[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 994 Reported in Senate (RS)]
Calendar No. 509
108th CONGRESS
2d Session
S. 994
[Report No. 108-261]
To protect human health and the environment from the release of
hazardous substances by acts of terrorism.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 5, 2003
Mr. Inhofe (for himself and Mr. Miller) introduced the following bill;
which was read twice and referred to the Committee on Environment and
Public Works
May 11, 2004
Reported by Mr. Inhofe, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To protect human health and the environment from the release of
hazardous substances by acts of terrorism.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Chemical Facilities
Security Act of 2003''.</DELETED>
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress finds that--</DELETED>
<DELETED> (1) industries that manufacture, distribute, and
process chemicals are crucial components of the national
economy and the critical infrastructure of the United States--
</DELETED>
<DELETED> (A) in their own right; and</DELETED>
<DELETED> (B) because those industries supply
resources essential to the functioning of other
critical infrastructure;</DELETED>
<DELETED> (2) a terrorist attack on a facility that
manufactures, processes, or uses potentially dangerous
chemicals, or a theft of those chemicals from such a facility
for use in a terrorist attack, could pose a serious threat to--
</DELETED>
<DELETED> (A) public health, safety, and
welfare;</DELETED>
<DELETED> (B) critical infrastructure; and</DELETED>
<DELETED> (C) national security;</DELETED>
<DELETED> (3) to protect public health, safety, and welfare,
critical infrastructure, and national security, every
reasonable effort should be made to ensure the security of
sources of potentially dangerous chemicals against acts of
terrorism; and</DELETED>
<DELETED> (4) while programs to protect the health and
safety of workers, the public, and the environment by reducing
the potential for accidental releases of potentially dangerous
chemicals, including the consequences of worst-case releases of
those chemicals, are in place as required by numerous Federal
and State laws, the events of September 11, 2001, demonstrate
the need to ensure that appropriate security measures are taken
to address the threat of acts of terrorism against facilities
that manufacture, use, or process potentially dangerous
chemicals.</DELETED>
<DELETED>SEC. 3. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Chemical source.--The term ``chemical source''
means a non-Federal stationary source (as defined in section
112(r)(2) of the Clean Air Act (42 U.S.C. 7412(r)(2))) for
which--</DELETED>
<DELETED> (A) the owner or operator is required to
complete a risk management plan in accordance with
section 112(r)(7)(B)(ii) of the Clean Air Act (42
U.S.C. 7412(r)(7)(B)(ii)); and</DELETED>
<DELETED> (B) the Secretary is required to
promulgate implementing regulations under section 4(a)
of this Act.</DELETED>
<DELETED> (2) Department.--The term ``Department'' means the
Department of Homeland Security.</DELETED>
<DELETED> (3) Environment.--The term ``environment'' has the
meaning given the term in section 101 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601).</DELETED>
<DELETED> (4) Owner or operator.--The term ``owner or
operator'' has the meaning given the term in section 112(a) of
the Clean Air Act (42 U.S.C. 7412(a)).</DELETED>
<DELETED> (5) Release.--The term ``release'' has the meaning
given the term in section 101 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601).</DELETED>
<DELETED> (6) Secretary.--The term ``Secretary'' means the
Secretary of Homeland Security.</DELETED>
<DELETED> (7) Security measure.--</DELETED>
<DELETED> (A) In general.--The term ``security
measure'' means an action carried out to ensure or
enhance the security of a chemical source.</DELETED>
<DELETED> (B) Inclusions.--The term ``security
measure'', with respect to a chemical source, includes
measures such as--</DELETED>
<DELETED> (i) an employee training and
background check;</DELETED>
<DELETED> (ii) the limitation and prevention
of access to controls of the chemical
source;</DELETED>
<DELETED> (iii) the protection of the
perimeter of the chemical source;</DELETED>
<DELETED> (iv) the installation and
operation of intrusion detection
sensors;</DELETED>
<DELETED> (v) the implementation of measures
to increase computer or computer network
security;</DELETED>
<DELETED> (vi) the implementation of other
security-related measures to protect against or
reduce the threat of--</DELETED>
<DELETED> (I) a terrorist attack on
the chemical source; or</DELETED>
<DELETED> (II) the theft of a
substance of concern for offsite
release in furtherance of an act of
terrorism; and</DELETED>
<DELETED> (vii) conduct of any similar
security-related activity, as determined by the
Secretary.</DELETED>
<DELETED> (8) Substance of concern.--The term ``substance of
concern'' means--</DELETED>
<DELETED> (A) a chemical substance present at a
chemical source in quantities equal to or exceeding the
threshold quantities for the chemical substance, as
defined in or established under paragraphs (3) and (5)
of section 112(r) of the Clean Air Act (42 U.S.C.
