IB Union Calendar No. 368 112th CONGRESS 2d Session H. R. 901 [Report No. 112–224, Part I] 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.
1.
Short title
This Act may be cited as the Chemical Facility Anti-Terrorism Security Authorization Act of 2011.
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: <enum>XXI</enum><header>CHEMICAL FACILITY ANTI-TERRORISM SECURITY REGULATIONS</header> <section id="H4E8A1CAC8AD1452BB550C2558E614B50"><enum>2101.</enum><header>Chemical facility anti-terrorism security regulations</header> <subsection id="HD9DCBF8D6BA347C28206D1A3A47E6074"><enum>(a)</enum><header>In general</header><text>The Secretary shall maintain, and revise as necessary, regulations to protect chemical facilities against terrorism and potential terrorist attacks. Such regulations shall include—</text> <paragraph id="H77ECDA80E0444C7DAA047D2397CAFDCA"><enum>(1)</enum><text>risk-based performance standards for chemical facility security;</text> </paragraph><paragraph id="H3611AD3F9B484F7D89ED22B4671F789F"><enum>(2)</enum><text>requirements for chemical facility security vulnerability assessments; and</text> </paragraph><paragraph id="H6ADC2A8A32B1479C9F491363DC238CF1"><enum>(3)</enum><text>requirements for the development and implementation of chemical facility site security plans.</text> </paragraph></subsection><subsection id="HF18524271BA248F2B8FC8E29A40CA240"><enum>(b)</enum><header>Facilities regulated</header><text>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:</text> <paragraph id="H92D5C07A0EEA492F984BD45760BB2A22"><enum>(1)</enum><text>Any facility owned or operated by the Department of Defense.</text> </paragraph><paragraph id="H01D475EB788147B29FCE2866AAB72AC9"><enum>(2)</enum><text>Any facility owned or operated by the Department of Energy.</text> </paragraph><paragraph id="H73F7739B902440EFB77730EB6DFF923C"><enum>(3)</enum><text>Any facility subject to regulation by the Nuclear Regulatory Commission.</text> </paragraph><paragraph id="HDD279DEFA9CD4FC995B1DEB24C6E8209"><enum>(4)</enum><text display-inline="yes-display-inline">Any facility regulated under chapter 701 of title 46, United States Code.</text> </paragraph><paragraph id="H11CA44D596C141F8B85882AE8B1712B2"><enum>(5)</enum><text display-inline="yes-display-inline">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)).</text> </paragraph><paragraph id="H24AFAFEA5232419C99D757D6C6FD7CE1"><enum>(6)</enum><text>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)).</text> </paragraph></subsection><subsection id="H1D4167465EF041FCB9CECF38868F03F5"><enum>(c)</enum><header>Security measures</header><text>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.</text> </subsection><subsection id="HA91449EE4721413585D7FD6CFEF9FDA5"><enum>(d)</enum><header>Review</header> <paragraph id="HE2304E650F384EBF925FB993E2E9533A"><enum>(1)</enum><header>In general</header><text>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).</text> </paragraph><paragraph id="HA9374B230C6C41FCA055546470A3D1F7"><enum>(2)</enum><header>Standards for disapproval</header><text>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.</text> </paragraph><paragraph id="H1E7DB16AA15B4DDD975D6D5E383B51B0"><enum>(3)</enum><header>Deadline for notification</header><text display-inline="yes-display-inline">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.</text> </paragraph><paragraph id="HBF0C9B44EE654EC88551143479CDAC24"><enum>(4)</enum><header>Notification of disapproval</header><text>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—</text> <subparagraph id="H5D5B9FACCA434C1992B423F57642AC9A"><enum>(A)</enum><text>includes a clear explanation of deficiencies in the assessment, plan, or implementation of the plan; and</text> </subparagraph><subparagraph id="H9E101287E1A349CAA1B8F7A0403B0665"><enum>(B)</enum><text>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.</text> </subparagraph></paragraph><paragraph id="HB598F518B9804F69A8D14151F3F84263"><enum>(5)</enum><header>Reporting</header><text display-inline="yes-display-inline">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.</text> </paragraph></subsection><subsection id="H1835A865B3604892A8964D13D2CDA2BF"><enum>(e)</enum><header>Alternative security programs</header><text>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.