[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2145 Introduced in Senate (IS)]








109th CONGRESS
  1st Session
                                S. 2145

 To enhance security and protect against terrorist attacks at chemical 
                              facilities.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 19, 2005

 Ms. Collins (for herself, Mr. Lieberman, Mr. Coleman, Mr. Carper, and 
  Mr. Levin) introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To enhance security and protect against terrorist attacks at chemical 
                              facilities.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Chemical Facility Anti-Terrorism Act 
of 2005''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Chemical source.--The term ``chemical source'' means a 
        facility designated as a chemical source by the Secretary under 
        section 3.
            (2) Critical infrastructure.--The term ``critical 
        infrastructure'' has the meaning given the term in section 2 of 
        the Homeland Security Act of 2002 (6 U.S.C. 101).
            (3) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (4) 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).
            (5) Higher risk tier.--The term ``higher risk tier'' means 
        a tier designated by the Secretary as a higher risk tier under 
        section 3(e)(3).
            (6) MTSA-regulated facilities.--The term ``MTSA-regulated 
        facility'' means a facility subject to the security 
        requirements under chapter 701 of title 46, United States Code 
        (commonly known as the ``Maritime Transportation Security 
        Act'').
            (7) Owner or operator.--The term ``owner or operator'' 
        means any person who owns, leases, operates, controls, or 
        supervises a chemical source.
            (8) 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).
            (9) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (10) Security measure.--
                    (A) In general.--The term ``security measure'' 
                means an action to ensure or enhance the security of a 
                chemical source against a terrorist incident.
                    (B) Inclusions.--The term ``security measure'', 
                with respect to a chemical source, includes measures 
                such as--
                            (i) employee training and background and 
                        identification authentication checks;
                            (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 ensure or enhance the 
                        security of a chemical source from a terrorist 
                        incident;
                            (vii) the implementation of measures and 
                        controls to prevent, protect against, or reduce 
                        the consequences of a terrorist incident, 
                        including--
                                    (I) contingency and evacuation 
                                plans;
                                    (II) early warning systems; and
                                    (III) the relocation, hardening of 
                                the storage or containment, 
                                modification, processing, substitution, 
                                or reduction of substances of concern; 
                                and
                            (viii) the conduct of any similar security-
                        related activity, as determined by the 
                        Secretary.
            (11) 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));
                    (B) ammonium nitrate, in a quantity to be 
                determined by the Secretary by regulation; and
                    (C) any other chemical substance designated as a 
                substance of concern by the Secretary under section 
                3(i) in quantities equal to or exceeding the threshold 
                quantities established under section 3(i), based on the 
                potential extent of death, injury, or serious adverse 
                effects to human health and safety or the environment 
                or the potential impact on national or economic 
                security or critical infrastructure caused by a 
                terrorist incident involving the chemical substance.
            (12) 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).
            (13) Terrorist incident.--The term ``terrorist incident'' 
        means--
                    (A) a terrorist attack against a chemical source;
                    (B) a release from a chemical source into the 
                environment of a substance of concern that is caused by 
                an act of terrorism; and
                    (C) the theft of a substance of concern by a person 
                for off-site release in furtherance of an act of 
                terrorism.

SEC. 3. DESIGNATION AND TIERING OF CHEMICAL SOURCES.

