[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2579 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2579

  To amend the Clean Air Act to limit access to off-site consequence 
 analysis information in order to reduce the risk of criminal releases 
            from stationary sources, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 5, 2002

   Mr. Bond introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
  To amend the Clean Air Act to limit access to off-site consequence 
 analysis information in order to reduce the risk of criminal releases 
            from stationary sources, and for other purposes.

    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 ``Community Protection from Chemical 
Terrorism Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the nationwide threat of terrorist attacks has greatly 
        increased since September 11, 2001;
            (2) government-mandated publicly available information on 
        worst-case scenario accidents at chemical facilities provides a 
        blueprint that terrorists may use to plan and carry out 
        terrorist attacks;
            (3) improved protections are necessary to prevent 
        terrorists from using information described in paragraph (2) to 
        target and attack local communities; and
            (4) while communities have a right to know about the use of 
        chemicals in their communities, communities also have the right 
        not to allow terrorists to use such information to destroy the 
        communities.

SEC. 3. SAFE USAGE OF CHEMICAL INFORMATION.

    Section 112(r)(7) of the Clean Air Act (42 U.S.C. 7412(r)(7)) is 
amended by striking subparagraph (H) and inserting the following:
                    ``(H) Access to off-site consequence analysis 
                information.--
                            ``(i) Definitions.--In this subparagraph:
                                    ``(I) Criminal release.--The term 
                                `criminal release' means an emission of 
                                a regulated substance into the ambient 
                                air from a stationary source that is 
                                caused, in whole or in part, by a 
                                criminal act.
                                    ``(II) Distance to endpoint.--The 
                                term `distance to endpoint' means the 
                                radius of the area of an accidental 
                                release or a criminal release.
                                    ``(III) Member of the public.--The 
                                term `member of the public' means--
                                            ``(aa) an individual who is 
                                        not an official user; and
                                            ``(bb) an official user who 
                                        is not carrying out an official 
                                        use.
                                    ``(IV) Official use.--The term 
                                `official use' means an action of a 
                                Federal, State, or local government 
                                agency, or an entity referred to in 
                                subclause (V)(ee), that is intended to 
                                carry out a function necessary to 
                                prevent, plan for, or respond to an 
                                accidental release or a criminal 
                                release.
                                    ``(V) Official user.--The term 
                                `official user' means--
                                            ``(aa) an officer or 
                                        employee of the United States;
                                            ``(bb) an officer or 
                                        employee of an agent or 
                                        contractor of the United 
                                        States;
                                            ``(cc) an officer or 
                                        employee of a State or local 
                                        government;
                                            ``(dd) an officer or 
                                        employee of an agent or 
                                        contractor of a State or local 
                                        government; and
                                            ``(ee) an officer or 
                                        employee or an agent or 
                                        contractor of an entity that 
                                        has been given, by a State or 
                                        local government, 
                                        responsibility for preventing, 
                                        planning for, or responding to 
                                        accidental releases or criminal 
                                        releases.
                                    ``(VI) Off-site consequence 
                                analysis information.--The term `off-
                                site consequence analysis information' 
                                means--
                                            ``(aa) any information in a 
                                        risk management plan, including 
                                        in the executive summary of the 
                                        plan, that describes or 
                                        identifies, with respect to a 
                                        worst-case or alternative 
release scenario for a toxic release or flammable release--

                                                    ``(AA) the name, 
                                                physical state, or 
                                                concentration of a 
                                                chemical;

                                                    ``(BB) the quantity 
                                                released, release rate, 
                                                or duration of the 
                                                release;

                                                    ``(CC) the 
                                                topography, whether 
                                                urban or rural;

                                                    ``(DD) the distance 
                                                to endpoint;

                                                    ``(EE) the 
                                                estimated residential 
                                                population, public 
                                                receptors, or 
                                                environmental receptors 
                                                within the distance to 
                                                endpoint;

                                                    ``(FF) any map or 
                                                other graphic depiction 
                                                used to illustrate a 
                                                scenario; and

                                                    ``(GG) the 
                                                prevention program 
                                                designed to prevent or 
                                                mitigate the release; 
                                                and

