thority and in the interests of national security, the 
Secretary shall provide State and local government 
officials and an owner or operator of a chemical 
source with threat information that is relevant to the 
chemical source in particular or to the chemical sec-
tor in general. 
(5) CONTENTS
OF
VULNERABILITY
ASSESS-
MENT.—A vulnerability assessment shall— 
(A) be based on a rigorous methodology 
developed or endorsed by the Secretary; 
(B) incorporate any threat information 
provided under paragraph (4); 
(C) address the appropriate security per-
formance standards established by Secretary 
under section 3(f); and 
(D) include an analysis of— 
(i) physical security; 
(ii) communication systems; 
(iii) electronic, computer, or other 
automated systems which are utilized by 
the chemical source; 
(iv) the sufficiency of security meas-
ures relative to the threats and con-
sequences of a terrorist incident, including 
vulnerabilities at the chemical source aris-
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ing from the nature and quantities of sub-
stances of concern and the use, storage, or 
handling of substances of concern; and 
(v) other areas, as determined by the 
Secretary. 
(6) CONTENTS
OF
SITE
SECURITY
PLAN.—A 
site security plan shall— 
(A) indicate the tier applicable to the 
chemical source, as determined by the Secretary 
under section 3(e)(2); 
(B) address the risks identified in the vul-
nerability assessment; 
(C) address the appropriate security per-
formance standards established by Secretary 
under section 3(f); 
(D) include security measures appropriate 
to the tier level of the chemical source that ad-
dress the risks identified in the vulnerability as-
sessment and are sufficient to deter, to the 
maximum extent practicable, a terrorist inci-
dent or a substantial threat of such an incident; 
(E) include security measures to mitigate 
the consequences of a terrorist incident; 
(F) describe, at a minimum, particular 
plans, processes, or procedures that could be 
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used by or at the chemical source in the event 
of a terrorist incident; 
(G) identify the roles and responsibilities 
of employees at the chemical source; 
(H) identify steps taken by the chemical 
source to coordinate security measures and 
plans for response to a terrorist incident with 
Federal, State, and local government officials, 
including law enforcement and first responders 
and specify the security officer who will be the 
point of contact for the National Incident Man-
agement System and Federal, State, and local 
law enforcement and first responders; and 
(I) describe the training, drills (including 
periodic unannounced drills), exercises, and se-
curity actions of persons at the chemical source, 
to be carried out under the plan to deter, to the 
maximum extent practicable, a terrorist inci-
dent or a substantial threat of such an incident. 
(7) CONTENTS
OF
EMERGENCY
RESPONSE 
PLAN.— 
(A) IN GENERAL.—An emergency response 
plan shall— 
(i) 
specifically 
address 
the 
con-
sequences of a terrorist incident identified 
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in the vulnerability assessment prepared 
under paragraph (4); 
(ii) be consistent with the site security 
plan prepared under paragraph (6); and 
(iii) identify the roles and responsibil-
ities of employees at the chemical source. 
(B) RELATIONSHIP
TO
THE
NATIONAL 
CONTINGENCY PLAN.— 
(i) IN GENERAL.—Except as provided 
in clause (ii), an emergency response plan 
shall be a Federally approved or certified 
emergency response plan in effect on the 
date of enactment of this Act that is— 
(I) consistent with guidance pro-
vided by the National Response Team 
established under the National Con-
tingency Plan created under section 
105 of the Comprehensive Environ-
mental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 
9605); and 
(II) modified to satisfy the re-
quirements of subparagraph (A). 
(ii) NO EXISTING PLAN.—The owner 
or operator of a chemical source that does 
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not have a Federally approved or certified 
emergency response plan in effect on the 
date of enactment of this Act shall follow 
the guidance provided by the National Re-
sponse Team established under the Na-
tional Contingency Plan created under sec-
tion 105 of the Comprehensive Environ-
mental Response, Compensation, and Li-
ability Act of 1980 (42 U.S.C. 9605) in 
developing an emergency response plan to 
meet the specific considerations of that 
chemical source. 
