II 

109TH CONGRESS 

1ST 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, and 

Mr. LEVIN) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

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’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

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

9 source’’ means a facility designated as a chemical 

10 source by the Secretary under section 3. 
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1 (2) CRITICAL INFRASTRUCTURE.—The term 

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

3 term in section 2 of the Homeland Security Act of 

4 2002 (6 U.S.C. 101). 

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

6 means the Department of Homeland Security. 

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

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

9 Comprehensive Environmental Response, Compensa10 tion, and Liability Act of 1980 (42 U.S.C. 9601). 

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

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

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

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

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

16 to the security requirements under chapter 701 of 

17 title 46, United States Code (commonly known as 

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

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

20 or operator’’ means any person who owns, leases, op21 erates, controls, or supervises a chemical source. 

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

23 meaning given the term in section 101 of the Com24 prehensive Environmental Response, Compensation, 

25 and Liability Act of 1980 (42 U.S.C. 9601). 
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1 (9) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Homeland Security. 

3 (10) SECURITY MEASURE.— 

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

5 measure’’ means an action to ensure or enhance 

6 the security of a chemical source against a ter7 rorist incident. 

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

9 measure’’, with respect to a chemical source, in10 cludes measures such as— 

11 (i) employee training and background 

12 and identification authentication checks; 

13 (ii) the limitation and prevention of 

14 access to controls of the chemical source; 

15 (iii) the protection of the perimeter of 

16 the chemical source; 

17 (iv) the installation and operation of 

18 intrusion detection sensors; 

19 (v) the implementation of measures to 

20 increase computer or computer network se21 curity; 

22 (vi) the implementation of other secu23 rity-related measures to ensure or enhance 

24 the security of a chemical source from a 

25 terrorist incident; 
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1 (vii) the implementation of measures 

2 and controls to prevent, protect against, or 

3 reduce the consequences of a terrorist inci4 dent, including— 

5 (I) contingency and evacuation 

6 plans; 

7 (II) early warning systems; and 

8 (III) the relocation, hardening of 

9 the storage or containment, modifica10 tion, processing, substitution, or re11 duction of substances of concern; and 

12 (viii) the conduct of any similar secu13 rity-related activity, as determined by the 

14 Secretary. 

15 (11) SUBSTANCE OF CONCERN.—The term 

16 ‘‘substance of concern’’ means— 

17 (A) a chemical substance present at a 

18 chemical source in quantities equal to or ex19 ceeding the threshold quantities for the chem20 ical substance, as defined in or established 

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

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

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

24 determined by the Secretary by regulation; and 
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1 (C) any other chemical substance des2 ignated as a substance of concern by the Sec3 retary under section 3(i) in quantities equal to 

4 or exceeding the threshold quantities estab5 lished under section 3(i), based on the potential 

6 extent of death, injury, or serious adverse ef7 fects to human health and safety or the envi8 ronment or the potential impact on national or 

9 economic security or critical infrastructure 

10 caused by a terrorist incident involving the 

11 chemical substance. 

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

13 the meaning given the term in section 2 of the 

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

15 (13) TERRORIST INCIDENT.—The term ‘‘ter16 rorist incident’’ means— 

17 (A) a terrorist attack against a chemical 

18 source; 

19 (B) a release from a chemical source into 

20 the environment of a substance of concern that 

21 is caused by an act of terrorism; and 

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

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

24 act of terrorism. 
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1 SEC. 3. DESIGNATION AND TIERING OF CHEMICAL 

2 SOURCES. 

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

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

5 (1) promulgate regulations establishing criteria 

6 for designating chemical sources by using the risk 

7 factors described in subsection (b) and by evaluating 

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

9 shall be considered in designating chemical sources; 

10 and 

11 (2) designate chemical sources in existence as 

12 of that date. 

13 (b) RISK FACTORS TO BE CONSIDERED.—In estab14 lishing criteria under subsection (a)(1) for designating 

15 chemical sources, the Secretary shall consider— 

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

17 a consideration of adversary capabilities and intent, 

18 preparedness, target attractiveness, and deterrence 

19 capabilities; 

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

21 injury, or serious adverse effects to human health 

22 and safety or to the environment caused by a ter23 rorist incident at a facility; 

24 (3) the threats to or potential impact on na25 tional security or critical infrastructure caused by a 

26 terrorist incident at a facility; 
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1 (4) the potential threats or harm to the econ2 omy that would result from a terrorist incident at a 

3 facility, including whether a facility is the sole sup4 plier, or the producer of a high percentage, of a 

5 product that is critical to the economy, the chemical 

6 industry, or national security; 

7 (5) the proximity of a facility to population cen8 ters; 

9 (6) the nature and quantity of substances of 

10 concern at a facility; and 

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

12 Secretary determines to be appropriate and nec13 essary to protect the public health and safety, crit14 ical infrastructure, and national and economic secu15 rity. 

16 (c) CRITERIA FOR FACILITIES.—In establishing cri17 teria under subsection (a)(1) for designating chemical 

18 sources, the Secretary shall— 

19 (1) consider any facility that is a stationary 

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

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

22 or operator is required to complete a risk manage23 ment plan in accordance with section 

24 112(r)(7)(B)(ii) of the Clean Air Act (42 U.S.C. 

25 7412(r)(7)(B)(ii)); 
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1 (2) consider any other facility that produces, 

2 uses, or stores a substance of concern; and 

3 (3) determine whether any additional facility 

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

5 facility that is operational and any facility that will 

6 become operational in the future) shall be designated 

7 chemical sources under this Act. 

8 (d) EXCLUSIONS.—In designating facilities as chem9 ical sources, the Secretary shall not include any facility 

10 owned or operated by the Department of Defense or the 

11 Department of Energy. 

12 (e) TIERED SECURITY SYSTEM.— 

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

14 the date of enactment of this Act, the Secretary 

15 shall promulgate rules establishing a risk-based tier 

16 system of chemical sources that— 

17 (A) shall be based on the criteria estab18 lished by the Secretary under subsection (a)(1); 

19 (B) consists of several tiers of chemical 

20 sources; 

21 (C) to the maximum extent practicable, en22 ables a chemical source to develop appropriate 

23 site-specific measures to meet the security per24 formance standards established under sub-
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1 section (f) for the tier applicable to the chem2 ical source; and 

3 (D) provides guidance to the owner or op4 erator of a chemical source regarding the steps 

5 that would enable the chemical source to move 

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

7 seeks to move to a lower risk tier. 

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

9 1 year after the date of enactment of this Act, the 

10 Secretary shall determine the tier applicable to each 

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

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

13 designate 1 or more tiers established under para14 graph (1) as higher risk tiers. 

15 (f) SECURITY PERFORMANCE STANDARDS.— 

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

17 security performance standards appropriate to the 

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

19 (2) CONTENTS.—The security performance 

20 standards established under paragraph (1) shall— 

21 (A) set increasingly strict security require22 ments as the level of risk for the tier increases; 

23 (B) enable a chemical source to select se24 curity measures that, in combination, satisfy 
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1 the security performance standards established 

2 by the Secretary; and 

3 (C) be based on the criteria in section 

4 4(a)(2). 

5 (3) GUIDANCE.— 

6 (A) IN GENERAL.—The Secretary shall 

7 provide guidance to a chemical source regarding 

8 the types of security measures that, if applied, 

9 could satisfy the security performance stand10 ards. 

