```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 473 Reported in Senate (RS)]

                                                       Calendar No. 194
112th CONGRESS
  1st Session
                                 S. 473

 To extend the chemical facility security program of the Department of 
               Homeland Security, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 3, 2011

  Ms. Collins (for herself, Mr. Pryor, Mr. Portman, and Ms. Landrieu) 
introduced the following bill; which was read twice and referred to the 
        Committee on Homeland Security and Governmental Affairs

                            October 17, 2011

               Reported by Mr. Lieberman, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL

 
 To extend the chemical facility security program of the Department of 
               Homeland Security, 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 ``Continuing Chemical Facilities 
Antiterrorism Security Act of 2011''.

SEC. 2. EXTENSION OF CHEMICAL FACILITIES ANTITERRORISM SECURITY 
              PROGRAM.

    (a) In General.--Section 550(b) of the Department of Homeland 
Security Appropriations Act, 2007 (6 U.S.C. 121 note) is amended by 
striking ``<DELETED>October 4, 2010</DELETED> October 4, 2011'' and 
inserting ``October 4, 2014''.
    (b) Chemical Facility Security Enhancements.--
            (1) In general.--The Homeland Security Act of 2002 (6 
        U.S.C. 101 et seq.) is amended by adding at the end the 
        following:

                ``TITLE XXI--CHEMICAL FACILITY SECURITY

``SEC. 2101. DEFINITIONS.

    ``In this title--
            ``(1) the term `Board' means the Chemical Facility Security 
        Advisory Board established under section 2105(a);
            ``(2) the term `Chemical Facility Anti-Terrorism Standards' 
        means the interim final regulations issued by the Secretary 
        under section 550 of the Department of Homeland Security 
        Appropriations Act, 2007 (6 U.S.C. 121 note); and
            ``(3) the term `covered chemical facility' means a chemical 
        facility subject to the Chemical Facility Anti-Terrorism 
        Standards.

``SEC. 2102. CHEMICAL SECURITY TRAINING PROGRAM.

    ``(a) Establishment.--Acting through the Administrator of the 
Federal Emergency Management Agency and in coordination with the Under 
Secretary for National Protection and Programs, the Secretary shall 
establish a voluntary chemical security training program (referred to 
in this section as the `training program') for the purpose of enhancing 
the capabilities of covered chemical facilities to prevent, prepare 
for, respond to, mitigate against, and recover from threatened or 
actual acts of terrorism, natural disasters, and other man-made 
disasters.
    ``(b) Requirements.--The training program shall provide validated 
voluntary training that--
            ``(1) reaches multiple disciplines, including Federal, 
        State, and local government officials, commercial personnel and 
        management, and governmental and nongovernmental emergency 
        response providers;
            ``(2) provides training at the awareness, performance, and 
        management and planning levels;
            ``(3) uses multiple training mediums and methods;
            ``(4) is coordinated with training provided by government 
        training facilities, academic institutions, private 
        organizations, and other entities that provide specialized, 
        state-of-the-art training for governmental and nongovernmental 
        emergency responder providers or commercial personnel and 
        management;
            ``(5) uses, as appropriate, government training facilities, 
        courses provided by community colleges, public safety 
        academies, State and private universities, and other 
        facilities;
            ``(6) is consistent with, and supports implementation of, 
        the National Incident Management System, the National Response 
        Framework, the National Infrastructure Protection Plan, the 
        National Preparedness Guidance, the National Preparedness Goal, 
        the National Maritime Transportation Security Plan, and other 
        such national initiatives, and any successors thereto;
            ``(7) is evaluated against clear and consistent performance 
        measures;
            ``(8) addresses security requirements under chemical 
        facility security plans; and
            ``(9) educates, trains, and involves individuals in 
        neighborhoods around chemical facilities on how to observe and 
        report security risks.

``SEC. 2103. CHEMICAL SECURITY EXERCISE PROGRAM.

    ``(a) In General.--Acting through the Administrator of the Federal 
Emergency Management Agency and in coordination with Under Secretary 
for National Protection and Programs, the Secretary shall develop a 
voluntary chemical security exercise program (referred to in this 
section as the `exercise program') for the purpose of offering 
voluntary testing and evaluation of the capabilities of the Federal 
Government, State governments, commercial personnel and management, 
governmental and nongovernmental emergency response providers, the 
private sector, or any other organization or entity, as the Secretary 
determines to be appropriate, to prevent, prepare for, mitigate 
against, respond to, and recover from acts of terrorism, natural 
disasters, and other emergencies at covered chemical facilities.
