I 

111TH CONGRESS 

1ST SESSION H. R. 2868 

To amend the Homeland Security Act of 2002 to extend, modify, and recodify 

the authority of the Secretary of Homeland Security to enhance security 

and protect against acts of terrorism against chemical facilities, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 15, 2009 

Mr. THOMPSON of Mississippi (for himself, Mr. WAXMAN, Ms. JACKSON-LEE

of Texas, Mr. MARKEY of Massachusetts, Ms. CLARKE, and Mr. 

PASCRELL) introduced the following bill; which was referred to the Committee on Homeland Security, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To amend the Homeland Security Act of 2002 to extend, 

modify, and recodify the authority of the Secretary of 

Homeland Security to enhance security and protect 

against acts of terrorism against chemical facilities, 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 ‘‘Chemical Facility Anti5 Terrorism Act of 2009’’. 


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1 SEC. 2. FINDINGS AND PURPOSE. 

2 (a) FINDINGS.—Congress makes the following find3 ings: 

4 (1) The Nation’s chemical sector represents a 

5 target that terrorists could exploit to cause con6 sequences, including death, injury, or serious adverse 

7 effects to human health, the environment, critical in8 frastructure, public health, homeland security, na9 tional security, and the national economy. 

10 (2) Chemical facilities that pose such potential 

11 consequences and that are vulnerable to terrorist at12 tacks must be protected. 

13 (3) The Secretary of Homeland Security has 

14 statutory authority pursuant to section 550 of the 

15 Department of Homeland Security Appropriations 

16 Act, 2007 (Public Law 109–295) to regulate the se17 curity practices at chemical facilities that are at sig18 nificant risk of being terrorist targets. 

19 (4) The Secretary of Homeland Security issued 

20 interim final regulations called the Chemical Facility 

21 Anti-Terrorism Standards, which became effective 

22 on June 8, 2007. 

23 (b) PURPOSE.—The purpose of this Act is to modify 

24 and make permanent the authority of the Secretary of 

25 Homeland Security to regulate security practices at chem26 ical facilities. 


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1 SEC. 3. EXTENSION, MODIFICATION, AND RECODIFICATION 

2 OF AUTHORITY OF SECRETARY OF HOME3 LAND SECURITY TO REGULATE SECURITY 

4 PRACTICES AT CHEMICAL FACILITIES. 

5 (a) IN GENERAL.—The Homeland Security Act of 

6 2002 (6 U.S.C. 101 et seq.) is amended by adding at the 

7 end the following new title: 

8 ‘‘TITLE XXI—REGULATION OF SE9 CURITY PRACTICES AT CHEM10 ICAL FACILITIES 

11 ‘‘SEC. 2101. DEFINITIONS. 

12 ‘‘In this title, the following definitions apply: 

13 ‘‘(1) The term ‘chemical facility’ means any fa14 cility— 

15 ‘‘(A) at which the owner or operator of the 

16 facility possesses or plans to possess at any rel17 evant point in time a substance of concern; or 

18 ‘‘(B) that meets other risk-related criteria 

19 identified by the Secretary. 

20 ‘‘(2) The term ‘chemical facility security per21 formance standards’ means risk-based standards es22 tablished by the Secretary to ensure or enhance the 

23 security of a chemical facility against a chemical fa24 cility terrorist incident that are designed to address 

25 the following: 

26 ‘‘(A) Restricting the area perimeter. 


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1 ‘‘(B) Securing site assets. 

2 ‘‘(C) Screening and controlling access to 

3 the facility and to restricted areas within the 

4 facility by screening or inspecting individuals 

5 and vehicles as they enter, including— 

6 ‘‘(i) measures to deter the unauthor7 ized introduction of dangerous substances 

8 and devices that may facilitate a chemical 

9 facility terrorist incident or actions having 

10 serious negative consequences for the pop11 ulation surrounding the chemical facility; 

12 and 

13 ‘‘(ii) measures implementing a regu14 larly updated identification system that 

15 checks the identification of chemical facil16 ity personnel and other persons seeking ac17 cess to the chemical facility and that dis18 courages abuse through established dis19 ciplinary measures. 

