States Code, to the Federal Maritime 
Security Coordinator for the area in 
which the facility is located. 
(3) REVIEW BY THE SECRETARY.—In accord-
ance with the procedures under subsection (c), the 
Secretary, in consultation with the Federal Maritime 
Security Coordinator for the area in which a chem-
ical source that is also a MTSA-regulated facility is 
located, shall determine whether a facility security 
assessment and facility security plan submitted 
under paragraph (2)(B) meets the security perform-
ance standards established by the Secretary under 
section 3(f) and the requirements under subsection 
(a)(1). 
(4) EXEMPTION.—A chemical source that is a 
MTSA-regulated facility is exempt from section 6(d) 
of this Act. 
(5) INTEGRATION AND COORDINATION.— 
(A) IN GENERAL.—The Secretary shall im-
plement this Act and chapter 701 of title 46, 
United States Code, in as consistent and inte-
grated manner as possible. 
(B) COAST GUARD.—The Secretary shall 
ensure coordination between the Under Sec-
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retary for Preparedness and the Coast Guard 
Commandant in carrying out this Act. 
(f) ALTERNATIVE SECURITY PROGRAMS.— 
(1) IN GENERAL.—The Secretary may consider 
a petition submitted by any person that describes— 
(A) alternate procedures, protocols, and 
standards established by an industry entity, 
Federal, State, or local government authorities, 
or other applicable laws; and 
(B) the scope of chemical sources to which 
such program would apply. 
(2) REVIEW.—The Secretary may review the re-
quirements of any alternative security program sub-
mitted under paragraph (1) to determine whether a 
vulnerability assessment, security plan, or emergency 
response plan prepared under that program meets 
each required element under subsection (a)(1) for a 
vulnerability assessment, security plan, and emer-
gency response plan submitted under subsection 
(b)(2). 
(3) DETERMINATION.— 
(A) IN GENERAL.—If the Secretary deter-
mines that a vulnerability assessment, security 
plan, or emergency response plan prepared 
under that alternative security program meets 
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each required element under subsection (a)(1) 
for a vulnerability assessment, security plan, 
and emergency response plan submitted under 
subsection (b)(2), the Secretary shall notify the 
petitioner that any chemical source covered by 
that program may submit an assessment or 
plan prepared under that program without fur-
ther revision. 
(B) OTHER
DETERMINATIONS.—If the 
Secretary determines that a vulnerability as-
sessment, security plan, or emergency response 
plan prepared under that alternative security 
program does not meet each required element 
under subsection (a)(1) for a vulnerability as-
sessment, security plan, and emergency re-
sponse 
plan 
submitted 
under 
subsection 
(b)(2)— 
(i) the Secretary may specify what 
modifications would be necessary to meet 
the required elements for a vulnerability 
assessment, security plan, or emergency re-
sponse plan submitted under subsection 
(b)(2); and 
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(ii) a chemical source covered by that 
program may submit the assessment or 
plans with the specified modifications. 
(C) FORM.—Any action taken by the Sec-
retary under this paragraph shall be made by 
rule, regulation, or order. 
(4) REVIEW.—Nothing in this subsection shall 
relieve the Secretary of the obligation— 
(A) to review the vulnerability assessment, 
security plan, and emergency response plan 
submitted by each chemical source under this 
section according to the performance standards 
established by section 3(f) and the requirements 
under subsection (a)(1); or 
(B) to approve or disapprove each submis-
sion on an individual basis. 
(g) PERIODIC REVIEW.— 
(1) IN GENERAL.—On the timeline established 
by the Secretary under paragraph (2), the owner or 
operator of a chemical source shall— 
(A) review the adequacy of the vulner-
ability assessment, site security plan, and emer-
gency response plan for the chemical source; 
(B) certify to the Secretary that the chem-
ical source has completed the review and imple-
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mented any necessary modifications to the vul-
nerability assessment, site security plan, or 
emergency response plan; and 
(C) provide to the Secretary a description 
of any changes to the vulnerability assessment, 
site security plan, or emergency response plan. 
(2) TIMING.—The Secretary shall establish a 
timeline for review appropriate to the tier level of 
the chemical source that requires a review— 
(A) for a higher risk tier, not later than 1 
year after the date of approval of a vulner-
ability assessment, site security plan, and emer-
gency response plan under subsection (b)(1) 
and not less often than every 3 years thereafter; 
and 
(B) for all other tiers, not later than 5 
years after the date of approval of a vulner-
ability assessment, site security plan, and emer-
gency response plan under subsection (b)(1) 
and not less often than every 5 years thereafter. 
