Chemical Facility Anti-Terrorism Act of 2008

To amend the Homeland Security Act of 2002 to extend, modify, and recodify the authority of the Secretary of Homeland Security to enhance security and protect against acts of terrorism against chemical facilities, and for other purposes.

3/14/2008--Reported to House without amendment, Part I. (This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
Chemical Facility Anti-Terrorism Act of 2008 -
(Sec. 3) Expresses the sense of Congress that the Secretary of Homeland Security should:
(1) extend and modify the Chemical Facility Anti-Terrorism Standards;
(2) take a holistic approach to securing sources of chemicals against a terrorist attack; and
(3) expediently exercise existing authority to ensure that by focusing on chemicals at fixed site facilities, risk is not transferred to other potential sources of such chemicals.

(Sec. 4) Amends the Homeland Security Act of 2002 to set forth provisions governing the regulation of security practices at chemical facilities. Authorizes the Secretary to designate any chemical substance as a substance of concern and to establish and revise the threshold quantity for such substance after considering the potential extent of death, injury, and serious adverse effects to human health, the environment, critical infrastructure, national security, the national economy, and public welfare that would result from a chemical facility terrorist incident.
Directs the Secretary to:
(1) maintain a list of covered chemical facilities that are of sufficient security risk based on the potential threat or likelihood of a chemical facility terrorist incident, the potential threat and likelihood of death, injury, or serious adverse effects that could result, and the proximity of the facility to population centers;
(2) assign each covered facility to one of at least four risk-based tiers;
(3) establish standards, protocols, and procedures for security vulnerability assessments and site security plans to be required for such facilities;
(4) provide to the owner or operator of each such facility specified information, including the number of individuals at risk as a result of a worst case terrorist incident at the facility;
(5) require the owner or operator to submit and, if approved, implement an assessment and a site security plan for such a facility that addresses the assessment and risk-based performance standards;
(6) include specified employees in developing assessments and plans; and
(7) set deadlines for completing assessments and plans.
Sets minimum requirements for assessments and plans for high-risk facilities. Directs the Secretary to:
(1) provide high-risk facility owners or operators with threat information;
(2) conduct red team exercises to identify vulnerabilities at such facilities;
(3) establish risk-based chemical security performance standards for site security plans; and
(4) conduct security inspections of such facilities. Provides for co-located facilities and alternate security programs that provide for an equivalent level of security. Sets forth recordkeeping and enforcement requirements.
Prohibits retaliation by facility owners or operators against whistleblowers or for refusing to engage in unlawful practices. Authorizes the Secretary to bring an action to enforce compliance. Sets forth requirements regarding civil penalties and penalties for unauthorized disclosure of protected information. Permits states and political subdivisions to adopt or enforce stricter standards with respect to chemical facility security. Provides for assessment, plan, and facility inspection certification by third-party entities.
Requires the owner or operator of a covered chemical facility to:
(1) include in the site security plan an assessment of methods to reduce the consequences of a terrorist attack on that facility; and
(2) implement such methods if certain conditions pertaining to risk reduction, feasibility, and business continuity are met. Requires the Secretary to:
(1) provide information to such facilities on alternative methods; and
(2) make funds available to help defray implementation costs.
Exempts:
(1) any chemical facility that is owned and operated by the Secretary of Defense, the Attorney General, or the Secretary of Energy;
(2) the transportation in commerce of any substance of concern regulated as a hazardous material; and
(3) any chemical facility that is owned or operated by a licensee or certificate holder of the Nuclear Regulatory Commission.
Establishes in the Department of Homeland Security (DHS) an Office of Chemical Facility Security to carry out the Secretary's responsibilities under this Act. Requires the Secretary to issue regulations requiring a covered facility assigned to a high-risk tier to subject covered individuals who have access to restricted areas or critical assets or who are determined to require security background checks under risk-based guidance to security background checks. Establishes a redress process for a covered individual subjected to an adverse employment decision due to such regulations. Prohibits a covered facility from knowingly misrepresenting the scope, application, or meaning of any rules or guidance issued by the Secretary regarding security background check requirements.
Directs the Secretary to establish a National Chemical Security Center of Excellence to conduct research and education and to develop technologies to lower the overall risk of terrorist chemical attack.
Authorizes appropriations.
(Sec. 5) Directs the Secretary to report to Congress on progress in achieving compliance with this Act annually for five years.
(Sec. 6) Requires the DHS Inspector General to report to specified congressional committees by October 1, 2010, on the effectiveness of the implementation of this Act.