20 ‘‘(D) Methods to deter, detect, and delay a 

21 chemical facility terrorist incident, creating suf22 ficient time between detection of a chemical fa23 cility terrorist incident and the point at which 

24 the chemical facility terrorist incident becomes 

25 successful, including measures to— 


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1 ‘‘(i) deter vehicles from penetrating 

2 the chemical facility perimeter, gaining un3 authorized access to restricted areas, or 

4 otherwise presenting a hazard to poten5 tially critical targets; 

6 ‘‘(ii) deter chemical facility terrorist 

7 incidents through visible, professional, well8 maintained security measures and systems, 

9 including security personnel, detection sys10 tems, barriers and barricades, and hard11 ened or reduced value targets; 

12 ‘‘(iii) detect chemical facility terrorist 

13 incidents at early stages through counter 

14 surveillance, frustration of opportunity to 

15 observe potential targets, surveillance and 

16 sensing systems, and barriers and barri17 cades; and 

18 ‘‘(iv) delay a chemical facility terrorist 

19 incident for a sufficient period of time so 

20 as to allow appropriate response through 

21 on-site security response, barriers and bar22 ricades, hardened targets, and well-coordi23 nated response planning. 


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1 ‘‘(E) Securing and monitoring the ship2 ping, receipt, and storage of a substance of con3 cern for the chemical facility. 

4 ‘‘(F) Deterring theft or diversion of a sub5 stance of concern. 

6 ‘‘(G) Deterring insider sabotage. 

7 ‘‘(H) Deterring cyber sabotage, including 

8 by preventing unauthorized onsite or remote ac9 cess to critical process controls, including super10 visory control and data acquisition systems, dis11 tributed control systems, process control sys12 tems, industrial control systems, critical busi13 ness systems, and other sensitive computerized 

14 systems. 

15 ‘‘(I) Developing and exercising an internal 

16 emergency plan for owners, operators, and cov17 ered individuals of a covered chemical facility 

18 for responding to chemical facility terrorist inci19 dents at the facility. Any such plan shall in20 clude the provision of appropriate information 

21 to any local emergency planning committee, 

22 local law enforcement officials, and emergency 

23 response providers to ensure an effective, collec24 tive response to terrorist incidents. 


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1 ‘‘(J) Maintaining effective monitoring, 

2 communications, and warning systems, includ3 ing— 

4 ‘‘(i) measures designed to ensure that 

5 security systems and equipment are in 

6 good working order and inspected, tested, 

7 calibrated, and otherwise maintained; 

8 ‘‘(ii) measures designed to regularly 

9 test security systems, note deficiencies, 

10 correct for detected deficiencies, and record 

11 results so that they are available for in12 spection by the Department; and 

13 ‘‘(iii) measures to allow the chemical 

14 facility to promptly identify and respond to 

15 security system and equipment failures or 

16 malfunctions. 

17 ‘‘(K) Ensuring mandatory annual security 

18 training, exercises, and drills of chemical facil19 ity personnel appropriate to their roles, respon20 sibilities, and access to chemicals, including 

21 participation by local law enforcement, local 

22 emergency response providers, appropriate su23 pervisory and non-supervisory facility employees 

24 and their employee representatives, if any. 


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1 ‘‘(L) Performing personnel surety for indi2 viduals with access to restricted areas or critical 

3 assets by conducting appropriate background 

4 checks and ensuring appropriate credentials for 

5 unescorted visitors and chemical facility per6 sonnel, including permanent and part-time per7 sonnel, temporary personnel, and contract per8 sonnel, including— 

9 ‘‘(i) measures designed to verify and 

10 validate identity; 

11 ‘‘(ii) measures designed to check 

12 criminal history; 

13 ‘‘(iii) measures designed to verify and 

14 validate legal authorization to work; and 

15 ‘‘(iv) measures designed to identify 

16 people with terrorist ties. 

17 ‘‘(M) Escalating the level of protective 

18 measures for periods of elevated threat. 

19 ‘‘(N) Specific threats, vulnerabilities, or 

20 risks identified by the Secretary for that chem21 ical facility. 

22 ‘‘(O) Reporting of significant security inci23 dents to the Department and to appropriate 

24 local law enforcement officials. 


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1 ‘‘(P) Identifying, investigating, reporting, 

2 and maintaining records of significant security 

3 incidents and suspicious activities in or near the 

4 site. 

5 ‘‘(Q) Establishing one or more officials and 

6 an organization responsible for— 

7 ‘‘(i) security; 

8 ‘‘(ii) compliance with the standards 

9 under this paragraph; 

10 ‘‘(iii) serving as the point of contact 

11 for incident management purposes with 

12 Federal, State, local, and tribal agencies, 

13 law enforcement, and emergency response 

14 providers; and 

15 ‘‘(iv) coordination with Federal, State, 

16 local, and tribal agencies, law enforcement, 

17 and emergency response providers regard18 ing plans and security measures for the 

19 collective response to a chemical facility 

20 terrorist incident. 