    (a) Designation.--Not later than 1 year after the date of enactment 
of this Act, the Secretary shall--
            (1) promulgate regulations establishing criteria for 
        designating chemical sources by using the risk factors 
        described in subsection (b) and by evaluating the types of 
        facilities described in subsection (c) that shall be considered 
        in designating chemical sources; and
            (2) designate chemical sources in existence as of that 
        date.
    (b) Risk Factors To Be Considered.--In establishing criteria under 
subsection (a)(1) for designating chemical sources, the Secretary shall 
consider--
            (1) the perceived threat to a facility, including a 
        consideration of adversary capabilities and intent, 
        preparedness, target attractiveness, and deterrence 
        capabilities;
            (2) the potential extent and likelihood of death, injury, 
        or serious adverse effects to human health and safety or to the 
        environment caused by a terrorist incident at a facility;
            (3) the threats to or potential impact on national security 
        or critical infrastructure caused by a terrorist incident at a 
        facility;
            (4) the potential threats or harm to the economy that would 
        result from a terrorist incident at a facility, including 
        whether a facility is the sole supplier, or the producer of a 
        high percentage, of a product that is critical to the economy, 
        the chemical industry, or national security;
            (5) the proximity of a facility to population centers;
            (6) the nature and quantity of substances of concern at a 
        facility; and
            (7) such other security-related factors as the Secretary 
        determines to be appropriate and necessary to protect the 
        public health and safety, critical infrastructure, and national 
        and economic security.
    (c) Criteria for Facilities.--In establishing criteria under 
subsection (a)(1) for designating chemical sources, the Secretary 
shall--
            (1) consider any facility that is a stationary source (as 
        defined in section 112(r)(2) of the Clean Air Act (42 U.S.C. 
        7412(r)(2)) for which 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));
            (2) consider any other facility that produces, uses, or 
        stores a substance of concern; and
            (3) determine whether any additional facility (including, 
        as of the date of the determination, any facility that is 
        operational and any facility that will become operational in 
        the future) shall be designated chemical sources under this 
        Act.
    (d) Exclusions.--In designating facilities as chemical sources, the 
Secretary shall not include any facility owned or operated by the 
Department of Defense or the Department of Energy.
    (e) Tiered Security System.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall promulgate rules 
        establishing a risk-based tier system of chemical sources 
        that--
                    (A) shall be based on the criteria established by 
                the Secretary under subsection (a)(1);
                    (B) consists of several tiers of chemical sources;
                    (C) to the maximum extent practicable, enables a 
                chemical source to develop appropriate site-specific 
                measures to meet the security performance standards 
                established under subsection (f) for the tier 
                applicable to the chemical source; and
                    (D) provides guidance to the owner or operator of a 
                chemical source regarding the steps that would enable 
                the chemical source to move to a lower risk tier, if 
                the owner or operator seeks to move to a lower risk 
                tier.
            (2) Determination of tier.--Not later than 1 year after the 
        date of enactment of this Act, the Secretary shall determine 
        the tier applicable to each chemical source designated under 
        subsection (a)(2).
            (3) Higher risk tiers.--The Secretary shall designate 1 or 
        more tiers established under paragraph (1) as higher risk 
        tiers.
    (f) Security Performance Standards.--
            (1) In general.--The Secretary shall establish security 
        performance standards appropriate to the risk-based tiers 
        established under subsection (e).
            (2) Contents.--The security performance standards 
        established under paragraph (1) shall--
                    (A) set increasingly strict security requirements 
                as the level of risk for the tier increases;
                    (B) enable a chemical source to select security 
                measures that, in combination, satisfy the security 
                performance standards established by the Secretary; and
                    (C) be based on the criteria in section 4(a)(2).
            (3) Guidance.--
                    (A) In general.--The Secretary shall provide 
                guidance to a chemical source regarding the types of 
                security measures that, if applied, could satisfy the 
                security performance standards.
                    (B) Alternate measures.--The owner or operator of a 
                chemical source shall have flexibility to employ 
                different security measures than those contained in the 
                guidance described in subparagraph (A) if such measures 
                satisfy the security performance standards established 
                for the tier applicable to the chemical source.
    (g) Notice to Facilities.--Not later than 180 days after the date 
of enactment of this Act, the Secretary shall notify facilities that 
