extend the statutory authority to observe the impact of the current regulations and, if necessary, address any perceived weaknesses at a later date. Congress might codify the existing regulations in statute and reduce the discretion available to the Secretary of Homeland Security to change the current regulatory framework. Alternatively, Congress might substantively change the current regulation's implementation, scope, or impact by amending the existing statute or creating a new one. Finally, Congress might choose to terminate the program by allowing its authority to lapse and removing funding for the program. This would leave regulation of chemical facility security to state and local governments."

  Library of Congress. Congressional Research Service

  Shea, Dana A.

  2013-11-15
• Chemical Facility Security: Issues and Options for the 113th Congress [February 25, 2014]

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  "The Department of Homeland Security (DHS) has statutory authority to regulate chemical facilities for security purposes. The 113th Congress extended this authority through October 4, 2014. Congressional policymakers have debated the scope and details of reauthorization and continue to consider establishing an authority with longer duration. Some Members of Congress support an extension, either short- or long-term, of the existing authority. Other Members call for revision and more extensive codification of chemical facility security regulatory provisions. Questions regarding the current law's effectiveness in reducing chemical facility risk and the sufficiency of federal chemical facility security efforts exacerbate the tension between continuing current policies and changing the statutory authority. Congressional policymakers have questioned DHS's effectiveness in implementing the authorized regulations, called chemical facility anti-terrorism standards (CFATS). The DHS finalized CFATS regulations in 2007. Since then, the site security plans for 506 chemical facilities have been approved in the CFATS process, which starts with information submission by chemical facilities and finishes with inspection and approval of facility security measures by DHS. Several factors, including the amount of detailed information provided to DHS, the effectiveness of DHS program management, and the availability of CFATS inspectors, likely complicate the inspection process and lead to delays in inspection. Policymakers have questioned whether the compliance rate with CFATS is sufficient to mitigate this homeland security risk. For additional analysis of CFATS implementation, see CRS Report R43346, 'Implementation of Chemical Facility Anti-Terrorism Standards (CFATS): Issues for Congress.'"

  Library of Congress. Congressional Research Service

  Shea, Dana A.

  2014-02-25
• Radiological Dispersal Devices: Select Issues in Consequence Management [December 7, 2004]

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  "The threat of terrorist detonation of a dirty bomb, one type of radiological dispersal device (RDD), has focused public attention on efforts to counter use of this weapon. An RDD attack might cause casualties, economic damage, and, potentially, public panic, though experts disagree on the likely magnitude of each of these effects. The impact of an RDD attack would depend on many variables, such as meteorological conditions, type and amount of radiological material, duration of exposure, and method of dispersal. Issues of potential congressional interest include the level of federal funding for research and development of medical countermeasures against RDDs and the appropriateness of current standards for environmental decontamination following an RDD attack. This report will be updated as events warrant."

  Library of Congress. Congressional Research Service

  Shea, Dana A.

  2004-12-07
• Chemical Facility Security: Issues and Options for the 113th Congress [December 11, 2014]

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  "The Department of Homeland Security (DHS) has statutory authority to regulate chemical facilities for security purposes. The 113th Congress extended this authority through December 11, 2014. Congressional policy makers have debated the scope and details of reauthorization and continue to consider establishing an authority with longer duration. Some Members of Congress support an extension, either short- or long-term, of the existing authority. Other Members call for revision and more extensive codification of chemical facility security regulatory provisions. Questions regarding the current law's effectiveness in reducing chemical facility risk and the sufficiency of federal chemical facility security efforts exacerbate the tension between continuing current policies and changing the statutory authority."

  Library of Congress. Congressional Research Service

  Shea, Dana A.

  2014-12-11
• Chemical Facility Security: Issues and Options for the 113th Congress [May 17, 2013]

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  "Recognizing the potential harm that a large, sudden release of hazardous chemicals poses to nearby people, state and federal governments have long regulated safety practices at chemical facilities. Historically, chemical facilities have engaged in security activities on a voluntary basis. Even before the terrorist attacks of 2001, congressional policymakers expressed concern over the security vulnerabilities of these facilities. After the 2001 attacks and the decision by several states to begin regulating security at chemical facilities, Congress again considered requiring federal security regulations to mitigate these risks. In 2006, the 109th Congress passed legislation providing the Department of Homeland Security (DHS) with statutory authority to regulate chemical facilities for security purposes. Subsequent Congresses have extended this authority, which currently expires on October 4, 2013. Advocacy groups, stakeholders, and policymakers have called for Congress to reauthorize this authority, though they disagree about the preferred approach. Congress may extend the existing authority, revise the existing authority to resolve potentially contentious issues, or allow this authority to lapse. This report provides a brief overview of the existing statutory authority and implementing regulation. It describes several policy issues raised in previous debates regarding chemical facility security and identifies policy options for congressional consideration."

