(ii) in effect on or after the date of 
enactment of this Act. 
(3) NO ACTION BY SECRETARY.—If the Sec-
retary does not endorse or recognize existing proce-
dures, protocols, and standards described in para-
graph (2)(A), the Secretary shall provide to each 
person that submitted a petition under paragraph 
(2) a written notification that includes a clear expla-
nation of the reasons why the endorsement or rec-
ognition was not made. 
(d) PREPARATION OF ASSESSMENTS AND PLANS.— 
As of the date of endorsement or recognition by the Sec-
retary of a particular procedure, protocol, or standard 
under subsection (c)(2), any vulnerability assessment or 
site security plan that is prepared by a chemical source 
before, on, or after the date of endorsement or recognition 
of, and in accordance with, that procedure, protocol, or 
standard, shall be exempt from subsection (c) and para-
graphs (1) and (3) of subsection (a) (including such a vul-
nerability assessment or site security plan prepared before, 
on, or after the date of enactment of this Act). 
(e) REGULATORY CRITERIA.—In exercising the au-
thority under subsections (a) and (c) with respect to a 
chemical source, the Secretary shall consider—
(1) the likelihood that a chemical source will be 
the target of terrorism; 
(2) the nature and quantity of the substances 
of concern present at a chemical source; 
(3) the potential extent of death, injury, or seri-
ous adverse effects to human health or the environ-
ment that would result from a terrorist release; 
(4) the potential harm to critical infrastructure 
and national security from a terrorist release; 
(5) cost and technical feasibility; 
(6) scale of operations; and 
(7) such other security-related factors as the 
Secretary determines to be appropriate and nec-
essary to protect the public health and welfare, crit-
ical infrastructure, and national security. 
(f) DESIGNATION AND EXEMPTION OF CHEMICAL 
SOURCES.— 
(1) IN
GENERAL.—The Secretary may, from 
time to time, by regulation— 
(A) designate certain categories of sta-
tionary sources as chemical sources under this 
Act; or 
(B) exempt certain categories of stationary 
sources from designation as chemical sources,
without regard to whether a substance of concern is 
present at such sources in more than a threshold 
quantity. 
(2) CONSIDERATIONS.—In designating or ex-
empting a chemical source under paragraph (1), the 
Secretary shall consider the factors described in sub-
section (e). 
(3) REGULATIONS.—The Secretary may make a 
designation or exemption under paragraph (1) in 
regulations promulgated under subsection (a)(1). 
(4) FUTURE DETERMINATIONS.—Not later than 
3 years after the date of promulgation of regulations 
under subsections (a)(1) and (c), and every 3 years 
thereafter, the Secretary shall, after considering the 
criteria described in subsection (e), determine wheth-
er to designate or exempt particular categories of 
chemical sources under this subsection. 
(g) DESIGNATION, EXEMPTION, AND ADJUSTMENT 
OF THRESHOLD QUANTITIES OF SUBSTANCES OF CON-
CERN.— 
(1) IN GENERAL.—The Secretary may, by regu-
lation— 
(A) designate certain chemical substances 
in particular threshold quantities as substances 
of concern under this Act;
(B) exempt certain chemical substances 
from designation as substances of concern 
under this Act; and 
(C) adjust the threshold quantity of a 
chemical substance. 
(2) CONSIDERATIONS.—In designating or ex-
empting a chemical substance or adjusting the 
threshold quantity of a chemical substance under 
paragraph (1), the Secretary shall consider the po-
tential extent of death, injury, or serious adverse ef-
fects to human health or the environment that would 
result from a terrorist release of the chemical sub-
stance. 
(3) REGULATIONS.—The Secretary may make a 
designation, exemption, or adjustment under para-
graph (1) in regulations promulgated under sub-
section (a)(1). 