21 ‘‘(R) Maintaining appropriate records re22 lating to the security of the facility, including a 

23 copy of the most recent security vulnerability 

24 assessment and site security plan at the chem25 ical facility. 


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1 ‘‘(S) Assessing and, as appropriate, uti2 lizing methods to reduce the consequences of a 

3 terrorist attack. 

4 ‘‘(T) Methods to recover or mitigate the 

5 release of a substance of concern in the event 

6 of a chemical facility terrorist incident. 

7 ‘‘(U) Any additional security performance 

8 standards the Secretary may specify. 

9 ‘‘(3) The term ‘chemical facility terrorist inci10 dent’ means any act or attempted act of terrorism 

11 or terrorist activity committed at, near, or against a 

12 chemical facility, including— 

13 ‘‘(A) the release of a substance of concern 

14 from a chemical facility; 

15 ‘‘(B) the theft, misappropriation, or misuse 

16 of a substance of concern from a chemical facil17 ity; or 

18 ‘‘(C) the sabotage of a chemical facility or 

19 a substance of concern at a chemical facility. 

20 ‘‘(4) The term ‘employee representative’ means 

21 the representative of the certified or recognized bar22 gaining agent engaged in a collective bargaining re23 lationship with a private or public owner or operator 

24 of a chemical facility. 


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1 ‘‘(5) The term ‘covered individual’ means a per2 manent, temporary, full-time, or part-time employee 

3 of a covered chemical facility or an employee of an 

4 entity with which the covered chemical facility has 

5 entered into a contract who is performing respon6 sibilities at the facility pursuant to the contract. 

7 ‘‘(6) The term ‘covered chemical facility’ means 

8 a chemical facility that meets the criteria of section 

9 2102(b)(1). 

10 ‘‘(7) The term ‘environment’ means— 

11 ‘‘(A) the navigable waters, the waters of 

12 the contiguous zone, and the ocean waters of 

13 which the natural resources are under the ex14 clusive management authority of the United 

15 States under the Magnuson-Stevens Fishery 

16 Conservation and Management Act (16 U.S.C. 

17 1801 et seq.); and 

18 ‘‘(B) any other surface water, ground 

19 water, drinking water supply, land surface or 

20 subsurface strata, or ambient air within the 

21 United States or under the jurisdiction of the 

22 United States. 

23 ‘‘(8) The term ‘owner or operator’ with respect 

24 to a facility means any of the following: 

25 ‘‘(A) The person who owns the facility. 


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1 ‘‘(B) The person who has responsibility for 

2 daily operation of the facility. 

3 ‘‘(C) The person who leases the facility. 

4 ‘‘(9) The term ‘person’ means an individual, 

5 trust, firm, joint stock company, corporation (includ6 ing a government corporation), partnership, associa7 tion, State, municipality, commission, political sub8 division of a State, or any interstate body and shall 

9 include each department, agency, and instrumen10 tality of the United States. 

11 ‘‘(10) The term ‘release’ means any spilling, 

12 leaking, pumping, pouring, emitting, emptying, dis13 charging, injecting, escaping, leaching, dumping, or 

14 disposing into the environment (including the aban15 donment or discarding of barrels, containers, and 

16 other closed receptacles containing any hazardous 

17 substance or pollutant or contaminant), but excludes 

18 (A) any release which results in exposure to persons 

19 solely within a workplace, with respect to a claim 

20 which such persons may assert against the employer 

21 of such persons, (B) emissions from the engine ex22 haust of a motor vehicle, rolling stock, aircraft, ves23 sel, or pipeline pumping station engine, (C) release 

24 of source, byproduct, or special nuclear material 

25 from a nuclear incident, as those terms are defined 


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1 in the Atomic Energy Act of 1954 (42 U.S.C. 2011 

2 et seq.), if such release is subject to requirements 

3 with respect to financial protection established by 

4 the Nuclear Regulatory Commission under section 

5 170 of such Act (42 U.S.C. 2210), or, for the pur6 poses of section 104 of the Comprehensive Environ7 mental Response Compensation and Liability Act of 

8 1980 (42 U.S.C. 9604) or any other response action, 

9 any release of source byproduct, or special nuclear 

10 material from any processing site designated under 

11 section 102(a)(1) or 302(a) of the Uranium Mill 

12 Tailings Radiation Control Act of 1978 (42 U.S.C. 

13 7912(a)(1); and (D) the normal application of fer14 tilizer. 