(C) PROTECTION OF SECURITY INFORMA-
TION.—If, in order meet the requirements of 
this paragraph, the owner or operator of a 
chemical source is required to include in an 
emergency response plan information, the re-
lease of which would be detrimental to the secu-
rity of the source, that information shall be sep-
arated in a security addendum to the emer-
gency response plan. 
(8) GUIDANCE
TO
CHEMICAL
SOURCES.—Not 
later than 1 year after the date of enactment of this 
Act, the Secretary shall publish guidance to assist 
owners and operators of chemical sources in com-
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plying with this Act, including advice on aspects of 
compliance with this Act that may be unique to 
small business concerns. 
(b) CERTIFICATION AND SUBMISSION.— 
(1) IN
GENERAL.—Not later than 6 months 
after the date of the promulgation of regulations 
under subsection (a)(1), each owner or operator of 
a chemical source shall certify in writing to the Sec-
retary that the owner or operator has completed a 
vulnerability assessment and has developed and im-
plemented, or is implementing, a site security plan 
and an emergency response plan in accordance with 
this Act. 
(2) SUBMISSION.—Not later than 6 months 
after the date of the promulgation of regulations 
under subsection (a)(1), an owner or operator of a 
chemical source shall submit to the Secretary copies 
of the vulnerability assessment, site security plan, 
and emergency response plan of the chemical source 
for review. 
(3) FAILURE TO COMPLY.—If an owner or oper-
ator of a chemical source fails to certify or submit 
a vulnerability assessment, site security plan, or 
emergency response plan in accordance with para-
graph (2), the Secretary may issue an order requir-
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ing the certification and submission of a vulner-
ability assessment, site security plan, or emergency 
response plan in accordance with this section. 
(c) REVIEW BY THE SECRETARY.— 
(1) IN GENERAL.—The Secretary shall review 
the vulnerability assessment, site security plan, and 
emergency response plan submitted by the owner or 
operator of a chemical source under subsection 
(b)(2) to determine whether the assessment and 
plans and the implementation of such plans comply 
with this section. 
(2) DISAPPROVAL.—The Secretary shall dis-
approve a vulnerability assessment, site security 
plan, or emergency response plan submitted under 
subsection (b)(2) if the Secretary determines that 
the vulnerability assessment, site security plan, 
emergency response plan, or the implementation of 
such plans does not comply with this section. 
(3) COMPLIANCE.— 
(A) IN
GENERAL.—If the Secretary dis-
approves a vulnerability assessment, site secu-
rity plan, or emergency response plan of a 
chemical source under paragraph (2), the Sec-
retary— 
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(i) shall provide the owner or operator 
of the chemical source a written notifica-
tion of the determination that includes a 
clear explanation of deficiencies in the vul-
nerability assessment, site security plan, 
emergency response plan, or implementa-
tion of the site security plan; 
(ii) shall consult with the owner or op-
erator of the chemical source to identify 
appropriate steps to achieve compliance; 
(iii) if, following consultation under 
clause (ii), the owner or operator of the 
chemical source does not achieve compli-
ance by such date as the Secretary deter-
mines to be appropriate under the cir-
cumstances, shall issue an order requiring 
the owner or operator to correct specified 
deficiencies; and 
(iv) if the owner or operator continues 
to be in noncompliance, may issue an order 
for the chemical source to cease operation. 
(B) 
COMPLIANCE
FOR
HIGHER
RISK 
TIERS.— 
(i) IN GENERAL.—Not later than 1 
year after the later of the date of the pro-
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mulgation of regulations under subsection 
(a)(1) and the date of the promulgation of 
regulations under section 3(e), the Sec-
retary shall— 
(I) determine whether to approve, 
disapprove, or modify the vulnerability 
assessment, site security plan, and 
emergency response plan submitted 
under subsection (b)(2) by a chemical 
source in a higher risk tier; and 
(II) determine whether a chem-
ical source in a higher risk tier is op-
erating in compliance with the site se-
curity plan and emergency response 
plan submitted by the chemical source 
under subsection (b)(2). 