SEC. 5. RECORDKEEPING; SITE INSPECTIONS; PRODUCTION 
OF INFORMATION. 
(a) RECORDKEEPING.—The owner or operator of a 
chemical source shall retain a copy of the vulnerability as-
sessment, site security plan, and emergency response plan 
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for the chemical source for not less than 5 years after the 
date on which such assessment or plan was approved by 
the Secretary under section 4(c). 
(b) RIGHT OF ENTRY.— 
(1) IN GENERAL.—In carrying out this Act, the 
Secretary or the designee of the Secretary, on pres-
entation of credentials, shall have a right of entry to, 
on, or through— 
(A) the premises of a chemical source; and 
(B) any premises on which any record re-
quired to be maintained under subsection (a) is 
located. 
(2) AUDITS AND INSPECTIONS.— 
(A) IN GENERAL.—The Secretary shall, at 
such times and places as the Secretary deter-
mines to be appropriate, conduct, or require the 
conduct of, facility security audits and inspec-
tions, the requirements of which may be estab-
lished by rule, regulation, or order. 
(B) SCOPE.—Audits and inspections under 
subparagraph (A) shall ensure and evaluate 
compliance with this Act. 
(c) REQUESTS FOR RECORDS.—In carrying out this 
Act, the Secretary may require the submission of, or, on 
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presentation of credentials, may at reasonable times seek 
access to and copy— 
(1) any records, reports, or other information 
described in subsection (a); and 
(2) any other documentation necessary for 
the— 
(A) review or analysis of a vulnerability as-
sessment or security plan; or 
(B) implementation of a 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 or to the 
premises of the chemical source as required by this sec-
tion, the Secretary may issue an order requiring compli-
ance with the relevant provisions of this section. 
SEC. 6. INFRASTRUCTURE PROTECTION AND IMPLEMENTA-
TION. 
(a) COORDINATION.— 
(1) IN GENERAL.—The Secretary shall ensure 
effective chemical security planning and response by 
providing the necessary infrastructure, leadership, 
technical assistance, guidance, and accountability for 
security planning and response in areas surrounding 
chemical sources. 
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(2) WITH
OTHER
LAW.—The Secretary shall 
model the regulations promulgated, organizations es-
tablished, and actions taken under this section on 
the requirements of sections 70102, 70103, 70104, 
and 70112 of title 46, United States Code. 
(3) WITH
COMMITTEES.—The Secretary, and 
those in positions assigned under this section, shall 
coordinate with other Federal area security and re-
sponse committees in order to provide a unified and 
effective Federal effort for security and response or-
ganizational infrastructure for the Nation. Nothing 
in this section shall supersede any other Federal 
area security or response committee and the entities 
established under this section shall be organized to 
complement such other committees. 
(b) COMPLIANCE OFFICE.— 
(1) 
ESTABLISHMENT.—Not 
later 
than 
months after the date of enactment of this Act, the 
Secretary shall establish an office under the Assist-
ant Secretary for Infrastructure Protection that 
shall be responsible for implementing and enforcing 
this Act. 
(2) 
ACTIVITIES.—The 
Secretary, 
acting 
through the Assistant Secretary for Infrastructure 
Protection, shall— 
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(A) provide leadership, guidance, planning, 
technical assistance, resources, and conduct 
oversight activities to establish an effective 
chemical security planning and response infra-
structure for the Nation; 
(B) provide leadership, personnel, training, 
equipment, other resources as necessary, and 
technical assistance to— 
(i) Federal, State and local govern-
ment agencies; 
(ii) Infrastructure Protection Regional 
Security Offices; and 
(iii) Area Security Committees, as re-
quested by the Federal Area Security Co-
ordinator; 
(C) coordinate with law enforcement agen-
cies, first responders, and chemical sources re-
garding the response to a potential or actual 
terrorist incident at a chemical source; 
(D) review and approve each Area Security 
Plan submitted under subsection (d); and 
(E) coordinate with the Office of State and 
Local Government Coordination and Prepared-
ness of the Department, to ensure some home-
land security grants administered by the De-
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partment support the plans required under this 
section. 
