II 

Calendar No. 495 

109TH CONGRESS 

2D SESSION S. 2145 

To enhance security and protect against terrorist attacks at chemical facilities. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 19, 2005 

Ms. COLLINS (for herself, Mr. LIEBERMAN, Mr. COLEMAN, Mr. CARPER, Mr. 

LEVIN, Mr. CORZINE, and Mr. SALAZAR) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

JUNE 26, 2006 

Reported by Ms. COLLINS, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To enhance security and protect against terrorist attacks 

at chemical facilities. 

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 Facility Anti5 Terrorism Act of 2005’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) CHEMICAL SOURCE.—The term ‘‘chemical 

4 source’’ means a facility designated as a chemical 

5 source by the Secretary under section 3. 

6 (2) CRITICAL INFRASTRUCTURE.—The term 

7 ‘‘critical infrastructure’’ has the meaning given the 

8 term in section 2 of the Homeland Security Act of 

9 2002 (6 U.S.C. 101). 

10 (3) DEPARTMENT.—The term ‘‘Department’’ 

11 means the Department of Homeland Security. 

12 (4) ENVIRONMENT.—The term ‘‘environment’’ 

13 has the meaning given the term in section 101 of the 

14 Comprehensive Environmental Response, Compensa15 tion, and Liability Act of 1980 (42 U.S.C. 9601). 

16 (5) HIGHER RISK TIER.—The term ‘‘higher risk 

17 tier’’ means a tier designated by the Secretary as a 

18 higher risk tier under section 3(e)(3). 

19 (6) MTSA-REGULATED FACILITIES.—The term 

20 ‘‘MTSA-regulated facility’’ means a facility subject 

21 to the security requirements under chapter 701 of 

22 title 46, United States Code (commonly known as 

23 the ‘‘Maritime Transportation Security Act’’). 

24 (7) OWNER OR OPERATOR.—The term ‘‘owner 

25 or operator’’ means any person who owns, leases, op26 erates, controls, or supervises a chemical source. 


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1 (8) RELEASE.—The term ‘‘release’’ has the 

2 meaning given the term in section 101 of the Com3 prehensive Environmental Response, Compensation, 

4 and Liability Act of 1980 (42 U.S.C. 9601). 

5 (9) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of Homeland Security. 

7 (10) SECURITY MEASURE.— 

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

9 measure’’ means an action to ensure or enhance 

10 the security of a chemical source against a ter11 rorist incident. 

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

13 measure’’, with respect to a chemical source, in14 cludes measures such as— 

15 (i) employee training and background 

16 and identification authentication checks; 

17 (ii) the limitation and prevention of 

18 access to controls of the chemical source; 

19 (iii) the protection of the perimeter of 

20 the chemical source; 

21 (iv) the installation and operation of 

22 intrusion detection sensors; 

23 (v) the implementation of measures to 

24 increase computer or computer network se25 curity; 


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1 (vi) the implementation of other secu2 rity-related measures to ensure or enhance 

3 the security of a chemical source from a 

4 terrorist incident; 

5 (vii) the implementation of measures 

6 and controls to prevent, protect against, or 

7 reduce the consequences of a terrorist inci8 dent, including— 

9 (I) contingency and evacuation 

10 plans; 

11 (II) early warning systems; and 

12 (III) the relocation, hardening of 

13 the storage or containment, modifica14 tion, processing, substitution, or re15 duction of substances of concern; and 

16 (viii) the conduct of any similar secu17 rity-related activity, as determined by the 

18 Secretary. 

19 (11) SUBSTANCE OF CONCERN.—The term 

20 ‘‘substance of concern’’ means— 

21 (A) a chemical substance present at a 

22 chemical source in quantities equal to or ex23 ceeding the threshold quantities for the chem24 ical substance, as defined in or established 


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1 under paragraphs (3) and (5) of section 112(r) 

2 of the Clean Air Act (42 U.S.C. 7412(r)); 

3 (B) ammonium nitrate, in a quantity to be 

4 determined by the Secretary by regulation; and 

5 (C) any other chemical substance des6 ignated as a substance of concern by the Sec7 retary under section 3(i) in quantities equal to 

8 or exceeding the threshold quantities estab9 lished under section 3(i), based on the potential 

10 extent of death, injury, or serious adverse ef11 fects to human health and safety or the envi12 ronment or the potential impact on national or 

13 economic security or critical infrastructure 

14 caused by a terrorist incident involving the 

15 chemical substance. 

16 (12) TERRORISM.—The term ‘‘terrorism’’ has 

17 the meaning given the term in section 2 of the 

18 Homeland Security Act of 2002 (6 U.S.C. 101). 

19 (13) TERRORIST INCIDENT.—The term ‘‘ter20 rorist incident’’ means— 

21 (A) a terrorist attack against a chemical 

22 source; 

23 (B) a release from a chemical source into 

24 the environment of a substance of concern that 

25 is caused by an act of terrorism; and 


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1 (C) the theft of a substance of concern by 

2 a person for off-site release in furtherance of an 

3 act of terrorism. 

4 SEC. 3. DESIGNATION AND TIERING OF CHEMICAL 

5 SOURCES. 

6 (a) DESIGNATION.—Not later than 1 year after the 

7 date of enactment of this Act, the Secretary shall— 

8 (1) promulgate regulations establishing criteria 

9 for designating chemical sources by using the risk 

10 factors described in subsection (b) and by evaluating 

11 the types of facilities described in subsection (c) that 

12 shall be considered in designating chemical sources; 

13 and 

14 (2) designate chemical sources in existence as 

15 of that date. 

16 (b) RISK FACTORS TO BE CONSIDERED.—In estab17 lishing criteria under subsection (a)(1) for designating 

18 chemical sources, the Secretary shall consider— 

19 (1) the perceived threat to a facility, including 

20 a consideration of adversary capabilities and intent, 

21 preparedness, target attractiveness, and deterrence 

22 capabilities; 

23 (2) the potential extent and likelihood of death, 

24 injury, or serious adverse effects to human health 


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1 and safety or to the environment caused by a ter2 rorist incident at a facility; 

3 (3) the threats to or potential impact on na4 tional security or critical infrastructure caused by a 

5 terrorist incident at a facility; 

6 (4) the potential threats or harm to the econ7 omy that would result from a terrorist incident at a 

8 facility, including whether a facility is the sole sup9 plier, or the producer of a high percentage, of a 

10 product that is critical to the economy, the chemical 

11 industry, or national security; 

12 (5) the proximity of a facility to population cen13 ters; 

14 (6) the nature and quantity of substances of 

15 concern at a facility; and 

16 (7) such other security-related factors as the 

17 Secretary determines to be appropriate and nec18 essary to protect the public health and safety, crit19 ical infrastructure, and national and economic secu20 rity. 

21 (c) CRITERIA FOR FACILITIES.—In establishing cri22 teria under subsection (a)(1) for designating chemical 

23 sources, the Secretary shall— 

24 (1) consider any facility that is a stationary 

25 source (as defined in section 112(r)(2) of the Clean 


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1 Air Act (42 U.S.C. 7412(r)(2)) for which the owner 

2 or operator is required to complete a risk manage3 ment plan in accordance with section 

4 112(r)(7)(B)(ii) of the Clean Air Act (42 U.S.C. 

5 7412(r)(7)(B)(ii)); 

6 (2) consider any other facility that produces, 

7 uses, or stores a substance of concern; and 

8 (3) determine whether any additional facility 

9 (including, as of the date of the determination, any 

10 facility that is operational and any facility that will 

11 become operational in the future) shall be designated 

12 chemical sources under this Act. 

13 (d) EXCLUSIONS.—In designating facilities as chem14 ical sources, the Secretary shall not include any facility 

15 owned or operated by the Department of Defense or the 

16 Department of Energy. 

17 (e) TIERED SECURITY SYSTEM.— 

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

19 the date of enactment of this Act, the Secretary 

20 shall promulgate rules establishing a risk-based tier 

21 system of chemical sources that— 

22 (A) shall be based on the criteria estab23 lished by the Secretary under subsection (a)(1); 

24 (B) consists of several tiers of chemical 

25 sources; 


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1 (C) to the maximum extent practicable, en2 ables a chemical source to develop appropriate 

3 site-specific measures to meet the security per4 formance standards established under sub5 section (f) for the tier applicable to the chem6 ical source; and 

7 (D) provides guidance to the owner or op8 erator of a chemical source regarding the steps 

9 that would enable the chemical source to move 

10 to a lower risk tier, if the owner or operator 

11 seeks to move to a lower risk tier. 

12 (2) DETERMINATION OF TIER.—Not later than 

13 1 year after the date of enactment of this Act, the 

14 Secretary shall determine the tier applicable to each 

15 chemical source designated under subsection (a)(2). 

16 (3) HIGHER RISK TIERS.—The Secretary shall 

17 designate 1 or more tiers established under para18 graph (1) as higher risk tiers. 

19 (f) SECURITY PERFORMANCE STANDARDS.— 

20 (1) IN GENERAL.—The Secretary shall establish 

21 security performance standards appropriate to the 

22 risk-based tiers established under subsection (e). 

23 (2) CONTENTS.—The security performance 

24 standards established under paragraph (1) shall— 


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1 (A) set increasingly strict security require2 ments as the level of risk for the tier increases; 

3 (B) enable a chemical source to select se4 curity measures that, in combination, satisfy 

5 the security performance standards established 

6 by the Secretary; and 

7 (C) be based on the criteria in section 

8 4(a)(2). 

9 (3) GUIDANCE.— 

10 (A) IN GENERAL.—The Secretary shall 

11 provide guidance to a chemical source regarding 

12 the types of security measures that, if applied, 

13 could satisfy the security performance stand14 ards. 

15 (B) ALTERNATE MEASURES.—The owner 

16 or operator of a chemical source shall have 

17 flexibility to employ different security measures 

18 than those contained in the guidance described 

19 in subparagraph (A) if such measures satisfy 

20 the security performance standards established 

21 for the tier applicable to the chemical source. 

22 (g) NOTICE TO FACILITIES.—Not later than 180 

23 days after the date of enactment of this Act, the Secretary 

24 shall notify facilities that may be designated as chemical 

25 sources regarding the review of facilities and designation 


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1 of chemical sources to be conducted under this Act, includ2 ing the timeline for such review and designation. 

3 (h) SUBSEQUENT DETERMINATIONS.— 

4 (1) PERIODIC REVIEW OF DETERMINATIONS.— 

5 Not later than 3 years after the designation of 

6 chemical sources under subsection (a)(2), and every 

7 3 years thereafter, the Secretary shall, after consid8 ering the criteria established under subsection (a)(1) 

9 and the exclusions under subsection (d), determine 

10 whether to designate any additional facility as a 

11 chemical source or remove the designation of any 

12 particular facility as a chemical source. 

13 (2) OTHER REVIEW.—In addition to the peri14 odic review required under paragraph (1), the Sec15 retary may, after considering the criteria established 

16 under subsection (a)(1) and the exclusions under 

17 subsection (d), designate a facility as chemical 

18 source or remove the designation of any facility as 

19 a chemical source. 

20 (3) DUTY TO REPORT.— 

21 (A) FACILITIES BECOMING OPER22 ATIONAL.— 

23 (i) IN GENERAL.—Each facility de24 scribed in clause (ii) shall file a petition 

25 with the Secretary for a determination on 


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1 whether that facility should be designated 

2 as a chemical source not later than 180 

3 days after the later of— 

4 (I) the date of the promulgation 

5 of final rules under subsection (a)(1); 

6 or 

7 (II) the date that facility be8 comes operational. 

9 (ii) FACILITIES COVERED.—A facility 

10 described in this clause is a facility— 

11 (I) that becomes operational on 

12 or after the date of the designation of 

13 chemical sources under subsection 

14 (a)(2); and 

15 (II) at which a threshold quan16 tity of a substance of concern is 

17 present. 

18 (B) EXISTING FACILITIES.— 

19 (i) IN GENERAL.—Each facility de20 scribed in clause (ii) shall submit a petition 

21 to the Secretary for a determination on 

22 whether that facility should be designated 

23 as a chemical source not later than 180 

24 days after the later of— 


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1 (I) the date of the promulgation 

2 of final regulations under subsection 

3 (a)(1); or 

4 (II) the date on which the 

5 threshold quantity of a substance of 

6 concern is first present at that facil7 ity. 

8 (ii) FACILITIES COVERED.—A facility 

9 described in this clause is a facility— 

10 (I) for which the owner or oper11 ator is not required to complete a risk 

12 management plan under section 

13 112(r)(7)(B)(ii) of the Clean Air Act 

14 (42 U.S.C. 7412(r)(7)(B)(ii)); 

15 (II) that is operational before the 

16 date of the promulgation of the final 

17 rules establishing criteria for desig18 nating chemical sources under sub19 section (a)(1); and 

20 (III) at which a threshold quan21 tity of a substance of concern is 

22 present. 

23 (C) CONSULTATION.—The Secretary, in 

24 consultation with the Administrator of the En25 vironmental Protection Agency, shall establish a 


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1 mechanism for the Secretary to receive notice in 

2 a timely fashion of a facility required by the 

3 Administrator to complete a risk management 

4 plan in accordance with section 112(r)(7)(B)(ii) 

5 of the Clean Air Act (42 U.S.C. 

6 7412(r)(7)(B)(ii)). 

7 (D) REGULATIONS.—The Secretary may 

8 promulgate regulations to carry out this para9 graph. 

10 (i) DESIGNATION, EXEMPTION, AND ADJUSTMENT

11 OF THRESHOLD QUANTITIES OF SUBSTANCES OF CON12 CERN.— 

13 (1) IN GENERAL.—The Secretary may, by regu14 lation— 

15 (A) designate a chemical substance, in a 

16 particular threshold quantity, as a substance of 

17 concern under this Act; 

18 (B) exempt a chemical substance from des19 ignation as a substance of concern under this 

20 Act; and 

21 (C) establish or revise the threshold quan22 tity for a chemical substance to be designated 

23 a substance of concern. 

24 (2) CONSIDERATIONS.—In designating or ex25 empting a chemical substance or establishing or reVerDate Aug 31 2005 23:43 Jun 26, 2006 Jkt 049200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6401 E:\BILLS\S2145.RS S2145

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1 vising the threshold quantity of a chemical substance 

2 under paragraph (1), the Secretary shall consider 

3 the potential extent of death, injury, or serious ad4 verse effects to human health and safety or the envi5 ronment and the potential impact on national secu6 rity, the economy, or critical infrastructure that 

7 would result from a terrorist incident involving the 

8 chemical substance. 

9 (3) REGULATIONS.—The Secretary may make a 

10 designation, exemption, or revision under paragraph 

11 (1) in the regulations promulgated under subsection 

12 (a)(1). 

13 SEC. 4. VULNERABILITY ASSESSMENTS, SITE SECURITY 

14 PLANS, AND EMERGENCY RESPONSE PLANS. 

15 (a) REQUIREMENT.— 

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

17 the date of enactment of this Act, the Secretary 

18 shall promulgate regulations that require the owner 

19 or operator of each chemical source— 

20 (A) to conduct a vulnerability assessment, 

21 evaluating the vulnerability of the chemical 

22 source to a terrorist incident; 

23 (B) to prepare and implement a site secu24 rity plan that addresses the risks identified in 

25 the vulnerability assessment; and 


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1 (C) to prepare and implement an emer2 gency response plan or prepare and implement 

3 an addendum to an existing emergency re4 sponse plan to include response planning for a 

5 terrorist incident. 

6 (2) REGULATORY CRITERIA.—The regulations 

7 promulgated under paragraph (1)— 

8 (A) shall be risk-based, performance based, 

9 and flexible; and 

10 (B) shall include consideration of— 

11 (i) the criteria established by the Sec12 retary under section 3(a)(1); 

13 (ii) cost and technical feasibility; and 

14 (iii) scale of operations. 

15 (3) CO-LOCATED CHEMICAL SOURCES.—The 

16 regulations promulgated under paragraph (1) shall 

17 permit the development and implementation of co18 ordinated vulnerability assessments, site security 

19 plans, and emergency response plans in any case in 

20 which more than 1 chemical source is operating at 

21 a single location or at contiguous locations, including 

22 cases in which a chemical source is under the control 

23 of more than 1 owner or operator. 

24 (4) SHARING OF THREAT INFORMATION.—To 

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1 thority and in the interests of national security, the 

2 Secretary shall provide State and local government 

3 officials and an owner or operator of a chemical 

4 source with threat information that is relevant to the 

5 chemical source in particular or to the chemical sec6 tor in general. 

7 (5) CONTENTS OF VULNERABILITY ASSESS8 MENT.—A vulnerability assessment shall— 

9 (A) be based on a rigorous methodology 

10 developed or endorsed by the Secretary; 

11 (B) incorporate any threat information 

12 provided under paragraph (4); 

13 (C) address the appropriate security per14 formance standards established by Secretary 

15 under section 3(f); and 

16 (D) include an analysis of— 

17 (i) physical security; 

18 (ii) communication systems; 

19 (iii) electronic, computer, or other 

20 automated systems which are utilized by 

21 the chemical source; 

22 (iv) the sufficiency of security meas23 ures relative to the threats and con24 sequences of a terrorist incident, including 

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1 ing from the nature and quantities of sub2 stances of concern and the use, storage, or 

3 handling of substances of concern; and 

4 (v) other areas, as determined by the 

5 Secretary. 

6 (6) CONTENTS OF SITE SECURITY PLAN.—A 

7 site security plan shall— 

8 (A) indicate the tier applicable to the 

9 chemical source, as determined by the Secretary 

10 under section 3(e)(2); 

11 (B) address the risks identified in the vul12 nerability assessment; 

13 (C) address the appropriate security per14 formance standards established by Secretary 

15 under section 3(f); 

16 (D) include security measures appropriate 

17 to the tier level of the chemical source that ad18 dress the risks identified in the vulnerability as19 sessment and are sufficient to deter, to the 

20 maximum extent practicable, a terrorist inci21 dent or a substantial threat of such an incident; 

22 (E) include security measures to mitigate 

23 the consequences of a terrorist incident; 

24 (F) describe, at a minimum, particular 

25 plans, processes, or procedures that could be 


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1 used by or at the chemical source in the event 

2 of a terrorist incident; 

3 (G) identify the roles and responsibilities 

4 of employees at the chemical source; 

5 (H) identify steps taken by the chemical 

6 source to coordinate security measures and 

7 plans for response to a terrorist incident with 

8 Federal, State, and local government officials, 

9 including law enforcement and first responders 

10 and specify the security officer who will be the 

11 point of contact for the National Incident Man12 agement System and Federal, State, and local 

13 law enforcement and first responders; and 

14 (I) describe the training, drills (including 

15 periodic unannounced drills), exercises, and se16 curity actions of persons at the chemical source, 

17 to be carried out under the plan to deter, to the 

18 maximum extent practicable, a terrorist inci19 dent or a substantial threat of such an incident. 