11 (B) ALTERNATE MEASURES.—The owner 

12 or operator of a chemical source shall have 

13 flexibility to employ different security measures 

14 than those contained in the guidance described 

15 in subparagraph (A) if such measures satisfy 

16 the security performance standards established 

17 for the tier applicable to the chemical source. 

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

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

20 shall notify facilities that may be designated as chemical 

21 sources regarding the review of facilities and designation 

22 of chemical sources to be conducted under this Act, includ23 ing the timeline for such review and designation. 

24 (h) SUBSEQUENT DETERMINATIONS.— 
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1 (1) PERIODIC REVIEW OF DETERMINATIONS.— 

2 Not later than 3 years after the designation of 

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

4 3 years thereafter, the Secretary shall, after consid5 ering the criteria established under subsection (a)(1) 

6 and the exclusions under subsection (d), determine 

7 whether to designate any additional facility as a 

8 chemical source or remove the designation of any 

9 particular facility as a chemical source. 

10 (2) OTHER REVIEW.—In addition to the peri11 odic review required under paragraph (1), the Sec12 retary may, after considering the criteria established 

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

14 subsection (d), designate a facility as chemical 

15 source or remove the designation of any facility as 

16 a chemical source. 

17 (3) DUTY TO REPORT.— 

18 (A) FACILITIES BECOMING OPER19 ATIONAL.— 

20 (i) IN GENERAL.—Each facility de21 scribed in clause (ii) shall file a petition 

22 with the Secretary for a determination on 

23 whether that facility should be designated 

24 as a chemical source not later than 180 

25 days after the later of— 
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1 (I) the date of the promulgation 

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

3 or 

4 (II) the date that facility be5 comes operational. 

6 (ii) FACILITIES COVERED.—A facility 

7 described in this clause is a facility— 

8 (I) that becomes operational on 

9 or after the date of the designation of 

10 chemical sources under subsection 

11 (a)(2); and 

12 (II) at which a threshold quan13 tity of a substance of concern is 

14 present. 

15 (B) EXISTING FACILITIES.— 

16 (i) IN GENERAL.—Each facility de17 scribed in clause (ii) shall submit a petition 

18 to the Secretary for a determination on 

19 whether that facility should be designated 

20 as a chemical source not later than 180 

21 days after the later of— 

22 (I) the date of the promulgation 

23 of final regulations under subsection 

24 (a)(1); or 
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1 (II) the date on which the 

2 threshold quantity of a substance of 

3 concern is first present at that facil4 ity. 

5 (ii) FACILITIES COVERED.—A facility 

6 described in this clause is a facility— 

7 (I) for which the owner or oper8 ator is not required to complete a risk 

9 management plan under section 

10 112(r)(7)(B)(ii) of the Clean Air Act 

11 (42 U.S.C. 7412(r)(7)(B)(ii)); 

12 (II) that is operational before the 

13 date of the promulgation of the final 

14 rules establishing criteria for desig15 nating chemical sources under sub16 section (a)(1); and 

17 (III) at which a threshold quan18 tity of a substance of concern is 

19 present. 

20 (C) CONSULTATION.—The Secretary, in 

21 consultation with the Administrator of the En22 vironmental Protection Agency, shall establish a 

23 mechanism for the Secretary to receive notice in 

24 a timely fashion of a facility required by the 

25 Administrator to complete a risk management 
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1 plan in accordance with section 112(r)(7)(B)(ii) 

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

3 7412(r)(7)(B)(ii)). 

4 (D) REGULATIONS.—The Secretary may 

5 promulgate regulations to carry out this para6 graph. 

7 (i) DESIGNATION, EXEMPTION, AND ADJUSTMENT

8 OF THRESHOLD QUANTITIES OF SUBSTANCES OF CON9 CERN.— 

10 (1) IN GENERAL.—The Secretary may, by regu11 lation— 

12 (A) designate a chemical substance, in a 

13 particular threshold quantity, as a substance of 

14 concern under this Act; 

15 (B) exempt a chemical substance from des16 ignation as a substance of concern under this 

17 Act; and 

18 (C) establish or revise the threshold quan19 tity for a chemical substance to be designated 

20 a substance of concern. 

21 (2) CONSIDERATIONS.—In designating or ex22 empting a chemical substance or establishing or re23 vising the threshold quantity of a chemical substance 

24 under paragraph (1), the Secretary shall consider 

25 the potential extent of death, injury, or serious ad-
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1 verse effects to human health and safety or the envi2 ronment and the potential impact on national secu3 rity, the economy, or critical infrastructure that 

4 would result from a terrorist incident involving the 

5 chemical substance. 

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

7 designation, exemption, or revision under paragraph 

8 (1) in the regulations promulgated under subsection 

9 (a)(1). 

10 SEC. 4. VULNERABILITY ASSESSMENTS, SITE SECURITY 

11 PLANS, AND EMERGENCY RESPONSE PLANS. 

12 (a) REQUIREMENT.— 

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

14 the date of enactment of this Act, the Secretary 

15 shall promulgate regulations that require the owner 

16 or operator of each chemical source— 

17 (A) to conduct a vulnerability assessment, 

18 evaluating the vulnerability of the chemical 

19 source to a terrorist incident; 

20 (B) to prepare and implement a site secu21 rity plan that addresses the risks identified in 

22 the vulnerability assessment; and 

23 (C) to prepare and implement an emer24 gency response plan or prepare and implement 

25 an addendum to an existing emergency re-
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1 sponse plan to include response planning for a 

2 terrorist incident. 

3 (2) REGULATORY CRITERIA.—The regulations 

4 promulgated under paragraph (1)— 

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

6 and flexible; and 

7 (B) shall include consideration of— 

8 (i) the criteria established by the Sec9 retary under section 3(a)(1); 

10 (ii) cost and technical feasibility; and 

11 (iii) scale of operations. 

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

13 regulations promulgated under paragraph (1) shall 

14 permit the development and implementation of co15 ordinated vulnerability assessments, site security 

16 plans, and emergency response plans in any case in 

17 which more than 1 chemical source is operating at 

18 a single location or at contiguous locations, including 

19 cases in which a chemical source is under the control 

20 of more than 1 owner or operator. 

21 (4) SHARING OF THREAT INFORMATION.—To 

22 the maximum extent practicable under applicable au23 thority and in the interests of national security, the 

24 Secretary shall provide State and local government 

25 officials and an owner or operator of a chemical 
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1 source with threat information that is relevant to the 

2 chemical source in particular or to the chemical sec3 tor in general. 