(c) INFRASTRUCTURE PROTECTION REGIONAL SECU-
RITY OFFICES.— 
(1) IN
GENERAL.—Not later than 6 months 
after the date of enactment of this Act, the Sec-
retary shall establish in each Federal Emergency 
Management Agency Region an Infrastructure Pro-
tection Regional Security Office, for purposes of car-
rying out this Act and coordinating regional secu-
rity, as described in this section. 
(2) MEMBERSHIP
AND
DUTIES.—Each Infra-
structure Protection Regional Security Office shall— 
(A) consist of— 
(i) the personnel of the Infrastructure 
Protection Office of the Department within 
the region; and 
(ii) a regional security advisory staff, 
to be appointed by the Secretary; 
(B) review and approve each Area Security 
Plan for the region to ensure coordination be-
tween regions and States; 
(C) oversee implementation of this Act to 
ensure consistent implementation within the re-
gion, in conjunction with the strategic mission 
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and policies of, and guidance from, the Depart-
ment; and 
(D) perform other functions as assigned by 
the Secretary necessary to implement the re-
quirements of this Act or help protect other 
critical infrastructure. 
(d) AREA SECURITY COMMITTEES AND PLANS.— 
(1) DESIGNATION
OF
AREAS
AND
FEDERAL 
AREA SECURITY COORDINATORS.— 
(A) DEADLINE.—Not later than 6 months 
after the date of enactment of this Act, the Sec-
retary shall designate geographic areas for the 
Area Committees established under paragraph 
(2). 
(B) 
REQUIREMENTS.—In 
designating 
areas under subparagraph (A), the Secretary 
shall ensure that— 
(i) except as provided in subparagraph 
(C), all parts of the United States are in-
cluded in an area; and 
(ii) no area is larger than a single 
State, although an area may incorporate 
portions of more than 1 State, based on 
the organization and number of chemical 
sources in a geographic area. 
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(C) EXCLUSION.—Any area designated 
under section 70103(a)(2)(G) of title 46, 
United States Code, shall not be included in 
any area designated under this Act. 
(2) ESTABLISHMENT AND DESIGNATION.— 
(A) COMMITTEES.—There is established 
for each area designated by the Secretary under 
paragraph (1) an Area Security Committee, 
comprised of members appointed by the Sec-
retary, in consultation with State and local gov-
ernment officials, from qualified and effected 
security and response personnel of Federal, 
State, and local government agencies, chemical 
sources, local emergency planning and response 
entities, other critical infrastructure sectors, 
and other appropriate organizations. 
(B) COORDINATOR.—For each area des-
ignated by the Secretary under paragraph (1), 
the Secretary shall designate a Federal Area 
Security Coordinator with knowledge of and ex-
perience in the activities required under this 
subsection. 
(3) DUTIES.— 
(A) COMMITTEES.—Each Area Security 
Committee, under the direction of the Federal 
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Area Security Coordinator for the area assigned 
to such Area Security Committee, shall— 
(i) meet not less frequently than twice 
per year; 
(ii) prepare the Area Security Plan 
described in paragraph (4) for that area 
and submit the Area Security Plan to the 
Secretary for approval; and 
(iii) coordinate with Federal, State, 
and local government officials and chemical 
sources to enhance the security and re-
sponse planning of those officials and to 
assure effective preplanning of joint secu-
rity and response efforts, including exer-
cises, drills, evacuations, sheltering, and 
rescue. 
(B) COORDINATOR.—Each Federal Area 
Security Coordinator shall, for the area as-
signed to such official— 
(i) conduct audits and inspections of 
chemical sources under this Act; 
(ii) provide appropriate guidance and 
support to chemical sources; and 
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(iii) perform such other duties as are 
required by the Area Security Committee 
or the Secretary. 
(4) AREA SECURITY PLANS.— 
(A) IN GENERAL.—Not later than 2 years 
after the date of enactment of this Act, each 
Area Security Committee shall prepare and sub-
mit to the Secretary for approval an Area Secu-
rity Plan for the area assigned to such Area Se-
curity Committee. 
