I 

109TH CONGRESS 

1ST SESSION H. R. 1562 

To protect human health and the environment from the release of hazardous 

substances by acts of terrorism. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 12, 2005 

Mr. FOSSELLA introduced the following bill; which was referred to the Committee on Homeland Security, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To protect human health and the environment from the 

release of hazardous substances by acts of terrorism. 

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 Se5 curity Act of 2005’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 

8 (1) Industries that manufacture, distribute, and 

9 process chemicals are crucial components of the na-
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1 tional economy and the critical infrastructure of the 

2 United States— 

3 (A) in their own right; and 

4 (B) because those industries supply re5 sources essential to the functioning of other 

6 critical infrastructure. 

7 (2) A terrorist attack on a facility that manu8 factures, processes, or uses potentially dangerous 

9 chemicals, or a theft of those chemicals from such 

10 a facility for use in a terrorist attack, could pose a 

11 serious threat to— 

12 (A) public health, safety, and welfare; 

13 (B) critical infrastructure; and 

14 (C) national security. 

15 (3) While Federal, State, and local governments 

16 share primary responsibility for preventing, detect17 ing, and responding to terrorist attacks, the owners 

18 and operators of facilities that manufacture, process, 

19 or use potentially dangerous chemicals should make 

20 every reasonable effort to protect those facilities 

21 against the threat of such attacks. 

22 (4) While programs to protect the health and 

23 safety of workers, the public, and the environment 

24 by reducing the potential for accidental releases of 

25 potentially dangerous chemicals, including the con-
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1 sequences of worst-case releases of those chemicals, 

2 are in place as required by numerous Federal and 

3 State laws, the events of September 11, 2001, dem4 onstrate the need to ensure that appropriate security 

5 measures are taken to address the threat of acts of 

6 terrorism against facilities that manufacture, use, or 

7 process potentially dangerous chemicals. 

8 SEC. 3. DEFINITIONS. 

9 In this Act: 

10 (1) ADMINISTRATOR.—The term ‘‘Adminis11 trator’’ means the Administrator of the Environ12 mental Protection Agency. 

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

14 source’’ means a stationary source as defined in sec15 tion 112(r)(2)(C) of the Clean Air Act (42 U.S.C. 

16 7412(r)(2)(C)) at which a substance of concern is 

17 present in more than a threshold quantity, as de18 fined in or established under paragraphs (3) and (5) 

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

20 7412(r)), subject to the authority of the Secretary 

21 under section 5(f) to designate additional categories 

22 of stationary sources as chemical sources or to ex23 empt categories of existing chemical sources from 

24 such designation. 
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1 (3) DEPARTMENT.—The term ‘‘Department’’ 

2 means the Department of Homeland Security. 

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

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

5 Comprehensive Environmental Response, Compensa6 tion, and Liability Act of 1980 (42 U.S.C. 9601). 

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

8 or operator’’ has the meaning given the term in sec9 tion 112(a) of the Clean Air Act (42 U.S.C. 

10 7412(a)). 

11 (6) RELEASE.—The term ‘‘release’’ has the 

12 meaning given the term in section 101 of the Com13 prehensive Environmental Response, Compensation, 

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

15 (7) SECRETARY.—The term ‘‘Secretary’’ means 

16 the Secretary of Homeland Security. 

17 (8) SECURITY MEASURE.— 

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

19 measure’’ means an action carried out to ensure 

20 or enhance the security of a chemical source. 

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

22 measure’’, with respect to a chemical source, in23 cludes measures such as— 

24 (i) employee training and background 

25 checks; 
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1 (ii) the limitation and prevention of 

2 access to controls of the chemical source; 

3 (iii) the protection of the perimeter of 

4 the chemical source; 

5 (iv) the installation and operation of 

6 intrusion detection sensors; 

7 (v) the implementation of measures to 

8 increase computer or computer network se9 curity; 

10 (vi) the implementation of other secu11 rity-related measures to protect against or 

12 reduce the threat of— 

13 (I) a terrorist attack on the 

14 chemical source; or 

15 (II) the theft of a substance of 

16 concern for offsite release in further17 ance of an act of terrorism; and 

18 (vii) conduct of any similar security19 related activity, as determined by the Sec20 retary. 

21 (9) SUBSTANCE OF CONCERN.—The term ‘‘sub22 stance of concern’’ means a chemical substance 

23 present at a chemical source in more than a thresh24 old quantity, subject to the authority of the Sec25 retary under section 5(g) to designate new sub-
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1 stances as substances of concern, exempt existing 

2 substances of concern from such designation, or ad3 just the threshold quantity for a substance of con4 cern. 