    ``(b) Requirements.--Under the exercise program, the Secretary 
shall conduct, on a periodic basis, voluntary joint security exercises 
at chemical facilities that are--
            ``(1) scaled and tailored to the needs of each chemical 
        facility;
            ``(2) for the highest risk chemical facilities, as 
        determined by the Secretary, live training exercises;
            ``(3) as realistic as practicable and based on current risk 
        assessments, including credible threats, vulnerabilities, and 
        consequences;
            ``(4) consistent with the National Incident Management 
        System, the National Response Framework, the National 
        Infrastructure Protection Plan, the National Preparedness 
        Guidance, the National Preparedness Goal, the National Maritime 
        Transportation Security Plan, and other such national 
        initiatives, and any successors thereto;
            ``(5) evaluated against clear and consistent performance 
        measures;
            ``(6) assessed to learn best practices, which shall be 
        shared with appropriate Federal, State, and local officials, 
        commercial personnel and management, governmental and 
        nongovernmental emergency response providers, and the private 
        sector;
            ``(7) followed by remedial action in response to lessons 
        learned; and
            ``(8) designed to assist State and local governments and 
        chemical facilities in designing, implementing, and evaluating 
        exercises that--
                    ``(A) conform to the requirements of this 
                paragraph; and
                    ``(B) are consistent with any applicable Buffer 
                Zone Protection Plan, State homeland security plan, or 
                urban area homeland security plan.

``SEC. 2104. VOLUNTARY TECHNICAL ASSISTANCE PROGRAM.

    ``(a) Establishment.--The Secretary, acting through the Assistant 
Secretary for Infrastructure Protection, in coordination with the Under 
Secretary for Science and Technology, and in consultation with the 
Board, shall establish a voluntary technical assistance program under 
which, upon request by the owner or operator of a covered chemical 
facility, and subject to the availability of resources at the 
Department, the Secretary may provide nonbinding assistance or 
recommendations to the owner or operator to--
            ``(1) reduce the risk or consequences associated with a 
        successful act of terrorism against a covered chemical 
        facility, including the reduction of risk or consequences--
                    ``(A) sufficient to decrease the risk-based tier 
                assigned to the covered chemical facility under the 
                Chemical Facility Anti-Terrorism Standards; or
                    ``(B) such that the covered chemical facility no 
                longer presents a high level of security risk; or
            ``(2) aid in compliance with the risk-based performance 
        standards applicable to the covered chemical facility under the 
        Chemical Facility Anti-Terrorism Standards.
    ``(b) Voluntary Nature of Assistance.--
            ``(1) In general.--The decision to--
                    ``(A) participate in the voluntary technical 
                assistance program under this section; or
                    ``(B) implement any assistance or recommendations 
                provided by the Secretary under this section,
        shall be at the sole discretion of the owner or operator of a 
        covered chemical facility.
            ``(2) No required assessment.--The Secretary may not 
        require the owner or operator of a covered chemical facility 
        to--
                    ``(A) consider any assistance or recommendation 
                provided under this section as part of a security 
                vulnerability assessment under the Chemical Facility 
                Anti-Terrorism Standards; or
                    ``(B) assess, directly or indirectly, the costs, 
                benefits, economic or technical feasibility, or 
                practicality of implementing any assistance or 
                recommendation provided under this section.
            ``(3) Site security plan review.--If the site security plan 
        for a covered chemical facility satisfies the risk-based 
        performance standards applicable to the covered chemical 
        facility under the Chemical Facility Anti-Terrorism Standards, 
        the Secretary may not disapprove the site security plan based 
        on--
                    ``(A) a decision by the owner or operator of a 
                covered chemical facility not to--
                            ``(i) participate in the voluntary 
                        technical assistance program under this 
                        section; or
                            ``(ii) implement assistance or a 
                        recommendation provided by the Secretary under 
                        this section; or
                    ``(B) the presence or absence of a particular 
                security measure.
            ``(4) Effect on tiering.--At the request of the owner or 
        operator of a covered chemical facility, the Secretary shall 
        advise the owner or operator of the overall effect that 
        implementing all categories of assistance or recommendations 
        provided by the Secretary under this section would have on the 
        determination by the Secretary--
                    ``(A) of the placement of the covered chemical 
                facility in a risk-based tier under the Chemical 
                Facility Anti-Terrorism Standards; or
                    ``(B) regarding whether the covered chemical 
                facility would no longer present a high level of 
                security risk.
            ``(5) Civil liability.--
                    ``(A) In general.--Subject to subparagraph (B), no 
                action, or failure to act, by the owner or operator of 
                a covered chemical facility relating to assistance or a 
                recommendation provided by the Secretary under this 
                section shall be interpreted, construed, implied, or 
                applied to create any liability or cause of action for 
                compensation for bodily injury, any other injury, or 
                property damage to any person that may result from an 
                act of terrorism or incident at the covered chemical 
                facility.
                    ``(B) Additional or intervening acts or 
                omissions.--Subparagraph (A) shall not apply to any 
                injury or damage caused by any additional or 
                intervening act or omission of the owner or operator of 
                a covered chemical facility.