7412(r)); and</DELETED>
<DELETED> (B) such other chemical substance as the
Secretary may designate under section 4(g).</DELETED>
<DELETED> (9) Terrorism.--The term ``terrorism'' has the
meaning given the term in section 2 of the Homeland Security
Act of 2002 (6 U.S.C. 101).</DELETED>
<DELETED> (10) Terrorist release.--The term ``terrorist
release'' means--</DELETED>
<DELETED> (A) a release from a chemical source into
the environment of a substance of concern that is
caused by an act of terrorism; and</DELETED>
<DELETED> (B) the theft of a substance of concern by
a person for off-site release in furtherance of an act
of terrorism.</DELETED>
<DELETED>SEC. 4. VULNERABILITY ASSESSMENTS AND SITE SECURITY
PLANS.</DELETED>
<DELETED> (a) Requirement.--</DELETED>
<DELETED> (1) In general.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall promulgate
regulations that require the owner or operator of each chemical
source included on the list described in subsection (f)(1)--
</DELETED>
<DELETED> (A) to conduct an assessment of the
vulnerability of the chemical source to a terrorist
release, including identifying hazards that may result
from a terrorist release;</DELETED>
<DELETED> (B) to prepare and implement a site
security plan that addresses the results of the
vulnerability assessment; and</DELETED>
<DELETED> (C) to provide to the Department, on
request, copies of the vulnerability assessment and
site security plan for review.</DELETED>
<DELETED> (2) Deadlines.--</DELETED>
<DELETED> (A) In general.--The Secretary shall
specify in regulations promulgated under paragraph (1)
specific deadlines for the completion and certification
of vulnerability assessments and site security plans
under subsection (b).</DELETED>
<DELETED> (B) Alternative deadlines.--The Secretary
may establish deadlines other than deadlines described
in subparagraph (A) for different categories of
chemical sources based on the regulatory criteria
specified in subsection (e).</DELETED>
<DELETED> (3) Contents of site security plan.--A site
security plan required under the regulations promulgated under
paragraph (1)--</DELETED>
<DELETED> (A)(i) shall include security measures to
reduce the vulnerability of the chemical source covered
by the plan to a terrorist release; and</DELETED>
<DELETED> (ii) may include other actions and
procedures appropriate to reduce the vulnerability of
the chemical source to a terrorist release;
and</DELETED>
<DELETED> (B) shall describe, at a minimum,
particular equipment, plans, and procedures that could
be implemented or used by or at the chemical source in
the event of a terrorist release.</DELETED>
<DELETED> (4) Threat information.--To the maximum extent
practicable under applicable authority and in the interests of
national security, the Secretary shall provide to an owner or
operator of a chemical source required to prepare a
vulnerability assessment and site security plan threat
information that is relevant to the chemical source.</DELETED>
<DELETED> (b) Certification and Submission.--</DELETED>
<DELETED> (1) In general.--Each owner or operator of a
chemical source shall certify in writing to the Secretary that
the owner or operator has completed a vulnerability assessment,
and has developed and implemented or is implementing a site
security plan, in accordance with this Act, including--
</DELETED>
<DELETED> (A) regulations promulgated under
subsection (a)(1); and</DELETED>
<DELETED> (B) any applicable procedures, protocols,
or standards endorsed or recognized by the Secretary
under subsection (c)(2).</DELETED>
<DELETED> (2) Copies.--An owner or operator of a chemical
source shall provide to the Secretary, upon request, copies of
the vulnerability assessment and site security plan of the
chemical source for review.</DELETED>
<DELETED> (3) Oversight.--The Secretary shall, at such times
and places as the Secretary determines to be appropriate,
conduct or require the conduct of vulnerability assessments and
other activities (including third-party audits) to ensure and
evaluate compliance with--</DELETED>
<DELETED> (A) this Act (including regulations
promulgated under subsection (a)(1)); and</DELETED>
<DELETED> (B) other applicable procedures,
protocols, or standards endorsed or recognized by the
Secretary under subsection (c)(2).</DELETED>
<DELETED> (c) Specified Standards.--</DELETED>
<DELETED> (1) In general.--The Secretary may--</DELETED>
<DELETED> (A) promulgate regulations establishing
procedures, protocols, and standards for vulnerability
assessments and site security plans; and</DELETED>
<DELETED> (B) establish provisions identifying
security measures that, if implemented, would establish
the sufficiency of a vulnerability assessment or site
security plan.</DELETED>
<DELETED> (2) Existing procedures, protocols, and
standards.--Upon petition by any person of the Secretary, and
after receipt by that person of a written response from the
Secretary, any procedures, protocols, and standards established
by the Secretary under regulations promulgated under paragraph
(1)(A) may--</DELETED>
<DELETED> (A) endorse or recognize procedures,
protocols, and standards--</DELETED>
<DELETED> (i) that are established by--
</DELETED>
<DELETED> (I) industry;</DELETED>
<DELETED> (II) Federal, State, or
local authorities; or</DELETED>
<DELETED> (III) other applicable
law; and</DELETED>
<DELETED> (ii) the requirements of which the
Secretary determines to be--</DELETED>
<DELETED> (I) substantially
equivalent to the requirements under
subsection (a); and</DELETED>
<DELETED> (II) in effect on or after
the date of enactment of this Act;
and</DELETED>
<DELETED> (B) require that a vulnerability
assessment and site security plan address a particular
threat or type of threat.</DELETED>
<DELETED> (3) No action by secretary.--If the Secretary does
not endorse or recognize existing procedures, protocols, and
standards described in paragraph (2)(A), the Secretary shall
provide to each person that submitted a petition under
paragraph (2) a written notification that includes a clear
explanation of the reasons why the endorsement or recognition
was not made.</DELETED>
<DELETED> (d) Preparation of Assessments and Plans.--As of the date
of endorsement or recognition by the Secretary of a particular
procedure, protocol, or standard under subsection (c)(1)(A), any
vulnerability assessment or site security plan that is prepared by a
chemical source before, on, or after the date of endorsement or
recognition of, and in accordance with, that procedure, protocol, or
standard, shall be exempt from subsection (c) and paragraphs (1) and
(3) of subsection (a) (including such a vulnerability assessment or
site security plan prepared before, on, or after the date of enactment
of this Act).</DELETED>
<DELETED> (e) Regulatory Criteria.--In exercising the authority
under subsections (a) and (c) with respect to a chemical source, the
Secretary shall consider--</DELETED>
<DELETED> (1) the likelihood that a chemical source will be
the target of terrorism;</DELETED>
<DELETED> (2) the nature and quantity of the substances of
concern present at a chemical source;</DELETED>
<DELETED> (3) the potential extent of death, injury, or
serious adverse effects to human health or the environment that
would result from a terrorist release;</DELETED>
<DELETED> (4) the potential harm to critical infrastructure
and national security from a terrorist release;</DELETED>
