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







                                                       Calendar No. 495
109th CONGRESS
  2d 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, Mr. 
  Levin, Mr. Corzine, and Mr. Salazar) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

                             June 26, 2006

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

_______________________________________________________________________

                                 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,

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

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

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Chemical source.--The term ``chemical source'' 
        means a facility designated as a chemical source by the 
        Secretary under section 3.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (3) Department.--The term ``Department'' means the 
        Department of Homeland Security.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (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'').</DELETED>
        <DELETED>    (7) Owner or operator.--The term ``owner or 
        operator'' means any person who owns, leases, operates, 
        controls, or supervises a chemical source.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (9) Secretary.--The term ``Secretary'' means the 
        Secretary of Homeland Security.</DELETED>
        <DELETED>    (10) Security measure.--</DELETED>
                <DELETED>    (A) In general.--The term ``security 
                measure'' means an action to ensure or enhance the 
                security of a chemical source against a terrorist 
                incident.</DELETED>
                <DELETED>    (B) Inclusions.--The term ``security 
                measure'', with respect to a chemical source, includes 
                measures such as--</DELETED>
                        <DELETED>    (i) employee training and 
                        background and identification authentication 
                        checks;</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 ensure or enhance 
                        the security of a chemical source from a 
                        terrorist incident;</DELETED>
                        <DELETED>    (vii) the implementation of 
                        measures and controls to prevent, protect 
                        against, or reduce the consequences of a 
                        terrorist incident, including--</DELETED>
                                <DELETED>    (I) contingency and 
                                evacuation plans;</DELETED>
                                <DELETED>    (II) early warning 
                                systems; and</DELETED>
                                <DELETED>    (III) the relocation, 
                                hardening of the storage or 
                                containment, modification, processing, 
                                substitution, or reduction of 
                                substances of concern; and</DELETED>
                        <DELETED>    (viii) the conduct of any similar 
                        security-related activity, as determined by the 
                        Secretary.</DELETED>
        <DELETED>    (11) 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));</DELETED>
                <DELETED>    (B) ammonium nitrate, in a quantity to be 
                determined by the Secretary by regulation; 
                and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (13) Terrorist incident.--The term ``terrorist 
        incident'' means--</DELETED>
                <DELETED>    (A) a terrorist attack against a chemical 
                source;</DELETED>
                <DELETED>    (B) 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>    (C) the theft of a substance of concern by 
                a person for off-site release in furtherance of an act 
                of terrorism.</DELETED>

<DELETED>SEC. 3. DESIGNATION AND TIERING OF CHEMICAL SOURCES.</DELETED>

<DELETED>    (a) Designation.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) designate chemical sources in existence as of 
        that date.</DELETED>
<DELETED>    (b) Risk Factors To Be Considered.--In establishing 
criteria under subsection (a)(1) for designating chemical sources, the 
Secretary shall consider--</DELETED>
        <DELETED>    (1) the perceived threat to a facility, including 
        a consideration of adversary capabilities and intent, 
        preparedness, target attractiveness, and deterrence 
        capabilities;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (3) the threats to or potential impact on national 
        security or critical infrastructure caused by a terrorist 
        incident at a facility;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (5) the proximity of a facility to population 
        centers;</DELETED>
        <DELETED>    (6) the nature and quantity of substances of 
        concern at a facility; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Criteria for Facilities.--In establishing criteria 
under subsection (a)(1) for designating chemical sources, the Secretary 
shall--</DELETED>
        <DELETED>    (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));</DELETED>
        <DELETED>    (2) consider any other facility that produces, 
        uses, or stores a substance of concern; and</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (e) Tiered Security System.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) shall be based on the criteria 
                established by the Secretary under subsection 
                (a)(1);</DELETED>
                <DELETED>    (B) consists of several tiers of chemical 
                sources;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (3) Higher risk tiers.--The Secretary shall 
        designate 1 or more tiers established under paragraph (1) as 
        higher risk tiers.</DELETED>
<DELETED>    (f) Security Performance Standards.--</DELETED>
        <DELETED>    (1) In general.--The Secretary shall establish 
        security performance standards appropriate to the risk-based 
        tiers established under subsection (e).</DELETED>
        <DELETED>    (2) Contents.--The security performance standards 
        established under paragraph (1) shall--</DELETED>
                <DELETED>    (A) set increasingly strict security 
                requirements as the level of risk for the tier 
                increases;</DELETED>
                <DELETED>    (B) enable a chemical source to select 
                security measures that, in combination, satisfy the 
                security performance standards established by the 
                Secretary; and</DELETED>
                <DELETED>    (C) be based on the criteria in section 
                4(a)(2).</DELETED>
        <DELETED>    (3) Guidance.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (h) Subsequent Determinations.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Duty to report.--</DELETED>
                <DELETED>    (A) Facilities becoming operational.--
                </DELETED>
                        <DELETED>    (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--</DELETED>
                                <DELETED>    (I) the date of the 
                                promulgation of final rules under 
                                subsection (a)(1); or</DELETED>
                                <DELETED>    (II) the date that 
                                facility becomes operational.</DELETED>
                        <DELETED>    (ii) Facilities covered.--A 
                        facility described in this clause is a 
                        facility--</DELETED>
                                <DELETED>    (I) that becomes 
                                operational on or after the date of the 
                                designation of chemical sources under 
                                subsection (a)(2); and</DELETED>
                                <DELETED>    (II) at which a threshold 
                                quantity of a substance of concern is 
                                present.</DELETED>
                <DELETED>    (B) Existing facilities.--</DELETED>
                        <DELETED>    (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--</DELETED>
                                <DELETED>    (I) the date of the 
                                promulgation of final regulations under 
                                subsection (a)(1); or</DELETED>
                                <DELETED>    (II) the date on which the 
                                threshold quantity of a substance of 
                                concern is first present at that 
                                facility.</DELETED>
                        <DELETED>    (ii) Facilities covered.--A 
                        facility described in this clause is a 
                        facility--</DELETED>
                                <DELETED>    (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));</DELETED>
                                <DELETED>    (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</DELETED>
                                <DELETED>    (III) at which a threshold 
                                quantity of a substance of concern is 
                                present.</DELETED>
                <DELETED>    (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)).</DELETED>
                <DELETED>    (D) Regulations.--The Secretary may 
                promulgate regulations to carry out this 
                paragraph.</DELETED>
<DELETED>    (i) 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 a chemical substance, in a 
                particular threshold quantity, as a substance of 
                concern under this Act;</DELETED>
                <DELETED>    (B) exempt a chemical substance from 
                designation as a substance of concern under this Act; 
                and</DELETED>
                <DELETED>    (C) establish or revise the threshold 
                quantity for a chemical substance to be designated a 
                substance of concern.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Regulations.--The Secretary may make a 
        designation, exemption, or revision under paragraph (1) in the 
        regulations promulgated under subsection (a)(1).</DELETED>