20 (7) CONTENTS OF EMERGENCY RESPONSE

21 PLAN.— 

22 (A) IN GENERAL.—An emergency response 

23 plan shall— 

24 (i) specifically address the con25 sequences of a terrorist incident identified 


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1 in the vulnerability assessment prepared 

2 under paragraph (4); 

3 (ii) be consistent with the site security 

4 plan prepared under paragraph (6); and 

5 (iii) identify the roles and responsibil6 ities of employees at the chemical source. 

7 (B) RELATIONSHIP TO THE NATIONAL

8 CONTINGENCY PLAN.— 

9 (i) IN GENERAL.—Except as provided 

10 in clause (ii), an emergency response plan 

11 shall be a Federally approved or certified 

12 emergency response plan in effect on the 

13 date of enactment of this Act that is— 

14 (I) consistent with guidance pro15 vided by the National Response Team 

16 established under the National Con17 tingency Plan created under section 

18 105 of the Comprehensive Environ19 mental Response, Compensation, and 

20 Liability Act of 1980 (42 U.S.C. 

21 9605); and 

22 (II) modified to satisfy the re23 quirements of subparagraph (A). 

24 (ii) NO EXISTING PLAN.—The owner 

25 or operator of a chemical source that does 


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1 not have a Federally approved or certified 

2 emergency response plan in effect on the 

3 date of enactment of this Act shall follow 

4 the guidance provided by the National Re5 sponse Team established under the Na6 tional Contingency Plan created under sec7 tion 105 of the Comprehensive Environ8 mental Response, Compensation, and Li9 ability Act of 1980 (42 U.S.C. 9605) in 

10 developing an emergency response plan to 

11 meet the specific considerations of that 

12 chemical source. 

13 (C) PROTECTION OF SECURITY INFORMA14 TION.—If, in order meet the requirements of 

15 this paragraph, the owner or operator of a 

16 chemical source is required to include in an 

17 emergency response plan information, the re18 lease of which would be detrimental to the secu19 rity of the source, that information shall be sep20 arated in a security addendum to the emer21 gency response plan. 

22 (8) GUIDANCE TO CHEMICAL SOURCES.—Not 

23 later than 1 year after the date of enactment of this 

24 Act, the Secretary shall publish guidance to assist 

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1 plying with this Act, including advice on aspects of 

2 compliance with this Act that may be unique to 

3 small business concerns. 

4 (b) CERTIFICATION AND SUBMISSION.— 

5 (1) IN GENERAL.—Not later than 6 months 

6 after the date of the promulgation of regulations 

7 under subsection (a)(1), each owner or operator of 

8 a chemical source shall certify in writing to the Sec9 retary that the owner or operator has completed a 

10 vulnerability assessment and has developed and im11 plemented, or is implementing, a site security plan 

12 and an emergency response plan in accordance with 

13 this Act. 

14 (2) SUBMISSION.—Not later than 6 months 

15 after the date of the promulgation of regulations 

16 under subsection (a)(1), an owner or operator of a 

17 chemical source shall submit to the Secretary copies 

18 of the vulnerability assessment, site security plan, 

19 and emergency response plan of the chemical source 

20 for review. 

21 (3) FAILURE TO COMPLY.—If an owner or oper22 ator of a chemical source fails to certify or submit 

23 a vulnerability assessment, site security plan, or 

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1 ing the certification and submission of a vulner2 ability assessment, site security plan, or emergency 

3 response plan in accordance with this section. 

4 (c) REVIEW BY THE SECRETARY.— 

5 (1) IN GENERAL.—The Secretary shall review 

6 the vulnerability assessment, site security plan, and 

7 emergency response plan submitted by the owner or 

8 operator of a chemical source under subsection 

9 (b)(2) to determine whether the assessment and 

10 plans and the implementation of such plans comply 

11 with this section. 

12 (2) DISAPPROVAL.—The Secretary shall dis13 approve a vulnerability assessment, site security 

14 plan, or emergency response plan submitted under 

15 subsection (b)(2) if the Secretary determines that 

16 the vulnerability assessment, site security plan, 

17 emergency response plan, or the implementation of 

18 such plans does not comply with this section. 

19 (3) COMPLIANCE.— 

20 (A) IN GENERAL.—If the Secretary dis21 approves a vulnerability assessment, site secu22 rity plan, or emergency response plan of a 

23 chemical source under paragraph (2), the Sec24 retary— 


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1 (i) shall provide the owner or operator 

2 of the chemical source a written notifica3 tion of the determination that includes a 

4 clear explanation of deficiencies in the vul5 nerability assessment, site security plan, 

6 emergency response plan, or implementa7 tion of the site security plan; 

8 (ii) shall consult with the owner or op9 erator of the chemical source to identify 

10 appropriate steps to achieve compliance; 

11 (iii) if, following consultation under 

12 clause (ii), the owner or operator of the 

13 chemical source does not achieve compli14 ance by such date as the Secretary deter15 mines to be appropriate under the cir16 cumstances, shall issue an order requiring 

17 the owner or operator to correct specified 

18 deficiencies; and 

19 (iv) if the owner or operator continues 

20 to be in noncompliance, may issue an order 

21 for the chemical source to cease operation. 

22 (B) COMPLIANCE FOR HIGHER RISK

23 TIERS.— 

24 (i) IN GENERAL.—Not later than 1 

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1 mulgation of regulations under subsection 

2 (a)(1) and the date of the promulgation of 

3 regulations under section 3(e), the Sec4 retary shall— 

5 (I) determine whether to approve, 

6 disapprove, or modify the vulnerability 

7 assessment, site security plan, and 

8 emergency response plan submitted 

9 under subsection (b)(2) by a chemical 

10 source in a higher risk tier; and 

11 (II) determine whether a chem12 ical source in a higher risk tier is op13 erating in compliance with the site se14 curity plan and emergency response 

15 plan submitted by the chemical source 

16 under subsection (b)(2). 

17 (ii) ENFORCEMENT.—The Secretary 

18 may issue an order to a chemical source in 

19 a higher risk tier to cease operation if the 

20 Secretary— 

21 (I) disapproves the vulnerability 

22 assessment, site security plan, or 

23 emergency response plan submitted 

24 under subsection (b)(2) by a chemical 

25 source in a higher risk tier; or 


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1 (II) determines that a chemical 

2 source in a higher risk tier is not op3 erating in compliance with the site se4 curity plan or emergency response 

5 plan submitted by the chemical source 

6 under subsection (b)(2). 

7 (C) COMPLIANCE FOR OTHER TIERS.—Not 

8 later than 5 years after the date of the submis9 sion of the vulnerability assessment, site secu10 rity plan, and emergency response plan by a 

11 chemical source that is not in a higher risk tier 

12 under subsection (b)(2), the Secretary shall 

13 complete the review of the assessment and 

14 plans and make a determination regarding com15 pliance with this section. 

16 (D) SUBSEQUENT REVIEW.—The Sec17 retary may conduct subsequent reviews and de18 terminations of compliance under this Act for a 

19 chemical source on a schedule as determined to 

20 be appropriate by the Secretary, with priority 

21 given to chemical sources in a higher risk tier. 

22 (d) SUBMISSION AND CERTIFICATION OF

23 CHANGES.— 

24 (1) IN GENERAL.—Not later than 60 days after 

25 the date on which a change is made to a chemical 


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1 source that affects the security of the chemical 

2 source, the owner or operator of the chemical source 

3 shall— 

4 (A) notify the Secretary in writing; 

5 (B) provide a description of the change at 

6 the chemical source; and 

7 (C) either— 

8 (i) request a waiver from resubmitting 

9 the vulnerability assessment, security plan, 

10 and emergency response plan; or 

11 (ii) review and resubmit the vulner12 ability assessment, site security plan, and 

13 emergency response plan, with the appro14 priate modifications. 

15 (2) NOTICE AND REQUEST.—If the Secretary 

16 determines that additional modification of a vulner17 ability assessment, site security plan, or emergency 

18 response plan is required, the Secretary shall— 

19 (A) provide a written notice to the chem20 ical source owner or operator, requiring modi21 fications addressing any matters specified in 

22 the notice; and 

23 (B) provide the owner or operator of the 

24 chemical source not less than 60 days after the 


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1 date of the notice under subparagraph (A) to 

2 submit proposed modifications. 

3 (3) TEMPORARY SECURITY MEASURES.—During 

4 the period before the Secretary approves a modified 

5 vulnerability assessment, site security plan, or emer6 gency response plan or issues a waiver, an owner or 

7 operator of a chemical source shall ensure temporary 

8 security measures are implemented. 

9 (e) MTSA-REGULATED FACILITIES.— 

10 (1) IN GENERAL.—Except as provided in para11 graph (4), a chemical source that is also a MTSA12 regulated facility shall comply with this Act. 

13 (2) COMPLIANCE.— 

14 (A) IN GENERAL.—A chemical source that 

15 is also a MTSA-regulated facility shall review 

16 its facility security assessment, facility security 

17 plan, and emergency response plan and make 

18 any modifications necessary to comply with the 

19 security performance standards established for 

20 the tier applicable to the chemical source under 

21 section 3(f) and the requirements of subsection 

22 (a)(1). 

23 (B) SUBMISSION.—Not later than 180 

24 days after the date on which the Secretary pro25 mulgates regulations under subsection (a)(1), 


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1 the owner or operator of a chemical source that 

2 is also a MTSA-regulated facility shall— 

3 (i) submit the facility security assess4 ment, facility security plan, and emergency 

5 response plan, with any appropriate modi6 fications under subparagraph (A), for the 

7 chemical source to the Federal Maritime 

8 Security Coordinator for the area in which 

9 the chemical source is located and the Sec10 retary for approval; and 

11 (ii) certify in writing to the Federal 

12 Maritime Security Coordinator for the area 

13 in which the facility is located and the Sec14 retary that— 

15 (I) the facility security assess16 ment and facility security plan for the 

17 facility are in compliance with the se18 curity performance standards for the 

19 tier applicable to the chemical source 

20 under section 3(f) and the require21 ments under subsection (a)(1); and 

22 (II) the owner or operator has 

23 submitted an approved or certified 

24 emergency response plan required 

25 under chapter 701 of title 46, United 


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1 States Code, to the Federal Maritime 

2 Security Coordinator for the area in 

3 which the facility is located. 

4 (3) REVIEW BY THE SECRETARY.—In accord5 ance with the procedures under subsection (c), the 

6 Secretary, in consultation with the Federal Maritime 

7 Security Coordinator for the area in which a chem8 ical source that is also a MTSA-regulated facility is 

9 located, shall determine whether a facility security 

10 assessment and facility security plan submitted 

11 under paragraph (2)(B) meets the security perform12 ance standards established by the Secretary under 

13 section 3(f) and the requirements under subsection 

14 (a)(1). 

15 (4) EXEMPTION.—A chemical source that is a 

16 MTSA-regulated facility is exempt from section 6(d) 

17 of this Act. 

18 (5) INTEGRATION AND COORDINATION.— 

19 (A) IN GENERAL.—The Secretary shall im20 plement this Act and chapter 701 of title 46, 

21 United States Code, in as consistent and inte22 grated manner as possible. 

23 (B) COAST GUARD.—The Secretary shall 

24 ensure coordination between the Under SecVerDate Aug 31 2005 23:43 Jun 26, 2006 Jkt 049200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6401 E:\BILLS\S2145.RS S2145

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1 retary for Preparedness and the Coast Guard 

2 Commandant in carrying out this Act. 

3 (f) ALTERNATIVE SECURITY PROGRAMS.— 

4 (1) IN GENERAL.—The Secretary may consider 

5 a petition submitted by any person that describes— 

6 (A) alternate procedures, protocols, and 

7 standards established by an industry entity, 

8 Federal, State, or local government authorities, 

9 or other applicable laws; and 

10 (B) the scope of chemical sources to which 

11 such program would apply. 

12 (2) REVIEW.—The Secretary may review the re13 quirements of any alternative security program sub14 mitted under paragraph (1) to determine whether a 

15 vulnerability assessment, security plan, or emergency 

16 response plan prepared under that program meets 

17 each required element under subsection (a)(1) for a 

18 vulnerability assessment, security plan, and emer19 gency response plan submitted under subsection 

20 (b)(2). 

21 (3) DETERMINATION.— 

22 (A) IN GENERAL.—If the Secretary deter23 mines that a vulnerability assessment, security 

24 plan, or emergency response plan prepared 

25 under that alternative security program meets 


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1 each required element under subsection (a)(1) 

2 for a vulnerability assessment, security plan, 

3 and emergency response plan submitted under 

4 subsection (b)(2), the Secretary shall notify the 

5 petitioner that any chemical source covered by 

6 that program may submit an assessment or 

7 plan prepared under that program without fur8 ther revision. 

9 (B) OTHER DETERMINATIONS.—If the 

10 Secretary determines that a vulnerability as11 sessment, security plan, or emergency response 

12 plan prepared under that alternative security 

13 program does not meet each required element 

14 under subsection (a)(1) for a vulnerability as15 sessment, security plan, and emergency re16 sponse plan submitted under subsection 

17 (b)(2)— 

18 (i) the Secretary may specify what 

19 modifications would be necessary to meet 

20 the required elements for a vulnerability 

21 assessment, security plan, or emergency re22 sponse plan submitted under subsection 

23 (b)(2); and 


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1 (ii) a chemical source covered by that 

2 program may submit the assessment or 

3 plans with the specified modifications. 

4 (C) FORM.—Any action taken by the Sec5 retary under this paragraph shall be made by 

6 rule, regulation, or order. 

7 (4) REVIEW.—Nothing in this subsection shall 

8 relieve the Secretary of the obligation— 

9 (A) to review the vulnerability assessment, 

10 security plan, and emergency response plan 

11 submitted by each chemical source under this 

12 section according to the performance standards 

13 established by section 3(f) and the requirements 

14 under subsection (a)(1); or 

15 (B) to approve or disapprove each submis16 sion on an individual basis. 

17 (g) PERIODIC REVIEW.— 

18 (1) IN GENERAL.—On the timeline established 

19 by the Secretary under paragraph (2), the owner or 

20 operator of a chemical source shall— 

21 (A) review the adequacy of the vulner22 ability assessment, site security plan, and emer23 gency response plan for the chemical source; 

24 (B) certify to the Secretary that the chem25 ical source has completed the review and impleVerDate Aug 31 2005 23:43 Jun 26, 2006 Jkt 049200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6401 E:\BILLS\S2145.RS S2145

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1 mented any necessary modifications to the vul2 nerability assessment, site security plan, or 

3 emergency response plan; and 

4 (C) provide to the Secretary a description 

5 of any changes to the vulnerability assessment, 

6 site security plan, or emergency response plan. 

7 (2) TIMING.—The Secretary shall establish a 

8 timeline for review appropriate to the tier level of 

9 the chemical source that requires a review— 

10 (A) for a higher risk tier, not later than 1 

11 year after the date of approval of a vulner12 ability assessment, site security plan, and emer13 gency response plan under subsection (b)(1) 

14 and not less often than every 3 years thereafter; 

15 and 

16 (B) for all other tiers, not later than 5 

17 years after the date of approval of a vulner18 ability assessment, site security plan, and emer19 gency response plan under subsection (b)(1) 

20 and not less often than every 5 years thereafter. 

21 SEC. 5. RECORDKEEPING; SITE INSPECTIONS; PRODUCTION 

22 OF INFORMATION. 

23 (a) RECORDKEEPING.—The owner or operator of a 

24 chemical source shall retain a copy of the vulnerability as25 sessment, site security plan, and emergency response plan 


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1 for the chemical source for not less than 5 years after the 

2 date on which such assessment or plan was approved by 

3 the Secretary under section 4(c). 

4 (b) RIGHT OF ENTRY.— 

5 (1) IN GENERAL.—In carrying out this Act, the 

6 Secretary or the designee of the Secretary, on pres7 entation of credentials, shall have a right of entry to, 

8 on, or through— 

9 (A) the premises of a chemical source; and 

10 (B) any premises on which any record re11 quired to be maintained under subsection (a) is 

12 located. 

13 (2) AUDITS AND INSPECTIONS.— 

14 (A) IN GENERAL.—The Secretary shall, at 

15 such times and places as the Secretary deter16 mines to be appropriate, conduct, or require the 

17 conduct of, facility security audits and inspec18 tions, the requirements of which may be estab19 lished by rule, regulation, or order. 

20 (B) SCOPE.—Audits and inspections under 

21 subparagraph (A) shall ensure and evaluate 

22 compliance with this Act. 

23 (c) REQUESTS FOR RECORDS.—In carrying out this 

24 Act, the Secretary may require the submission of, or, on 


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1 presentation of credentials, may at reasonable times seek 

2 access to and copy— 

3 (1) any records, reports, or other information 

4 described in subsection (a); and 

5 (2) any other documentation necessary for 

6 the— 

7 (A) review or analysis of a vulnerability as8 sessment or security plan; or 

9 (B) implementation of a security plan. 