</text> </subsection><subsection id="H691627548ADD46DBBBE36480B74986BE"><enum>(f)</enum><header>Security background checks</header><text display-inline="yes-display-inline">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—</text> <paragraph id="HDE0578CD244548BDB2A7197E003436F8"><enum>(1)</enum><text>information on an employee or individual holding a valid transportation security card issued under section 70105 of title 46, United States Code;</text> </paragraph><paragraph id="H5C3A32103D9D4C24A27892B16D60B472"><enum>(2)</enum><text>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</text> </paragraph><paragraph id="H6CA4E529BEB24DF4B5868F70CD37D843"><enum>(3)</enum><text>an alternate security background check conducted under another applicable law.</text> </paragraph></subsection><subsection id="H2917CDD97C834F10856ADAF459C25E0D"><enum>(g)</enum><header>Technical assistance to small businesses</header><text display-inline="yes-display-inline">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).</text> </subsection></section><section id="HA9DE288830CB4648A6478A84DC214CC4"><enum>2102.</enum><header>Information protection</header> <subsection id="H0B73CBE1006D4981BA2E9DB2DC511E54"><enum>(a)</enum><header>In general</header><text display-inline="yes-display-inline">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.</text> </subsection><subsection id="HB0A4AD2EDE7C4263ACE26449D43B5995"><enum>(b)</enum><header>Sharing of information</header> <paragraph id="HFADA8F79493548329FC65F95759AF57D"><enum>(1)</enum><header>State and local governments</header><text>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.</text> </paragraph><paragraph id="H8312257F248A423787F9444825FCA5AA"><enum>(2)</enum><header>Congress</header><text>Nothing in this title shall permit or authorize the withholding of information from Congress or any committee or subcommittee thereof.</text> </paragraph></subsection><subsection commented="no" id="HF361453C8C1F46D880749E44155265B7"><enum>(c)</enum><header>Administrative and judicial proceedings</header><text display-inline="yes-display-inline">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.</text> </subsection></section><section id="HC5C57F60659B4E598C18BBEDBA5B2A62"><enum>2103.</enum><header>Enforcement</header> <subsection id="HF78401B246CE4D7793972A7DA9ED6109"><enum>(a)</enum><header>In general</header><text>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).</text> </subsection><subsection id="H6FC3CECBC8BB4E239CFA50719EFB0B7C"><enum>(b)</enum><header>Orders for compliance</header><text>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.</text> </subsection><subsection id="H76E2F1F8FC9F4E91BD82D3197D7D8E23"><enum>(c)</enum><header>Civil penalties</header><text>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.</text> </subsection><subsection id="H733DEB3515ED4E82849A160EA42C96C8"><enum>(d)</enum><header>Order To cease operation</header><text>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.</text> </subsection><subsection id="H19A7F27C917F48EDB65225FBD2F3BE75"><enum>(e)</enum><header>Exception</header><text>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.</text> </subsection></section><section id="H11DC6FE0D23C4045B3B0FDF6F1BF082A"><enum>2104.</enum><header>Jobs impact</header><text display-inline="no-display-inline">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—</text> <paragraph id="HF87AE19842CD46A28E96F40B68ECDFEA"><enum>(1)</enum><text>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</text> </paragraph><paragraph id="H38FCB8FDE65A46A1AD3134BBAA3309F4"><enum>(2)</enum><text>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.</text> </paragraph></section><section id="H4E76D343E69849A38C920E8E70FC8A33"><enum>2105.</enum><header>Scope</header><text display-inline="no-display-inline">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.</text> </section><section id="H2897234F468845379AA881AB3FC126A7"><enum>2106.</enum><header>Preemption</header><text display-inline="no-display-inline">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.</text> </section><section id="H81E150437F9C4F0F8D3A0301A0ED59CE"><enum>2107.</enum><header>Termination</header><text display-inline="no-display-inline">The authority provided by this title shall terminate on September 30, 2018.</text> </section><section id="H2B613E48E6EB4C858401EBEC71AF6E2A"><enum>2108.</enum><header>Authorization of appropriations</header><text display-inline="no-display-inline">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.</text> </section>. (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. .
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.
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.
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