<DELETED>SEC. 4. VULNERABILITY ASSESSMENTS, SITE SECURITY PLANS, AND 
              EMERGENCY RESPONSE 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--</DELETED>
                <DELETED>    (A) to conduct a vulnerability assessment, 
                evaluating the vulnerability of the chemical source to 
                a terrorist incident;</DELETED>
                <DELETED>    (B) to prepare and implement a site 
                security plan that addresses the risks identified in 
                the vulnerability assessment; and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (2) Regulatory criteria.--The regulations 
        promulgated under paragraph (1)--</DELETED>
                <DELETED>    (A) shall be risk-based, performance 
                based, and flexible; and</DELETED>
                <DELETED>    (B) shall include consideration of--
                </DELETED>
                        <DELETED>    (i) the criteria established by 
                        the Secretary under section 3(a)(1);</DELETED>
                        <DELETED>    (ii) cost and technical 
                        feasibility; and</DELETED>
                        <DELETED>    (iii) scale of 
                        operations.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (5) Contents of vulnerability assessment.--A 
        vulnerability assessment shall--</DELETED>
                <DELETED>    (A) be based on a rigorous methodology 
                developed or endorsed by the Secretary;</DELETED>
                <DELETED>    (B) incorporate any threat information 
                provided under paragraph (4);</DELETED>
                <DELETED>    (C) address the appropriate security 
                performance standards established by Secretary under 
                section 3(f); and</DELETED>
                <DELETED>    (D) include an analysis of--</DELETED>
                        <DELETED>    (i) physical security;</DELETED>
                        <DELETED>    (ii) communication 
                        systems;</DELETED>
                        <DELETED>    (iii) electronic, computer, or 
                        other automated systems which are utilized by 
                        the chemical source;</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (v) other areas, as determined by 
                        the Secretary.</DELETED>
        <DELETED>    (6) Contents of site security plan.--A site 
        security plan shall--</DELETED>
                <DELETED>    (A) indicate the tier applicable to the 
                chemical source, as determined by the Secretary under 
                section 3(e)(2);</DELETED>
                <DELETED>    (B) address the risks identified in the 
                vulnerability assessment;</DELETED>
                <DELETED>    (C) address the appropriate security 
                performance standards established by Secretary under 
                section 3(f);</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (E) include security measures to mitigate 
                the consequences of a terrorist incident;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (G) identify the roles and 
                responsibilities of employees at the chemical 
                source;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (7) Contents of emergency response plan.--
        </DELETED>
                <DELETED>    (A) In general.--An emergency response 
                plan shall--</DELETED>
                        <DELETED>    (i) specifically address the 
                        consequences of a terrorist incident identified 
                        in the vulnerability assessment prepared under 
                        paragraph (4);</DELETED>
                        <DELETED>    (ii) be consistent with the site 
                        security plan prepared under paragraph (6); 
                        and</DELETED>
                        <DELETED>    (iii) identify the roles and 
                        responsibilities of employees at the chemical 
                        source.</DELETED>
                <DELETED>    (B) Relationship to the national 
                contingency plan.--</DELETED>
                        <DELETED>    (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--</DELETED>
                                <DELETED>    (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</DELETED>
                                <DELETED>    (II) modified to satisfy 
                                the requirements of subparagraph 
                                (A).</DELETED>
                        <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Certification and Submission.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Review by the Secretary.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Compliance.--</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (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;</DELETED>
                        <DELETED>    (ii) shall consult with the owner 
                        or operator of the chemical source to identify 
                        appropriate steps to achieve 
                        compliance;</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (iv) if the owner or operator 
                        continues to be in noncompliance, may issue an 
                        order for the chemical source to cease 
                        operation.</DELETED>
                <DELETED>    (B) Compliance for higher risk tiers.--
                </DELETED>
                        <DELETED>    (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--</DELETED>
                                <DELETED>    (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</DELETED>
                                <DELETED>    (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).</DELETED>
                        <DELETED>    (ii) Enforcement.--The Secretary 
                        may issue an order to a chemical source in a 
                        higher risk tier to cease operation if the 
                        Secretary--</DELETED>
                                <DELETED>    (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</DELETED>
                                <DELETED>    (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).</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (d) Submission and Certification of Changes.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) notify the Secretary in 
                writing;</DELETED>
                <DELETED>    (B) provide a description of the change at 
                the chemical source; and</DELETED>
                <DELETED>    (C) either--</DELETED>
                        <DELETED>    (i) request a waiver from 
                        resubmitting the vulnerability assessment, 
                        security plan, and emergency response plan; 
                        or</DELETED>
                        <DELETED>    (ii) review and resubmit the 
                        vulnerability assessment, site security plan, 
                        and emergency response plan, with the 
                        appropriate modifications.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) provide a written notice to the 
                chemical source owner or operator, requiring 
                modifications addressing any matters specified in the 
                notice; and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (e) MTSA-REGULATED Facilities.--</DELETED>
        <DELETED>    (1) In general.--Except as provided in paragraph 
        (4), a chemical source that is also a MTSA-regulated facility 
        shall comply with this Act.</DELETED>
        <DELETED>    (2) Compliance.--</DELETED>
                <DELETED>    (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).</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (ii) certify in writing to the 
                        Federal Maritime Security Coordinator for the 
                        area in which the facility is located and the 
                        Secretary that--</DELETED>
                                <DELETED>    (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</DELETED>
                                <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (4) Exemption.--A chemical source that is a MTSA-
        regulated facility is exempt from section 6(d) of this 
        Act.</DELETED>
        <DELETED>    (5) Integration and coordination.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Coast guard.--The Secretary shall 
                ensure coordination between the Under Secretary for 
                Preparedness and the Coast Guard Commandant in carrying 
                out this Act.</DELETED>
<DELETED>    (f) Alternative Security Programs.--</DELETED>
        <DELETED>    (1) In general.--The Secretary may consider a 
        petition submitted by any person that describes--</DELETED>
                <DELETED>    (A) alternate procedures, protocols, and 
                standards established by an industry entity, Federal, 
                State, or local government authorities, or other 
                applicable laws; and</DELETED>
                <DELETED>    (B) the scope of chemical sources to which 
                such program would apply.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (3) Determination.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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)--
                </DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (ii) a chemical source covered by 
                        that program may submit the assessment or plans 
                        with the specified modifications.</DELETED>
                <DELETED>    (C) Form.--Any action taken by the 
                Secretary under this paragraph shall be made by rule, 
                regulation, or order.</DELETED>
        <DELETED>    (4) Review.--Nothing in this subsection shall 
        relieve the Secretary of the obligation--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) to approve or disapprove each 
                submission on an individual basis.</DELETED>
<DELETED>    (g) Periodic Review.--</DELETED>
        <DELETED>    (1) In general.--On the timeline established by 
        the Secretary under paragraph (2), the owner or operator of a 
        chemical source shall--</DELETED>
                <DELETED>    (A) review the adequacy of the 
                vulnerability assessment, site security plan, and 
                emergency response plan for the chemical 
                source;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (C) provide to the Secretary a description 
                of any changes to the vulnerability assessment, site 
                security plan, or emergency response plan.</DELETED>
        <DELETED>    (2) Timing.--The Secretary shall establish a 
        timeline for review appropriate to the tier level of the 
        chemical source that requires a review--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>

