Sets forth: (1) certification requirements regarding assessments, and completion and review of response plans, by owners and operators of high priority chemical sources; and (2) protocols for protecting information disclosed in such certifications.
Sets forth provisions regarding: (1) certification by the Administrator of source assessment and plan compliance with requirements; (2) compliance assistance; and (3) compliance orders.
Provides that if the Secretary of Homeland Security determines that: (1) a threat of a terrorist attack exists that is beyond the scope of a submitted plan, or that plan implementation is insufficient, the Secretary shall notify each source of the elevated threat; and (2) a source has not taken appropriate action in response to the notification, the Secretary shall notify the source, the Administrator, and the Attorney General. Authorizes the Administrator or the Attorney General to then secure such relief as necessary to abate a threat.
Sets forth: (1) source record-keeping requirements; (2) entry and access rights of the Administrator; and (3) civil, criminal, and administrative penalties for violations of this Act.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 157 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 157
To help protect the public against the threat of chemical attacks.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 14, 2003
Mr. Corzine (for himself, Mr. Jeffords, Mrs. Boxer, Mrs. Clinton, and
Mr. Lautenberg introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To help protect the public against the threat of chemical attacks.
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 Security Act of 2003''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the chemical industry is a crucial part of the critical
infrastructure of the United States--
(A) in its own right; and
(B) because that industry supplies resources
essential to the functioning of other critical
infrastructures;
(2) the possibility of terrorist and criminal attacks on
chemical sources (such as industrial facilities) poses a
serious threat to public health, safety, and welfare, critical
infrastructure, national security, and the environment;
(3) the possibility of theft of dangerous chemicals from
chemical sources for use in terrorist attacks poses a further
threat to public health, safety, and welfare, critical
infrastructure, national security, and the environment; and
(4) there are significant opportunities to prevent theft
from, and criminal attack on, chemical sources and reduce the
harm that such acts would produce by--
(A)(i) reducing usage and storage of chemicals by
changing production methods and processes; and
(ii) employing inherently safer technologies in the
manufacture, transport, and use of chemicals;
(B) enhancing secondary containment and other
existing mitigation measures; and
(C) improving security.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Chemical source.--The term ``chemical source'' means a
stationary source (as defined in section 112(r)(2) of the Clean
Air Act (42 U.S.C. 7412(r)(2))) that contains a substance of
concern.
(3) Covered substance of concern.--The term ``covered
substance of concern'' means a substance of concern that, in
combination with a chemical source and other factors, is
designated as a high priority category by the Administrator
under section 4(a)(1).
(4) Employee.--The term ``employee'' means--
(A) a duly recognized collective bargaining
representative at a chemical source; or
(B) in the absence of such a representative, other
appropriate personnel.
(5) First responder.--The term ``first responder'' includes
a firefighter.
(6) Head of the office.--The term ``head of the Office''
means the Secretary of Homeland Security.
(7) Safer design and maintenance.--The term ``safer design
and maintenance'' includes, with respect to a chemical source
that is within a high priority category designated under
section 4(a)(1), implementation, to the extent practicable, of
the practices of--
(A) preventing or reducing the vulnerability of the
chemical source to a release of a covered substance of
concern through use of inherently safer technology;
(B) reducing any vulnerability of the chemical
source to a release of a covered substance of concern
through use of well-maintained secondary containment,
control, or mitigation equipment;
(C) reducing any vulnerability of the chemical
source to a release of a covered substance of concern
by implementing security measures; and
(D) reducing the potential consequences of any
vulnerability of the chemical source to a release of a
covered substance of concern through the use of buffer
zones between the chemical source and surrounding
populations (including buffer zones between the
chemical source and residences, schools, hospitals,
senior centers, shopping centers and malls, sports and
entertainment arenas, public roads and transportation
routes, and other population centers).
(8) Security measure.--
(A) In general.--The term ``security measure''
means an action carried out to increase the security of
a chemical source.
(B) Inclusions.--The term ``security measure'',
with respect to a chemical source, includes--
(i) employee training and background
checks;
(ii) the limitation and prevention of
access to controls of the chemical source;
(iii) protection of the perimeter of the
chemical source;
(iv) the installation and operation of an
intrusion detection sensor; and
(v) a measure to increase computer or
computer network security.
(9) Substance of concern.--
(A) In general.--The term ``substance of concern''
means--
(i) any regulated substance (as defined in
section 112(r) of the Clean Air Act (42 U.S.C.
7412(r))); and
(ii) any substance designated by the
Administrator under section 4(a).
(B) Exclusion.--The term ``substance of concern''
does not include liquefied petroleum gas that is used
as fuel or held for sale as fuel at a retail facility
as described in section 112(r)(4)(B) of the Clean Air
Act (42 U.S.C. 7412(r)(4)(B)).