<DELETED> (5) cost and technical feasibility;</DELETED>
<DELETED> (6) scale of operations; and</DELETED>
<DELETED> (7) such other security-related factors as the
Secretary determines to be appropriate and necessary to protect
the public health and welfare, critical infrastructure, and
national security.</DELETED>
<DELETED> (f) List of Chemical Sources.--</DELETED>
<DELETED> (1) In general.--Not later than 180 days after the
date of enactment of this Act, the Secretary develop a list of
chemical sources in existence as of that date.</DELETED>
<DELETED> (2) Considerations.--In developing the list under
paragraph (1), the Secretary shall consider the criteria
specified in subsection (e).</DELETED>
<DELETED> (3) Future determinations.--Not later than 3 years
after the date of promulgation of regulations under subsections
(a)(1) and (c), and every 3 years thereafter, the Secretary
shall, after considering the criteria described in subsection
(e)--</DELETED>
<DELETED> (A) determine whether facilities not
included in the most recent list under paragraph (1)
(including, as of the date of the determination,
facilities that are operational and facilities that
will become operational in the future) shall be
considered to be a chemical source under this
Act;</DELETED>
<DELETED> (B) determine whether any chemical source
identified on the most recent list under paragraph (1)
no longer presents a risk sufficient to justify
retention of classification as a chemical source under
this Act; and</DELETED>
<DELETED> (C) update the list as
appropriate.</DELETED>
<DELETED> (4) Regulations.--The Secretary may make a
determination under this subsection in regulations promulgated
under subsection (a)(1).</DELETED>
<DELETED> (g) Designation, Exemption, and Adjustment of Threshold
Quantities of Substances of Concern.--</DELETED>
<DELETED> (1) In general.--The Secretary may, by
regulation--</DELETED>
<DELETED> (A) designate certain chemical substances
in particular threshold quantities as substances of
concerns under this Act;</DELETED>
<DELETED> (B) exempt certain chemical substances
from designation as substances of concern under this
Act; and</DELETED>
<DELETED> (C) adjust the threshold quantity of a
chemical substance.</DELETED>
<DELETED> (2) Considerations.--In designating or exempting a
chemical substance or adjusting the threshold quantity of a
chemical substance under paragraph (1), the Secretary shall
consider the potential extent of death, injury, or serious
adverse effects to human health or the environment that would
result from a terrorist release of the chemical
substance.</DELETED>
<DELETED> (3) Regulations.--The Secretary may make a
designation, exemption, or adjustment under this paragraph (1)
in regulations promulgated under subsection (a)(1).</DELETED>
<DELETED> (h) 5-Year Review.--Not later than 5 years after the date
of certification of a vulnerability assessment and a site security plan
under subsection (b)(1), and not less often than every 5 years
thereafter (or on such a schedule as the Secretary may establish by
regulation), the owner or operator of the chemical source covered by
the vulnerability assessment or site security plan shall--</DELETED>
<DELETED> (1) review the adequacy of the vulnerability
assessment and site security plan; and</DELETED>
<DELETED> (2)(A) certify to the Secretary that the chemical
source has completed the review and implemented any
modifications to the site security plan; and</DELETED>
<DELETED> (B) upon request by the Secretary, submit to the
Secretary a description of any changes to the vulnerability
assessment or site security plan.</DELETED>
<DELETED> (i) Protection of Information.--</DELETED>
<DELETED> (1) Disclosure exemption.--Except with respect to
certifications specified in subsections (b)(1)(A) and
(h)(2)(A), all information obtained in accordance with this
Act, and all information derived from that information
(including information shared with Federal, State, and local
governmental entities under paragraphs (2) and (3)), shall be
exempt from disclosure under--</DELETED>
<DELETED> (A) section 552 of title 5, United States
Code; or</DELETED>
<DELETED> (B) any State or local law providing for
public access to information.</DELETED>
<DELETED> (2) Development of Protocols.--</DELETED>
<DELETED> (A) In general.--The Secretary, in
consultation with the Director of the Office of
Management and Budget and appropriate Federal law
enforcement and intelligence officials, and in a manner
consistent with existing protections for sensitive or
classified information, shall, by regulation, establish
confidentiality protocols for maintenance and use of
information that is obtained from owners or operators
of chemical sources and provided to the Secretary under
this Act.</DELETED>
<DELETED> (B) Requirements for protocols.--A
protocol established under subparagraph (A) shall
ensure that--</DELETED>
<DELETED> (i) each copy of a vulnerability
assessment or site security plan submitted to
the Secretary, all information contained in or
derived from that assessment or plan, and other
information obtained under section 7, is
maintained in a secure location; and</DELETED>
<DELETED> (ii) except as provided in
paragraph (3)(B), or as necessary for judicial
enforcement, access to the copies of the
vulnerability assessments and site security
plans submitted to the Secretary, and other
information obtained under section 7, shall be
limited to persons designated by the
Secretary.</DELETED>
<DELETED> (3) Penalties for unauthorized disclosure.--
</DELETED>
<DELETED> (A) In general.--Except as provided in
subparagraph (B), any individual referred to in
paragraph (2)(B)(ii) who acquires any information
described in paragraph (2)(A) (including any
reproduction of that information or any information
derived from that information), and who knowingly or
recklessly discloses the information, shall--</DELETED>
<DELETED> (i) be imprisoned not more than 1
year, fined in accordance with chapter 227 of
title 18, United States Code (applicable to
class A misdemeanors), or both; and</DELETED>
<DELETED> (ii) be removed from Federal
office or employment.</DELETED>
<DELETED> (B) Exceptions.--</DELETED>
<DELETED> (i) In general.--Subparagraph (A)
shall not apply to a person described in that
subparagraph that discloses information
described in paragraph (2)(A)--</DELETED>
<DELETED> (I) to an individual
designated by the Secretary under
paragraph (2)(B)(ii);</DELETED>
<DELETED> (II) for the purpose of
section 7; or</DELETED>
<DELETED> (III) for use in any
administrative or judicial proceeding
to impose a penalty for failure to
comply with a requirement of this
Act.</DELETED>
<DELETED> (ii) Law enforcement officials and
first responders.--Notwithstanding subparagraph
(A), an individual referred to in paragraph
(2)(B)(ii) who is an officer or employee of the
United States may share with a State or local
law enforcement or other official (including a
first responder) the contents of a
vulnerability assessment or site security plan,
or other information described in that
paragraph, to the extent disclosure is
necessary to carry out this Act.</DELETED>
<DELETED>SEC. 5. ENFORCEMENT.</DELETED>
<DELETED> (a) Action by Secretary.--</DELETED>
<DELETED> (1) In general.--The Secretary, in accordance with
subsection (b), may--</DELETED>
<DELETED> (A) disapprove a vulnerability assessment