(ii) ENFORCEMENT.—The Secretary 
may issue an order to a chemical source in 
a higher risk tier to cease operation if the 
Secretary— 
(I) disapproves the vulnerability 
assessment, site security plan, or 
emergency response plan submitted 
under subsection (b)(2) by a chemical 
source in a higher risk tier; or 
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(II) determines that a chemical 
source in a higher risk tier is not op-
erating in compliance with the site se-
curity plan or emergency response 
plan submitted by the chemical source 
under subsection (b)(2). 
(C) COMPLIANCE FOR OTHER TIERS.—Not 
later than 5 years after the date of the submis-
sion of the vulnerability assessment, site secu-
rity plan, and emergency response plan by a 
chemical source that is not in a higher risk tier 
under subsection (b)(2), the Secretary shall 
complete the review of the assessment and 
plans and make a determination regarding com-
pliance with this section. 
(D) SUBSEQUENT
REVIEW.—The Sec-
retary may conduct subsequent reviews and de-
terminations of compliance under this Act for a 
chemical source on a schedule as determined to 
be appropriate by the Secretary, with priority 
given to chemical sources in a higher risk tier. 
(d) 
SUBMISSION
AND
CERTIFICATION
OF 
CHANGES.— 
(1) IN GENERAL.—Not later than 60 days after 
the date on which a change is made to a chemical 
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source that affects the security of the chemical 
source, the owner or operator of the chemical source 
shall— 
(A) notify the Secretary in writing; 
(B) provide a description of the change at 
the chemical source; and 
(C) either— 
(i) request a waiver from resubmitting 
the vulnerability assessment, security plan, 
and emergency response plan; or 
(ii) review and resubmit the vulner-
ability assessment, site security plan, and 
emergency response plan, with the appro-
priate modifications. 
(2) NOTICE AND REQUEST.—If the Secretary 
determines that additional modification of a vulner-
ability assessment, site security plan, or emergency 
response plan is required, the Secretary shall— 
(A) provide a written notice to the chem-
ical source owner or operator, requiring modi-
fications addressing any matters specified in 
the notice; and 
(B) provide the owner or operator of the 
chemical source not less than 60 days after the 
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date of the notice under subparagraph (A) to 
submit proposed modifications. 
(3) TEMPORARY SECURITY MEASURES.—During 
the period before the Secretary approves a modified 
vulnerability assessment, site security plan, or emer-
gency response plan or issues a waiver, an owner or 
operator of a chemical source shall ensure temporary 
security measures are implemented. 
(e) MTSA-REGULATED FACILITIES.— 
(1) IN GENERAL.—Except as provided in para-
graph (4), a chemical source that is also a MTSA- 
regulated facility shall comply with this Act. 
(2) COMPLIANCE.— 
(A) IN GENERAL.—A chemical source that 
is also a MTSA-regulated facility shall review 
its facility security assessment, facility security 
plan, and emergency response plan and make 
any modifications necessary to comply with the 
security performance standards established for 
the tier applicable to the chemical source under 
section 3(f) and the requirements of subsection 
(a)(1). 
(B) SUBMISSION.—Not later than 180 
days after the date on which the Secretary pro-
mulgates regulations under subsection (a)(1), 
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the owner or operator of a chemical source that 
is also a MTSA-regulated facility shall— 
(i) submit the facility security assess-
ment, facility security plan, and emergency 
response plan, with any appropriate modi-
fications under subparagraph (A), for the 
chemical source to the Federal Maritime 
Security Coordinator for the area in which 
the chemical source is located and the Sec-
retary for approval; and 
(ii) certify in writing to the Federal 
Maritime Security Coordinator for the area 
in which the facility is located and the Sec-
retary that— 
(I) the facility security assess-
ment and facility security plan for the 
facility are in compliance with the se-
curity performance standards for the 
tier applicable to the chemical source 
under section 3(f) and the require-
ments under subsection (a)(1); and 
(II) the owner or operator has 
submitted an approved or certified 
emergency response plan required 
under chapter 701 of title 46, United 
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