(Sec. 7) Requires the Secretary to conduct the rulemaking process so that final rules carrying out this Act are effective on October 1, 2009.

(Sec. 8) Directs the Secretary to:
(1) establish a Chemical Facility Security Training Program to enhance the collective response to terrorism and the capabilities of chemical facilities to prevent, prepare for, respond to, mitigate against, and recover from threatened or actual chemical facility terrorist incidents; and
(2) support the promulgation of national voluntary consensus standards for chemical facility security training.


... morehide bill summary

Sponsor

• Rep. Bennie Thompson [D, MS-2]
• and 20 Co-Sponsors
  • Rep. Christopher Carney [D, PA-10]
  • Rep. Donna Christensen [D, VI-0]
  • Rep. Yvette Clarke [D, NY-11]
  • Rep. Henry Cuellar [D, TX-28]
  • Rep. Peter DeFazio [D, OR-4]
  • Rep. Norman Dicks [D, WA-6]
  • Rep. Bob Etheridge [D, NC-2]
  • Rep. Barney Frank [D, MA-4]
  • Rep. Al Green [D, TX-9]
  • Rep. Jane Harman [D, CA-36]
  • Rep. Sheila Jackson-Lee [D, TX-18]
  • Rep. James Langevin [D, RI-2]
  • Rep. Zoe Lofgren [D, CA-16]
  • Rep. Nita Lowey [D, NY-18]
  • Rep. Edward Markey [D, MA-7]
  • Rep. James McGovern [D, MA-3]
  • Rep. Eleanor Norton [D, DC-0]
  • Rep. William Pascrell [D, NJ-8]
  • Rep. Ed Perlmutter [D, CO-7]
  • Rep. Loretta Sanchez [D, CA-47]
  close

Committees

• House Energy and Commerce
• 3 more
  • House Energy and Commerce
  • House Energy and Commerce
  • House Homeland Security
  close

Amendments

This bill has no amendments.

Amendments to H.R.5577

Number	Status	Purpose

Bill Status

Make a Bill Status Widget

	OpenCongress widgets allow you to display information about bills and issue areas on your own website or blog. First, select which bill or issue you want to track, then customize the appearance of the panel, and finally paste a simple chunk of HTML into your site. Now your community will have an easy, up-to-date way to track the status of important bills and issues in Congress.

Introduced		Voted on by House		Voted on by Senate		Considered By President		Bill Becomes Law
March 11, 2008

Show All Actions (18 actions)Hide Actions

All Bill Actions

• Oct 03, 2008: House Committee on Energy and Commerce Granted an extension for further consideration ending not later than Jan. 3, 2009.
• Oct 02, 2008: House Committee on Energy and Commerce Granted an extension for further consideration ending not later than Oct. 3, 2008.
• Sep 29, 2008: House Committee on Energy and Commerce Granted an extension for further consideration ending not later than Oct. 2, 2008.
• Sep 28, 2008: House Committee on Energy and Commerce Granted an extension for further consideration ending not later than Sept. 29, 2008.
• Sep 26, 2008: House Committee on Energy and Commerce Granted an extension for further consideration ending not later than Sept. 28, 2008.
• Sep 12, 2008: House Committee on Energy and Commerce Granted an extension for further consideration ending not later than Sept. 26, 2008.
• Jul 11, 2008: House Committee on Energy and Commerce Granted an extension for further consideration ending not later than Sept. 12, 2008.
• Jun 12, 2008: Subcommittee Hearings Held.
• May 30, 2008: House Committee on Energy and Commerce Granted an extension for further consideration ending not later than July 11, 2008.
• Apr 11, 2008: House Committee on Energy and Commerce Granted an extension for further consideration ending not later than May 30, 2008.
• Mar 14, 2008: House Committee on Energy and Commerce Granted an extension for further consideration ending not later than April 11, 2008.
• Mar 14, 2008: Reported by the Committee on Homeland Security. H. Rept. 110-550, Part I.
• Mar 12, 2008: Referred to the Subcommittee on Environment and Hazardous Materials.
• Mar 11, 2008: Referred to House Homeland Security
• Mar 11, 2008: Sponsor introductory remarks on measure. (CR E350)
• Introduced on Mar 11, 2008.
• Mar 11, 2008: Referred to House Energy and Commerce
• Mar 11, 2008: Referred to the Committee on Homeland Security, and in addition to the Committee on Energy and Commerce, for a 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.