or site security plan submitted under this Act;
and</DELETED>
<DELETED> (B) order the owner or operator of the
chemical source that submitted the vulnerability
assessment or site security plan to revise, recertify,
and submit the assessment or plan to correct
deficiencies specified in the order.</DELETED>
<DELETED> (2) Failure to comply.--If an owner or operator of
a chemical source fails to certify or submit a vulnerability
assessment or site security plan in accordance with this Act,
the Secretary may issue an order requiring the certification
and submission of a vulnerability assessment or site security
plan in accordance with section 4(b).</DELETED>
<DELETED> (b) Disapproval.--The Secretary may disapprove under
subsection (a) a vulnerability assessment or site security plan
submitted under section 4(b) if the Secretary determines that--
</DELETED>
<DELETED> (1) the vulnerability assessment or site security
plan does not comply with regulations promulgated under
subsections (a)(1) and (c) of section 4; or</DELETED>
<DELETED> (2) the site security plan, or the implementation
of the site security plan, is insufficient to address--
</DELETED>
<DELETED> (A) the results of a vulnerability
assessment of a chemical source; or</DELETED>
<DELETED> (B) a threat of a terrorist
release.</DELETED>
<DELETED> (c) Compliance.--If the Secretary disapproves a
vulnerability assessment or site security plan of a chemical source
under subsection (b), the Secretary shall--</DELETED>
<DELETED> (1) provide the owner or operator of the chemical
source a written notification of the determination that
includes a clear explanation of deficiencies in the
vulnerability assessment, site security plan, or implementation
of the assessment or plan;</DELETED>
<DELETED> (2) consult with the owner or operator of the
chemical source to identify appropriate steps to achieve
compliance; and</DELETED>
<DELETED> (3) if, following that consultation, the owner or
operator of the chemical source does not achieve compliance in
accordance by such date as the Secretary determines to be
appropriate under the circumstances, issue an order requiring
the owner or operator to correct specified
deficiencies.</DELETED>
<DELETED> (d) Protection of Information.--Any determination of
disapproval or order made or issued under this section shall be exempt
from disclosure under--</DELETED>
<DELETED> (1) section 552 of title 5, United States Code;
and</DELETED>
<DELETED> (2) any State or local law providing for public
access to information.</DELETED>
<DELETED>SEC. 6. INTERAGENCY TECHNICAL SUPPORT AND
COOPERATION.</DELETED>
<DELETED> The Secretary--</DELETED>
<DELETED> (1) may request other Federal agencies to provide
technical and analytical support (other than field work) in
implementing this Act; and</DELETED>
<DELETED> (2) may provide reimbursement for such technical
and analytical support received as the Secretary determines to
be appropriate.</DELETED>
<DELETED>SEC. 7. RECORDKEEPING; SITE INSPECTIONS; PRODUCTION OF
INFORMATION.</DELETED>
<DELETED> (a) Recordkeeping.--The owner or operator of a chemical
source that is required to prepare a vulnerability assessment or site
security plan under section 4(a) shall maintain a current copy of those
documents.</DELETED>
<DELETED> (b) Right of Entry.--In carrying out this Act, the
Secretary (or a designee), on presentation of credentials, shall have a
right of entry to, on, or through--</DELETED>
<DELETED> (1) any premises of an owner or operator of a
chemical source described in subsection (a); and</DELETED>
<DELETED> (2) any premises on which any record required to
be maintained under subsection (a) is located.</DELETED>
<DELETED> (c) Requests for Records.--In carrying out this Act, the
Secretary (or a designee) may require the submission of, or, on
presentation of credentials, may at reasonable times seek access to and
copy--</DELETED>
<DELETED> (1) any records, reports, or other information
described in subsection (a); and</DELETED>
<DELETED> (2) any other documentation necessary for--
</DELETED>
<DELETED> (A) review or analysis of a vulnerability
assessment or site security plan; or</DELETED>
<DELETED> (B) implementation of a site security
plan.</DELETED>
<DELETED> (d) Compliance.--If the Secretary determines that an owner
or operator of a chemical source is not maintaining, producing, or
permitting access to records as required by this section, the Secretary
may issue an order requiring compliance with the relevant provisions of
this section.</DELETED>
<DELETED>SEC. 8. PENALTIES.</DELETED>
<DELETED> (a) Judicial Relief.--Any owner or operator of a chemical
source that violates or fails to comply with any order issued by the
Secretary under this Act or a site security plan submitted to the
Secretary under this Act (or, in the case of an exemption described in
section 4(d), a procedure, protocol, or standard endorsed or recognized
by the Secretary under section 4(c)) may, in a civil action brought in
United States district court, be subject, for each day on which the
violation occurs or the failure to comply continues, to--</DELETED>
<DELETED> (1) an order for injunctive relief; or</DELETED>
<DELETED> (2) a civil penalty of not more than
$50,000.</DELETED>
<DELETED> (b) Administrative Penalties.--</DELETED>
<DELETED> (1) Penalty orders.--The Secretary may issue an
administrative penalty of not more than $250,000 for failure to
comply with an order issued by the Secretary under this
Act.</DELETED>
<DELETED> (2) Notice and hearing.--Before issuing an order
described in paragraph (1), the Secretary shall provide to the
person against which the penalty is to be assessed--</DELETED>
<DELETED> (A) written notice of the proposed order;
and</DELETED>
<DELETED> (B) the opportunity to request, not later
than 30 days after the date on which the person
receives the notice, a hearing on the proposed
order.</DELETED>
<DELETED> (3) Procedures.--The Secretary may promulgate
regulations outlining the procedures for administrative
hearings and appropriate review, including necessary
deadlines.</DELETED>
<DELETED> (c) Treatment of Information in Judicial Proceedings.--
Information submitted or obtained by the Secretary, information derived
from that information, and information submitted by the Secretary under
this Act shall be treated in any judicial or administrative action as
if the information were classified material.</DELETED>
<DELETED>SEC. 9. PROVISION OF TRAINING.</DELETED>
<DELETED> The Secretary may provide training to State and local
officials and owners and operators in furtherance of the purposes of
this Act.</DELETED>
<DELETED>SEC. 10. NO EFFECT ON REQUIREMENTS UNDER OTHER LAW.</DELETED>
<DELETED> Except as provided in section 4(i), nothing in this Act
affects any duty or other requirement imposed under any other Federal
or State law.</DELETED>
SECTION. 1. SHORT TITLE.
This Act may be cited as the ``Chemical Facilities Security Act of
2004''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Alternative approaches.--The term ``alternative
approaches'' means ways of reducing the threat of a terrorist
release, as well as reducing the consequences of a terrorist
release from a chemical source, including approaches that--
(A) use smaller quantities of substances of
concern;
(B) replace a substance of concern with a less
hazardous substance; or
(C) use less hazardous processes.