  Library of Congress. Congressional Research Service

  Shea, Dana A.

  2013-05-17
• Oversight of Dual-Use Biological Research: The National Science Advisory Board for Biosecurity [Updated April 27, 2007]

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  "Policymakers have addressed the threat of biological weapons and biosecurity issues for many years. An issue garnering increased attention is the potential for life sciences research intended to enhance scientific understanding and public health to generate results that could be misused to advance biological weapon effectiveness. Such research has been called 'dual-use' research because of its applicability to both biological countermeasures and biological weapons. […] The success of the NSABB [National Science Advisory Board for Biosecurity] in addressing federal concerns related to biodefense and biosecurity may influence congressional action. Absent an existing, effective mechanism to address potentially controversial issues raised by federally funded dual-use research, policymakers could act to establish an oversight mechanism through legislation. Should the NSABB be successful in linking the scientific and security communities and developing guidelines for effective scientific selfoversight, the board could evolve into a forum that policymakers may use to consider the intersections of science and security. Whether the tools available to the federal government are adequate to assess and control security risks from federally funded research or if additional authorities may ultimately need to be developed is yet to be determined. This report will be updated as events warrant."

  Library of Congress. Congressional Research Service

  Shea, Dana A.

  2007-04-27
• Ricin: Technical Background and Potential Role in Terrorism [Updated February 4, 2004]

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  "On February 2, 2004, the deadly toxin ricin was detected in the Dirksen Senate Office Building. Ricin, derived from castor beans, has been identified as a potential bioweapon. Ricin is extremely toxic by ingestion, inhalation and injection, causing organ damage that can lead to death. While research continues on new therapies and vaccines against ricin exposure, no approved treatments or prophylaxis for human use currently exist. Research to develop sensitive, portable detectors capable of detecting the release of ricin is ongoing. Although ricin was investigated as a potential military weapon, it has predominantly been used in small quantities against specific individuals. Most experts believe that ricin would be difficult to use as a weapon of mass destruction, but do not discount its potential as a weapon of terror. Ricin is on the Centers for Disease Control and Prevention Select Agent list, and its possession, transfer, or use, is regulated under domestic and international law. This report will be updated as events warrant."

  Library of Congress. Congressional Research Service

  Shea, Dana A.; Gottron, Frank

  2004-02-04
• Chemical Facility Security: Issues and Options for the 113th Congress [November 7, 2014]

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  "Recognizing the potential harm that a large, sudden release of hazardous chemicals poses to nearby people, state and federal governments have long regulated safety practices at chemical facilities. Historically, chemical facilities have engaged in security activities on a voluntary basis. Even before the terrorist attacks of 2001, congressional policy makers expressed concern over the security vulnerabilities of these facilities. After the 2001 attacks and the decision by several states to begin regulating security at chemical facilities, Congress again considered requiring federal security regulations to mitigate these risks. In 2006, the 109th Congress passed legislation providing the Department of Homeland Security (DHS) with statutory authority to regulate chemical facilities for security purposes. Subsequent Congresses have extended this authority, which currently expires on December 11, 2014. Advocacy groups, stakeholders, and policy makers have called for Congress to reauthorize this authority, though they disagree about the preferred approach. Congress may extend the existing authority, revise the existing authority to resolve potentially contentious issues, or allow this authority to lapse. […] This report provides a brief overview of the existing statutory authority and implementing regulation. It describes several policy issues raised in previous debates regarding chemical facility security and identifies policy options for congressional consideration."

  Library of Congress. Congressional Research Service

  Shea, Dana A.

  2014-11-07
• Implementation of Chemical Facility Anti-Terrorism Standards (CFATS): Issues for Congress [February 25, 2015]

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  "The Department of Homeland Security (DHS) implements the Chemical Facility Anti-Terrorism Standards (CFATS) regulations, which regulate security at high-risk facilities possessing more than certain amounts of one or more chemicals of interest. Facilities possessing more than the specified amount must register with DHS through this program (a process known as the Top- Screen) and perform security-related activities. The DHS identifies a subset of high-risk chemical facilities from among those that register. These high-risk chemical facilities must submit a security vulnerability assessment, which DHS uses to confirm their high-risk designation, and a site security plan, which DHS then reviews and authorizes. The DHS also inspects and approves high-risk chemical facilities for adherence to their submitted site security plans. It also later inspects for compliance with these plans following DHS approval. The DHS regulates approximately 3,600 facilities under this program and is in the process of implementing the regulatory requirements for security vulnerability assessment, site security planning, and inspection. The DHS has had challenges meeting its own projections and congressional expectations regarding program performance, raising questions about its ability to achieve steady-state regulatory implementation. As of April 2014, DHS had made final risk assignments to 3,316 of the approximately 4,200 facilities then regulated. The DHS reported in December 2014 that it now regulates approximately 3,600 facilities, approximately 2,700 of which have final risk assignments. The DHS authorizes a site security plan when the submitted plan satisfies CFATS requirements. Following a successful authorization inspection, DHS approves the site security plan."