(B) PLAN REQUIREMENTS.—The Area Se-
curity Plan shall— 
(i) coordinate the resources of the 
area assigned to the Area Security Com-
mittee to deter a potential or actual ter-
rorist incident at a chemical source in that 
area, or to respond to a terrorist incident 
at a chemical source in that area; 
(ii) coordinate with the National In-
frastructure Protection Plan, the National 
Response Plan, the site security plan of 
any chemical source located in the area as-
signed to the Area Security Committee, 
other appropriate national security and re-
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sponse plans, and the Area Security Plans 
for contiguous areas; 
(iii) reflect security and response post- 
incident investigative reports, as deter-
mined by the Secretary; 
(iv) describe in detail the responsibil-
ities of an owner or operator of a chemical 
source (based upon the approved site secu-
rity plan for the chemical source) and of 
Federal, State, and local government agen-
cies in responding to potential or actual 
terrorist incident at a chemical source op-
erating in the area assigned to the Area 
Security Committee; 
(v) describe the area covered by the 
plan, list the assets and resources available 
to respond to a terrorist incident, and in-
clude any other information the Secretary 
requires; 
(vi) be updated periodically by the 
Area Security Committee; and 
(vii) provide for coordination with the 
appropriate Federal, State and local gov-
ernment agencies or members of local enti-
ties that plan for emergency releases from 
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chemical sources regarding how local popu-
lations that may be affected by a release 
are provided with information, including 
evacuation planning, sheltering in place, 
and areas of refuge. 
(5) REVIEW.—Not later than 24 months after 
the date of enactment of this Act, the Secretary 
shall— 
(A) review each Area Security Plan devel-
oped under paragraph (4); 
(B) require amendments to any plan that 
does not meet the requirements of this section; 
and 
(C) approve each plan that meets the re-
quirements of this section. 
(e) AREA EXERCISES AND DRILLS.— 
(1) IN GENERAL.—The Secretary shall periodi-
cally conduct drills and exercises, some without prior 
notice, including full functional and communications 
exercises of security and response capability in each 
area for which an Area Security Plan is required 
under this section and under the site security plan 
and emergency response plans of relevant chemical 
sources. 
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(2) SCOPE OF PARTICIPATION.—The drills and 
exercises conducted under paragraph (1) may in-
clude participation by— 
(A) Federal, State, and local government 
agencies, including law enforcement and first 
responders; 
(B) the owner and operator of any chem-
ical source in the area; 
(C) members of local entities that plan for 
emergency releases; 
(D) representatives of other critical infra-
structure; and 
(E) other participants as determined ap-
propriate by the Secretary or the designee of 
the Secretary. 
(3) REPORTS.—The Secretary shall publish an-
nual reports on drills under this subsection, includ-
ing assessments of the effectiveness of the plans de-
scribed in paragraph (1), lessons learned, and a list 
of any amendments made to improve any plan de-
scribed in paragraph (1). The annual reports shall 
not include protected information. 
SEC. 7. HEIGHTENED SECURITY MEASURES. 
(a) IN GENERAL.—If the Secretary determines that 
additional security measures are necessary to respond to 
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a threat assessment or to a specific threat against the 
chemical sector, the Secretary may issue an order to the 
owner or operator of a chemical source setting forth man-
datory security measures. Only the Secretary or the des-
ignee of the Secretary may issue an order under this sec-
tion. 
(b) PERIOD OF ORDER.— 
(1) IN GENERAL.—Any order issued by the Sec-
retary under subsection (a) shall be effective upon 
issuance and shall remain in effect for a period of 
not more than 90 days, unless the Secretary files an 
action in an appropriate United States district court 
before the expiration of that 90-day period. 
(2) EFFECT OF FILING.—If the Secretary files 
an action described in paragraph (1), an order 
issued by the Secretary under subsection (a) shall 
remain in effect for 14 days in addition to the 90- 
day period under paragraph (1), or for such shorter 
or longer period as may be authorized by the court 
in which such action is filed. 
SEC. 8. PENALTIES. 
(a) ADMINISTRATIVE PENALTIES.— 
(1) PENALTIES.—The Secretary may impose an 
administrative penalty of not more than $25,000 per 
day, and not more than a maximum of $1,000,000 
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per year, for failure to comply with an order or di-
rective issued by the Secretary under this Act. 
(2) NOTICE AND HEARING.—Before imposing a 
penalty under paragraph (1), the Secretary shall 
provide to the person against which the penalty is to 
be assessed— 
(A) a written notice of the proposed pen-
alty; and 
(B) not later than 30 days after the date 
on which the person receives the notice, the op-
portunity to request a hearing on the proposed 
penalty. 