10 (d) COMPLIANCE.—If the Secretary determines that 

11 an owner or operator of a chemical source is not maintain12 ing, producing, or permitting access to records or to the 

13 premises of the chemical source as required by this sec14 tion, the Secretary may issue an order requiring compli15 ance with the relevant provisions of this section. 

16 SEC. 6. INFRASTRUCTURE PROTECTION AND IMPLEMENTA17 TION. 

18 (a) COORDINATION.— 

19 (1) IN GENERAL.—The Secretary shall ensure 

20 effective chemical security planning and response by 

21 providing the necessary infrastructure, leadership, 

22 technical assistance, guidance, and accountability for 

23 security planning and response in areas surrounding 

24 chemical sources. 


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1 (2) WITH OTHER LAW.—The Secretary shall 

2 model the regulations promulgated, organizations es3 tablished, and actions taken under this section on 

4 the requirements of sections 70102, 70103, 70104, 

5 and 70112 of title 46, United States Code. 

6 (3) WITH COMMITTEES.—The Secretary, and 

7 those in positions assigned under this section, shall 

8 coordinate with other Federal area security and re9 sponse committees in order to provide a unified and 

10 effective Federal effort for security and response or11 ganizational infrastructure for the Nation. Nothing 

12 in this section shall supersede any other Federal 

13 area security or response committee and the entities 

14 established under this section shall be organized to 

15 complement such other committees. 

16 (b) COMPLIANCE OFFICE.— 

17 (1) ESTABLISHMENT.—Not later than 3 

18 months after the date of enactment of this Act, the 

19 Secretary shall establish an office under the Assist20 ant Secretary for Infrastructure Protection that 

21 shall be responsible for implementing and enforcing 

22 this Act. 

23 (2) ACTIVITIES.—The Secretary, acting 

24 through the Assistant Secretary for Infrastructure 

25 Protection, shall— 


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1 (A) provide leadership, guidance, planning, 

2 technical assistance, resources, and conduct 

3 oversight activities to establish an effective 

4 chemical security planning and response infra5 structure for the Nation; 

6 (B) provide leadership, personnel, training, 

7 equipment, other resources as necessary, and 

8 technical assistance to— 

9 (i) Federal, State and local govern10 ment agencies; 

11 (ii) Infrastructure Protection Regional 

12 Security Offices; and 

13 (iii) Area Security Committees, as re14 quested by the Federal Area Security Co15 ordinator; 

16 (C) coordinate with law enforcement agen17 cies, first responders, and chemical sources re18 garding the response to a potential or actual 

19 terrorist incident at a chemical source; 

20 (D) review and approve each Area Security 

21 Plan submitted under subsection (d); and 

22 (E) coordinate with the Office of State and 

23 Local Government Coordination and Prepared24 ness of the Department, to ensure some home25 land security grants administered by the DeVerDate Aug 31 2005 23:43 Jun 26, 2006 Jkt 049200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6401 E:\BILLS\S2145.RS S2145

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1 partment support the plans required under this 

2 section. 

3 (c) INFRASTRUCTURE PROTECTION REGIONAL SECU4 RITY OFFICES.— 

5 (1) IN GENERAL.—Not later than 6 months 

6 after the date of enactment of this Act, the Sec7 retary shall establish in each Federal Emergency 

8 Management Agency Region an Infrastructure Pro9 tection Regional Security Office, for purposes of car10 rying out this Act and coordinating regional secu11 rity, as described in this section. 

12 (2) MEMBERSHIP AND DUTIES.—Each Infra13 structure Protection Regional Security Office shall— 

14 (A) consist of— 

15 (i) the personnel of the Infrastructure 

16 Protection Office of the Department within 

17 the region; and 

18 (ii) a regional security advisory staff, 

19 to be appointed by the Secretary; 

20 (B) review and approve each Area Security 

21 Plan for the region to ensure coordination be22 tween regions and States; 

23 (C) oversee implementation of this Act to 

24 ensure consistent implementation within the re25 gion, in conjunction with the strategic mission 


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1 and policies of, and guidance from, the Depart2 ment; and 

3 (D) perform other functions as assigned by 

4 the Secretary necessary to implement the re5 quirements of this Act or help protect other 

6 critical infrastructure. 

7 (d) AREA SECURITY COMMITTEES AND PLANS.— 

8 (1) DESIGNATION OF AREAS AND FEDERAL

9 AREA SECURITY COORDINATORS.— 

10 (A) DEADLINE.—Not later than 6 months 

11 after the date of enactment of this Act, the Sec12 retary shall designate geographic areas for the 

13 Area Committees established under paragraph 

14 (2). 

15 (B) REQUIREMENTS.—In designating 

16 areas under subparagraph (A), the Secretary 

17 shall ensure that— 

18 (i) except as provided in subparagraph 

19 (C), all parts of the United States are in20 cluded in an area; and 

21 (ii) no area is larger than a single 

22 State, although an area may incorporate 

23 portions of more than 1 State, based on 

24 the organization and number of chemical 

25 sources in a geographic area. 


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1 (C) EXCLUSION.—Any area designated 

2 under section 70103(a)(2)(G) of title 46, 

3 United States Code, shall not be included in 

4 any area designated under this Act. 

5 (2) ESTABLISHMENT AND DESIGNATION.— 

6 (A) COMMITTEES.—There is established 

7 for each area designated by the Secretary under 

8 paragraph (1) an Area Security Committee, 

9 comprised of members appointed by the Sec10 retary, in consultation with State and local gov11 ernment officials, from qualified and effected 

12 security and response personnel of Federal, 

13 State, and local government agencies, chemical 

14 sources, local emergency planning and response 

15 entities, other critical infrastructure sectors, 

16 and other appropriate organizations. 

17 (B) COORDINATOR.—For each area des18 ignated by the Secretary under paragraph (1), 

19 the Secretary shall designate a Federal Area 

20 Security Coordinator with knowledge of and ex21 perience in the activities required under this 

22 subsection. 

23 (3) DUTIES.— 

24 (A) COMMITTEES.—Each Area Security 

25 Committee, under the direction of the Federal 


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1 Area Security Coordinator for the area assigned 

2 to such Area Security Committee, shall— 

3 (i) meet not less frequently than twice 

4 per year; 

5 (ii) prepare the Area Security Plan 

6 described in paragraph (4) for that area 

7 and submit the Area Security Plan to the 

8 Secretary for approval; and 

9 (iii) coordinate with Federal, State, 

10 and local government officials and chemical 

11 sources to enhance the security and re12 sponse planning of those officials and to 

13 assure effective preplanning of joint secu14 rity and response efforts, including exer15 cises, drills, evacuations, sheltering, and 

16 rescue. 

17 (B) COORDINATOR.—Each Federal Area 

18 Security Coordinator shall, for the area as19 signed to such official— 

20 (i) conduct audits and inspections of 

21 chemical sources under this Act; 

22 (ii) provide appropriate guidance and 

23 support to chemical sources; and 


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1 (iii) perform such other duties as are 

2 required by the Area Security Committee 

3 or the Secretary. 

4 (4) AREA SECURITY PLANS.— 

5 (A) IN GENERAL.—Not later than 2 years 

6 after the date of enactment of this Act, each 

7 Area Security Committee shall prepare and sub8 mit to the Secretary for approval an Area Secu9 rity Plan for the area assigned to such Area Se10 curity Committee. 

11 (B) PLAN REQUIREMENTS.—The Area Se12 curity Plan shall— 

13 (i) coordinate the resources of the 

14 area assigned to the Area Security Com15 mittee to deter a potential or actual ter16 rorist incident at a chemical source in that 

17 area, or to respond to a terrorist incident 

18 at a chemical source in that area; 

19 (ii) coordinate with the National In20 frastructure Protection Plan, the National 

21 Response Plan, the site security plan of 

22 any chemical source located in the area as23 signed to the Area Security Committee, 

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1 sponse plans, and the Area Security Plans 

2 for contiguous areas; 

3 (iii) reflect security and response post4 incident investigative reports, as deter5 mined by the Secretary; 

6 (iv) describe in detail the responsibil7 ities of an owner or operator of a chemical 

8 source (based upon the approved site secu9 rity plan for the chemical source) and of 

10 Federal, State, and local government agen11 cies in responding to potential or actual 

12 terrorist incident at a chemical source op13 erating in the area assigned to the Area 

14 Security Committee; 

15 (v) describe the area covered by the 

16 plan, list the assets and resources available 

17 to respond to a terrorist incident, and in18 clude any other information the Secretary 

19 requires; 

20 (vi) be updated periodically by the 

21 Area Security Committee; and 

22 (vii) provide for coordination with the 

23 appropriate Federal, State and local gov24 ernment agencies or members of local enti25 ties that plan for emergency releases from 


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1 chemical sources regarding how local popu2 lations that may be affected by a release 

3 are provided with information, including 

4 evacuation planning, sheltering in place, 

5 and areas of refuge. 

6 (5) REVIEW.—Not later than 24 months after 

7 the date of enactment of this Act, the Secretary 

8 shall— 

9 (A) review each Area Security Plan devel10 oped under paragraph (4); 

11 (B) require amendments to any plan that 

12 does not meet the requirements of this section; 

13 and 

14 (C) approve each plan that meets the re15 quirements of this section. 

16 (e) AREA EXERCISES AND DRILLS.— 

17 (1) IN GENERAL.—The Secretary shall periodi18 cally conduct drills and exercises, some without prior 

19 notice, including full functional and communications 

20 exercises of security and response capability in each 

21 area for which an Area Security Plan is required 

22 under this section and under the site security plan 

23 and emergency response plans of relevant chemical 

24 sources. 


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1 (2) SCOPE OF PARTICIPATION.—The drills and 

2 exercises conducted under paragraph (1) may in3 clude participation by— 

4 (A) Federal, State, and local government 

5 agencies, including law enforcement and first 

6 responders; 

7 (B) the owner and operator of any chem8 ical source in the area; 

9 (C) members of local entities that plan for 

10 emergency releases; 

11 (D) representatives of other critical infra12 structure; and 

13 (E) other participants as determined ap14 propriate by the Secretary or the designee of 

15 the Secretary. 

16 (3) REPORTS.—The Secretary shall publish an17 nual reports on drills under this subsection, includ18 ing assessments of the effectiveness of the plans de19 scribed in paragraph (1), lessons learned, and a list 

20 of any amendments made to improve any plan de21 scribed in paragraph (1). The annual reports shall 

22 not include protected information. 

23 SEC. 7. HEIGHTENED SECURITY MEASURES. 

24 (a) IN GENERAL.—If the Secretary determines that 

25 additional security measures are necessary to respond to 


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1 a threat assessment or to a specific threat against the 

2 chemical sector, the Secretary may issue an order to the 

3 owner or operator of a chemical source setting forth man4 datory security measures. Only the Secretary or the des5 ignee of the Secretary may issue an order under this sec6 tion. 

7 (b) PERIOD OF ORDER.— 

8 (1) IN GENERAL.—Any order issued by the Sec9 retary under subsection (a) shall be effective upon 

10 issuance and shall remain in effect for a period of 

11 not more than 90 days, unless the Secretary files an 

12 action in an appropriate United States district court 

13 before the expiration of that 90-day period. 

14 (2) EFFECT OF FILING.—If the Secretary files 

15 an action described in paragraph (1), an order 

16 issued by the Secretary under subsection (a) shall 

17 remain in effect for 14 days in addition to the 90- 

18 day period under paragraph (1), or for such shorter 

19 or longer period as may be authorized by the court 

20 in which such action is filed. 

21 SEC. 8. PENALTIES. 

22 (a) ADMINISTRATIVE PENALTIES.— 

23 (1) PENALTIES.—The Secretary may impose an 

24 administrative penalty of not more than $25,000 per 

25 day, and not more than a maximum of $1,000,000 


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1 per year, for failure to comply with an order or di2 rective issued by the Secretary under this Act. 

3 (2) NOTICE AND HEARING.—Before imposing a 

4 penalty under paragraph (1), the Secretary shall 

5 provide to the person against which the penalty is to 

6 be assessed— 

7 (A) a written notice of the proposed pen8 alty; and 

9 (B) not later than 30 days after the date 

10 on which the person receives the notice, the op11 portunity to request a hearing on the proposed 

12 penalty. 

13 (3) PROCEDURES.—The Secretary shall promul14 gate regulations establishing procedures for adminis15 trative hearings and appropriate review, including 

16 necessary deadlines. 

17 (b) CIVIL PENALTIES.— 

18 (1) IN GENERAL.—The Secretary may bring an 

19 action in a United States district court against any 

20 owner or operator of a chemical source that violates 

21 or fails to comply with any order or directive issued 

22 by the Secretary under this Act or a site security 

23 plan approved by the Secretary under this Act. 

24 (2) RELIEF.—In any action under paragraph 

25 (1), a court may issue an order for injunctive relief 


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1 and may award a civil penalty of not more than 

2 $50,000 for each day on which a violation occurs or 

3 a failure to comply continues. 

4 (c) CRIMINAL PENALTIES.—An owner or operator of 

5 a chemical source who knowingly violates any order issued 

6 by the Secretary under this Act or knowingly fails to com7 ply with a site security plan approved by the Secretary 

8 under this Act shall be fined not more than $50,000 for 

9 each day of such violation, imprisoned not more than 2 

10 years, or both. 

11 SEC. 9. PROTECTION OF INFORMATION. 

12 (a) DISCLOSURE EXEMPTIONS.— 

13 (1) RECORDS OF THE DEPARTMENT.— 

14 (A) IN GENERAL.—Except as provided in 

15 subsection (b), the Department shall not be re16 quired under section 552 of title 5, United 

17 States Code, to make available to the public a 

18 record described in subparagraph (B). 

19 (B) RECORDS NOT DISCLOSED.—A record 

20 described in this subparagraph is— 

21 (i) a vulnerability assessment, site se22 curity plan, or a security addendum to an 

23 emergency response plan obtained by the 

24 Department under section 4; 


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1 (ii) an area security plan required 

2 under section 6(d)(4); 

3 (iii) materials developed or produced 

4 by a chemical source exclusively in prepa5 ration of documents referred to in clause 

6 (i) and obtained by the Department under 

7 section 4; or 

8 (iv) any record developed exclusively 

9 for the purposes of this Act by the Depart10 ment, or produced exclusively for the pur11 poses of this Act by a chemical source and 

12 obtained by the Department under section 

13 4, to the extent that the record contains 

14 information that— 

15 (I) describes a specific chemical 

16 source or the specific vulnerabilities of 

17 a chemical source; 

18 (II) was taken from a record de19 scribed in clause (i) or (ii) or from a 

20 copy of such record in possession of 

21 the chemical source; and 

22 (III) would, if disclosed, be detri23 mental to the security of a chemical 

24 source. 

25 (2) RECORDS OF OTHER AGENCIES.— 


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1 (A) IN GENERAL.—A Federal agency other 

2 than the Department shall not be required 

3 under section 552 of title 5, United States 

4 Code, to make available to the public a record 

5 described in subparagraph (C). 

6 (B) REFERRAL OF REQUESTS.—If a Fed7 eral agency other than the Department receives 

8 a request under section 552 of title 5, United 

9 States Code, for a record described in clause (i) 

10 or clause (ii)(I) of subparagraph (C), the agen11 cy, without consideration by the agency of 

12 whether subparagraph (C)(ii)(II) is satisfied— 

13 (i) shall not disclose the record; and 

14 (ii) shall refer the request to the De15 partment for processing and response. 

16 (C) RECORDS NOT DISCLOSED.—A record 

17 described in this subparagraph is any record— 

18 (i) described in paragraph (1)(B) that 

19 was shared by the Department with the 

20 agency under this section; and 

21 (ii) produced exclusively for the pur22 poses of this Act by the agency, to the ex23 tent that the record contains information 

24 that— 


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1 (I) describes a specific chemical 

2 source or the specific vulnerabilities of 

3 a chemical source; 

4 (II) was taken from a record de5 scribed in clause (i); and 

6 (III) would, if disclosed, be detri7 mental to the security of a chemical 

8 source. 

9 (3) RECORDS OF STATE OR LOCAL GOVERN10 MENT AGENCIES.— 

11 (A) IN GENERAL.—A State or local gov12 ernment agency shall not be required under any 

13 State or local law providing for public access to 

14 information to make available to the public a 

15 record described in subparagraph (B). 

16 (B) RECORDS NOT DISCLOSED.—A record 

17 described in this subparagraph is any record— 

18 (i) described in paragraph (1)(B) that 

19 was shared by the Department with the 

20 State or local government agency under 

21 section 6; and 

22 (ii) produced exclusively for the pur23 poses of this Act by the State or local gov24 ernment agency, to the extent that the 

25 record contains information that— 


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1 (I) describes a specific chemical 

2 source or the specific vulnerabilities of 

3 a chemical source; and 

4 (II) was taken from a record de5 scribed in clause (i) or (ii) or from a 

6 copy of such document in possession 

7 of the chemical source. 

8 (b) PUBLIC INFORMATION.— 

9 (1) IN GENERAL.— 

10 (A) INFORMATION DISCLOSED.—Except as 

11 provided in subparagraph (B), the following 

12 records shall be made available to the public 

13 under section 552 of title 5, United States 

14 Code: 

15 (i) CERTIFICATIONS.—A certification 

16 under section 4(b)(1). 

17 (ii) ORDER FOR FAILURE TO COM18 PLY.—An order under section 4(b)(3). 

19 (iii) COMPLIANCE CERTIFICATES.—A 

20 certificate of compliance under paragraph 

21 (2). 