(2) Chemical source.--The term ``chemical source'' means a
non-Federal stationary source (as defined in section 112(r)(2)
of the Clean Air Act (42 U.S.C. 7412(r)(2))) for which--
(A) the owner or operator is required to complete a
risk management plan in accordance with section
112(r)(7)(B)(ii) of the Clean Air Act (42 U.S.C.
7412(r)(7)(B)(ii)); and
(B) the Secretary is required to promulgate
implementing regulations under section 3(a) of this
Act.
(3) Consideration.--The term ``consideration'' includes--
(A) an analysis of alternative approaches,
including the benefits and risks of such approaches;
(B) the potential of the alternative approaches to
prevent or reduce the threat or consequences of a
terrorist release;
(C) the cost and technical feasibility of
alternative approaches; and
(D) the effect of alternative approaches on product
quality, product cost, and employee safety.
(4) Department.--The term ``Department'' means the
Department of Homeland Security.
(5) Environment.--The term ``environment'' has the meaning
given the term in section 101 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(42 U.S.C. 9601).
(6) Owner or operator.--The term ``owner or operator'' has
the meaning given the term in section 112(a) of the Clean Air
Act (42 U.S.C. 7412(a)).
(7) Release.--The term ``release'' has the meaning given
the term in section 101 of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C.
9601).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(9) Security measure.--
(A) In general.--The term ``security measure''
means an action carried out to ensure or enhance the
security of a chemical source.
(B) Inclusions.--The term ``security measure'',
with respect to a chemical source, includes measures
such as--
(i) an employee training and background
check;
(ii) the limitation and prevention of
access to controls of the chemical source;
(iii) the protection of the perimeter of
the chemical source;
(iv) the installation and operation of
intrusion detection sensors;
(v) the implementation of measures to
increase computer or computer network security;
(vi) the implementation of other security-
related measures to protect against or reduce
the threat of--
(I) a terrorist attack on the
chemical source; or
(II) the theft of a substance of
concern for offsite release in
furtherance of an act of terrorism;
(vii) the installation of measures and
controls to protect against or reduce the
consequences of a terrorist attack; and
(viii) the conduct of any similar security-
related activity, as determined by the
Secretary.
(10) Substance of concern.--The term ``substance of
concern'' means--
(A) a chemical substance present at a chemical
source in quantities equal to or exceeding the
threshold quantities for the chemical substance, as
defined in or established under paragraphs (3) and (5)
of section 112(r) of the Clean Air Act (42 U.S.C.
7412(r)); and
(B) such other chemical substance as the Secretary
may designate under section 3(g).
(11) Terrorism.--The term ``terrorism'' has the meaning
given the term in section 2 of the Homeland Security Act of
2002 (6 U.S.C. 101).
(12) Terrorist release.--The term ``terrorist release''
means--
(A) a release from a chemical source into the
environment of a substance of concern that is caused by
an act of terrorism; and
(B) the theft of a substance of concern by a person
for off-site release in furtherance of an act of
terrorism.
SEC. 3. VULNERABILITY ASSESSMENTS AND SITE SECURITY PLANS.
(a) Requirement.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall promulgate
regulations that require the owner or operator of each chemical
source included on the list described in subsection (f)(1)--
(A) to conduct an assessment of the vulnerability
of the chemical source to a terrorist release,
including identifying hazards that may result from a
terrorist release; and
(B) to prepare and implement a site security plan
that addresses the results of the vulnerability
assessment.
(2) Contents of site security plan.--A site security plan
required under the regulations promulgated under paragraph (1)
or any other plan determined to be substantially equivalent by
the Secretary under subsection (c)--
(A) shall include security measures to
significantly reduce the vulnerability of the chemical
source covered by the plan to a terrorist release;
(B) shall describe, at a minimum, particular
equipment, plans, and procedures that could be
implemented or used by or at the chemical source in the event of a
terrorist release; and
(C) shall include consideration and, where
practicable in the judgment of the owner or operator of
the chemical source, implementation of options to
reduce the threat of a terrorist release through the
use of alternative approaches.
(3) Promulgation.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall promulgate
regulations establishing procedures, protocols, regulations,
and standards for vulnerability assessments and site security
plans.
(4) Guidance to small entities.--Not later than 1 year
after the date of enactment of this Act, the Secretary shall
publish guidance to assist small entities in complying with
paragraph (2)(C).
(5) Threat information.--To the maximum extent practicable
under applicable authority and in the interests of national
security, the Secretary shall provide to an owner or operator
of a chemical source required to prepare a vulnerability
assessment and site security plan threat information that is
relevant to the chemical source.
(6) Coordinated assessments and plans.--The regulations
promulgated under paragraphs (1) and (3) shall permit the
development and implementation of coordinated vulnerability
assessments and site security plans in any case in which more
than 1 chemical source is operating at a single location or at
contiguous locations, including cases in which a chemical
source is under the control of more than 1 owner or operator.
(b) Certification and Submission.--
(1) In general.--Each owner or operator of a chemical
source shall certify in writing to the Secretary that the owner
or operator has completed a vulnerability assessment and has
developed and implemented or is implementing a site security
plan in accordance with this Act, including--
(A) regulations promulgated under paragraphs (1)
and (3) of subsection (a); and
(B) any applicable procedures, protocols, or
standards endorsed or recognized by the Secretary under
subsection (c)(1).
(2) Submission.--Not later than 18 months after the date of
promulgation of regulations under paragraphs (1) and (3) of
subsection (a), an owner or operator of a chemical source shall
provide to the Secretary copies of the vulnerability assessment
and site security plan of the chemical source for review.
(3) Oversight.--The Secretary shall, at such times and
places as the Secretary determines to be appropriate, conduct
or require the conduct of vulnerability assessments and other
activities (including third-party audits) to ensure and
evaluate compliance with--
(A) this Act (including regulations promulgated
under paragraphs (1) and (3) of subsection (a)); and
(B) other applicable procedures, protocols, or
standards endorsed or recognized by the Secretary under
subsection (c)(1).
(4) Submission of changes.--The owner or operator of a
chemical source shall--
(A) provide to the Secretary a description of any
significant change that is made to the vulnerability
assessment or site security plan required for the
chemical source under this section, not later than 90
days after the date the change is made; and
(B) update the certification of the vulnerability
assessment or site security plan.
