[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 994 Reported in Senate (RS)]






                                                       Calendar No. 509
108th CONGRESS
  2d Session
                                 S. 994

                          [Report No. 108-261]

    To protect human health and the environment from the release of 
               hazardous substances by acts of terrorism.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 5, 2003

Mr. Inhofe (for himself and Mr. Miller) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

                              May 11, 2004

               Reported by Mr. Inhofe, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
    To protect human health and the environment from the release of 
               hazardous substances by acts of terrorism.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Chemical Facilities 
Security Act of 2003''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds that--</DELETED>
        <DELETED>    (1) industries that manufacture, distribute, and 
        process chemicals are crucial components of the national 
        economy and the critical infrastructure of the United States--
        </DELETED>
                <DELETED>    (A) in their own right; and</DELETED>
                <DELETED>    (B) because those industries supply 
                resources essential to the functioning of other 
                critical infrastructure;</DELETED>
        <DELETED>    (2) a terrorist attack on a facility that 
        manufactures, processes, or uses potentially dangerous 
        chemicals, or a theft of those chemicals from such a facility 
        for use in a terrorist attack, could pose a serious threat to--
        </DELETED>
                <DELETED>    (A) public health, safety, and 
                welfare;</DELETED>
                <DELETED>    (B) critical infrastructure; and</DELETED>
                <DELETED>    (C) national security;</DELETED>
        <DELETED>    (3) to protect public health, safety, and welfare, 
        critical infrastructure, and national security, every 
        reasonable effort should be made to ensure the security of 
        sources of potentially dangerous chemicals against acts of 
        terrorism; and</DELETED>
        <DELETED>    (4) while programs to protect the health and 
        safety of workers, the public, and the environment by reducing 
        the potential for accidental releases of potentially dangerous 
        chemicals, including the consequences of worst-case releases of 
        those chemicals, are in place as required by numerous Federal 
        and State laws, the events of September 11, 2001, demonstrate 
        the need to ensure that appropriate security measures are taken 
        to address the threat of acts of terrorism against facilities 
        that manufacture, use, or process potentially dangerous 
        chemicals.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Chemical source.--The term ``chemical source'' 
        means a non-Federal stationary source (as defined in section 
        112(r)(2) of the Clean Air Act (42 U.S.C. 7412(r)(2))) for 
        which--</DELETED>
                <DELETED>    (A) the owner or operator is required to 
                complete a risk management plan in accordance with 
                section 112(r)(7)(B)(ii) of the Clean Air Act (42 
                U.S.C. 7412(r)(7)(B)(ii)); and</DELETED>
                <DELETED>    (B) the Secretary is required to 
                promulgate implementing regulations under section 4(a) 
                of this Act.</DELETED>
        <DELETED>    (2) Department.--The term ``Department'' means the 
        Department of Homeland Security.</DELETED>
        <DELETED>    (3) Environment.--The term ``environment'' has the 
        meaning given the term in section 101 of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9601).</DELETED>
        <DELETED>    (4) Owner or operator.--The term ``owner or 
        operator'' has the meaning given the term in section 112(a) of 
        the Clean Air Act (42 U.S.C. 7412(a)).</DELETED>
        <DELETED>    (5) Release.--The term ``release'' has the meaning 
        given the term in section 101 of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9601).</DELETED>
        <DELETED>    (6) Secretary.--The term ``Secretary'' means the 
        Secretary of Homeland Security.</DELETED>
        <DELETED>    (7) Security measure.--</DELETED>
                <DELETED>    (A) In general.--The term ``security 
                measure'' means an action carried out to ensure or 
                enhance the security of a chemical source.</DELETED>
                <DELETED>    (B) Inclusions.--The term ``security 
                measure'', with respect to a chemical source, includes 
                measures such as--</DELETED>
                        <DELETED>    (i) an employee training and 
                        background check;</DELETED>
                        <DELETED>    (ii) the limitation and prevention 
                        of access to controls of the chemical 
                        source;</DELETED>
                        <DELETED>    (iii) the protection of the 
                        perimeter of the chemical source;</DELETED>
                        <DELETED>    (iv) the installation and 
                        operation of intrusion detection 
                        sensors;</DELETED>
                        <DELETED>    (v) the implementation of measures 
                        to increase computer or computer network 
                        security;</DELETED>
                        <DELETED>    (vi) the implementation of other 
                        security-related measures to protect against or 
                        reduce the threat of--</DELETED>
                                <DELETED>    (I) a terrorist attack on 
                                the chemical source; or</DELETED>
                                <DELETED>    (II) the theft of a 
                                substance of concern for offsite 
                                release in furtherance of an act of 
                                terrorism; and</DELETED>
                        <DELETED>    (vii) conduct of any similar 
                        security-related activity, as determined by the 
                        Secretary.</DELETED>
        <DELETED>    (8) Substance of concern.--The term ``substance of 
        concern'' means--</DELETED>
                <DELETED>    (A) a chemical substance present at a 
                chemical source in quantities equal to or exceeding the 
                threshold quantities for the chemical substance, as 
                defined in or established under paragraphs (3) and (5) 
                of section 112(r) of the Clean Air Act (42 U.S.C. 
                7412(r)); and</DELETED>
                <DELETED>    (B) such other chemical substance as the 
                Secretary may designate under section 4(g).</DELETED>
        <DELETED>    (9) Terrorism.--The term ``terrorism'' has the 
        meaning given the term in section 2 of the Homeland Security 
        Act of 2002 (6 U.S.C. 101).</DELETED>
        <DELETED>    (10) Terrorist release.--The term ``terrorist 
        release'' means--</DELETED>
                <DELETED>    (A) a release from a chemical source into 
                the environment of a substance of concern that is 
                caused by an act of terrorism; and</DELETED>
                <DELETED>    (B) the theft of a substance of concern by 
                a person for off-site release in furtherance of an act 
                of terrorism.</DELETED>