22 (iv) OTHER ORDERS.—The identity of 

23 any chemical source and the owner or op24 erator of the chemical source for which any 

25 other order or any approval or disapproval 


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1 is issued under this Act, together with in2 formation identifying the applicable order, 

3 approval, or disapproval. 

4 (B) EXCEPTION.— 

5 (i) IN GENERAL.—If the Secretary 

6 makes a specific finding and determination 

7 with respect to a particular chemical 

8 source that releasing any record described 

9 in subparagraph (A) regarding that chem10 ical source would increase the risk to the 

11 security of any chemical source, the Sec12 retary may establish a period, not to ex13 ceed 6 months, during which the record 

14 shall not be made available to the public 

15 under section 552 of title 5, United States 

16 Code. 

17 (ii) EXTENSION.—Not more than 60 

18 days before to the expiration of a period 

19 established under clause (i) (or an exten20 sion of such period under this clause), the 

21 Secretary may extend the period for an ad22 ditional period not to exceed 6 months if 

23 the Secretary makes a specific finding and 

24 determination with respect to a particular 

25 chemical source that releasing any record 


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1 described in subparagraph (A) regarding 

2 that chemical source would increase the 

3 risk to the security of any chemical source. 

4 (iii) NOTICE TO GAO.—If the Sec5 retary determines not to allow a record to 

6 be made available to the public under 

7 clause (i) or extends the period of non8 disclosure under clause (ii), the Secretary 

9 shall submit to the Comptroller General of 

10 the United States, for inclusion and eval11 uation in the reports under section 12, a 

12 detailed statement— 

13 (I) identifying the chemical 

14 source; 

15 (II) describing the record; 

16 (III) explaining the basis for the 

17 Secretary’s determination; and 

18 (IV) describing any security 

19 measures being implemented by the 

20 chemical source. 

21 (2) CERTIFICATION OF COMPLIANCE.—When 

22 the Secretary determines that a chemical source is 

23 in compliance with the requirements of this Act, the 

24 Secretary shall issue and make available for public 

25 inspection a certificate of approval that contains the 


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1 following statement: ‘‘llll (chemical source 

2 name) llll is in compliance with the Chemical 

3 Facility Anti-Terrorism Act of 2005.’’. 

4 (3) REPORT TO CONGRESS.—Not less fre5 quently than once each year, the Secretary shall sub6 mit to Congress a public report on the performance 

7 of chemical sources under the Act, in the aggregate, 

8 including a description of common problems, solu9 tions, and industry best practices. 

10 (c) DEVELOPMENT OF PROTOCOLS.— 

11 (1) IN GENERAL.—The Secretary, in consulta12 tion with the Director of the Office of Management 

13 and Budget and appropriate Federal law enforce14 ment and intelligence officials and in a manner con15 sistent with existing protections for sensitive or clas16 sified information, shall, by regulation, establish con17 fidentiality protocols for maintenance and use of 

18 records described in paragraphs (1)(B), (2)(C), and 

19 (3)(B) of subsection (a). 

20 (2) REQUIREMENTS FOR PROTOCOLS.—The 

21 protocols established under paragraph (1) shall en22 sure, to the maximum extent practicable, that— 

23 (A) the records shall be maintained in a 

24 secure location; and 

25 (B) access to records shall be limited— 


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1 (i) as may be necessary to— 

2 (I) enable enforcement of this 

3 Act; or 

4 (II) address an imminent and 

5 substantial threat to security, health, 

6 safety, or the environment; 

7 (ii) to State or local law enforcement 

8 officials, first responders, or other State or 

9 local government officials granted access to 

10 records for the purpose of carrying out this 

11 Act; and 

12 (iii) to other persons granted access 

13 for the purpose of carrying out this Act. 

14 (3) OTHER PROCEDURES IN PROTOCOLS.—The 

15 protocols established under paragraph (1) shall 

16 also— 

17 (A) provide for the labeling of any record 

18 described in paragraph (1)(B), (2)(C), or 

19 (3)(B) of subsection (a), to enable the sensitive 

20 information in such record to be traced back to 

21 the specific document from which the informa22 tion was derived; 

23 (B) accommodate the making of disclo24 sures under sections 2302(b)(8) and 7211 of 

25 title 5, United States Code, and provide guidVerDate Aug 31 2005 23:43 Jun 26, 2006 Jkt 049200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6401 E:\BILLS\S2145.RS S2145

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1 ance to employees as to how to make such dis2 closures without compromising security; 

3 (C) include procedures applicable to a re4 quest under section 552 of title 5, United 

5 States Code, requiring that any portion of a 

6 record that reasonably may be separated shall 

7 be provided to a person requesting the record 

8 after redaction of any portion that is exempt 

9 from disclosure; 

10 (D) establish procedures by which a record 

11 described in paragraph (1)(B), (2)(C), or 

12 (3)(B) of subsection (a) may become subject to 

13 the requirements regarding public disclosure 

14 under section 552 of title 5, United States 

15 Code, when, because of changed circumstances 

16 or the passage of time, disclosure of the record 

17 would not be detrimental to the security of a 

18 chemical source. 

19 (d) PROCESS FOR REPORTING PROBLEMS.— 

20 (1) ESTABLISHMENT OF A REPORTING PROC21 ESS.—The Secretary shall establish, and provide in22 formation to the public regarding, a process by 

23 which any person may submit a report to the Sec24 retary regarding problems, deficiencies, or 

25 vulnerabilities at a chemical source. 


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1 (2) CONFIDENTIALITY.—The Secretary shall 

2 keep confidential the identity of a person who sub3 mits a report under paragraph (1) and any such re4 port shall be treated as a record described in sub5 section (a)(1)(B), to the extent that it does not con6 sist of publicly available information. 

7 (3) ACKNOWLEDGMENT OF RECEIPT.—If a re8 port submitted under paragraph (1) identifies the 

9 person making the report, the Secretary shall re10 spond promptly to such person and acknowledge re11 ceipt of the report. 

12 (4) STEPS TO ADDRESS PROBLEMS.—The Sec13 retary shall review and consider the information pro14 vided in any report submitted under paragraph (1) 

15 and shall take whatever steps the Secretary deter16 mines appropriate to address any problems, defi17 ciencies, or vulnerabilities identified. 

18 (5) RETALIATION PROHIBITED.—No employer 

19 may discharge any employee or otherwise discrimi20 nate against any employee with respect to the com21 pensation to, or terms, conditions, or privileges of 

22 the employment of, such employee because the em23 ployee (or a person acting pursuant to a request of 

24 the employee) made a report under paragraph (1). 


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1 (6) GAO REPORTING.—The Comptroller Gen2 eral of the United States shall, in the reports under 

3 section 12— 

4 (A) describe the number and type of prob5 lems, deficiencies, and vulnerabilities reported 

6 on under this subsection; and 

7 (B) evaluate the Secretary’s efforts in ad8 dressing such problems, deficiencies, and 

9 vulnerabilities. 

10 (e) PROTECTED DISCLOSURES.—Nothing in this Act 

11 shall be construed to limit— 

12 (1) the right of an individual to make any dis13 closure— 

14 (A) protected or authorized under section 

15 2302(b)(8) or 7211 of title 5, United States 

16 Code; or 

17 (B) to the Special Counsel, the inspector 

18 general of an agency, or any other employee 

19 designated by the head of an agency to receive 

20 similar disclosures; or 

21 (2) the applicability or enforcement of sections 

22 818 and 820 of the Transportation, Treasury, Hous23 ing and Urban Development, the Judiciary, and 

24 Independent Agencies Appropriations Act, 2006 

25 (Public Law 109–115). 


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1 (f) MATERIALS NOT HELD BY AGENCIES.—Nothing 

2 in this Act shall be construed to limit the rights or obliga3 tions of any chemical source, any entity that is not a Fed4 eral, State, or local government agency in possession of 

5 a record described in paragraphs (1)(B), (2)(C), and 

6 (3)(B) of subsection (a), or any individual, with respect 

7 to the withholding or disclosure of any information or 

8 record held by the chemical source, entity, or individual, 

9 regardless of whether or not the Department has received 

10 or possesses similar or identical information or a similar 

11 or identical record. 

12 (g) DISCLOSURE OF INDEPENDENTLY FURNISHED

13 INFORMATION.— 

14 (1) IN GENERAL.—Nothing in this Act shall be 

15 construed to affect the handling, treatment, or dis16 closure of a record or information obtained from a 

17 chemical source under any other law. 

18 (2) OTHER AUTHORITY.—Nothing in this Act 

19 shall be construed to affect any authority or obliga20 tion of an agency to disclose any record that the 

21 agency receives independently of a record that is ex22 empt under this section from the public disclosure 

23 requirements under section 552 of title 5, United 

24 States Code, regardless of whether or not the DeVerDate Aug 31 2005 23:43 Jun 26, 2006 Jkt 049200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6401 E:\BILLS\S2145.RS S2145

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1 partment has an identical or similar record that is 

2 so exempt. 

3 (h) OTHER OBLIGATIONS UNAFFECTED.— 

4 (1) IN GENERAL.—Nothing in this section af5 fects any obligation of the owner or operator of a 

6 chemical source to submit or make available infor7 mation to a Federal, State, or local government 

8 agency under, or otherwise to comply with, any 

9 other law. 

10 (2) NO USE OF INFORMATION TO GAIN GOV11 ERNMENTAL BENEFIT.—The owner or operator of a 

12 chemical source may not use any record described in 

13 paragraph (1)(B), (2)(C), or (3)(B) of subsection 

14 (a) to satisfy any legal requirement or obligation 

15 other than a requirement under this Act or to obtain 

16 any grant, permit, contract, benefit (including agen17 cy forbearance, loans, or deduction or modifications 

18 of agency penalties or rulings) or other govern19 mental approval. 

20 (i) AVAILABILITY OF INFORMATION TO CONGRESS.— 

21 Nothing in this Act shall be construed to authorize infor22 mation to be withheld from Congress. 

23 (j) PENALTIES FOR UNAUTHORIZED DISCLOSURE.— 

24 Any officer or employee of a Federal, State, or local gov25 ernment agency who, in a manner or to an extent not auVerDate Aug 31 2005 23:43 Jun 26, 2006 Jkt 049200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6401 E:\BILLS\S2145.RS S2145

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1 thorized by law, knowingly discloses any record described 

2 in paragraph (1)(B), (2)(C), or (3)(B) of subsection (a) 

3 shall— 

4 (1) be imprisoned not more than 1 year, fined 

5 under chapter 227 of title 18, United States Code, 

6 or both; and 

7 (2) if an officer or employee of the Government, 

8 be removed from Federal office or employment. 

9 SEC. 10. STATE AND OTHER LAWS. 

10 (1) IN GENERAL.—Nothing in this Act shall 

11 preclude or deny any right of any State or political 

12 subdivision thereof to adopt or enforce any regula13 tion, requirement, or standard of performance re14 specting chemical facility security that is more strin15 gent than a regulation, requirement, or standard of 

16 performance in effect under this Act, or shall other17 wise impair any right or jurisdiction of the States 

18 with respect to chemical facilities within such States 

19 unless there is an actual conflict between a provision 

20 of this Act and the law of the State. 

21 (2) OTHER REQUIREMENTS.—Nothing in this 

22 Act shall preclude or deny the right of any State or 

23 political subdivision thereof to adopt or enforce any 

24 regulation, requirement, or standard of performance, 

25 including air or water pollution requirements, that 


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1 are directed at problems other than reducing dam2 age from terrorist attacks. 

3 SEC. 11. CHEMICAL SECURITY REPORTING. 

4 Not later than 6 months after the date of enactment 

5 of this Act, the Secretary shall submit to the Committee 

6 on Homeland Security and Governmental Affairs of the 

7 Senate and the Committee on Homeland Security and the 

8 Committee on Energy and Commerce of the House of 

9 Representatives an update of the national strategy for the 

10 chemical sector required to be submitted by the Secretary 

11 to the Committee on Appropriations of the Senate and the 

12 Committee on Appropriations of the House of Representa13 tives by February 10, 2006. 

14 SEC. 12. REVIEW BY THE GOVERNMENT ACCOUNTABILITY 

15 OFFICE. 

16 (a) ACCESSIBILITY.—The Secretary shall provide ac17 cess to the Government Accountability Office of any docu18 ment or information required to be submitted to, gen19 erated by, or otherwise in the possession of the Depart20 ment under this Act. 

21 (b) REVIEW AND REPORTS.— 

22 (1) IN GENERAL.—Not later than January 1 of 

23 the first year following the calendar year in which 

24 the regulations are promulgated under section 

25 4(a)(1), and on January 1 of each year thereafter, 


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1 the Government Accountability Office shall submit a 

2 report described under paragraph (2) to— 

3 (A) the Committee on Homeland Security 

4 and Governmental Affairs of the Senate; and 

5 (B) the Committee on Homeland Security 

6 of the House of Representatives and the Com7 mittee on Energy and Commerce of the House 

8 of Representatives. 

9 (2) CONTENTS.—Each report submitted under 

10 paragraph (1) shall include— 

11 (A) a review of site security plans, vulner12 ability assessments, and emergency response 

13 plans under this Act; and 

14 (B) a determination of whether such plans 

15 and assessments are in compliance with this 

16 Act. 

17 SEC. 13. AUTHORIZATION OF APPROPRIATIONS. 

18 There are authorized to be appropriated such sums 

19 as are necessary to carry out this Act. 

20 SECTION 1. SHORT TITLE. 

21 This Act may be cited as the ‘‘Chemical Facility Anti22 Terrorism Act of 2006’’. 

23 SEC. 2. DEFINITIONS. 

24 In this Act: 


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1 (1) CHEMICAL SOURCE.—The term ‘‘chemical 

2 source’’ means a facility designated as a chemical 

3 source by the Secretary under section 3. 

4 (2) CRITICAL INFRASTRUCTURE.—The term 

5 ‘‘critical infrastructure’’ has the meaning given the 

6 term in section 2 of the Homeland Security Act of 

7 2002 (6 U.S.C. 101). 

8 (3) DEPARTMENT.—The term ‘‘Department’’ 

9 means the Department of Homeland Security. 

10 (4) ENVIRONMENT.—The term ‘‘environment’’ 

11 has the meaning given the term in section 101 of the 

12 Comprehensive Environmental Response, Compensa13 tion, and Liability Act of 1980 (42 U.S.C. 9601). 

14 (5) HIGHER RISK TIER.—The term ‘‘higher risk 

15 tier’’ means a tier designated by the Secretary as a 

16 higher risk tier under section 3(e)(3). 

17 (6) MTSA-REGULATED FACILITIES.—The term 

18 ‘‘MTSA-regulated facility’’ means a facility subject to 

19 the security requirements under chapter 701 of title 

20 46, United States Code (commonly known as the 

21 ‘‘Maritime Transportation Security Act’’). 

22 (7) OWNER OR OPERATOR.—The term ‘‘owner or 

23 operator’’ means any person who owns, leases, oper24 ates, controls, or supervises a chemical source. 


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1 (8) PROTECTED INFORMATION.—The term ‘‘pro2 tected information’’ means— 

3 (A) a vulnerability assessment, site security 

4 plan, an area security plan required under sec5 tion 6(d)(4), and a security addendum to the 

6 emergency response plan under section 

7 4(a)(7)(C), prepared for the purposes of this Act 

8 and obtained by the Department under section 4; 

9 (B) materials obtained by the Department 

10 and developed or produced by a chemical source 

11 exclusively in preparation of records, documents, 

12 or information referred to under subparagraph 

13 (A) or an emergency response plan; 

14 (C) any document or other information ob15 tained by the Secretary or a State or local gov16 ernment from a chemical source in accordance 

17 with this Act, to the extent that the document or 

18 information contains information that— 

19 (i) describes a specific chemical source 

20 or the specific vulnerabilities of a chemical 

21 source; 

22 (ii) was taken from a record described 

23 under subparagraph (A) or (B) or from a 

24 copy of such record in the possession of the 

25 chemical source; and 


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1 (iii) would, if disclosed, be detrimental 

2 to the security of a chemical source; and 

3 (D) any document prepared by, or provided 

4 to a Federal agency or State or local govern5 ment, to the extent that the document contains 

6 information that— 

7 (i) describes a specific chemical source 

8 or the specific vulnerabilities of a chemical 

9 source; 

10 (ii) was taken from a record described 

11 under subparagraph (A) or (B) or from a 

12 copy of such record in the possession of the 

13 chemical source; and 

14 (iii) would, if disclosed, be detrimental 

15 to the security of a chemical source. 

16 (9) RELEASE.—The term ‘‘release’’ has the 

17 meaning given the term in section 101 of the Com18 prehensive Environmental Response, Compensation, 

19 and Liability Act of 1980 (42 U.S.C. 9601). 

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

21 the Secretary of Homeland Security. 

22 (11) SECURITY MEASURE.— 

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

24 measure’’ means an action to ensure or enhance 


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1 the security of a chemical source against a ter2 rorist incident. 

3 (B) INCLUSIONS.—The term ‘‘security meas4 ure’’, with respect to a chemical source, includes 

5 measures such as— 

6 (i) employee training and background 

7 and identification authentication checks; 

8 (ii) the limitation and prevention of 

9 access to the controls of the chemical source; 

10 (iii) the protection of the perimeter of 

11 the chemical source; 

12 (iv) the installation and operation of 

13 intrusion detection sensors; 

14 (v) the implementation of measures to 

15 increase computer or computer network se16 curity; 

17 (vi) the implementation of other secu18 rity-related measures to ensure or enhance 

19 the security of a chemical source from a ter20 rorist incident; 

21 (vii) the implementation of measures 

22 and controls to prevent, protect against, or 

23 reduce the consequences of a terrorist inci24 dent, including— 


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1 (I) contingency and evacuation 

2 plans; 

3 (II) early warning systems; and 

4 (III) the relocation, hardening of 

5 the storage or containment, modifica6 tion, processing, substitution, or reduc7 tion of substances of concern; and 

8 (viii) the conduct of any similar secu9 rity-related activity, as determined by the 

10 Secretary. 

11 (12) SUBSTANCE OF CONCERN.—The term ‘‘sub12 stance of concern’’ means— 

13 (A) a chemical substance present at a chem14 ical source in quantities equal to or exceeding the 

15 threshold quantities for the chemical substance, 

16 as defined in or established under paragraphs 

17 (3) and (5) of section 112(r) of the Clean Air Act 

18 (42 U.S.C. 7412(r)); and 

19 (B) any other chemical substance designated 

20 as a substance of concern by the Secretary under 

21 section 3(i), including ammonium nitrate, in 

22 quantities equal to or exceeding the threshold 

23 quantities established under section 3(i), based 

24 on the potential extent of death, injury, or seri25 ous adverse effects to human health and safety or 


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1 the environment or the potential impact on na2 tional or economic security or critical infrastruc3 ture caused by a terrorist incident involving the 

4 chemical substance. 

