II 112th CONGRESS 1st Session S. 709 IN THE SENATE OF THE UNITED STATES March 31, 2011 Mr. Lautenberg (for himself and Mr. Menendez) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To enhance the security of chemical facilities and for other purposes.

1.

Short title

This Act may be cited as the Secure Chemical Facilities Act.

2.

Findings and purpose

(a)

Findings

Congress finds the following: (1)The chemical sector of the United States represents a target that terrorists could exploit to cause consequences, including death, injury, or serious adverse effects to human health, the environment, critical infrastructure, public health, homeland security, national security, and the national economy. (2)Chemical facilities that pose such potential consequences and that are vulnerable to terrorist attacks must be protected. (3)The Secretary of Homeland Security has statutory authority under section 550 of the Department of Homeland Security Appropriations Act, 2007 (6 U.S.C. 121 note) to regulate the security practices at chemical facilities that are at significant risk of being terrorist targets. (4)The Secretary of Homeland Security issued interim final regulations entitled the Chemical Facility Anti-Terrorism Standards, which became effective on June 8, 2007. (b)

Purpose

The purpose of this Act is to modify and make permanent the authority of the Secretary of Homeland Security to regulate security practices at chemical facilities.

3.

Extension, modification, and recodification of authority of Secretary of Homeland Security to regulate security practices at chemical facilities

(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: . (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 covered 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. Emergency response capacity study. Sec. 2120. Annual report to Congress. Sec. 2121. 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 Act. (d)

Regulations

(1)

Deadlines

(A)

Proposed rules

Not later that 6 months after the date of enactment of this Act, the Secretary of Homeland Security shall issue proposed rules to carry out title XXI of the Homeland Security Act of 2002, as added by subsection (a). (B)

Final rules

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

Consultation

In developing and implementing the rules issued under paragraph (1), the Secretary of Homeland Security 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)any other matters the Secretary determines necessary. (3)

Sense of Congress regarding CFATS

It is the sense of Congress that— (A)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; and (B)under section 550 of the Department of Homeland Security Appropriations Act (Public Law 109–295), the Secretary prescribed regulations known as the Chemical Facility Anti-Terrorism Standards (referred to in this section as CFATS regulations). (4)

Interim use and amendment of CFATS

Until the final rules issued under 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 on the day before the date of the enactment of this Act; (B)amend the CFATS regulations as may be necessary to ensure that the CFATS regulations are consistent with this Act and the amendments made by this Act; and (C)continue using any tools developed for purposes of the CFATS 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 that, before the effective date of the final regulations issued under paragraph (1), submits a security vulnerability assessment or site security plan under the CFATS regulations, shall be required to update or amend the security vulnerability assessment and site security plan of the facility to reflect any additional requirements under this Act or the amendments made by this Act, 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 under section 2102(d) of the Homeland Security Act of 2002, as added by subsection (a), by the earlier of— (1)the date of the first periodic review conducted under section 2102(d) of the Homeland Security Act of 2002; and (2)the date that is 1 year after the date of enactment of this Act.