<DELETED>SEC. 4. VULNERABILITY ASSESSMENTS AND SITE SECURITY 
              PLANS.</DELETED>

<DELETED>    (a) Requirement.--</DELETED>
        <DELETED>    (1) In general.--Not later than 1 year after the 
        date of enactment of this Act, the Secretary shall promulgate 
        regulations that require the owner or operator of each chemical 
        source included on the list described in subsection (f)(1)--
        </DELETED>
                <DELETED>    (A) to conduct an assessment of the 
                vulnerability of the chemical source to a terrorist 
                release, including identifying hazards that may result 
                from a terrorist release;</DELETED>
                <DELETED>    (B) to prepare and implement a site 
                security plan that addresses the results of the 
                vulnerability assessment; and</DELETED>
                <DELETED>    (C) to provide to the Department, on 
                request, copies of the vulnerability assessment and 
                site security plan for review.</DELETED>
        <DELETED>    (2) Deadlines.--</DELETED>
                <DELETED>    (A) In general.--The Secretary shall 
                specify in regulations promulgated under paragraph (1) 
                specific deadlines for the completion and certification 
                of vulnerability assessments and site security plans 
                under subsection (b).</DELETED>
                <DELETED>    (B) Alternative deadlines.--The Secretary 
                may establish deadlines other than deadlines described 
                in subparagraph (A) for different categories of 
                chemical sources based on the regulatory criteria 
                specified in subsection (e).</DELETED>
        <DELETED>    (3) Contents of site security plan.--A site 
        security plan required under the regulations promulgated under 
        paragraph (1)--</DELETED>
                <DELETED>    (A)(i) shall include security measures to 
                reduce the vulnerability of the chemical source covered 
                by the plan to a terrorist release; and</DELETED>
                <DELETED>    (ii) may include other actions and 
                procedures appropriate to reduce the vulnerability of 
                the chemical source to a terrorist release; 
                and</DELETED>
                <DELETED>    (B) shall describe, at a minimum, 
                particular equipment, plans, and procedures that could 
                be implemented or used by or at the chemical source in 
                the event of a terrorist release.</DELETED>
        <DELETED>    (4) Threat information.--To the maximum extent 
        practicable under applicable authority and in the interests of 
        national security, the Secretary shall provide to an owner or 
        operator of a chemical source required to prepare a 
        vulnerability assessment and site security plan threat 
        information that is relevant to the chemical source.</DELETED>
<DELETED>    (b) Certification and Submission.--</DELETED>
        <DELETED>    (1) In general.--Each owner or operator of a 
        chemical source shall certify in writing to the Secretary that 
        the owner or operator has completed a vulnerability assessment, 
        and has developed and implemented or is implementing a site 
        security plan, in accordance with this Act, including--
        </DELETED>
                <DELETED>    (A) regulations promulgated under 
                subsection (a)(1); and</DELETED>
                <DELETED>    (B) any applicable procedures, protocols, 
                or standards endorsed or recognized by the Secretary 
                under subsection (c)(2).</DELETED>
        <DELETED>    (2) Copies.--An owner or operator of a chemical 
        source shall provide to the Secretary, upon request, copies of 
        the vulnerability assessment and site security plan of the 
        chemical source for review.</DELETED>
        <DELETED>    (3) Oversight.--The Secretary shall, at such times 
        and places as the Secretary determines to be appropriate, 
        conduct or require the conduct of vulnerability assessments and 
        other activities (including third-party audits) to ensure and 
        evaluate compliance with--</DELETED>
                <DELETED>    (A) this Act (including regulations 
                promulgated under subsection (a)(1)); and</DELETED>
                <DELETED>    (B) other applicable procedures, 
                protocols, or standards endorsed or recognized by the 
                Secretary under subsection (c)(2).</DELETED>
<DELETED>    (c) Specified Standards.--</DELETED>
        <DELETED>    (1) In general.--The Secretary may--</DELETED>
                <DELETED>    (A) promulgate regulations establishing 
                procedures, protocols, and standards for vulnerability 
                assessments and site security plans; and</DELETED>
                <DELETED>    (B) establish provisions identifying 
                security measures that, if implemented, would establish 
                the sufficiency of a vulnerability assessment or site 
                security plan.</DELETED>
        <DELETED>    (2) Existing procedures, protocols, and 
        standards.--Upon petition by any person of the Secretary, and 
        after receipt by that person of a written response from the 
        Secretary, any procedures, protocols, and standards established 
        by the Secretary under regulations promulgated under paragraph 
        (1)(A) may--</DELETED>
                <DELETED>    (A) endorse or recognize procedures, 
                protocols, and standards--</DELETED>
                        <DELETED>    (i) that are established by--
                        </DELETED>
                                <DELETED>    (I) industry;</DELETED>
                                <DELETED>    (II) Federal, State, or 
                                local authorities; or</DELETED>
                                <DELETED>    (III) other applicable 
                                law; and</DELETED>
                        <DELETED>    (ii) the requirements of which the 
                        Secretary determines to be--</DELETED>
                                <DELETED>    (I) substantially 
                                equivalent to the requirements under 
                                subsection (a); and</DELETED>
                                <DELETED>    (II) in effect on or after 
                                the date of enactment of this Act; 
                                and</DELETED>
                <DELETED>    (B) require that a vulnerability 
                assessment and site security plan address a particular 
                threat or type of threat.</DELETED>
        <DELETED>    (3) No action by secretary.--If the Secretary does 
        not endorse or recognize existing procedures, protocols, and 
        standards described in paragraph (2)(A), the Secretary shall 
        provide to each person that submitted a petition under 
        paragraph (2) a written notification that includes a clear 
        explanation of the reasons why the endorsement or recognition 
        was not made.</DELETED>
<DELETED>    (d) Preparation of Assessments and Plans.--As of the date 
of endorsement or recognition by the Secretary of a particular 
procedure, protocol, or standard under subsection (c)(1)(A), 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 paragraphs (1) and 
(3) of subsection (a) (including such a vulnerability assessment or 
site security plan prepared before, on, or after the date of enactment 
of this Act).</DELETED>
<DELETED>    (e) Regulatory Criteria.--In exercising the authority 
under subsections (a) and (c) with respect to a chemical source, the 
Secretary shall consider--</DELETED>
        <DELETED>    (1) the likelihood that a chemical source will be 
        the target of terrorism;</DELETED>
        <DELETED>    (2) the nature and quantity of the substances of 
        concern present at a chemical source;</DELETED>
        <DELETED>    (3) the potential extent of death, injury, or 
        serious adverse effects to human health or the environment that 
        would result from a terrorist release;</DELETED>
        <DELETED>    (4) the potential harm to critical infrastructure 
        and national security from a terrorist release;</DELETED>