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

6 the meaning given the term in section 2 of the 

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

8 (11) TERRORIST RELEASE.—The term ‘‘ter9 rorist release’’ means— 

10 (A) a release from a chemical source into 

11 the environment of a substance of concern that 

12 is caused by an act of terrorism; or 

13 (B) the theft of a substance of concern by 

14 a person for offsite release in furtherance of an 

15 act of terrorism. 

16 SEC. 4. DESIGNATION OF AND REQUIREMENTS FOR HIGH17 PRIORITY CATEGORIES. 

18 (a) DESIGNATION AND REGULATION OF HIGH-PRI19 ORITY CATEGORIES BY THE SECRETARY.—Not later than 

20 1 year after the date of enactment of this Act, the Sec21 retary, in consultation with the Administrator, shall pro22 mulgate regulations to designate certain combinations of 

23 chemical sources and substances of concern as high-pri24 ority categories based on the severity of the threat posed 

25 by a terrorist release from the chemical sources. 
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1 (b) FACTORS TO BE CONSIDERED.—In designating 

2 high-priority categories under subsection (a), the Sec3 retary, in consultation with the Administrator, shall con4 sider— 

5 (1) the severity of the harm that could be 

6 caused by a terrorist release; 

7 (2) the proximity to population centers; 

8 (3) the threats to national security; 

9 (4) the threats to critical infrastructure; 

10 (5) the nature and quantity of substances of 

11 concern at a given facility; and 

12 (6) such other security-related factors as the 

13 Secretary, in consultation with the Administrator, 

14 determines to be appropriate. 

15 SEC. 5. VULNERABILITY ASSESSMENTS AND SITE SECURITY 

16 PLANS. 

17 (a) REQUIREMENT.— 

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

19 the date of enactment of this Act, the Secretary 

20 shall promulgate regulations that require the owner 

21 or operator of each chemical source— 

22 (A) to conduct an assessment of the vul23 nerability of the chemical source to a terrorist 

24 release, including identifying hazards that may 

25 result from a terrorist release; 
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1 (B) to prepare and implement a site secu2 rity plan that addresses the results of the vul3 nerability assessment; 

4 (C) in the case of a chemical source that 

5 is in a high-priority category under regulations 

6 under section 4, to provide to the Secretary a 

7 copy of the vulnerability assessment conducted 

8 under subparagraph (A) and the site security 

9 plan prepared under subparagraph (B); and 

10 (D) in the case of a chemical source that 

11 is not in a high-priority category under regula12 tions promulgated under section 4, to provide to 

13 the Department, on request, copies of the vul14 nerability assessment and site security plan for 

15 review. 

16 (2) DEADLINES.— 

17 (A) IN GENERAL.—The Secretary shall 

18 specify in regulations promulgated under para19 graph (1) specific deadlines for the completion 

20 and certification of vulnerability assessments 

21 and site security plans under subsection (b). 

22 (B) ALTERNATIVE DEADLINES.—The Sec23 retary may establish deadlines other than dead24 lines described in subparagraph (A) for dif25 ferent categories of chemical sources based on 
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1 the regulatory criteria specified in subsection 

2 (e). 

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

4 site security plan required under the regulations pro5 mulgated under paragraph (1)— 

6 (A)(i) shall include security measures to 

7 reduce the vulnerability of the chemical source 

8 covered by the plan to a terrorist release; and 

9 (ii) may include other actions and proce10 dures appropriate to reduce the vulnerability of 

11 the chemical source to a terrorist release; and 

12 (B) shall describe, at a minimum, par13 ticular equipment, plans, and procedures that 

14 could be implemented or used by or at the 

15 chemical source in the event of a terrorist re16 lease. 

17 (4) THREAT INFORMATION.—To the maximum 

18 extent practicable under applicable authority and in 

19 the interests of national security, the Secretary shall 

20 provide to an owner or operator of a chemical source 

21 required to prepare a vulnerability assessment and 

22 site security plan threat information that is relevant 

23 to the chemical source. 

24 (b) CERTIFICATION AND SUBMISSION.— 
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1 (1) IN GENERAL.—Each owner or operator of a 

2 chemical source that is not in a high-priority cat3 egory shall certify in writing to the Secretary that 

4 the owner or operator has completed a vulnerability 

5 assessment, and has developed and implemented or 

6 is implementing a site security plan, in accordance 

7 with this Act, including— 

8 (A) regulations promulgated under sub9 section (a)(1); and 

10 (B) any applicable procedures, protocols, 

11 or standards endorsed or recognized by the Sec12 retary under subsection (c)(2). 