<DELETED>SEC. 5. RECORDKEEPING; SITE INSPECTIONS; PRODUCTION OF 
              INFORMATION.</DELETED>

<DELETED>    (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).</DELETED>
<DELETED>    (b) Right of Entry.--</DELETED>
        <DELETED>    (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--
        </DELETED>
                <DELETED>    (A) the premises of a chemical source; 
                and</DELETED>
                <DELETED>    (B) any premises on which any record 
                required to be maintained under subsection (a) is 
                located.</DELETED>
        <DELETED>    (2) Audits and inspections.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Scope.--Audits and inspections under 
                subparagraph (A) shall ensure and evaluate compliance 
                with this Act.</DELETED>
<DELETED>    (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--
</DELETED>
        <DELETED>    (1) any records, reports, or other information 
        described in subsection (a); and</DELETED>
        <DELETED>    (2) any other documentation necessary for the--
        </DELETED>
                <DELETED>    (A) review or analysis of a vulnerability 
                assessment or security plan; or</DELETED>
                <DELETED>    (B) implementation of a 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 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.</DELETED>

<DELETED>SEC. 6. INFRASTRUCTURE PROTECTION AND 
              IMPLEMENTATION.</DELETED>

<DELETED>    (a) Coordination.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Compliance Office.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Activities.--The Secretary, acting through the 
        Assistant Secretary for Infrastructure Protection, shall--
        </DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) provide leadership, personnel, 
                training, equipment, other resources as necessary, and 
                technical assistance to--</DELETED>
                        <DELETED>    (i) Federal, State and local 
                        government agencies;</DELETED>
                        <DELETED>    (ii) Infrastructure Protection 
                        Regional Security Offices; and</DELETED>
                        <DELETED>    (iii) Area Security Committees, as 
                        requested by the Federal Area Security 
                        Coordinator;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (D) review and approve each Area Security 
                Plan submitted under subsection (d); and</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (c) Infrastructure Protection Regional Security Offices.--
</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Membership and duties.--Each Infrastructure 
        Protection Regional Security Office shall--</DELETED>
                <DELETED>    (A) consist of--</DELETED>
                        <DELETED>    (i) the personnel of the 
                        Infrastructure Protection Office of the 
                        Department within the region; and</DELETED>
                        <DELETED>    (ii) a regional security advisory 
                        staff, to be appointed by the 
                        Secretary;</DELETED>
                <DELETED>    (B) review and approve each Area Security 
                Plan for the region to ensure coordination between 
                regions and States;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (D) perform other functions as assigned by 
                the Secretary necessary to implement the requirements 
                of this Act or help protect other critical 
                infrastructure.</DELETED>
<DELETED>    (d) Area Security Committees and Plans.--</DELETED>
        <DELETED>    (1) Designation of areas and federal area security 
        coordinators.--</DELETED>
                <DELETED>    (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).</DELETED>
                <DELETED>    (B) Requirements.--In designating areas 
                under subparagraph (A), the Secretary shall ensure 
                that--</DELETED>
                        <DELETED>    (i) except as provided in 
                        subparagraph (C), all parts of the United 
                        States are included in an area; and</DELETED>
                        <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (2) Establishment and designation.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (3) Duties.--</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) meet not less frequently than 
                        twice per year;</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (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.</DELETED>
                <DELETED>    (B) Coordinator.--Each Federal Area 
                Security Coordinator shall, for the area assigned to 
                such official--</DELETED>
                        <DELETED>    (i) conduct audits and inspections 
                        of chemical sources under this Act;</DELETED>
                        <DELETED>    (ii) provide appropriate guidance 
                        and support to chemical sources; and</DELETED>
                        <DELETED>    (iii) perform such other duties as 
                        are required by the Area Security Committee or 
                        the Secretary.</DELETED>
        <DELETED>    (4) Area security plans.--</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (B) Plan requirements.--The Area Security 
                Plan shall--</DELETED>
                        <DELETED>    (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;</DELETED>
                        <DELETED>    (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;</DELETED>
                        <DELETED>    (iii) reflect security and 
                        response post-incident investigative reports, 
                        as determined by the Secretary;</DELETED>
                        <DELETED>    (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;</DELETED>
                        <DELETED>    (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;</DELETED>
                        <DELETED>    (vi) be updated periodically by 
                        the Area Security Committee; and</DELETED>
                        <DELETED>    (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.</DELETED>
        <DELETED>    (5) Review.--Not later than 24 months after the 
        date of enactment of this Act, the Secretary shall--</DELETED>
                <DELETED>    (A) review each Area Security Plan 
                developed under paragraph (4);</DELETED>
                <DELETED>    (B) require amendments to any plan that 
                does not meet the requirements of this section; 
                and</DELETED>
                <DELETED>    (C) approve each plan that meets the 
                requirements of this section.</DELETED>
<DELETED>    (e) Area Exercises and Drills.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Scope of participation.--The drills and 
        exercises conducted under paragraph (1) may include 
        participation by--</DELETED>
                <DELETED>    (A) Federal, State, and local government 
                agencies, including law enforcement and first 
                responders;</DELETED>
                <DELETED>    (B) the owner and operator of any chemical 
                source in the area;</DELETED>
                <DELETED>    (C) members of local entities that plan 
                for emergency releases;</DELETED>
                <DELETED>    (D) representatives of other critical 
                infrastructure; and</DELETED>
                <DELETED>    (E) other participants as determined 
                appropriate by the Secretary or the designee of the 
                Secretary.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 7. HEIGHTENED SECURITY MEASURES.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Period of Order.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

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

<DELETED>    (a) Administrative Penalties.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) a written notice of the proposed 
                penalty; and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (3) Procedures.--The Secretary shall promulgate 
        regulations establishing procedures for administrative hearings 
        and appropriate review, including necessary 
        deadlines.</DELETED>
<DELETED>    (b) Civil Penalties.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 9. PROTECTION OF INFORMATION.</DELETED>