        <DELETED>    (5) cost and technical feasibility;</DELETED>
        <DELETED>    (6) scale of operations; and</DELETED>
        <DELETED>    (7) such other security-related factors as the 
        Secretary determines to be appropriate and necessary to protect 
        the public health and welfare, critical infrastructure, and 
        national security.</DELETED>
<DELETED>    (f) List of Chemical Sources.--</DELETED>
        <DELETED>    (1) In general.--Not later than 180 days after the 
        date of enactment of this Act, the Secretary develop a list of 
        chemical sources in existence as of that date.</DELETED>
        <DELETED>    (2) Considerations.--In developing the list under 
        paragraph (1), the Secretary shall consider the criteria 
        specified in subsection (e).</DELETED>
        <DELETED>    (3) 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)--</DELETED>
                <DELETED>    (A) determine whether facilities not 
                included in the most recent list under paragraph (1) 
                (including, as of the date of the determination, 
                facilities that are operational and facilities that 
                will become operational in the future) shall be 
                considered to be a chemical source under this 
                Act;</DELETED>
                <DELETED>    (B) determine whether any chemical source 
                identified on the most recent list under paragraph (1) 
                no longer presents a risk sufficient to justify 
                retention of classification as a chemical source under 
                this Act; and</DELETED>
                <DELETED>    (C) update the list as 
                appropriate.</DELETED>
        <DELETED>    (4) Regulations.--The Secretary may make a 
        determination under this subsection in regulations promulgated 
        under subsection (a)(1).</DELETED>
<DELETED>    (g) Designation, Exemption, and Adjustment of Threshold 
Quantities of Substances of Concern.--</DELETED>
        <DELETED>    (1) In general.--The Secretary may, by 
        regulation--</DELETED>
                <DELETED>    (A) designate certain chemical substances 
                in particular threshold quantities as substances of 
                concerns under this Act;</DELETED>
                <DELETED>    (B) exempt certain chemical substances 
                from designation as substances of concern under this 
                Act; and</DELETED>
                <DELETED>    (C) adjust the threshold quantity of a 
                chemical substance.</DELETED>
        <DELETED>    (2) Considerations.--In designating or exempting a 
        chemical substance or adjusting the threshold quantity of a 
        chemical substance under paragraph (1), the Secretary shall 
        consider the potential extent of death, injury, or serious 
        adverse effects to human health or the environment that would 
        result from a terrorist release of the chemical 
        substance.</DELETED>
        <DELETED>    (3) Regulations.--The Secretary may make a 
        designation, exemption, or adjustment under this paragraph (1) 
        in regulations promulgated under subsection (a)(1).</DELETED>
<DELETED>    (h) 5-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--</DELETED>
        <DELETED>    (1) review the adequacy of the vulnerability 
        assessment and site security plan; and</DELETED>
        <DELETED>    (2)(A) certify to the Secretary that the chemical 
        source has completed the review and implemented any 
        modifications to the site security plan; and</DELETED>
        <DELETED>    (B) upon request by the Secretary, submit to the 
        Secretary a description of any changes to the vulnerability 
        assessment or site security plan.</DELETED>
<DELETED>    (i) Protection of Information.--</DELETED>
        <DELETED>    (1) Disclosure exemption.--Except with respect to 
        certifications specified in subsections (b)(1)(A) and 
        (h)(2)(A), all information obtained in accordance with this 
        Act, and all information derived from that information 
        (including information shared with Federal, State, and local 
        governmental entities under paragraphs (2) and (3)), shall be 
        exempt from disclosure under--</DELETED>
                <DELETED>    (A) section 552 of title 5, United States 
                Code; or</DELETED>
                <DELETED>    (B) any State or local law providing for 
                public access to information.</DELETED>
        <DELETED>    (2) Development of Protocols.--</DELETED>
                <DELETED>    (A) In general.--The Secretary, in 
                consultation with the Director of the Office of 
                Management and Budget and appropriate Federal law 
                enforcement and intelligence officials, and in a manner 
                consistent with existing protections for sensitive or 
                classified information, shall, by regulation, establish 
                confidentiality protocols for maintenance and use of 
                information that is obtained from owners or operators 
                of chemical sources and provided to the Secretary under 
                this Act.</DELETED>
                <DELETED>    (B) Requirements for protocols.--A 
                protocol established under subparagraph (A) shall 
                ensure that--</DELETED>
                        <DELETED>    (i) each copy of a vulnerability 
                        assessment 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 7, is 
                        maintained in a secure location; and</DELETED>
                        <DELETED>    (ii) except as provided in 
                        paragraph (3)(B), or as necessary for judicial 
                        enforcement, access to the copies of the 
                        vulnerability assessments and site security 
                        plans submitted to the Secretary, and other 
                        information obtained under section 7, shall be 
                        limited to persons designated by the 
                        Secretary.</DELETED>
        <DELETED>    (3) Penalties for unauthorized disclosure.--
        </DELETED>
                <DELETED>    (A) In general.--Except as provided in 
                subparagraph (B), any individual referred to in 
                paragraph (2)(B)(ii) who acquires any information 
                described in paragraph (2)(A) (including any 
                reproduction of that information or any information 
                derived from that information), and who knowingly or 
                recklessly discloses the information, shall--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (ii) be removed from Federal 
                        office or employment.</DELETED>
                <DELETED>    (B) Exceptions.--</DELETED>
                        <DELETED>    (i) In general.--Subparagraph (A) 
                        shall not apply to a person described in that 
                        subparagraph that discloses information 
                        described in paragraph (2)(A)--</DELETED>
                                <DELETED>    (I) to an individual 
                                designated by the Secretary under 
                                paragraph (2)(B)(ii);</DELETED>
                                <DELETED>    (II) for the purpose of 
                                section 7; or</DELETED>
                                <DELETED>    (III) for use in any 
                                administrative or judicial proceeding 
                                to impose a penalty for failure to 
                                comply with a requirement of this 
                                Act.</DELETED>
                        <DELETED>    (ii) Law enforcement officials and 
                        first responders.--Notwithstanding 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 enforcement or other official (including a 
                        first responder) the contents of a 
                        vulnerability assessment or site security plan, 
                        or other information described in that 
                        paragraph, to the extent disclosure is 
                        necessary to carry out this Act.</DELETED>

