I
107TH CONGRESS
2D SESSION
H. R. 5300
To help protect the public against the threat of chemical attacks.
IN THE HOUSE OF REPRESENTATIVES
JULY 26, 2002
Mr. PALLONE (for himself and Mrs. ROUKEMA) introduced the following bill;
which was referred to the Committee on Energy and Commerce
A BILL
To help protect the public against the threat of chemical
attacks.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Chemical Security Act of 2002’’.
(b) TABLE OF CONTENTS.—The table of contents is
as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Designation of and requirements for high priority categories.
Sec. 5. Enforcement.
Sec. 6. Recordkeeping and entry.
Sec. 7. Penalties.
Sec. 8. No effect on requirements under other law.
Sec. 9. Authorization of appropriations.
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 re-
sources essential to the functioning of other
critical infrastructures;
(2) the possibility of terrorist and criminal at-
tacks on chemical sources (such as industrial facili-
ties) poses a serious threat to public health, safety,
and welfare, critical infrastructure, national security,
and the environment;
(3) the possibility of theft of dangerous chemi-
cals from chemical sources for use in terrorist at-
tacks poses a further threat to public health, safety,
and welfare, critical infrastructure, national security,
and the environment; and
(4) there are significant opportunities to pre-
vent 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 ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental 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 sub-
stance of concern that, in combination with a chem-
ical 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 representa-
tive, other appropriate personnel.
(5) HEAD OF THE OFFICE.—The term ‘‘head of
the Office’’ means the head of the Office of Home-
land Security (or a successor agency).
(6) 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 vulner-
ability of the chemical source to a release of a
covered substance of concern through use of in-
herently safer technology;
(B) reducing any vulnerability of the chem-
ical source to a release of a covered substance
of concern through use of well-maintained sec-
ondary containment, control, or mitigation
equipment;
(C) reducing any vulnerability of the chem-
ical 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 re-
lease 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 enter-
tainment arenas, public roads and transpor-
tation routes, and other population centers).
(7) SECURITY MEASURE.—
(A) IN
GENERAL.—The term ‘‘security
measure’’ means an action carried out to in-
crease 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.
(8) SUBSTANCE OF CONCERN.—The term ‘‘sub-
stance of concern’’ means—
(A) any regulated substance (as defined in
section 112(r) of the Clean Air Act (42 U.S.C.
7412(r))); and
(B) any substance designated by the Ad-
ministrator under section 4(a).
(9) UNAUTHORIZED RELEASE.—The term ‘‘un-
authorized release’’ means—
(A) a release from a chemical source into
the environment of a covered substance of con-
cern 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 re-
moved 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
cedure simplification, and technology modifica-
tion 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 poten-
tial 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 dis-
charge of substances of concern.
SEC. 4. DESIGNATION OF AND REQUIREMENTS FOR HIGH
PRIORITY CATEGORIES.
(a) DESIGNATION AND REGULATION OF HIGH PRI-
ORITY 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 desig-
nating 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 appro-
priate.
(3) REQUIREMENTS FOR HIGH PRIORITY CAT-
EGORIES.—
(A) IN GENERAL.—Not later than 1 year
after the date of enactment of this Act, the Ad-
ministrator, 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 employ-
ees, to—
(i) conduct an assessment of the vul-
nerability of the chemical source to a ter-
rorist attack or other unauthorized release;
(ii) using appropriate hazard assess-
ment techniques, identify hazards that may
result from an unauthorized release of a
covered substance of concern; and
(iii) prepare a prevention, prepared-
ness, and response plan that incorporates
the results of those vulnerability and haz-
ard assessments.
(B) ACTIONS AND PROCEDURES.—A pre-
vention, preparedness, and response plan re-
quired 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 max-
imum extent permitted by applicable authorities
and the interests of national security, the head
of the Office, in consultation with the Adminis-
trator, shall provide owners and operators of
chemical sources with threat information rel-
evant 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 Adminis-
trator, 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 cat-
egories under paragraph (1) or any subsequent revi-
sion 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
ASSESS-
MENTS.—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
RE-
SPONSE 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 incor-
porates the results of the assessments and com-
plies 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 coordi-
nation with local law enforcement and first respond-
ers, 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 Adminis-
trator any changes to the assessment or plan.