5 (13) TERRORISM.—The term ‘‘terrorism’’ has the 

6 meaning given the term in section 2 of the Homeland 

7 Security Act of 2002 (6 U.S.C. 101). 

8 (14) TERRORIST INCIDENT.—The term ‘‘terrorist 

9 incident’’ means— 

10 (A) a terrorist attack against a chemical 

11 source; 

12 (B) a release from a chemical source into 

13 the environment of a substance of concern that is 

14 caused by an act of terrorism; and 

15 (C) the theft or diversion of a substance of 

16 concern by a person for off-site release in further17 ance of an act of terrorism. 

18 SEC. 3. DESIGNATION AND TIERING OF CHEMICAL 

19 SOURCES. 

20 (a) DESIGNATION.—Not later than 1 year after the 

21 date of enactment of this Act, the Secretary shall— 

22 (1) promulgate regulations establishing criteria 

23 for designating chemical sources by using the risk fac24 tors described in subsection (b) and by evaluating the 


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1 types of facilities described in subsection (c) that shall 

2 be considered in designating chemical sources; and 

3 (2) designate chemical sources in existence as of 

4 that date. 

5 (b) RISK FACTORS TO BE CONSIDERED.—In estab6 lishing criteria under subsection (a)(1) for designating 

7 chemical sources, the Secretary shall consider— 

8 (1) the perceived threat to a facility, including 

9 a consideration of adversary capabilities and intent, 

10 preparedness, target attractiveness, and deterrence ca11 pabilities; 

12 (2) the potential extent and likelihood of death, 

13 injury, or serious adverse effects to human health and 

14 safety or to the environment caused by a terrorist in15 cident at a facility; 

16 (3) the threats to or potential impact on na17 tional security or critical infrastructure caused by a 

18 terrorist incident at a facility; 

19 (4) the potential threats or harm to the economy 

20 that would result from a terrorist incident at a facil21 ity, including whether a facility is the sole supplier, 

22 or the producer of a high percentage, of a product 

23 that is critical to the economy, the chemical industry, 

24 or national security; 


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1 (5) the proximity of a facility to population cen2 ters; 

3 (6) the nature and quantity of substances of con4 cern at a facility; and 

5 (7) such other security-related factors as the Sec6 retary determines to be appropriate and necessary to 

7 protect the public health and safety, critical infra8 structure, and national and economic security. 

9 (c) CRITERIA FOR FACILITIES.—In establishing cri10 teria under subsection (a)(1) for designating chemical 

11 sources, the Secretary shall— 

12 (1) consider any facility that is a stationary 

13 source (as defined in section 112(r)(2) of the Clean 

14 Air Act (42 U.S.C. 7412(r)(2))) for which the owner 

15 or operator is required to complete a risk manage16 ment plan in accordance with section 112(r)(7)(B)(ii) 

17 of the Clean Air Act (42 U.S.C. 7412(r)(7)(B)(ii)); 

18 (2) consider any other facility that produces, 

19 uses, or stores a substance of concern at which a risk 

20 factor described in subsection (b) is present; and 

21 (3) determine whether any additional facility 

22 (including, as of the date of the determination, any 

23 facility that is operational and any facility that will 

24 become operational in the future) shall be designated 

25 chemical sources under this Act. 


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1 (d) EXCLUSIONS.—In designating facilities as chem2 ical sources, the Secretary shall not include any facility 

3 owned or operated by the Department of Defense or the De4 partment of Energy, or any facility owned or operated by 

5 a licensee or certificate holder of the Nuclear Regulatory 

6 Commission. 

7 (e) TIERED SECURITY SYSTEM.— 

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

9 the date of enactment of this Act, the Secretary shall 

10 promulgate rules establishing a risk-based tier system 

11 of chemical sources that— 

12 (A) shall be based on the criteria established 

13 by the Secretary under subsection (a)(1); 

14 (B) consists of several tiers of chemical 

15 sources; 

16 (C) to the maximum extent practicable, en17 ables a chemical source to develop appropriate 

18 site-specific measures to meet the security per19 formance standards established under subsection 

20 (f) for the tier applicable to the chemical source; 

21 and 

22 (D) provides guidance to the owner or oper23 ator of a chemical source regarding the steps that 

24 would enable the chemical source to move to a 


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1 lower risk tier, if the owner or operator seeks to 

2 move to a lower risk tier. 

3 (2) DETERMINATION OF TIER.—Not later than 1 

4 year after the date of enactment of this Act, the Sec5 retary shall determine the tier applicable to each 

6 chemical source designated under subsection (a)(2). 

7 (3) HIGHER RISK TIERS.—The Secretary shall 

8 designate 1 or more tiers established under paragraph 

9 (1) as higher risk tiers. 

10 (f) SECURITY PERFORMANCE STANDARDS.— 

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

12 the date of enactment of this Act, the Secretary shall 

13 establish security performance standards appropriate 

14 to the risk-based tiers established under subsection (e). 

15 (2) CONTENTS.—The security performance 

16 standards established under paragraph (1) shall— 

17 (A) set increasingly strict security require18 ments as the level of risk for the tier increases; 

19 (B) enable a chemical source to select secu20 rity measures that, in combination, satisfy the 

21 security performance standards established by 

22 the Secretary; and 

23 (C) be based on the criteria in section 

24 4(a)(2). 

25 (3) GUIDANCE AND CONSULTATION.— 


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1 (A) IN GENERAL.—On the date on which 

2 the Secretary establishes security performance 

3 standards under paragraph (1), and based on 

4 the risk factors to be considered under subsection 

5 (b), the Secretary shall provide guidance to a 

6 chemical source regarding the types of security 

7 measures that, if applied, could satisfy the secu8 rity performance standards. 

9 (B) ALTERNATE MEASURES.—The owner or 

10 operator of a chemical source shall have flexi11 bility to employ different security measures than 

12 those contained in the guidance described in sub13 paragraph (A) if such measures satisfy the secu14 rity performance standards established for the 

15 tier applicable to the chemical source. 

16 (C) HIGHER RISK TIERS.—At the request of 

17 the owner or operator of a chemical source as18 signed to a higher risk tier under subsection 

19 (e)(2), the Secretary shall provide consultation 

20 on the types of security measures that, if ap21 plied, could satisfy the security performance 

22 standards. 

23 (g) NOTICE TO FACILITIES.—Not later than 180 days 

24 after the date of enactment of this Act, the Secretary shall 

25 notify facilities that may be designated as chemical sources 


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1 regarding the review of facilities and designation of chem2 ical sources to be conducted under this Act, including the 

3 timeline for such review and designation. 

4 (h) SUBSEQUENT DETERMINATIONS.— 

5 (1) PERIODIC REVIEW OF DETERMINATIONS.— 

6 Not later than 3 years after the designation of chem7 ical sources under subsection (a)(2), and every 3 

8 years thereafter, the Secretary shall, after considering 

9 the criteria established under subsection (a)(1) and 

10 the exclusions under subsection (d), determine whether 

11 to designate any additional facility as a chemical 

12 source or remove the designation of any particular fa13 cility as a chemical source. 

14 (2) OTHER REVIEW.—In addition to the periodic 

15 review required under paragraph (1), the Secretary 

16 may, after considering the criteria established under 

17 subsection (a)(1) and the exclusions under subsection 

18 (d), designate a facility as a chemical source or re19 move the designation of any facility as a chemical 

20 source. 

21 (3) DUTY TO REPORT.— 

22 (A) FACILITIES BECOMING OPERATIONAL.— 

23 (i) IN GENERAL.—Each facility de24 scribed in clause (ii) shall file a petition 

25 with the Secretary for a determination on 


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1 whether that facility should be designated as 

2 a chemical source not later than 180 days 

3 after the later of— 

4 (I) the date of the promulgation of 

5 final rules under subsection (a)(1); or 

6 (II) the date that facility becomes 

7 operational. 

8 (ii) FACILITIES COVERED.—A facility 

9 described in this clause is a facility— 

10 (I) that becomes operational on or 

11 after the date of the designation of 

12 chemical sources under subsection 

13 (a)(2); and 

14 (II) at which a threshold quantity 

15 of a substance of concern is present. 

16 (B) EXISTING FACILITIES.— 

17 (i) IN GENERAL.—Each facility de18 scribed in clause (ii) shall submit a petition 

19 to the Secretary for a determination on 

20 whether that facility should be designated as 

21 a chemical source not later than 180 days 

22 after the later of— 

23 (I) the date of the promulgation of 

24 final regulations under subsection 

25 (a)(1); or 


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1 (II) the date on which the thresh2 old quantity of a substance of concern 

3 is first present at that facility. 

4 (ii) FACILITIES COVERED.—A facility 

5 described in this clause is a facility— 

6 (I) for which the owner or oper7 ator is not required to complete a risk 

8 management plan under section 

9 112(r)(7)(B)(ii) of the Clean Air Act 

10 (42 U.S.C. 7412(r)(7)(B)(ii)); 

11 (II) that is operational before the 

12 date of the promulgation of the final 

13 rules establishing criteria for desig14 nating chemical sources under sub15 section (a)(1); and 

16 (III) at which a threshold quan17 tity of a substance of concern is 

18 present. 

19 (C) CONSULTATION.—The Secretary, in 

20 consultation with the Administrator of the Envi21 ronmental Protection Agency, shall establish a 

22 mechanism for the Secretary to receive notice in 

23 a timely fashion of a facility required by the Ad24 ministrator to complete a risk management plan 


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1 in accordance with section 112(r)(7)(B)(ii) of the 

2 Clean Air Act (42 U.S.C. 7412(r)(7)(B)(ii)). 

3 (D) REGULATIONS.—The Secretary may 

4 promulgate regulations to carry out subpara5 graphs (A) and (B). 

6 (i) DESIGNATION, EXEMPTION, AND ADJUSTMENT OF

7 THRESHOLD QUANTITIES OF SUBSTANCES OF CONCERN.— 

8 (1) IN GENERAL.—The Secretary may, by regu9 lation— 

10 (A) designate a chemical substance, in a 

11 particular threshold quantity, as a substance of 

12 concern under this Act; 

13 (B) exempt a chemical substance from des14 ignation as a substance of concern under this 

15 Act; and 

16 (C) establish or revise the threshold quantity 

17 for a chemical substance to be designated a sub18 stance of concern. 

19 (2) CONSIDERATIONS.—In designating or ex20 empting a chemical substance or establishing or revis21 ing the threshold quantity of a chemical substance 

22 under paragraph (1), the Secretary shall consider the 

23 potential extent of death, injury, or serious adverse ef24 fects to human health and safety or the environment 

25 and the potential impact on national security, the 


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1 economy, or critical infrastructure that would result 

2 from a terrorist incident involving the chemical sub3 stance. 

4 (3) REGULATIONS.—The Secretary may make a 

5 designation, exemption, or revision under paragraph 

6 (1) in the regulations promulgated under subsection 

7 (a)(1). 

8 SEC. 4. VULNERABILITY ASSESSMENTS, SITE SECURITY 

9 PLANS, AND EMERGENCY RESPONSE PLANS. 

10 (a) REQUIREMENT.— 

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

12 the date of enactment of this Act, the Secretary shall 

13 promulgate regulations that require the owner or op14 erator of each chemical source— 

15 (A) to conduct a vulnerability assessment, 

16 evaluating the vulnerability of the chemical 

17 source to a terrorist incident; 

18 (B) to prepare and implement a site secu19 rity plan that addresses the risks identified in 

20 the vulnerability assessment; and 

21 (C) to prepare and implement an emer22 gency response plan or prepare and implement 

23 an addendum to an existing emergency response 

24 plan to include response planning for a terrorist 

25 incident. 


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1 (2) REGULATORY CRITERIA.—The regulations 

2 promulgated under paragraph (1)— 

3 (A) shall be risk-based, performance-based, 

4 and flexible; and 

5 (B) shall include consideration of— 

6 (i) the criteria established by the Sec7 retary under section 3(a)(1); 

8 (ii) cost and technical feasibility; and 

9 (iii) scale of operations. 

10 (3) CO-LOCATED CHEMICAL SOURCES.—The reg11 ulations promulgated under paragraph (1) shall per12 mit the development and implementation of coordi13 nated vulnerability assessments, site security plans, 

14 and emergency response plans in any case in which 

15 more than 1 chemical source is operating at a single 

16 location or at contiguous locations, including cases in 

17 which a chemical source is under the control of more 

18 than 1 owner or operator. 

19 (4) SHARING OF THREAT INFORMATION.—To the 

20 maximum extent practicable under applicable author21 ity and in the interests of national security, the Sec22 retary shall provide State and local government offi23 cials and an owner or operator of a chemical source 

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1 ical source in particular or to the chemical sector in 

2 general. 

3 (5) CONTENTS OF VULNERABILITY ASSESS4 MENT.—A vulnerability assessment shall— 

5 (A) employ or be based on a rigorous meth6 odology developed or endorsed by the Secretary; 

7 (B) incorporate any threat information pro8 vided under paragraph (4); 

9 (C) address the appropriate security per10 formance standards established by Secretary 

11 under section 3(f); and 

12 (D) include an analysis of— 

13 (i) physical security; 

14 (ii) communication systems; 

15 (iii) the vulnerability of programmable 

16 electronic devices, computers, computer or 

17 communications networks or other auto18 mated systems which are utilized by the 

19 chemical source; 

20 (iv) the sufficiency of security meas21 ures in place when the vulnerability assess22 ment is prepared relative to the threats and 

23 consequences of a terrorist incident, includ24 ing vulnerabilities at the chemical source 

25 arising from the nature and quantities of 


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1 substances of concern and the use, storage, 

2 or handling of substances of concern; and 

3 (v) other areas, as determined by the 

4 Secretary. 

5 (6) CONTENTS OF SITE SECURITY PLAN.—A site 

6 security plan shall— 

7 (A) indicate the tier applicable to the chem8 ical source, as determined by the Secretary under 

9 section 3(e)(2); 

10 (B) include security measures that, in com11 bination, address— 

12 (i) the risks identified in the vulner13 ability assessment; and 

14 (ii) the appropriate security perform15 ance standards established by Secretary 

16 under section 3(f) for the tier applicable to 

17 the chemical source, as determined by the 

18 Secretary under section 3(e)(2); 

19 (C) include security measures— 

20 (i) sufficient to deter, to the maximum 

21 extent practicable, a terrorist incident or a 

22 substantial threat of such an incident; 

23 (ii) to mitigate the consequences of a 

24 terrorist incident; and 


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1 (iii) to increase the security of pro2 grammable electronic devices, computers, 

3 computer or communications networks, and 

4 other automated systems. 

5 (D) describe, at a minimum, particular 

6 plans, processes, or procedures that could be used 

7 by or at the chemical source in the event of a ter8 rorist incident; 

9 (E) identify the roles and responsibilities of 

10 employees at the chemical source; 

11 (F) identify steps taken by the chemical 

12 source to coordinate security measures and plans 

13 for response to a terrorist incident with Federal, 

14 State, and local government officials, including 

15 law enforcement and first responders and specify 

16 the security officer who will be the point of con17 tact for the National Incident Management Sys18 tem and Federal, State, and local law enforce19 ment and first responders; 

20 (G) describe the training, drills (including 

21 periodic unannounced drills), exercises, and se22 curity actions of persons at the chemical source, 

23 to be carried out under the plan to deter, to the 

24 maximum extent practicable, a terrorist incident 

25 or a substantial threat of such an incident; and 


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1 (H) describe security measures that would 

2 be implemented under an order issued by the 

3 Secretary or the designee of the Secretary under 

4 section 7(a). 

5 (7) CONTENTS OF EMERGENCY RESPONSE

6 PLAN.— 

7 (A) IN GENERAL.—An emergency response 

8 plan shall— 

9 (i) specifically address the consequences 

10 of a terrorist incident identified in the vul11 nerability assessment prepared under para12 graph (5); 

13 (ii) be consistent with the site security 

14 plan prepared under paragraph (6); and 

15 (iii) identify the roles and responsibil16 ities of employees at the chemical source. 

17 (B) RELATIONSHIP TO THE NATIONAL CON18 TINGENCY PLAN.— 

19 (i) IN GENERAL.—Except as provided 

20 in clause (ii), an emergency response plan 

21 shall be a Federally approved or certified 

22 emergency response plan in effect on the 

23 date of enactment of this Act that is— 

24 (I) consistent with guidance pro25 vided by the National Response Team 


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1 established under the National Contin2 gency Plan created under section 105 

3 of the Comprehensive Environmental 

4 Response, Compensation, and Liability 

5 Act of 1980 (42 U.S.C. 9605); and 

6 (II) modified to satisfy the re7 quirements of subparagraph (A). 