<DELETED>SEC. 5. ENFORCEMENT.</DELETED>

<DELETED>    (a) Action by Secretary.--</DELETED>
        <DELETED>    (1) In general.--The Secretary, in accordance with 
        subsection (b), may--</DELETED>
                <DELETED>    (A) disapprove a vulnerability assessment 
                or site security plan submitted under this Act; 
                and</DELETED>
                <DELETED>    (B) order the owner or operator of the 
                chemical source that submitted the vulnerability 
                assessment or site security plan to revise, recertify, 
                and submit the assessment or plan to correct 
                deficiencies specified in the order.</DELETED>
        <DELETED>    (2) Failure to comply.--If an owner or operator of 
        a chemical source fails to certify or submit a vulnerability 
        assessment or site security plan in accordance with this Act, 
        the Secretary may issue an order requiring the certification 
        and submission of a vulnerability assessment or site security 
        plan in accordance with section 4(b).</DELETED>
<DELETED>    (b) Disapproval.--The Secretary may disapprove under 
subsection (a) a vulnerability assessment or site security plan 
submitted under section 4(b) if the Secretary determines that--
</DELETED>
        <DELETED>    (1) the vulnerability assessment or site security 
        plan does not comply with regulations promulgated under 
        subsections (a)(1) and (c) of section 4; or</DELETED>
        <DELETED>    (2) the site security plan, or the implementation 
        of the site security plan, is insufficient to address--
        </DELETED>
                <DELETED>    (A) the results of a vulnerability 
                assessment of a chemical source; or</DELETED>
                <DELETED>    (B) a threat of a terrorist 
                release.</DELETED>
<DELETED>    (c) Compliance.--If the Secretary disapproves a 
vulnerability assessment or site security plan of a chemical source 
under subsection (b), the Secretary shall--</DELETED>
        <DELETED>    (1) provide the owner or operator of the chemical 
        source a written notification of the determination that 
        includes a clear explanation of deficiencies in the 
        vulnerability assessment, site security plan, or implementation 
        of the assessment or plan;</DELETED>
        <DELETED>    (2) consult with the owner or operator of the 
        chemical source to identify appropriate steps to achieve 
        compliance; and</DELETED>
        <DELETED>    (3) if, following that consultation, the owner or 
        operator of the chemical source does not achieve compliance in 
        accordance by such date as the Secretary determines to be 
        appropriate under the circumstances, issue an order requiring 
        the owner or operator to correct specified 
        deficiencies.</DELETED>
<DELETED>    (d) Protection of Information.--Any determination of 
disapproval or order made or issued under this section shall be exempt 
from disclosure under--</DELETED>
        <DELETED>    (1) section 552 of title 5, United States Code; 
        and</DELETED>
        <DELETED>    (2) any State or local law providing for public 
        access to information.</DELETED>

<DELETED>SEC. 6. INTERAGENCY TECHNICAL SUPPORT AND 
              COOPERATION.</DELETED>

<DELETED>    The Secretary--</DELETED>
        <DELETED>    (1) may request other Federal agencies to provide 
        technical and analytical support (other than field work) in 
        implementing this Act; and</DELETED>
        <DELETED>    (2) may provide reimbursement for such technical 
        and analytical support received as the Secretary determines to 
        be appropriate.</DELETED>

<DELETED>SEC. 7. RECORDKEEPING; SITE INSPECTIONS; PRODUCTION OF 
              INFORMATION.</DELETED>

<DELETED>    (a) Recordkeeping.--The owner or operator of a chemical 
source that is required to prepare a vulnerability assessment or site 
security plan under section 4(a) shall maintain a current copy of those 
documents.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) any premises of an owner or operator of a 
        chemical source described in subsection (a); and</DELETED>
        <DELETED>    (2) any premises on which any record required to 
        be maintained under subsection (a) is located.</DELETED>
<DELETED>    (c) Requests for Records.--In carrying out this Act, the 
Secretary (or a designee) may require the submission of, or, on 
presentation of credentials, may at reasonable times seek access to and 
copy--</DELETED>
        <DELETED>    (1) any records, reports, or other information 
        described in subsection (a); and</DELETED>
        <DELETED>    (2) any other documentation necessary for--
        </DELETED>
                <DELETED>    (A) review or analysis of a vulnerability 
                assessment or site security plan; or</DELETED>
                <DELETED>    (B) implementation of a site security 
                plan.</DELETED>
<DELETED>    (d) Compliance.--If the Secretary determines that an owner 
or operator of a chemical source is not maintaining, 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.</DELETED>

<DELETED>SEC. 8. PENALTIES.</DELETED>

<DELETED>    (a) Judicial Relief.--Any owner or operator of a chemical 
source that violates or fails to comply with any order issued by the 
Secretary under this Act or a site security plan submitted to the 
Secretary under this Act (or, in the case of an exemption described in 
section 4(d), a procedure, protocol, or standard endorsed or recognized 
by the Secretary under section 4(c)) may, in a civil action brought in 
United States district court, be subject, for each day on which the 
violation occurs or the failure to comply continues, to--</DELETED>
        <DELETED>    (1) an order for injunctive relief; or</DELETED>
        <DELETED>    (2) a civil penalty of not more than 
        $50,000.</DELETED>
<DELETED>    (b) Administrative Penalties.--</DELETED>
        <DELETED>    (1) Penalty orders.--The Secretary may issue an 
        administrative penalty of not more than $250,000 for failure to 
        comply with an order issued by the Secretary under this 
        Act.</DELETED>
        <DELETED>    (2) Notice and hearing.--Before issuing an order 
        described in paragraph (1), the Secretary shall provide to the 
        person against which the penalty is to be assessed--</DELETED>
                <DELETED>    (A) written notice of the proposed order; 
                and</DELETED>
                <DELETED>    (B) the opportunity to request, not later 
                than 30 days after the date on which the person 
                receives the notice, a hearing on the proposed 
                order.</DELETED>
        <DELETED>    (3) Procedures.--The Secretary may promulgate 
        regulations outlining the procedures for administrative 
        hearings and appropriate review, including necessary 
        deadlines.</DELETED>
<DELETED>    (c) Treatment of Information in Judicial Proceedings.--
Information submitted or obtained by the Secretary, information derived 
from that information, and information submitted by the Secretary under 
this Act shall be treated in any judicial or administrative action as 
if the information were classified material.</DELETED>

<DELETED>SEC. 9. PROVISION OF TRAINING.</DELETED>

<DELETED>    The Secretary may provide training to State and local 
officials and owners and operators in furtherance of the purposes of 
this Act.</DELETED>

<DELETED>SEC. 10. NO EFFECT ON REQUIREMENTS UNDER OTHER LAW.</DELETED>

<DELETED>    Except as provided in section 4(i), nothing in this Act 
affects any duty or other requirement imposed under any other Federal 
or State law.</DELETED>

SECTION. 1. SHORT TITLE.

