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1 1 (July 14, 2023)

handle is hein.crs/govemfj0001 and id is 1 raw text is: Congressional ____ R *fesearch Service Chemical Security: Regulatory Implications of Terrorism Risk Assessment Methodology July 14, 2023 The Chemical Facility Anti-Terrorism Standards (CFATS) program imposes security requirements on certain facilities that manufacture, process, or store chemicals of interest-i.e., chemicals that bad actors might steal, divert, or exploit for nefarious purposes, including terrorism. Some Members have introduced legislation in the House and Senate that would provide a long-term extension of existing authorities. Several major industry groups have signaled support for CFATS extension. However, other Members, as well as some researchers and industry stakeholders, have raised concerns about the program, including questions about the risk assessment methodology used to inform CFATS regulatory activities and cost- benefit analyses. Sub-optimal risk methodologies may impose needless regulatory burdens on some stakeholders or fail to protect the public as well as intended. The Department of Homeland Security (DHS), which administers CFATS through the Cybersecurity and Infrastructure Security Agency (CISA), designed program rules and security requirements in reference to a basic risk model, which defines risk as a function of threat, vulnerability, and potential consequence (TVC). This model has been widely used within DHS and the broader homeland security enterprise for decades, but has also been criticized on conceptual and methodological grounds. Some industry stakeholders and members of the scientific research community have proposed modifications and alternatives, or called for greater oversight of the risk methodology development process. As Congress considers reauthorization of CFATS, it may consider risk methodology issues, available oversight options, and whether current program authorities should be extended, modified, or allowed to expire. Current program authorization will expire on July 27, 2023, absent congressional action. Current DHS Risk Assessment Concepts and Methods DHS defines risk as the potential for an unwanted outcome resulting from an incident, event, or occurrence, as determined by its likelihood and the associated consequences, which has the three TVC components noted above. DHS has long used this model-originally developed to inform homeland security grant award allocations-to inform various other planning, programs, and budget activities. A variety of formal and informal methods may be used when applying this model to specific analytical tasks. Depending on the method or approach, the TVC terms may be either multiplied together (as they Congressional Research Service https://crsreports.congress.gov IN12199 CRS INSIGHT Prepared for Members and Committees of Congress

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