                                            ``(bb) any information 
                                        derived from the information 
                                        described in item (aa) 
                                        (including any statewide or 
                                        national ranking of stationary 
                                        sources derived from the 
                                        information described in item 
                                        (aa)) that is not publicly 
                                        available from a source other 
                                        than a risk management plan.
                                    ``(VII) Read-only access.--The term 
                                `read-only access' means access that--
                                            ``(aa) allows the reading 
                                        of information; but
                                            ``(bb) does not allow 
                                        removal, mechanical 
                                        reproduction, or other 
                                        duplication (including 
                                        notetaking) of information.
                                    ``(VIII) Risk management plan.--The 
                                term `risk management plan' means a 
                                risk management plan registered with 
                                the Administrator by an owner or 
                                operator of a stationary source under 
                                subparagraph (B)(iii).
                                    ``(IX) State or local official 
                                user.--The term `State or local 
                                official user' means an official user 
                                described in any of items (cc) through 
                                (ee) of subclause (V).
                            ``(ii) Availability under freedom of 
                        information act.--
                                    ``(I) In general.--Off-site 
                                consequence analysis information shall 
                                not be made available under section 552 
                                of title 5, United States Code.
                                    ``(II) Applicability.--Subclause 
                                (I) applies to off-site consequence 
                                analysis information obtained or 
                                developed by the Administrator before, 
                                on, or after the date of enactment of 
                                this subparagraph.
                            ``(iii) Access by members of the public to 
                        off-site consequence analysis information.--
                                    ``(I) In general.--Except as 
                                provided in this clause, 
                                notwithstanding any other provision of 
                                law (including any regulation), no 
                                member of the public shall have access 
                                to off-site consequence analysis 
                                information.
                                    ``(II) Establishment of procedures 
                                to provide read-only access to certain 
                                information.--The Administrator, in 
                                consultation with the Attorney General, 
                                shall establish procedures to allow a 
                                member of the public read-only access 
                                to a paper copy of off-site consequence 
                                analysis information that does not 
                                disclose the identity or location of 
                                any facility or any information from 
                                which the identity or location of any 
                                facility could be deduced.
                                    ``(III) Locations of read-only 
                                access.--Read-only access described in 
                                subclause (II) shall be provided to 
                                members of the public at--
                                            ``(aa) the headquarters of 
                                        the Environmental Protection 
                                        Agency;
                                            ``(bb) each regional office 
                                        of the Environmental Protection 
                                        Agency; and
                                            ``(cc) such other locations 
                                        of the Environmental Protection 
                                        Agency as the Administrator 
                                        determines to be appropriate.
                                    ``(IV) Required elements of 
                                procedures.--The procedures established 
                                under subclause (II) shall require 
                                that--
                                            ``(aa) access be provided 
                                        to a member of the public only 
                                        if the member of the public 
                                        displays photo identification 
                                        issued by a Federal, State, or 
                                        local government agency and 
                                        provides a signature; and
                                            ``(bb) the employee of the 
                                        Environmental Protection Agency 
                                        who provides the access 
                                        described in item (aa) record 
                                        the date of access and the 
                                        identity of each stationary 
                                        source with respect to which 
                                        the access is sought.
                                    ``(V) Maintenance of records.--The 
                                Administrator shall maintain records 
                                developed under subclause (IV) for a 
                                period of 5 years.
                            ``(iv) Read-only information technology 
                        system.--
                                    ``(I) In general.--In consultation 
                                with the Attorney General, the 
                                Administrator shall establish an 
                                information technology system described 
                                in subclause (II) that provides for the 
                                availability to members of the public 
                                of off-site consequence analysis 
                                information described in clause 
                                (iii)(II).
                                    ``(II) Information technology 
                                system.--An information technology 
                                system referred to in subclause (I) 
                                shall consist of a central database 
                                under the control of the Federal 
                                Government that provides read-only 
                                access to information.
                            ``(v) Access by state or local official 
                        users to off-site consequence analysis 
                        information.--
                                    ``(I) Required access.--The 
                                Administrator shall allow access by a 
                                State or local official user, for 
                                official use, to off-site consequence 
                                analysis information relating to 
                                stationary sources located in the State 
                                or local official user's State or in a 
                                contiguous State.
                                    ``(II) Additional access.--On 
                                request of a State or local official 
                                user, the Administrator may allow 
                                access by the State or local official 
                                user, for official use, to off-site 
                                consequence analysis information 
                                relating to stationary sources not 
                                located in the State or local official 
