I 

108TH CONGRESS 

1ST SESSION H. R. 1861

To help protect the public against the threat of chemical attacks. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 29, 2003

Mr. PALLONE (for himself, Mr. MARKEY, Mr. BROWN of Ohio, Mr. HOLT, and 

Ms. JACKSON-LEE of Texas) 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.

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Chemical Security Act of 2003’’. 

6 (b) TABLE OF CONTENTS.—The table of contents is 

7 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. Disseminating information on inherently safer technologies. 

Sec. 6. Employee and first responder training. 

Sec. 7. Enforcement. 
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Sec. 8. Recordkeeping and entry. 

Sec. 9. Penalties. 

Sec. 10. No effect on requirements under other law. 

Sec. 11. Authorization of appropriations.

1 SEC. 2. FINDINGS. 

2 Congress finds that—

3 (1) the chemical industry is a crucial part of 

4 the critical infrastructure of the United States—

5 (A) in its own right; and 

6 (B) because that industry supplies re7 sources essential to the functioning of other 

8 critical infrastructures; 

9 (2) the possibility of terrorist and criminal at10 tacks on chemical sources (such as industrial facili11 ties) poses a serious threat to public health, safety, 

12 and welfare, critical infrastructure, national security, 

13 and the environment; 

14 (3) the possibility of theft of dangerous chemi15 cals from chemical sources for use in terrorist at16 tacks poses a further threat to public health, safety, 

17 and welfare, critical infrastructure, national security, 

18 and the environment; and 

19 (4) there are significant opportunities to pre20 vent theft from, and criminal attack on, chemical 

21 sources and reduce the harm that such acts would 

22 produce by—
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1 (A)(i) reducing usage and storage of 

2 chemicals by changing production methods and 

3 processes; and 

4 (ii) employing inherently safer technologies 

5 in the manufacture, transport, and use of 

6 chemicals; 

7 (B) enhancing secondary containment and 

8 other existing mitigation measures; and 

9 (C) improving security. 

10 SEC. 3. DEFINITIONS. 

11 In this Act: 

12 (1) ADMINISTRATOR.—The term ‘‘Adminis13 trator’’ means the Administrator of the Environ14 mental Protection Agency. 

15 (2) CHEMICAL SOURCE.—The term ‘‘chemical 

16 source’’ means a stationary source (as defined in 

17 section 112(r)(2) of the Clean Air Act (42 U.S.C. 

18 7412(r)(2))) that contains a substance of concern. 

19 (3) COVERED SUBSTANCE OF CONCERN.—The 

20 term ‘‘covered substance of concern’’ means a sub21 stance of concern that, in combination with a chem22 ical source and other factors, is designated as a high 

23 priority category by the Administrator under section 

24 4(a)(1). 
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1 (4) EMPLOYEE.—The term ‘‘employee’’ 

2 means—

3 (A) a duly recognized collective bargaining 

4 representative at a chemical source; or 

5 (B) in the absence of such a representa6 tive, other appropriate personnel. 

7 (5) FIRST RESPONDER.—The term ‘‘first re8 sponder’’ includes firefighters and emergency med9 ical personnel. 

10 (6) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of the Homeland Security. 

12 (7) SAFER DESIGN AND MAINTENANCE.—The 

13 term ‘‘safer design and maintenance’’ includes, with 

14 respect to a chemical source that is within a high 

15 priority category designated under section 4(a)(1), 

16 implementation, to the extent practicable, of the 

17 practices of—

18 (A) preventing or reducing the vulner19 ability of the chemical source to a release of a 

20 covered substance of concern through use of in21 herently safer technology; 

22 (B) reducing any vulnerability of the chem23 ical source to a release of a covered substance 

24 of concern that remains after the measures de25 scribed in subparagraph (A) through use of
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1 well-maintained secondary containment, control, 

2 or mitigation equipment; and 

3 (C) reducing the potential consequences of 

4 any vulnerability of the chemical source to a re5 lease of a covered substance of concern through 

6 the use of buffer zones between the chemical 

7 source and surrounding populations (including 

8 buffer zones between the chemical source and 

9 residences, schools, hospitals, senior centers, 

10 shopping centers and malls, sports and enter11 tainment arenas, public roads and transpor12 tation routes, and other population centers). 