(10) Unauthorized release.--The term ``unauthorized
release'' means--
(A) a release from a chemical source into the
environment of a covered substance of concern that is
caused, in whole or in part, by a criminal act;
(B) a release into the environment of a covered
substance of concern that has been removed from a
chemical source, in whole or in part, by a criminal
act; and
(C) a release or removal from a chemical source of
a covered substance of concern that is unauthorized by
the owner or operator of the chemical source.
(11) Use of inherently safer technology.--
(A) In general.--The term ``use of inherently safer
technology'', with respect to a chemical source, means
use of a technology, product, raw material, or practice
that, as compared with the technologies, products, raw
materials, or practices currently in use--
(i) reduces or eliminates the possibility
of a release of a substance of concern from the
chemical source prior to secondary containment,
control, or mitigation; and
(ii) reduces or eliminates the threats to
public health and the environment associated
with a release or potential release of a
substance of concern from the chemical source.
(B) Inclusions.--The term ``use of inherently safer
technology'' includes input substitution, catalyst or
carrier substitution, process redesign (including reuse
or recycling of a substance of concern), product
reformulation, procedure simplification, and technology
modification so as to--
(i) use less hazardous substances or benign
substances;
(ii) use a smaller quantity of covered
substances of concern;
(iii) reduce hazardous pressures or
temperatures;
(iv) reduce the possibility and potential
consequences of equipment failure and human
error;
(v) improve inventory control and chemical
use efficiency; and
(vi) reduce or eliminate storage,
transportation, handling, disposal, and
discharge of substances of concern.
SEC. 4. DESIGNATION OF AND REQUIREMENTS FOR HIGH PRIORITY CATEGORIES.
(a) Designation and Regulation of High Priority Categories by the
Administrator.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Administrator, in consultation with
the head of the Office and State and local agencies responsible
for planning for and responding to unauthorized releases and
providing emergency health care, shall promulgate regulations
to designate certain combinations of chemical sources and
substances of concern as high priority categories based on the
severity of the threat posed by an unauthorized release from
the chemical sources.
(2) Factors to be considered.--In designating high priority
categories under paragraph (1), the Administrator, in
consultation with the head of the Office, shall consider--
(A) the severity of the harm that could be caused
by an unauthorized release;
(B) the proximity to population centers;
(C) the threats to national security;
(D) the threats to critical infrastructure;
(E) threshold quantities of substances of concern
that pose a serious threat; and
(F) such other safety or security factors as the
Administrator, in consultation with the head of the
Office, determines to be appropriate.
(3) Requirements for high priority categories.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, the Administrator, in
consultation with the head of the Office, the United
States Chemical Safety and Hazard Investigation Board,
and State and local agencies described in paragraph
(1), shall promulgate regulations to require each owner
and each operator of a chemical source that is within a
high priority category designated under paragraph (1),
in consultation with local law enforcement, first
responders, and employees, to--
(i) conduct an assessment of the
vulnerability of the chemical source to a
terrorist attack or other unauthorized release;
(ii) using appropriate hazard assessment
techniques, identify hazards that may result
from an unauthorized release of a covered
substance of concern; and
(iii) prepare a prevention, preparedness,
and response plan that incorporates the results
of those vulnerability and hazard assessments.
(B) Actions and procedures.--A prevention,
preparedness, and response plan required under
subparagraph (A)(iii) shall include actions and
procedures, including safer design and maintenance of
the chemical source, to eliminate or significantly lessen the potential
consequences of an unauthorized release of a covered substance of
concern.
(C) Threat information.--To the maximum extent
permitted by applicable authorities and the interests
of national security, the head of the Office, in
consultation with the Administrator, shall provide
owners and operators of chemical sources with threat
information relevant to the assessments and plans
required under subsection (b).
(4) Review and revisions.--Not later than 5 years after the
date of promulgation of regulations under each of paragraphs
(1) and (3), the Administrator, in consultation with the head
of the Office, shall review the regulations and make any
necessary revisions.
(5) Addition of substances of concern.--For the purpose of
designating high priority categories under paragraph (1) or any
subsequent revision of the regulations promulgated under
paragraph (1), the Administrator, in consultation with the head
of the Office, may designate additional substances that pose a
serious threat as substances of concern.
(b) Certification.--
(1) Vulnerability and hazard assessments.--Not later than 1
year after the date of promulgation of regulations under
subsection (a)(3), each owner and each operator of a chemical
source that is within a high priority category designated under
subsection (a)(1) shall--
(A) certify to the Administrator that the chemical
source has conducted assessments in accordance with the
regulations; and
(B) submit to the Administrator written copies of
the assessments.