    This Act may be cited as the ``Chemical Facilities Security Act of 
2004''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Alternative approaches.--The term ``alternative 
        approaches'' means ways of reducing the threat of a terrorist 
        release, as well as reducing the consequences of a terrorist 
        release from a chemical source, including approaches that--
                    (A) use smaller quantities of substances of 
                concern;
                    (B) replace a substance of concern with a less 
                hazardous substance; or
                    (C) use less hazardous processes.
            (2) Chemical source.--The term ``chemical source'' means a 
        non-Federal stationary source (as defined in section 112(r)(2) 
        of the Clean Air Act (42 U.S.C. 7412(r)(2))) for which--
                    (A) the owner or operator is required to complete a 
                risk management plan in accordance with section 
                112(r)(7)(B)(ii) of the Clean Air Act (42 U.S.C. 
                7412(r)(7)(B)(ii)); and
                    (B) the Secretary is required to promulgate 
                implementing regulations under section 3(a) of this 
                Act.
            (3) Consideration.--The term ``consideration'' includes--
                    (A) an analysis of alternative approaches, 
                including the benefits and risks of such approaches;
                    (B) the potential of the alternative approaches to 
                prevent or reduce the threat or consequences of a 
                terrorist release;
                    (C) the cost and technical feasibility of 
                alternative approaches; and
                    (D) the effect of alternative approaches on product 
                quality, product cost, and employee safety.
            (4) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (5) Environment.--The term ``environment'' has the meaning 
        given the term in section 101 of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9601).
            (6) Owner or operator.--The term ``owner or operator'' has 
        the meaning given the term in section 112(a) of the Clean Air 
        Act (42 U.S.C. 7412(a)).
            (7) Release.--The term ``release'' has the meaning given 
        the term in section 101 of the Comprehensive Environmental 
        Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
        9601).
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (9) Security measure.--
                    (A) In general.--The term ``security measure'' 
                means an action carried out to ensure or enhance the 
                security of a chemical source.
                    (B) Inclusions.--The term ``security measure'', 
                with respect to a chemical source, includes measures 
                such as--
                            (i) an employee training and background 
                        check;
                            (ii) the limitation and prevention of 
                        access to controls of the chemical source;
                            (iii) the protection of the perimeter of 
                        the chemical source;
                            (iv) the installation and operation of 
                        intrusion detection sensors;
                            (v) the implementation of measures to 
                        increase computer or computer network security;
                            (vi) the implementation of other security-
                        related measures to protect against or reduce 
                        the threat of--
                                    (I) a terrorist attack on the 
                                chemical source; or
                                    (II) the theft of a substance of 
                                concern for offsite release in 
                                furtherance of an act of terrorism;
                            (vii) the installation of measures and 
                        controls to protect against or reduce the 
                        consequences of a terrorist attack; and
                            (viii) the conduct of any similar security-
                        related activity, as determined by the 
                        Secretary.
            (10) Substance of concern.--The term ``substance of 
        concern'' means--
                    (A) a chemical substance present at a chemical 
                source in quantities equal to or exceeding the 
                threshold quantities for the chemical substance, as 
                defined in or established under paragraphs (3) and (5) 
                of section 112(r) of the Clean Air Act (42 U.S.C. 
                7412(r)); and
                    (B) such other chemical substance as the Secretary 
                may designate under section 3(g).
            (11) Terrorism.--The term ``terrorism'' has the meaning 
        given the term in section 2 of the Homeland Security Act of 
        2002 (6 U.S.C. 101).
            (12) Terrorist release.--The term ``terrorist release'' 
        means--
                    (A) a release from a chemical source into the 
                environment of a substance of concern that is caused by 
                an act of terrorism; and
                    (B) the theft of a substance of concern by a person 
                for off-site release in furtherance of an act of 
                terrorism.

SEC. 3. VULNERABILITY ASSESSMENTS AND SITE SECURITY PLANS.