13 (8) SECURITY MEASURE.—

14 (A) IN GENERAL.—The term ‘‘security 

15 measure’’ means an action carried out to in16 crease the security of a chemical source. 

17 (B) INCLUSIONS.—The term ‘‘security 

18 measure’’, with respect to a chemical source, in19 cludes—

20 (i) employee training and background 

21 checks; 

22 (ii) the limitation and prevention of 

23 access to controls of the chemical source; 

24 (iii) protection of the perimeter of the 

25 chemical source; 
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1 (iv) the installation and operation of 

2 an intrusion detection sensor; and 

3 (v) a measure to increase computer or 

4 computer network security. 

5 (9) SUBSTANCE OF CONCERN.—(A) The term 

6 ‘‘substance of concern’’ means—

7 (i) any regulated substance (as defined in 

8 section 112(r) of the Clean Air Act (42 U.S.C. 

9 7412(r))); and 

10 (ii) any substance designated by the Ad11 ministrator under section 4(a). 

12 (B) The term does not include liquefied petro13 leum gas that is used as fuel or held for sale as fuel 

14 at a retail facility as described in section 

15 112(r)(4)(B) of the Clean Air Act (42 U.S.C. 

16 7412(r)(4)(B)). 

17 (10) UNAUTHORIZED RELEASE.—The term 

18 ‘‘unauthorized release’’ means— 

19 (A) a release from a chemical source into 

20 the environment of a covered substance of con21 cern that is caused, in whole or in part, by a 

22 criminal act; 

23 (B) a release into the environment of a 

24 covered substance of concern that has been re-
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1 moved from a chemical source, in whole or in 

2 part, by a criminal act; and 

3 (C) a release or removal from a chemical 

4 source of a covered substance of concern that is 

5 unauthorized by the owner or operator of the 

6 chemical source. 

7 (11) USE OF INHERENTLY SAFER TECH8 NOLOGY.—

9 (A) IN GENERAL.—The term ‘‘use of in10 herently safer technology’’, with respect to a 

11 chemical source, means use of a technology, 

12 product, raw material, or practice that, as com13 pared with the technologies, products, raw ma14 terials, or practices currently in use— 

15 (i) reduces or eliminates the possi16 bility of a release of a substance of concern 

17 from the chemical source prior to sec18 ondary containment, control, or mitigation; 

19 and 

20 (ii) reduces or eliminates the threats 

21 to public health and the environment asso22 ciated with a release or potential release of 

23 a substance of concern from the chemical 

24 source. 
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1 (B) INCLUSIONS.—The term ‘‘use of inher2 ently safer technology’’ includes input substi3 tution, catalyst or carrier substitution, process 

4 redesign (including reuse or recycling of a sub5 stance of concern), product reformulation, pro6 cedure simplification, and technology modifica7 tions that meet the criteria in paragraph 

8 (11)(A) and—

9 (i) use less hazardous substances or 

10 benign substances; 

11 (ii) use a smaller quantity of covered 

12 substances of concern; 

13 (iii) reduce hazardous pressures or 

14 temperatures; 

15 (iv) reduce the possibility and poten16 tial consequences of equipment failure and 

17 human error; 

18 (v) improve inventory control and 

19 chemical use efficiency; and 

20 (vi) reduce or eliminate storage, 

21 transportation, handling, disposal, and dis22 charge of substances of concern. 
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1 SEC. 4. DESIGNATION OF AND REQUIREMENTS FOR HIGH 

2 PRIORITY CATEGORIES. 

3 (a) DESIGNATION AND REGULATION OF HIGH PRI4 ORITY CATEGORIES BY THE ADMINISTRATOR.—

5 (1) IN GENERAL.—Not later than 1 year after 

6 the date of enactment of this Act, the Administrator, 

7 in consultation with the Secretary and State and 

8 local agencies responsible for planning for and re9 sponding to unauthorized releases and providing 

10 emergency health care, shall promulgate regulations 

11 to designate certain combinations of chemical 

12 sources and substances of concern as high priority 

13 categories based on the severity of the threat posed 

14 by an unauthorized release from the chemical 

15 sources. 