may be designated as chemical sources regarding the review of 
facilities and designation of chemical sources to be conducted under 
this Act, including the timeline for such review and designation.
    (h) Subsequent Determinations.--
            (1) Periodic review of determinations.--Not later than 3 
        years after the designation of chemical sources under 
        subsection (a)(2), and every 3 years thereafter, the Secretary 
        shall, after considering the criteria established under 
        subsection (a)(1) and the exclusions under subsection (d), 
        determine whether to designate any additional facility as a 
        chemical source or remove the designation of any particular 
        facility as a chemical source.
            (2) Other review.--In addition to the periodic review 
        required under paragraph (1), the Secretary may, after 
        considering the criteria established under subsection (a)(1) 
        and the exclusions under subsection (d), designate a facility 
        as chemical source or remove the designation of any facility as 
        a chemical source.
            (3) Duty to report.--
                    (A) Facilities becoming operational.--
                            (i) In general.--Each facility described in 
                        clause (ii) shall file a petition with the 
                        Secretary for a determination on whether that 
                        facility should be designated as a chemical 
                        source not later than 180 days after the later 
                        of--
                                    (I) the date of the promulgation of 
                                final rules under subsection (a)(1); or
                                    (II) the date that facility becomes 
                                operational.
                            (ii) Facilities covered.--A facility 
                        described in this clause is a facility--
                                    (I) that becomes operational on or 
                                after the date of the designation of 
                                chemical sources under subsection 
                                (a)(2); and
                                    (II) at which a threshold quantity 
                                of a substance of concern is present.
                    (B) Existing facilities.--
                            (i) In general.--Each facility described in 
                        clause (ii) shall submit a petition to the 
                        Secretary for a determination on whether that 
                        facility should be designated as a chemical 
                        source not later than 180 days after the later 
                        of--
                                    (I) the date of the promulgation of 
                                final regulations under subsection 
                                (a)(1); or
                                    (II) the date on which the 
                                threshold quantity of a substance of 
                                concern is first present at that 
                                facility.
                            (ii) Facilities covered.--A facility 
                        described in this clause is a facility--
                                    (I) for which the owner or operator 
                                is not required to complete a risk 
                                management plan under section 
                                112(r)(7)(B)(ii) of the Clean Air Act 
                                (42 U.S.C. 7412(r)(7)(B)(ii));
                                    (II) that is operational before the 
                                date of the promulgation of the final 
                                rules establishing criteria for 
                                designating chemical sources under 
                                subsection (a)(1); and
                                    (III) at which a threshold quantity 
                                of a substance of concern is present.
                    (C) Consultation.--The Secretary, in consultation 
                with the Administrator of the Environmental Protection 
                Agency, shall establish a mechanism for the Secretary 
                to receive notice in a timely fashion of a facility 
                required by the Administrator 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)).
                    (D) Regulations.--The Secretary may promulgate 
                regulations to carry out this paragraph.
    (i) Designation, Exemption, and Adjustment of Threshold Quantities 
of Substances of Concern.--
            (1) In general.--The Secretary may, by regulation--
                    (A) designate a chemical substance, in a particular 
                threshold quantity, as a substance of concern under 
                this Act;
                    (B) exempt a chemical substance from designation as 
                a substance of concern under this Act; and
                    (C) establish or revise the threshold quantity for 
                a chemical substance to be designated a substance of 
                concern.
            (2) Considerations.--In designating or exempting a chemical 
        substance or establishing or revising 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 and safety or the environment 
        and the potential impact on national security, the economy, or 
        critical infrastructure that would result from a terrorist 
        incident involving the chemical substance.
            (3) Regulations.--The Secretary may make a designation, 
        exemption, or revision under paragraph (1) in the regulations 
        promulgated under subsection (a)(1).