(c) Specified Standards.--
(1) Existing procedures, protocols, and standards.--Upon
submission of a petition by any person to the Secretary, and
after receipt by that person of a written response from the
Secretary, any procedures, protocols, and standards established
by the Secretary under regulations promulgated under subsection
(a)(3) may--
(A) endorse or recognize procedures, protocols,
regulations, and standards--
(i) that are established by--
(I) industry;
(II) State or local authorities; or
(III) other applicable law; and
(ii) the requirements of which the
Secretary determines to be--
(I) substantially equivalent to the
requirements under subsections (a)(1),
(a)(2), and (a)(3); and
(II) in effect on or after the date
of enactment of this Act; and
(B) require that a vulnerability assessment and
site security plan address a particular threat or type
of threat.
(2) Notification of substantial equivalency.--If the
Secretary endorses or recognizes existing procedures,
protocols, regulations, and standards described in paragraph
(1)(A), the Secretary shall provide to the person that
submitted the petition a notice that the procedures, protocols,
regulations, and standards are substantially equivalent to the
requirements of paragraph (1) and paragraphs (1) and (3) of
subsection (a).
(3) No action by secretary.--If the Secretary does not
endorse or recognize existing procedures, protocols, and
standards described in paragraph (1)(A), the Secretary shall
provide to each person that submitted a petition under
paragraph (1) a written notification that includes a clear
explanation of the reasons why the endorsement or recognition
was not made.
(d) Preparation of Assessments and Plans.--As of the date of
endorsement or recognition by the Secretary of a particular procedure,
protocol, or standard under subsection (c)(1)(A), any vulnerability
assessment or site security plan that is prepared by a chemical source
before, on, or after the date of endorsement or recognition of, and in
accordance with, that procedure, protocol, or standard, shall, for the
purposes of subsection (b)(3) and section 4, be judged by the Secretary
against that procedure, protocol, or standard rather than the relevant
regulations promulgated under subsection (c) and paragraphs (1) and (3)
of subsection (a) (including such a vulnerability assessment or site
security plan prepared before, on, or after the date of enactment of
this Act).
(e) Regulatory Criteria.--In exercising the authority under
subsections (a) and (c) with respect to a chemical source, the
Secretary shall consider--
(1) the likelihood that a chemical source will be the
target of terrorism;
(2) the nature and quantity of the substances of concern
present at a chemical source;
(3) the potential extent of death, injury, or serious
adverse effects to human health or the environment that would
result from a terrorist release;
(4) the potential harm to critical infrastructure and
national security from a terrorist release;
(5) cost and technical feasibility;
(6) scale of operations; and
(7) such other security-related factors as the Secretary
determines to be appropriate and necessary to protect the
public health and welfare, critical infrastructure, and
national security.
(f) List of Chemical Sources.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall develop a list of
chemical sources in existence as of that date.
(2) Considerations.--In developing the list under paragraph
(1), the Secretary shall consider the criteria specified in
subsection (e).
(3) Future determinations.--Not later than 3 years after
the date of promulgation of regulations under subsection (c)
and paragraphs (1) and (3) of subsection (a), and every 3 years
thereafter, the Secretary shall, after considering the criteria
described in subsection (e)--
(A) determine whether additional facilities
(including, as of the date of the determination,
facilities that are operational and facilities that
will become operational in the future) shall be
considered to be a chemical source under this Act;
(B) determine whether any chemical source
identified on the most recent list under paragraph (1)
no longer presents a risk sufficient to justify
retention of classification as a chemical source under
this Act; and
(C) update the list as appropriate.
(4) Regulations.--The Secretary may make a determination
under this subsection in regulations promulgated under
paragraphs (1) and (3) of subsection (a).
(g) Designation, Exemption, and Adjustment of Threshold Quantities
of Substances of Concern.--
(1) In general.--The Secretary may, by regulation--
(A) designate certain chemical substances in
particular threshold quantities as substances of
concerns under this Act;
(B) exempt certain chemical substances from
designation as substances of concern under this Act;
and
(C) adjust the threshold quantity of a chemical
substance.
(2) Considerations.--In designating or exempting a chemical
substance or adjusting the threshold quantity of a chemical
substance under paragraph (1), the Secretary shall consider the
potential extent of death, injury, or serious adverse effects
to human health or the environment that would result from a
terrorist release of the chemical substance.
(3) Regulations.--The Secretary may make a designation,
exemption, or adjustment under paragraph (1) in regulations
promulgated under paragraphs (1) and (3) of subsection (a).
(h) 5-Year Review.--Not later than 5 years after the date of
certification of a vulnerability assessment and a site security plan
under subsection (b)(1), and not less often than every 5 years
thereafter (or on such a schedule as the Secretary may establish by
regulation), the owner or operator of the chemical source covered by
the vulnerability assessment or site security plan shall--
(1) review the adequacy of the vulnerability assessment and
site security plan; and
(2)(A) certify to the Secretary that the chemical source
has completed the review and implemented any modifications to
the site security plan; and
(B) submit to the Secretary a description of any changes to
the vulnerability assessment or site security plan.
(i) Protection of Information.--
(1) Disclosure exemption.--Except with respect to
certifications specified in subsections (b)(1)(A) and
(h)(2)(A), vulnerability assessments and site security plans
obtained in accordance with this Act, and materials developed
or produced exclusively in preparation of those documents
(including information shared with Federal, State, and local
government entities under paragraphs (3) through (5)), shall be
exempt from disclosure under--
(A) section 552 of title 5, United States Code; or
(B) any State or local law providing for public
access to information.
(2) No effect on other disclosure.--Nothing in this Act
affects the handling, treatment, or disclosure of information
obtained from chemical sources under any other law.
(3) Development of protocols.--
(A) In general.--The Secretary, in consultation
with the Director of the Office of Management and
Budget and appropriate Federal law enforcement and
intelligence officials, and in a manner consistent with
existing protections for sensitive or classified
information, shall, by regulation, establish
confidentiality protocols for maintenance and use of
information that is obtained from owners or operators
of chemical sources and provided to the Secretary under
this Act.
(B) Requirements for protocols.--A protocol
established under subparagraph (A) shall ensure that--
(i) each copy of a vulnerability assessment
or site security plan submitted to the
Secretary, all information contained in or
derived from that assessment or plan, and other
information obtained under section 6, is maintained in a secure
location; and
(ii) except as provided in paragraph
(5)(B), or as necessary for judicial
enforcement, access to the copies of the
vulnerability assessments and site security
plans submitted to the Secretary, and other
information obtained under section 6, shall be
limited to persons designated by the Secretary.
