II 

Calendar No. 194 

112TH CONGRESS 

1ST SESSION S. 473 

To extend the chemical facility security program of the Department of 

Homeland Security, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 3, 2011 

Ms. COLLINS (for herself, Mr. PRYOR, Mr. PORTMAN, and Ms. LANDRIEU) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

OCTOBER 17, 2011 

Reported by Mr. LIEBERMAN, with amendments 

[Omit the part struck through and insert the part printed in italic] 

A BILL 

To extend the chemical facility security program of the 

Department of Homeland Security, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Continuing Chemical 

5 Facilities Antiterrorism Security Act of 2011’’. 


rfrederick on DSK6VPTVN1PROD with BILLS
2 

•S 473 RS

1 SEC. 2. EXTENSION OF CHEMICAL FACILITIES 

2 ANTITERRORISM SECURITY PROGRAM. 

3 (a) IN GENERAL.—Section 550(b) of the Department 

4 of Homeland Security Appropriations Act, 2007 (6 U.S.C. 

5 121 note) is amended by striking ‘‘October 4, 2010 Octo6 ber 4, 2011’’ and inserting ‘‘October 4, 2014’’. 

7 (b) CHEMICAL FACILITY SECURITY ENHANCE8 MENTS.— 

9 (1) IN GENERAL.—The Homeland Security Act 

10 of 2002 (6 U.S.C. 101 et seq.) is amended by add11 ing at the end the following: 

12 ‘‘TITLE XXI—CHEMICAL 

13 FACILITY SECURITY 

14 ‘‘SEC. 2101. DEFINITIONS. 

15 ‘‘In this title— 

16 ‘‘(1) the term ‘Board’ means the Chemical Fa17 cility Security Advisory Board established under sec18 tion 2105(a); 

19 ‘‘(2) the term ‘Chemical Facility Anti-Ter20 rorism Standards’ means the interim final regula21 tions issued by the Secretary under section 550 of 

22 the Department of Homeland Security Appropria23 tions Act, 2007 (6 U.S.C. 121 note); and 

24 ‘‘(3) the term ‘covered chemical facility’ means 

25 a chemical facility subject to the Chemical Facility 

26 Anti-Terrorism Standards. 


rfrederick on DSK6VPTVN1PROD with BILLS
3 

•S 473 RS

1 ‘‘SEC. 2102. CHEMICAL SECURITY TRAINING PROGRAM. 

2 ‘‘(a) ESTABLISHMENT.—Acting through the Admin3 istrator of the Federal Emergency Management Agency 

4 and in coordination with the Under Secretary for National 

5 Protection and Programs, the Secretary shall establish a 

6 voluntary chemical security training program (referred to 

7 in this section as the ‘training program’) for the purpose 

8 of enhancing the capabilities of covered chemical facilities 

9 to prevent, prepare for, respond to, mitigate against, and 

10 recover from threatened or actual acts of terrorism, nat11 ural disasters, and other man-made disasters. 

12 ‘‘(b) REQUIREMENTS.—The training program shall 

13 provide validated voluntary training that— 

14 ‘‘(1) reaches multiple disciplines, including Fed15 eral, State, and local government officials, commer16 cial personnel and management, and governmental 

17 and nongovernmental emergency response providers; 

18 ‘‘(2) provides training at the awareness, per19 formance, and management and planning levels; 

20 ‘‘(3) uses multiple training mediums and meth21 ods; 

22 ‘‘(4) is coordinated with training provided by 

23 government training facilities, academic institutions, 

24 private organizations, and other entities that provide 

25 specialized, state-of-the-art training for governVerDate Mar 15 2010 00:26 Oct 18, 2011 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S473.RS S473

rfrederick on DSK6VPTVN1PROD with BILLS
4 

•S 473 RS

1 mental and nongovernmental emergency responder 

2 providers or commercial personnel and management; 

3 ‘‘(5) uses, as appropriate, government training 

4 facilities, courses provided by community colleges, 

5 public safety academies, State and private univer6 sities, and other facilities; 

7 ‘‘(6) is consistent with, and supports implemen8 tation of, the National Incident Management Sys9 tem, the National Response Framework, the Na10 tional Infrastructure Protection Plan, the National 

11 Preparedness Guidance, the National Preparedness 

12 Goal, the National Maritime Transportation Security 

13 Plan, and other such national initiatives, and any 

14 successors thereto; 

15 ‘‘(7) is evaluated against clear and consistent 

16 performance measures; 

17 ‘‘(8) addresses security requirements under 

18 chemical facility security plans; and 

19 ‘‘(9) educates, trains, and involves individuals 

20 in neighborhoods around chemical facilities on how 

21 to observe and report security risks. 

22 ‘‘SEC. 2103. CHEMICAL SECURITY EXERCISE PROGRAM. 