<DELETED>    (a) Disclosure Exemptions.--</DELETED>
        <DELETED>    (1) Records of the department.--</DELETED>
                <DELETED>    (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).</DELETED>
                <DELETED>    (B) Records not disclosed.--A record 
                described in this subparagraph is--</DELETED>
                        <DELETED>    (i) a vulnerability assessment, 
                        site security plan, or a security addendum to 
                        an emergency response plan obtained by the 
                        Department under section 4;</DELETED>
                        <DELETED>    (ii) an area security plan 
                        required under section 6(d)(4);</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (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--</DELETED>
                                <DELETED>    (I) describes a specific 
                                chemical source or the specific 
                                vulnerabilities of a chemical 
                                source;</DELETED>
                                <DELETED>    (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</DELETED>
                                <DELETED>    (III) would, if disclosed, 
                                be detrimental to the security of a 
                                chemical source.</DELETED>
        <DELETED>    (2) Records of other agencies.--</DELETED>
                <DELETED>    (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).</DELETED>
                <DELETED>    (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--</DELETED>
                        <DELETED>    (i) shall not disclose the record; 
                        and</DELETED>
                        <DELETED>    (ii) shall refer the request to 
                        the Department for processing and 
                        response.</DELETED>
                <DELETED>    (C) Records not disclosed.--A record 
                described in this subparagraph is any record--
                </DELETED>
                        <DELETED>    (i) described in paragraph (1)(B) 
                        that was shared by the Department with the 
                        agency under this section; and</DELETED>
                        <DELETED>    (ii) produced exclusively for the 
                        purposes of this Act by the agency, to the 
                        extent that the record contains information 
                        that--</DELETED>
                                <DELETED>    (I) describes a specific 
                                chemical source or the specific 
                                vulnerabilities of a chemical 
                                source;</DELETED>
                                <DELETED>    (II) was taken from a 
                                record described in clause (i); 
                                and</DELETED>
                                <DELETED>    (III) would, if disclosed, 
                                be detrimental to the security of a 
                                chemical source.</DELETED>
        <DELETED>    (3) Records of state or local government 
        agencies.--</DELETED>
                <DELETED>    (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).</DELETED>
                <DELETED>    (B) Records not disclosed.--A record 
                described in this subparagraph is any record--
                </DELETED>
                        <DELETED>    (i) described in paragraph (1)(B) 
                        that was shared by the Department with the 
                        State or local government agency under section 
                        6; and</DELETED>
                        <DELETED>    (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--</DELETED>
                                <DELETED>    (I) describes a specific 
                                chemical source or the specific 
                                vulnerabilities of a chemical source; 
                                and</DELETED>
                                <DELETED>    (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.</DELETED>
<DELETED>    (b) Public Information.--</DELETED>
        <DELETED>    (1) In general.--</DELETED>
                <DELETED>    (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:</DELETED>
                        <DELETED>    (i) Certifications.--A 
                        certification under section 4(b)(1).</DELETED>
                        <DELETED>    (ii) Order for failure to 
                        comply.--An order under section 
                        4(b)(3).</DELETED>
                        <DELETED>    (iii) Compliance certificates.--A 
                        certificate of compliance under paragraph 
                        (2).</DELETED>
                        <DELETED>    (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.</DELETED>
                <DELETED>    (B) Exception.--</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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.</DELETED>
                        <DELETED>    (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--</DELETED>
                                <DELETED>    (I) identifying the 
                                chemical source;</DELETED>
                                <DELETED>    (II) describing the 
                                record;</DELETED>
                                <DELETED>    (III) explaining the basis 
                                for the Secretary's determination; 
                                and</DELETED>
                                <DELETED>    (IV) describing any 
                                security measures being implemented by 
                                the chemical source.</DELETED>
        <DELETED>    (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: 
        ``</DELETED>____ <DELETED>(chemical source name) </DELETED>____ 
        <DELETED>is in compliance with the Chemical Facility Anti-
        Terrorism Act of 2005.''.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Development of Protocols.--</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (2) Requirements for protocols.--The protocols 
        established under paragraph (1) shall ensure, to the maximum 
        extent practicable, that--</DELETED>
                <DELETED>    (A) the records shall be maintained in a 
                secure location; and</DELETED>
                <DELETED>    (B) access to records shall be limited--
                </DELETED>
                        <DELETED>    (i) as may be necessary to--
                        </DELETED>
                                <DELETED>    (I) enable enforcement of 
                                this Act; or</DELETED>
                                <DELETED>    (II) address an imminent 
                                and substantial threat to security, 
                                health, safety, or the 
                                environment;</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (iii) to other persons granted 
                        access for the purpose of carrying out this 
                        Act.</DELETED>
        <DELETED>    (3) Other procedures in protocols.--The protocols 
        established under paragraph (1) shall also--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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.</DELETED>
<DELETED>    (d) Process for Reporting Problems.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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).</DELETED>
        <DELETED>    (6) GAO reporting.--The Comptroller General of the 
        United States shall, in the reports under section 12--
        </DELETED>
                <DELETED>    (A) describe the number and type of 
                problems, deficiencies, and vulnerabilities reported on 
                under this subsection; and</DELETED>
                <DELETED>    (B) evaluate the Secretary's efforts in 
                addressing such problems, deficiencies, and 
                vulnerabilities.</DELETED>
<DELETED>    (e) Protected Disclosures.--Nothing in this Act shall be 
construed to limit--</DELETED>
        <DELETED>    (1) the right of an individual to make any 
        disclosure--</DELETED>
                <DELETED>    (A) protected or authorized under section 
                2302(b)(8) or 7211 of title 5, United States Code; 
                or</DELETED>
                <DELETED>    (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</DELETED>
        <DELETED>    (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).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (g) Disclosure of Independently Furnished Information.--
</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (h) Other Obligations Unaffected.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (i) Availability of Information to Congress.--Nothing in 
this Act shall be construed to authorize information to be withheld 
from Congress.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) be imprisoned not more than 1 year, fined 
        under chapter 227 of title 18, United States Code, or both; 
        and</DELETED>
        <DELETED>    (2) if an officer or employee of the Government, 
        be removed from Federal office or employment.</DELETED>

<DELETED>SEC. 10. STATE AND OTHER LAWS.</DELETED>

        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 11. CHEMICAL SECURITY REPORTING.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 12. REVIEW BY THE GOVERNMENT ACCOUNTABILITY 
              OFFICE.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (b) Review and Reports.--</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and</DELETED>
                <DELETED>    (B) the Committee on Homeland Security of 
                the House of Representatives and the Committee on 
                Energy and Commerce of the House of 
                Representatives.</DELETED>
        <DELETED>    (2) Contents.--Each report submitted under 
        paragraph (1) shall include--</DELETED>
                <DELETED>    (A) a review of site security plans, 
                vulnerability assessments, and emergency response plans 
                under this Act; and</DELETED>
                <DELETED>    (B) a determination of whether such plans 
                and assessments are in compliance with this 
                Act.</DELETED>

<DELETED>SEC. 13. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Chemical Facility Anti-Terrorism Act 
of 2006''.

