II Calendar No. 700 111th CONGRESS 2d Session H. R. 2868 [Report No. 111–370] IN THE SENATE OF THE UNITED STATES November 9, 2009 Received; read twice and referred to the Committee on Homeland Security and Governmental Affairs December 16, 2010 Reported by Mr. Lieberman, with an amendment and an amendment to the title Strike out all after the enacting clause and insert the part printed in italic AN ACT To amend the Homeland Security Act of 2002 to enhance security and protect against acts of terrorism against chemical facilities, to amend the Safe Drinking Water Act to enhance the security of public water systems, and to amend the Federal Water Pollution Control Act to enhance the security of wastewater treatment works, and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Chemical and Water Security Act of 2009. (b)

Table of contents

The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—CHEMICAL FACILITY SECURITY Sec. 101. Short title. Sec. 102. Findings and purpose. Sec. 103. Extension, modification, and recodification of authority of Secretary of Homeland Security to regulate security practices at chemical facilities. Title II—DRINKING WATER SECURITY Sec. 201. Short title. Sec. 202. Intentional acts affecting the security of covered water systems. Sec. 203. Study to assess the threat of contamination of drinking water distribution systems. Title III—WASTEWATER TREATMENT WORKS SECURITY Sec. 301. Short title. Sec. 302. Wastewater treatment works security.

. (b)

Clerical Amendment

The table of contents in section 1(b) of such Act is amended by adding at the end the following: Title XXI—Regulation of Security Practices at Chemical Facilities Sec. 2101. Definitions. Sec. 2102. Risk-based designation and ranking of chemical facilities. Sec. 2103. Security vulnerability assessments and site security plans. Sec. 2104. Site inspections. Sec. 2105. Records. Sec. 2106. Timely sharing of threat information. Sec. 2107. Enforcement. Sec. 2108. Whistleblower protections. Sec. 2109. Federal preemption. Sec. 2110. Protection of information. Sec. 2111. Methods to reduce the consequences of a terrorist attack. Sec. 2112. Applicability. Sec. 2113. Savings clause. Sec. 2114. Office of Chemical Facility Security. Sec. 2115. Security background checks of covered individuals at certain chemical facilities. Sec. 2116. Citizen enforcement. Sec. 2117. Citizen petitions. Sec. 2118. Notification system to address public concerns. Sec. 2119. Annual report to Congress. Sec. 2120. Authorization of appropriations. . (c)

Conforming repeal

(1)

Repeal

The Department of Homeland Security Appropriations Act, 2007 (Public Law 109–295) is amended by striking section 550. (2)

Effective date

The amendment made by paragraph (1) shall take effect on the date of the enactment of this title. (d)

Regulations

(1)

Deadline

The Secretary shall issue proposed rules to carry out title XXI of the Homeland Security Act of 2002, as added by subsection (a), by not later than 6 months after the date of the enactment of this Act, and shall issue final rules to carry out such title by not later than 18 months after the date of the enactment of this Act. (2)

Consultation

In developing and implementing the rules required under paragraph (1), the Secretary shall consult with the Administrator of the Environmental Protection Agency, and other persons, as appropriate, regarding— (A)the designation of substances of concern; (B)methods to reduce the consequences of a terrorist attack; (C)security at drinking water facilities and wastewater treatment works; (D)the treatment of protected information; and (E)such other matters as the Secretary determines necessary. (3)

Sense of Congress regarding CFATS

It is the sense of Congress that the Secretary of Homeland Security was granted statutory authority under section 550 of the Department of Homeland Security Appropriations Act (Public Law 109–295) to regulate security practices at chemical facilities until October 1, 2009. Pursuant to that section the Secretary prescribed regulations known as the Chemical Facility Anti-Terrorism Standards, or CFATS (referred to in this section as CFATS regulations). (4)

Interim use and amendment of CFATS

Until the final rules prescribed pursuant to paragraph (1) take effect, in carrying out title XXI of the Homeland Security Act of 2002, as added by subsection (a), the Secretary may, to the extent the Secretary determines appropriate— (A)continue to carry out the CFATS regulations, as in effect immediately before the date of the enactment of this title; (B)amend any of such regulations as may be necessary to ensure that such regulations are consistent with the requirements of this title and the amendments made by this title; and (C)continue using any tools developed for purposes of such regulations, including the list of substances of concern, usually referred to as Appendix A, and the chemical security assessment tool (which includes facility registration, a top-screen questionnaire, a security vulnerability assessment tool, a site security plan template, and a chemical vulnerability information repository). (5)

Update of facility plans assessments and plans prepared under CFATS

The owner or operator of a covered chemical facility, who, before the effective date of the final regulations issued under title XXI of the Homeland Security Act of 2002, as added by subsection (a), submits a security vulnerability assessment or site security plan under the CFATS regulations, shall be required to update or amend the facility’s security vulnerability assessment and site security plan to reflect any additional requirements of this title or the amendments made by this title, according to a timeline established by the Secretary. (e)

Review of designation of sodium fluoroacetate as a substance of concern

The Secretary of Homeland Security shall review the designation of sodium fluoroacetate as a substance of concern pursuant to subsection (d) of section 2102 of the Homeland Security Act of 2002, as added by subsection (a), by the earlier of the following dates: (1)The date of the first periodic review conducted pursuant to such subsection after the date of the enactment of this title. (2)The date that is one year after the date of the enactment of this title.

1.

Short title

This Act may be cited as the Continuing Chemical Facilities Antiterrorism Security Act of 2010.

2.

Extension of chemical facilities antiterrorism security program

(a)

In general

Section 550(b) of the Department of Homeland Security Appropriations Act, 2007 (6 U.S.C. 121 note) is amended by striking October 4, 2010 and inserting October 4, 2013. (b)

Chemical facility security enhancements

(1)

In general

The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by adding at the end the following: . (2)

Table of contents

The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting after the item relating to section 2022 the following: TITLE XXI—Chemical facility security Sec. 2101. Definitions. Sec. 2102. Chemical security training program. Sec. 2103. Chemical security exercise program. Sec. 2104. Voluntary technical assistance program. Sec. 2105. Chemical Facility Security Advisory Board. Sec. 2106. Authorization of appropriations. .

Amend the title so as to read: An Act to extend the chemical facility security program of the Department of Homeland Security, and for other purposes.. December 16, 2010 Reported with an amendment and an amendment to the title