15 ‘‘(11) The term ‘substance of concern’ means a 

16 chemical substance in quantity and form that is so 

17 designated by the Secretary under section 2102(a). 

18 ‘‘(12) The term ‘method to reduce the con19 sequences of a terrorist attack’ means a measure 

20 used at a chemical facility that reduces or eliminates 

21 the potential consequences of a chemical facility ter22 rorist incident, including— 

23 ‘‘(A) the elimination or reduction in the 

24 amount of a substance of concern possessed or 

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1 ator of a covered chemical facility through the 

2 use of alternate substances, formulations, or 

3 processes; 

4 ‘‘(B) the modification of pressures, tem5 peratures, or concentrations of a substance of 

6 concern; and 

7 ‘‘(C) the reduction or elimination of onsite 

8 handling of a substance of concern through im9 provement of inventory control or chemical use 

10 efficiency. 

11 ‘‘SEC. 2102. RISK-BASED DESIGNATION AND RANKING OF 

12 CHEMICAL FACILITIES. 

13 ‘‘(a) SUBSTANCES OF CONCERN.— 

14 ‘‘(1) DESIGNATION BY THE SECRETARY.—The 

15 Secretary may designate any chemical substance as 

16 a substance of concern and establish the threshold 

17 quantity for each such substance of concern. 

18 ‘‘(2) MATTERS FOR CONSIDERATION.—In desig19 nating a chemical substance or establishing or ad20 justing the threshold quantity for a chemical sub21 stance under paragraph (1), the Secretary shall con22 sider the potential extent of death, injury, and seri23 ous adverse effects to human health, the environ24 ment, critical infrastructure, public health, homeland 

25 security, national security, and the national economy 


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1 that could result from a chemical facility terrorist 

2 incident. 

3 ‘‘(b) LIST OF COVERED CHEMICAL FACILITIES.— 

4 ‘‘(1) CRITERIA FOR LIST OF FACILITIES.—The 

5 Secretary shall maintain a list of covered chemical 

6 facilities that the Secretary determines are of suffi7 cient security risk for inclusion on the list based on 

8 the following criteria: 

9 ‘‘(A) The potential threat or likelihood that 

10 the chemical facility will be the target of a 

11 chemical facility terrorist incident. 

12 ‘‘(B) The potential extent and likelihood of 

13 death, injury, or serious adverse effects to 

14 human health, the environment, critical infra15 structure, public health, homeland security, na16 tional security, and the national economy that 

17 could result from a chemical facility terrorist 

18 incident. 

19 ‘‘(C) The proximity of the chemical facility 

20 to large population centers. 

21 ‘‘(2) SUBMISSION OF INFORMATION.—The Sec22 retary may require the submission of information 

23 with respect to the quantities of substances of con24 cern that an owner or operator of a chemical facility 

25 possesses or plans to possess in order to determine 


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1 whether to designate a chemical facility as a covered 

2 chemical facility for purposes of this title. 

3 ‘‘(c) ASSIGNMENT OF CHEMICAL FACILITIES TO

4 RISK-BASED TIERS.— 

5 ‘‘(1) ASSIGNMENT.—The Secretary shall assign 

6 each covered chemical facility to one of four risk7 based tiers established by the Secretary, with tier 

8 one representing the highest degree of risk and tier 

9 four the lowest degree of risk. 

10 ‘‘(2) PROVISION OF INFORMATION.—The Sec11 retary may request, and the owner or operator of a 

12 covered chemical facility shall provide, any additional 

13 information beyond any information required to be 

14 submitted under subsection (b)(2) that may be nec15 essary for the Secretary to assign the chemical facil16 ity to the appropriate tier under paragraph (1). 

17 ‘‘(3) NOTIFICATION.—Not later than 60 days 

18 after the date on which the Secretary determines 

19 that a chemical facility is a covered chemical facility 

20 or is no longer a covered chemical facility or changes 

21 the tier assignment under paragraph (1) of a cov22 ered chemical facility, the Secretary shall notify the 

23 owner or operator of that chemical facility of that 

24 determination or change together with the reason for 

25 the determination or change and, upon the request 


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1 of the owner or operator of a covered chemical facil2 ity, provide to the owner or operator of the covered 

3 chemical facility the following information: 

4 ‘‘(A) The number of individuals at risk of 

5 death, injury, or severe adverse effects to 

6 human health as a result of a worst case chem7 ical facility terrorist incident at the covered 

8 chemical facility. 