8 (ii) NO EXISTING PLAN.—The owner or 

9 operator of a chemical source that does not 

10 have a Federally approved or certified 

11 emergency response plan in effect on the 

12 date of enactment of this Act shall follow the 

13 guidance provided by the National Response 

14 Team established under the National Con15 tingency Plan created under section 105 of 

16 the Comprehensive Environmental Re17 sponse, Compensation, and Liability Act of 

18 1980 (42 U.S.C. 9605) in developing an 

19 emergency response plan to meet the specific 

20 considerations of that chemical source. 

21 (C) PROTECTION OF SECURITY INFORMA22 TION.—If, in order to meet the requirements of 

23 this paragraph, the owner or operator of a chem24 ical source is required to include in an emer25 gency response plan information, the release of 


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1 which would be detrimental to the security of the 

2 source, that information shall be separated in a 

3 security addendum to the emergency response 

4 plan. 

5 (8) GUIDANCE AND CONSULTATION TO CHEMICAL

6 SOURCES.— 

7 (A) IN GENERAL.—On the date on which 

8 the Secretary promulgates regulations under 

9 paragraph (1), the Secretary shall provide guid10 ance to assist owners and operators of chemical 

11 sources in complying with this Act, including 

12 advice on aspects of compliance with this Act 

13 that may be unique to small business concerns. 

14 (B) HIGHER RISK TIERS.—At the request of 

15 the owner or operator of a chemical source as16 signed to a higher risk tier under section 3(e)(2), 

17 the Secretary shall provide consultation on 

18 achieving compliance with this Act, including 

19 consultation on the guidance provided under sub20 paragraph (A). 

21 (b) CERTIFICATION AND SUBMISSION.— 

22 (1) IN GENERAL.—Not later than 6 months after 

23 the date of the promulgation of regulations under sub24 section (a)(1), each owner or operator of a chemical 

25 source shall certify in writing to the Secretary that 


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1 the owner or operator has completed a vulnerability 

2 assessment and has developed and implemented, or is 

3 implementing, a site security plan and an emergency 

4 response plan in accordance with this Act. 

5 (2) SUBMISSION.—Not later than 6 months after 

6 the date of the promulgation of regulations under sub7 section (a)(1), an owner or operator of a chemical 

8 source shall submit to the Secretary copies of the vul9 nerability assessment, site security plan, and emer10 gency response plan of the chemical source for review. 

11 (3) FAILURE TO COMPLY.—If an owner or oper12 ator of a chemical source fails to certify or submit a 

13 vulnerability assessment, site security plan, or emer14 gency response plan in accordance with paragraph 

15 (2), the Secretary may issue an order requiring the 

16 certification and submission of a vulnerability assess17 ment, site security plan, or emergency response plan 

18 in accordance with this section. 

19 (c) REVIEW BY THE SECRETARY.— 

20 (1) IN GENERAL.—The Secretary shall— 

21 (A) review the vulnerability assessment, site 

22 security plan, and emergency response plan sub23 mitted by the owner or operator of a chemical 

24 source under subsection (b)(2) to determine 

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1 mentation of such plans comply with this sec2 tion; 

3 (B) provide written notice to the owner or 

4 operator of the chemical source regarding the de5 termination of whether the assessment and plans 

6 described in subparagraph (A) comply with this 

7 section; and 

8 (C) provide written notice to the owner or 

9 operator of the chemical source, if the Secretary 

10 determines the implementation of a plan de11 scribed in subparagraph (A) does not comply 

12 with this section. 

13 (2) DISAPPROVAL OF SITE SECURITY PLANS.— 

14 Notwithstanding any other provision of this sub15 section, the Secretary may not disapprove a site secu16 rity plan submitted under subsection (b)(2) based on 

17 the presence or absence of a particular security meas18 ure, if the site security plan satisfies the security per19 formance standards established under section 3(f) for 

20 the tier applicable to the chemical source. 

21 (3) COMPLIANCE.— 

22 (A) IN GENERAL.—If the Secretary dis23 approves a vulnerability assessment, site security 

24 plan, or emergency response plan of a chemical 

25 source under paragraph (1), or determines that 


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1 the implementation of such a plan does not com2 ply with this section, the Secretary— 

3 (i) shall provide the owner or operator 

4 of the chemical source a written notification 

5 of the determination that includes a clear 

6 explanation of deficiencies in the vulner7 ability assessment, site security plan, emer8 gency response plan, or implementation of 

9 the site security plan; 

10 (ii) shall consult with the owner or op11 erator of the chemical source to identify ap12 propriate steps to achieve compliance; 

13 (iii) if, following consultation under 

14 clause (ii), the owner or operator of the 

15 chemical source does not achieve compliance 

16 by such date as the Secretary determines to 

17 be appropriate under the circumstances, 

18 shall issue an order requiring the owner or 

19 operator to correct specified deficiencies; 

20 and 

21 (iv) if the owner or operator continues 

22 to be in noncompliance, may issue an order 

23 for the chemical source to cease operation. 

24 (B) COMPLIANCE FOR HIGHER RISK

25 TIERS.— 


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1 (i) INTERIM NOTICE.—Not later than 9 

2 months after the later of the date of the pro3 mulgation of regulations under subsection 

4 (a)(1) and the date of the promulgation of 

5 regulations under section 3(e), the Secretary 

6 shall— 

7 (I) conduct a preliminary review 

8 of the vulnerability assessment, site se9 curity plan, and emergency response 

10 plan submitted under subsection (b)(2) 

11 by a chemical source assigned to a 

12 higher risk tier under section 3(e)(2); 

13 and 

14 (II) provide notice and assistance 

15 in achieving compliance with this Act 

16 to any chemical source assigned to a 

17 higher risk tier under section 3(e)(2) 

18 for which the Secretary determines the 

19 vulnerability assessment, site security 

20 plan, or emergency response plan may 

21 not be approved under clause (ii). 

22 (ii) DETERMINATION.—Not later than 

23 1 year after the later of the date of the pro24 mulgation of regulations under subsection 

25 (a)(1) and the date of the promulgation of 


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1 regulations under section 3(e), the Secretary 

2 shall determine whether to approve, dis3 approve, or modify the vulnerability assess4 ment, site security plan, and emergency re5 sponse plan submitted under subsection 

6 (b)(2) by a chemical source assigned to a 

7 higher risk tier under section 3(e)(2). 

8 (iii) IMPLEMENTATION.—The Sec9 retary shall determine whether implementa10 tion of the plans described in clause (ii) 

11 complies with this section. 

12 (iv) ENFORCEMENT.—The Secretary 

13 may issue an order to a chemical source as14 signed to a higher risk tier under section 

15 3(e)(2) to cease operation if the Secretary— 

16 (I) disapproves the vulnerability 

17 assessment, site security plan, or emer18 gency response plan submitted by such 

19 chemical source under subsection 

20 (b)(2); or 

21 (II) determines that the imple22 mentation of a plan described in sub23 clause (I) does not comply with this 

24 section. 


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1 (C) COMPLIANCE FOR OTHER TIERS.—Not 

2 later than 5 years after the date of the submis3 sion of the vulnerability assessment, site security 

4 plan, and emergency response plan under sub5 section (b)(2) by a chemical source that is not 

6 assigned to a higher risk tier under section 

7 3(e)(2), the Secretary shall complete the review of 

8 the assessment, plans, and implementation of 

9 such plans and make a determination regarding 

10 compliance with this section. 

11 (D) SUBSEQUENT REVIEW.—The Secretary 

12 may conduct subsequent reviews and determina13 tions of compliance under this Act for a chemical 

14 source on a schedule as determined to be appro15 priate by the Secretary, with priority given to 

16 chemical sources assigned to a higher risk tier 

17 under section 3(e)(2). 

18 (d) SUBMISSION AND CERTIFICATION OF CHANGES.— 

19 (1) IN GENERAL.—Not later than 60 days after 

20 the date on which a change is made to a chemical 

21 source that would have a materially detrimental effect 

22 on the security of the chemical source, the owner or 

23 operator of the chemical source shall— 

24 (A) notify the Secretary in writing; 


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1 (B) provide a description of the change at 

2 the chemical source; 

3 (C) certify to the Secretary that the chem4 ical source has completed the review and imple5 mented any necessary modifications to the vul6 nerability assessment, site security plan, or 

7 emergency response plan; and 

8 (D) provide to the Secretary a description 

9 of any changes to the vulnerability assessment, 

10 site security plan, or emergency response plan. 

11 (2) NOTICE AND REQUEST.—If the Secretary de12 termines that additional modification of a vulner13 ability assessment, site security plan, or emergency 

14 response plan is required, the Secretary shall— 

15 (A) provide a written notice to the chemical 

16 source owner or operator, requiring modifica17 tions addressing any matters specified in the no18 tice; and 

19 (B) provide the owner or operator of the 

20 chemical source not less than 60 days after the 

21 date of the notice under subparagraph (A) to 

22 submit proposed modifications. 

23 (3) TEMPORARY SECURITY MEASURES.—During 

24 the period before any revised security measures are 

25 implemented, an owner or operator of a chemical 


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1 source shall ensure temporary security measures are 

2 implemented to address, to the maximum extent prac3 ticable, the vulnerabilities identified by the owner or 

4 operator of the chemical source during preparation of 

5 the assessment or plans. 

6 (e) MTSA-REGULATED FACILITIES.— 

7 (1) IN GENERAL.—Except as provided in para8 graph (4), a chemical source that is also a MTSA-reg9 ulated facility shall comply with this Act. 

10 (2) COMPLIANCE.— 

11 (A) IN GENERAL.—A chemical source that 

12 is also a MTSA-regulated facility shall review its 

13 facility security assessment, facility security 

14 plan, and emergency response plan and make 

15 any modifications necessary to comply with the 

16 security performance standards established for 

17 the tier applicable to the chemical source under 

18 section 3(f) and the requirements under sub19 section (a)(1). 

20 (B) SUBMISSION.—Not later than 180 days 

21 after the date on which the Secretary promul22 gates regulations under subsection (a)(1), the 

23 owner or operator of a chemical source that is 

24 also a MTSA-regulated facility shall— 


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1 (i) submit the facility security assess2 ment, facility security plan, and emergency 

3 response plan, with any appropriate modi4 fications under subparagraph (A), for the 

5 chemical source to the Federal Maritime Se6 curity Coordinator for the area in which the 

7 chemical source is located and the Secretary 

8 for approval; and 

9 (ii) certify in writing to the Federal 

10 Maritime Security Coordinator for the area 

11 in which the facility is located and the Sec12 retary that— 

13 (I) the facility security assessment 

14 and facility security plan for the facil15 ity are in compliance with the security 

16 performance standards for the tier ap17 plicable to the chemical source under 

18 section 3(f) and the requirements under 

19 subsection (a)(1); and 

20 (II) the owner or operator has 

21 submitted an approved or certified 

22 emergency response plan required 

23 under chapter 701 of title 46, United 

24 States Code, to the Federal Maritime 


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1 Security Coordinator for the area in 

2 which the facility is located. 

3 (3) REVIEW BY THE SECRETARY.—In accordance 

4 with the procedures under subsection (c), the Sec5 retary, in consultation with the Federal Maritime Se6 curity Coordinator for the area in which a chemical 

7 source that is also a MTSA-regulated facility is lo8 cated, shall determine whether a facility security as9 sessment and facility security plan submitted under 

10 paragraph (2)(B) meets the security performance 

11 standards established by the Secretary under section 

12 3(f) and the requirements under subsection (a)(1). 

13 (4) EXEMPTION.—A chemical source that is a 

14 MTSA-regulated facility is exempt from section 6(d) 

15 of this Act. 

16 (5) INTEGRATION AND COORDINATION.— 

17 (A) IN GENERAL.—The Secretary shall im18 plement this Act and chapter 701 of title 46, 

19 United States Code, in as consistent and inte20 grated manner as possible. 

21 (B) COAST GUARD.—The Secretary shall en22 sure coordination between the Under Secretary 

23 for Preparedness and the Coast Guard Com24 mandant in carrying out this Act. 

25 (f) ALTERNATIVE SECURITY PROGRAMS.— 


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1 (1) IN GENERAL.—The Secretary may consider a 

2 petition submitted by any person that describes— 

3 (A) alternate procedures, protocols, and 

4 standards established by an industry entity, Fed5 eral, State, or local government authorities, or 

6 other applicable laws; and 

7 (B) the scope of chemical sources to which 

8 such program would apply. 

9 (2) REVIEW.—The Secretary may review the re10 quirements of any alternative security program sub11 mitted under paragraph (1) to determine whether a 

12 vulnerability assessment, security plan, or emergency 

13 response plan prepared under that program meets 

14 each required element under subsection (a)(1) for a 

15 vulnerability assessment, security plan, and emer16 gency response plan submitted under subsection 

17 (b)(2). 

18 (3) DETERMINATION.— 

19 (A) IN GENERAL.—If the Secretary deter20 mines that a vulnerability assessment, security 

21 plan, or emergency response plan prepared 

22 under that alternative security program meets 

23 each required element under subsection (a)(1) for 

24 a vulnerability assessment, security plan, and 

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1 section (b)(2), the Secretary shall notify the peti2 tioner that any chemical source covered by that 

3 program may submit an assessment or plan pre4 pared under that program without further revi5 sion. 

6 (B) OTHER DETERMINATIONS.—If the Sec7 retary determines that a vulnerability assess8 ment, security plan, or emergency response plan 

9 prepared under that alternative security pro10 gram does not meet each required element under 

11 subsection (a)(1) for a vulnerability assessment, 

12 security plan, and emergency response plan sub13 mitted under subsection (b)(2)— 

14 (i) the Secretary may specify what 

15 modifications would be necessary to meet 

16 the required elements for a vulnerability as17 sessment, security plan, or emergency re18 sponse plan submitted under subsection 

19 (b)(2); and 

20 (ii) a chemical source covered by that 

21 program may submit the assessment or 

22 plans with the specified modifications. 

23 (C) FORM.—Any action taken by the Sec24 retary under this paragraph shall be made by 

25 rule, regulation, or order. 


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1 (4) REVIEW.—Nothing in this subsection shall 

2 relieve the Secretary of the obligation— 

3 (A) to review the vulnerability assessment, 

4 security plan, and emergency response plan sub5 mitted by each chemical source under this section 

6 according to the performance standards estab7 lished by section 3(f) and the requirements under 

8 subsection (a)(1); or 

9 (B) to approve or disapprove each submis10 sion on an individual basis. 

11 (g) PERIODIC REVIEW.— 

12 (1) IN GENERAL.—On the timeline established by 

13 the Secretary under paragraph (2), the owner or op14 erator of a chemical source shall— 

15 (A) review the adequacy of the vulnerability 

16 assessment, site security plan, and emergency re17 sponse plan for the chemical source; 

18 (B) certify to the Secretary that the chem19 ical source has completed the review and imple20 mented any necessary modifications to the vul21 nerability assessment, site security plan, or 

22 emergency response plan; and 

23 (C) provide to the Secretary a description of 

24 any changes to the vulnerability assessment, site 

25 security plan, or emergency response plan. 


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1 (2) TIMING.—The Secretary shall establish a 

2 timeline for review appropriate to the tier level of the 

3 chemical source that requires a review— 

4 (A) for a higher risk tier, not later than 1 

5 year after the date of approval of a vulnerability 

6 assessment, site security plan, and emergency re7 sponse plan under subsection (c)(1) and not less 

8 often than every 3 years thereafter; and 

9 (B) for all other tiers, not later than 5 years 

10 after the date of approval of a vulnerability as11 sessment, site security plan, and emergency re12 sponse plan under subsection (c)(1) and not less 

13 often than every 5 years thereafter. 

14 SEC. 5. RECORDKEEPING; SITE INSPECTIONS; PRODUCTION 

15 OF INFORMATION. 

16 (a) RECORDKEEPING.—The owner or operator of a 

17 chemical source shall retain a copy of the vulnerability as18 sessment, site security plan, and emergency response plan 

19 for the chemical source for not less than 5 years after the 

20 date on which such assessment or plan was approved by 

21 the Secretary under section 4(c). 

22 (b) RIGHT OF ENTRY.— 

23 (1) IN GENERAL.—In carrying out this Act, the 

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1 tation of credentials, shall have a right of entry to, 

2 on, or through— 

3 (A) the premises of a chemical source; and 

4 (B) any premises on which any record re5 quired to be maintained under subsection (a) is 

6 located. 

7 (2) AUDITS AND INSPECTIONS.— 

8 (A) IN GENERAL.—The Secretary shall, at 

9 such times and places as the Secretary deter10 mines to be appropriate, conduct, or require the 

11 conduct of, facility security audits and inspec12 tions, the requirements of which may be estab13 lished by rule, regulation, or order. 

14 (B) SCOPE.—Audits and inspections under 

15 subparagraph (A) shall ensure and evaluate com16 pliance with this Act. 

17 (C) HIGHER RISK TIERS.— 

18 (i) IN GENERAL.—Not later than 1 

19 year after the date of submission of the vul20 nerability assessment, site security plan, 

21 and emergency response plan under section 

22 4(b)(2) by the owner or operator of a chem23 ical source assigned to a higher risk tier 

24 under section 3(e)(2), and every year thereVerDate Aug 31 2005 23:43 Jun 26, 2006 Jkt 049200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6203 E:\BILLS\S2145.RS S2145

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1 after, the Secretary shall conduct an audit 

2 or inspection of such chemical source. 

3 (ii) FEDERAL AREA SECURITY COORDI4 NATOR AUDITS.—An audit or inspection by 

5 a Federal Area Security Coordinator shall 

6 qualify as an audit or inspection under 

7 clause (i). 

8 (iii) EXEMPTION FROM ANNUAL AU9 DITS AND INSPECTIONS.— 

10 (I) IN GENERAL.—The Secretary 

11 may exempt a chemical source from 

12 annual audits or inspections under 

13 this subparagraph, if the chemical 

14 source has been found in compliance 

15 with this Act by the Secretary based 

16 upon 5 consecutive years of audits or 

17 inspections. 