(h) FIVE-YEAR REVIEW.—Not later than 5 years 
after the date of certification of a vulnerability assessment 
and a site security plan under subsection (b)(1), and not 
less often than every 5 years thereafter (or on such a 
schedule as the Secretary may establish by regulation), the 
owner or operator of the chemical source covered by the 
vulnerability assessment or site security plan shall—
(1) review the adequacy of the vulnerability as-
sessment and site security plan; and 
(2)(A) certify to the Secretary that the chemical 
source has completed the review and implemented 
any modifications to the site security plan; and 
(B) upon request by the Secretary, submit to 
the Secretary a description of any changes to the 
vulnerability assessment or site security plan. 
(i) SUBMISSION OF CHANGES FOR HIGH-PRIORITY 
CHEMICAL SOURCES.—The owner or operator of a chem-
ical source that is in a high-priority category under regula-
tions under section 4 shall provide to the Secretary a de-
scription of any change made to the vulnerability assess-
ment or site security plan required for the chemical source 
under this section, by not later than 90 days after the 
date the change is made. 
(j) PROTECTION OF INFORMATION.— 
(1) DISCLOSURE EXEMPTION.—All information 
obtained in accordance with this Act, and all infor-
mation derived from that information (including in-
formation shared with Federal, State, and local gov-
ernmental entities under paragraphs (2) and (3))— 
(A) shall not be disclosed by any Federal 
agency, under section 552 of title 5, United 
States Code, or otherwise;
(B) shall not be disclosed under any State 
or local law providing for public access to infor-
mation; and 
(C) shall not be subject to discovery or ad-
mitted into evidence in any Federal or State 
civil judicial or administrative proceeding, other 
than an action under section 10. 
(2) DEVELOPMENT OF PROTOCOLS.— 
(A) IN GENERAL.—The Secretary, in con-
sultation with the Director of the Office of 
Management and Budget and appropriate Fed-
eral law enforcement and intelligence officials, 
and in a manner consistent with existing pro-
tections for sensitive or classified information, 
shall, by regulation, establish confidentiality 
protocols for maintenance and use of informa-
tion that is obtained from owners or operators 
of chemical sources and provided to the Sec-
retary under this Act. 
(B) REQUIREMENTS FOR PROTOCOLS.—A 
protocol established under subparagraph (A) 
shall ensure that— 
(i) each copy of a vulnerability assess-
ment or site security plan submitted to the 
Secretary, all information contained in or
derived from that assessment or plan, and 
other information obtained under section 
8, is maintained in a secure location; and 
(ii) except as provided in paragraph 
(3)(B), access to the copies of the vulner-
ability assessments and site security plans 
submitted to the Secretary, and other in-
formation obtained under section 8, shall 
be limited to persons designated by the 
Secretary. 
(3) PENALTIES
FOR
UNAUTHORIZED
DISCLO-
SURE.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), any individual who acquires 
any information described in paragraph (2)(A) 
(including any reproduction of that information 
or any information derived from that informa-
tion), and who knowingly or recklessly discloses 
the information, shall— 
(i) be imprisoned not more than 1 
year, fined in accordance with chapter 227 
of title 18, United States Code (applicable 
to class A misdemeanors), or both; and 
(ii) if a Federal employee, be removed 
from Federal office or employment.
(B) EXCEPTIONS.— 
(i) IN GENERAL.—Subparagraph (A) 
shall not apply to a person described in 
that subparagraph that discloses informa-
tion described in paragraph (2)(A)— 
(I) to an individual designated by 
the 
Secretary 
under 
paragraph 
(2)(B)(ii); or 
(II) for use in any administrative 
or judicial proceeding to impose a 
penalty for failure to comply with a 
requirement of this Act. 
(ii) LAW
ENFORCEMENT
OFFICIALS 
AND
FIRST
RESPONDERS.—Notwith-
standing subparagraph (A), an individual 
referred to in paragraph (2)(B)(ii) who is 
an officer or employee of the United States 
may share with a State or local law en-
forcement or other official (including a 
first responder) the contents of a vulner-
ability assessment or site security plan, or 
other information described in that para-
graph, to the extent disclosure is necessary 
to carry out this Act.
SEC. 6. ENFORCEMENT. 