(3) PROCEDURES.—The Secretary shall promul-
gate regulations establishing procedures for adminis-
trative hearings and appropriate review, including 
necessary deadlines. 
(b) CIVIL PENALTIES.— 
(1) IN GENERAL.—The Secretary may bring an 
action in a United States district court against any 
owner or operator of a chemical source that violates 
or fails to comply with any order or directive issued 
by the Secretary under this Act or a site security 
plan approved by the Secretary under this Act. 
(2) RELIEF.—In any action under paragraph 
(1), a court may issue an order for injunctive relief 
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and may award a civil penalty of not more than 
$50,000 for each day on which a violation occurs or 
a failure to comply continues. 
(c) CRIMINAL PENALTIES.—An owner or operator of 
a chemical source who knowingly violates any order issued 
by the Secretary under this Act or knowingly fails to com-
ply with a site security plan approved by the Secretary 
under this Act shall be fined not more than $50,000 for 
each day of such violation, imprisoned not more than 2 
years, or both. 
SEC. 9. PROTECTION OF INFORMATION. 
(a) DISCLOSURE EXEMPTIONS.— 
(1) RECORDS OF THE DEPARTMENT.— 
(A) IN GENERAL.—Except as provided in 
subsection (b), the Department shall not be re-
quired under section 552 of title 5, United 
States Code, to make available to the public a 
record described in subparagraph (B). 
(B) RECORDS NOT DISCLOSED.—A record 
described in this subparagraph is— 
(i) a vulnerability assessment, site se-
curity plan, or a security addendum to an 
emergency response plan obtained by the 
Department under section 4; 
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(ii) an area security plan required 
under section 6(d)(4); 
(iii) materials developed or produced 
by a chemical source exclusively in prepa-
ration of documents referred to in clause 
(i) and obtained by the Department under 
section 4; or 
(iv) any record developed exclusively 
for the purposes of this Act by the Depart-
ment, or produced exclusively for the pur-
poses of this Act by a chemical source and 
obtained by the Department under section 
4, to the extent that the record contains 
information that— 
(I) describes a specific chemical 
source or the specific vulnerabilities of 
a chemical source; 
(II) was taken from a record de-
scribed in clause (i) or (ii) or from a 
copy of such record in possession of 
the chemical source; and 
(III) would, if disclosed, be detri-
mental to the security of a chemical 
source. 
(2) RECORDS OF OTHER AGENCIES.— 
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(A) IN GENERAL.—A Federal agency other 
than the Department shall not be required 
under section 552 of title 5, United States 
Code, to make available to the public a record 
described in subparagraph (C). 
(B) REFERRAL OF REQUESTS.—If a Fed-
eral agency other than the Department receives 
a request under section 552 of title 5, United 
States Code, for a record described in clause (i) 
or clause (ii)(I) of subparagraph (C), the agen-
cy, without consideration by the agency of 
whether subparagraph (C)(ii)(II) is satisfied— 
(i) shall not disclose the record; and 
(ii) shall refer the request to the De-
partment for processing and response. 
(C) RECORDS NOT DISCLOSED.—A record 
described in this subparagraph is any record— 
(i) described in paragraph (1)(B) that 
was shared by the Department with the 
agency under this section; and 
(ii) produced exclusively for the pur-
poses of this Act by the agency, to the ex-
tent that the record contains information 
that— 
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(I) describes a specific chemical 
source or the specific vulnerabilities of 
a chemical source; 
(II) was taken from a record de-
scribed in clause (i); and 
(III) would, if disclosed, be detri-
mental to the security of a chemical 
source. 
(3) RECORDS
OF
STATE
OR
LOCAL
GOVERN-
MENT AGENCIES.— 
(A) IN GENERAL.—A State or local gov-
ernment agency shall not be required under any 
State or local law providing for public access to 
information to make available to the public a 
record described in subparagraph (B). 
(B) RECORDS NOT DISCLOSED.—A record 
described in this subparagraph is any record— 
(i) described in paragraph (1)(B) that 
was shared by the Department with the 
State or local government agency under 
section 6; and 
(ii) produced exclusively for the pur-
poses of this Act by the State or local gov-
ernment agency, to the extent that the 
record contains information that— 
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