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) Protected information.--The term ``protected 
        information'' means--
                    (A) a vulnerability assessment, site security plan, 
                an area security plan required under section 6(d)(4), 
                and a security addendum to the emergency response plan 
                under section 4(a)(7)(C), prepared for the purposes of 
                this Act and obtained by the Department under section 
                4;
                    (B) materials obtained by the Department and 
                developed or produced by a chemical source exclusively 
                in preparation of records, documents, or information 
                referred to under subparagraph (A) or an emergency 
                response plan;
                    (C) any document or other information obtained by 
                the Secretary or a State or local government from a 
                chemical source in accordance with this Act, to the 
                extent that the document or information contains 
                information that--
                            (i) describes a specific chemical source or 
                        the specific vulnerabilities of a chemical 
                        source;
                            (ii) was taken from a record described 
                        under subparagraph (A) or (B) or from a copy of 
                        such record in the possession of the chemical 
                        source; and
                            (iii) would, if disclosed, be detrimental 
                        to the security of a chemical source; and
                    (D) any document prepared by, or provided to a 
                Federal agency or State or local government, to the 
                extent that the document contains information that--
                            (i) describes a specific chemical source or 
                        the specific vulnerabilities of a chemical 
                        source;
                            (ii) was taken from a record described 
                        under subparagraph (A) or (B) or from a copy of 
                        such record in the possession of the chemical 
                        source; and
                            (iii) would, if disclosed, be detrimental 
                        to the security of a chemical source.
            (9) 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).
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (11) 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 the 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.
            (12) 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) any other chemical substance designated as a 
                substance of concern by the Secretary under section 
                3(i), including ammonium nitrate, 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.
            (13) 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).
            (14) 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 or diversion 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 at which a risk factor described 
        in subsection (b) is present; 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, or any facility 
owned or operated by a licensee or certificate holder of the Nuclear 
Regulatory Commission.
    (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.--Not later than 1 year after the date of 
        enactment of this Act, 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 and consultation.--
                    (A) In general.--On the date on which the Secretary 
                establishes security performance standards under 
                paragraph (1), and based on the risk factors to be 
                considered under subsection (b), 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.
                    (C) Higher risk tiers.--At the request of the owner 
                or operator of a chemical source assigned to a higher 
                risk tier under subsection (e)(2), the Secretary shall 
                provide consultation on the types of security measures 
                that, if applied, could satisfy the security 
                performance standards.
    (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 a 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 subparagraphs (A) and (B).
    (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) employ or 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) the vulnerability of programmable 
                        electronic devices, computers, computer or 
                        communications networks or other automated 
                        systems which are utilized by the chemical 
                        source;
                            (iv) the sufficiency of security measures 
                        in place when the vulnerability assessment is 
                        prepared 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) include security measures that, in combination, 
                address--
                            (i) the risks identified in the 
                        vulnerability assessment; and
                            (ii) the appropriate security performance 
                        standards established by Secretary under 
                        section 3(f) for the tier applicable to the 
                        chemical source, as determined by the Secretary 
                        under section 3(e)(2);
                    (C) include security measures--
                            (i) sufficient to deter, to the maximum 
                        extent practicable, a terrorist incident or a 
                        substantial threat of such an incident;
                            (ii) to mitigate the consequences of a 
                        terrorist incident; and
                            (iii) to increase the security of 
                        programmable electronic devices, computers, 
                        computer or communications networks, and other 
                        automated systems.
                    (D) 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;
                    (E) identify the roles and responsibilities of 
                employees at the chemical source;
                    (F) 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;
                    (G) 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; and
                    (H) describe security measures that would be 
                implemented under an order issued by the Secretary or 
                the designee of the Secretary under section 7(a).
            (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 (5);
                            (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 to 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 and consultation to chemical sources.--
                    (A) In general.--On the date on which the Secretary 
                promulgates regulations under paragraph (1), the 
                Secretary shall provide 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) Higher risk tiers.--At the request of the owner 
                or operator of a chemical source assigned to a higher 
                risk tier under section 3(e)(2), the Secretary shall 
                provide consultation on achieving compliance with this 
                Act, including consultation on the guidance provided 
                under subparagraph (A).
    (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--
                    (A) 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;
                    (B) provide written notice to the owner or operator 
                of the chemical source regarding the determination of 
                whether the assessment and plans described in 