SEC. 4. VULNERABILITY ASSESSMENTS, SITE SECURITY PLANS, AND EMERGENCY 
              RESPONSE 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--
                    (A) to conduct a vulnerability assessment, 
                evaluating the vulnerability of the chemical source to 
                a terrorist incident;
                    (B) to prepare and implement a site security plan 
                that addresses the risks identified in the 
                vulnerability assessment; and
                    (C) to prepare and implement an emergency response 
                plan or prepare and implement an addendum to an 
                existing emergency response plan to include response 
                planning for a terrorist incident.
            (2) Regulatory criteria.--The regulations promulgated under 
        paragraph (1)--
                    (A) shall be risk-based, performance based, and 
                flexible; and
                    (B) shall include consideration of--
                            (i) the criteria established by the 
                        Secretary under section 3(a)(1);
                            (ii) cost and technical feasibility; and
                            (iii) scale of operations.
            (3) Co-located chemical sources.--The regulations 
        promulgated under paragraph (1) shall permit the development 
        and implementation of coordinated vulnerability assessments, 
        site security plans, and emergency response 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.
            (4) Sharing of threat information.--To the maximum extent 
        practicable under applicable authority 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 sector in general.
            (5) Contents of vulnerability assessment.--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 performance 
                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 measures 
                        relative to the threats and consequences of a 
                        terrorist incident, including vulnerabilities 
                        at the chemical source arising from the nature 
                        and quantities of substances 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 
                vulnerability assessment;
                    (C) address the appropriate security performance 
                standards established by Secretary under section 3(f);
                    (D) include security measures appropriate to the 
                tier level of the chemical source that address the 
                risks identified in the vulnerability assessment and 
                are sufficient to deter, to the maximum extent 
                practicable, a terrorist incident 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 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 
                Management System and Federal, State, and local law 
                enforcement and first responders; and
                    (I) describe the training, drills (including 
                periodic unannounced drills), exercises, and security 
                actions of persons at the chemical source, to be 
                carried out under the plan to deter, to the maximum 
                extent practicable, a terrorist incident 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 consequences 
                        of a terrorist incident identified 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 
                        responsibilities 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 
                                provided by the National Response Team 
                                established under the National 
                                Contingency Plan created under section 
                                105 of the Comprehensive Environmental 
                                Response, Compensation, and Liability 
                                Act of 1980 (42 U.S.C. 9605); and
                                    (II) modified to satisfy the 
                                requirements of subparagraph (A).
                            (ii) No existing plan.--The owner or 
                        operator of a chemical source that does 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 Response Team 
                        established under the National Contingency Plan 
                        created under section 105 of the Comprehensive 
                        Environmental Response, Compensation, and 
                        Liability 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 information.--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 
                release of which would be detrimental to the security 
                of the source, that information shall be separated in a 
                security addendum to the emergency 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 complying 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 Secretary that the owner or operator has completed a 
        vulnerability assessment and has developed and implemented, 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 operator of a 
        chemical source fails to certify or submit a vulnerability 
        assessment, site security plan, or emergency response plan in 
        accordance with paragraph (2), the Secretary may issue an order 
        requiring the certification and submission of a vulnerability 
        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 disapprove 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 disapproves a 
                vulnerability assessment, site security plan, or 
                emergency response plan of a chemical source under 
                paragraph (2), the Secretary--
                            (i) shall 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, 
                        emergency response plan, or implementation of 
                        the site security plan;
                            (ii) shall consult with the owner or 
                        operator 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 compliance by 
                        such date as the Secretary determines to be 
                        appropriate under the circumstances, 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 promulgation 
                        of regulations under subsection (a)(1) and the 
                        date of the promulgation of regulations under 
                        section 3(e), the Secretary 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 chemical 
                                source in a higher risk tier is 
                                operating in compliance with the site 
                                security 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
                                    (II) determines that a chemical 
                                source in a higher risk tier is not 
                                operating in compliance with the site 
                                security 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 submission of the 
                vulnerability assessment, site security 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 compliance 
                with this section.
                    (D) Subsequent review.--The Secretary may conduct 
                subsequent reviews and determinations 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 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 vulnerability 
                        assessment, site security plan, and emergency 
                        response plan, with the appropriate 
                        modifications.
            (2) Notice and request.--If the Secretary determines that 
        additional modification of a vulnerability assessment, site 
        security plan, or emergency response plan is required, the 
        Secretary shall--
                    (A) provide a written notice to the chemical source 
                owner or operator, requiring modifications 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 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 emergency 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 paragraph (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 promulgates regulations 
                under subsection (a)(1), the owner or operator of a 
                chemical source that is also a MTSA-regulated facility 
                shall--
                            (i) submit the facility security 
                        assessment, facility security plan, and 
                        emergency response plan, with any appropriate 
                        modifications 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 Secretary 
                        for approval; and
                            (ii) certify in writing to the Federal 
                        Maritime Security Coordinator for the area in 
                        which the facility is located and the Secretary 
                        that--
                                    (I) the facility security 
                                assessment and facility security plan 
                                for the facility are in compliance with 
                                the security performance standards for 
                                the tier applicable to the chemical 
                                source under section 3(f) and the 
                                requirements 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 States 
                                Code, to the Federal Maritime Security 
                                Coordinator for the area in which the 
                                facility is located.
            (3) Review by the secretary.--In accordance with the 
        procedures under subsection (c), the Secretary, in consultation 
        with the Federal Maritime Security Coordinator for the area in 
        which a chemical 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 performance 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 implement this 
                Act and chapter 701 of title 46, United States Code, in 
                as consistent and integrated manner as possible.
                    (B) Coast guard.--The Secretary shall ensure 
                coordination between the Under Secretary 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 requirements of 
        any alternative security program submitted 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 emergency response 
        plan submitted under subsection (b)(2).
            (3) Determination.--
                    (A) In general.--If the Secretary determines that a 
                vulnerability assessment, security plan, or emergency 
                response plan prepared under that alternative security 
                program meets 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 further revision.
                    (B) Other determinations.--If the Secretary 
                determines that a vulnerability assessment, 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 assessment, security plan, and emergency 
                response 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 
                        response plan submitted under subsection 
                        (b)(2); and
                            (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 Secretary 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 submission 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 vulnerability 
                assessment, site security plan, and emergency response 
                plan for the chemical source;
                    (B) certify to the Secretary that the chemical 
                source has completed the review and implemented any 
                necessary modifications to the vulnerability 
                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 vulnerability 
                assessment, site security plan, and emergency 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 vulnerability 
                assessment, site security plan, and emergency 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 assessment, site security 
plan, and emergency response plan 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 presentation 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 required 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 determines to be 
                appropriate, conduct, or require the conduct of, 
                facility security audits and inspections, the 
                requirements of which may be established 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 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 
                assessment 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 maintaining, producing, or 
permitting access to records or to the premises of the chemical source 
as required by this section, the Secretary may issue an order requiring 
compliance with the relevant provisions of this section.

