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






                                                       Calendar No. 764
107th CONGRESS
  2d Session
                                S. 1602

                          [Report No. 107-342]

   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, Mrs. Clinton, and 
Mr. Torricelli) introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

                           November 15, 2002

              Reported by Mr. Jeffords, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Chemical Security Act of 
2001''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds that--</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A)(i) reducing usage and storage of 
                chemicals by changing production methods and processes; 
                and</DELETED>
                <DELETED>    (ii) employing inherently safer 
                technologies in the manufacture, transport, and use of 
                chemicals;</DELETED>
                <DELETED>    (B) enhancing secondary containment and 
                other existing mitigation measures; and</DELETED>
                <DELETED>    (C) improving security.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Accidental release.--The term ``accidental 
        release'' means an unanticipated release of a substance of 
        concern from a chemical source.</DELETED>
        <DELETED>    (2) Administrator.--The term ``Administrator'' 
        means the Administrator of the Environmental Protection 
        Agency.</DELETED>
        <DELETED>    (3) Chemical source.--The term ``chemical source'' 
        means--</DELETED>
                <DELETED>    (A) a stationary source (as defined in 
                section 112(r)(2) of the Clean Air Act (42 U.S.C. 
                7412(r)(2)));</DELETED>
                <DELETED>    (B) a vessel;</DELETED>
                <DELETED>    (C) a motor vehicle;</DELETED>
                <DELETED>    (D) rolling stock; and</DELETED>
                <DELETED>    (E) a container;</DELETED>
        <DELETED>that contains a substance of concern.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (5) Criminal release.--The term ``criminal 
        release'' means--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (C) the unauthorized removal from a 
                chemical source of a substance of concern.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) making the chemical source 
                        highly resistant to intruders; and</DELETED>
                        <DELETED>    (ii) improving security and 
                        employee training, including personnel 
                        background checks; and</DELETED>
                <DELETED>    (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).</DELETED>
        <DELETED>    (8) Substance of concern.--The term ``substance of 
        concern'' means--</DELETED>
                <DELETED>    (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));</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (C) petroleum, including crude oil and any 
                fraction of crude oil.</DELETED>
        <DELETED>    (9) Use of inherently safer technology.--
        </DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (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.</DELETED>
                <DELETED>    (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--
                </DELETED>
                        <DELETED>    (i) use less hazardous substances 
                        or benign substances;</DELETED>
                        <DELETED>    (ii) use a smaller quantity of 
                        covered substances of concern;</DELETED>
                        <DELETED>    (iii) reduce hazardous pressures 
                        or temperatures;</DELETED>
                        <DELETED>    (iv) reduce the possibility and 
                        potential consequences of equipment failure and 
                        human error;</DELETED>
                        <DELETED>    (v) improve inventory control and 
                        chemical use efficiency; and</DELETED>
                        <DELETED>    (vi) reduce or eliminate storage, 
                        transportation, handling, disposal, and 
                        discharge of substances of concern.</DELETED>

<DELETED>SEC. 4. PREVENTION OF CRIMINAL RELEASES.</DELETED>

<DELETED>    (a) Designation and Regulation of High Priority 
Combinations by the Administrator.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Factors to be considered.--In designating high 
        priority categories under paragraph (1), the Administrator, in 
        consultation with the Attorney General, shall consider--
        </DELETED>
                <DELETED>    (A) the severity of the harm that could be 
                caused by an accidental release or a criminal 
                release;</DELETED>
                <DELETED>    (B) the proximity to population 
                centers;</DELETED>
                <DELETED>    (C) the threats to national 
                security;</DELETED>
                <DELETED>    (D) the threats to critical 
                infrastructure;</DELETED>
                <DELETED>    (E) threshold quantities of substances of 
                concern that pose a serious threat; and</DELETED>
                <DELETED>    (F) such other safety or security factors 
                as the Administrator, in consultation with the Attorney 
                General, determines to be appropriate.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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)--</DELETED>
        <DELETED>    (1) to identify hazards that may result from an 
        accidental release or a criminal release using appropriate 
        hazard assessment techniques;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (3) to minimize the consequences of any accidental 
        release or criminal release that does occur.</DELETED>