(4) Disclosure in civil proceedings.--In any Federal or
State civil or administrative proceeding in which a person
seeks to compel the disclosure or the submission as evidence of
sensitive information contained in a vulnerability assessment
or security plan required by subsection (a) or (b) and is not
otherwise subject to disclosure under other provisions of law--
(A) the information sought may be submitted to the
court under seal; and
(B) the court, or any other person, shall not
disclose the information to any person until the court,
in consultation with the Secretary, determines that the
disclosure of the information does not pose a threat to
public security or endanger the life or safety of any
person.
(5) Penalties for unauthorized disclosure.--
(A) In general.--Except as provided in subparagraph
(B), any individual referred to in paragraph (3)(B)(ii)
who acquires any information described in paragraph
(3)(A) (including any reproduction of that information
or any information derived from that information), and
who knowingly or recklessly discloses the information,
shall--
(i) be imprisoned not more than 1 year,
fined in accordance with chapter 227 of title
18, United States Code (applicable to class A
misdemeanors), or both; and
(ii) be removed from Federal office or
employment.
(B) Exceptions.--
(i) In general.--Subparagraph (A) shall not
apply to a person described in that
subparagraph that discloses information
described in paragraph (3)(A)--
(I) to an individual designated by
the Secretary under paragraph
(3)(B)(ii);
(II) for the purpose of section 6;
or
(III) for use in any administrative
or judicial proceeding to impose a
penalty for failure to comply with a
requirement of this Act.
(ii) Law enforcement officials and first
responders.--Notwithstanding subparagraph (A),
an individual referred to in paragraph
(3)(B)(ii) who is an officer or employee of the
United States may share with a State or local
law enforcement or other official (including a
first responder) the contents of a
vulnerability assessment or site security plan,
or other information described in that
paragraph, to the extent disclosure is
necessary to carry out this Act.
SEC. 4. ENFORCEMENT.
(a) Failure To Comply.--If an owner or operator of a chemical
source fails to certify or submit a vulnerability assessment or site
security plan in accordance with this Act, the Secretary may issue an
order requiring the certification and submission of a vulnerability
assessment or site security plan in accordance with section 3(b).
(b) Disapproval.--The Secretary may disapprove under subsection (a)
a vulnerability assessment or site security plan submitted under
section 3(b) if the Secretary determines that--
(1) the vulnerability assessment or site security plan does
not comply with regulations promulgated under paragraph (1) and
(3) of subsection (a) or the procedure, protocol, or standard
endorsed or recognized under section 3(c); or
(2) the site security plan, or the implementation of the
site security plan, is insufficient to address--
(A) the results of a vulnerability assessment of a
chemical source; or
(B) a threat of a terrorist release.
(c) Compliance.--If the Secretary disapproves a vulnerability
assessment or site security plan of a chemical source under subsection
(b), the Secretary shall--
(1) provide the owner or operator of the chemical source a
written notification of the determination that includes a clear
explanation of deficiencies in the vulnerability assessment,
site security plan, or implementation of the assessment or
plan;
(2) consult with the owner or operator of the chemical
source to identify appropriate steps to achieve compliance; and
(3) if, following that consultation, the owner or operator
of the chemical source does not achieve compliance in
accordance by such date as the Secretary determines to be
appropriate under the circumstances, issue an order requiring
the owner or operator to correct specified deficiencies.
(d) Emergency Powers.--
(1) Definition of emergency threat.--The term ``emergency
threat'' means a threat of a terrorist act that could result in
a terrorist release at a chemical source--
(A) that is beyond the scope of the site security
plan as implemented at the chemical source;
(B) the likelihood of the immediate occurrence of
which is high;
(C) the consequences of which would be severe; and
(D) based on the factors described in subparagraphs
(A) through (C), would not be appropriately and
reasonably addressed, or addressed in a timely manner,
by the Secretary under subsections (a) through (c).
(2) Initiation of action.--
(A) In general.--If the Secretary (in consultation
with State and local law enforcement officials)
determines that an emergency threat exists, the
Secretary may bring a civil action on behalf of the
United States in United States district court to
immediately require each covered source potentially
subject to the emergency threat to take such actions as
are necessary to respond to the emergency threat.
(B) Notice and participation.--The Secretary shall
provide to each covered source that is the subject of a
civil action under subparagraph (A)--
(i) notice of any injunctive relief to
compel compliance with this subsection that is
being sought; and
(ii) an opportunity to participate in any
proceedings relating to the civil action.
(3) Emergency orders.--
(A) In general.--If the Secretary determines that
it is not practicable to ensure prompt action to
protect public safety from an emergency threat by
commencing a civil action under paragraph (2), the
Secretary may issue such orders as are necessary to
ensure public safety.
(B) Consultation.--Before issuing an order under
subparagraph (A), the Secretary shall--
(i) consult with State and local law
enforcement officials; and
(ii) attempt to confirm the accuracy of the
information on which the action proposed to be
taken is based.
(C) Effectiveness of orders.--
(i) In general.--An order issued by the
Secretary under this paragraph shall be
effective for the 60-day period beginning on
the date of issuance of the order unless the
Secretary files a civil action under paragraph
(2) before the expiration of that period.
(ii) Extension of effective period.--With
respect to an order issued under this
paragraph, the Secretary may file a civil
action before the end of the 60-day period
described in clause (i) to extend the effective
period of the order for--
(I) 14 days; or
(II) such longer period as the
court in which the civil action is
filed may authorize.
(e) Protection of Information.--Any determination of disapproval or
order made or issued under this section shall be exempt from
disclosure--
(1) under section 552 of title 5, United States Code;
(2) under any State or local law providing for public
access to information; and
(3) except as provided in section 3(i)(4), in any Federal
or State civil or administrative proceeding.
SEC. 5. INTERAGENCY TECHNICAL SUPPORT AND COOPERATION.
The Secretary--
(1) may request other Federal agencies to provide technical
and analytical support (other than field work) in implementing
this Act; and
(2) may provide reimbursement for such technical and
analytical support received as the Secretary determines to be
appropriate.
SEC. 6. RECORDKEEPING; SITE INSPECTIONS; PRODUCTION OF INFORMATION.