---

Related Issue Areas:

• Emergency management
• Actions and defenses
• Administrative procedure
• Business
• 57 more
• Business records
• Chemical industries
• Chemical warfare
• Chemicals
• Civil rights
• Confidential communications
• Congress
• Congressional reporting requirements
• Criminal justice
• Criminal justice information
• Department of Homeland Security
• Directories
• Disciplining of employees
• Discrimination in employment
• Dismissal of employees
• Employee selection
• Employee training
• Employers' liability
• Executive departments
• Executive reorganization
• Federal employees
• Federal officials
• Federal preemption
• Fines (Penalties)
• Fraud
• Government employees
• Government information
• Government paperwork
• Governmental investigations
• Grievance procedures
• Hazardous substances
• Identification of criminals
• Industrial buildings
• Inspectors general
• Job training
• Labor
• Law
• Local employees
• Local laws
• Local officials
• Performance measurement
• Planning
• Politics and government
• Removal of officials
• Research and development facilities
• Research centers
• Risk
• Science policy
• Security measures
• Standards
• State and local government
• State employees
• State laws
• State officials
• Terrorism
• Weapons systems
• Whistle blowing

Data from the Congressional Research Service

Users tracking H.R.5577 (1) are also tracking:

Show More User Statistics... Hide User Statistics

In the News

June 12, 2008 Securing Our Chemical Facilities Against Terrorism

HR 5577, the Chemical Facility Anti-Terrorism Act of 2008, establishes a more effective security standard and is a good benchmark for drinking water ...

Was this article useful? Yes or No

Source: Center For American Progress, DC

Did you find this article useful? Your opinion counts - together, we're finding the very best news and blog coverage about Congress available on the web.

June 07, 2008 guest commentary Chemical reaction causing inaction

Fortunately, the House Homeland Security Committee recently introduced HR 5577 to replace this limited temporary program with a comprehensive chemical ...

Was this article useful? Yes or No

Source: Denver Post, CO

Did you find this article useful? Your opinion counts - together, we're finding the very best news and blog coverage about Congress available on the web.

March 23, 2008 Commentary: Congressional inaction on chemical security ...

Fortunately, the House Homeland Security Committee recently introduced HR 5577 to replace this limited temporary program with a comprehensive chemical ...

Was this article useful? Yes or No

Source: Oshkosh Northwestern, WI

Did you find this article useful? Your opinion counts - together, we're finding the very best news and blog coverage about Congress available on the web.

1 more articles...
See most useful news articles

Information made available by:

Blog Coverage

January 05, 2009 Chemical Facility Security News: More Discussion about Chemical ...

The article frequently points to HR 5577 as the model for legislation in the upcoming Congress. The authors note that HR 5577 was held up by the Democrats last summer because it would be easier to pass in a Congress more dominated by ...

Was this article useful? Yes or No

Source: Chemical Facility Security News

Did you find this article useful? Your opinion counts - together, we're finding the very best news and blog coverage about Congress available on the web.

December 30, 2008 OUTLOOK ’09: Tougher US chemical security rules ahead

That existing replacement legislation, HR-5577, is viewed by industry as burdensome because it expressly allows individual states to enact their own, tougher chemical security laws and because it mandates the use of inherently safer ...

Was this article useful? Yes or No

Source: ICIS Americas news headlines

Did you find this article useful? Your opinion counts - together, we're finding the very best news and blog coverage about Congress available on the web.

December 30, 2008 Chemical Facility Security News: SOCMA Takes on IST

This will put SOCMA on a collision course with the House Homeland Security Committee that included a moderate IST requirement in its Chemical Facility Anti-Terrorism Act (CFATA) of 2008 (HR 5577) last year. ...

Was this article useful? Yes or No

Source: Chemical Facility Security News

Did you find this article useful? Your opinion counts - together, we're finding the very best news and blog coverage about Congress available on the web.

65 more posts...
See most useful blog posts

Information made available by: