[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1602 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1602

   To help protect the public against the threat of chemical attacks.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 31, 2001

 Mr. Corzine (for himself, Mr. Jeffords, Mrs. Boxer, and Mrs. Clinton) 
introduced the following bill; which was read twice and referred to the 
               Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
   To help protect the public against the threat of chemical attacks.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Chemical Security Act of 2001''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the possibility of accidents at, and terrorist and 
        criminal attacks on, chemical sources (such as industrial 
        facilities) poses a serious threat to public health, safety, 
        and welfare, critical infrastructure, national security, and 
        the environment;
            (2) the possibility of theft of dangerous chemicals from 
        chemical sources for use in terrorist attacks poses a further 
        threat to public health, safety, and welfare, critical 
        infrastructure, national security, and the environment; and
            (3) there are significant opportunities to prevent theft 
        from, and criminal attack on, chemical sources and reduce the 
        harm that such acts would produce by--
                    (A)(i) reducing usage and storage of chemicals by 
                changing production methods and processes; and
                    (ii) employing inherently safer technologies in the 
                manufacture, transport, and use of chemicals;
                    (B) enhancing secondary containment and other 
                existing mitigation measures; and
                    (C) improving security.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Accidental release.--The term ``accidental release'' 
        means an unanticipated release of a substance of concern from a 
        chemical source.
            (2) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (3) Chemical source.--The term ``chemical source'' means--
                    (A) a stationary source (as defined in section 
                112(r)(2) of the Clean Air Act (42 U.S.C. 7412(r)(2)));
                    (B) a vessel;
                    (C) a motor vehicle;
                    (D) rolling stock; and
                    (E) a container;
        that contains a substance of concern.
            (4) Covered substance of concern.--The term ``covered 
        substance of concern'' means a substance of concern that, in 
        combination with a chemical source, is designated as a high 
        priority category by the Administrator under section 4(a)(1).
            (5) Criminal release.--The term ``criminal release'' 
        means--
                    (A) a release from a chemical source into the 
                environment of a substance of concern that is caused, 
                in whole or in part, by a criminal act;
                    (B) a release into the environment of a substance 
                of concern that has been removed from a chemical 
                source, in whole or in part, by a criminal act; and
                    (C) the unauthorized removal from a chemical source 
                of a substance of concern.
            (6) Person.--The term ``person'' has the meaning given the 
        term in section 101 of the Comprehensive Environmental 
        Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
        9601).
            (7) Safer design and maintenance.--The term ``safer design 
        and maintenance'' includes, with respect to a chemical source 
        that is within a high priority category designated under 
        section 4(a)(1), implementation, to the extent practicable, of 
        the practices of--
                    (A) preventing or reducing the vulnerability of the 
                chemical source to a release of a covered substance of 
                concern through use of inherently safer technology;
                    (B) reducing any vulnerability of the chemical 
                source to a release of a covered substance of concern 
                that remains after taking the measures described in 
                subparagraph (A) through use of well-maintained 
                secondary containment, control, or mitigation 
                equipment;
                    (C) reducing any vulnerability of the chemical 
                source to a release of a covered substance of concern 
                that remains after taking the measures described in 
                subparagraphs (A) and (B) by--
                            (i) making the chemical source highly 
                        resistant to intruders; and
                            (ii) improving security and employee 
                        training, including personnel background 
                        checks; and
                    (D) reducing the potential consequences of any 
                vulnerability of the chemical source to a release of a 
                covered substance of concern through the use of buffer 
                zones between the chemical source and surrounding 
                populations (including buffer zones between the 
                chemical source and residences, schools, hospitals, 
                senior centers, shopping centers and malls, sports and 
                entertainment arenas, public roads and transportation 
                routes, and other population centers).
            (8) Substance of concern.--The term ``substance of 
        concern'' means--
                    (A) any hazardous substance (as defined in section 
                101 of the Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980 (42 U.S.C. 
                9601));
                    (B) any pollutant or contaminant (as defined in 
                section 101 of the Comprehensive Environmental 
                Response, Compensation, and Liability Act of 1980 (42 
                U.S.C. 9601)); and
                    (C) petroleum, including crude oil and any fraction 
                of crude oil.
            (9) Use of inherently safer technology.--
                    (A) In general.--The term ``use of inherently safer 
                technology'', with respect to a chemical source, means 
                use of a technology, product, raw material, or practice 
                that, as compared with the technologies, products, raw 
                materials, or practices currently in use--
                            (i) reduces or eliminates the possibility 
                        of a release of a substance of concern from the 
                        chemical source prior to secondary containment, 
                        control, or mitigation; and
                            (ii) reduces or eliminates the threats to 
                        public health and the environment associated 
                        with a release or potential release of a 
                        substance of concern from the chemical source.
                    (B) Inclusions.--The term ``use of inherently safer 
                technology'' includes input substitution, catalyst or 
                carrier substitution, process redesign (including reuse 
                or recycling of a substance of concern), product 
                reformulation, procedure simplification, and technology 
                modification so as to--
                            (i) use less hazardous substances or benign 
                        substances;
                            (ii) use a smaller quantity of covered 
                        substances of concern;
                            (iii) reduce hazardous pressures or 
                        temperatures;
                            (iv) reduce the possibility and potential 
                        consequences of equipment failure and human 
                        error;
                            (v) improve inventory control and chemical 
                        use efficiency; and
                            (vi) reduce or eliminate storage, 
                        transportation, handling, disposal, and 
                        discharge of substances of concern.