4 (5) CONTENTS OF VULNERABILITY ASSESS5 MENT.—A vulnerability assessment shall— 

6 (A) be based on a rigorous methodology 

7 developed or endorsed by the Secretary; 

8 (B) incorporate any threat information 

9 provided under paragraph (4); 

10 (C) address the appropriate security per11 formance standards established by Secretary 

12 under section 3(f); and 

13 (D) include an analysis of— 

14 (i) physical security; 

15 (ii) communication systems; 

16 (iii) electronic, computer, or other 

17 automated systems which are utilized by 

18 the chemical source; 

19 (iv) the sufficiency of security meas20 ures relative to the threats and con21 sequences of a terrorist incident, including 

22 vulnerabilities at the chemical source aris23 ing from the nature and quantities of sub24 stances of concern and the use, storage, or 

25 handling of substances of concern; and 
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1 (v) other areas, as determined by the 

2 Secretary. 

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

4 site security plan shall— 

5 (A) indicate the tier applicable to the 

6 chemical source, as determined by the Secretary 

7 under section 3(e)(2); 

8 (B) address the risks identified in the vul9 nerability assessment; 

10 (C) address the appropriate security per11 formance standards established by Secretary 

12 under section 3(f); 

13 (D) include security measures appropriate 

14 to the tier level of the chemical source that ad15 dress the risks identified in the vulnerability as16 sessment and are sufficient to deter, to the 

17 maximum extent practicable, a terrorist inci18 dent or a substantial threat of such an incident; 

19 (E) include security measures to mitigate 

20 the consequences of a terrorist incident; 

21 (F) describe, at a minimum, particular 

22 plans, processes, or procedures that could be 

23 used by or at the chemical source in the event 

24 of a terrorist incident; 
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1 (G) identify the roles and responsibilities 

2 of employees at the chemical source; 

3 (H) identify steps taken by the chemical 

4 source to coordinate security measures and 

5 plans for response to a terrorist incident with 

6 Federal, State, and local government officials, 

7 including law enforcement and first responders 

8 and specify the security officer who will be the 

9 point of contact for the National Incident Man10 agement System and Federal, State, and local 

11 law enforcement and first responders; and 

12 (I) describe the training, drills (including 

13 periodic unannounced drills), exercises, and se14 curity actions of persons at the chemical source, 

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

16 maximum extent practicable, a terrorist inci17 dent or a substantial threat of such an incident. 

18 (7) CONTENTS OF EMERGENCY RESPONSE

19 PLAN.— 

20 (A) IN GENERAL.—An emergency response 

21 plan shall— 

22 (i) specifically address the con23 sequences of a terrorist incident identified 

24 in the vulnerability assessment prepared 

25 under paragraph (4); 
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1 (ii) be consistent with the site security 

2 plan prepared under paragraph (6); and 

3 (iii) identify the roles and responsibil4 ities of employees at the chemical source. 

5 (B) RELATIONSHIP TO THE NATIONAL

6 CONTINGENCY PLAN.— 

7 (i) IN GENERAL.—Except as provided 

8 in clause (ii), an emergency response plan 

9 shall be a Federally approved or certified 

10 emergency response plan in effect on the 

11 date of enactment of this Act that is— 

12 (I) consistent with guidance pro13 vided by the National Response Team 

14 established under the National Con15 tingency Plan created under section 

16 105 of the Comprehensive Environ17 mental Response, Compensation, and 

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

19 9605); and 

20 (II) modified to satisfy the re21 quirements of subparagraph (A). 

22 (ii) NO EXISTING PLAN.—The owner 

23 or operator of a chemical source that does 

24 not have a Federally approved or certified 

25 emergency response plan in effect on the 
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1 date of enactment of this Act shall follow 

2 the guidance provided by the National Re3 sponse Team established under the Na4 tional Contingency Plan created under sec5 tion 105 of the Comprehensive Environ6 mental Response, Compensation, and Li7 ability Act of 1980 (42 U.S.C. 9605) in 

8 developing an emergency response plan to 

9 meet the specific considerations of that 

10 chemical source. 

11 (C) PROTECTION OF SECURITY INFORMA12 TION.—If, in order meet the requirements of 

13 this paragraph, the owner or operator of a 

14 chemical source is required to include in an 

15 emergency response plan information, the re16 lease of which would be detrimental to the secu17 rity of the source, that information shall be sep18 arated in a security addendum to the emer19 gency response plan. 

20 (8) GUIDANCE TO CHEMICAL SOURCES.—Not 

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

22 Act, the Secretary shall publish guidance to assist 

23 owners and operators of chemical sources in com24 plying with this Act, including advice on aspects of 
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1 compliance with this Act that may be unique to 

2 small business concerns. 

3 (b) CERTIFICATION AND SUBMISSION.— 

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

5 after the date of the promulgation of regulations 

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

7 a chemical source shall certify in writing to the Sec8 retary that the owner or operator has completed a 

9 vulnerability assessment and has developed and im10 plemented, or is implementing, a site security plan 

11 and an emergency response plan in accordance with 

12 this Act. 

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

14 after the date of the promulgation of regulations 

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

16 chemical source shall submit to the Secretary copies 

17 of the vulnerability assessment, site security plan, 

18 and emergency response plan of the chemical source 

19 for review. 

20 (3) FAILURE TO COMPLY.—If an owner or oper21 ator of a chemical source fails to certify or submit 

22 a vulnerability assessment, site security plan, or 

23 emergency response plan in accordance with para24 graph (2), the Secretary may issue an order requir25 ing the certification and submission of a vulner-
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1 ability assessment, site security plan, or emergency 

2 response plan in accordance with this section. 

3 (c) REVIEW BY THE SECRETARY.— 

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

5 the vulnerability assessment, site security plan, and 

6 emergency response plan submitted by the owner or 

7 operator of a chemical source under subsection 

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

9 plans and the implementation of such plans comply 

10 with this section. 

11 (2) DISAPPROVAL.—The Secretary shall dis12 approve a vulnerability assessment, site security 

13 plan, or emergency response plan submitted under 

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

15 the vulnerability assessment, site security plan, 

16 emergency response plan, or the implementation of 

17 such plans does not comply with this section. 

18 (3) COMPLIANCE.— 

19 (A) IN GENERAL.—If the Secretary dis20 approves a vulnerability assessment, site secu21 rity plan, or emergency response plan of a 

22 chemical source under paragraph (2), the Sec23 retary— 

24 (i) shall provide the owner or operator 

25 of the chemical source a written notifica-
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1 tion of the determination that includes a 

2 clear explanation of deficiencies in the vul3 nerability assessment, site security plan, 

4 emergency response plan, or implementa5 tion of the site security plan; 

6 (ii) shall consult with the owner or op7 erator of the chemical source to identify 

8 appropriate steps to achieve compliance; 

9 (iii) if, following consultation under 

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

11 chemical source does not achieve compli12 ance by such date as the Secretary deter13 mines to be appropriate under the cir14 cumstances, shall issue an order requiring 

15 the owner or operator to correct specified 

16 deficiencies; and 

17 (iv) if the owner or operator continues 

18 to be in noncompliance, may issue an order 

19 for the chemical source to cease operation. 

20 (B) COMPLIANCE FOR HIGHER RISK

21 TIERS.— 

22 (i) IN GENERAL.—Not later than 1 

23 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 Sec2 retary shall— 

3 (I) determine whether to approve, 

4 disapprove, or modify the vulnerability 

5 assessment, site security plan, and 

6 emergency response plan submitted 

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

8 source in a higher risk tier; and 

9 (II) determine whether a chem10 ical source in a higher risk tier is op11 erating in compliance with the site se12 curity plan and emergency response 

13 plan submitted by the chemical source 

14 under subsection (b)(2). 

15 (ii) ENFORCEMENT.—The Secretary 

16 may issue an order to a chemical source in 

17 a higher risk tier to cease operation if the 

18 Secretary— 

19 (I) disapproves the vulnerability 

20 assessment, site security plan, or 

21 emergency response plan submitted 

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

23 source in a higher risk tier; or 

24 (II) determines that a chemical 

25 source in a higher risk tier is not op-
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1 erating in compliance with the site se2 curity plan or emergency response 

3 plan submitted by the chemical source 

4 under subsection (b)(2). 