16 (2) FACTORS TO BE CONSIDERED.—In desig17 nating high priority categories under paragraph (1) 

18 the Administrator, in consultation with the Sec19 retary, the United States Chemical Safety and Haz20 ard Investigation Board, and State and local agen21 cies described in paragraph (1)—

22 (A) the severity of the harm that could be 

23 caused by an unauthorized release; 

24 (B) the proximity to population centers; 

25 (C) the threats to national security; 

26 (D) the threats to critical infrastructure;
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1 (E) threshold quantities of substances of 

2 concern that pose a serious threat; and

3 (F) such other safety or security factors as 

4 the Administrator, in consultation with the Sec5 retary, determines to be appropriate. 

6 (3) REQUIREMENTS FOR HIGH PRIORITY CAT7 EGORIES.—

8 (A) IN GENERAL.—Not later than 1 year 

9 after the date of enactment of this Act, the Ad10 ministrator, in consultation with the Secretary, 

11 the United States Chemical Safety and Hazard 

12 Investigation Board, and State and local agen13 cies described in paragraph (1), shall promul14 gate regulations to require each owner and each 

15 operator of a chemical source that is within a 

16 high priority category designated under para17 graph (1), in consultation with local law en18 forcement, first responders, and employees, 

19 to—

20 (i) conduct an assessment of the vul21 nerability of the chemical source to a ter22 rorist attack or other unauthorized release; 

23 (ii) using appropriate hazard assess24 ment techniques, identify hazards that may 
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1 result from an unauthorized release of a 

2 covered substance of concern; and 

3 (iii) prepare a prevention, prepared4 ness, and response plan that incorporates 

5 the results of those vulnerability and haz6 ard assessments. 

7 (B) ACTIONS AND PROCEDURES.—A pre8 vention, preparedness, and response plan re9 quired under subparagraph (A)(iii) shall in10 clude—

11 (i) actions and procedures, including 

12 safer design and maintenance of the chem13 ical source, to eliminate or significantly 

14 lessen the potential consequences of an un15 authorized release of a covered substance 

16 of concern; 

17 (ii) a specific numeric goal for the 

18 percent by which the size of the vulner19 ability zone, as measured by distance to an 

20 endpoint, will be reduced, relative to the 

21 size of the vulnerability zone reported in 

22 the offsite consequence analysis most re23 cently submitted pursuant to section 

24 112(r) of the Clean Air Act (42 U.S.C. 

25 7412(r)); 
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1 (iii) such security measures as are 

2 necessary—

3 (I) to reduce vulnerability of the 

4 chemical source to release of a covered 

5 substance of concern until actions and 

6 procedures planned under subpara7 graph (B)(i) have been implemented; 

8 and 

9 (II) to reduce vulnerability of the 

10 chemical source to release of a covered 

11 substance of concern that remains 

12 after actions and procedures planned 

13 under subparagraph (B)(i) have been 

14 implemented; and 

15 (iv) for emergency response plans, an 

16 evaluation of the adequacy of evacuation 

17 plans for the population living within the 

18 vulnerability zone. 

19 (C) THREAT INFORMATION.—To the max20 imum extent permitted by applicable authorities 

21 and the interests of national security, the Sec22 retary, in consultation with the Administrator, 

23 shall provide owners and operators of chemical 

24 sources with threat information relevant to the 
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1 assessments and plans required under sub2 section (b). 

3 (4) REVIEW AND REVISIONS.—Not later than 5 

4 years after the date of promulgation of regulations 

5 under each of paragraphs (1) and (3), the Adminis6 trator, in consultation with the Secretary, shall re7 view the regulations and make any necessary revi8 sions. 

9 (5) ADDITION OF SUBSTANCES OF CONCERN.—

10 For the purpose of designating high priority cat11 egories under paragraph (1) or any subsequent revi12 sion of the regulations promulgated under paragraph 

13 (1), the Administrator, in consultation with the Sec14 retary, may designate additional substances that 

15 pose a serious threat as substances of concern. 

16 (b) CERTIFICATION.—

17 (1) VULNERABILITY AND HAZARD ASSESS18 MENTS.—Not later than 1 year after the date of 

19 promulgation of regulations under subsection (a)(3), 

20 each owner and each operator of a chemical source 

21 that is within a high priority category designated 

22 under subsection (a)(1) shall—

23 (A) certify to the Administrator that the 

24 chemical source has conducted assessments in 

25 accordance with the regulations; and 
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1 (B) submit to the Administrator written 

2 copies of the assessments. 