SEC. 6. INFRASTRUCTURE PROTECTION AND IMPLEMENTATION.

    (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.
            (2) With other law.--The Secretary shall model the 
        regulations promulgated, organizations established, 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 response committees in order to 
        provide a unified and effective Federal effort for security and 
        response organizational 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 3 months after the date 
        of enactment of this Act, the Secretary shall establish an 
        office under the Assistant 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--
                    (A) provide leadership, guidance, planning, 
                technical assistance, resources, and conduct oversight 
                activities to establish an effective chemical security 
                planning and response infrastructure for the Nation;
                    (B) provide leadership, personnel, training, 
                equipment, other resources as necessary, and technical 
                assistance to--
                            (i) Federal, State and local government 
                        agencies;
                            (ii) Infrastructure Protection Regional 
                        Security Offices; and
                            (iii) Area Security Committees, as 
                        requested by the Federal Area Security 
                        Coordinator;
                    (C) coordinate with law enforcement agencies, first 
                responders, and chemical sources regarding 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 Preparedness of the 
                Department, to ensure some homeland security grants 
                administered by the Department support the plans 
                required under this section.
    (c) Infrastructure Protection Regional Security Offices.--
            (1) In general.--Not later than 6 months after the date of 
        enactment of this Act, the Secretary shall establish in each 
        Federal Emergency Management Agency Region an Infrastructure 
        Protection Regional Security Office, for purposes of carrying 
        out this Act and coordinating regional security, as described 
        in this section.
            (2) Membership and duties.--Each Infrastructure 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 between regions and 
                States;
                    (C) oversee implementation of this Act to ensure 
                consistent implementation within the region, in 
                conjunction with the strategic mission and policies of, 
                and guidance from, the Department; and
                    (D) perform other functions as assigned by the 
                Secretary necessary to implement the requirements 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 Secretary 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 included 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.
                    (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 Secretary, in consultation with State and local 
                government 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 designated by the 
                Secretary under paragraph (1), the Secretary shall 
                designate a Federal Area Security Coordinator with 
                knowledge of and experience in the activities required 
                under this subsection.
            (3) Duties.--
                    (A) Committees.--Each Area Security Committee, 
                under the direction of the Federal 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 response planning 
                        of those officials and to assure effective 
                        preplanning of joint security and response 
                        efforts, including exercises, drills, 
                        evacuations, sheltering, and rescue.
                    (B) Coordinator.--Each Federal Area Security 
                Coordinator shall, for the area assigned to such 
                official--
                            (i) conduct audits and inspections of 
                        chemical sources under this Act;
                            (ii) provide appropriate guidance and 
                        support to chemical sources; and
                            (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 submit to the Secretary for 
                approval an Area Security Plan for the area assigned to 
                such Area Security Committee.
                    (B) Plan requirements.--The Area Security Plan 
                shall--
                            (i) coordinate the resources of the area 
                        assigned to the Area Security Committee to 
                        deter a potential or actual terrorist 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 
                        Infrastructure Protection Plan, the National 
                        Response Plan, the site security plan of any 
                        chemical source located in the area assigned to 
                        the Area Security Committee, other appropriate 
                        national security and response plans, and the 
                        Area Security Plans for contiguous areas;
                            (iii) reflect security and response post-
                        incident investigative reports, as determined 
                        by the Secretary;
                            (iv) describe in detail the 
                        responsibilities of an owner or operator of a 
                        chemical source (based upon the approved site 
                        security plan for the chemical source) and of 
                        Federal, State, and local government agencies 
                        in responding to potential or actual terrorist 
                        incident at a chemical source operating 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 include 
                        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 government 
                        agencies or members of local entities that plan 
                        for emergency releases from chemical sources 
                        regarding how local populations 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 developed 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 requirements 
                of this section.
    (e) Area Exercises and Drills.--
            (1) In general.--The Secretary shall periodically 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.
            (2) Scope of participation.--The drills and exercises 
        conducted under paragraph (1) may include participation by--
                    (A) Federal, State, and local government agencies, 
                including law enforcement and first responders;
                    (B) the owner and operator of any chemical source 
                in the area;
                    (C) members of local entities that plan for 
                emergency releases;
                    (D) representatives of other critical 
                infrastructure; and
                    (E) other participants as determined appropriate by 
                the Secretary or the designee of the Secretary.
            (3) Reports.--The Secretary shall publish annual reports on 
        drills under this subsection, including assessments of the 
        effectiveness of the plans described in paragraph (1), lessons 
        learned, and a list of any amendments made to improve any plan 
        described 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 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 
mandatory security measures. Only the Secretary or the designee of the 
Secretary may issue an order under this section.
    (b) Period of Order.--
            (1) In general.--Any order issued by the Secretary 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 per year, for failure to comply with an 