SEC. 4. PREVENTION OF CRIMINAL RELEASES.

    (a) Designation and Regulation of High Priority Combinations by the 
Administrator.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Administrator, in consultation with 
        the Attorney General and State and local agencies responsible 
        for planning for and responding to accidental releases and 
        criminal releases and providing emergency health care, shall 
        promulgate regulations to designate certain combinations of 
        chemical sources and substances of concern as high priority 
        categories based on the severity of the threat posed by an 
        accidental release or criminal release from the chemical 
        sources.
            (2) Factors to be considered.--In designating high priority 
        categories under paragraph (1), the Administrator, in 
        consultation with the Attorney General, shall consider--
                    (A) the severity of the harm that could be caused 
                by an accidental release or a criminal release;
                    (B) the proximity to population centers;
                    (C) the threats to national security;
                    (D) the threats to critical infrastructure;
                    (E) threshold quantities of substances of concern 
                that pose a serious threat; and
                    (F) such other safety or security factors as the 
                Administrator, in consultation with the Attorney 
                General, determines to be appropriate.
            (3) Requirements for high priority categories.--Not later 
        than 1 year after the date of promulgation of regulations under 
        paragraph (1), the Administrator, in consultation with the 
        Attorney General and State and local agencies responsible for 
        responding to accidental releases and emergency health care, 
        shall promulgate regulations to require each owner and each 
        operator of a chemical source that is within a high priority 
        category designated under paragraph (1) to take adequate 
        actions, including safer design and maintenance of the chemical 
        source, to prevent, control, and minimize the potential 
        consequences of an accidental release or a criminal release of 
        a covered substance of concern.
            (4) Review and revisions.--Not later than 5 years after the 
        date of promulgation of regulations under each of paragraphs 
        (1) and (3), the Administrator, in consultation with the 
        Attorney General, shall review the regulations and make any 
        necessary revisions.
    (b) Establishment of Duty To Prevent Criminal Releases.--Each owner 
and each operator of a chemical source that is within a high priority 
category designated under subsection (a) has a general duty with 
respect to covered substances of concern in the same manner and to the 
same extent as the duty imposed under section 5 of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 654)--
            (1) to identify hazards that may result from an accidental 
        release or a criminal release using appropriate hazard 
        assessment techniques;
            (2) to ensure safer design and maintenance of the chemical 
        source by taking such actions as are necessary to prevent 
        accidental releases and criminal releases; and
            (3) to minimize the consequences of any accidental release 
        or criminal release that does occur.

SEC. 5. ABATEMENT ACTION.

    In addition to any other action taken by a State or local 
government, if the Administrator or the Attorney General determines 
that there may be an imminent and substantial endangerment to the 
public health or welfare or the environment because of a potential 
accidental release or criminal release from a chemical source, or a 
failure to provide information or access requested under section 6, the 
Administrator or the Attorney General may--
            (1) secure such relief as is necessary to abate such danger 
        or threat, and the district court of the United States for the 
        district in which the threat occurs shall have jurisdiction to 
        grant such relief as the public interest and the equities of 
        the case may require; or
            (2) after notice to the affected State, take other action 
        under this section, including issuing such orders as are 
        necessary to protect public health or welfare or the 
        environment.

