[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6348 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 6348

 To direct the Secretary of Homeland Security to provide for enhanced 
        security of chemical facilities, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 5, 2006

 Mr. Barton of Texas introduced the following bill; which was referred 
                to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL



 To direct the Secretary of Homeland Security to provide for enhanced 
        security of chemical facilities, 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. (a) No later than six months after the date of enactment 
of this Act, the Secretary of Homeland Security shall issue interim 
final regulations establishing risk-based performance standards for 
security of chemical facilities and requiring vulnerability assessments 
and the development and implementation of site security plans for 
chemical facilities: Provided, That such regulations shall apply to 
chemical facilities that, in the discretion of the Secretary, present 
high levels of security risk: Provided further, That such regulations 
shall permit each such facility, in developing and implementing site 
security plans, to select layered security measures that, in 
combination, appropriately address the vulnerability assessment and the 
risk-based performance standards for security for the facility: 
Provided further, That the Secretary may not disapprove a site security 
plan submitted under this section based on the presence or absence of a 
particular security measure, but the Secretary may disapprove a site 
security plan if the plan fails to satisfy the risk-based performance 
standards established by this section: Provided further, That the 
Secretary may approve alternative security programs established by 
private sector entities, Federal, State, or local authorities, or other 
applicable laws if the Secretary determines that the requirements of 
such programs meet the requirements of this section and the interim 
regulations: Provided further, That the Secretary shall review and 
approve each vulnerability assessment and site security plan required 
under this section: Provided further, That the Secretary shall not 
apply regulations issued pursuant to this section to facilities 
regulated pursuant to the Maritime Transportation Security Act of 2002, 
Public Law 107-295, as amended; Public Water Systems, as defined by 
section 1401 of the Safe Drinking Water Act, Public Law 93-523, as 
amended; Treatment Works as defined in section 212 of the Federal Water 
Pollution Control Act, Public Law 92-500, as amended; any facility 
owned or operated by the Department of Defense or the Department of 
Energy, or any facility subject to regulation by the Nuclear Regulatory 
Commission.
    (b) Interim regulations issued under this section shall apply until 
the effective date of interim or final regulations promulgated under 
other laws that establish requirements and standards referred to in 
subsection (a) and expressly supersede this section: Provided, That the 
authority provided by this section shall terminate three years after 
the date of enactment of this Act.
    (c) Notwithstanding any other provision of law and subsection (b), 
information developed under this section, including vulnerability 
assessments, site security plans, and other security related 
information, records, and documents shall be given protections from 
public disclosure consistent with similar information developed by 
chemical facilities subject to regulation under section 70103 of title 
46, United States Code: Provided, That this subsection does not 
prohibit the sharing of such information, as the Secretary deems 
appropriate, with State and local government officials possessing the 
necessary security clearances, including law enforcement officials and 
first responders, for the purpose of carrying out this section, 
provided that such information may not be disclosed pursuant to any 
State or local law: Provided further, That in any proceeding to enforce 
this section, vulnerability assessments, site security plans, and other 
information submitted to or obtained by the Secretary under this 
section, and related vulnerability or security information, shall be 
treated as if the information were classified material.
    (d) Any person who violates an order issued under this section 
shall be liable for a civil penalty under section 70119(a) of title 46, 
United States Code: Provided, That nothing in this section confers upon 
any person except the Secretary a right of action against an owner or 
operator of a chemical facility to enforce any provision of this 
section.
    (e) The Secretary of Homeland Security shall audit and inspect 
chemical facilities for the purposes of determining compliance with the 
regulations issued pursuant to this section.
    (f) Nothing in this section shall be construed to supersede, amend, 
alter, or affect any Federal law that regulates the manufacture, 
distribution in commerce, use, sale, other treatment, or disposal of 
chemical substances or mixtures.
    (g) If the Secretary determines that a chemical facility is not in 
compliance with this section, the Secretary shall provide the owner or 
operator with written notification (including a clear explanation of 
deficiencies in the vulnerability assessment and site security plan) 
and opportunity for consultation, and issue an order to comply by such 
date as the Secretary determines to be appropriate under the 
circumstances: Provided, That if the owner or operator continues to be 
in noncompliance, the Secretary may issue an order for the facility to 
cease operation, until the owner or operator complies with the order.
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