        order or directive 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 penalty; and
                    (B) not later than 30 days after the date on which 
                the person receives the notice, the opportunity to 
                request a hearing on the proposed penalty.
            (3) Procedures.--The Secretary shall promulgate regulations 
        establishing procedures for administrative 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 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 comply 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 required 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 
                        security plan, or a security addendum to an 
                        emergency response plan obtained by the 
                        Department under section 4;
                            (ii) an area security plan required under 
                        section 6(d)(4);
                            (iii) materials developed or produced by a 
                        chemical source exclusively in preparation 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 Department, or 
                        produced exclusively for the purposes 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 
                                described in clause (i) or (ii) or from 
                                a copy of such record in possession of 
                                the chemical source; and
                                    (III) would, if disclosed, be 
                                detrimental to the security of a 
                                chemical source.
            (2) Records of other agencies.--
                    (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 Federal 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 agency, 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 
                        Department 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 purposes 
                        of this Act by the agency, 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 
                                described in clause (i); and
                                    (III) would, if disclosed, be 
                                detrimental to the security of a 
                                chemical source.
            (3) Records of state or local government agencies.--
                    (A) In general.--A State or local government 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 purposes 
                        of this Act by the State or local government 
                        agency, to the extent that the record contains 
                        information that--
                                    (I) describes a specific chemical 
                                source or the specific vulnerabilities 
                                of a chemical source; and
                                    (II) was taken from a record 
                                described in clause (i) or (ii) or from 
                                a copy of such document in possession 
                                of the chemical source.
    (b) Public Information.--
            (1) In general.--
                    (A) Information disclosed.--Except as provided in 
                subparagraph (B), the following records shall be made 
                available to the public under section 552 of title 5, 
                United States Code:
                            (i) Certifications.--A certification under 
                        section 4(b)(1).
                            (ii) Order for failure to comply.--An order 
                        under section 4(b)(3).
                            (iii) Compliance certificates.--A 
                        certificate of compliance under paragraph (2).
                            (iv) Other orders.--The identity of any 
                        chemical source and the owner or operator of 
                        the chemical source for which any other order 
                        or any approval or disapproval is issued under 
                        this Act, together with information identifying 
                        the applicable order, approval, or disapproval.
                    (B) Exception.--
                            (i) In general.--If the Secretary makes a 
                        specific finding and determination with respect 
                        to a particular chemical source that releasing 
                        any record described in subparagraph (A) 
                        regarding that chemical source would increase 
                        the risk to the security of any chemical 
                        source, the Secretary may establish a period, 
                        not to exceed 6 months, during which the record 
                        shall not be made available to the public under 
                        section 552 of title 5, United States Code.
                            (ii) Extension.--Not more than 60 days 
                        before to the expiration of a period 
                        established under clause (i) (or an extension 
                        of such period under this clause), the 
                        Secretary may extend the period for an 
                        additional period not to exceed 6 months if the 
                        Secretary makes a specific finding and 
                        determination with respect to a particular 
                        chemical source that releasing any record 
                        described in subparagraph (A) regarding that 
                        chemical source would increase the risk to the 
                        security of any chemical source.
                            (iii) Notice to gao.--If the Secretary 
                        determines not to allow a record to be made 
                        available to the public under clause (i) or 
                        extends the period of nondisclosure under 
                        clause (ii), the Secretary shall submit to the 
                        Comptroller General of the United States, for 
                        inclusion and evaluation in the reports under 
                        section 12, a detailed statement--
                                    (I) identifying the chemical 
                                source;
                                    (II) describing the record;
                                    (III) explaining the basis for the 
                                Secretary's determination; and
                                    (IV) describing any security 
                                measures being implemented by the 
                                chemical source.
            (2) Certification of compliance.--When the Secretary 
        determines that a chemical source is in compliance with the 
        requirements of this Act, the Secretary shall issue and make 
        available for public inspection a certificate of approval that 
        contains the following statement: ``____ (chemical source name) 
        ____ is in compliance with the Chemical Facility Anti-Terrorism 
        Act of 2005.''.
            (3) Report to congress.--Not less frequently than once each 
        year, the Secretary shall submit to Congress a public report on 
        the performance of chemical sources under the Act, in the 
        aggregate, including a description of common problems, 
        solutions, and industry best practices.
    (c) Development of Protocols.--
            (1) 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 records 
        described in paragraphs (1)(B), (2)(C), and (3)(B) of 
        subsection (a).
            (2) Requirements for protocols.--The protocols established 
        under paragraph (1) shall ensure, to the maximum extent 
        practicable, that--
                    (A) the records shall be maintained in a secure 
                location; and
                    (B) access to records shall be limited--