                subparagraph (A) comply with this section; and
                    (C) provide written notice to the owner or operator 
                of the chemical source, if the Secretary determines the 
                implementation of a plan described in subparagraph (A) 
                does not comply with this section.
            (2) Disapproval of site security plans.--Notwithstanding 
        any other provision of this subsection, the Secretary may not 
        disapprove a site security plan submitted under subsection 
        (b)(2) based on the presence or absence of a particular 
        security measure, if the site security plan satisfies the 
        security performance standards established under section 3(f) 
        for the tier applicable to the chemical source.
            (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 (1), or determines that the implementation of 
                such a plan does not comply with this section, 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) Interim notice.--Not later than 9 
                        months 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) conduct a preliminary review of 
                                the vulnerability assessment, site 
                                security plan, and emergency response 
                                plan submitted under subsection (b)(2) 
                                by a chemical source assigned to a 
                                higher risk tier under section 3(e)(2); 
                                and
                                    (II) provide notice and assistance 
                                in achieving compliance with this Act 
                                to any chemical source assigned to a 
                                higher risk tier under section 3(e)(2) 
                                for which the Secretary determines the 
                                vulnerability assessment, site security 
                                plan, or emergency response plan may 
                                not be approved under clause (ii).
                            (ii) Determination.--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 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 assigned 
                        to a higher risk tier under section 3(e)(2).
                            (iii) Implementation.--The Secretary shall 
                        determine whether implementation of the plans 
                        described in clause (ii) complies with this 
                        section.
                            (iv) Enforcement.--The Secretary may issue 
                        an order to a chemical source assigned to a 
                        higher risk tier under section 3(e)(2) to cease 
                        operation if the Secretary--
                                    (I) disapproves the vulnerability 
                                assessment, site security plan, or 
                                emergency response plan submitted by 
                                such chemical source under subsection 
                                (b)(2); or
                                    (II) determines that the 
                                implementation of a plan described in 
                                subclause (I) does not comply with this 
                                section.
                    (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 under subsection (b)(2) by a 
                chemical source that is not assigned to a higher risk 
                tier under section 3(e)(2), the Secretary shall 
                complete the review of the assessment, plans, and 
                implementation of such 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 assigned to a higher 
                risk tier under section 3(e)(2).
    (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 would have a 
        materially detrimental effect on 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;
                    (C) 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
                    (D) provide to the Secretary a description of any 
                changes to the vulnerability assessment, site security 
                plan, or emergency response plan.
            (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 
        any revised security measures are implemented, an owner or 
        operator of a chemical source shall ensure temporary security 
        measures are implemented to address, to the maximum extent 
        practicable, the vulnerabilities identified by the owner or 
        operator of the chemical source during preparation of the 
        assessment or plans.
    (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 
                under 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 (c)(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 (c)(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) Higher risk tiers.--
                            (i) In general.--Not later than 1 year 
                        after the date of submission of the 
                        vulnerability assessment, site security plan, 
                        and emergency response plan under section 
                        4(b)(2) by the owner or operator of a chemical 
                        source assigned to a higher risk tier under 
                        section 3(e)(2), and every year thereafter, the 
                        Secretary shall conduct an audit or inspection 
                        of such chemical source.
                            (ii) Federal area security coordinator 
                        audits.--An audit or inspection by a Federal 
                        Area Security Coordinator shall qualify as an 
                        audit or inspection under clause (i).
                            (iii) Exemption from annual audits and 
                        inspections.--
                                    (I) In general.--The Secretary may 
                                exempt a chemical source from annual 
                                audits or inspections under this 
                                subparagraph, if the chemical source 
                                has been found in compliance with this 
                                Act by the Secretary based upon 5 
                                consecutive years of audits or 
                                inspections.
                                    (II) Audits and inspections.--If 
                                the Secretary exempts a chemical source 
                                under this clause, during the 5-year 
                                period after the date of granting such 
                                exemption, and during each 5-year 
                                period thereafter, the Secretary shall 
                                conduct not less than 1 audit or 
                                unannounced inspection of such chemical 
                                source.
    (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 (or the regional 
        office of a successor agency with responsibility for emergency 
        management, preparedness, and response) 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 Security 
                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 affected 
                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 
                        each 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 3 years 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 recommendations, if any, to improve the programs, 
        plans, and procedures under this subsection. The annual reports 
        shall not include protected information.
    (f) Regulations.--The Secretary may promulgate such regulations as 
are necessary to carry out this section.