13 (2) OVERSIGHT.—The Secretary shall, at such 

14 times and places as the Secretary determines to be 

15 appropriate, conduct or require the conduct of vul16 nerability assessments and other activities to ensure 

17 and evaluate compliance with— 

18 (A) this Act (including regulations promul19 gated under subsection (a)(1)); and 

20 (B) other applicable procedures, protocols, 

21 or standards endorsed or recognized by the Sec22 retary under subsection (c)(2). 

23 (c) SPECIFIED STANDARDS.— 

24 (1) IN GENERAL.—The Secretary may— 
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1 (A) establish procedures, protocols, and 

2 standards for vulnerability assessments and site 

3 security plans; 

4 (B) establish provisions identifying security 

5 measures that, if implemented, would establish 

6 the sufficiency of a vulnerability assessment or 

7 site security plan; and 

8 (C) require that a vulnerability assessment 

9 and site security plan address a particular 

10 threat or type of threat. 

11 (2) EXISTING PROCEDURES, PROTOCOLS, AND

12 STANDARDS.—Upon petition by any person of the 

13 Secretary, any procedures, protocols, and standards 

14 established by the Secretary under paragraph (1)(A) 

15 shall endorse or recognize procedures, protocols, and 

16 standards— 

17 (A) that are established by— 

18 (i) industry; 

19 (ii) Federal, State, or local authori20 ties; or 

21 (iii) other applicable law; and 

22 (B) the requirements of which the Sec23 retary determines to be— 

24 (i) substantially equivalent to the re25 quirements under subsection (a); and 
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1 (ii) in effect on or after the date of 

2 enactment of this Act. 

3 (3) NO ACTION BY SECRETARY.—If the Sec4 retary does not endorse or recognize existing proce5 dures, protocols, and standards described in para6 graph (2)(A), the Secretary shall provide to each 

7 person that submitted a petition under paragraph 

8 (2) a written notification that includes a clear expla9 nation of the reasons why the endorsement or rec10 ognition was not made. 

11 (d) PREPARATION OF ASSESSMENTS AND PLANS.— 

12 As of the date of endorsement or recognition by the Sec13 retary of a particular procedure, protocol, or standard 

14 under subsection (c)(2), any vulnerability assessment or 

15 site security plan that is prepared by a chemical source 

16 before, on, or after the date of endorsement or recognition 

17 of, and in accordance with, that procedure, protocol, or 

18 standard, shall be exempt from subsection (c) and para19 graphs (1) and (3) of subsection (a) (including such a vul20 nerability assessment or site security plan prepared before, 

21 on, or after the date of enactment of this Act). 

22 (e) REGULATORY CRITERIA.—In exercising the au23 thority under subsections (a) and (c) with respect to a 

24 chemical source, the Secretary shall consider— 
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1 (1) the likelihood that a chemical source will be 

2 the target of terrorism; 

3 (2) the nature and quantity of the substances 

4 of concern present at a chemical source; 

5 (3) the potential extent of death, injury, or seri6 ous adverse effects to human health or the environ7 ment that would result from a terrorist release; 

8 (4) the potential harm to critical infrastructure 

9 and national security from a terrorist release; 

10 (5) cost and technical feasibility; 

11 (6) scale of operations; and 

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

13 Secretary determines to be appropriate and nec14 essary to protect the public health and welfare, crit15 ical infrastructure, and national security. 

16 (f) DESIGNATION AND EXEMPTION OF CHEMICAL

17 SOURCES.— 

18 (1) IN GENERAL.—The Secretary may, from 

19 time to time, by regulation— 

20 (A) designate certain categories of sta21 tionary sources as chemical sources under this 

22 Act; or 

23 (B) exempt certain categories of stationary 

24 sources from designation as chemical sources, 
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1 without regard to whether a substance of concern is 

2 present at such sources in more than a threshold 

3 quantity. 

4 (2) CONSIDERATIONS.—In designating or ex5 empting a chemical source under paragraph (1), the 

6 Secretary shall consider the factors described in sub7 section (e). 

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

9 designation or exemption under paragraph (1) in 

10 regulations promulgated under subsection (a)(1). 