(4) PROTECTION OF INFORMATION.—
(A) 
DISCLOSURE
EXEMPTION.—Except
with respect to certifications specified in para-
graphs (1) through (3) of this subsection and
section 5(a), all information provided to the Ad-
ministrator under this subsection, and all infor-
mation derived from that information, shall be
exempt from disclosure under section 552 of
title 5, United States Code.
(B) DEVELOPMENT OF PROTOCOLS.—Not
later than 1 year after the date of enactment of
this Act, 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. Such pro-
tocols shall ensure that—
(i) each copy of such assessment or
plan, and all information contained in or
derived from the assessment or plan, is
kept in a secure location;
(ii) only individuals designated by the
Administrator may have access to the cop-
ies of the assessments or plans; and
(iii) no copy of an assessment or plan,
or part of an assessment or plan, or infor-
mation contained in or derived from an as-
sessment or plan shall be available to any-
one other than an individual designated by
the Administrator.
At the earliest possible time prior to 1 year
after the date of enactment of this Act, the Ad-
ministrator shall complete the development of
such protocols for the purpose of having them
in place prior to receiving any assessment or
plan.
(C) OFFICER
OR
EMPLOYEES
OF
THE
U.S..—An individual referred to in paragraph
(B)(ii) who is an officer or employee of the
United States may discuss the contents of an
assessment or plan with a State or local official.
SEC. 5. ENFORCEMENT.
(a) REVIEW OF PLANS.—
(1) IN GENERAL.—The Administrator, in con-
sultation 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 regu-
lations 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 indi-
cating consideration by a chemical source of the
use of 4 elements of safer design and mainte-
nance 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 promulga-
tion of final regulations under section
4(a)(3), determine whether each such
assessment or plan meets the con-
sultation, planning, and assessment
requirements applicable to high pri-
ority categories under section 4(a)(3).
(ii) AFFIRMATIVE DETERMINATION.—
If the Administrator, in consultation with
the head of the Office, makes an affirma-
tive 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 CERTIFI-
CATION.—
(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), respec-
tively, 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 deter-
mination by the Administrator that, with respect to
an assessment or plan described in section 4(b)—
(A) the assessment or plan does not com-
ply with regulations promulgated under para-
graphs (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 Adminis-
trator shall—
(A) notify the chemical source of the deter-
mination; and
(B) provide such advice and technical as-
sistance, 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 Admin-
istrator 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 com-
pliance with regulations promulgated under para-
graphs (1) and (3) of section 4(a), or the chemical
source has not complied with an entry or informa-
tion request under section 6, the Administrator may
issue an order directing compliance by the chemical
source.
(2) NOTICE
AND
OPPORTUNITY
FOR
HEAR-
ING.—An order under paragraph (1) may be issued
only after notice and opportunity for a hearing.
(d) ABATEMENT ACTION.—
(1) IN
GENERAL.—Notwithstanding a certifi-
cation under section 5(a)(2), if the head of the Of-
fice, in consultation with local law enforcement offi-
cials and first responders, determines that a threat
of a terrorist attack exists that is beyond the scope
of a submitted prevention, preparedness, and re-
sponse plan of 1 or more chemical sources, or cur-
rent implementation of the plan is insufficient to ad-
dress 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 notifica-
tion 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 notifi-
cation 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 Ad-
ministrator 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 assess-
ments 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 Ad-
ministrator), 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 main-
tained 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 fail-
ure 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 ex-
ceed $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 pro-
posed order.
SEC. 8. NO EFFECT ON REQUIREMENTS UNDER OTHER
LAW.
Nothing in this Act affects any duty or other require-
ment 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.
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