18 (II) AUDITS AND INSPECTIONS.— 

19 If the Secretary exempts a chemical 

20 source under this clause, during the 5- 

21 year period after the date of granting 

22 such exemption, and during each 5- 

23 year period thereafter, the Secretary 

24 shall conduct not less than 1 audit or 


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1 unannounced inspection of such chem2 ical source. 

3 (c) REQUESTS FOR RECORDS.—In carrying out this 

4 Act, the Secretary may require the submission of, or, on 

5 presentation of credentials, may at reasonable times seek 

6 access to and copy— 

7 (1) any records, reports, or other information de8 scribed in subsection (a); and 

9 (2) any other documentation necessary for the— 

10 (A) review or analysis of a vulnerability as11 sessment or security plan; or 

12 (B) implementation of a security plan. 

13 (d) COMPLIANCE.—If the Secretary determines that an 

14 owner or operator of a chemical source is not maintaining, 

15 producing, or permitting access to records or to the premises 

16 of the chemical source as required by this section, the Sec17 retary may issue an order requiring compliance with the 

18 relevant provisions of this section. 

19 SEC. 6. INFRASTRUCTURE PROTECTION AND IMPLEMENTA20 TION. 

21 (a) COORDINATION.— 

22 (1) IN GENERAL.—The Secretary shall ensure ef23 fective chemical security planning and response by 

24 providing the necessary infrastructure, leadership, 

25 technical assistance, guidance, and accountability for 


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1 security planning and response in areas surrounding 

2 chemical sources. 

3 (2) WITH OTHER LAW.—The Secretary shall 

4 model the regulations promulgated, organizations es5 tablished, and actions taken under this section on the 

6 requirements of sections 70102, 70103, 70104, and 

7 70112 of title 46, United States Code. 

8 (3) WITH COMMITTEES.—The Secretary, and 

9 those in positions assigned under this section, shall 

10 coordinate with other Federal area security and re11 sponse committees in order to provide a unified and 

12 effective Federal effort for security and response orga13 nizational infrastructure for the Nation. Nothing in 

14 this section shall supersede any other Federal area se15 curity or response committee and the entities estab16 lished under this section shall be organized to com17 plement such other committees. 

18 (b) COMPLIANCE OFFICE.— 

19 (1) ESTABLISHMENT.—Not later than 3 months 

20 after the date of enactment of this Act, the Secretary 

21 shall establish an office under the Assistant Secretary 

22 for Infrastructure Protection that shall be responsible 

23 for implementing and enforcing this Act. 


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1 (2) ACTIVITIES.—The Secretary, acting through 

2 the Assistant Secretary for Infrastructure Protection, 

3 shall— 

4 (A) provide leadership, guidance, planning, 

5 technical assistance, resources, and conduct over6 sight activities to establish an effective chemical 

7 security planning and response infrastructure 

8 for the Nation; 

9 (B) provide leadership, personnel, training, 

10 equipment, other resources as necessary, and 

11 technical assistance to— 

12 (i) Federal, State and local government 

13 agencies; 

14 (ii) Infrastructure Protection Regional 

15 Security Offices; and 

16 (iii) Area Security Committees, as re17 quested by the Federal Area Security Coor18 dinator; 

19 (C) coordinate with law enforcement agen20 cies, first responders, and chemical sources re21 garding the response to a potential or actual ter22 rorist incident at a chemical source; 

23 (D) review and approve each Area Security 

24 Plan submitted under subsection (d); and 


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1 (E) coordinate with the Office of State and 

2 Local Government Coordination and Prepared3 ness of the Department, to ensure some homeland 

4 security grants administered by the Department 

5 support the plans required under this section. 

6 (c) INFRASTRUCTURE PROTECTION REGIONAL SECU7 RITY OFFICES.— 

8 (1) IN GENERAL.—Not later than 6 months after 

9 the date of enactment of this Act, the Secretary shall 

10 establish in each Federal Emergency Management 

11 Agency Region (or the regional office of a successor 

12 agency with responsibility for emergency manage13 ment, preparedness, and response) an Infrastructure 

14 Protection Regional Security Office, for purposes of 

15 carrying out this Act and coordinating regional secu16 rity, as described in this section. 

17 (2) MEMBERSHIP AND DUTIES.—Each Infra18 structure Protection Regional Security Office shall— 

19 (A) consist of— 

20 (i) the personnel of the Infrastructure 

21 Protection Office of the Department within 

22 the region; and 

23 (ii) a regional security advisory staff, 

24 to be appointed by the Secretary; 


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1 (B) review and approve each Area Security 

2 Plan for the region to ensure coordination be3 tween regions and States; 

4 (C) oversee implementation of this Act to 

5 ensure consistent implementation within the re6 gion, in conjunction with the strategic mission 

7 and policies of, and guidance from, the Depart8 ment; and 

9 (D) perform other functions as assigned by 

10 the Secretary necessary to implement the re11 quirements of this Act or help protect other crit12 ical infrastructure. 

13 (d) AREA SECURITY COMMITTEES AND PLANS.— 

14 (1) DESIGNATION OF AREAS AND FEDERAL AREA

15 SECURITY COORDINATORS.— 

16 (A) DEADLINE.—Not later than 6 months 

17 after the date of enactment of this Act, the Sec18 retary shall designate geographic areas for the 

19 Area Security Committees established under 

20 paragraph (2). 

21 (B) REQUIREMENTS.—In designating areas 

22 under subparagraph (A), the Secretary shall en23 sure that— 


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1 (i) except as provided in subparagraph 

2 (C), all parts of the United States are in3 cluded in an area; and 

4 (ii) no area is larger than a single 

5 State, although an area may incorporate 

6 portions of more than 1 State, based on the 

7 organization and number of chemical 

8 sources in a geographic area. 

9 (C) EXCLUSION.—Any area designated 

10 under section 70103(a)(2)(G) of title 46, United 

11 States Code, shall not be included in any area 

12 designated under this Act. 

13 (2) ESTABLISHMENT AND DESIGNATION.— 

14 (A) COMMITTEES.—There is established for 

15 each area designated by the Secretary under 

16 paragraph (1) an Area Security Committee, 

17 comprised of members appointed by the Sec18 retary, in consultation with State and local gov19 ernment officials, from qualified and affected se20 curity and response personnel of Federal, State, 

21 and local government agencies, chemical sources, 

22 local emergency planning and response entities, 

23 other critical infrastructure sectors, and other 

24 appropriate organizations. 


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1 (B) COORDINATOR.—For each area des2 ignated by the Secretary under paragraph (1), 

3 the Secretary shall designate a Federal Area Se4 curity Coordinator with knowledge of and expe5 rience in the activities required under this sub6 section. 

7 (3) DUTIES.— 

8 (A) COMMITTEES.—Each Area Security 

9 Committee, under the direction of the Federal 

10 Area Security Coordinator for the area assigned 

11 to such Area Security Committee, shall— 

12 (i) meet not less frequently than twice 

13 each year; 

14 (ii) prepare the Area Security Plan de15 scribed in paragraph (4) for that area and 

16 submit the Area Security Plan to the Sec17 retary for approval; and 

18 (iii) coordinate with Federal, State, 

19 and local government officials and chemical 

20 sources to enhance the security and response 

21 planning of those officials and to assure ef22 fective preplanning of joint security and re23 sponse efforts, including exercises, drills, 

24 evacuations, sheltering, and rescue. 


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1 (B) COORDINATOR.—Each Federal Area Se2 curity Coordinator shall, for the area assigned to 

3 such official— 

4 (i) conduct audits and inspections of 

5 chemical sources under this Act; 

6 (ii) provide appropriate guidance and 

7 support to chemical sources; and 

8 (iii) perform such other duties as are 

9 required by the Area Security Committee or 

10 the Secretary. 

11 (4) AREA SECURITY PLANS.— 

12 (A) IN GENERAL.—Not later than 2 years 

13 after the date of enactment of this Act, each Area 

14 Security Committee shall prepare and submit to 

15 the Secretary for approval an Area Security 

16 Plan for the area assigned to such Area Security 

17 Committee. 

18 (B) PLAN REQUIREMENTS.—The Area Secu19 rity Plan shall— 

20 (i) coordinate the resources of the area 

21 assigned to the Area Security Committee to 

22 deter a potential or actual terrorist incident 

23 at a chemical source in that area, or to re24 spond to a terrorist incident at a chemical 

25 source in that area; 


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1 (ii) coordinate with the National In2 frastructure Protection Plan, the National 

3 Response Plan, the site security plan of any 

4 chemical source located in the area assigned 

5 to the Area Security Committee, other ap6 propriate national security and response 

7 plans, and the Area Security Plans for con8 tiguous areas; 

9 (iii) reflect security and response post10 incident investigative reports, as determined 

11 by the Secretary; 

12 (iv) describe in detail the responsibil13 ities of an owner or operator of a chemical 

14 source (based upon the approved site secu15 rity plan for the chemical source) and of 

16 Federal, State, and local government agen17 cies in responding to potential or actual 

18 terrorist incident at a chemical source oper19 ating in the area assigned to the Area Secu20 rity Committee; 

21 (v) describe the area covered by the 

22 plan, list the assets and resources available 

23 to respond to a terrorist incident, and in24 clude any other information the Secretary 

25 requires; 


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1 (vi) be updated periodically by the 

2 Area Security Committee; and 

3 (vii) provide for coordination with the 

4 appropriate Federal, State and local gov5 ernment agencies or members of local enti6 ties that plan for emergency releases from 

7 chemical sources regarding how local popu8 lations that may be affected by a release are 

9 provided with information, including evac10 uation planning, sheltering in place, and 

11 areas of refuge. 

12 (5) REVIEW.—Not later than 3 years after the 

13 date of enactment of this Act, the Secretary shall— 

14 (A) review each Area Security Plan devel15 oped under paragraph (4); 

16 (B) require amendments to any plan that 

17 does not meet the requirements of this section; 

18 and 

19 (C) approve each plan that meets the re20 quirements of this section. 

21 (e) AREA EXERCISES AND DRILLS.— 

22 (1) IN GENERAL.—The Secretary shall periodi23 cally conduct drills and exercises, some without prior 

24 notice, including full functional and communications 

25 exercises of security and response capability in each 


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1 area for which an Area Security Plan is required 

2 under this section and under the site security plan 

3 and emergency response plans of relevant chemical 

4 sources. 

5 (2) SCOPE OF PARTICIPATION.—The drills and 

6 exercises conducted under paragraph (1) may include 

7 participation by— 

8 (A) Federal, State, and local government 

9 agencies, including law enforcement and first re10 sponders; 

11 (B) the owner and operator of any chemical 

12 source in the area; 

13 (C) members of local entities that plan for 

14 emergency releases; 

15 (D) representatives of other critical infra16 structure; and 

17 (E) other participants as determined appro18 priate by the Secretary or the designee of the 

19 Secretary. 

20 (3) REPORTS.—The Secretary shall publish an21 nual reports on drills under this subsection, including 

22 assessments of the effectiveness of the plans described 

23 in paragraph (1), lessons learned, and recommenda24 tions, if any, to improve the programs, plans, and 


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1 procedures under this subsection. The annual reports 

2 shall not include protected information. 

3 (f) REGULATIONS.—The Secretary may promulgate 

4 such regulations as are necessary to carry out this section. 

5 SEC. 7. HEIGHTENED SECURITY MEASURES. 

6 (a) IN GENERAL.—If the Secretary determines, based 

7 on the risk factors described in section 3(b), that additional 

8 security measures are necessary to respond to a threat as9 sessment or to a specific threat against the chemical sector, 

10 the Secretary may issue an order to the owner or operator 

11 of a chemical source to implement the heightened security 

12 measures described under section 4(a)(6)(H). Only the Sec13 retary or the designee of the Secretary may issue an order 

14 under this section. 

15 (b) PERIOD OF ORDER.— 

16 (1) IN GENERAL.—Any order issued by the Sec17 retary under subsection (a) shall be effective upon 

18 issuance and shall remain in effect for a period of not 

19 more than 90 days, unless the Secretary files an ac20 tion in an appropriate United States district court 

21 before the expiration of that 90-day period. 

22 (2) EFFECT OF FILING.—If the Secretary files an 

23 action described in paragraph (1), an order issued by 

24 the Secretary under subsection (a) shall remain in ef25 fect for 14 days in addition to the 90-day period 


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1 under paragraph (1), or for such shorter or longer pe2 riod as may be authorized by the court in which such 

3 action is filed. 

4 SEC. 8. PENALTIES. 

5 (a) ADMINISTRATIVE PENALTIES.— 

6 (1) PENALTIES.—The Secretary may impose an 

7 administrative penalty of not more than $25,000 for 

8 each day, and not more than a maximum of 

9 $1,000,000 for each year, for failure to comply with 

10 an order or directive issued by the Secretary under 

11 this Act. 

12 (2) NOTICE AND HEARING.—Before imposing a 

13 penalty under paragraph (1), the Secretary shall pro14 vide to the person against which the penalty is to be 

15 assessed— 

16 (A) a written notice of the proposed pen17 alty; and 

18 (B) not later than 30 days after the date on 

19 which the person receives the notice, the oppor20 tunity to request a hearing on the proposed pen21 alty. 

22 (3) PROCEDURES.—The Secretary shall promul23 gate regulations establishing procedures for adminis24 trative hearings and appropriate review, including 

25 necessary deadlines. 


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1 (b) CIVIL PENALTIES.— 

2 (1) IN GENERAL.—The Secretary may bring an 

3 action in a United States district court against any 

4 owner or operator of a chemical source that violates 

5 or fails to comply with any order or directive issued 

6 by the Secretary under this Act or a site security 

7 plan approved by the Secretary under this Act 

8 (2) RELIEF.—In any action under paragraph 

9 (1), a court may issue an order for injunctive relief 

10 and may award a civil penalty of not more than 

11 $50,000 for each day on which a violation occurs or 

12 a failure to comply continues. 

13 (c) CRIMINAL PENALTIES.—An owner or operator of 

14 a chemical source who knowingly and willfully violates any 

15 order issued by the Secretary under this Act or knowingly 

16 and willfully fails to comply with a site security plan ap17 proved by the Secretary under this Act shall be fined not 

18 more than $50,000 for each day of such violation, impris19 oned not more than 2 years, or both. 

20 SEC. 9. PROTECTION OF INFORMATION. 

21 (a) DISCLOSURE EXEMPTIONS.— 

22 (1) RECORDS OF THE DEPARTMENT.—The De23 partment shall not be required under section 552 of 

24 title 5, United States Code, to make available to the 

25 public protected information. 


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1 (2) RECORDS OF OTHER AGENCIES.—If a Fed2 eral agency other than the Department receives a re3 quest under section 552 of title 5, United States Code, 

4 for protected information, that Federal agency— 

5 (A) shall not disclose the record; and 

6 (B) shall refer the request to the Depart7 ment for processing and response. 

8 (3) RECORDS OF STATE OR LOCAL GOVERNMENT

9 AGENCIES.—A State or local government agency shall 

10 not be required under any State or local law pro11 viding for public access to information to make avail12 able to the public protected information. 

13 (b) CERTIFICATIONS AND ORDERS.— 

14 (1) IN GENERAL.— 

15 (A) INFORMATION NOT DISCLOSED.—Except 

16 as provided in subparagraph (B), the following 

17 records shall not be made available to the public 

18 under section 552 of title 5, United States Code: 

19 (i) CERTIFICATIONS.—A certification 

20 under section 4(b)(1). 

21 (ii) ORDER FOR FAILURE TO COM22 PLY.—An order under section 4(b)(3). 

23 (iii) COMPLIANCE CERTIFICATES.—A 

24 certificate of compliance under paragraph 

25 (2). 


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1 (iv) OTHER ORDERS.—Any other order 

2 or any notice of disapproval issued under 

3 this Act. 

4 (B) EXCEPTION.— 

5 (i) IN GENERAL.—If the Secretary 

6 makes a specific finding and determination 

7 with respect to a particular chemical source 

8 that releasing any record described in sub9 paragraph (A)(i) or (iii) regarding that 

10 chemical source would not increase the risk 

11 to the security of any chemical source, the 

12 Secretary may make the record available to 

13 the public under section 552 of title 5, 

14 United States Code. 

15 (ii) NOTICE TO GAO.—If the Secretary 

16 does not allow a record to be made available 

17 to the public under this subsection, the Sec18 retary shall submit to the Comptroller Gen19 eral of the United States, for inclusion and 

20 evaluation in the reports under section 12, 

21 a detailed statement— 

22 (I) identifying the chemical 

23 source; 

24 (II) describing the record; 


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1 (III) explaining the basis for the 

2 Secretary’s determination; and 

3 (IV) describing any security 

4 measures being implemented by the 

5 chemical source. 

6 (2) CERTIFICATION OF COMPLIANCE.—When the 

7 Secretary determines that a chemical source is in 

8 compliance with the requirements of this Act, the Sec9 retary shall issue a certificate of approval that con10 tains the following statement: ‘‘llll (chemical 

11 source name) llll is in compliance with the 

12 Chemical Facility Anti-Terrorism Act of 2006.’’. 

13 (3) REPORT TO CONGRESS.—Not less frequently 

14 than once each year, the Secretary shall submit to 

15 Congress a public report on the performance of chem16 ical sources under the Act, in the aggregate, including 

17 a description of common problems, solutions, and in18 dustry best practices. 

19 (c) DEVELOPMENT OF PROTOCOLS.— 

20 (1) IN GENERAL.—The Secretary, in consultation 

21 with the Director of the Office of Management and 

22 Budget and appropriate Federal law enforcement and 

23 intelligence officials and in a manner consistent with 

24 existing protections for sensitive or classified informa25 tion, shall, by regulation, establish confidentiality 


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1 protocols for maintenance and use of records con2 taining protected information. 

