[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 901 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 901

 To amend the Homeland Security Act of 2002 to codify the requirement 
  that the Secretary of Homeland Security maintain chemical facility 
                  anti-terrorism security regulations.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 3, 2011

Mr. Daniel E. Lungren of California (for himself, Mr. King of New York, 
 Mr. Rogers of Alabama, Mr. McCaul, Mr. Long, Mr. Marino, Mr. Walberg, 
  and Mr. Walsh of Illinois) introduced the following bill; which was 
referred to the Committee on Homeland Security, and in addition to the 
   Committee on Energy and Commerce, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the Homeland Security Act of 2002 to codify the requirement 
  that the Secretary of Homeland Security maintain chemical facility 
                  anti-terrorism security regulations.

    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 Facility Anti-Terrorism 
Security Authorization Act of 2011''.

SEC. 2. CHEMICAL FACILITY ANTI-TERRORISM SECURITY REGULATIONS.

    (a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended by adding at the end the following new title:

   ``TITLE XXI--CHEMICAL FACILITY ANTI-TERRORISM SECURITY REGULATIONS

``SEC. 2101. CHEMICAL FACILITY ANTI-TERRORISM SECURITY REGULATIONS.

    ``(a) In General.--The Secretary shall maintain, and revise as 
necessary, regulations to protect chemical facilities against terrorism 
and potential terrorist attacks. Such regulations shall include--
            ``(1) risk-based performance standards for chemical 
        facility security;
            ``(2) requirements for chemical facility security 
        vulnerability assessments; and
            ``(3) requirements for the development and implementation 
        of chemical facility site security plans.
    ``(b) Facilities Regulated.--The regulations required by subsection 
(a) shall apply to any chemical facility that the Secretary determines 
presents a high level of security risk with respect to acts of 
terrorism, except that the Secretary may not apply such regulations to 
any of the following:
            ``(1) Any facility owned or operated by the Department of 
        Defense.
            ``(2) Any facility owned or operated by the Department of 
        Energy.
            ``(3) Any facility subject to regulation by the Nuclear 
        Regulatory Commission.
            ``(4) Any facility regulated under chapter 701 of title 46, 
        United States Code.
            ``(5) A public water system, as such term is defined by 
        section 1401(4) of the Safe Drinking Water Act (42 U.S.C. 
        300f(4)).
            ``(6) A treatment works, as such term is defined by section 
        212(2) of the Federal Water Pollution Control Act (33 U.S.C. 
        1292(2)).
    ``(c) Security Measures.--The regulations required by subsection 
(a) shall provide that each such facility, in developing and 
implementing site security plans, be permitted to select layered 
security measures that, in combination, appropriately address the 
vulnerability assessment and the risk-based performance standards for 
security for the facility.
    ``(d) Review.--
            ``(1) In general.--The Secretary shall review and approve 
        or disapprove each vulnerability assessment and site security 
        plan required under this title or by the regulations required 
        by subsection (a).
            ``(2) Standards for disapproval.--The Secretary may not 
        disapprove such a site security plan based on the presence or 
        absence of a particular security measure, but the Secretary may 
        disapprove such a site security plan if the plan fails to 
        satisfy the risk-based performance standards established by the 
        Secretary.
    ``(e) Alternative Security Programs.--The Secretary may approve any 
alternative security program established by a private sector entity or 
Federal, State, or local authority, or under another applicable law, if 
the Secretary determines that the requirements of such program meets 
the requirements of this title and any regulations issued or maintained 
pursuant to this title.

``SEC. 2102. INFORMATION PROTECTION.

    ``(a) In General.--Notwithstanding any other provision of law, 
information developed pursuant to this title, or pursuant to the 
regulations required by section 2101(a), 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.
    ``(b) Sharing of Information.--
            ``(1) State and local governments.--This section does not 
        prohibit the sharing of such information, as the Secretary 
        determines appropriate, with State and local government 
        officials possessing the appropriate security clearances, 
        including emergency response providers, for the purpose of 
        carrying out this title, as long as such information may not be 
        disclosed pursuant to any State or local law.
            ``(2) Congress.--Nothing in this title shall permit or 
        authorize the withholding of information from Congress or any 
        committee or subcommittee thereof.
    ``(c) Administrative and Judicial Proceedings.--In any proceeding 
to enforce this title, vulnerability assessments, site security plans, 
and other information submitted to or obtained by the Secretary under 
this title, and related vulnerability or security information, shall be 
treated as if the information were classified material.

``SEC. 2103. ENFORCEMENT.

    ``(a) In General.--The Secretary shall audit and inspect chemical 
facilities subject to regulation under this title for the purposes of 
determining compliance with this title and the regulations required by 
section 2101(a).
    ``(b) Orders for Compliance.--If the Secretary determines that a 
chemical facility is not in compliance with this title or the 
regulations required by section 2101(a), the Secretary shall provide 
the owner or operator of the facility with written notification 
(including a clear explanation of deficiencies in the vulnerability 
assessment and site security plan) and an opportunity for consultation, 
and issue an order to comply by such date as the Secretary determines 
to be appropriate under the circumstances.
    ``(c) Civil Penalties.--Any person who violates an order issued 
under this title shall be liable for a civil penalty under section 
70119(a) of title 46, United States Code.
    ``(d) Order To Cease Operation.--If the owner or operator of a 
chemical facility subject to regulation under this title 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.
    ``(e) Exception.--Nothing in this title 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 title.

``SEC. 2104. SCOPE.

    ``Nothing in this title 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.

``SEC. 2105. PREEMPTION.

    ``This title shall not preclude or deny any right of any State or 
political subdivision thereof to adopt or enforce any regulation, 
requirement, or standard of performance with respect to chemical 
facility security that is more stringent than a regulation, 
requirement, or standard of performance required under this title, or 
otherwise impair any right or jurisdiction of any State with respect to 
chemical facilities within that State, unless there is an actual 
conflict between this title and the law of that State.

``SEC. 2106. TERMINATION.

    ``The authority provided by this title shall terminate on September 
30, 2018.

``SEC. 2107. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to the Secretary to carry 
out this title $93,000,000 for each of fiscal years 2012 through 
2018.''.
    (b) Table of Contents.--The table of contents in section 2 of the 
Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by 
adding at the end the following new items:

    TITLE XXI--CHEMICAL FACILITY ANTI-TERRORISM SECURITY REGULATIONS

Sec. 2101. Chemical facility anti-terrorism security regulations.
Sec. 2102. Information protection.
Sec. 2103. Enforcement.
Sec. 2104. Scope.
Sec. 2105. Preemption.
Sec. 2106. Termination.
Sec. 2107. Authorization of appropriations.

SEC. 3. CONFORMING REPEAL.

    (a) Repeal.--The Department of Homeland Security Appropriations 
Act, 2007 (Public Law 109-295) is amended by striking section 550.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act.
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