3.0.0 2145 2023-01-13T04:49:17Z 2023-01-13T04:49:17Z Senate S S 2005-12-19 109 ssga00 Homeland Security and Governmental Affairs Committee Senate Standing Reported by 2006-06-26T19:04:10Z Markup by 2006-06-15T18:22:33Z Referred to 2005-12-20T00:44:25Z S. Rept. 109-332 Chemical Facility Anti-Terrorism Act of 2006 109 5695 HR 2006-11-17 House Committee on Energy and Commerce Granted an extension for further consideration ending not later than Dec. 8, 2006. Related bill CRS Related bill House Chemical Facility Anti-Terrorism Act of 2006 109 4999 HR 2006-04-24 Referred to the Subcommittee on Economic Security, Infrastructure Protection, and Cybersecurity. Identical bill CRS 2006-09-11 ssga00 Homeland Security and Governmental Affairs Committee Senate By Senator Collins from Committee on Homeland Security and Governmental Affairs filed written report. Report No. 109-332. Additional views filed. Floor 2006-09-11 By Senator Collins from Committee on Homeland Security and Governmental Affairs filed written report. Report No. 109-332. Additional views filed. Committee 14900 9 Library of Congress ssga00 Homeland Security and Governmental Affairs Committee 2006-06-26 Senate Placed on Senate Legislative Calendar under General Orders. Calendar No. 495. Calendars 2006-06-26 ssga00 Homeland Security and Governmental Affairs Committee Senate Committee on Homeland Security and Governmental Affairs. Reported by Senator Collins with an amendment in the nature of a substitute. Without written report. Committee 2006-06-26 Committee on Homeland Security and Governmental Affairs. Reported by Senator Collins with an amendment in the nature of a substitute. Without written report. Committee 14000 9 Library of Congress ssga00 Homeland Security and Governmental Affairs Committee 2006-06-15 ssga00 Homeland Security and Governmental Affairs Committee Senate Committee on Homeland Security and Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably. Committee 2006-06-14 ssga00 Homeland Security and Governmental Affairs Committee Senate Committee on Homeland Security and Governmental Affairs. Committee consideration and Mark Up Session held. Committee 2005-12-19 ssga00 Homeland Security and Governmental Affairs Committee Senate Read twice and referred to the Committee on Homeland Security and Governmental Affairs. IntroReferral 2005-12-19 Sponsor introductory remarks on measure. (CR S14065-14067) IntroReferral B00100 9 Library of Congress 2005-12-19 Introduced in Senate IntroReferral 10000 9 Library of Congress C001035 Sen. Collins, Susan M. [R-ME] Susan Collins R ME M. N L000304 Sen. Lieberman, Joseph I. [D-CT] JOSEPH LIEBERMAN D CT I. 2005-12-19 True C001057 Sen. Coleman, Norm [R-MN] Norm Coleman R MN 2005-12-19 True C000174 Sen. Carper, Thomas R. [D-DE] Thomas Carper D DE R. 2005-12-19 True L000261 Sen. Levin, Carl [D-MI] CARL LEVIN D MI MILTON 2005-12-19 True C001042 Sen. Corzine, Jon S. [D-NJ] JON CORZINE D NJ S. 2005-12-21 False S001163 Sen. Salazar, Ken [D-CO] Ken Salazar D CO 2006-06-20 False S000148 Sen. Schumer, Charles E. [D-NY] Charles Schumer D NY E. 2006-07-21 False 2006-07-25T04:00:00Z S. 2145, Chemical Facilities Anti-Terrorism Act of 2006 http://www.cbo.gov/publication/17996 <p>Cost estimate for the bill as reported by the Senate Committee on Homeland Security and Governmental Affairs on June 26, 2006</p> 2006-07-25T04:00:00Z S. 2145, Chemical Facilities Anti-Terrorism Act of 2006 https://www.cbo.gov/publication/17996 Cost estimate for the bill as reported by the Senate Committee on Homeland Security and Governmental Affairs on June 26, 2006 Emergency Management Administrative procedure Ammonia Armed Forces and National Security Auditing Business records Chemical industries Chemicals Civil Rights and Liberties, Minority Issues Civil actions and liability Commerce Computer security measures Congress Congressional investigations Congressional reporting requirements Crime and Law Enforcement Criminal investigation Department of Homeland Security Emergency communication systems Employee training Environmental Protection Evacuation of civilians Executive reorganization Explosives Federal employees Finance and Financial Sector Fines (Penalties) Freedom of information Government Operations and Politics Government paperwork Government publicity Identification devices Industrial buildings Infrastructure Infrastructure (Economics) Injunctions Labor and Employment Law Misconduct in office Nitrates Planning Risk Science, Technology, Communications Searches and seizures Security measures Standards Storage Terrorism Emergency Management 00 2005-12-19 Introduced in Senate 2006-02-24T16:43:43Z Chemical Facility Anti-Terrorism Act of 2005 - Requires the Secretary of Homeland Security to: (1) establish criteria for designating chemical sources, using specified risk factors, and evaluating the types of facilities (other than Department of Defense or Department of Energy facilities) in consideration; and (2) designate chemical sources already in existence.