11 (4) FUTURE DETERMINATIONS.—Not later than 

12 3 years after the date of promulgation of regulations 

13 under subsections (a)(1) and (c), and every 3 years 

14 thereafter, the Secretary shall, after considering the 

15 criteria described in subsection (e), determine wheth16 er to designate or exempt particular categories of 

17 chemical sources under this subsection. 

18 (g) DESIGNATION, EXEMPTION, AND ADJUSTMENT

19 OF THRESHOLD QUANTITIES OF SUBSTANCES OF CON20 CERN.— 

21 (1) IN GENERAL.—The Secretary may, by regu22 lation— 

23 (A) designate certain chemical substances 

24 in particular threshold quantities as substances 

25 of concern under this Act; 
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1 (B) exempt certain chemical substances 

2 from designation as substances of concern 

3 under this Act; and 

4 (C) adjust the threshold quantity of a 

5 chemical substance. 

6 (2) CONSIDERATIONS.—In designating or ex7 empting a chemical substance or adjusting the 

8 threshold quantity of a chemical substance under 

9 paragraph (1), the Secretary shall consider the po10 tential extent of death, injury, or serious adverse ef11 fects to human health or the environment that would 

12 result from a terrorist release of the chemical sub13 stance. 

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

15 designation, exemption, or adjustment under para16 graph (1) in regulations promulgated under sub17 section (a)(1). 

18 (h) FIVE-YEAR REVIEW.—Not later than 5 years 

19 after the date of certification of a vulnerability assessment 

20 and a site security plan under subsection (b)(1), and not 

21 less often than every 5 years thereafter (or on such a 

22 schedule as the Secretary may establish by regulation), the 

23 owner or operator of the chemical source covered by the 

24 vulnerability assessment or site security plan shall— 
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1 (1) review the adequacy of the vulnerability as2 sessment and site security plan; and 

3 (2)(A) certify to the Secretary that the chemical 

4 source has completed the review and implemented 

5 any modifications to the site security plan; and 

6 (B) upon request by the Secretary, submit to 

7 the Secretary a description of any changes to the 

8 vulnerability assessment or site security plan. 

9 (i) SUBMISSION OF CHANGES FOR HIGH-PRIORITY

10 CHEMICAL SOURCES.—The owner or operator of a chem11 ical source that is in a high-priority category under regula12 tions under section 4 shall provide to the Secretary a de13 scription of any change made to the vulnerability assess14 ment or site security plan required for the chemical source 

15 under this section, by not later than 90 days after the 

16 date the change is made. 

17 (j) PROTECTION OF INFORMATION.— 

18 (1) DISCLOSURE EXEMPTION.—All information 

19 obtained in accordance with this Act, and all infor20 mation derived from that information (including in21 formation shared with Federal, State, and local gov22 ernmental entities under paragraphs (2) and (3))— 

23 (A) shall not be disclosed by any Federal 

24 agency, under section 552 of title 5, United 

25 States Code, or otherwise; 
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1 (B) shall not be disclosed under any State 

2 or local law providing for public access to infor3 mation; and 

4 (C) shall not be subject to discovery or ad5 mitted into evidence in any Federal or State 

6 civil judicial or administrative proceeding, other 

7 than an action under section 10. 

8 (2) DEVELOPMENT OF PROTOCOLS.— 

9 (A) IN GENERAL.—The Secretary, in con10 sultation with the Director of the Office of 

11 Management and Budget and appropriate Fed12 eral law enforcement and intelligence officials, 

13 and in a manner consistent with existing pro14 tections for sensitive or classified information, 

15 shall, by regulation, establish confidentiality 

16 protocols for maintenance and use of informa17 tion that is obtained from owners or operators 

18 of chemical sources and provided to the Sec19 retary under this Act. 

20 (B) REQUIREMENTS FOR PROTOCOLS.—A 

21 protocol established under subparagraph (A) 

22 shall ensure that— 

23 (i) each copy of a vulnerability assess24 ment or site security plan submitted to the 

25 Secretary, all information contained in or 
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1 derived from that assessment or plan, and 

2 other information obtained under section 

3 8, is maintained in a secure location; and 

4 (ii) except as provided in paragraph 

5 (3)(B), access to the copies of the vulner6 ability assessments and site security plans 

7 submitted to the Secretary, and other in8 formation obtained under section 8, shall 

9 be limited to persons designated by the 

10 Secretary. 

11 (3) PENALTIES FOR UNAUTHORIZED DISCLO12 SURE.— 

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

14 subparagraph (B), any individual who acquires 

15 any information described in paragraph (2)(A) 