23 ‘‘(a) IN GENERAL.—Acting through the Adminis24 trator of the Federal Emergency Management Agency and 

25 in coordination with Under Secretary for National ProtecVerDate Mar 15 2010 00:26 Oct 18, 2011 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S473.RS S473

rfrederick on DSK6VPTVN1PROD with BILLS
5 

•S 473 RS

1 tion and Programs, the Secretary shall develop a voluntary 

2 chemical security exercise program (referred to in this sec3 tion as the ‘exercise program’) for the purpose of offering 

4 voluntary testing and evaluation of the capabilities of the 

5 Federal Government, State governments, commercial per6 sonnel and management, governmental and nongovern7 mental emergency response providers, the private sector, 

8 or any other organization or entity, as the Secretary deter9 mines to be appropriate, to prevent, prepare for, mitigate 

10 against, respond to, and recover from acts of terrorism, 

11 natural disasters, and other emergencies at covered chem12 ical facilities. 

13 ‘‘(b) REQUIREMENTS.—Under the exercise program, 

14 the Secretary shall conduct, on a periodic basis, voluntary 

15 joint security exercises at chemical facilities that are— 

16 ‘‘(1) scaled and tailored to the needs of each 

17 chemical facility; 

18 ‘‘(2) for the highest risk chemical facilities, as 

19 determined by the Secretary, live training exercises; 

20 ‘‘(3) as realistic as practicable and based on 

21 current risk assessments, including credible threats, 

22 vulnerabilities, and consequences; 

23 ‘‘(4) consistent with the National Incident Man24 agement System, the National Response Framework, 

25 the National Infrastructure Protection Plan, the NaVerDate Mar 15 2010 00:26 Oct 18, 2011 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S473.RS S473

rfrederick on DSK6VPTVN1PROD with BILLS
6 

•S 473 RS

1 tional Preparedness Guidance, the National Pre2 paredness Goal, the National Maritime Transpor3 tation Security Plan, and other such national initia4 tives, and any successors thereto; 

5 ‘‘(5) evaluated against clear and consistent per6 formance measures; 

7 ‘‘(6) assessed to learn best practices, which 

8 shall be shared with appropriate Federal, State, and 

9 local officials, commercial personnel and manage10 ment, governmental and nongovernmental emergency 

11 response providers, and the private sector; 

12 ‘‘(7) followed by remedial action in response to 

13 lessons learned; and 

14 ‘‘(8) designed to assist State and local govern15 ments and chemical facilities in designing, imple16 menting, and evaluating exercises that— 

17 ‘‘(A) conform to the requirements of this 

18 paragraph; and 

19 ‘‘(B) are consistent with any applicable 

20 Buffer Zone Protection Plan, State homeland 

21 security plan, or urban area homeland security 

22 plan. 


rfrederick on DSK6VPTVN1PROD with BILLS
7 

•S 473 RS

1 ‘‘SEC. 2104. VOLUNTARY TECHNICAL ASSISTANCE PRO2 GRAM. 

3 ‘‘(a) ESTABLISHMENT.—The Secretary, acting 

4 through the Assistant Secretary for Infrastructure Protec5 tion, in coordination with the Under Secretary for Science 

6 and Technology, and in consultation with the Board, shall 

7 establish a voluntary technical assistance program under 

8 which, upon request by the owner or operator of a covered 

9 chemical facility, and subject to the availability of re10 sources at the Department, the Secretary may provide 

11 nonbinding assistance or recommendations to the owner 

12 or operator to— 

13 ‘‘(1) reduce the risk or consequences associated 

14 with a successful act of terrorism against a covered 

15 chemical facility, including the reduction of risk or 

16 consequences— 

17 ‘‘(A) sufficient to decrease the risk-based 

18 tier assigned to the covered chemical facility 

19 under the Chemical Facility Anti-Terrorism 

20 Standards; or 

21 ‘‘(B) such that the covered chemical facil22 ity no longer presents a high level of security 

23 risk; or 

24 ‘‘(2) aid in compliance with the risk-based per25 formance standards applicable to the covered chemVerDate Mar 15 2010 00:26 Oct 18, 2011 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S473.RS S473

rfrederick on DSK6VPTVN1PROD with BILLS
8 

•S 473 RS

1 ical facility under the Chemical Facility Anti-Ter2 rorism Standards. 

3 ‘‘(b) VOLUNTARY NATURE OF ASSISTANCE.— 

4 ‘‘(1) IN GENERAL.—The decision to— 

5 ‘‘(A) participate in the voluntary technical 

6 assistance program under this section; or 

7 ‘‘(B) implement any assistance or rec8 ommendations provided by the Secretary under 

9 this section, 

10 shall be at the sole discretion of the owner or oper11 ator of a covered chemical facility. 