    (a) Requirement.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall promulgate 
        regulations that require the owner or operator of each chemical 
        source included on the list described in subsection (f)(1)--
                    (A) to conduct an assessment of the vulnerability 
                of the chemical source to a terrorist release, 
                including identifying hazards that may result from a 
                terrorist release; and
                    (B) to prepare and implement a site security plan 
                that addresses the results of the vulnerability 
                assessment.
            (2) Contents of site security plan.--A site security plan 
        required under the regulations promulgated under paragraph (1) 
        or any other plan determined to be substantially equivalent by 
        the Secretary under subsection (c)--
                    (A) shall include security measures to 
                significantly reduce the vulnerability of the chemical 
                source covered by the plan to a terrorist release;
                    (B) shall describe, at a minimum, particular 
                equipment, plans, and procedures that could be 
implemented or used by or at the chemical source in the event of a 
terrorist release; and
                    (C) shall include consideration and, where 
                practicable in the judgment of the owner or operator of 
                the chemical source, implementation of options to 
                reduce the threat of a terrorist release through the 
                use of alternative approaches.
            (3) Promulgation.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall promulgate 
        regulations establishing procedures, protocols, regulations, 
        and standards for vulnerability assessments and site security 
        plans.
            (4) Guidance to small entities.--Not later than 1 year 
        after the date of enactment of this Act, the Secretary shall 
        publish guidance to assist small entities in complying with 
        paragraph (2)(C).
            (5) Threat information.--To the maximum extent practicable 
        under applicable authority and in the interests of national 
        security, the Secretary shall provide to an owner or operator 
        of a chemical source required to prepare a vulnerability 
        assessment and site security plan threat information that is 
        relevant to the chemical source.
            (6) Coordinated assessments and plans.--The regulations 
        promulgated under paragraphs (1) and (3) shall permit the 
        development and implementation of coordinated vulnerability 
        assessments and site security plans in any case in which more 
        than 1 chemical source is operating at a single location or at 
        contiguous locations, including cases in which a chemical 
        source is under the control of more than 1 owner or operator.
    (b) Certification and Submission.--
            (1) In general.--Each owner or operator of a chemical 
        source shall certify in writing to the Secretary that the owner 
        or operator has completed a vulnerability assessment and has 
        developed and implemented or is implementing a site security 
        plan in accordance with this Act, including--
                    (A) regulations promulgated under paragraphs (1) 
                and (3) of subsection (a); and
                    (B) any applicable procedures, protocols, or 
                standards endorsed or recognized by the Secretary under 
                subsection (c)(1).
            (2) Submission.--Not later than 18 months after the date of 
        promulgation of regulations under paragraphs (1) and (3) of 
        subsection (a), an owner or operator of a chemical source shall 
        provide to the Secretary copies of the vulnerability assessment 
        and site security plan of the chemical source for review.
            (3) Oversight.--The Secretary shall, at such times and 
        places as the Secretary determines to be appropriate, conduct 
        or require the conduct of vulnerability assessments and other 
        activities (including third-party audits) to ensure and 
        evaluate compliance with--
                    (A) this Act (including regulations promulgated 
                under paragraphs (1) and (3) of subsection (a)); and
                    (B) other applicable procedures, protocols, or 
                standards endorsed or recognized by the Secretary under 
                subsection (c)(1).
            (4) Submission of changes.--The owner or operator of a 
        chemical source shall--
                    (A) provide to the Secretary a description of any 
                significant change that is made to the vulnerability 
                assessment or site security plan required for the 
                chemical source under this section, not later than 90 
                days after the date the change is made; and
                    (B) update the certification of the vulnerability 
                assessment or site security plan.
    (c) Specified Standards.--
            (1) Existing procedures, protocols, and standards.--Upon 
        submission of a petition by any person to the Secretary, and 
        after receipt by that person of a written response from the 
        Secretary, any procedures, protocols, and standards established 
        by the Secretary under regulations promulgated under subsection 
        (a)(3) may--
                    (A) endorse or recognize procedures, protocols, 
                regulations, and standards--
                            (i) that are established by--
                                    (I) industry;
                                    (II) State or local authorities; or
                                    (III) other applicable law; and
                            (ii) the requirements of which the 
                        Secretary determines to be--
                                    (I) substantially equivalent to the 
                                requirements under subsections (a)(1), 
                                (a)(2), and (a)(3); and
                                    (II) in effect on or after the date 
                                of enactment of this Act; and
                    (B) require that a vulnerability assessment and 
                site security plan address a particular threat or type 
                of threat.
            (2) Notification of substantial equivalency.--If the 
        Secretary endorses or recognizes existing procedures, 
        protocols, regulations, and standards described in paragraph 
        (1)(A), the Secretary shall provide to the person that 
        submitted the petition a notice that the procedures, protocols, 
        regulations, and standards are substantially equivalent to the 
        requirements of paragraph (1) and paragraphs (1) and (3) of 
        subsection (a).
            (3) No action by secretary.--If the Secretary does not 
        endorse or recognize existing procedures, protocols, and 
        standards described in paragraph (1)(A), the Secretary shall 
        provide to each person that submitted a petition under 
        paragraph (1) a written notification that includes a clear 
        explanation of the reasons why the endorsement or recognition 
        was not made.
    (d) Preparation of Assessments and Plans.--As of the date of 
endorsement or recognition by the Secretary of a particular procedure, 
protocol, or standard under subsection (c)(1)(A), 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, for the 
purposes of subsection (b)(3) and section 4, be judged by the Secretary 
against that procedure, protocol, or standard rather than the relevant 
regulations promulgated under subsection (c) and paragraphs (1) and (3) 
of subsection (a) (including such a vulnerability assessment or site 
security plan prepared before, on, or after the date of enactment of 
this Act).
    (e) Regulatory Criteria.--In exercising the authority 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 serious 
        adverse effects to human health or the environment 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 necessary to protect the 
        public health and welfare, critical infrastructure, and 
        national security.
    (f) List of Chemical Sources.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall develop a list of 
        chemical sources in existence as of that date.
            (2) Considerations.--In developing the list under paragraph 
        (1), the Secretary shall consider the criteria specified in 
        subsection (e).
            (3) Future determinations.--Not later than 3 years after 
        the date of promulgation of regulations under subsection (c) 
        and paragraphs (1) and (3) of subsection (a), and every 3 years 
        thereafter, the Secretary shall, after considering the criteria 
        described in subsection (e)--
                    (A) determine whether additional facilities 
                (including, as of the date of the determination, 
                facilities that are operational and facilities that 
                will become operational in the future) shall be 
                considered to be a chemical source under this Act;
                    (B) determine whether any chemical source 
                identified on the most recent list under paragraph (1) 
                no longer presents a risk sufficient to justify 
                retention of classification as a chemical source under 
                this Act; and
                    (C) update the list as appropriate.
            (4) Regulations.--The Secretary may make a determination 
        under this subsection in regulations promulgated under 
        paragraphs (1) and (3) of subsection (a).
    (g) Designation, Exemption, and Adjustment of Threshold Quantities 
of Substances of Concern.--
            (1) In general.--The Secretary may, by regulation--
                    (A) designate certain chemical substances in 
                particular threshold quantities as substances of 
                concerns 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 exempting a chemical 
        substance or adjusting the threshold quantity of a chemical 
        substance under paragraph (1), the Secretary shall consider the 
        potential extent of death, injury, or serious adverse effects 
        to human health or the environment that would result from a 
        terrorist release of the chemical substance.
            (3) Regulations.--The Secretary may make a designation, 
        exemption, or adjustment under paragraph (1) in regulations 
        promulgated under paragraphs (1) and (3) of subsection (a).
    (h) 5-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 assessment 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) submit to the Secretary a description of any changes to 
        the vulnerability assessment or site security plan.
    (i) Protection of Information.--
            (1) Disclosure exemption.--Except with respect to 
        certifications specified in subsections (b)(1)(A) and 
        (h)(2)(A), vulnerability assessments and site security plans 
        obtained in accordance with this Act, and materials developed 
        or produced exclusively in preparation of those documents 
        (including information shared with Federal, State, and local 
        government entities under paragraphs (3) through (5)), shall be 
        exempt from disclosure under--
                    (A) section 552 of title 5, United States Code; or
                    (B) any State or local law providing for public 
                access to information.
            (2) No effect on other disclosure.--Nothing in this Act 
        affects the handling, treatment, or disclosure of information 
        obtained from chemical sources under any other law.
            (3) Development of protocols.--
                    (A) In general.--The Secretary, in consultation 
                with the Director of the Office of Management and 
                Budget and appropriate Federal law enforcement and 
                intelligence officials, and in a manner consistent with 
                existing protections for sensitive or classified 
                information, shall, by regulation, establish 
                confidentiality protocols for maintenance and use of 
                information that is obtained from owners or operators 
                of chemical sources and provided to the Secretary under 
                this Act.
                    (B) Requirements for protocols.--A protocol 
                established under subparagraph (A) shall ensure that--
                            (i) each copy of a vulnerability assessment 
                        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 6, is maintained in a secure 
location; and
                            (ii) except as provided in paragraph 
                        (5)(B), or as necessary for judicial 
                        enforcement, access to the copies of the 
                        vulnerability assessments and site security 
                        plans submitted to the Secretary, and other 
                        information obtained under section 6, shall be 
                        limited to persons designated by the Secretary.
            (4) Disclosure in civil proceedings.--In any Federal or 
        State civil or administrative proceeding in which a person 
        seeks to compel the disclosure or the submission as evidence of 
        sensitive information contained in a vulnerability assessment 
        or security plan required by subsection (a) or (b) and is not 
        otherwise subject to disclosure under other provisions of law--
                    (A) the information sought may be submitted to the 
                court under seal; and
                    (B) the court, or any other person, shall not 
                disclose the information to any person until the court, 
                in consultation with the Secretary, determines that the 
                disclosure of the information does not pose a threat to 
                public security or endanger the life or safety of any 
                person.
            (5) Penalties for unauthorized disclosure.--
                    (A) In general.--Except as provided in subparagraph 
                (B), any individual referred to in paragraph (3)(B)(ii) 
                who acquires any information described in paragraph 
                (3)(A) (including any reproduction of that information 
                or any information derived from that information), 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) 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 information 
                        described in paragraph (3)(A)--
                                    (I) to an individual designated by 
                                the Secretary under paragraph 
                                (3)(B)(ii);
                                    (II) for the purpose of section 6; 
                                or
                                    (III) 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.--Notwithstanding subparagraph (A), 
                        an individual referred to in paragraph 
                        (3)(B)(ii) who is an officer or employee of the 
                        United States may share with a State or local 
                        law enforcement or other official (including a 
                        first responder) the contents of a 
                        vulnerability assessment or site security plan, 
                        or other information described in that 
                        paragraph, to the extent disclosure is 
                        necessary to carry out this Act.