SEC. 7. HEIGHTENED SECURITY MEASURES.

    (a) In General.--If the Secretary determines, based on the risk 
factors described in section 3(b), 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 to implement the heightened 
security measures described under section 4(a)(6)(H). 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 for each day, and not more 
        than a maximum of $1,000,000 for each 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 and willfully violates any order issued by the Secretary 
under this Act or knowingly and willfully 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.--The Department shall not be 
        required under section 552 of title 5, United States Code, to 
        make available to the public protected information.
            (2) Records of other agencies.--If a Federal agency other 
        than the Department receives a request under section 552 of 
        title 5, United States Code, for protected information, that 
        Federal agency--
                    (A) shall not disclose the record; and
                    (B) shall refer the request to the Department for 
                processing and response.
            (3) Records of state or local government agencies.--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 protected information.
    (b) Certifications and Orders.--
            (1) In general.--
                    (A) Information not disclosed.--Except as provided 
                in subparagraph (B), the following records shall not 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.--Any other order or any 
                        notice of disapproval issued under this Act.
                    (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)(i) or 
                        (iii) regarding that chemical source would not 
                        increase the risk to the security of any 
                        chemical source, the Secretary may make the 
                        record available to the public under section 
                        552 of title 5, United States Code.
                            (ii) Notice to gao.--If the Secretary does 
                        not allow a record to be made available to the 
                        public under this subsection, 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 a 
        certificate of approval that contains the following statement: 
        ``____ (chemical source name) ____ is in compliance with the 
        Chemical Facility Anti-Terrorism Act of 2006.''.
            (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 
        containing protected information.
            (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, including providing such officials and 
                        first responders with information on the extent 
                        to which security of chemical sources in the 
                        State or local area is being achieved; 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 
                containing protected information 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; and
                    (D) establish procedures by which a record 
                containing protected information 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 containing 
        protected information 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 appropriate steps under this 
        Act to address any problems or deficiencies 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 the right of an individual to make any disclosure--
            (1) protected or authorized under section 2302(b)(8) or 
        7211 of title 5, United States Code;
            (2) protected under any other Federal or State law that 
        shields the disclosing individual against retaliation or 
        discrimination for having made the disclosure in the public 
        interest; or
            (3) 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.
    (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 containing protected information, 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 containing protected information 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 
containing protected information 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.
    (k) Public Availability of Information in Reports.--The Government 
Accountability Office shall not make any protected information 
available to the public in any report under section 12, except as 
provided under subsection (b)(1) of this section.

SEC. 10. STATE AND OTHER LAWS.

    (a) 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.
    (b) 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. JUDICIAL ACTIONS.

    (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 the United 
States Court of Appeals for the District of Columbia.
    (b) Orders.--
            (1) In general.--Except as provided in section 7(b), not 
        later than 60 days after the date of a final agency action 
        under this Act, the owner or operator of a chemical source 
        affected by such action may file a petition for judicial review 
        of the action or order with the United States district court 
        for the district in which--
                    (A) the chemical source is located; or
                    (B) the owner or operator of the chemical source 
                has a principal place of business.
            (2) Limitation of parties.--The parties in any civil action 
        commenced under paragraph (1) shall be limited to--
                    (A) the owner or operator filing the petition; and
                    (B) the Secretary.
    (c) Exclusivity of Remedies.--Except as provided in section 7(b) 
and subsections (a) and (b) of this section, no final agency action by 
the Secretary (including regulations) under this Act shall be subject 
to judicial review under chapter 7 of title 5, United States Code.
    (d) Standard of Review.--On the filing of a petition under 
subsection (a) or (b), the court 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.
    (e) Private Actions.--Nothing in this Act confers on any private 
person a right of action against an owner or operator of a chemical 
source to enforce any provision of this Act.