Directs the Secretary to promulgate rules establishing a risk-based tier system of chemical sources, based on such criteria, which enables a chemical source to develop appropriate site-specific measures to meet the security performance standards established for the applicable tier. Requires such rules to provide guidance to the chemical source owner or operator on steps that would enable the source to move to a lower risk tier.

Directs the Secretary to promulgate regulations that require chemical source owners or operators to make vulnerability assessments, site security plans, and emergency response plans.

Requires chemical sources regulated under the Maritime Transportation Security Act (MTSA-regulated facilities) to comply with this Act.

Requires the Secretary to establish an office under the Assistant Secretary for Infrastructure Protection that shall be responsible for implementing and enforcing this Act.

Directs the Secretary to establish in each Federal Emergency Management Agency (FEMA) Region an Infrastructure Protection Regional Security Office.

Establishes Area Security Committees for geographic areas designated by the Secretary, which shall prepare Area Security Plans for the Secretary's approval.

Directs the Secretary to conduct drills and exercises periodically in each area for which an Area Security Plan is required and under the site security plan and emergency response plans of relevant chemical sources.

Authorizes the Secretary to order mandatory security measures for a chemical source if the Secretary determines that additional measures are necessary to respond to a threat assessment or to a specific threat against the chemical sector.

Prescribes administrative, civil, and criminal penalties for failure to comply with an order or directive issued by the Secretary under this Act or with a site security plan.

]]> 01 2006-06-26 Reported to Senate with amendment(s) 2006-09-29T22:09:20Z Chemical Facility Anti-Terrorism Act of 2006 - (Sec. 3) Requires the Secretary of Homeland Security to: (1) establish criteria for designating chemical sources using specified risk factors and evaluating types of facilities; (2) designate existing chemical sources; and (3) promulgate rules establishing a risk-based tier system of chemical sources that enables a source to develop appropriate site-specific measures to meet the security performance standards for the applicable tier. Requires such rules to provide guidance on steps that would enable the source to move to a lower risk tier.

(Sec. 4) Directs the Secretary to: (1) promulgate regulations that require chemical source owners to make vulnerability assessments, site security plans, and emergency response plans; (2) provide state and local officials and a source owner with relevant threat information; (3) provide guidance to assist source owners in complying with this Act; and (4) review assessments and plans to determine compliance and provide written notice regarding compliance to owners.

Prohibits the Secretary from disapproving a site security plan based on the presence or absence of a particular security measure if it satisfies the security performance standards established for the applicable tier. Provides for temporary security measures.

Permits the development and implementation of coordinated assessments and plans if more than one chemical source is operating at a single location or at contiguous locations. Requires site security plans to include security measures that, in combination, are sufficient to deter a terrorist incident or a substantial threat of such an incident and that increase the security of automated systems.

Requires chemical sources regulated under the Maritime Transportation Security Act to comply with this Act.

(Sec. 5) Requires the owner of a chemical source to retain a copy of the vulnerability assessment, site security plan, and emergency response plan for at least five years after approval by the Secretary. Grants the Secretary the right to enter the premises of a chemical source and any premises on which a required record is located. Requires the Secretary to conduct facility security audits and inspections to ensure and evaluate compliance with this Act.

Requires the Secretary to conduct annual audits or inspections of higher-risk-tier sources. Permits the Secretary to exempt a source from annual audits or inspections if the source has been found in compliance for five consecutive years.

(Sec. 6) Requires the Secretary to: (1) provide the necessary infrastructure, leadership, technical assistance, guidance, and accountability for security planning and response in areas surrounding chemical sources; (2) coordinate with other federal area security and response committees to provide a unified and effective federal effort; and (3) establish an office under the Assistant Secretary for Infrastructure Protection that shall be responsible for implementing and enforcing this Act.

Directs the Secretary to: (1) establish in each Federal Emergency Management Agency (FEMA) Region an Infrastructure Protection Regional Security Office; (2) designate geographic areas for Area Security Committees which shall prepare Area Security Plans for the Secretary's approval; (3) review Area Security Plans; (4) conduct drills and exercises, including full functional and communications exercises of security and response capability in each area for which an Area Security Plan is required and under the site security plan and emergency response plans of relevant chemical sources; and (5) publish annual reports on such drills.

