[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.
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