5 (C) COMPLIANCE FOR OTHER TIERS.—Not 

6 later than 5 years after the date of the submis7 sion of the vulnerability assessment, site secu8 rity plan, and emergency response plan by a 

9 chemical source that is not in a higher risk tier 

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

11 complete the review of the assessment and 

12 plans and make a determination regarding com13 pliance with this section. 

14 (D) SUBSEQUENT REVIEW.—The Sec15 retary may conduct subsequent reviews and de16 terminations of compliance under this Act for a 

17 chemical source on a schedule as determined to 

18 be appropriate by the Secretary, with priority 

19 given to chemical sources in a higher risk tier. 

20 (d) SUBMISSION AND CERTIFICATION OF

21 CHANGES.— 

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

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

24 source that affects the security of the chemical 
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1 source, the owner or operator of the chemical source 

2 shall— 

3 (A) notify the Secretary in writing; 

4 (B) provide a description of the change at 

5 the chemical source; and 

6 (C) either— 

7 (i) request a waiver from resubmitting 

8 the vulnerability assessment, security plan, 

9 and emergency response plan; or 

10 (ii) review and resubmit the vulner11 ability assessment, site security plan, and 

12 emergency response plan, with the appro13 priate modifications. 

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

15 determines that additional modification of a vulner16 ability assessment, site security plan, or emergency 

17 response plan is required, the Secretary shall— 

18 (A) provide a written notice to the chem19 ical source owner or operator, requiring modi20 fications addressing any matters specified in 

21 the notice; and 

22 (B) provide the owner or operator of the 

23 chemical source not less than 60 days after the 

24 date of the notice under subparagraph (A) to 

25 submit proposed modifications. 
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1 (3) TEMPORARY SECURITY MEASURES.—During 

2 the period before the Secretary approves a modified 

3 vulnerability assessment, site security plan, or emer4 gency response plan or issues a waiver, an owner or 

5 operator of a chemical source shall ensure temporary 

6 security measures are implemented. 

7 (e) MTSA-REGULATED FACILITIES.— 

8 (1) IN GENERAL.—Except as provided in para9 graph (4), a chemical source that is also a MTSA10 regulated facility shall comply with this Act. 

11 (2) COMPLIANCE.— 

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

13 is also a MTSA-regulated facility shall review 

14 its facility security assessment, facility security 

15 plan, and emergency response plan and make 

16 any modifications necessary to comply with the 

17 security performance standards established for 

18 the tier applicable to the chemical source under 

19 section 3(f) and the requirements of subsection 

20 (a)(1). 

21 (B) SUBMISSION.—Not later than 180 

22 days after the date on which the Secretary pro23 mulgates regulations under subsection (a)(1), 

24 the owner or operator of a chemical source that 

25 is also a MTSA-regulated facility shall— 
29 

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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 

6 Security Coordinator for the area in which 

7 the chemical source is located and the Sec8 retary 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 assess14 ment and facility security plan for the 

15 facility are in compliance with the se16 curity performance standards for the 

17 tier applicable to the chemical source 

18 under section 3(f) and the require19 ments under 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 
30 

•S 2145 IS

1 Security Coordinator for the area in 

2 which the facility is located. 

3 (3) REVIEW BY THE SECRETARY.—In accord4 ance with the procedures under subsection (c), the 

5 Secretary, in consultation with the Federal Maritime 

6 Security Coordinator for the area in which a chem7 ical source that is also a MTSA-regulated facility is 

8 located, shall determine whether a facility security 

9 assessment and facility security plan submitted 

10 under paragraph (2)(B) meets the security perform11 ance standards established by the Secretary under 

12 section 3(f) and the requirements under subsection 

13 (a)(1). 

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

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

16 of this Act. 

17 (5) INTEGRATION AND COORDINATION.— 

18 (A) IN GENERAL.—The Secretary shall im19 plement this Act and chapter 701 of title 46, 

20 United States Code, in as consistent and inte21 grated manner as possible. 

22 (B) COAST GUARD.—The Secretary shall 

23 ensure coordination between the Under Sec24 retary for Preparedness and the Coast Guard 

25 Commandant in carrying out this Act. 
31 

•S 2145 IS

1 (f) ALTERNATIVE SECURITY PROGRAMS.— 

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

3 a petition submitted by any person that describes— 

4 (A) alternate procedures, protocols, and 

5 standards established by an industry entity, 

6 Federal, State, or local government authorities, 

7 or other applicable laws; and 

8 (B) the scope of chemical sources to which 

9 such program would apply. 

10 (2) REVIEW.—The Secretary may review the re11 quirements of any alternative security program sub12 mitted under paragraph (1) to determine whether a 

13 vulnerability assessment, security plan, or emergency 

14 response plan prepared under that program meets 

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

16 vulnerability assessment, security plan, and emer17 gency response plan submitted under subsection 

18 (b)(2). 

19 (3) DETERMINATION.— 

20 (A) IN GENERAL.—If the Secretary deter21 mines that a vulnerability assessment, security 

22 plan, or emergency response plan prepared 

23 under that alternative security program meets 

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

25 for a vulnerability assessment, security plan, 
32 

•S 2145 IS

1 and emergency response plan submitted under 

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

3 petitioner that any chemical source covered by 

4 that program may submit an assessment or 

5 plan prepared under that program without fur6 ther revision. 

7 (B) OTHER DETERMINATIONS.—If the 

8 Secretary determines that a vulnerability as9 sessment, security plan, or emergency response 

10 plan prepared under that alternative security 

11 program does not meet each required element 

12 under subsection (a)(1) for a vulnerability as13 sessment, security plan, and emergency re14 sponse plan submitted under subsection 

15 (b)(2)— 

16 (i) the Secretary may specify what 

17 modifications would be necessary to meet 

18 the required elements for a vulnerability 

19 assessment, security plan, or emergency re20 sponse plan submitted under subsection 

21 (b)(2); and 

22 (ii) a chemical source covered by that 

23 program may submit the assessment or 

24 plans with the specified modifications. 
33 

•S 2145 IS

1 (C) FORM.—Any action taken by the Sec2 retary under this paragraph shall be made by 

3 rule, regulation, or order. 

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

5 relieve the Secretary of the obligation— 

6 (A) to review the vulnerability assessment, 

7 security plan, and emergency response plan 

8 submitted by each chemical source under this 

9 section according to the performance standards 

10 established by section 3(f) and the requirements 

11 under subsection (a)(1); or 

12 (B) to approve or disapprove each submis13 sion on an individual basis. 

14 (g) PERIODIC REVIEW.— 

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

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

17 operator of a chemical source shall— 

18 (A) review the adequacy of the vulner19 ability assessment, site security plan, and emer20 gency response plan for the chemical source; 

21 (B) certify to the Secretary that the chem22 ical source has completed the review and imple23 mented any necessary modifications to the vul24 nerability assessment, site security plan, or 

25 emergency response plan; and 
34 

•S 2145 IS

1 (C) provide to the Secretary a description 

2 of any changes to the vulnerability assessment, 

3 site security plan, or emergency response plan. 

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

5 timeline for review appropriate to the tier level of 

6 the chemical source that requires a review— 

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

8 year after the date of approval of a vulner9 ability assessment, site security plan, and emer10 gency response plan under subsection (b)(1) 

11 and not less often than every 3 years thereafter; 

12 and 

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

14 years after the date of approval of a vulner15 ability assessment, site security plan, and emer16 gency response plan under subsection (b)(1) 

17 and not less often than every 5 years thereafter. 