<DELETED>SEC. 5. ABATEMENT ACTION.</DELETED>

<DELETED>    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--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 6. RECORDKEEPING AND ENTRY.</DELETED>

<DELETED>    (a) Authority of the Administrator and Attorney General.--
</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) establish and maintain such 
                records;</DELETED>
                <DELETED>    (B) make such reports; and</DELETED>
                <DELETED>    (C) provide such other 
                information;</DELETED>
        <DELETED>as the Administrator or the Attorney General may 
        reasonably require.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) may at reasonable times have access 
                to, and may copy, any records, reports, or other 
                information required under paragraph (1).</DELETED>
<DELETED>    (b) Availability of Records, Reports, and Information to 
Public; Disclosure of National Security Secrets or Trade Secrets.--
</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Trade secrets.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (c) Compliance Orders.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 7. PENALTIES.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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--
</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 8. NO EFFECT ON REQUIREMENTS UNDER OTHER LAW.</DELETED>

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

<DELETED>SEC. 9. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Chemical Security Act of 2002''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the chemical industry is a crucial part of the critical 
        infrastructure of the United States--
                    (A) in its own right; and
                    (B) because that industry supplies resources 
                essential to the functioning of other critical 
                infrastructures;
            (2) the possibility of 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;
            (3) 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
            (4) 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) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Chemical source.--The term ``chemical source'' means a 
        stationary source (as defined in section 112(r)(2) of the Clean 
        Air Act (42 U.S.C. 7412(r)(2))) that contains a substance of 
        concern.
            (3) Covered substance of concern.--The term ``covered 
        substance of concern'' means a substance of concern that, in 
        combination with a chemical source and other factors, is 
        designated as a high priority category by the Administrator 
        under section 4(a)(1).
            (4) Employee.--The term ``employee'' means--
                    (A) a duly recognized collective bargaining 
                representative at a chemical source; or
                    (B) in the absence of such a representative, other 
                appropriate personnel.
            (5) Head of the office.--The term ``head of the Office'' 
        means the head of the Office of Homeland Security (or a 
        successor agency).
            (6) 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 
                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 
                by implementing security measures; 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).
            (7) Security measure.--
                    (A) In general.--The term ``security measure'' 
                means an action carried out to increase the security of 
                a chemical source.
                    (B) Inclusions.--The term ``security measure'', 
                with respect to a chemical source, includes--
                            (i) employee training and background 
                        checks;
                            (ii) the limitation and prevention of 
                        access to controls of the chemical source;
                            (iii) protection of the perimeter of the 
                        chemical source;
                            (iv) the installation and operation of an 
                        intrusion detection sensor; and
                            (v) a measure to increase computer or 
                        computer network security.
            (8) Substance of concern.--The term ``substance of 
        concern'' means--
                    (A) any regulated substance (as defined in section 
                112(r) of the Clean Air Act (42 U.S.C. 7412(r))); and
                    (B) any substance designated by the Administrator 
                under section 4(a).
            (9) Unauthorized release.--The term ``unauthorized 
        release'' means--
                    (A) a release from a chemical source into the 
                environment of a covered substance of concern that is 
                caused, in whole or in part, by a criminal act;
                    (B) a release into the environment of a covered 
                substance of concern that has been removed from a 
                chemical source, in whole or in part, by a criminal 
                act; and
                    (C) a release or removal from a chemical source of 
                a covered substance of concern that is unauthorized by 
                the owner or operator of the chemical source.
            (10) 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. DESIGNATION OF AND REQUIREMENTS FOR HIGH PRIORITY CATEGORIES.