  Library of Congress. Congressional Research Service

  Shea, Dana A.

  2015-02-25
• Implementation of Chemical Facility Anti-Terrorism Standards (CFATS): Issues for Congress [January 27, 2015]

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  "The Department of Homeland Security (DHS) implements the Chemical Facility Anti-Terrorism Standards (CFATS) regulations, which regulate security at high-risk facilities possessing more than certain amounts of one or more chemicals of interest. Facilities possessing more than the specified amount must register with DHS through this program (a process known as the Top- Screen) and perform security-related activities. The DHS identifies a subset of high-risk chemical facilities from among those that register. These high-risk chemical facilities must submit a security vulnerability assessment, which DHS uses to confirm their high-risk designation, and a site security plan, which DHS then reviews and authorizes. The DHS also inspects and approves high-risk chemical facilities for adherence to their submitted site security plans. It also later inspects for compliance with these plans following DHS approval. […] This report analyzes data from a variety of DHS presentations, testimony, and other sources to present a historical overview of program performance to date. It identifies an ongoing gap between the number of facilities that have received final risk tier assignments and the total number of regulated facilities. This makes it appear likely that DHS will not have inspected or approved site security plans for some portion of the regulated facility universe for at least several years. In addition, the current rates of authorization of site security plans, authorization inspection, and approval of site security plans make it appear likely that DHS will not have completed implementation for the initial facilities before the date when it will potentially need to begin reinspecting already approved facilities."

  Library of Congress. Congressional Research Service

  Shea, Dana A.

  2015-01-27
• Chemical Facility Security: Issues and Options for the 113th Congress [November 27, 2013]

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  "The Department of Homeland Security (DHS) has statutory authority to regulate chemical facilities for security purposes. The 113th Congress extended this authority through January 15, 2014. Congressional policymakers have debated the scope and details of reauthorization and continue to consider establishing an authority with longer duration. Some Members of Congress support an extension, either short- or long-term, of the existing authority. Other Members call for revision and more extensive codification of chemical facility security regulatory provisions. Questions regarding the current law's effectiveness in reducing chemical facility risk and the sufficiency of federal chemical facility security efforts exacerbate the tension between continuing current policies and changing the statutory authority. Congressional policymakers have questioned DHS's effectiveness in implementing the authorized regulations, called chemical facility anti-terrorism standards (CFATS). The DHS finalized CFATS regulations in 2007. Since then, the site security plans for 362 chemical facilities have been approved in the CFATS process, which starts with information submission by chemical facilities and finishes with inspection and approval of facility security measures by DHS. Several factors, including the amount of detailed information provided to DHS, the effectiveness of DHS program management, and the availability of CFATS inspectors, likely complicate the inspection process and lead to delays in inspection. Policymakers have questioned whether the compliance rate with CFATS is sufficient to mitigate this homeland security risk."

  Library of Congress. Congressional Research Service

  Shea, Dana A.

  2013-11-27
• Implementation of Chemical Facility Anti-Terrorism Standards (CFATS): Issues for Congress [January 6, 2014]

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  "The Department of Homeland Security (DHS) implements the Chemical Facility Anti-Terrorism Standards (CFATS) regulations, which regulate security at high-risk facilities possessing more than certain amounts of one or more chemicals of interest. Facilities possessing more than the specified amount must register with DHS through this program (a process known as the Top- Screen) and perform security-related activities. The DHS identifies a subset of high-risk chemical facilities from among those that register. These high-risk chemical facilities must submit a security vulnerability assessment, which DHS uses to confirm their high-risk designation, and a site security plan, which DHS then authorizes. […] This report analyzes data from a variety of DHS presentations, testimony, and other sources to present a historical overview of program performance to date. It identifies an ongoing gap between the number of facilities that have received final risk tier assignments and the total number of regulated facilities. This makes it appear likely that DHS will not have inspected or approved site security plans for some portion of the regulated facility universe for at least several years. In addition, the current rates of authorization of site security plans, authorization inspection, and approval of site security plans make it appear likely that DHS will not have completed implementation for the initial facilities before the date when it will need to begin reinspecting already approved facilities for compliance. With the onset of compliance inspections, congressional policy makers may have further questions about the ability of the CFATS program to meet congressional expectations regarding timeliness."

  Library of Congress. Congressional Research Service

  Shea, Dana A.

  2014-01-06