18 SEC. 5. RECORDKEEPING; SITE INSPECTIONS; PRODUCTION 

19 OF INFORMATION. 

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

21 chemical source shall retain a copy of the vulnerability as22 sessment, site security plan, and emergency response plan 

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

24 date on which such assessment or plan was approved by 

25 the Secretary under section 4(c). 
35 

•S 2145 IS

1 (b) RIGHT OF ENTRY.— 

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

3 Secretary or the designee of the Secretary, on pres4 entation of credentials, shall have a right of entry to, 

5 on, or through— 

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

7 (B) any premises on which any record re8 quired to be maintained under subsection (a) is 

9 located. 

10 (2) AUDITS AND INSPECTIONS.— 

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

12 such times and places as the Secretary deter13 mines to be appropriate, conduct, or require the 

14 conduct of, facility security audits and inspec15 tions, the requirements of which may be estab16 lished by rule, regulation, or order. 

17 (B) SCOPE.—Audits and inspections under 

18 subparagraph (A) shall ensure and evaluate 

19 compliance with this Act. 

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

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

22 presentation of credentials, may at reasonable times seek 

23 access to and copy— 

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

25 described in subsection (a); and 
36 

•S 2145 IS

1 (2) any other documentation necessary for 

2 the— 

3 (A) review or analysis of a vulnerability as4 sessment or security plan; or 

5 (B) implementation of a security plan. 

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

7 an owner or operator of a chemical source is not maintain8 ing, producing, or permitting access to records or to the 

9 premises of the chemical source as required by this sec10 tion, the Secretary may issue an order requiring compli11 ance with the relevant provisions of this section. 

12 SEC. 6. INFRASTRUCTURE PROTECTION AND IMPLEMENTA13 TION. 

14 (a) COORDINATION.— 

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

16 effective chemical security planning and response by 

17 providing the necessary infrastructure, leadership, 

18 technical assistance, guidance, and accountability for 

19 security planning and response in areas surrounding 

20 chemical sources. 

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

22 model the regulations promulgated, organizations es23 tablished, and actions taken under this section on 

24 the requirements of sections 70102, 70103, 70104, 

25 and 70112 of title 46, United States Code. 
37 

•S 2145 IS

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

2 those in positions assigned under this section, shall 

3 coordinate with other Federal area security and re4 sponse committees in order to provide a unified and 

5 effective Federal effort for security and response or6 ganizational infrastructure for the Nation. Nothing 

7 in this section shall supersede any other Federal 

8 area security or response committee and the entities 

9 established under this section shall be organized to 

10 complement such other committees. 

11 (b) COMPLIANCE OFFICE.— 

12 (1) ESTABLISHMENT.—Not later than 3 

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

14 Secretary shall establish an office under the Assist15 ant Secretary for Infrastructure Protection that 

16 shall be responsible for implementing and enforcing 

17 this Act. 

18 (2) ACTIVITIES.—The Secretary, acting 

19 through the Assistant Secretary for Infrastructure 

20 Protection, shall— 

21 (A) provide leadership, guidance, planning, 

22 technical assistance, resources, and conduct 

23 oversight activities to establish an effective 

24 chemical security planning and response infra25 structure for the Nation; 
38 

•S 2145 IS

1 (B) provide leadership, personnel, training, 

2 equipment, other resources as necessary, and 

3 technical assistance to— 

4 (i) Federal, State and local govern5 ment agencies; 

6 (ii) Infrastructure Protection Regional 

7 Security Offices; and 

8 (iii) Area Security Committees, as re9 quested by the Federal Area Security Co10 ordinator; 

11 (C) coordinate with law enforcement agen12 cies, first responders, and chemical sources re13 garding the response to a potential or actual 

14 terrorist incident at a chemical source; 

15 (D) review and approve each Area Security 

16 Plan submitted under subsection (d); and 

17 (E) coordinate with the Office of State and 

18 Local Government Coordination and Prepared19 ness of the Department, to ensure some home20 land security grants administered by the De21 partment support the plans required under this 

22 section. 

23 (c) INFRASTRUCTURE PROTECTION REGIONAL SECU24 RITY OFFICES.— 
39 

•S 2145 IS

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

2 after the date of enactment of this Act, the Sec3 retary shall establish in each Federal Emergency 

4 Management Agency Region an Infrastructure Pro5 tection Regional Security Office, for purposes of car6 rying out this Act and coordinating regional secu7 rity, as described in this section. 

8 (2) MEMBERSHIP AND DUTIES.—Each Infra9 structure Protection Regional Security Office shall— 

10 (A) consist of— 

11 (i) the personnel of the Infrastructure 

12 Protection Office of the Department within 

13 the region; and 

14 (ii) a regional security advisory staff, 

15 to be appointed by the Secretary; 

16 (B) review and approve each Area Security 

17 Plan for the region to ensure coordination be18 tween regions and States; 

19 (C) oversee implementation of this Act to 

20 ensure consistent implementation within the re21 gion, in conjunction with the strategic mission 

22 and policies of, and guidance from, the Depart23 ment; and 

24 (D) perform other functions as assigned by 

25 the Secretary necessary to implement the re-
40 

•S 2145 IS

1 quirements of this Act or help protect other 

2 critical infrastructure. 

3 (d) AREA SECURITY COMMITTEES AND PLANS.— 

4 (1) DESIGNATION OF AREAS AND FEDERAL

5 AREA SECURITY COORDINATORS.— 

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

7 after the date of enactment of this Act, the Sec8 retary shall designate geographic areas for the 

9 Area Committees established under paragraph 

10 (2). 

11 (B) REQUIREMENTS.—In designating 

12 areas under subparagraph (A), the Secretary 

13 shall ensure that— 

14 (i) except as provided in subparagraph 

15 (C), all parts of the United States are in16 cluded in an area; and 

17 (ii) no area is larger than a single 

18 State, although an area may incorporate 

19 portions of more than 1 State, based on 

20 the organization and number of chemical 

21 sources in a geographic area. 

22 (C) EXCLUSION.—Any area designated 

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

24 United States Code, shall not be included in 

25 any area designated under this Act. 
41 

•S 2145 IS

1 (2) ESTABLISHMENT AND DESIGNATION.— 

2 (A) COMMITTEES.—There is established 

3 for each area designated by the Secretary under 

4 paragraph (1) an Area Security Committee, 

5 comprised of members appointed by the Sec6 retary, in consultation with State and local gov7 ernment officials, from qualified and effected 

8 security and response personnel of Federal, 

9 State, and local government agencies, chemical 

10 sources, local emergency planning and response 

11 entities, other critical infrastructure sectors, 

12 and other appropriate organizations. 

13 (B) COORDINATOR.—For each area des14 ignated by the Secretary under paragraph (1), 

15 the Secretary shall designate a Federal Area 

16 Security Coordinator with knowledge of and ex17 perience in the activities required under this 

18 subsection. 

19 (3) DUTIES.— 

20 (A) COMMITTEES.—Each Area Security 

21 Committee, under the direction of the Federal 

22 Area Security Coordinator for the area assigned 

23 to such Area Security Committee, shall— 

24 (i) meet not less frequently than twice 

25 per year; 
42 

•S 2145 IS

1 (ii) prepare the Area Security Plan 

2 described in paragraph (4) for that area 

3 and submit the Area Security Plan to the 

4 Secretary for approval; and 

5 (iii) coordinate with Federal, State, 

6 and local government officials and chemical 

7 sources to enhance the security and re8 sponse planning of those officials and to 

9 assure effective preplanning of joint secu10 rity and response efforts, including exer11 cises, drills, evacuations, sheltering, and 

12 rescue. 