3 (2) REQUIREMENTS FOR PROTOCOLS.—The pro4 tocols established under paragraph (1) shall ensure, to 

5 the maximum extent practicable, that— 

6 (A) the records shall be maintained in a se7 cure location; and 

8 (B) access to records shall be limited— 

9 (i) as may be necessary to— 

10 (I) enable enforcement of this Act; 

11 or 

12 (II) address an imminent and 

13 substantial threat to security, health, 

14 safety, or the environment; 

15 (ii) to State or local law enforcement 

16 officials, first responders, or other State or 

17 local government officials granted access to 

18 records for the purpose of carrying out this 

19 Act, including providing such officials and 

20 first responders with information on the ex21 tent to which security of chemical sources in 

22 the State or local area is being achieved; 

23 and 

24 (iii) to other persons granted access for 

25 the purpose of carrying out this Act. 


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1 (3) OTHER PROCEDURES IN PROTOCOLS.—The 

2 protocols established under paragraph (1) shall also— 

3 (A) provide for the labeling of any record 

4 containing protected information to enable the 

5 sensitive information in such record to be traced 

6 back to the specific document from which the in7 formation was derived; 

8 (B) accommodate the making of disclosures 

9 under sections 2302(b)(8) and 7211 of title 5, 

10 United States Code, and provide guidance to em11 ployees as to how to make such disclosures with12 out compromising security; 

13 (C) include procedures applicable to a re14 quest under section 552 of title 5, United States 

15 Code, requiring that any portion of a record that 

16 reasonably may be separated shall be provided to 

17 a person requesting the record after redaction of 

18 any portion that is exempt from disclosure; and 

19 (D) establish procedures by which a record 

20 containing protected information may become 

21 subject to the requirements regarding public dis22 closure under section 552 of title 5, United 

23 States Code, when, because of changed cir24 cumstances or the passage of time, disclosure of 


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1 the record would not be detrimental to the secu2 rity of a chemical source. 

3 (d) PROCESS FOR REPORTING PROBLEMS.— 

4 (1) ESTABLISHMENT OF A REPORTING PROC5 ESS.—The Secretary shall establish, and provide in6 formation to the public regarding, a process by which 

7 any person may submit a report to the Secretary re8 garding problems, deficiencies, or vulnerabilities at a 

9 chemical source. 

10 (2) CONFIDENTIALITY.—The Secretary shall keep 

11 confidential the identity of a person who submits a 

12 report under paragraph (1) and any such report shall 

13 be treated as a record containing protected informa14 tion to the extent that it does not consist of publicly 

15 available information. 

16 (3) ACKNOWLEDGMENT OF RECEIPT.—If a report 

17 submitted under paragraph (1) identifies the person 

18 making the report, the Secretary shall respond 

19 promptly to such person and acknowledge receipt of 

20 the report. 

21 (4) STEPS TO ADDRESS PROBLEMS.—The Sec22 retary shall review and consider the information pro23 vided in any report submitted under paragraph (1) 

24 and shall take appropriate steps under this Act to ad25 dress any problems or deficiencies identified. 


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1 (5) RETALIATION PROHIBITED.—No employer 

2 may discharge any employee or otherwise discrimi3 nate against any employee with respect to the com4 pensation to, or terms, conditions, or privileges of the 

5 employment of, such employee because the employee 

6 (or a person acting pursuant to a request of the em7 ployee) made a report under paragraph (1). 

8 (6) GAO REPORTING.—The Comptroller General 

9 of the United States shall, in the reports under section 

10 12— 

11 (A) describe the number and type of prob12 lems, deficiencies, and vulnerabilities reported on 

13 under this subsection; and 

14 (B) evaluate the Secretary’s efforts in ad15 dressing such problems, deficiencies, and 

16 vulnerabilities. 

17 (e) PROTECTED DISCLOSURES.—Nothing in this Act 

18 shall be construed to limit the right of an individual to 

19 make any disclosure— 

20 (1) protected or authorized under section 

21 2302(b)(8) or 7211 of title 5, United States Code; 

22 (2) protected under any other Federal or State 

23 law that shields the disclosing individual against re24 taliation or discrimination for having made the dis25 closure in the public interest; or 


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1 (3) to the Special Counsel, the inspector general 

2 of an agency, or any other employee designated by the 

3 head of an agency to receive similar disclosures. 

4 (f) MATERIALS NOT HELD BY AGENCIES.—Nothing in 

5 this Act shall be construed to limit the rights or obligations 

6 of any chemical source, any entity that is not a Federal, 

7 State, or local government agency in possession of a record 

8 containing protected information, or any individual, with 

9 respect to the withholding or disclosure of any information 

10 or record held by the chemical source, entity, or individual, 

11 regardless of whether or not the Department has received 

12 or possesses similar or identical information or a similar 

13 or identical record. 

14 (g) DISCLOSURE OF INDEPENDENTLY FURNISHED IN15 FORMATION.— 

16 (1) IN GENERAL.—Nothing in this Act shall be 

17 construed to affect the handling, treatment, or disclo18 sure of a record or information obtained from a chem19 ical source under any other law. 

20 (2) OTHER AUTHORITY.—Nothing in this Act 

21 shall be construed to affect any authority or obliga22 tion of an agency to disclose any record that the agen23 cy receives independently of a record that is exempt 

24 under this section from the public disclosure require25 ments under section 552 of title 5, United States 


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1 Code, regardless of whether or not the Department has 

2 an identical or similar record that is so exempt. 

3 (h) OTHER OBLIGATIONS UNAFFECTED.— 

4 (1) IN GENERAL.—Nothing in this section affects 

5 any obligation of the owner or operator of a chemical 

6 source to submit or make available information to a 

7 Federal, State, or local government agency under, or 

8 otherwise to comply with, any other law. 

9 (2) NO USE OF INFORMATION TO GAIN GOVERN10 MENTAL BENEFIT.—The owner or operator of a chem11 ical source may not use any record containing pro12 tected information to satisfy any legal requirement or 

13 obligation other than a requirement under this Act or 

14 to obtain any grant, permit, contract, benefit (includ15 ing agency forbearance, loans, or deduction or modi16 fications of agency penalties or rulings), or other gov17 ernmental approval. 

18 (i) AVAILABILITY OF INFORMATION TO CONGRESS.— 

19 Nothing in this Act shall be construed to authorize informa20 tion to be withheld from Congress. 

21 (j) PENALTIES FOR UNAUTHORIZED DISCLOSURE.— 

22 Any officer or employee of a Federal, State, or local govern23 ment agency who, in a manner or to an extent not author24 ized by law, knowingly discloses any record containing pro25 tected information shall— 


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1 (1) be imprisoned not more than 1 year, fined 

2 under chapter 227 of title 18, United States Code, or 

3 both; and 

4 (2) if an officer or employee of the Government, 

5 be removed from Federal office or employment. 

6 (k) PUBLIC AVAILABILITY OF INFORMATION IN RE7 PORTS.—The Government Accountability Office shall not 

8 make any protected information available to the public in 

9 any report under section 12, except as provided under sub10 section (b)(1) of this section. 

11 SEC. 10. STATE AND OTHER LAWS. 

12 (a) IN GENERAL.—Nothing in this Act shall preclude 

13 or deny any right of any State or political subdivision 

14 thereof to adopt or enforce any regulation, requirement, or 

15 standard of performance respecting chemical facility secu16 rity that is more stringent than a regulation, requirement, 

17 or standard of performance in effect under this Act, or shall 

18 otherwise impair any right or jurisdiction of the States 

19 with respect to chemical facilities within such States unless 

20 there is an actual conflict between a provision of this Act 

21 and the law of the State. 

22 (b) OTHER REQUIREMENTS.—Nothing in this Act 

23 shall preclude or deny the right of any State or political 

24 subdivision thereof to adopt or enforce any regulation, re25 quirement, or standard of performance, including air or 


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1 water pollution requirements, that are directed at problems 

2 other than reducing damage from terrorist attacks. 

3 SEC. 11. CHEMICAL SECURITY REPORTING. 

4 Not later than 6 months after the date of enactment 

5 of this Act, the Secretary shall submit to the Committee on 

6 Homeland Security and Governmental Affairs of the Senate 

7 and the Committee on Homeland Security and the Com8 mittee on Energy and Commerce of the House of Represent9 atives an update of the national strategy for the chemical 

10 sector required to be submitted by the Secretary to the Com11 mittee on Appropriations of the Senate and the Committee 

12 on Appropriations of the House of Representatives by Feb13 ruary 10, 2006. 

14 SEC. 12. REVIEW BY THE GOVERNMENT ACCOUNTABILITY 

15 OFFICE. 

16 (a) ACCESSIBILITY.—The Secretary shall provide ac17 cess to the Government Accountability Office of any docu18 ment or information required to be submitted to, generated 

19 by, or otherwise in the possession of the Department under 

20 this Act. 

21 (b) REVIEW AND REPORTS.— 

22 (1) IN GENERAL.—Not later than January 1 of 

23 the first year following the calendar year in which the 

24 regulations are promulgated under section 4(a)(1), 

25 and on January 1 of each year thereafter, the GovernVerDate Aug 31 2005 23:43 Jun 26, 2006 Jkt 049200 PO 00000 Frm 00129 Fmt 6652 Sfmt 6203 E:\BILLS\S2145.RS S2145

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1 ment Accountability Office shall submit a report de2 scribed under paragraph (2) to— 

3 (A) the Committee on Homeland Security 

4 and Governmental Affairs of the Senate; and 

5 (B) the Committee on Homeland Security of 

6 the House of Representatives and the Committee 

7 on Energy and Commerce of the House of Rep8 resentatives. 

9 (2) CONTENTS.—Each report submitted under 

10 paragraph (1) shall include— 

11 (A) a review of site security plans, vulner12 ability assessments, and emergency response 

13 plans under this Act; and 

14 (B) a determination of whether such plans 

15 and assessments are in compliance with this Act. 

16 SEC. 13. JUDICIAL ACTIONS. 

17 (a) REGULATIONS.—Not later than 60 days after the 

18 date of promulgation of a regulation under this Act, any 

19 person may file a petition for judicial review relating to 

20 the regulation with the United States Court of Appeals for 

21 the District of Columbia. 

22 (b) ORDERS.— 

23 (1) IN GENERAL.—Except as provided in section 

24 7(b), not later than 60 days after the date of a final 

25 agency action under this Act, the owner or operator 


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1 of a chemical source affected by such action may file 

2 a petition for judicial review of the action or order 

3 with the United States district court for the district 

4 in which— 

5 (A) the chemical source is located; or 

6 (B) the owner or operator of the chemical 

7 source has a principal place of business. 

8 (2) LIMITATION OF PARTIES.—The parties in 

9 any civil action commenced under paragraph (1) 

10 shall be limited to— 

11 (A) the owner or operator filing the peti12 tion; and 

13 (B) the Secretary. 

14 (c) EXCLUSIVITY OF REMEDIES.—Except as provided 

15 in section 7(b) and subsections (a) and (b) of this section, 

16 no final agency action by the Secretary (including regula17 tions) under this Act shall be subject to judicial review 

18 under chapter 7 of title 5, United States Code. 

19 (d) STANDARD OF REVIEW.—On the filing of a peti20 tion under subsection (a) or (b), the court shall review the 

21 regulation or other final action or order that is the subject 

22 of the petition in accordance with chapter 7 of title 5, 

23 United States Code. 

24 (e) PRIVATE ACTIONS.—Nothing in this Act confers on 

25 any private person a right of action against an owner or 


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1 operator of a chemical source to enforce any provision of 

2 this Act. 

3 SEC. 14. AMMONIUM NITRATE. 

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

5 ‘‘Secure Handling of Ammonium Nitrate Act of 2006’’. 

6 (b) FINDINGS.—Congress finds that— 

7 (1) ammonium nitrate is an important fertilizer 

8 used to produce a reliable and affordable food supply 

9 for the United States and the world; 

10 (2) in the wrong hands, ammonium nitrate may 

11 be used for illegal activities; 

12 (3) the production, importation, storage, sale, 

13 and distribution of ammonium nitrate affects inter14 state and intrastate commerce; and 

15 (4) it is necessary to regulate the production, 

16 storage, sale, and distribution of ammonium nitrate. 

17 (c) DEFINITIONS.—In this section: 

18 (1) AMMONIUM NITRATE.—The term ‘‘ammo19 nium nitrate’’ means solid ammonium nitrate that is 

20 chiefly the ammonium salt of nitric acid and con21 tains not less than 33 percent nitrogen by weight. 

22 (2) FACILITY.—The term ‘‘facility’’ means any 

23 site where ammonium nitrate is produced or sold. 

24 (3) HANDLE.—The term ‘‘handle’’ means to 

25 produce or sell ammonium nitrate. 


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1 (4) HANDLER.—The term ‘‘handler’’ means any 

2 person that produces or sells ammonium nitrate. 

3 (5) PURCHASER.—The term ‘‘purchaser’’ means 

4 any person who buys or takes ownership of ammo5 nium nitrate. 

6 (d) REGULATION OF HANDLING AND PURCHASE OF

7 AMMONIUM NITRATE.— 

8 (1) IN GENERAL.—The Secretary shall regulate 

9 the handling and purchase of ammonium nitrate to 

10 prevent the misappropriation or use of ammonium 

11 nitrate in violation of law. 

12 (2) REGULATIONS.—The Secretary shall promul13 gate regulations that require— 

14 (A) handlers— 

15 (i) to register facilities; 

16 (ii) to sell or distribute ammonium ni17 trate only to handlers and purchasers reg18 istered under this section; and 

19 (iii) to maintain records of sale or dis20 tribution that include the name, address, 

21 telephone number, and registration number 

22 of the immediate subsequent purchaser of 

23 ammonium nitrate; and 

24 (B) purchasers to be registered. 


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1 (3) USE OF PREVIOUSLY SUBMITTED INFORMA2 TION.—Before requiring a facility or handler to sub3 mit additional information for registration under this 

4 subsection, the Secretary shall— 

5 (A) request from the Attorney General, and 

6 the Attorney General shall provide, any informa7 tion previously submitted to the Attorney Gen8 eral by the facility or handler under section 843 

9 of title 18, United States Code; and 

10 (B) at the election of the facility or han11 dler— 

12 (i) use the license issued under that 

13 section instead of requiring additional in14 formation for registration under this sub15 section; and 

16 (ii) consider the license to fully comply 

17 with the requirement for registration under 

18 this subsection. 

19 (4) CONSULTATION.—In promulgating regula20 tions under this subsection, the Secretary shall consult 

21 with the Secretary to Agriculture to ensure that the 

22 access of agricultural producers to ammonium nitrate 

23 is not unduly burdened. 

24 (5) PROTECTION OF INFORMATION.—Notwith25 standing any other provision of this Act, registration 


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1 information under this section shall be treated as pro2 tected information under this Act. 

3 (e) ENFORCEMENT.—The Secretary may promulgate 

4 regulations that establish a process for periodic monitoring 

5 or auditing of handler records pertaining to the sale or 

6 transfer of ownership of ammonium nitrate to determine 

7 compliance with the requirements established under this sec8 tion. 

9 (f) ADMINISTRATIVE PROVISIONS.— 

10 (1) COOPERATIVE AGREEMENTS.—The Sec11 retary— 

12 (A) may enter into a cooperative agreement 

13 with the Secretary of Agriculture, or the head of 

14 any State department of agriculture or its des15 ignee involved in agricultural regulation, in con16 sultation with the State agency responsible for 

17 homeland security, to carry out this section; and 

18 (B) wherever possible, should seek to use co19 operation of State agricultural entities or their 

20 designees that oversee handler operations when 

21 seeking cooperative agreements to implement the 

22 registration and enforcement provisions of this 

23 section. 

24 (2) DELEGATION.— 


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1 (A) IN GENERAL.—The Secretary may dele2 gate to a State the authority to assist the Sec3 retary in the administration and enforcement of 

4 this section. 

5 (B) DELEGATION REQUIRED.—On the re6 quest of the Governor of a State, the Secretary 

7 shall delegate to the State the authority to carry 

8 out actions under subsection (d) or (e), on a de9 termination by the Secretary that the State is 

10 capable of satisfactorily carrying out that sub11 section. 

12 (C) FUNDING.—If the Secretary enters into 

13 an agreement with a State under this subsection 

14 to delegate functions to the State, the Secretary 

15 shall provide to the State adequate funds to en16 able the State to carry out the functions. 

17 (g) CIVIL LIABILITY.— 

18 (1) UNLAWFUL ACTS.—It is unlawful for any 

19 person to— 

20 (A) fail to perform any duty required by 

21 this section; 

22 (B) violate the terms of registration under 

23 this section; 


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1 (C) fail to keep any record, make any re2 port, or allow any inspection required by this 

3 section; or 

4 (D) violate any sale or distribution order 

5 issued under this section. 

6 (2) PENALTIES.— 

7 (A) IN GENERAL.—A person that violates 

8 this section may be assessed a civil penalty by 

9 the Secretary of not more than $50,000 for each 

10 violation. 

11 (B) NOTICE AND OPPORTUNITY FOR A

12 HEARING.—No civil penalty shall be assessed 

13 under this subsection unless the person charged 

14 has been given notice and opportunity for a 

15 hearing on the charge in the county, parish, or 

16 incorporated city of residence of the person 

17 charged. 

18 (3) JURISDICTION OVER ACTIONS FOR CIVIL DAM19 AGES.—The district courts of the United States shall 

20 have exclusive jurisdiction over any action for civil 

21 damages against a handler for any harm or damage 

22 that is alleged to have resulted from the use of ammo23 nium nitrate in violation of law that occurred on or 

24 after the date of enactment of this Act. 


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1 SEC. 15. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated such sums as 

3 are necessary to carry out this Act. 


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Calendar No. 495 

109TH CONGRESS 

2D SESSION S. 2145 

A BILL 

To enhance security and protect against terrorist 

attacks at chemical facilities. 

JUNE 26, 2006 

Reported with an amendment 


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