                            (i) as may be necessary to--
                                    (I) enable enforcement of this Act; 
                                or
                                    (II) address an imminent and 
                                substantial threat to security, health, 
                                safety, or the environment;
                            (ii) to State or local law enforcement 
                        officials, first responders, or other State or 
                        local government officials granted access to 
                        records for the purpose of carrying out this 
                        Act; and
                            (iii) to other persons granted access for 
                        the purpose of carrying out this Act.
            (3) Other procedures in protocols.--The protocols 
        established under paragraph (1) shall also--
                    (A) provide for the labeling of any record 
                described in paragraph (1)(B), (2)(C), or (3)(B) of 
                subsection (a), to enable the sensitive information in 
                such record to be traced back to the specific document 
                from which the information was derived;
                    (B) accommodate the making of disclosures under 
                sections 2302(b)(8) and 7211 of title 5, United States 
                Code, and provide guidance to employees as to how to 
                make such disclosures without compromising security;
                    (C) include procedures applicable to a request 
                under section 552 of title 5, United States Code, 
                requiring that any portion of a record that reasonably 
                may be separated shall be provided to a person 
                requesting the record after redaction of any portion 
                that is exempt from disclosure;
                    (D) establish procedures by which a record 
                described in paragraph (1)(B), (2)(C), or (3)(B) of 
                subsection (a) may become subject to the requirements 
                regarding public disclosure under section 552 of title 
                5, United States Code, when, because of changed 
                circumstances or the passage of time, disclosure of the 
                record would not be detrimental to the security of a 
                chemical source.
    (d) Process for Reporting Problems.--
            (1) Establishment of a reporting process.--The Secretary 
        shall establish, and provide information to the public 
        regarding, a process by which any person may submit a report to 
        the Secretary regarding problems, deficiencies, or 
        vulnerabilities at a chemical source.
            (2) Confidentiality.--The Secretary shall keep confidential 
        the identity of a person who submits a report under paragraph 
        (1) and any such report shall be treated as a record described 
        in subsection (a)(1)(B), to the extent that it does not consist 
        of publicly available information.
            (3) Acknowledgment of receipt.--If a report submitted under 
        paragraph (1) identifies the person making the report, the 
        Secretary shall respond promptly to such person and acknowledge 
        receipt of the report.
            (4) Steps to address problems.--The Secretary shall review 
        and consider the information provided in any report submitted 
        under paragraph (1) and shall take whatever steps the Secretary 
        determines appropriate to address any problems, deficiencies, 
        or vulnerabilities identified.
            (5) Retaliation prohibited.--No employer may discharge any 
        employee or otherwise discriminate against any employee with 
        respect to the compensation to, or terms, conditions, or 
        privileges of the employment of, such employee because the 
        employee (or a person acting pursuant to a request of the 
        employee) made a report under paragraph (1).
            (6) GAO reporting.--The Comptroller General of the United 
        States shall, in the reports under section 12--
                    (A) describe the number and type of problems, 
                deficiencies, and vulnerabilities reported on under 
                this subsection; and
                    (B) evaluate the Secretary's efforts in addressing 
                such problems, deficiencies, and vulnerabilities.
    (e) Protected Disclosures.--Nothing in this Act shall be construed 
to limit--
            (1) the right of an individual to make any disclosure--
                    (A) protected or authorized under section 
                2302(b)(8) or 7211 of title 5, United States Code; or
                    (B) to the Special Counsel, the inspector general 
                of an agency, or any other employee designated by the 
                head of an agency to receive similar disclosures; or
            (2) the applicability or enforcement of sections 818 and 
        820 of the Transportation, Treasury, Housing and Urban 
        Development, the Judiciary, and Independent Agencies 
        Appropriations Act, 2006 (Public Law 109-115).
    (f) Materials Not Held by Agencies.--Nothing in this Act shall be 
construed to limit the rights or obligations of any chemical source, 
any entity that is not a Federal, State, or local government agency in 
possession of a record described in paragraphs (1)(B), (2)(C), and 
(3)(B) of subsection (a), or any individual, with respect to the 
withholding or disclosure of any information or record held by the 
chemical source, entity, or individual, regardless of whether or not 
the Department has received or possesses similar or identical 
information or a similar or identical record.
    (g) Disclosure of Independently Furnished Information.--
            (1) In general.--Nothing in this Act shall be construed to 
        affect the handling, treatment, or disclosure of a record or 
        information obtained from a chemical source under any other 
        law.
            (2) Other authority.--Nothing in this Act shall be 
        construed to affect any authority or obligation of an agency to 
        disclose any record that the agency receives independently of a 
        record that is exempt under this section from the public 
        disclosure requirements under section 552 of title 5, United 
        States Code, regardless of whether or not the Department has an 
        identical or similar record that is so exempt.
    (h) Other Obligations Unaffected.--
            (1) In general.--Nothing in this section affects any 
        obligation of the owner or operator of a chemical source to 
        submit or make available information to a Federal, State, or 
        local government agency under, or otherwise to comply with, any 
        other law.
            (2) No use of information to gain governmental benefit.--
        The owner or operator of a chemical source may not use any 
        record described in paragraph (1)(B), (2)(C), or (3)(B) of 
        subsection (a) to satisfy any legal requirement or obligation 
        other than a requirement under this Act or to obtain any grant, 
        permit, contract, benefit (including agency forbearance, loans, 
        or deduction or modifications of agency penalties or rulings) 
        or other governmental approval.
    (i) Availability of Information to Congress.--Nothing in this Act 
shall be construed to authorize information to be withheld from 
Congress.
    (j) Penalties for Unauthorized Disclosure.--Any officer or employee 
of a Federal, State, or local government agency who, in a manner or to 
an extent not authorized by law, knowingly discloses any record 
described in paragraph (1)(B), (2)(C), or (3)(B) of subsection (a) 
shall--
            (1) be imprisoned not more than 1 year, fined under chapter 
        227 of title 18, United States Code, or both; and
            (2) if an officer or employee of the Government, be removed 
        from Federal office or employment.