    (a) Designation and Regulation of High Priority Categories 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 head of the Office and State and local agencies responsible 
        for planning for and responding to unauthorized 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 unauthorized release from 
        the chemical sources.
            (2) Factors to be considered.--In designating high priority 
        categories under paragraph (1), the Administrator, in 
        consultation with the head of the Office, shall consider--
                    (A) the severity of the harm that could be caused 
                by an unauthorized 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 head of the 
                Office, determines to be appropriate.
            (3) Requirements for high priority categories.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, the Administrator, in 
                consultation with the head of the Office, the United 
                States Chemical Safety and Hazard Investigation Board, 
                and State and local agencies described in paragraph 
                (1), 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), 
                in consultation with local law enforcement, first 
                responders, and employees, to--
                            (i) conduct an assessment of the 
                        vulnerability of the chemical source to a 
                        terrorist attack or other unauthorized release;
                            (ii) using appropriate hazard assessment 
                        techniques, identify hazards that may result 
                        from an unauthorized release of a covered 
                        substance of concern; and
                            (iii) prepare a prevention, preparedness, 
                        and response plan that incorporates the results 
                        of those vulnerability and hazard assessments.
                    (B) Actions and procedures.--A prevention, 
                preparedness, and response plan required under 
                subparagraph (A)(iii) shall include actions and 
                procedures, including safer design and maintenance of 
                the chemical source, to eliminate or significantly 
                lessen the potential consequences of an unauthorized 
                release of a covered substance of concern.
                    (C) Threat information.--To the maximum extent 
                permitted by applicable authorities and the interests 
                of national security, the head of the Office, in 
                consultation with the Administrator, shall provide 
                owners and operators of chemical sources with threat 
                information relevant to the assessments and plans 
                required under subsection (b).
            (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 head 
        of the Office, shall review the regulations and make any 
        necessary revisions.
            (5) Addition of substances of concern.--For the purpose of 
        designating high priority categories under paragraph (1) or any 
        subsequent revision of the regulations promulgated under 
        paragraph (1), the Administrator, in consultation with the head 
        of the Office, may designate additional substances that pose a 
        serious threat as substances of concern.
    (b) Certification.--
            (1) Vulnerability and hazard assessments.--Not later than 1 
        year after the date of promulgation of regulations under 
        subsection (a)(3), each owner and each operator of a chemical 
        source that is within a high priority category designated under 
        subsection (a)(1) shall--
                    (A) certify to the Administrator that the chemical 
                source has conducted assessments in accordance with the 
                regulations; and
                    (B) submit to the Administrator written copies of 
                the assessments.
            (2) Prevention, preparedness, and response plans.--Not 
        later than 18 months after the date of promulgation of 
        regulations under subsection (a)(3), the owner or operator 
        shall--
                    (A) certify to the Administrator that the chemical 
                source has completed a prevention, preparedness, and 
                response plan that incorporates the results of the 
                assessments and complies with the regulations; and
                    (B) submit to the Administrator a written copy of 
                the plan.
            (3) 5-year review.--Not later than 5 years after each of 
        the date of submission of a copy of an assessment under 
        paragraph (1) and a plan under paragraph (2), and not less 
        often than every 3 years thereafter, the owner or operator of 
        the chemical source covered by the assessment or plan, in 
        coordination with local law enforcement and first responders, 
        shall--
                    (A) review the adequacy of the assessment or plan, 
                as the case may be; and
                    (B)(i) certify to the Administrator that the 
                chemical source has completed the review; and
                    (ii) as appropriate, submit to the Administrator 
                any changes to the assessment or plan.
            (4) Protection of information.--
                    (A) Disclosure exemption.--Except with respect to 
                certifications specified in paragraphs (1) through (3) 
                of this subsection and section 5(a), all information 
                provided to the Administrator under this subsection, 
                and all information derived from that information, 
                shall be exempt from disclosure under section 552 of 
                title 5, United States Code.
                    (B) Development of protocols.--
                            (i) In general.--The Administrator, in 
                        consultation with the head of the Office, shall 
                        develop such protocols as are necessary to 
                        protect the copies of the assessments and plans 
                        required to be submitted under this subsection 
                        (including the information contained in those 
                        assessments and plans) from unauthorized 
                        disclosure.
                            (ii) Requirements.--The protocols developed 
                        under clause (i) shall ensure that--
                                    (I) each copy of an assessment or 
                                plan, and all information contained in 
                                or derived from the assessment or plan, 
                                is maintained in a secure location;
                                    (II) except as provided in 
                                subparagraph (C), only individuals 
                                designated by the Administrator may 
                                have access to the copies of the 
                                assessments and plans; and
                                    (III) no copy of an assessment or 
                                plan or any portion of an assessment or 
                                plan, and no information contained in 
                                or derived from an assessment or plan, 
                                shall be available to any person other 
                                than an individual designated by the 
                                Administrator.
                            (iii) Deadline.--As soon as practicable, 
                        but not later than 1 year after the date of 
                        enactment of this Act, the Administrator shall 
                        complete the development of protocols under 
                        clause (i) so as to ensure that the protocols 
                        are in place before the date on which the 
                        Administrator receives any assessment or plan 
                        under this subsection.
                    (C) Federal officers and employees.--An individual 
                referred to in subparagraph (B)(ii) who is an officer 
                or employee of the United States may discuss with a 
                State or local official the contents of an assessment 
                or plan described in that subparagraph.