3 (2) PREVENTION, PREPAREDNESS, AND RE4 SPONSE PLANS.—(A) Not later than 18 months 

5 after the date of promulgation of regulations under 

6 subsection (a)(3), the owner or operator shall certify 

7 to the Administrator that the chemical source has 

8 completed a prevention, preparedness, and response 

9 plan that incorporates the results of the assessments 

10 and complies with the regulations. 

11 (B) Such certification shall include—

12 (i) the goal for reducing the size of the vul13 nerability zone, described in section 

14 (a)(3)(B)(ii); 

15 (ii) a general description of each option 

16 considered, within each element of safer design 

17 and maintenance, in developing the prevention, 

18 preparedness, and response plans; 

19 (iii) a general description of each option 

20 selected for implementation; and 

21 (iv) for options not implemented, an indi22 cation of the reason(s). 

23 (3) 5-YEAR REVIEW.—Not later than 5 years 

24 after each of the dates of submission of a copy of 

25 an assessment under paragraph (1) and a plan 
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1 under paragraph (2), and not less often than every 

2 3 years thereafter, the owner or operator of the 

3 chemical source covered by the assessment or plan, 

4 in coordination with local law enforcement and first 

5 responders, shall—

6 (A) review the adequacy of the assessment 

7 or plan, as the case may be; and 

8 (B)(i) certify to the Administrator that the 

9 chemical source has completed the review; and 

10 (ii) as appropriate, submit to the Adminis11 trator any changes to the assessment or plan. 

12 (4) PROTECTION OF INFORMATION.—

13 (A) DISCLOSURE EXEMPTION.—Except 

14 with respect to certifications specified in para15 graphs (1) through (3) of this subsection and 

16 section 5(a), all information provided to the Ad17 ministrator under this subsection, and all infor18 mation derived from that information, shall be 

19 exempt from disclosure under section 552 of 

20 title 5, United States Code. 

21 (B) DEVELOPMENT OF PROTOCOLS.—Not 

22 later than 1 year after the date of enactment of 

23 this Act, the Administrator, in consultation 

24 with the Secretary, shall develop such protocols 

25 as are necessary to protect the copies of the as-
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1 sessments and plans required to be submitted 

2 under this subsection (including the information 

3 contained in those assessments and plans) from 

4 unauthorized disclosure. Such protocols shall 

5 ensure that—

6 (i) each copy of such assessment or 

7 plan, and all information contained in or 

8 derived from the assessment or plan, is 

9 kept in a secure location; 

10 (ii) only individuals designated by the 

11 Administrator may have access to the cop12 ies of the assessments or plans; and 

13 (iii) no copy of an assessment or plan, 

14 or part of an assessment or plan, or infor15 mation contained in or derived from an as16 sessment or plan shall be available to any17 one other than an individual designated by 

18 the Administrator. 

19 At the earliest possible time prior to 1 year 

20 after the date of enactment of this Act, the Ad21 ministrator shall complete the development of 

22 such protocols for the purpose of having them 

23 in place prior to receiving any assessment or 

24 plan. 
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1 (C) OFFICER OR EMPLOYEES OF THE

2 U.S.—An individual referred to in paragraph 

3 (B)(ii) who is an officer or employee of the 

4 United States may discuss the contents of an 

5 assessment or plan with a State or local official. 

6 SEC. 5. DISSEMINATING INFORMATION ON INHERENTLY 

7 SAFER TECHNOLOGIES. 

8 (a) INHERENTLY SAFER TECHNOLOGIES CLEARING9 HOUSE.—

10 (1) AUTHORITY.—The Administrator shall es11 tablish a publicly available clearinghouse to compile 

12 and disseminate information on the use and avail13 ability of inherently safer technologies. 