(a) FAILURE TO CERTIFY OR SUBMIT.—If an owner 
or operator of a chemical source fails to certify or submit 
a vulnerability assessment or site security plan in accord-
ance with this Act, the Secretary may issue an order re-
quiring the certification and submission of a vulnerability 
assessment or site security plan in accordance with this 
Act. 
(b) DISAPPROVAL.—The Secretary may disapprove a 
vulnerability assessment or site security plan if the Sec-
retary determines that— 
(1) the vulnerability assessment or site security 
plan does not comply with regulations promulgated 
under subsections (a)(1) and (c) of section 5; or 
(2) the site security plan, or the implementation 
of the site security plan, is insufficient to address— 
(A) the results of a vulnerability assess-
ment of a chemical source; or 
(B) a threat of a terrorist release. 
(c) COMPLIANCE.—If the Secretary disapproves a 
vulnerability assessment or site security plan of a chemical 
source under subsection (b), the Secretary shall— 
(1) provide the owner or operator of the chem-
ical source a written notification of the determina-
tion that includes a clear explanation of deficiencies
in the vulnerability assessment, site security plan, or 
implementation of the assessment or plan; 
(2) consult with the owner or operator of the 
chemical source to identify appropriate steps to 
achieve compliance; and 
(3) if, following that consultation, the owner or 
operator of the chemical source does not achieve 
compliance in accordance by such date as the Sec-
retary determines to be appropriate under the cir-
cumstances, issue an order requiring the owner or 
operator to revise, recertify, and submit the assess-
ment or plan to correct deficiencies specified in the 
order. 
(d) PROTECTION OF INFORMATION.—Any determina-
tion of disapproval or order made or issued under this sec-
tion— 
(1) shall not be disclosed by any Federal agen-
cy, under section 552 of title 5, United States Code, 
or otherwise; 
(2) shall not be disclosed under any State or 
local law providing for public access to information; 
and 
(3) shall not be subject to discovery or admitted 
into evidence in any Federal or State civil judicial or
administrative proceeding, other than an action 
under section 10. 
SEC. 7. INTERAGENCY TECHNICAL SUPPORT AND CO-
OPERATION. 
The Secretary— 
(1) may request other Federal agencies to pro-
vide technical and analytical support (other than 
field work) in implementing this Act; and 
(2) may provide reimbursement for such tech-
nical and analytical support received as the Sec-
retary determines to be appropriate. 
SEC. 8. RECORDKEEPING; SITE INSPECTIONS; PRODUCTION 
OF INFORMATION. 
(a) RECORDKEEPING.—The owner or operator of a 
chemical source that is required to prepare a vulnerability 
assessment or site security plan under section 5(a) shall 
maintain a current copy of those documents. 
(b) RIGHT OF ENTRY.—In carrying out this Act, the 
Secretary (or a designee), on presentation of credentials, 
shall have a right of entry to, on, or through— 
(1) any premises of an owner or operator of a 
chemical source described in subsection (a); and 
(2) any premises on which any record required 
to be maintained under subsection (a) is located.
(c) REQUESTS FOR RECORDS.—In carrying out this 
Act, the Secretary (or a designee) may require the submis-
sion of, or, on presentation of credentials, may at reason-
able times seek access to and copy— 
(1) any records, reports, or other information 
described in subsection (a); and 
(2) any other documentation necessary for— 
(A) review or analysis of a vulnerability as-
sessment or site security plan; or 
(B) implementation of a site security plan. 
(d) COMPLIANCE.—If the Secretary determines that 
an owner or operator of a chemical source is not maintain-
ing, producing, or permitting access to records as required 
by this section, the Secretary may issue an order requiring 
compliance with the relevant provisions of this section. 
SEC. 9. INTEGRATION WITH OTHER AUTHORITIES. 
A chemical source that is required to prepare a facil-
ity vulnerability assessment and a facility security plan or 
emergency response plan under the provisions of chapter 
701 of title 46, United States Code, or section 1433 of 
the Safe Drinking Water Act (42 U.S.C. 300i-2) shall not 
be subject to the requirements of this Act, unless the 
owner or operator petitions the Secretary to be subject to 
the requirements of this Act in lieu of those established 
by such provisions.