SEC. 5. ENFORCEMENT.

    (a) Review of Plans.--
            (1) In general.--The Administrator, in consultation with 
        the head of the Office, shall review each assessment and plan 
        submitted under section 4(b) to determine the compliance of the 
        chemical source covered by the assessment or plan with 
        regulations promulgated under paragraphs (1) and (3) of section 
        4(a).
            (2) Certification of compliance.--
                    (A) In general.--The Administrator shall certify in 
                writing each determination of the Administrator under 
                paragraph (1).
                    (B) Inclusions.--A certification of the 
                Administrator shall include a checklist indicating 
                consideration by a chemical source of the use of 4 
                elements of safer design and maintenance described in 
                subparagraphs (A) through (D) of section 3(6).
                    (C) Early compliance.--
                            (i) In general.--The Administrator, in 
                        consultation with the head of the Office, 
                        shall--
                                    (I) before the date of publication 
                                of proposed regulations under section 
                                4(a)(3), review each assessment or plan 
                                submitted to the Administrator under 
                                section 4(b); and
                                    (II) before the date of 
                                promulgation of final regulations under 
                                section 4(a)(3), determine whether each 
                                such assessment or plan meets the 
                                consultation, planning, and assessment 
                                requirements applicable to high 
                                priority categories under section 
                                4(a)(3).
                            (ii) Affirmative determination.--If the 
                        Administrator, in consultation with the head of 
                        the Office, makes an affirmative determination 
                        under clause (i)(II), the Administrator shall 
                        certify compliance of an assessment or plan 
                        described in that clause without requiring any 
revision of the assessment or plan.
                    (D) Schedule for review and certification.--
                            (i) In general.--The Administrator, after 
                        taking into consideration the factors described 
                        in section 4(a)(2), shall establish a schedule 
                        for the review and certification of assessments 
                        and plans submitted under section 4(b).
                            (ii) Deadline for completion.--Not later 
                        than 3 years after the deadlines for the 
                        submission of assessments and plans under 
                        paragraph (1) or (2), respectively, of section 
                        4(b), the Administrator shall complete the 
                        review and certification of all assessments and 
                        plans submitted under those sections.
    (b) Compliance Assistance.--
            (1) Definition of determination.--In this subsection, the 
        term ``determination'' means a determination by the 
        Administrator that, with respect to an assessment or plan 
        described in section 4(b)--
                    (A) the assessment or plan does not comply with 
                regulations promulgated under paragraphs (1) and (3) of 
                section 4(a); or
                    (B)(i) a threat exists beyond the scope of the 
                submitted plan; or
                    (ii) current implementation of the plan is 
                insufficient to address--
                            (I) the results of an assessment of a 
                        source; or
                            (II) a threat described in clause (i).
            (2) Determination by administrator.--If the Administrator, 
        after consultation with the head of the Office, makes a 
        determination, the Administrator shall--
                    (A) notify the chemical source of the 
                determination; and
                    (B) provide such advice and technical assistance, 
                in coordination with the head of the Office and the 
                United States Chemical Safety and Hazard Investigation 
                Board, as is appropriate--
                            (i) to bring the assessment or plan of a 
                        chemical source described in section 4(b) into 
                        compliance; or
                            (ii) to address any threat described in 
                        clause (i) or (ii) of paragraph (1)(B).
    (c) Compliance Orders.--
            (1) In general.--If, after the date that is 30 days after 
        the later of the date on which the Administrator first provides 
        assistance, or a chemical source receives notice, under 
        subsection (b)(2)(B), a chemical source has not brought an 
        assessment or plan for which the assistance is provided into 
        compliance with regulations promulgated under paragraphs (1) 
        and (3) of section 4(a), or the chemical source has not 
        complied with an entry or information request under section 6, 
        the Administrator may issue an order directing compliance by 
        the chemical source.
            (2) Notice and opportunity for hearing.--An order under 
        paragraph (1) may be issued only after notice and opportunity 
        for a hearing.
    (d) Abatement Action.--
            (1) In general.--Notwithstanding a certification under 
        section 5(a)(2), if the head of the Office, in consultation 
        with local law enforcement officials and first responders, 
        determines that a threat of a terrorist attack exists that is 
        beyond the scope of a submitted prevention, preparedness, and 
        response plan of 1 or more chemical sources, or current 
        implementation of the plan is insufficient to address the 
        results of an assessment of a source or a threat described in 
        subsection (b)(1)(B)(i), the head of the Office shall notify 
        each chemical source of the elevated threat.
            (2) Insufficient response.--If the head of the Office 
        determines that a chemical source has not taken appropriate 
        action in response to a notification under paragraph (1), the 
        head of the Office shall notify the chemical source, the 
        Administrator, and the Attorney General that actions taken by 
        the chemical source in response to the notification are 
        insufficient.
            (3) Relief.--
                    (A) In general.--On receipt of a notification under 
                paragraph (2), the Administrator or the Attorney 
                General may secure such relief as is necessary to abate 
                a threat described in paragraph (1), including such 
                orders as are necessary to protect public health or 
                welfare.
                    (B) Jurisdiction.--The district court of the United 
                States for the district in which a threat described in 
                paragraph (1) occurs shall have jurisdiction to grant 
                such relief as the Administrator or Attorney General 
                requests under subparagraph (A).