14 (2) INCLUSIONS.—The clearinghouse shall in15 clude information on—

16 (A) general and specific types of inherently 

17 safer technologies; 

18 (B) combinations of covered sources and 

19 substances of concern for which the inherently 

20 safer technologies could be appropriate; 

21 (C) the scope of current use and avail22 ability of the technologies; 

23 (D) the costs and cost savings resulting 

24 from inherently safer technologies; 

25 (E) technological transfer; 
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1 (F) the availability of technical assistance; 

2 (G) business practices that enable or en3 courage inherently safer technologies; 

4 (H) current users of inherently safer tech5 nologies; and 

6 (I) such other information as the Adminis7 trator deems appropriate. 

8 (3) COLLECTION OF INFORMATION.—The Ad9 ministrator shall collect information for the clearing10 house—

11 (A) from documents submitted by owners 

12 or operators pursuant to this Act; 

13 (B) by surveying owners or operators who 

14 have de-registered their facilities from the re15 quirements of 40 CFR part 68; or 

16 (C) through such other methods as the Ad17 ministrator deems appropriate. 

18 (4) PUBLIC AVAILABILITY.—Information avail19 able publicly through the clearinghouse shall not 

20 identify specific facilities by name. 

21 (b) TECHNOLOGY TRANSITION FUND.—

22 (1) ESTABLISHMENT.—The Administrator and 

23 the Secretary of Energy shall establish and admin24 ister a fund to be known as the ‘‘Technology Transi-
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1 tion Fund’’, consisting of the amount transferred to 

2 the Fund under paragraph (3)(A). 

3 (2) USE OF AMOUNTS IN FUND.—Amounts in 

4 the Fund established under paragraph(1) shall be 

5 used by the Administrator and the Secretary to pro6 vide grants to chemical facilities that demonstrate fi7 nancial hardship to assist those chemical facilities in 

8 implementing inherently safer technologies. 

9 (3) FUNDING.—

10 (A) IN GENERAL.—Notwithstanding any 

11 other provision of law, out of any funds in the 

12 Treasury not otherwise appropriated, the Sec13 retary of the Treasury shall transfer to the 

14 Fund, for use by the Secretary and the Admin15 istrator in carrying out this section, not later 

16 than 30 days after the date of enactment of 

17 this Act, such sums as are necessary. 

18 (B) RECEIPT AND ACCEPTANCE.—The Ad19 ministrator and Secretary shall be entitled to 

20 receive, shall accept, and shall use to carry out 

21 this subsection the funds transferred to the 

22 Fund under subparagraph (A), without further 

23 appropriation.
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1 (C) AVAILABILITY OF FUNDS.—Funds 

2 transferred under subparagraph (A) shall re3 main available until expended. 

4 SEC. 6. EMPLOYEE AND FIRST RESPONDER TRAINING. 

5 (a) AUTHORITY.—The Administrator shall make 

6 grants to provide for training of first responders and of 

7 employees at chemical sources. 

8 (b) ADMINISTRATION.—The administrator may enter 

9 into agreements with the National Institute for Environ10 mental Health Sciences to administer grants made under 

11 this section. 

12 (c) PURPOSES.—Grants made under this subsection 

13 shall provide for training and education of first responders 

14 or employees at covered sources in— 

15 (1) identifying opportunities to reduce or sig16 nificantly eliminate the vulnerability of a chemical 

17 source to a release of a substance of concern 

18 through the use of inherently safer technologies; or 

19 (2) appropriate emergency response procedures. 

20 (d) GRANT RECIPIENTS.—Grants shall be awarded to 

21 nonprofit organizations which demonstrate experience in 

22 implementing and operating worker health and safety or 

23 first responder training and education programs. 

24 (e) FUNDING.—Notwithstanding any other provision 

25 of law, out of any funds in the Treasury not otherwise 
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1 appropriated, the Secretary of the Treasury shall transfer 

2 to the Fund, for use in carrying out this section, not later 

3 than 30 days after the date of enactment of this Act, such 

4 sums as are necessary. 

5 SEC. 7. ENFORCEMENT. 

6 (a) REVIEW OF PLANS.—

7 (1) IN GENERAL.—The Administrator, in con8 sultation with the Secretary, shall review each as9 sessment and plan submitted under section 4(b) to 

10 determine the compliance of the chemical source cov11 ered by the assessment or plan with regulations pro12 mulgated under paragraphs (1) and (3) of section 

13 4(a). 

