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

Summary: Chemical Facilities Security Act of 2008 - Extends and transfers provisions requiring the Secretary of Homeland Security to establish risk-based performance standards, require vulnerability assessments, and implement site plans for the security of chemical facilities from the Department of Homeland Security Appropriations Act, 2007 to the Homeland Security Act of 2002.

Eliminates the condition that an actual conflict with such provisions would preempt related state or local regulatory authority.

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.''.