SEC. 6. RECORDKEEPING AND ENTRY.

    (a) Records Maintenance.--A chemical source that is required to 
certify to the Administrator assessments and plans under section 4 
shall maintain on the premises of the chemical source a current copy of 
those assessments and plans.
    (b) Right of Entry.--In carrying out this Act, the Administrator 
(or an authorized representative of the Administrator), on presentation 
of credentials--
            (1) shall have a right of entry to, on, or through any 
        premises of an owner or operator of a chemical source described 
        in subsection (a) or any premises in which any records required 
        to be maintained under subsection (a) are located; and
            (2) may at reasonable times have access to, and may copy, 
        any records, reports, or other information described in 
        subsection (a).
    (c) Information Requests.--In carrying out this Act, the 
Administrator may require any chemical source to provide such 
information as is necessary to--
            (1) enforce this Act; and
            (2) promulgate or enforce regulations under this Act.

SEC. 7. PENALTIES.

    (a) Civil Penalties.--Any owner or operator of a chemical source 
that violates, or fails to comply with, any order issued 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 
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.
    (c) Administrative Penalties.--
            (1) Penalty orders.--If the amount of a civil penalty 
        determined under subsection (a) does not exceed $125,000, the 
        penalty may be assessed in an order issued by the 
        Administrator.
            (2) Notice and hearing.--Before issuing an order described 
        in paragraph (1), the Administrator shall provide to the person 
        against which the penalty is to be assessed--
                    (A) written notice of the proposed order; and
                    (B) the opportunity to request, not later than 30 
                days after the date on which the notice is received by 
                the person, a hearing on the proposed order.

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.




                                                       Calendar No. 764

107th CONGRESS

  2d Session

                                S. 1602

                          [Report No. 107-342]

_______________________________________________________________________

                                 A BILL

       To help the public against the threat of chemical attacks.

_______________________________________________________________________

                           November 15, 2002

                       Reported with an amendment