12 ‘‘(2) NO REQUIRED ASSESSMENT.—The Sec13 retary may not require the owner or operator of a 

14 covered chemical facility to— 

15 ‘‘(A) consider any assistance or rec16 ommendation provided under this section as 

17 part of a security vulnerability assessment 

18 under the Chemical Facility Anti-Terrorism 

19 Standards; or 

20 ‘‘(B) assess, directly or indirectly, the 

21 costs, benefits, economic or technical feasibility, 

22 or practicality of implementing any assistance 

23 or recommendation provided under this section. 

24 ‘‘(3) SITE SECURITY PLAN REVIEW.—If the site 

25 security plan for a covered chemical facility satisfies 


rfrederick on DSK6VPTVN1PROD with BILLS
9 

•S 473 RS

1 the risk-based performance standards applicable to 

2 the covered chemical facility under the Chemical Fa3 cility Anti-Terrorism Standards, the Secretary may 

4 not disapprove the site security plan based on— 

5 ‘‘(A) a decision by the owner or operator 

6 of a covered chemical facility not to— 

7 ‘‘(i) participate in the voluntary tech8 nical assistance program under this sec9 tion; or 

10 ‘‘(ii) implement assistance or a rec11 ommendation provided by the Secretary 

12 under this section; or 

13 ‘‘(B) the presence or absence of a par14 ticular security measure. 

15 ‘‘(4) EFFECT ON TIERING.—At the request of 

16 the owner or operator of a covered chemical facility, 

17 the Secretary shall advise the owner or operator of 

18 the overall effect that implementing all categories of 

19 assistance or recommendations provided by the Sec20 retary under this section would have on the deter21 mination by the Secretary— 

22 ‘‘(A) of the placement of the covered chem23 ical facility in a risk-based tier under the Chem24 ical Facility Anti-Terrorism Standards; or 


rfrederick on DSK6VPTVN1PROD with BILLS
10 

•S 473 RS

1 ‘‘(B) regarding whether the covered chem2 ical facility would no longer present a high level 

3 of security risk. 

4 ‘‘(5) CIVIL LIABILITY.— 

5 ‘‘(A) IN GENERAL.—Subject to subpara6 graph (B), no action, or failure to act, by the 

7 owner or operator of a covered chemical facility 

8 relating to assistance or a recommendation pro9 vided by the Secretary under this section shall 

10 be interpreted, construed, implied, or applied to 

11 create any liability or cause of action for com12 pensation for bodily injury, any other injury, or 

13 property damage to any person that may result 

14 from an act of terrorism or incident at the cov15 ered chemical facility. 

16 ‘‘(B) ADDITIONAL OR INTERVENING ACTS

17 OR OMISSIONS.—Subparagraph (A) shall not 

18 apply to any injury or damage caused by any 

19 additional or intervening act or omission of the 

20 owner or operator of a covered chemical facility. 

21 ‘‘(C) RULE OF CONSTRUCTION.—Except as 

22 provided in this section, nothing in subpara23 graph (A) shall be construed to abrogate or 

24 limit any right, remedy, or authority that the 

25 Federal Government, any State or local governVerDate Mar 15 2010 00:26 Oct 18, 2011 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S473.RS S473

rfrederick on DSK6VPTVN1PROD with BILLS
11 

•S 473 RS

1 ment, or any entity or agency of the Federal 

2 Government or a State or local government may 

3 possess under any other provision of law. 

4 ‘‘(c) BEST PRACTICES.—Subject to subsection (d), 

5 the Secretary shall develop a repository for information 

6 and data on best practices and cost-effective technologies 

7 for implementing the Chemical Facility Anti-Terrorism 

8 Standards and the voluntary technical assistance program 

9 under this section. 

10 ‘‘(d) INFORMATION PROTECTION.—Any information 

11 obtained by the Secretary under the voluntary technical 

12 assistance program under this section or for purposes of 

13 subsection (c) shall— 

14 ‘‘(1) to the extent that the information may re15 veal vulnerabilities or other details of the security 

16 capabilities of a covered chemical facility that may 

17 be exploited by terrorists, be protected as chemical18 terrorism vulnerability information under the Chem19 ical Facility Anti-Terrorism Standards; and 

20 ‘‘(2) to the extent that the information may re21 veal trade secrets or commercial or financial infor22 mation that is not customarily in the public domain, 

23 be protected as though the information was volun24 tarily shared critical infrastructure information 

25 under section 214, except that the requirement 


rfrederick on DSK6VPTVN1PROD with BILLS
12 

•S 473 RS

1 under section 214 that the information be volun2 tarily submitted, including the requirement for an 

3 express statement specified in section 214(a)(2), 

4 shall not apply to information obtained under this 

5 section. 