(2) Prevention, preparedness, and response plans.--Not
later than 18 months after the date of promulgation of
regulations under subsection (a)(3), the owner or operator
shall--
(A) certify to the Administrator that the chemical
source has completed a prevention, preparedness, and
response plan that incorporates the results of the
assessments and complies with the regulations; and
(B) submit to the Administrator a written copy of
the plan.
(3) 5-year review.--Not later than 5 years after each of
the date of submission of a copy of an assessment under
paragraph (1) and a plan under paragraph (2), and not less
often than every 3 years thereafter, the owner or operator of
the chemical source covered by the assessment or plan, in
coordination with local law enforcement and first responders,
shall--
(A) review the adequacy of the assessment or plan,
as the case may be; and
(B)(i) certify to the Administrator that the
chemical source has completed the review; and
(ii) as appropriate, submit to the Administrator
any changes to the assessment or plan.
(4) Protection of information.--
(A) Disclosure exemption.--Except with respect to
certifications specified in paragraphs (1) through (3)
of this subsection and section 5(a), all information
provided to the Administrator under this subsection,
and all information derived from that information,
shall be exempt from disclosure under section 552 of
title 5, United States Code.
(B) Development of protocols.--
(i) In general.--The Administrator, in
consultation with the head of the Office, shall
develop such protocols as are necessary to
protect the copies of the assessments and plans
required to be submitted under this subsection
(including the information contained in those
assessments and plans) from unauthorized
disclosure.
(ii) Requirements.--The protocols developed
under clause (i) shall ensure that--
(I) each copy of an assessment or
plan, and all information contained in
or derived from the assessment or plan,
is maintained in a secure location;
(II) except as provided in
subparagraph (C), only individuals
designated by the Administrator may
have access to the copies of the
assessments and plans; and
(III) no copy of an assessment or
plan or any portion of an assessment or
plan, and no information contained in
or derived from an assessment or plan,
shall be available to any person other
than an individual designated by the
Administrator.
(iii) Deadline.--As soon as practicable,
but not later than 1 year after the date of
enactment of this Act, the Administrator shall
complete the development of protocols under
clause (i) so as to ensure that the protocols
are in place before the date on which the
Administrator receives any assessment or plan
under this subsection.
(C) Federal officers and employees.--An individual
referred to in subparagraph (B)(ii) who is an officer
or employee of the United States may discuss with a
State or local official the contents of an assessment
or plan described in that subparagraph.
SEC. 5. ENFORCEMENT.
(a) Review of Plans.--
(1) In general.--The Administrator, in consultation with
the head of the Office, shall review each assessment and plan
submitted under section 4(b) to determine the compliance of the
chemical source covered by the assessment or plan with
regulations promulgated under paragraphs (1) and (3) of section
4(a).
(2) Certification of compliance.--
(A) In general.--The Administrator shall certify in
writing each determination of the Administrator under
paragraph (1).
(B) Inclusions.--A certification of the
Administrator shall include a checklist indicating
consideration by a chemical source of the use of 4
elements of safer design and maintenance described in
subparagraphs (A) through (D) of section 3(6).
(C) Early compliance.--
(i) In general.--The Administrator, in
consultation with the head of the Office,
shall--
(I) before the date of publication
of proposed regulations under section
4(a)(3), review each assessment or plan
submitted to the Administrator under
section 4(b); and
(II) before the date of
promulgation of final regulations under
section 4(a)(3), determine whether each
such assessment or plan meets the
consultation, planning, and assessment
requirements applicable to high
priority categories under section
4(a)(3).
(ii) Affirmative determination.--If the
Administrator, in consultation with the head of
the Office, makes an affirmative determination
under clause (i)(II), the Administrator shall
certify compliance of an assessment or plan
described in that clause without requiring any
revision of the assessment or plan.
(D) Schedule for review and certification.--
(i) In general.--The Administrator, after
taking into consideration the factors described
in section 4(a)(2), shall establish a schedule
for the review and certification of assessments
and plans submitted under section 4(b).
(ii) Deadline for completion.--Not later
than 3 years after the deadlines for the
submission of assessments and plans under
paragraph (1) or (2), respectively, of section
4(b), the Administrator shall complete the
review and certification of all assessments and
plans submitted under those sections.
(b) Compliance Assistance.--
(1) Definition of determination.--In this subsection, the
term ``determination'' means a determination by the
Administrator that, with respect to an assessment or plan
described in section 4(b)--
(A) the assessment or plan does not comply with
regulations promulgated under paragraphs (1) and (3) of
section 4(a); or
(B)(i) a threat exists beyond the scope of the
submitted plan; or
(ii) current implementation of the plan is
insufficient to address--
(I) the results of an assessment of a
source; or
(II) a threat described in clause (i).
