HR 5533

110th CONGRESS
2d Session

H. R. 5533

To revise and extend the chemical-facility security program under Public Law 109-295, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

March 5, 2008

Mr. WYNN introduced the following bill; which was referred to the Committee on Energy and Commerce

---

A BILL

To revise and extend the chemical-facility security program under Public Law 109-295, and for other purposes.

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 Facilities Security Act of 2008'.

SEC. 2. MODIFICATION AND TRANSFER OF CHEMICAL-FACILITIES SECURITY PROGRAM.

(a) Striking of Sunset Provision- Section 550 of Public Law 109-295 is amended by striking subsection (b).

(b) Preemption- Section 550 of Public Law 109-295, as amended by section 534 of division E of Public Law 110-161, is amended by striking subsection (h).

(c) Transfer- Section 550 of Public Law 109-295, as amended by subsections (a) and (b), is--

(1) transferred from Public Law 109-295;

(2) redesignated as section 2101;

(3) transferred to the Homeland Security Act of 2002; and

(4) added at the end of such Act.

(d) Stylistic Modifications; Revisions Regarding Preemption- The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.), as amended by subsection (c), is amended by striking section 2101 and inserting the following:

`TITLE XXI--REGULATION OF SECURITY PRACTICES AT CHEMICAL FACILITIES

`SEC. 2101. RISK-BASED PERFORMANCE STANDARDS; VULNERABILITY ASSESSMENTS; SITE SECURITY PLANS.

`(a) In General-

`(1) REGULATIONS- The Secretary shall by regulation establish risk-based performance standards for security of chemical facilities and require vulnerability assessments and the development and implementation of site security plans for such facilities, subject to paragraph (2).

`(2) COVERED FACILITIES- This title applies to chemical facilities that, in the discretion of the Secretary, present high levels of security risk.

`(b) Layered Security Measures- Regulations under subsection (a) shall permit each chemical facility, in developing and implementing site security plans, to select layered security measures that, in combination, appropriately address the vulnerability assessment and the risk-based performance standards for security for the facility.

`(c) Authority of Secretary Regarding Site Security Plans- The Secretary may not disapprove a site security plan submitted under this section based on the presence or absence of a particular security measure, but the Secretary may disapprove a site security plan if the plan fails to satisfy the risk-based performance standards established by this section.

`(d) Alternative Security Programs- The Secretary may approve alternative security programs established by private sector entities, Federal, State, or local authorities, or other applicable laws if the Secretary determines that the requirements of such programs meet the requirements of this section and the interim regulations.

`(e) Review of Vulnerability Assessments and Site Security Plans- The Secretary shall review and approve each vulnerability assessment and site security plan required under this section.

`(f) Exempted Facilities- The Secretary shall not apply regulations issued pursuant to this title to any of the following:

`(1) Facilities regulated pursuant to the Maritime Transportation Security Act of 2002.

`(2) Public water systems, as defined by section 1401 of the Safe Drinking Water Act.

`(3) Treatment works, as defined in section 212 of the Federal Water Pollution Control Act.

`(4) Any facility owned or operated by the Department of Defense or the Department of Energy.

`(5) Any facility subject to regulation by the Nuclear Regulatory Commission.

`SEC. 2102. PROTECTIONS FROM PUBLIC DISCLOSURE.

`(a) In General- Notwithstanding any other provision of law, information developed under this title, 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, subject to subsection (b).

`(b) Limitation- Subsection (a) does not prohibit the sharing of information, as the Secretary deems appropriate, with State and local government officials possessing the necessary security clearances, including law enforcement officials and first responders, for the purpose of carrying out this title, except that such information may not be disclosed pursuant to any State or local law.

`(c) Treatment as Sensitive Security Information- 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) Civil Penalty- 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.

`(b) Audits and Inspections- The Secretary shall audit and inspect chemical facilities for the purposes of determining compliance with the regulations issued pursuant to this title.

`(c) Notice of Noncompliance-

`(1) IN GENERAL- If the Secretary determines that a chemical facility is not in compliance with this section, the Secretary shall provide the owner or operator with written notification (including a clear explanation of deficiencies in the vulnerability assessment and site security plan) and opportunity for consultation, and issue an order to comply by such date as the Secretary determines to be appropriate under the circumstances, subject to paragraph (2).

`(2) ORDER TO CEASE OPERATION- If the owner or operator 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.

`(d) Exclusive Authority of Secretary- 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.

`(e) Effect on Other Federal Laws- Nothing in this section 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. 2104. AUTHORITY OF STATES.

`This title does 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 issued under this title, or otherwise impair any right or jurisdiction of any State with respect to chemical facilities within that State.'.

END