SEC. 10. STATE AND OTHER LAWS.

            (1) In general.--Nothing in this Act shall preclude or deny 
        any right of any State or political subdivision thereof to 
        adopt or enforce any regulation, requirement, or standard of 
        performance respecting chemical facility security that is more 
        stringent than a regulation, requirement, or standard of 
        performance in effect under this Act, or shall otherwise impair 
        any right or jurisdiction of the States with respect to 
        chemical facilities within such States unless there is an 
        actual conflict between a provision of this Act and the law of 
        the State.
            (2) Other requirements.--Nothing in this Act shall preclude 
        or deny the right of any State or political subdivision thereof 
        to adopt or enforce any regulation, requirement, or standard of 
        performance, including air or water pollution requirements, 
        that are directed at problems other than reducing damage from 
        terrorist attacks.

SEC. 11. CHEMICAL SECURITY REPORTING.

    Not later than 6 months after the date of enactment of this Act, 
the Secretary shall submit to the Committee on Homeland Security and 
Governmental Affairs of the Senate and the Committee on Homeland 
Security and the Committee on Energy and Commerce of the House of 
Representatives an update of the national strategy for the chemical 
sector required to be submitted by the Secretary to the Committee on 
Appropriations of the Senate and the Committee on Appropriations of the 
House of Representatives by February 10, 2006.

SEC. 12. REVIEW BY THE GOVERNMENT ACCOUNTABILITY OFFICE.

    (a) Accessibility.--The Secretary shall provide access to the 
Government Accountability Office of any document or information 
required to be submitted to, generated by, or otherwise in the 
possession of the Department under this Act.
    (b) Review and Reports.--
            (1) In general.--Not later than January 1 of the first year 
        following the calendar year in which the regulations are 
        promulgated under section 4(a)(1), and on January 1 of each 
        year thereafter, the Government Accountability Office shall 
        submit a report described under paragraph (2) to--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    (B) the Committee on Homeland Security of the House 
                of Representatives and the Committee on Energy and 
                Commerce of the House of Representatives.
            (2) Contents.--Each report submitted under paragraph (1) 
        shall include--
                    (A) a review of site security plans, vulnerability 
                assessments, and emergency response plans under this 
                Act; and
                    (B) a determination of whether such plans and 
                assessments are in compliance with this Act.

SEC. 13. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.
                                 <all>