(2) Determination by administrator.--If the Administrator,
after consultation with the head of the Office, makes a
determination, the Administrator shall--
(A) notify the chemical source of the
determination; and
(B) provide such advice and technical assistance,
in coordination with the head of the Office and the
United States Chemical Safety and Hazard Investigation
Board, as is appropriate--
(i) to bring the assessment or plan of a
chemical source described in section 4(b) into
compliance; or
(ii) to address any threat described in
clause (i) or (ii) of paragraph (1)(B).
(c) Compliance Orders.--
(1) In general.--If, after the date that is 30 days after
the later of the date on which the Administrator first provides
assistance, or a chemical source receives notice, under
subsection (b)(2)(B), a chemical source has not brought an
assessment or plan for which the assistance is provided into
compliance with regulations promulgated under paragraphs (1)
and (3) of section 4(a), or the chemical source has not
complied with an entry or information request under section 6,
the Administrator may issue an order directing compliance by
the chemical source.
(2) Notice and opportunity for hearing.--An order under
paragraph (1) may be issued only after notice and opportunity
for a hearing.
(d) Abatement Action.--
(1) In general.--Notwithstanding a certification under
section 5(a)(2), if the head of the Office, in consultation
with local law enforcement officials and first responders,
determines that a threat of a terrorist attack exists that is
beyond the scope of a submitted prevention, preparedness, and
response plan of 1 or more chemical sources, or current
implementation of the plan is insufficient to address the
results of an assessment of a source or a threat described in
subsection (b)(1)(B)(i), the head of the Office shall notify
each chemical source of the elevated threat.
(2) Insufficient response.--If the head of the Office
determines that a chemical source has not taken appropriate
action in response to a notification under paragraph (1), the
head of the Office shall notify the chemical source, the
Administrator, and the Attorney General that actions taken by
the chemical source in response to the notification are
insufficient.
(3) Relief.--
(A) In general.--On receipt of a notification under
paragraph (2), the Administrator or the Attorney
General may secure such relief as is necessary to abate
a threat described in paragraph (1), including such
orders as are necessary to protect public health or
welfare.
(B) Jurisdiction.--The district court of the United
States for the district in which a threat described in
paragraph (1) occurs shall have jurisdiction to grant
such relief as the Administrator or Attorney General
requests under subparagraph (A).
SEC. 6. RECORDKEEPING AND ENTRY.
(a) Records Maintenance.--A chemical source that is required to
certify to the Administrator assessments and plans under section 4
shall maintain on the premises of the chemical source a current copy of
those assessments and plans.
(b) Right of Entry.--In carrying out this Act, the Administrator
(or an authorized representative of the Administrator), on presentation
of credentials--
(1) shall have a right of entry to, on, or through any
premises of an owner or operator of a chemical source described
in subsection (a) or any premises in which any records required
to be maintained under subsection (a) are located; and
(2) may at reasonable times have access to, and may copy,
any records, reports, or other information described in
subsection (a).
(c) Information Requests.--In carrying out this Act, the
Administrator may require any chemical source to provide such
information as is necessary to--
(1) enforce this Act; and
(2) promulgate or enforce regulations under this Act.
SEC. 7. PENALTIES.
(a) Civil Penalties.--Any owner or operator of a chemical source
that violates, or fails to comply with, any order issued may, in an
action brought in United States district court, be subject to a civil
penalty of not more than $25,000 for each day in which such violation
occurs or such failure to comply continues.
(b) Criminal Penalties.--Any owner or operator of a chemical source
that knowingly violates, or fails to comply with, any order issued
shall--
(1) in the case of a first violation or failure to comply,
be fined not less than $2,500 nor more than $25,000 per day of
violation, imprisoned not more than 1 year, or both; and
(2) in the case of a subsequent violation or failure to
comply, be fined not more than $50,000 per day of violation,
imprisoned not more than 2 years, or both.
(c) Administrative Penalties.--
(1) Penalty orders.--If the amount of a civil penalty
determined under subsection (a) does not exceed $125,000, the
penalty may be assessed in an order issued by the
Administrator.
(2) Notice and hearing.--Before issuing an order described
in paragraph (1), the Administrator shall provide to the person
against which the penalty is to be assessed--
(A) written notice of the proposed order; and
(B) the opportunity to request, not later than 30
days after the date on which the notice is received by
the person, a hearing on the proposed order.
SEC. 8. NO EFFECT ON REQUIREMENTS UNDER OTHER LAW.
Nothing in this Act affects any duty or other requirement imposed
under any other Federal or State law.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S295-297)
Read twice and referred to the Committee on Environment and Public Works. (text of measure as introduced: CR S297-299)
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