SEC. 4. ENFORCEMENT.

    (a) Failure To Comply.--If an owner or operator of a chemical 
source fails to certify or submit a vulnerability assessment or site 
security plan in accordance with this Act, the Secretary may issue an 
order requiring the certification and submission of a vulnerability 
assessment or site security plan in accordance with section 3(b).
    (b) Disapproval.--The Secretary may disapprove under subsection (a) 
a vulnerability assessment or site security plan submitted under 
section 3(b) if the Secretary determines that--
            (1) the vulnerability assessment or site security plan does 
        not comply with regulations promulgated under paragraph (1) and 
        (3) of subsection (a) or the procedure, protocol, or standard 
        endorsed or recognized under section 3(c); or
            (2) the site security plan, or the implementation of the 
        site security plan, is insufficient to address--
                    (A) the results of a vulnerability assessment 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 chemical source a 
        written notification of the determination 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 Secretary determines to be 
        appropriate under the circumstances, issue an order requiring 
        the owner or operator to correct specified deficiencies.
    (d) Emergency Powers.--
            (1) Definition of emergency threat.--The term ``emergency 
        threat'' means a threat of a terrorist act that could result in 
        a terrorist release at a chemical source--
                    (A) that is beyond the scope of the site security 
                plan as implemented at the chemical source;
                    (B) the likelihood of the immediate occurrence of 
                which is high;
                    (C) the consequences of which would be severe; and
                    (D) based on the factors described in subparagraphs 
                (A) through (C), would not be appropriately and 
                reasonably addressed, or addressed in a timely manner, 
                by the Secretary under subsections (a) through (c).
            (2) Initiation of action.--
                    (A) In general.--If the Secretary (in consultation 
                with State and local law enforcement officials) 
                determines that an emergency threat exists, the 
                Secretary may bring a civil action on behalf of the 
                United States in United States district court to 
                immediately require each covered source potentially 
                subject to the emergency threat to take such actions as 
                are necessary to respond to the emergency threat.
                    (B) Notice and participation.--The Secretary shall 
                provide to each covered source that is the subject of a 
                civil action under subparagraph (A)--
                            (i) notice of any injunctive relief to 
                        compel compliance with this subsection that is 
                        being sought; and
                            (ii) an opportunity to participate in any 
                        proceedings relating to the civil action.
            (3) Emergency orders.--
                    (A) In general.--If the Secretary determines that 
                it is not practicable to ensure prompt action to 
                protect public safety from an emergency threat by 
                commencing a civil action under paragraph (2), the 
                Secretary may issue such orders as are necessary to 
                ensure public safety.
                    (B) Consultation.--Before issuing an order under 
                subparagraph (A), the Secretary shall--
                            (i) consult with State and local law 
                        enforcement officials; and
                            (ii) attempt to confirm the accuracy of the 
                        information on which the action proposed to be 
                        taken is based.
                    (C) Effectiveness of orders.--
                            (i) In general.--An order issued by the 
                        Secretary under this paragraph shall be 
                        effective for the 60-day period beginning on 
                        the date of issuance of the order unless the 
                        Secretary files a civil action under paragraph 
                        (2) before the expiration of that period.
                            (ii) Extension of effective period.--With 
                        respect to an order issued under this 
                        paragraph, the Secretary may file a civil 
                        action before the end of the 60-day period 
                        described in clause (i) to extend the effective 
                        period of the order for--
                                    (I) 14 days; or
                                    (II) such longer period as the 
                                court in which the civil action is 
                                filed may authorize.
    (e) Protection of Information.--Any determination of disapproval or 
order made or issued under this section shall be exempt from 
disclosure--
            (1) under section 552 of title 5, United States Code;
            (2) under any State or local law providing for public 
        access to information; and
            (3) except as provided in section 3(i)(4), in any Federal 
        or State civil or administrative proceeding.