13 (B) COORDINATOR.—Each Federal Area 

14 Security Coordinator shall, for the area as15 signed to such official— 

16 (i) conduct audits and inspections of 

17 chemical sources under this Act; 

18 (ii) provide appropriate guidance and 

19 support to chemical sources; and 

20 (iii) perform such other duties as are 

21 required by the Area Security Committee 

22 or the Secretary. 

23 (4) AREA SECURITY PLANS.— 

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

25 after the date of enactment of this Act, each 
43 

•S 2145 IS

1 Area Security Committee shall prepare and sub2 mit to the Secretary for approval an Area Secu3 rity Plan for the area assigned to such Area Se4 curity Committee. 

5 (B) PLAN REQUIREMENTS.—The Area Se6 curity Plan shall— 

7 (i) coordinate the resources of the 

8 area assigned to the Area Security Com9 mittee to deter a potential or actual ter10 rorist incident at a chemical source in that 

11 area, or to respond to a terrorist incident 

12 at a chemical source in that area; 

13 (ii) coordinate with the National In14 frastructure Protection Plan, the National 

15 Response Plan, the site security plan of 

16 any chemical source located in the area as17 signed to the Area Security Committee, 

18 other appropriate national security and re19 sponse plans, and the Area Security Plans 

20 for contiguous areas; 

21 (iii) reflect security and response post22 incident investigative reports, as deter23 mined by the Secretary; 

24 (iv) describe in detail the responsibil25 ities of an owner or operator of a chemical 
44 

•S 2145 IS

1 source (based upon the approved site secu2 rity plan for the chemical source) and of 

3 Federal, State, and local government agen4 cies in responding to potential or actual 

5 terrorist incident at a chemical source op6 erating in the area assigned to the Area 

7 Security Committee; 

8 (v) describe the area covered by the 

9 plan, list the assets and resources available 

10 to respond to a terrorist incident, and in11 clude any other information the Secretary 

12 requires; 

13 (vi) be updated periodically by the 

14 Area Security Committee; and 

15 (vii) provide for coordination with the 

16 appropriate Federal, State and local gov17 ernment agencies or members of local enti18 ties that plan for emergency releases from 

19 chemical sources regarding how local popu20 lations that may be affected by a release 

21 are provided with information, including 

22 evacuation planning, sheltering in place, 

23 and areas of refuge. 
45 

•S 2145 IS

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

2 the date of enactment of this Act, the Secretary 

3 shall— 

4 (A) review each Area Security Plan devel5 oped under paragraph (4); 

6 (B) require amendments to any plan that 

7 does not meet the requirements of this section; 

8 and 

9 (C) approve each plan that meets the re10 quirements of this section. 

11 (e) AREA EXERCISES AND DRILLS.— 

12 (1) IN GENERAL.—The Secretary shall periodi13 cally conduct drills and exercises, some without prior 

14 notice, including full functional and communications 

15 exercises of security and response capability in each 

16 area for which an Area Security Plan is required 

17 under this section and under the site security plan 

18 and emergency response plans of relevant chemical 

19 sources. 

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

21 exercises conducted under paragraph (1) may in22 clude participation by— 

23 (A) Federal, State, and local government 

24 agencies, including law enforcement and first 

25 responders; 
46 

•S 2145 IS

1 (B) the owner and operator of any chem2 ical source in the area; 

3 (C) members of local entities that plan for 

4 emergency releases; 

5 (D) representatives of other critical infra6 structure; and 

7 (E) other participants as determined ap8 propriate by the Secretary or the designee of 

9 the Secretary. 

10 (3) REPORTS.—The Secretary shall publish an11 nual reports on drills under this subsection, includ12 ing assessments of the effectiveness of the plans de13 scribed in paragraph (1), lessons learned, and a list 

14 of any amendments made to improve any plan de15 scribed in paragraph (1). The annual reports shall 

16 not include protected information. 

17 SEC. 7. HEIGHTENED SECURITY MEASURES. 

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

19 additional security measures are necessary to respond to 

20 a threat assessment or to a specific threat against the 

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

22 owner or operator of a chemical source setting forth man23 datory security measures. Only the Secretary or the des24 ignee of the Secretary may issue an order under this sec25 tion. 
47 

•S 2145 IS

1 (b) PERIOD OF ORDER.— 

2 (1) IN GENERAL.—Any order issued by the Sec3 retary under subsection (a) shall be effective upon 

4 issuance and shall remain in effect for a period of 

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

6 action in an appropriate United States district court 

7 before the expiration of that 90-day period. 

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

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

10 issued by the Secretary under subsection (a) shall 

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

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

13 or longer period as may be authorized by the court 

14 in which such action is filed. 

15 SEC. 8. PENALTIES. 

16 (a) ADMINISTRATIVE PENALTIES.— 

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

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

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

20 per year, for failure to comply with an order or di21 rective issued by the Secretary under this Act. 

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

23 penalty under paragraph (1), the Secretary shall 

24 provide to the person against which the penalty is to 

25 be assessed— 
48 

•S 2145 IS

1 (A) a written notice of the proposed pen2 alty; and 

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

4 on which the person receives the notice, the op5 portunity to request a hearing on the proposed 

6 penalty. 

7 (3) PROCEDURES.—The Secretary shall promul8 gate regulations establishing procedures for adminis9 trative hearings and appropriate review, including 

10 necessary deadlines. 

11 (b) CIVIL PENALTIES.— 

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

13 action in a United States district court against any 

14 owner or operator of a chemical source that violates 

15 or fails to comply with any order or directive issued 

16 by the Secretary under this Act or a site security 

17 plan approved by the Secretary under this Act. 

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

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

20 and may award a civil penalty of not more than 

21 $50,000 for each day on which a violation occurs or 

22 a failure to comply continues. 

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

24 a chemical source who knowingly violates any order issued 

25 by the Secretary under this Act or knowingly fails to com-
49 

•S 2145 IS

1 ply with a site security plan approved by the Secretary 

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

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

4 years, or both. 

5 SEC. 9. PROTECTION OF INFORMATION. 

6 (a) DISCLOSURE EXEMPTIONS.— 

7 (1) RECORDS OF THE DEPARTMENT.— 

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

9 subsection (b), the Department shall not be re10 quired under section 552 of title 5, United 

11 States Code, to make available to the public a 

12 record described in subparagraph (B). 

13 (B) RECORDS NOT DISCLOSED.—A record 

14 described in this subparagraph is— 

15 (i) a vulnerability assessment, site se16 curity plan, or a security addendum to an 

17 emergency response plan obtained by the 

18 Department under section 4; 

19 (ii) an area security plan required 

20 under section 6(d)(4); 

21 (iii) materials developed or produced 

22 by a chemical source exclusively in prepa23 ration of documents referred to in clause 

24 (i) and obtained by the Department under 

25 section 4; or 
50 

•S 2145 IS

1 (iv) any record developed exclusively 

2 for the purposes of this Act by the Depart3 ment, or produced exclusively for the pur4 poses of this Act by a chemical source and 

5 obtained by the Department under section 

6 4, to the extent that the record contains 

7 information that— 

8 (I) describes a specific chemical 

9 source or the specific vulnerabilities of 

10 a chemical source; 

11 (II) was taken from a record de12 scribed in clause (i) or (ii) or from a 

13 copy of such record in possession of 

14 the chemical source; and 

15 (III) would, if disclosed, be detri16 mental to the security of a chemical 

17 source. 