14 (2) CERTIFICATION OF COMPLIANCE.—

15 (A) IN GENERAL.—The Administrator 

16 shall certify in writing each determination of 

17 the Administrator under paragraph (1). 

18 (B) INCLUSIONS.—A certification of the 

19 Administrator shall include a checklist indi20 cating consideration by a chemical source of the 

21 use of 3 elements of safer design and mainte22 nance described in subparagraphs (A) through 

23 (C) of section 3(7). 

24 (C) EARLY COMPLIANCE.—
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1 (i) IN GENERAL.—The Administrator, 

2 in consultation with the Secretary, shall—

3 (I) before the date of publication 

4 of proposed regulations under section 

5 4(a)(3), review each assessment or 

6 plan submitted to the Administrator 

7 under section 4(b); and 

8 (II) before the date of promulga9 tion of final regulations under section 

10 4(a)(3), determine whether each such 

11 assessment or plan meets the con12 sultation, planning, and assessment 

13 requirements applicable to high pri14 ority categories under section 4(a)(3). 

15 (ii) AFFIRMATIVE DETERMINATION.—

16 If the Administrator, in consultation with 

17 the Secretary, makes an affirmative deter18 mination under clause (i)(II), the Adminis19 trator shall certify compliance of an assess20 ment or plan described in that clause with21 out requiring any revision of the assess22 ment or plan. 

23 (D) SCHEDULE FOR REVIEW AND CERTIFI24 CATION.—
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1 (i) IN GENERAL.—The Administrator, 

2 after taking into consideration the factors 

3 described in section 4(a)(2), shall establish 

4 a schedule for the review and certification 

5 of assessments and plans submitted under 

6 section 4(b). 

7 (ii) DEADLINE FOR COMPLETION.—

8 Not later than 3 years after the deadlines 

9 for the submission of assessments and 

10 plans under paragraph (1) or (2), respec11 tively, of section 4(b), the Administrator 

12 shall complete the review and certification 

13 of all assessments and plans submitted 

14 under those sections. 

15 (b) COMPLIANCE ASSISTANCE.—

16 (1) DEFINITION OF DETERMINATION.—In this 

17 subsection, the term ‘‘determination’’ means a deter18 mination by the Administrator that, with respect to 

19 an assessment or plan described in section 4(b)—

20 (A) the assessment or plan does not com21 ply with regulations promulgated under para22 graphs (1) and (3) of section 4(a); or 

23 (B)(i) a threat exists beyond the scope of 

24 the submitted plan; or 
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1 (ii) current implementation of the plan is 

2 insufficient to address—

3 (I) the results of an assessment of a 

4 source; or 

5 (II) a threat described in clause (i). 

6 (2) DETERMINATION BY ADMINISTRATOR.—If 

7 the Administrator, after consultation with the Sec8 retary, makes a determination, the Administrator 

9 shall—

10 (A) notify the chemical source of the deter11 mination; and 

12 (B) provide such advice and technical as13 sistance, in coordination with the Secretary and 

14 the United States Chemical Safety and Hazard 

15 Investigation Board, as is appropriate—

16 (i) to bring the assessment or plan of 

17 a chemical source described in section 4(b) 

18 into compliance; or 

19 (ii) to address any threat described in 

20 clause (i) or (ii) of paragraph (1)(B). 

21 (c) COMPLIANCE ORDERS.—

22 (1) IN GENERAL.—If, after the date that is 30 

23 days after the later of the date on which the Admin24 istrator first provides assistance, or a chemical 

25 source receives notice, under subsection (b)(2)(B), a
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1 chemical source has not brought an assessment or 

2 plan for which the assistance is provided into com3 pliance with regulations promulgated under para4 graphs (1) and (3) of section 4(a), or the chemical 

5 source has not complied with an entry or informa6 tion request under section 6, the Administrator may 

7 issue an order directing compliance by the chemical 

8 source. 

9 (2) NOTICE AND OPPORTUNITY FOR HEAR10 ING.—An order under paragraph (1) may be issued 

11 only after notice and opportunity for a hearing. 