SEC. 6. RECORDKEEPING AND ENTRY.

    (a) Authority of the Administrator and Attorney General.--
            (1) Records, reports, and information.--In carrying out 
        this Act, the Administrator or the Attorney General may require 
        any person that the Administrator or the Attorney General 
        believes may have information relating to a potential 
        accidental release or criminal release from a chemical source, 
        or any person that is subject to any requirement of this Act, 
        on a 1-time, periodic, or continuing basis to--
                    (A) establish and maintain such records;
                    (B) make such reports; and
                    (C) provide such other information;
        as the Administrator or the Attorney General may reasonably 
        require.
            (2) Right of entry.--In carrying out this Act, the 
        Administrator or the Attorney General (or an authorized 
        representative of the Administrator or the Attorney General), 
        on presentation of credentials--
                    (A) shall have a right of entry to, on, or through 
                any premises of an owner or operator of a chemical 
                source described in paragraph (1) or any premises in 
                which any records required to be maintained under 
                paragraph (1) are located; and
                    (B) may at reasonable times have access to, and may 
                copy, any records, reports, or other information 
                required under paragraph (1).
    (b) Availability of Records, Reports, and Information to Public; 
Disclosure of National Security Secrets or Trade Secrets.--
            (1) In general.--Except as provided in paragraphs (2) and 
        (3), any record, report, or other information obtained under 
        subsection (a) shall be available to the public.
            (2) National security.--The Administrator or the Attorney 
        General may not disclose to the public any matter or 
        information authorized to be kept secret in the interest of 
        national defense or national security under section 552 of 
        title 5, United States Code.
            (3) Trade secrets.--
                    (A) In general.--On a showing satisfactory to the 
                Administrator or the Attorney General by any person 
                that the making public of any record, report, or other 
                information, or particular portion thereof, to which 
                the Administrator or the Attorney General has access 
                under subsection (a), would divulge any method or 
                process entitled to protection as a trade secret of the 
                person, the Administrator or the Attorney General shall 
                consider the record, report, or other information or 
                particular portion thereof to be confidential in 
                accordance with section 1905 of title 18, United States 
                Code.
                    (B) Disclosure for purposes of this act.--
                Notwithstanding subparagraph (A), the Administrator or 
                the Attorney General may disclose any record, report, 
                or other information considered to be confidential 
                under subparagraph (A) to any other officer, employee, 
                or authorized representative of the United States that 
                is concerned with carrying out this Act or when 
                relevant in any proceeding under this Act.
    (c) Compliance Orders.--
            (1) In general.--If a person does not consent to any 
        request made by the Administrator or the Attorney General (or 
        an authorized representative of the Administrator or the 
        Attorney General) under subsection (a), the Administrator or 
        the Attorney General may issue an order directing compliance 
        with the request.
            (2) Notice and opportunity for hearing.--An order under 
        paragraph (1) may be issued after such notice and opportunity 
        for hearing as are reasonably appropriate under the 
        circumstances.

SEC. 7. PENALTIES.

    (a) Civil Penalties.--Any owner or operator of a chemical source 
that violates, or fails to comply with, any order issued or any 
regulation promulgated under this Act may, in an action brought in 
United States district court, be subject to a civil penalty of not more 
than $25,000 for each day in which such violation occurs or such 
failure to comply continues.
    (b) Criminal Penalties.--Any owner or operator of a chemical source 
that knowingly violates, or fails to comply with, any order issued or 
any regulation promulgated under this Act shall--
            (1) in the case of a first violation or failure to comply, 
        be fined not less than $2,500 nor more than $25,000 per day of 
        violation, imprisoned not more than 1 year, or both; and
            (2) in the case of a subsequent violation or failure to 
        comply, be fined not more than $50,000 per day of violation, 
        imprisoned not more than 2 years, or both.

SEC. 8. NO EFFECT ON REQUIREMENTS UNDER OTHER LAW.

    Nothing in this Act affects any duty or other requirement imposed 
under any other Federal or State law.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.
                                 <all>