I

106TH CONGRESS

1ST SESSION H. R. 2257

To provide for a 1-year moratorium on the disclosure of certain submissions

under section 112(r) of the Clean Air Act to provide for the reporting

of certain site security information to the Congress, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 17, 1999

Mr. GREEN of Texas (for himself, Mr. DINGELL, Mr. BROWN of Ohio, Mr.

WAXMAN, Mr. STRICKLAND, Mr. BARRETT of Wisconsin, Mr. PALLONE,

Mr. STUPAK, Mr. TOWNS, Mrs. CAPPS, Ms. DEGETTE, Mr. DEUTSCH,

Ms. ESHOO, and Mr. HALL of Texas) introduced the following bill; which

was referred to the Committee on Commerce, and in addition to the Committees on Government Reform, and the Judiciary, for the period to be

subsequently determined by the Speaker, in each case for consideration

of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To provide for a 1-year moratorium on the disclosure of

certain submissions under section 112(r) of the Clean

Air Act to provide for the reporting of certain site security information to the Congress, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Chemical Security Act

3 of 1999’’.

4 SEC. 2. DEFINITIONS.

5 For purposes of this Act:

6 (1) The term ‘‘Administrator’’ means the Ad7 ministrator of the Environmental Protection Agency.

8 (2) The term ‘‘Off-site Consequence Analysis

9 Submission’’ means only the off-site consequence

10 portion of a risk management plan submitted to the

11 Administrator under section 68.165 of title 40 of the

12 Code of Federal Regulations, as in effect on the date

13 of the enactment of this Act.

14 (3) The term ‘‘covered stationary source’’

15 means a stationary source of any air pollutant that

16 is required to submit a risk management plan under

17 section 112(r)(7)(B) of the Clean Air Act.

18 (4) The term ‘‘official use’’ means any action

19 that is intended to carry out a function of a Federal,

20 State, or local agency or entity having responsibility

21 for planning for or responding to chemical releases

22 at a stationary source. Such term includes disclosing

23 the results of an Off-site Consequence Analysis Sub24 mission in any format different than that used in

25 the Submission.
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1 (5) The term ‘‘authorized contractor’’ means a

2 person having responsibility for handling risk man3 agement plans under subparagraph (B) of section

4 112(r)(7) of the Clean Air Act under contract with

5 the Administrator, the Chemical Safety and Hazard

6 Investigation Board, a State, or a local agency or

7 entity referred to in clause (iii) of such subpara8 graph (B).

9 SEC. 3. ONE-YEAR MORATORIUM FOR CONGRESSIONAL

10 CONSIDERATION.

11 (a) PROHIBITION.—

12 (1) IN GENERAL.—Notwithstanding any other

13 provision of any Federal, State, or local law that

14 provides for freedom of information or public disclo15 sure of governmental information, in order to pro16 vide for Congressional consideration of the effects of

17 the public disclosure required under clause (iii) of

18 section 112(r)(7)(B) of the Clean Air Act and for

19 consideration of the reports under section 4 of this

20 Act, no Off-site Consequence Analysis Submission

21 shall be disclosed, or made available, to the public or

22 to any person or entity by the Administrator, the

23 Chemical Safety and Hazard Investigation Board, a

24 State, a local agency or an entity referred to in such

25 clause (iii), or any authorized contractor.
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1 (2) ONE-YEAR PERIOD.—The prohibition set

2 forth in paragraph (1) shall apply only for a period

3 ending 1-year after the date of the enactment of this

4 Act.

5 (3) PERMITTED DISCLOSURE.—The prohibition

6 set forth in paragraph (1) shall not apply to disclo7 sure of an Off-site Consequence Analysis Submission

8 for official use only pursuant to clause (iii) of sec9 tion 112(r)(7)(B) of the Clean Air Act to the Ad10 ministrator, the Chemical Safety and Hazard Inves11 tigation Board, a State, a local agency or an entity

12 referred to in such clause (iii), or any authorized

13 contractor.

14 (b) PENALTY.—The violation of the prohibition set

15 forth in subsection (a) shall be an infraction punishable

16 under section 3571 of title 18 of the United States Code.

17 In any case in which more than one Off-site Consequence

18 Analysis Submission has been disclosed or made available

19 in violation of subsection (a), the violation with respect

20 to each such Submission shall be considered a separate

21 violation for purposes of such section 3571. The total of

22 all penalties imposed on a single person or organization

23 for violations of subsection (a) shall not exceed $100,000.

24 (c) DISCLOSURE WITHOUT FACILITY IDENTIFICA25 TION.—Notwithstanding the moratorium under subsection
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1 (a), after June 21, 1999, the Administrator shall make

2 information from risk management plans, including infor3 mation from the Off-site Consequence Analysis Submis4 sions, available to the public in accordance with section

5 112(r)(7)(B)(iii) of the Clean Air Act in a form which does

6 not include any information concerning the identity or lo7 cation of the covered stationary sources for which such

8 plans were prepared.

9 (d) EMERGENCY PLANNING MEETINGS.—Not later

10 than 180 days after the date of enactment of this Act,

11 each owner or operator of a covered stationary source shall

12 convene a meeting with community representatives, em13 ployees and contractors working at the covered stationary

14 source and with local emergency planning committees and

15 other appropriate emergency responders to discuss the

16 measures necessary to prevent, and protect the source

17 from, attacks by terrorists and other criminals. Not later

18 than 10 months after the date of enactment of this Act,

19 each such owner or operator shall send a certification to

20 the Director of the Federal Bureau of Investigation stat21 ing that such meeting has been held within one year prior

22 to, or within 10 months after, the date of the enactment

23 of this Act.
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1 SEC. 4. SITE SECURITY STUDY AND REPORTS TO CON2 GRESS.

3 (a) SITE SECURITY.—The Attorney General, using

4 available data to the extent possible, and analyzing a sam5 pling of covered stationary sources selected at the discre6 tion of the Attorney General, and in consultation with ap7 propriate State, local, and Federal governmental agencies,

8 affected industry and the public, shall review the vulner9 ability of covered stationary sources to criminal and ter10 rorist activity, current industry practices regarding site se11 curity, security of transportation of extremely hazardous

12 substances, and the effectiveness of this Act. Six months

13 after the date of the enactment of this Act, the Attorney

14 General shall submit a report to the Congress containing

15 the results of the review, together with recommendations

16 for reducing vulnerability to criminal and terrorist activity

17 through inherently safer practices and site security, and

18 the need for additional legislation. If the report rec19 ommends information security measures, it shall describe

20 the means by which any individual shall be guaranteed ac21 cess to risk management information without a geo22 graphical restriction. The Attorney General shall submit

23 updates of such report biennially after the submission of

24 the first report.

25 (d) COMPTROLLER GENERAL REPORT.—Not later

26 than 180 days after the enactment of this Act, the Comp-
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1 troller General of the United States shall submit a report

2 to the Congress on the health and environmental effects

3 of public disclosure of information. In preparing such re4 port the Comptroller General shall consult with the Ad5 ministrator and appropriate representatives of the States,

6 local governments, affected industries, emergency respond7 ers, and public interest groups and shall undertake a spe8 cific examination of the reduction in toxic chemical re9 leases associated with the reporting requirements of sec10 tion 313 of the Superfund Amendments and Reauthoriza11 tion Act of 1986 (Toxics Release Inventory).

12 SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

13 There are authorized to be appropriated such sums

14 as may be necessary to carry out this Act.

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