18 (2) RECORDS OF OTHER AGENCIES.— 

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

20 than the Department shall not be required 

21 under section 552 of title 5, United States 

22 Code, to make available to the public a record 

23 described in subparagraph (C). 

24 (B) REFERRAL OF REQUESTS.—If a Fed25 eral agency other than the Department receives 
51 

•S 2145 IS

1 a request under section 552 of title 5, United 

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

3 or clause (ii)(I) of subparagraph (C), the agen4 cy, without consideration by the agency of 

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

6 (i) shall not disclose the record; and 

7 (ii) shall refer the request to the De8 partment for processing and response. 

9 (C) RECORDS NOT DISCLOSED.—A record 

10 described in this subparagraph is any record— 

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

12 was shared by the Department with the 

13 agency under this section; and 

14 (ii) produced exclusively for the pur15 poses of this Act by the agency, to the ex16 tent that the record contains information 

17 that— 

18 (I) describes a specific chemical 

19 source or the specific vulnerabilities of 

20 a chemical source; 

21 (II) was taken from a record de22 scribed in clause (i); and 

23 (III) would, if disclosed, be detri24 mental to the security of a chemical 

25 source. 
52 

•S 2145 IS

1 (3) RECORDS OF STATE OR LOCAL GOVERN2 MENT AGENCIES.— 

3 (A) IN GENERAL.—A State or local gov4 ernment agency shall not be required under any 

5 State or local law providing for public access to 

6 information to make available to the public a 

7 record described in subparagraph (B). 

8 (B) RECORDS NOT DISCLOSED.—A record 

9 described in this subparagraph is any record— 

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

11 was shared by the Department with the 

12 State or local government agency under 

13 section 6; and 

14 (ii) produced exclusively for the pur15 poses of this Act by the State or local gov16 ernment agency, to the extent that the 

17 record contains information that— 

18 (I) describes a specific chemical 

19 source or the specific vulnerabilities of 

20 a chemical source; and 

21 (II) was taken from a record de22 scribed in clause (i) or (ii) or from a 

23 copy of such document in possession 

24 of the chemical source. 

25 (b) PUBLIC INFORMATION.— 
53 

•S 2145 IS

1 (1) IN GENERAL.— 

2 (A) INFORMATION DISCLOSED.—Except as 

3 provided in subparagraph (B), the following 

4 records shall be made available to the public 

5 under section 552 of title 5, United States 

6 Code: 

7 (i) CERTIFICATIONS.—A certification 

8 under section 4(b)(1). 

9 (ii) ORDER FOR FAILURE TO COM10 PLY.—An order under section 4(b)(3). 

11 (iii) COMPLIANCE CERTIFICATES.—A 

12 certificate of compliance under paragraph 

13 (2). 

14 (iv) OTHER ORDERS.—The identity of 

15 any chemical source and the owner or op16 erator of the chemical source for which any 

17 other order or any approval or disapproval 

18 is issued under this Act, together with in19 formation identifying the applicable order, 

20 approval, or disapproval. 

21 (B) EXCEPTION.— 

22 (i) IN GENERAL.—If the Secretary 

23 makes a specific finding and determination 

24 with respect to a particular chemical 

25 source that releasing any record described 
54 

•S 2145 IS

1 in subparagraph (A) regarding that chem2 ical source would increase the risk to the 

3 security of any chemical source, the Sec4 retary may establish a period, not to ex5 ceed 6 months, during which the record 

6 shall not be made available to the public 

7 under section 552 of title 5, United States 

8 Code. 

9 (ii) EXTENSION.—Not more than 60 

10 days before to the expiration of a period 

11 established under clause (i) (or an exten12 sion of such period under this clause), the 

13 Secretary may extend the period for an ad14 ditional period not to exceed 6 months if 

15 the Secretary makes a specific finding and 

16 determination with respect to a particular 

17 chemical source that releasing any record 

18 described in subparagraph (A) regarding 

19 that chemical source would increase the 

20 risk to the security of any chemical source. 

21 (iii) NOTICE TO GAO.—If the Sec22 retary determines not to allow a record to 

23 be made available to the public under 

24 clause (i) or extends the period of non25 disclosure under clause (ii), the Secretary 
55 

•S 2145 IS

1 shall submit to the Comptroller General of 

2 the United States, for inclusion and eval3 uation in the reports under section 12, a 

4 detailed statement— 

5 (I) identifying the chemical 

6 source; 

7 (II) describing the record; 

8 (III) explaining the basis for the 

9 Secretary’s determination; and 

10 (IV) describing any security 

11 measures being implemented by the 

12 chemical source. 

13 (2) CERTIFICATION OF COMPLIANCE.—When 

14 the Secretary determines that a chemical source is 

15 in compliance with the requirements of this Act, the 

16 Secretary shall issue and make available for public 

17 inspection a certificate of approval that contains the 

18 following statement: ‘‘llll (chemical source 

19 name) llll is in compliance with the Chemical 

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

21 (3) REPORT TO CONGRESS.—Not less fre22 quently than once each year, the Secretary shall sub23 mit to Congress a public report on the performance 

24 of chemical sources under the Act, in the aggregate, 
56 

•S 2145 IS

1 including a description of common problems, solu2 tions, and industry best practices. 

3 (c) DEVELOPMENT OF PROTOCOLS.— 

4 (1) IN GENERAL.—The Secretary, in consulta5 tion with the Director of the Office of Management 

6 and Budget and appropriate Federal law enforce7 ment and intelligence officials and in a manner con8 sistent with existing protections for sensitive or clas9 sified information, shall, by regulation, establish con10 fidentiality protocols for maintenance and use of 

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

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

13 (2) REQUIREMENTS FOR PROTOCOLS.—The 

14 protocols established under paragraph (1) shall en15 sure, to the maximum extent practicable, that— 

16 (A) the records shall be maintained in a 

17 secure location; and 

18 (B) access to records shall be limited— 

19 (i) as may be necessary to— 

20 (I) enable enforcement of this 

21 Act; or 

22 (II) address an imminent and 

23 substantial threat to security, health, 

24 safety, or the environment; 
57 

•S 2145 IS

1 (ii) to State or local law enforcement 

2 officials, first responders, or other State or 

3 local government officials granted access to 

4 records for the purpose of carrying out this 

5 Act; and 

6 (iii) to other persons granted access 

7 for the purpose of carrying out this Act. 

8 (3) OTHER PROCEDURES IN PROTOCOLS.—The 

9 protocols established under paragraph (1) shall 

10 also— 

11 (A) provide for the labeling of any record 

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

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

14 information in such record to be traced back to 

15 the specific document from which the informa16 tion was derived; 

17 (B) accommodate the making of disclo18 sures under sections 2302(b)(8) and 7211 of 

19 title 5, United States Code, and provide guid20 ance to employees as to how to make such dis21 closures without compromising security; 

22 (C) include procedures applicable to a re23 quest under section 552 of title 5, United 

24 States Code, requiring that any portion of a 

25 record that reasonably may be separated shall 
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1 be provided to a person requesting the record 

2 after redaction of any portion that is exempt 

3 from disclosure; 

4 (D) establish procedures by which a record 

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

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

7 the requirements regarding public disclosure 

8 under section 552 of title 5, United States 

9 Code, when, because of changed circumstances 

10 or the passage of time, disclosure of the record 

11 would not be detrimental to the security of a 

12 chemical source. 