16 (including any reproduction of that information 

17 or any information derived from that informa18 tion), and who knowingly or recklessly discloses 

19 the information, shall— 

20 (i) be imprisoned not more than 1 

21 year, fined in accordance with chapter 227 

22 of title 18, United States Code (applicable 

23 to class A misdemeanors), or both; and 

24 (ii) if a Federal employee, be removed 

25 from Federal office or employment. 
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1 (B) EXCEPTIONS.— 

2 (i) IN GENERAL.—Subparagraph (A) 

3 shall not apply to a person described in 

4 that subparagraph that discloses informa5 tion described in paragraph (2)(A)— 

6 (I) to an individual designated by 

7 the Secretary under paragraph 

8 (2)(B)(ii); or 

9 (II) for use in any administrative 

10 or judicial proceeding to impose a 

11 penalty for failure to comply with a 

12 requirement of this Act. 

13 (ii) LAW ENFORCEMENT OFFICIALS

14 AND FIRST RESPONDERS.—Notwith15 standing subparagraph (A), an individual 

16 referred to in paragraph (2)(B)(ii) who is 

17 an officer or employee of the United States 

18 may share with a State or local law en19 forcement or other official (including a 

20 first responder) the contents of a vulner21 ability assessment or site security plan, or 

22 other information described in that para23 graph, to the extent disclosure is necessary 

24 to carry out this Act. 
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1 SEC. 6. ENFORCEMENT. 

2 (a) FAILURE TO CERTIFY OR SUBMIT.—If an owner 

3 or operator of a chemical source fails to certify or submit 

4 a vulnerability assessment or site security plan in accord5 ance with this Act, the Secretary may issue an order re6 quiring the certification and submission of a vulnerability 

7 assessment or site security plan in accordance with this 

8 Act. 

9 (b) DISAPPROVAL.—The Secretary may disapprove a 

10 vulnerability assessment or site security plan if the Sec11 retary determines that— 

12 (1) the vulnerability assessment or site security 

13 plan does not comply with regulations promulgated 

14 under subsections (a)(1) and (c) of section 5; or 

15 (2) the site security plan, or the implementation 

16 of the site security plan, is insufficient to address— 

17 (A) the results of a vulnerability assess18 ment of a chemical source; or 

19 (B) a threat of a terrorist release. 

20 (c) COMPLIANCE.—If the Secretary disapproves a 

21 vulnerability assessment or site security plan of a chemical 

22 source under subsection (b), the Secretary shall— 

23 (1) provide the owner or operator of the chem24 ical source a written notification of the determina25 tion that includes a clear explanation of deficiencies 
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1 in the vulnerability assessment, site security plan, or 

2 implementation of the assessment or plan; 

3 (2) consult with the owner or operator of the 

4 chemical source to identify appropriate steps to 

5 achieve compliance; and 

6 (3) if, following that consultation, the owner or 

7 operator of the chemical source does not achieve 

8 compliance in accordance by such date as the Sec9 retary determines to be appropriate under the cir10 cumstances, issue an order requiring the owner or 

11 operator to revise, recertify, and submit the assess12 ment or plan to correct deficiencies specified in the 

13 order. 

14 (d) PROTECTION OF INFORMATION.—Any determina15 tion of disapproval or order made or issued under this sec16 tion— 

17 (1) shall not be disclosed by any Federal agen18 cy, under section 552 of title 5, United States Code, 

19 or otherwise; 

20 (2) shall not be disclosed under any State or 

21 local law providing for public access to information; 

22 and 

23 (3) shall not be subject to discovery or admitted 

24 into evidence in any Federal or State civil judicial or 
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1 administrative proceeding, other than an action 

2 under section 10. 

3 SEC. 7. INTERAGENCY TECHNICAL SUPPORT AND CO4 OPERATION. 

5 The Secretary— 

6 (1) may request other Federal agencies to pro7 vide technical and analytical support (other than 

8 field work) in implementing this Act; and 

9 (2) may provide reimbursement for such tech10 nical and analytical support received as the Sec11 retary determines to be appropriate. 

12 SEC. 8. RECORDKEEPING; SITE INSPECTIONS; PRODUCTION 

13 OF INFORMATION. 

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

15 chemical source that is required to prepare a vulnerability 

16 assessment or site security plan under section 5(a) shall 

17 maintain a current copy of those documents. 

