,i #aacth ,,congress #b;d ,session ,h4 ,r4 #djjg ,,in ,,the ,,house ,,of ,,representatives ,february #f1 #bjad,mr4 ,meehan 7for himself1 ,mr4 ,mc,caul1 ,mr4 ,king of ,new ,york1 ,mr4 ,gene ,green of ,texas1 ,mrs4 ,miller of ,michigan1 and ,mr4 ,rogers of ,alabama7 introduced the following bill2 which was referred to the ,committee on ,homeland ,security1 and in addition to the ,committee on ,energy and ,commerce1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to recodify and reauthorize the ,chemical ,facility ,anti-,terrorism ,standards ,program4 #a4 ,short title ,this ,act may be cited as the ,chemical ,facility ,anti-,terrorism ,standards ,program ,authorization and ,accountability ,act of #bjad4 #b4 ,chemical ,facility ,anti-,terrorism ,standards ,program 7a7 ,program established ,there is in the ,department of ,homeland ,security a ,chemical ,facility ,anti-,terrorism ,standards ,program4 ,under such ,program1 the ,secretary of ,homeland ,security shall establish risk-based performance standards designed to protect covered chemical facilities from acts of terrorism and require such facilities to submit security vulnerability assessments and to develop and implement site security plans4 7b7 ,security measures ,site security plans required under subsection 7a7 may include layered security measures that1 in combination1 appropriately address the security vulnerability assessment and the risk-based performance standards for security for the facility4 7c7 ,approval or disapproval of site security plans 7#a7 ,in general ,the ,secretary shall review and approve or disapprove each security vulnerability assessment and site security plan under subsection 7a74 ,the ,secretary may not disapprove a site security plan based on the presence or absence of a particular security measure1 but the ,secretary shall disapprove a site security plan if the plan fails to satisfy the risk-based performance standards established under subsection 7a74 7#b7 ,alternative security programs ,the ,secretary may approve an alternative security program established by a private sector entity or a ,federal1 ,state1 or local authority or pursuant to other applicable laws1 if the ,secretary determines that the requirements of such program meet the requirements of this section4 ,a covered chemical facility may meet the site security plan requirement under subsection 7a7 by adopting an alternative security program that has been reviewed and approved by the ,secretary under this paragraph4 7#c7 ,site security plan assessments ,in approving or disapproving a site security plan under this subsection1 the ,secretary shall employ the risk assessment policies and procedures developed under this ,act4 ,in the case of a covered chemical facility for which a site security plan has been approved by the ,secretary before the date of the enactment of this ,act1 the ,secretary may not require the resubmission of the site security information solely by reason of the enactment of this ,act4 7d7 ,compliance 7#a7 ,audits and inspections ,the ,secretary shall arrange for the audit and inspection of covered chemical facilities for the purpose of determining compliance with this ,act4 ,under any such arrangement1 the audit and inspection may be carried out by a non-,department or nongovernment entity1 as approved by the ,secretary4 7#b7 ,notice of noncompliance ,if the ,secretary determines that a covered chemical facility is not in compliance with this section1 the ,secretary shall provide the owner or operator of the facility with written notification 7including a clear explanation of any deficiency in the security vulnerability assessment or site security plan7 and opportunity for consultation with the ,secretary or the ,secretary's designee1 and shall issue an order to comply by such date as the ,secretary determines to be appropriate under the circumstances4 ,if the owner or operator continues to be in noncompliance after the date specified in such order1 the ,secretary may enter an order assessing a civil penalty1 an order to cease operations1 or both4 7#c7 ,personnel surety ,to satisfy the requirements of a risk-based performance standard that addresses personnel surety by identifying individuals with terrorist ties1 a covered chemical facility may utilize any ,federal screening program that periodically vets individuals against the terrorist screening database1 or any successor1 including the ,department of ,homeland ,security ,personnel ,surety ,program4 7#d7 ,facility access ,for purposes of the compliance of a covered chemical facility with a risk-based performance standard established under subsection 7a71 the ,secretary may not require the facility to submit any information about an individual who has been granted access to the facility unless the individual-- 7,a7 was vetted under the ,department of ,homeland ,security ,personnel ,surety ,program2 or 7,b7 has been identified as presenting a terrorism security risk4 7#e7 ,availability of information ,the ,secretary shall share with the owner or operator of a covered chemical facility such information as the owner or operator needs to comply with this section4 7e7 ,responsibilities of the ,secretary 7#a7 ,identification of facilities of interest ,in carrying out this ,act1 the ,secretary shall consult with the heads of other ,federal agencies1 ,states and political subdivisions thereof1 and relevant business associations to identify all chemical facilities of interest4 7#b7 ,risk assessment 7,a7 ,in general ,for purposes of this ,act1 the ,secretary shall develop a risk assessment approach and corresponding tiering methodology that incorporates all relevant elements of risk1 including threat1 vulnerability1 and consequence4 7,b7 ,criteria for determining security risk ,the criteria for determining the security risk of terrorism associated with a facility shall include-- 7i7 the threat to the facility based upon