13 (d) PROCESS FOR REPORTING PROBLEMS.— 

14 (1) ESTABLISHMENT OF A REPORTING PROC15 ESS.—The Secretary shall establish, and provide in16 formation to the public regarding, a process by 

17 which any person may submit a report to the Sec18 retary regarding problems, deficiencies, or 

19 vulnerabilities at a chemical source. 

20 (2) CONFIDENTIALITY.—The Secretary shall 

21 keep confidential the identity of a person who sub22 mits a report under paragraph (1) and any such re23 port shall be treated as a record described in sub24 section (a)(1)(B), to the extent that it does not con25 sist of publicly available information. 
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1 (3) ACKNOWLEDGMENT OF RECEIPT.—If a re2 port submitted under paragraph (1) identifies the 

3 person making the report, the Secretary shall re4 spond promptly to such person and acknowledge re5 ceipt of the report. 

6 (4) STEPS TO ADDRESS PROBLEMS.—The Sec7 retary shall review and consider the information pro8 vided in any report submitted under paragraph (1) 

9 and shall take whatever steps the Secretary deter10 mines appropriate to address any problems, defi11 ciencies, or vulnerabilities identified. 

12 (5) RETALIATION PROHIBITED.—No employer 

13 may discharge any employee or otherwise discrimi14 nate against any employee with respect to the com15 pensation to, or terms, conditions, or privileges of 

16 the employment of, such employee because the em17 ployee (or a person acting pursuant to a request of 

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

19 (6) GAO REPORTING.—The Comptroller Gen20 eral of the United States shall, in the reports under 

21 section 12— 

22 (A) describe the number and type of prob23 lems, deficiencies, and vulnerabilities reported 

24 on under this subsection; and 
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1 (B) evaluate the Secretary’s efforts in ad2 dressing such problems, deficiencies, and 

3 vulnerabilities. 

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

5 shall be construed to limit— 

6 (1) the right of an individual to make any dis7 closure— 

8 (A) protected or authorized under section 

9 2302(b)(8) or 7211 of title 5, United States 

10 Code; or 

11 (B) to the Special Counsel, the inspector 

12 general of an agency, or any other employee 

13 designated by the head of an agency to receive 

14 similar disclosures; or 

15 (2) the applicability or enforcement of sections 

16 818 and 820 of the Transportation, Treasury, Hous17 ing and Urban Development, the Judiciary, and 

18 Independent Agencies Appropriations Act, 2006 

19 (Public Law 109–115). 

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

21 in this Act shall be construed to limit the rights or obliga22 tions of any chemical source, any entity that is not a Fed23 eral, State, or local government agency in possession of 

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

25 (3)(B) of subsection (a), or any individual, with respect 
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1 to the withholding or disclosure of any information or 

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

3 regardless of whether or not the Department has received 

4 or possesses similar or identical information or a similar 

5 or identical record. 

6 (g) DISCLOSURE OF INDEPENDENTLY FURNISHED

7 INFORMATION.— 

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

9 construed to affect the handling, treatment, or dis10 closure of a record or information obtained from a 

11 chemical source under any other law. 

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

13 shall be construed to affect any authority or obliga14 tion of an agency to disclose any record that the 

15 agency receives independently of a record that is ex16 empt under this section from the public disclosure 

17 requirements under section 552 of title 5, United 

18 States Code, regardless of whether or not the De19 partment has an identical or similar record that is 

20 so exempt. 

21 (h) OTHER OBLIGATIONS UNAFFECTED.— 

22 (1) IN GENERAL.—Nothing in this section af23 fects any obligation of the owner or operator of a 

24 chemical source to submit or make available infor25 mation to a Federal, State, or local government 
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1 agency under, or otherwise to comply with, any 

2 other law. 

3 (2) NO USE OF INFORMATION TO GAIN GOV4 ERNMENTAL BENEFIT.—The owner or operator of a 

5 chemical source may not use any record described in 

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

7 (a) to satisfy any legal requirement or obligation 

8 other than a requirement under this Act or to obtain 

9 any grant, permit, contract, benefit (including agen10 cy forbearance, loans, or deduction or modifications 

11 of agency penalties or rulings) or other govern12 mental approval. 

13 (i) AVAILABILITY OF INFORMATION TO CONGRESS.— 

14 Nothing in this Act shall be construed to authorize infor15 mation to be withheld from Congress. 

16 (j) PENALTIES FOR UNAUTHORIZED DISCLOSURE.— 

17 Any officer or employee of a Federal, State, or local gov18 ernment agency who, in a manner or to an extent not au19 thorized by law, knowingly discloses any record described 

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

21 shall— 

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

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

24 or both; and 
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1 (2) if an officer or employee of the Government, 

2 be removed from Federal office or employment. 

3 SEC. 10. STATE AND OTHER LAWS. 

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

5 preclude or deny any right of any State or political 

6 subdivision thereof to adopt or enforce any regula7 tion, requirement, or standard of performance re8 specting chemical facility security that is more strin9 gent than a regulation, requirement, or standard of 

10 performance in effect under this Act, or shall other11 wise impair any right or jurisdiction of the States 

12 with respect to chemical facilities within such States 

13 unless there is an actual conflict between a provision 

14 of this Act and the law of the State. 

15 (2) OTHER REQUIREMENTS.—Nothing in this 

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

17 political subdivision thereof to adopt or enforce any 

18 regulation, requirement, or standard of performance, 

19 including air or water pollution requirements, that 

20 are directed at problems other than reducing dam21 age from terrorist attacks. 

22 SEC. 11. CHEMICAL SECURITY REPORTING. 

23 Not later than 6 months after the date of enactment 

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

25 on Homeland Security and Governmental Affairs of the 
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1 Senate and the Committee on Homeland Security and the 

2 Committee on Energy and Commerce of the House of 

3 Representatives an update of the national strategy for the 

4 chemical sector required to be submitted by the Secretary 

5 to the Committee on Appropriations of the Senate and the 

6 Committee on Appropriations of the House of Representa7 tives by February 10, 2006. 

8 SEC. 12. REVIEW BY THE GOVERNMENT ACCOUNTABILITY 

9 OFFICE. 

10 (a) ACCESSIBILITY.—The Secretary shall provide ac11 cess to the Government Accountability Office of any docu12 ment or information required to be submitted to, gen13 erated by, or otherwise in the possession of the Depart14 ment under this Act. 

15 (b) REVIEW AND REPORTS.— 

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

17 the first year following the calendar year in which 

18 the regulations are promulgated under section 

19 4(a)(1), and on January 1 of each year thereafter, 

20 the Government Accountability Office shall submit a 

21 report described under paragraph (2) to— 

22 (A) the Committee on Homeland Security 

23 and Governmental Affairs of the Senate; and 

24 (B) the Committee on Homeland Security 

25 of the House of Representatives and the Com-
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1 mittee on Energy and Commerce of the House 

2 of Representatives. 

3 (2) CONTENTS.—Each report submitted under 

4 paragraph (1) shall include— 

5 (A) a review of site security plans, vulner6 ability assessments, and emergency response 

7 plans under this Act; and 

8 (B) a determination of whether such plans 

9 and assessments are in compliance with this 

10 Act. 

11 SEC. 13. AUTHORIZATION OF APPROPRIATIONS. 

12 There are authorized to be appropriated such sums 

13 as are necessary to carry out this Act. 

Æ