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

19 Secretary (or a designee), on presentation of credentials, 

20 shall have a right of entry to, on, or through— 

21 (1) any premises of an owner or operator of a 

22 chemical source described in subsection (a); and 

23 (2) any premises on which any record required 

24 to be maintained under subsection (a) is located. 
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1 (c) REQUESTS FOR RECORDS.—In carrying out this 

2 Act, the Secretary (or a designee) may require the submis3 sion of, or, on presentation of credentials, may at reason4 able times seek access to and copy— 

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

6 described in subsection (a); and 

7 (2) any other documentation necessary for— 

8 (A) review or analysis of a vulnerability as9 sessment or site security plan; or 

10 (B) implementation of a site security plan. 

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

12 an owner or operator of a chemical source is not maintain13 ing, producing, or permitting access to records as required 

14 by this section, the Secretary may issue an order requiring 

15 compliance with the relevant provisions of this section. 

16 SEC. 9. INTEGRATION WITH OTHER AUTHORITIES. 

17 A chemical source that is required to prepare a facil18 ity vulnerability assessment and a facility security plan or 

19 emergency response plan under the provisions of chapter 

20 701 of title 46, United States Code, or section 1433 of 

21 the Safe Drinking Water Act (42 U.S.C. 300i-2) shall not 

22 be subject to the requirements of this Act, unless the 

23 owner or operator petitions the Secretary to be subject to 

24 the requirements of this Act in lieu of those established 

25 by such provisions. 
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1 SEC. 10. PENALTIES. 

2 (a) JUDICIAL RELIEF.—Any owner or operator of a 

3 chemical source that violates or fails to comply with any 

4 order issued by the Secretary under this Act or a site secu5 rity plan submitted to the Secretary under this Act (or, 

6 in the case of an exemption described in section 5(d), a 

7 procedure, protocol, or standard endorsed or recognized 

8 by the Secretary under section 5(c)) may, in a civil action 

9 brought in United States district court, be subject, for 

10 each day on which the violation occurs or the failure to 

11 comply continues, to— 

12 (1) an order for injunctive relief; or 

13 (2) a civil penalty of not more than $50,000. 

14 (b) ADMINISTRATIVE PENALTIES.— 

15 (1) PENALTY ORDERS.—The Secretary may 

16 issue an administrative penalty of not more than 

17 $250,000 for failure to comply with an order issued 

18 by the Secretary under this Act. 

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

20 order described in paragraph (1), the Secretary shall 

21 provide to the person against which the penalty is to 

22 be assessed— 

23 (A) written notice of the proposed order; 

24 and 

25 (B) the opportunity to request, not later 

26 than 30 days after the date on which the per-
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1 son receives the notice, a hearing on the pro2 posed order. 

3 (3) PROCEDURES.—The Secretary may promul4 gate regulations outlining the procedures for admin5 istrative hearings and appropriate review, including 

6 necessary deadlines. 

7 (c) TREATMENT OF INFORMATION IN JUDICIAL PRO8 CEEDINGS.—Information submitted to or obtained by the 

9 Secretary, information derived from that information, and 

10 information submitted by the Secretary under this Act 

11 shall be treated in any judicial or administrative action 

12 as if the information were classified material. 

13 SEC. 11. PROVISION OF TRAINING. 

14 The Secretary may provide training to State and local 

15 officials and owners and operators in furtherance of the 

16 purposes of this Act. 

17 SEC. 12. PROVISION OF ASSESSMENTS AND RESPONSE 

18 PLANS UNDER SAFE DRINKING WATER ACT. 

19 Section 1433 of the Safe Drinking Water Act (42 

20 U.S.C. 300i–2) is amended by adding at the end the fol21 lowing: 

22 ‘‘(f) PROVISION OF ASSESSMENTS AND RESPONSE

23 PLANS TO SECRETARY OF HOMELAND SECURITY.—Pur24 suant to section 202 of the Homeland Security Act of 

25 2002 (Public Law 107–296; 6 U.S.C. 122), the Adminis-
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1 trator shall, upon request by the Secretary of Homeland 

2 Security, provide to the Secretary any vulnerability assess3 ment or emergency response plan received by the Adminis4 trator under this section.’’. 

5 SEC. 13. NO EFFECT ON REQUIREMENTS UNDER OTHER 

6 LAW. 

7 Except as provided in section 5(j), section 6(c), sec8 tion 9, and section 12, nothing in this Act affects any duty 

9 or other requirement imposed under any other Federal or 

10 State law. 

Æ