                                user's State or a contiguous State.
                            ``(vi) Prohibition on disclosure by 
                        official users.--
                                    ``(I) In general.--
                                            ``(aa) Prohibition.--No 
                                        official user shall knowingly 
                                        disclose off-site consequence 
                                        analysis information in any 
                                        form to any member of the 
                                        public, except to the extent 
                                        that such disclosure is for 
                                        official use or is otherwise 
                                        authorized under this 
                                        subparagraph.
                                            ``(bb) Extent of disclosure 
                                        for official use.--Under item 
                                        (aa), an official user may 
                                        disclose for official use only 
                                        the quantity of off-site 
                                        consequence analysis 
                                        information that is necessary 
                                        for the purpose of preventing, 
                                        planning for, or responding to 
                                        accidental releases or criminal 
                                        releases.
                                    ``(II) Criminal penalties.--
                                Notwithstanding section 113, a 
                                violation of subclause (I) shall be 
                                punished as a Class A misdemeanor under 
                                section 3559 of title 18, United States 
                                Code.
                                    ``(III) Notice.--The Administrator 
                                shall provide to each official user who 
                                receives off-site consequence analysis 
                                information--
                                            ``(aa) notice of the 
                                        definition of official use and 
                                        examples of actions that do and 
                                        actions that do not fall within 
that definition; and
                                            ``(bb) notice of the 
                                        prohibition established by 
                                        subclause (I) and the penalties 
                                        established by subclause (II).
                            ``(vii) Effect on state or local law.--
                                    ``(I) In general.--Subject to 
                                subclause (II), this subparagraph 
                                supersedes any provision of State or 
                                local law that is inconsistent with 
                                this subparagraph.
                                    ``(II) Availability of information 
                                under state law.--Nothing in this 
                                subparagraph precludes a State from 
                                making available data on the off-site 
                                consequences of chemical releases 
                                collected in accordance with State law.
                            ``(viii) Report.--
                                    ``(I) In general.--The Attorney 
                                General shall prepare a report that 
                                describes the extent to which 
                                regulations promulgated under this 
                                subparagraph result in actions, 
                                including the design and maintenance of 
                                safe facilities, that are effective in 
                                detecting, preventing, and minimizing 
                                the consequences of criminal releases.
                                    ``(II) Review of security.--In 
                                preparing the report under subclause 
                                (I), the Attorney General, using 
                                available data to the maximum extent 
                                practicable, and using a sampling of 
                                stationary sources covered by 
                                subparagraph (B)(ii) and selected at 
                                the discretion of the Attorney General, 
                                shall review--
                                            ``(aa) the vulnerability of 
                                        those covered stationary 
                                        sources to criminal and 
                                        terrorist activity;
                                            ``(bb) current industry 
                                        practices concerning site 
                                        security; and
                                            ``(cc) the security of 
                                        transportation of regulated 
                                        substances.
                                    ``(III) Consultation.--The Attorney 
                                General shall carry out subclauses (I) 
                                and (II) in consultation with 
                                appropriate Federal, State, and local 
                                government agencies, affected industry, 
                                and members of the public.
                                    ``(IV) Submission of report.--Not 
                                later than 1 year after the date of 
                                enactment of item (aa), the Attorney 
                                General shall submit to the Committee 
                                on Energy and Commerce of the House of 
                                Representatives, the Committee on 
                                Environment and Public Works of the 
                                Senate, and other appropriate 
                                committees of Congress--
                                            ``(aa) the report under 
                                        subclause (I);
                                            ``(bb) the results of the 
                                        review under subclause (II); 
                                        and
                                            ``(cc) recommendations, if 
                                        any, for reducing the 
                                        vulnerability of stationary 
                                        sources covered by subparagraph 
                                        (B)(ii) to criminal and 
                                        terrorist activity.
                                    ``(V) Availability of 
                                information.--In addition to the 
                                matters specified in section 552(b) of 
                                title 5, United States Code, section 
                                552 of that title shall not apply to 
                                information that is developed by the 
                                Attorney General, or requested by the 
                                Attorney General and received from a 
                                covered stationary source, for the 
                                purpose of preparing the report or 
                                conducting the review under this 
                                clause, if disclosure of that 
                                information would pose a threat to 
                                national security.
                            ``(ix) Authorization of appropriations.--
                        There are authorized to be appropriated to the 
                        Administrator and the Attorney General such 
                        sums as are necessary to carry out this 
                        subparagraph, to remain available until 
                        expended.''.

SEC. 4. ADDITION OF NATIONAL OR LOCAL ENVIRONMENTAL ORGANIZATIONS TO 
              EMERGENCY PLANNING COMMITTEES.

    Section 301(c) of the Emergency Planning and Community Right-To-
Know Act of 1986 (42 U.S.C. 11001(c)) is amended in the second 
sentence--
            (1) by striking ``and owners'' and inserting ``owners''; 
        and
            (2) by inserting ``; and national or local environmental 
        organizations'' before the period at the end.
                                 <all>