CFATS Reauthorization - WMD Criminal Activities

This is part of a continuing series of blog posts on my proposed changes to the CFATS authorization. The current authorization for the program ends on December 18^th, 2018. These posts address some of the language that I would like to see in any re-authorization bill. Earlier posts in the series include:

CFATS Reauthorization – Cybersecurity

CFATS Reauthorization – Agricultural Production Facilities

CFATS Authorization – Protection from Drones

CFATS Authorization – Excluded Facilities

CFATS Reauthorization – Academic Laboratories

CFATS Reauthorization – Inherently Safer Technology

CFATS Reauthorization – STQ Adjustments

The current federal statutes on chemical weapons (18 USC Chapter 11B) do not specifically address the issue of theft or diversion of chemical precursors or an attack resulting in the release of toxic, flammable, or explosive chemicals from the chemical facilities covered under the CFATS program. This is an oversight that can be corrected during the reauthorization of the CFATS program.

The language below would correct that shortcoming:

Section 3 – Weapons of Mass Destruction Criminal Activities

(a) Section 229(a) of 18 USC is amended by adding at the end:

“(3) to attack or unlawfully enter a covered facility under 6 CFR Part 27 with the intent to cause a release of a release security issue chemical or to actual cause such a release;

“(4) to steal or cause the diversion of a delivery of a theft security issue chemical from a covered facility under 6 CFR Part 27;”

(b) Section 229(b) of 18 USC is amended by adding at the end:

“(3) Notwithstanding (a)(4), no person entering a covered facility under 6 CFR Part 27 with the sole purpose of exercising their freedom of expression rights to protest or call attention to the possession, manufacture, distribution or sale of a hazardous chemical, as long as the person does not touch, harm, or cause to be moved any storage container containing, or chemical processing equipment of, a release security issue chemical.”

(c) Section 229F of 18 USC is amended by adding at the end:

“(10) Covered Facility Under 6 CFR Part 27 – The term “covered facility under 6 CFR Part 27” means a facility that has been provided with a tiering letter in accordance with 6 CFR 27.200(a);

“(11) Release Security Issue Chemical – The term “release security issue chemical’ means any chemical listed in Appendix A to 6 CFR part 27 that is listed as having a release security issue;

“(12) Theft Security Issue Chemical – The term “theft security issue chemical” means any chemical listed in Appendix A to 6 CFR part 27 that is listed as having a theft security issue.”