available intelligence2 7ii7 the potential economic consequences and the potential loss of human life in the event of the facility being subject to a terrorist attack2 and 7iii7 the vulnerability of the facility to a terrorist attack4 7f7 ,covered chemical facility ,in this ,act1 the term covered chemical facility means a chemical facility that the ,secretary designates as a chemical facility of interest under subsection 7e77#a7 and determines presents a high level of security risk4 ,such term does not include any of the following3 7#a7 ,a facility regulated pursuant to the ,maritime ,transportation ,security ,act of #bjjb 7,public ,law #ajg-bie74 7#b7 ,a ,public ,water ,system1 as such term is defined by section #adja of the ,safe ,drinking ,water ,act 7,public ,law #ic-ebc2 #db ,u4,s4,c4 #cjj;f74 7#c7 ,a ,treatment ,works1 as such term is defined in section #bab of the ,federal ,water ,pollution ,control ,act 7,public ,law #ib-ejj2 #cc ,u4,s4,c4 #abibj74 7#d7 ,any facility owned or operated by the ,department of ,defense or the ,department of ,energy4 7#e7 ,any facility subject to regulation by the ,nuclear ,regulatory ,commission4 #c4 ,protection of information 7a7 ,in general ,notwithstanding any other provision of law1 information developed pursuant to this ,act1 including vulnerability assessments1 site security plans1 and other security related information1 records1 and documents shall be given protections from public disclosure consistent with similar information developed by chemical facilities subject to regulation under section #gjajc of title #df1 ,united ,states ,code4 7b7 ,sharing of information with ,states and local governments ,this section does not prohibit the sharing of information developed pursuant to this ,act1 as the ,secretary deems appropriate1 with ,state and local government officials possessing the necessary security clearances1 including law enforcement officials and first responders1 for the purpose of carrying out this ,act1 if such information may not be disclosed pursuant to any ,state or local law4 7c7 ,enforcement proceedings ,in any proceeding to enforce this section1 vulnerability assessments1 site security plans1 and other information submitted to or obtained by the ,secretary under this section1 and related vulnerability or security information1 shall be treated as if the information were classified material4 #d4 ,civil penalties 7a7 ,violations ,any person who violates an order issued under this ,act shall be liable for a civil penalty under section #gjaai7;a7 of title #df1 ,united ,states ,code4 7b7 ,right of action ,nothing in this ,act confers upon any person except the ,secretary a right of action against an owner or operator of a covered chemical facility to enforce any provision of this ,act4 #e4 ,relationship to other laws 7a7 ,other ,federal laws ,nothing in this ,act shall be construed to supersede1 amend1 alter1 or affect any ,federal law that regulates the manufacture1 distribution in commerce1 use1 sale1 other treatment1 or disposal of chemical substances or mixtures4 7b7 ,states and political subdivisions ,this ,act shall not preclude or deny any right of any ,state or political subdivision thereof to adopt or enforce any regulation1 requirement1 or standard of performance with respect to chemical facility security that is more stringent than a regulation1 requirement1 or standard of performance issued under this section1 or otherwise impair any right or jurisdiction of any ,state with respect to chemical facilities within that ,state1 unless there is an actual conflict between this section and the law of that ,state4 #f4 ,reports 7a7 ,report to ,congress ,not later than #ah months after the date of the enactment of this ,act1 the ,secretary shall submit to ,congress a report on the ,chemical ,facilities ,anti-,terrorism ,standards ,program4 ,such report shall include each of the following3 7#a7 ,certification by the ,secretary that the ,secretary has made significant progress in the identification of all chemical facilities of interest pursuant to section #b7;e77#a71 including a description of the steps taken to achieve such progress and the metrics used to measure it4 7#b7 ,certification by the ,secretary that the ,secretary has developed a risk assessment approach and corresponding tiering methodology pursuant to section #b7;e77#b74 7#c7 ,an assessment by the ,secretary of the implementation by the ,department of ,homeland ,security of any recommendations made by the ,homeland ,security ,studies and ,analysis ,institute as outlined in the ,institute's ,tiering ,methodology ,peer ,review 7,publication ,number3 ,,rp#ab-bb-jb74 7b7 ,semiannual ,,gao report ,during the #b-year period beginning on the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit a semiannual report to ,congress containing the assessment of the ,comptroller ,general of the implementation of this ,act4 ,the ,comptroller ,general shall submit the first such report by not later than the date that is #ahj days after the date of the enactment of this ,act4 #g4 ,termination ,the authority under this ,act shall terminate on the date that is #b years after the date of the enactment of this ,act4 #h4 ,effective date ,this ,act shall take effect on the date that is #cj days after the date of the enactment of this ,act4 #i4 ,use of existing regulations 7a7 ,in general ,in carrying out the requirements of this ,act1 the ,secretary may1 to the extent that the ,secretary determines is appropriate1 use any of the ,,cfats regulations1 as in effect immediately before the date of the enactment of this ,act1 that the ,secretary determines carry out such requirements4 7b7 ,,cfats regulations ,in this section1 the term ,,cfats regulations means the regulations prescribed pursuant to section #eej of the ,department of ,homeland ,security ,appropriations ,act 7,public ,law #aji-bie2 #abj ,stat4 #achh2 #f ,u4,s4,c4 #aba note74