6 ‘‘(e) REPORT ON LESSONS LEARNED.—Not later 

7 than October 4, 2013, the Secretary, in coordination with 

8 the Board, shall submit to the Committee on Homeland 

9 Security and Governmental Affairs of the Senate and the 

10 Committee on Homeland Security of the House of Rep11 resentatives a report regarding lessons learned from the 

12 voluntary technical assistance program under this section. 

13 ‘‘(f) AVAILABILITY OF APPROPRIATIONS.—Of the 

14 amounts made available for the Chemical Facility Anti15 Terrorism Standards for each of fiscal years 2011 2012 

16 through 2015 2014, not less than $5,000,000 shall be 

17 made available for the provision of voluntary technical as18 sistance under this section. 

19 ‘‘SEC. 2105. CHEMICAL FACILITY SECURITY ADVISORY 

20 BOARD. 

21 ‘‘(a) ESTABLISHMENT.—Not later than 90 days after 

22 the date of enactment of this section, the Secretary shall 

23 establish under section 871 a Chemical Facility Security 

24 Advisory Board. 


rfrederick on DSK6VPTVN1PROD with BILLS
13 

•S 473 RS

1 ‘‘(b) RESPONSIBILITIES.—The Board shall advise the 

2 Secretary on the implementation of the Chemical Facility 

3 Anti-Terrorism Standards, including regarding the imple4 mentation of the voluntary technical assistance program 

5 under section 2103 section 2104. 

6 ‘‘(c) MEMBERSHIP.—There shall be 9 members of the 

7 Board, who shall be appointed by the Secretary and shall 

8 represent a geographic and substantive cross-section of 

9 the United States, including— 

10 ‘‘(1) not less than 5 owners or operators of cov11 ered chemical facilities; 

12 ‘‘(2) not less than 2 employees of covered chem13 ical facilities with direct responsibility for process 

14 design and engineering, production and operations, 

15 or chemical process security; and 

16 ‘‘(3) not less than 2 other experts in the fields 

17 of chemistry, security, process design and engineer18 ing, process controls and instrumentation, environ19 mental health and safety, maintenance, production 

20 and operations, or chemical process security. 

21 ‘‘(d) TERM.—The members of the Board shall be ap22 pointed for such terms as the Secretary may determine. 

23 ‘‘(e) APPLICABILITY OF FEDERAL ADVISORY COM24 MITTEE ACT.—Notwithstanding section 871(a), except as 


rfrederick on DSK6VPTVN1PROD with BILLS
14 

•S 473 RS

1 provided in subsection (f), the Federal Advisory Com2 mittee Act (5 U.S.C. App.) shall apply to the Board. 

3 ‘‘(f) EXEMPTION FROM TERMINATION REQUIRE4 MENTS.—Section 14 of the Federal Advisory Committee 

5 Act (5 U.S.C. App.) and section 871(b) shall not apply 

6 to the Board. 

7 ‘‘SEC. 2106. AUTHORIZATION OF APPROPRIATIONS. 

8 ‘‘There are authorized to be appropriated to the Sec9 retary such sums as are necessary to carry out this title.’’. 

10 (2) TABLE OF CONTENTS.—The table of con11 tents in section 1(b) of the Homeland Security Act 

12 of 2002 (6 U.S.C. 101 et seq.) is amended by insert13 ing after the item relating to section 2022 the fol14 lowing: 

‘‘TITLE XXI—CHEMICAL FACILITY SECURITY 

‘‘Sec. 2101. Definitions. 

‘‘Sec. 2102. Chemical security training program. 

‘‘Sec. 2103. Chemical security exercise program. 

‘‘Sec. 2104. Voluntary technical assistance program. 

‘‘Sec. 2105. Chemical Facility Security Advisory Board. 

‘‘Sec. 2106. Authorization of appropriations.’’. 

15 (3) SUNSET.—Effective on the date on which au16 thority terminates under section 550(b) of the Depart17 ment of Homeland Security Appropriations Act, 2007 

18 (6 U.S.C. 121 note), the Homeland Security Act of 

19 2002 (6 U.S.C. 101 et seq.) is amended— 

20 (A) by striking title XXI; and 


rfrederick on DSK6VPTVN1PROD with BILLS
15 

•S 473 RS

1 (B) in the table of contents in section 1(b), 

2 by striking the items relating to title XXI and 

3 sections 2101 through 2106. 


rfrederick on DSK6VPTVN1PROD with BILLS
Calendar No. 194 

112TH CONGRESS 

1ST SESSION S. 473 

A BILL 

To extend the chemical facility security program of 

other purposes. the Department of Homeland Security, and for 

OCTOBER 17, 2011 

Reported with amendments 


rfrederick on DSK6VPTVN1PROD with BILLS