(Sec. 7) Authorizes the Secretary to order an owner to implement heightened security measures for a chemical source if necessary to respond to a threat assessment or to a specific threat against the chemical sector. Limits the period of the order to 90 days, subject to extensions.

(Sec. 8) Prescribes administrative and civil penalties for failure to comply with an order or directive or with a site security plan. Requires an owner to knowingly and willfully violate an order, or fail to comply with a plan, to be subject to criminal penalties.

(Sec. 9) Provides that the Department of Homeland Security (DHS) shall not be required to make protected information available to the public under the Freedom of Information Act (FOIA). Requires any other federal agency to refer any FOIA request for protected information to DHS. Provides that no state or local government agency shall be required under any state or local law to make protected information available to the public. Makes specified certifications and orders exempt from disclosure to the public.

Authorizes the Secretary, upon determining that releasing a record regarding a particular chemical source would not increase the risk to the security of that source, to make the record available to the public under FOIA. Requires the Secretary to submit to the Comptroller General a detailed statement describing a record barred from public disclosure that identifies the chemical source, explains the basis for the Secretary's determination, and describes security measures being implemented by the source.

Requires the Secretary to: (1) issue a certificate of approval upon determining that a chemical source is in compliance with Act requirements; (2) submit to Congress a public report on the performance of chemical sources under the Act; and (3) establish confidentiality protocols for maintenance and use of records containing protected information. Requires such protocols to ensure that records are maintained in a secure location and that access is limited: (1) as necessary to enable enforcement of this Act or to address an imminent and substantial threat to security, health, safety, or the environment; (2) to state or local law enforcement officials, first responders, or other state or local government officials granted access for the purpose of carrying out this Act; and (3) to others granted access for the purpose of carrying out this Act.

Directs the Secretary to: (1) establish, and provide information to the public regarding, a process by which a person may submit a report to the Secretary regarding problems, deficiencies, or vulnerabilities at a chemical source; and (2) keep confidential the identity of a person who submits such a report, which shall be treated as a record containing protected information to the extent that it does not consist of publicly available information. Prohibits an employer from discriminating against any employee for making such a report. Directs the Comptroller General to: describe the problems, deficiencies, and vulnerabilities reported and evaluate the Secretary's efforts in addressing them.

Sets penalties for unauthorized disclosures of protected information. Prohibits the Government Accountability Office (GAO) from making protected information available to the public, except as provided under this Act.

(Sec. 10) Provides that nothing in this Act shall preclude a state or political subdivision thereof from adopting or enforcing any regulation respecting chemical facility security that is more stringent than a regulation in effect under this Act.

(Sec. 11) Directs the Secretary to submit to specified congressional committees an update of the national strategy for the chemical sector.

(Sec. 12) Directs the Secretary to provide GAO access to DHS documents or information required under this Act. Requires GAO, each January 1, to report to specified congressional committees on whether site security plans, vulnerability assessments, and emergency response plans are in compliance with this Act.

(Sec. 13) Sets forth provisions regarding judicial actions challenging regulations and agency actions under this Act.

(Sec. 14) Secure Handling of Ammonium Nitrate Act of 2006 - Directs the Secretary to regulate the handling and purchase of ammonium nitrate to prevent its misappropriation or use in violation of the law.

Requires the Secretary to require: (1) handlers to register facilities, sell or distribute ammonium nitrate only to handlers and purchasers registered under this section, and maintain records of sale or distribution that include the name, address, telephone number, and registration number of the immediate subsequent purchaser; and (2) purchasers to be registered. Authorizes the Secretary to establish a process for periodic monitoring or auditing of handler records to determine compliance with such requirements.

Sets forth penalties for violations. Grants the U.S. district courts exclusive jurisdiction over any action for civil damages against a handler for any harm or damage resulting from the use of ammonium nitrate in violation of law.

(Sec. 15) Authorizes appropriations.

]]> Chemical Facility Anti-Terrorism Act of 2006 Display Title Chemical Facility Anti-Terrorism Act of 2006 Official Title as Introduced A bill to enhance security and protect against terrorist attacks at chemical facilities. Introduced in Senate IS Short Titles as Introduced Chemical Facility Anti-Terrorism Act of 2005 Short Titles as Reported to Senate Chemical Facility Anti-Terrorism Act of 2006 S Senate Short Titles as Reported to Senate for portions of this bill Secure Handling of Ammonium Nitrate Act of 2006 S Senate Reported to Senate 2006-06-26T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-109s2145rs/xml/BILLS-109s2145rs.xml Introduced in Senate 2005-12-19T05:00:00Z 2006-09-11 By Senator Collins from Committee on Homeland Security and Governmental Affairs filed written report. Report No. 109-332. Additional views filed. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.