                    ``(C) Rule of construction.--Except as provided in 
                this section, nothing in subparagraph (A) shall be 
                construed to abrogate or limit any right, remedy, or 
                authority that the Federal Government, any State or 
                local government, or any entity or agency of the 
                Federal Government or a State or local government may 
                possess under any other provision of law.
    ``(c) Best Practices.--Subject to subsection (d), the Secretary 
shall develop a repository for information and data on best practices 
and cost-effective technologies for implementing the Chemical Facility 
Anti-Terrorism Standards and the voluntary technical assistance program 
under this section.
    ``(d) Information Protection.--Any information obtained by the 
Secretary under the voluntary technical assistance program under this 
section or for purposes of subsection (c) shall--
            ``(1) to the extent that the information may reveal 
        vulnerabilities or other details of the security capabilities 
        of a covered chemical facility that may be exploited by 
        terrorists, be protected as chemical-terrorism vulnerability 
        information under the Chemical Facility Anti-Terrorism 
        Standards; and
            ``(2) to the extent that the information may reveal trade 
        secrets or commercial or financial information that is not 
        customarily in the public domain, be protected as though the 
        information was voluntarily shared critical infrastructure 
        information under section 214, except that the requirement 
        under section 214 that the information be voluntarily 
        submitted, including the requirement for an express statement 
        specified in section 214(a)(2), shall not apply to information 
        obtained under this section.
    ``(e) Report on Lessons Learned.--Not later than October 4, 2013, 
the Secretary, in coordination with the Board, shall submit to the 
Committee on Homeland Security and Governmental Affairs of the Senate 
and the Committee on Homeland Security of the House of Representatives 
a report regarding lessons learned from the voluntary technical 
assistance program under this section.
    ``(f) Availability of Appropriations.--Of the amounts made 
available for the Chemical Facility Anti-Terrorism Standards for each 
of fiscal years <DELETED>2011</DELETED> 2012 through <DELETED>2015</DELETED> 
2014, not less than $5,000,000 shall be made available for the 
provision of voluntary technical assistance under this section.

``SEC. 2105. CHEMICAL FACILITY SECURITY ADVISORY BOARD.

    ``(a) Establishment.--Not later than 90 days after the date of 
enactment of this section, the Secretary shall establish under section 
871 a Chemical Facility Security Advisory Board.
    ``(b) Responsibilities.--The Board shall advise the Secretary on 
the implementation of the Chemical Facility Anti-Terrorism Standards, 
including regarding the implementation of the voluntary technical 
assistance program under <DELETED>section 2103</DELETED> section 2104.
    ``(c) Membership.--There shall be 9 members of the Board, who shall 
be appointed by the Secretary and shall represent a geographic and 
substantive cross-section of the United States, including--
            ``(1) not less than 5 owners or operators of covered 
        chemical facilities;
            ``(2) not less than 2 employees of covered chemical 
        facilities with direct responsibility for process design and 
        engineering, production and operations, or chemical process 
        security; and
            ``(3) not less than 2 other experts in the fields of 
        chemistry, security, process design and engineering, process 
        controls and instrumentation, environmental health and safety, 
        maintenance, production and operations, or chemical process 
        security.
    ``(d) Term.--The members of the Board shall be appointed for such 
terms as the Secretary may determine.
    ``(e) Applicability of Federal Advisory Committee Act.--
Notwithstanding section 871(a), except as provided in subsection (f), 
the Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the 
Board.
    ``(f) Exemption From Termination Requirements.--Section 14 of the 
Federal Advisory Committee Act (5 U.S.C. App.) and section 871(b) shall 
not apply to the Board.

``SEC. 2106. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Secretary such 
sums as are necessary to carry out this title.''.
            (2) 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 inserting after the item relating to 
        section 2022 the following:

                ``TITLE XXI--CHEMICAL FACILITY SECURITY

``Sec. 2101. Definitions.
``Sec. 2102. Chemical security training program.
``Sec. 2103. Chemical security exercise program.
``Sec. 2104. Voluntary technical assistance program.
``Sec. 2105. Chemical Facility Security Advisory Board.
``Sec. 2106. Authorization of appropriations.''.
            (3) Sunset.--Effective on the date on which authority 
        terminates under section 550(b) of the Department of Homeland 
        Security Appropriations Act, 2007 (6 U.S.C. 121 note), the 
        Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is 
        amended--
                    (A) by striking title XXI; and
                    (B) in the table of contents in section 1(b), by 
                striking the items relating to title XXI and sections 
                2101 through 2106.
                                                       Calendar No. 194

112th CONGRESS

  1st Session

                                 S. 473

_______________________________________________________________________

                                 A BILL

 To extend the chemical facility security program of the Department of 
               Homeland Security, and for other purposes.

_______________________________________________________________________

                            October 17, 2011

                        Reported with amendments
```