SEC. 14. AMMONIUM NITRATE.

    (a) Short Title.--This section may be cited as the ``Secure 
Handling of Ammonium Nitrate Act of 2006''.
    (b) Findings.--Congress finds that--
            (1) ammonium nitrate is an important fertilizer used to 
        produce a reliable and affordable food supply for the United 
        States and the world;
            (2) in the wrong hands, ammonium nitrate may be used for 
        illegal activities;
            (3) the production, importation, storage, sale, and 
        distribution of ammonium nitrate affects interstate and 
        intrastate commerce; and
            (4) it is necessary to regulate the production, storage, 
        sale, and distribution of ammonium nitrate.
    (c) Definitions.--In this section:
            (1) Ammonium nitrate.--The term ``ammonium nitrate'' means 
        solid ammonium nitrate that is chiefly the ammonium salt of 
        nitric acid and contains not less than 33 percent nitrogen by 
        weight.
            (2) Facility.--The term ``facility'' means any site where 
        ammonium nitrate is produced or sold.
            (3) Handle.--The term ``handle'' means to produce or sell 
        ammonium nitrate.
            (4) Handler.--The term ``handler'' means any person that 
        produces or sells ammonium nitrate.
            (5) Purchaser.--The term ``purchaser'' means any person who 
        buys or takes ownership of ammonium nitrate.
    (d) Regulation of Handling and Purchase of Ammonium Nitrate.--
            (1) In general.--The Secretary shall regulate the handling 
        and purchase of ammonium nitrate to prevent the 
        misappropriation or use of ammonium nitrate in violation of 
        law.
            (2) Regulations.--The Secretary shall promulgate 
        regulations that require--
                    (A) handlers--
                            (i) to register facilities;
                            (ii) to sell or distribute ammonium nitrate 
                        only to handlers and purchasers registered 
                        under this section; and
                            (iii) to maintain records of sale or 
                        distribution that include the name, address, 
                        telephone number, and registration number of 
                        the immediate subsequent purchaser of ammonium 
                        nitrate; and
                    (B) purchasers to be registered.
            (3) Use of previously submitted information.--Before 
        requiring a facility or handler to submit additional 
        information for registration under this subsection, the 
        Secretary shall--
                    (A) request from the Attorney General, and the 
                Attorney General shall provide, any information 
                previously submitted to the Attorney General by the 
                facility or handler under section 843 of title 18, 
                United States Code; and
                    (B) at the election of the facility or handler--
                            (i) use the license issued under that 
                        section instead of requiring additional 
                        information for registration under this 
                        subsection; and
                            (ii) consider the license to fully comply 
                        with the requirement for registration under 
                        this subsection.
            (4) Consultation.--In promulgating regulations under this 
        subsection, the Secretary shall consult with the Secretary to 
        Agriculture to ensure that the access of agricultural producers 
        to ammonium nitrate is not unduly burdened.
            (5) Protection of information.--Notwithstanding any other 
        provision of this Act, registration information under this 
        section shall be treated as protected information under this 
        Act.
    (e) Enforcement.--The Secretary may promulgate regulations that 
establish a process for periodic monitoring or auditing of handler 
records pertaining to the sale or transfer of ownership of ammonium 
nitrate to determine compliance with the requirements established under 
this section.
    (f) Administrative Provisions.--
            (1) Cooperative agreements.--The Secretary--
                    (A) may enter into a cooperative agreement with the 
                Secretary of Agriculture, or the head of any State 
                department of agriculture or its designee involved in 
                agricultural regulation, in consultation with the State 
                agency responsible for homeland security, to carry out 
                this section; and
                    (B) wherever possible, should seek to use 
                cooperation of State agricultural entities or their 
                designees that oversee handler operations when seeking 
                cooperative agreements to implement the registration 
                and enforcement provisions of this section.
            (2) Delegation.--
                    (A) In general.--The Secretary may delegate to a 
                State the authority to assist the Secretary in the 
                administration and enforcement of this section.
                    (B) Delegation required.--On the request of the 
                Governor of a State, the Secretary shall delegate to 
                the State the authority to carry out actions under 
                subsection (d) or (e), on a determination by the 
                Secretary that the State is capable of satisfactorily 
                carrying out that subsection.
                    (C) Funding.--If the Secretary enters into an 
                agreement with a State under this subsection to 
                delegate functions to the State, the Secretary shall 
                provide to the State adequate funds to enable the State 
                to carry out the functions.
    (g) Civil Liability.--
            (1) Unlawful acts.--It is unlawful for any person to--
                    (A) fail to perform any duty required by this 
                section;
                    (B) violate the terms of registration under this 
                section;
                    (C) fail to keep any record, make any report, or 
                allow any inspection required by this section; or
                    (D) violate any sale or distribution order issued 
                under this section.
            (2) Penalties.--
                    (A) In general.--A person that violates this 
                section may be assessed a civil penalty by the 
                Secretary of not more than $50,000 for each violation.
                    (B) Notice and opportunity for a hearing.--No civil 
                penalty shall be assessed under this subsection unless 
                the person charged has been given notice and 
                opportunity for a hearing on the charge in the county, 
                parish, or incorporated city of residence of the person 
                charged.
            (3) Jurisdiction over actions for civil damages.--The 
        district courts of the United States shall have exclusive 
        jurisdiction over any action for civil damages against a 
        handler for any harm or damage that is alleged to have resulted 
        from the use of ammonium nitrate in violation of law that 
        occurred on or after the date of enactment of this Act.

SEC. 15. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.
                                                       Calendar No. 495

109th CONGRESS

  2d Session

                                S. 2145

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                             June 26, 2006

                       Reported with an amendment