I 

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. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Chemical Facilities Se5 curity Act of 2008’’. 

6 SEC. 2. MODIFICATION AND TRANSFER OF CHEMICAL-FA7 CILITIES SECURITY PROGRAM. 

8 (a) STRIKING OF SUNSET PROVISION.—Section 550 

9 of Public Law 109–295 is amended by striking subsection 

10 (b). 


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1 (b) PREEMPTION.—Section 550 of Public Law 109– 

2 295, as amended by section 534 of division E of Public 

3 Law 110–161, is amended by striking subsection (h). 

4 (c) TRANSFER.—Section 550 of Public Law 109– 

5 295, as amended by subsections (a) and (b), is— 

6 (1) transferred from Public Law 109–295; 

7 (2) redesignated as section 2101; 

8 (3) transferred to the Homeland Security Act 

9 of 2002; and 

10 (4) added at the end of such Act. 

11 (d) STYLISTIC MODIFICATIONS; REVISIONS REGARD12 ING PREEMPTION.—The Homeland Security Act of 2002 

13 (6 U.S.C. 101 et seq.), as amended by subsection (c), is 

14 amended by striking section 2101 and inserting the fol15 lowing: 

16 ‘‘TITLE XXI—REGULATION OF SE17 CURITY PRACTICES AT CHEM18 ICAL FACILITIES 

19 ‘‘SEC. 2101. RISK-BASED PERFORMANCE STANDARDS; VUL20 NERABILITY ASSESSMENTS; SITE SECURITY 

21 PLANS. 

22 ‘‘(a) IN GENERAL.— 

23 ‘‘(1) REGULATIONS.—The Secretary shall by 

24 regulation establish risk-based performance stand25 ards for security of chemical facilities and require 


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1 vulnerability assessments and the development and 

2 implementation of site security plans for such facili3 ties, subject to paragraph (2). 

4 ‘‘(2) COVERED FACILITIES.—This title applies 

5 to chemical facilities that, in the discretion of the 

6 Secretary, present high levels of security risk. 

7 ‘‘(b) LAYERED SECURITY MEASURES.—Regulations 

8 under subsection (a) shall permit each chemical facility, 

9 in developing and implementing site security plans, to se10 lect layered security measures that, in combination, appro11 priately address the vulnerability assessment and the risk12 based performance standards for security for the facility. 

13 ‘‘(c) AUTHORITY OF SECRETARY REGARDING SITE

14 SECURITY PLANS.—The Secretary may not disapprove a 

15 site security plan submitted under this section based on 

16 the presence or absence of a particular security measure, 

17 but the Secretary may disapprove a site security plan if 

18 the plan fails to satisfy the risk-based performance stand19 ards established by this section. 

20 ‘‘(d) ALTERNATIVE SECURITY PROGRAMS.—The Sec21 retary may approve alternative security programs estab22 lished by private sector entities, Federal, State, or local 

23 authorities, or other applicable laws if the Secretary deter24 mines that the requirements of such programs meet the 

25 requirements of this section and the interim regulations. 


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1 ‘‘(e) REVIEW OF VULNERABILITY ASSESSMENTS AND

2 SITE SECURITY PLANS.—The Secretary shall review and 

3 approve each vulnerability assessment and site security 

4 plan required under this section. 

5 ‘‘(f) EXEMPTED FACILITIES.—The Secretary shall 

6 not apply regulations issued pursuant to this title to any 

7 of the following: 

8 ‘‘(1) Facilities regulated pursuant to the Mari9 time Transportation Security Act of 2002. 

10 ‘‘(2) Public water systems, as defined by section 

11 1401 of the Safe Drinking Water Act. 

12 ‘‘(3) Treatment works, as defined in section 

13 212 of the Federal Water Pollution Control Act. 

14 ‘‘(4) Any facility owned or operated by the De15 partment of Defense or the Department of Energy. 

16 ‘‘(5) Any facility subject to regulation by the 

17 Nuclear Regulatory Commission. 

18 ‘‘SEC. 2102. PROTECTIONS FROM PUBLIC DISCLOSURE. 

19 ‘‘(a) IN GENERAL.—Notwithstanding any other pro20 vision of law, information developed under this title, in21 cluding vulnerability assessments, site security plans, and 

22 other security-related information, records, and docu23 ments, shall be given protections from public disclosure 

24 consistent with similar information developed by chemical 


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1 facilities subject to regulation under section 70103 of title 

2 46, United States Code, subject to subsection (b). 

3 ‘‘(b) LIMITATION.—Subsection (a) does not prohibit 

4 the sharing of information, as the Secretary deems appro5 priate, with State and local government officials pos6 sessing the necessary security clearances, including law 

7 enforcement officials and first responders, for the purpose 

8 of carrying out this title, except that such information may 

9 not be disclosed pursuant to any State or local law. 

10 ‘‘(c) TREATMENT AS SENSITIVE SECURITY INFORMA11 TION.—In any proceeding to enforce this title, vulner12 ability assessments, site security plans, and other informa13 tion submitted to or obtained by the Secretary under this 

14 title, and related vulnerability or security information, 

15 shall be treated as if the information were classified mate16 rial. 

17 ‘‘SEC. 2103. ENFORCEMENT. 

18 ‘‘(a) CIVIL PENALTY.—Any person who violates an 

19 order issued under this title shall be liable for a civil pen20 alty under section 70119(a) of title 46, United States 

21 Code. 

22 ‘‘(b) AUDITS AND INSPECTIONS.—The Secretary 

23 shall audit and inspect chemical facilities for the purposes 

24 of determining compliance with the regulations issued pur25 suant to this title. 


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1 ‘‘(c) NOTICE OF NONCOMPLIANCE.— 

2 ‘‘(1) IN GENERAL.—If the Secretary determines 

3 that a chemical facility is not in compliance with this 

4 section, the Secretary shall provide the owner or op5 erator with written notification (including a clear ex6 planation of deficiencies in the vulnerability assess7 ment and site security plan) and opportunity for 

8 consultation, and issue an order to comply by such 

9 date as the Secretary determines to be appropriate 

10 under the circumstances, subject to paragraph (2). 

11 ‘‘(2) ORDER TO CEASE OPERATION.—If the 

12 owner or operator continues to be in noncompliance, 

13 the Secretary may issue an order for the facility to 

14 cease operation, until the owner or operator complies 

15 with the order. 

16 ‘‘(d) EXCLUSIVE AUTHORITY OF SECRETARY.— 

17 Nothing in this title confers upon any person except the 

18 Secretary a right of action against an owner or operator 

19 of a chemical facility to enforce any provision of this title. 

20 ‘‘(e) EFFECT ON OTHER FEDERAL LAWS.—Nothing 

21 in this section shall be construed to supersede, amend, 

22 alter, or affect any Federal law that regulates the manu23 facture, distribution in commerce, use, sale, other treat24 ment, or disposal of chemical substances or mixtures. 


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1 ‘‘SEC. 2104. AUTHORITY OF STATES. 

2 ‘‘This title does not preclude or deny any right of any 

3 State or political subdivision thereof to adopt or enforce 

4 any regulation, requirement, or standard of performance 

5 with respect to chemical facility security that is more 

6 stringent than a regulation, requirement, or standard of 

7 performance issued under this title, or otherwise impair 

8 any right or jurisdiction of any State with respect to chem9 ical facilities within that State.’’. 

Æ 


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