12 (d) ABATEMENT ACTION.—

13 (1) IN GENERAL.—Notwithstanding a certifi14 cation under section 5(a)(2), if the Secretary, in 

15 consultation with local law enforcement officials and 

16 first responders, determines that a threat of a ter17 rorist attack exists that is beyond the scope of a 

18 submitted prevention, preparedness, and response 

19 plan of 1 or more chemical sources, or current im20 plementation of the plan is insufficient to address 

21 the results of an assessment of a source or a threat 

22 described in subsection (b)(1)(B)(i), the Secretary 

23 shall notify each chemical source of the elevated 

24 threat. 
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1 (2) INSUFFICIENT RESPONSE.—If the Secretary 

2 determines that a chemical source has not taken ap3 propriate action in response to a notification under 

4 paragraph (1), the Secretary shall notify the chem5 ical source, the Administrator, and the Attorney 

6 General that actions taken by the chemical source in 

7 response to the notification are insufficient. 

8 (3) RELIEF.—

9 (A) IN GENERAL.—On receipt of a notifi10 cation under paragraph (2), the Administrator 

11 or the Attorney General may secure such relief 

12 as is necessary to abate a threat described in 

13 paragraph (1), including such orders as are 

14 necessary to protect public health or welfare. 

15 (B) JURISDICTION.—The district court of 

16 the United States for the district in which a 

17 threat described in paragraph (1) occurs shall 

18 have jurisdiction to grant such relief as the Ad19 ministrator or Attorney General requests under 

20 subparagraph (A). 

21 SEC. 8. RECORDKEEPING AND ENTRY. 

22 (a) RECORDS MAINTENANCE.—A chemical source 

23 that is required to certify to the Administrator assess24 ments and plans under section 4 shall maintain on the 
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1 premises of the chemical source a current copy of those 

2 assessments and plans. 

3 (b) RIGHT OF ENTRY.—In carrying out this Act, the 

4 Administrator (or an authorized representative of the Ad5 ministrator), on presentation of credentials— 

6 (1) shall have a right of entry to, on, or 

7 through any premises of an owner or operator of a 

8 chemical source described in subsection (a) or any 

9 premises in which any records required to be main10 tained under subsection (a) are located; and 

11 (2) may at reasonable times have access to, and 

12 may copy, any records, reports, or other information 

13 described in subsection (a). 

14 (c) INFORMATION REQUESTS.—In carrying out this 

15 Act, the Administrator may require any chemical source 

16 to provide such information as is necessary to—

17 (1) enforce this Act; and 

18 (2) promulgate or enforce regulations under 

19 this Act. 

20 SEC. 9. PENALTIES. 

21 (a) CIVIL PENALTIES.—Any owner or operator of a 

22 chemical source that violates, or fails to comply with, any 

23 order issued may, in an action brought in United States 

24 district court, be subject to a civil penalty of not more 
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1 than $25,000 for each day in which such violation occurs 

2 or such failure to comply continues. 

3 (b) CRIMINAL PENALTIES.—Any owner or operator 

4 of a chemical source that knowingly violates, or fails to 

5 comply with, any order issued shall—

6 (1) in the case of a first violation or failure to 

7 comply, be fined not less than $2,500 nor more than 

8 $25,000 per day of violation, imprisoned not more 

9 than 1 year, or both; and 

10 (2) in the case of a subsequent violation or fail11 ure to comply, be fined not more than $50,000 per 

12 day of violation, imprisoned not more than 2 years, 

13 or both. 

14 (c) ADMINISTRATIVE PENALTIES.—

15 (1) PENALTY ORDERS.—If the amount of a civil 

16 penalty determined under subsection (a) does not ex17 ceed $125,000, the penalty may be assessed in an 

18 order issued by the Administrator. 

19 (2) NOTICE AND HEARING.—Before issuing an 

20 order described in paragraph (1), the Administrator 

21 shall provide to the person against which the penalty 

22 is to be assessed—

23 (A) written notice of the proposed order; 

24 and 
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•HR 1861 IH 

1 (B) the opportunity to request, not later 

2 than 30 days after the date on which the notice 

3 is received by the person, a hearing on the pro4 posed order. 

5 SEC. 10. NO EFFECT ON REQUIREMENTS UNDER OTHER 

6 LAW. 

7 Nothing in this Act affects any duty or other require8 ment imposed under any other Federal or State law. 

9 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

10 There are authorized to be appropriated such sums 

11 as are necessary to carry out this Act.

Æ