(a) Recordkeeping.--The owner or operator of a chemical source that
is required to prepare a vulnerability assessment or site security plan
under section 3(a) shall maintain a current copy of those documents.
(b) Right of Entry.--In carrying out this Act, the Secretary (or a
designee), on presentation of credentials, shall have a right of entry
to, on, or through--
(1) any premises of an owner or operator of a chemical
source described in subsection (a); and
(2) any premises on which any record required to be
maintained under subsection (a) is located.
(c) Requests for Records.--In carrying out this Act, the Secretary
(or a designee) may require the submission of, or, on presentation of
credentials, may at reasonable times seek access to and copy--
(1) any records, reports, or other information described in
subsection (a); and
(2) any other documentation necessary for--
(A) review or analysis of a vulnerability
assessment or site security plan; or
(B) implementation of a site security plan.
(d) Compliance.--If the Secretary determines that an owner or
operator of a chemical source is not maintaining, producing, or
permitting access to records as required by this section, the Secretary
may issue an order requiring compliance with the relevant provisions of
this section.
SEC. 7. PENALTIES.
(a) Judicial Relief.--Any owner or operator of a chemical source
that violates or fails to comply with any order issued by the Secretary
under this Act or a site security plan submitted to the Secretary under
this Act (or, in the case of an exemption described in section 3(d), a
procedure, protocol, or standard endorsed or recognized by the
Secretary under section 3(c)) may, in a civil action brought in United
States district court, be subject, for each day on which the violation
occurs or the failure to comply continues, to--
(1) an order for injunctive relief; or
(2) a civil penalty of not more than $50,000.
(b) Administrative Penalties.--
(1) Penalty orders.--The Secretary may issue an
administrative penalty of not more than $250,000 for failure to
comply with an order issued by the Secretary under this Act.
(2) Notice and hearing.--Before issuing an order described
in paragraph (1), the Secretary shall provide to the person
against which the penalty is to be assessed--
(A) written notice of the proposed order; and
(B) the opportunity to request, not later than 30
days after the date on which the person receives the
notice, a hearing on the proposed order.
(3) Procedures.--The Secretary may promulgate regulations
outlining the procedures for administrative hearings and
appropriate review, including necessary deadlines.
(c) Treatment of Information in Judicial Proceedings.--Information
submitted or obtained by the Secretary, information derived from that
information, and information submitted by the Secretary under this Act
(except under section 11) shall be treated in any judicial or
administrative action as if the information were classified material.
SEC. 8. PROVISION OF TRAINING.
The Secretary may provide training to State and local officials and
owners and operators in furtherance of the purposes of this Act.
SEC. 9. JUDICIAL REVIEW.
(a) Regulations.--Not later than 60 days after the date of
promulgation of a regulation under this Act, any person may file a
petition for judicial review relating to the regulation with--
(1) the United States Court of Appeals for the District of
Columbia; or
(2) with the United States circuit court--
(A) having jurisdiction over the State in which the
person resides; or
(B) for the circuit in which the principal place of
business of the person is located.
(b) Final Agency Actions or Orders.--Not later than 60 days after
the date on which a covered source receives notice of an action or
order of the Secretary under this Act with respect to the chemical
source, the chemical source may file a petition for judicial review of
the action or order with the United States district court for the
district in which--
(1) the chemical source is located; or
(2) the owner or operator of the chemical source has a
principal place of business.
(c) Standard of Review.--
(1) In general.--On the filing of a petition under
subsection (a) or (b), the court of jurisdiction shall review
the regulation or other final action or order that is the
subject of the petition in accordance with chapter 7 of title
5, United States Code.
(2) Basis.--
(A) In general.--Judicial review of a regulation,
or of a final agency action or order described in
paragraph (1) that is based on an administrative
hearing held on the record, shall be based on the
record of the proceedings, comments, and other
information that the Secretary considered in
promulgating the regulation, taking the action, or
issuing the order being reviewed.
(B) Other actions and orders.--Judicial review of a
final agency action or order described in paragraph (1)
that is not described in subparagraph (A) shall be
based on any submissions to the Secretary relating to
the action or order, and any other information, that
the Secretary considered in taking the action or
issuing the order.
SEC. 10. NO EFFECT ON REQUIREMENTS UNDER OTHER LAW.
(a) In General.--Except as provided in section 3(i), nothing in
this Act affects any duty or other requirement imposed under any other
Federal or State law.
(b) Other Federal Law.--
(1) In general.--Notwithstanding subsection (a), a chemical
source that is required to prepare a facility vulnerability
assessment and implement a facility security plan under any
another Federal law may petition the Secretary to be subject to
the other Federal law in lieu of this Act.
(2) Determination of substantial equivalence.--If the
Secretary determines that a Federal law covered by a petition
submitted by a chemical source under paragraph (1) is
substantially equivalent to this Act--
(A) the Secretary may grant the petition; and
(B) the chemical source shall be subject to the
other Federal law in lieu of this Act.
SEC. 11. AGRICULTURAL BUSINESS SECURITY GRANT PROGRAM.
(a) Definition of Eligible Entity.--In this section, the term
``eligible entity'' means a retail or production agricultural business
(including a business that is engaged in the production or processing
of seafood) that employs not more than such number of individuals at a
chemical source included in the list described in section 3(f)(1) as
shall be determined by the Secretary, in consultation with the
Administrator of the Small Business Administration and the Secretary of
Agriculture.
(b) Grants.--The Secretary shall provide grants to an eligible
entity that is a chemical source included in the list described in
section 3(f)(1) selected under this section to enable the eligible
entity at the chemical source--
(1) to improve security measures; and
(2) to protect against or reduce the consequence of a
terrorist attack.
(c) Criteria.--In establishing criteria for the selection of, or in
otherwise selecting, eligible entities to receive a grant under this
section, the Secretary shall--
(1) consider on an individual, location-by-location basis,
each applicant for a grant; and
(2) require each eligible entity that receives a grant to
use funds from the grant only for the purposes described in
subsection (b) in accordance with guidance of the Secretary.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
Calendar No. 509
108th CONGRESS
2d Session
S. 994
[Report No. 108-261]
_______________________________________________________________________
A BILL
To protect human health and the environment from the release of
hazardous substances by acts of terrorism.
_______________________________________________________________________
May 11, 2004
Reported with an amendment