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

                                                 Union Calendar No. 368
112th CONGRESS
  2d Session
                                H. R. 901

                      [Report No. 112-224, Part I]

 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

                           September 26, 2011

   Reported from the Committee on Homeland Security with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                           September 26, 2011

Referral to the Committee on Energy and Commerce extended for a period 
                ending not later than November 11, 2011

                           November 11, 2011

Referral to the Committee on Energy and Commerce extended for a period 
                 ending not later than January 6, 2012

                            January 6, 2012

Referral to the Committee on Energy and Commerce extended for a period 
                 ending not later than January 20, 2012

                            January 20, 2012

Referral to the Committee on Energy and Commerce extended for a period 
                  ending not later than March 1, 2012

                             March 1, 2012

Referral to the Committee on Energy and Commerce extended for a period 
                  ending not later than March 9, 2012

                             March 9, 2012

Referral to the Committee on Energy and Commerce extended for a period 
                   ending not later than June 8, 2012

                              June 8, 2012

 Additional sponsors: Mrs. Miller of Michigan and Mr. Duncan of South 
                                Carolina

                              June 8, 2012

   The Committee on Energy and Commerce discharged; committed to the 
 Committee of the Whole House on the State of the Union and ordered to 
                               be printed
 [For text of introduced bill, see copy of bill as introduced on March 
                                3, 2011]

_______________________________________________________________________

                                 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.
            ``(3) Deadline for notification.--Beginning after the 
        Secretary publishes final regulations to implement this 
        section, not later than 180 days, to the greatest extent 
        practicable, after the date on which the Secretary receives a 
        security vulnerability assessment or site security plan under 
        this title, the Secretary shall review and approve or 
        disapprove such assessment or plan and notify the covered 
        chemical facility of such approval or disapproval.
            ``(4) Notification of disapproval.--If the Secretary 
        disapproves the security vulnerability assessment or site 
        security plan submitted by a covered chemical facility under 
        this title or the implementation of a site security plan by 
        such a chemical facility, the Secretary shall provide the owner 
        or operator of the covered chemical facility a written 
        notification of the disapproval not later than 14 days after 
        the date on which the Secretary disapproves such assessment or 
        plan, that--
                    ``(A) includes a clear explanation of deficiencies 
                in the assessment, plan, or implementation of the plan; 
                and
                    ``(B) requires the owner or operator of the covered 
                chemical facility to revise the assessment or plan to 
                address any deficiencies and, by such date as the 
                Secretary determines is appropriate, to submit to the 
                Secretary the revised assessment or plan.
            ``(5) Reporting.--The Secretary shall submit to the 
        Committee on Homeland Security of the House of Representatives 
        and the Committee on Homeland Security and Government Affairs 
        of the Senate, on an annual basis, information on the number of 
        instances during the year covered by the report where the 
        Secretary determined that the 180 day notification requirement 
        under paragraph (3) was impracticable.
    ``(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.
    ``(f) Security Background Checks.--In any personnel surety 
regulation issued by the Secretary pursuant to subsection (a), the 
Secretary shall include provisions on how an owner or operator of a 
covered chemical facility can meet, in whole or in part, the 
requirements set forth in such regulations by submitting--
            ``(1) information on an employee or individual holding a 
        valid transportation security card issued under section 70105 
        of title 46, United States Code;
            ``(2) an alternate security background check conducted by a 
        private sector entity, including the owner and operator of a 
        covered chemical facility and a non-profit personnel surety 
        accrediting organization; and
            ``(3) an alternate security background check conducted 
        under another applicable law.
    ``(g) Technical Assistance to Small Businesses.--The Secretary 
shall provide technical assistance to any owner or operator of a 
covered chemical facility who requests such assistance to prepare a 
security vulnerability assessment or site security plan required under 
this title or by the regulations required by subsection (a), if the 
covered chemical facility is a small business concern, under the 
meaning given that term in section 3 of the Small Business Act (15 
U.S.C. 632).

``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. JOBS IMPACT.

    ``Not later than one year after the date of the enactment of this 
title, and annually thereafter, the Secretary shall submit to the 
Committee on Homeland Security of the House of Representatives and the 
Committee on Homeland Security and Governmental Affairs of the Senate a 
report that, at a minimum, includes--
            ``(1) an estimate of the potential jobs created or lost 
        within the private sector as a result of the regulations 
        required under section 2101 of this title; and
            ``(2) information on feedback received from owners and 
        operators of covered chemical facilities about how the 
        regulations required under section 2101 of this title could be 
        revised to spur potential job creation or stem job losses.

``SEC. 2105. 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. 2106. 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. 2107. TERMINATION.

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

``SEC. 2108. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to the Secretary to carry 
out this title $89,928,000 for each of fiscal years 2012 through 
2018.''.
    (b) 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 
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. Jobs Impact.
``Sec. 2105. Scope.
``Sec. 2106. Preemption.
``Sec. 2107. Termination.
``Sec. 2108. 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.

SEC. 4. HARMONIZATION.

    Not later than 180 days after the date of the enactment of this 
Act, the Secretary of Homeland Security shall submit to Committee on 
Homeland Security of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate a report on the 
extent to which the security requirements under title XXI of the 
Homeland Security Act of 2002, as added by this Act, have been 
harmonized with the security requirements for facilities regulated 
under chapter 701 of title 46, United States Code.
                                                 Union Calendar No. 368

112th CONGRESS

  2d Session

                               H. R. 901

                      [Report No. 112-224, Part I]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                              June 8, 2012

   The Committee on Energy and Commerce discharged; committed to the 
 Committee of the Whole House on the State of the Union and ordered to 
                               be printed