SEC. 5. INTERAGENCY TECHNICAL SUPPORT AND COOPERATION.

    The Secretary--
            (1) may request other Federal agencies to provide technical 
        and analytical support (other than field work) in implementing 
        this Act; and
            (2) may provide reimbursement for such technical and 
        analytical support received as the Secretary determines to be 
        appropriate.

SEC. 6. 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 3(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 submission of, or, on 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--
                    (A) review or analysis of a vulnerability 
                assessment 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 maintaining, 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. 7. PENALTIES.

    (a) Judicial Relief.--Any owner or operator of a chemical source 
that violates or fails to comply with any order issued by the Secretary 
under this Act or a site security plan submitted to the Secretary under 
this Act (or, in the case of an exemption described in section 3(d), a 
procedure, protocol, or standard endorsed or recognized by the 
Secretary under section 3(c)) may, in a civil action brought in United 
States district court, be subject, for each day on which the violation 
occurs or the failure to comply continues, to--
            (1) an order for injunctive relief; or
            (2) a civil penalty of not more than $50,000.
    (b) Administrative Penalties.--
            (1) Penalty orders.--The Secretary may issue an 
        administrative penalty of not more than $250,000 for failure to 
        comply with an order issued by the Secretary under this Act.
            (2) Notice and hearing.--Before issuing an order described 
        in paragraph (1), the Secretary shall provide to the person 
        against which the penalty is to be assessed--
                    (A) written notice of the proposed order; and
                    (B) the opportunity to request, not later than 30 
                days after the date on which the person receives the 
notice, a hearing on the proposed order.
            (3) Procedures.--The Secretary may promulgate regulations 
        outlining the procedures for administrative hearings and 
        appropriate review, including necessary deadlines.
    (c) Treatment of Information in Judicial Proceedings.--Information 
submitted or obtained by the Secretary, information derived from that 
information, and information submitted by the Secretary under this Act 
(except under section 11) shall be treated in any judicial or 
administrative action as if the information were classified material.

SEC. 8. PROVISION OF TRAINING.

    The Secretary may provide training to State and local officials and 
owners and operators in furtherance of the purposes of this Act.

SEC. 9. JUDICIAL REVIEW.

    (a) Regulations.--Not later than 60 days after the date of 
promulgation of a regulation under this Act, any person may file a 
petition for judicial review relating to the regulation with--
            (1) the United States Court of Appeals for the District of 
        Columbia; or
            (2) with the United States circuit court--
                    (A) having jurisdiction over the State in which the 
                person resides; or
                    (B) for the circuit in which the principal place of 
                business of the person is located.
    (b) Final Agency Actions or Orders.--Not later than 60 days after 
the date on which a covered source receives notice of an action or 
order of the Secretary under this Act with respect to the chemical 
source, the chemical source may file a petition for judicial review of 
the action or order with the United States district court for the 
district in which--
            (1) the chemical source is located; or
            (2) the owner or operator of the chemical source has a 
        principal place of business.
    (c) Standard of Review.--
            (1) In general.--On the filing of a petition under 
        subsection (a) or (b), the court of jurisdiction shall review 
        the regulation or other final action or order that is the 
        subject of the petition in accordance with chapter 7 of title 
        5, United States Code.
            (2) Basis.--
                    (A) In general.--Judicial review of a regulation, 
                or of a final agency action or order described in 
                paragraph (1) that is based on an administrative 
                hearing held on the record, shall be based on the 
                record of the proceedings, comments, and other 
                information that the Secretary considered in 
                promulgating the regulation, taking the action, or 
                issuing the order being reviewed.
                    (B) Other actions and orders.--Judicial review of a 
                final agency action or order described in paragraph (1) 
                that is not described in subparagraph (A) shall be 
                based on any submissions to the Secretary relating to 
                the action or order, and any other information, that 
                the Secretary considered in taking the action or 
                issuing the order.

SEC. 10. NO EFFECT ON REQUIREMENTS UNDER OTHER LAW.

    (a) In General.--Except as provided in section 3(i), nothing in 
this Act affects any duty or other requirement imposed under any other 
Federal or State law.
    (b) Other Federal Law.--
            (1) In general.--Notwithstanding subsection (a), a chemical 
        source that is required to prepare a facility vulnerability 
        assessment and implement a facility security plan under any 
        another Federal law may petition the Secretary to be subject to 
        the other Federal law in lieu of this Act.
            (2) Determination of substantial equivalence.--If the 
        Secretary determines that a Federal law covered by a petition 
        submitted by a chemical source under paragraph (1) is 
        substantially equivalent to this Act--
                    (A) the Secretary may grant the petition; and
                    (B) the chemical source shall be subject to the 
                other Federal law in lieu of this Act.

SEC. 11. AGRICULTURAL BUSINESS SECURITY GRANT PROGRAM.

    (a) Definition of Eligible Entity.--In this section, the term 
``eligible entity'' means a retail or production agricultural business 
(including a business that is engaged in the production or processing 
of seafood) that employs not more than such number of individuals at a 
chemical source included in the list described in section 3(f)(1) as 
shall be determined by the Secretary, in consultation with the 
Administrator of the Small Business Administration and the Secretary of 
Agriculture.
    (b) Grants.--The Secretary shall provide grants to an eligible 
entity that is a chemical source included in the list described in 
section 3(f)(1) selected under this section to enable the eligible 
entity at the chemical source--
            (1) to improve security measures; and
            (2) to protect against or reduce the consequence of a 
        terrorist attack.
    (c) Criteria.--In establishing criteria for the selection of, or in 
otherwise selecting, eligible entities to receive a grant under this 
section, the Secretary shall--
            (1) consider on an individual, location-by-location basis, 
        each applicant for a grant; and
            (2) require each eligible entity that receives a grant to 
        use funds from the grant only for the purposes described in 
        subsection (b) in accordance with guidance of the Secretary.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.




                                                       Calendar No. 509

108th CONGRESS

  2d Session

                                 S. 994

                          [Report No. 108-261]

_______________________________________________________________________

                                 A BILL

    To protect human health and the environment from the release of 
               hazardous substances by acts of terrorism.

_______________________________________________________________________

                              May 11, 2004

                       Reported with an amendment