9 ‘‘(B) Information related to the criticality 

10 of the covered chemical facility. 

11 ‘‘(C) The proximity or interrelationship of 

12 the covered chemical facility to other critical in13 frastructure. 

14 ‘‘(d) REQUIREMENT FOR REVIEW.—The Secretary— 

15 ‘‘(1) shall periodically review— 

16 ‘‘(A) the designation of a substance of con17 cern and the threshold quantity under sub18 section (a)(1); and 

19 ‘‘(B) the criteria under subsection (b)(1); 

20 and 

21 ‘‘(2) may at any time determine whether a 

22 chemical facility is a covered chemical facility or 

23 change the tier to which such a facility is assigned 

24 under subsection (c)(1). 


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1 ‘‘(e) PROVISION OF THREAT-RELATED INFORMA2 TION.—In order to effectively assess the vulnerabilities to 

3 a covered chemical facility, the Secretary shall provide to 

4 the owner, operator, or security officer of a covered chem5 ical facility threat information regarding probable threats 

6 to the facility and methods that could be used in a chem7 ical facility terrorist incident. 

8 ‘‘SEC. 2103. SECURITY VULNERABILITY ASSESSMENTS AND 

9 SITE SECURITY PLANS. 

10 ‘‘(a) IN GENERAL.— 

11 ‘‘(1) REQUIREMENT.—The Secretary shall— 

12 ‘‘(A) establish standards, protocols, and 

13 procedures for security vulnerability assess14 ments and site security plans to be required for 

15 covered chemical facilities; 

16 ‘‘(B) require the owner or operator of each 

17 covered chemical facility to— 

18 ‘‘(i) conduct an assessment of the vul19 nerability of the covered chemical facility 

20 to a range of chemical facility terrorist in21 cidents, including an incident that results 

22 in a worst-case release of a substance of 

23 concern; 

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1 ity that addresses the security vulnerability 

2 assessment and meets the risk-based chem3 ical security performance standards under 

4 subsection (b); and 

5 ‘‘(iii) include at least one supervisory 

6 and at least one non-supervisory employee 

7 of the covered chemical facility, and at 

8 least one employee representative, from 

9 each bargaining agent at the covered 

10 chemical facility, if any, in developing the 

11 security vulnerability assessment and site 

12 security plan required under this clause; 

13 ‘‘(C) set deadlines, by tier, for the comple14 tion of security vulnerability assessments and 

15 site security plans; 

16 ‘‘(D) upon request, as necessary, and to 

17 the extent that resources permit, provide tech18 nical assistance to a covered chemical facility 

19 conducting a vulnerability assessment or site se20 curity plan required under this section; 

21 ‘‘(E) establish specific deadlines and re22 quirements for the submission by a covered 

23 chemical facility of information describing— 

24 ‘‘(i) any change in the use by the cov25 ered chemical facility of more than a 


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1 threshold amount of any substance of con2 cern that may affect the requirements of 

3 the chemical facility under this title; or 

4 ‘‘(ii) any material modification to a 

5 covered chemical facility’s operations or 

6 site that may affect the security vulner7 ability assessment or site security plan 

8 submitted by the covered chemical facility; 

9 ‘‘(F) require the owner or operator of a 

10 covered chemical facility to review and resubmit 

11 a security vulnerability assessment or site secu12 rity plan not less frequently than once every 5 

13 years; and 

14 ‘‘(G) not later than 180 days after the 

15 date on which the Secretary receives a security 

16 vulnerability assessment or site security plan 

17 under this title, review and approve or dis18 approve such assessment or plan. 

19 ‘‘(2) INHERENTLY GOVERNMENTAL FUNC20 TION.—The approval or disapproval of a security 

21 vulnerability assessment or site security plan under 

22 this section is an inherently governmental function. 

23 ‘‘(b) RISK-BASED CHEMICAL SECURITY PERFORM24 ANCE STANDARDS.—The Secretary shall establish risk25 based chemical security performance standards for the site 


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1 security plans required to be prepared by covered chemical 

2 facilities. In establishing such standards, the Secretary 

3 shall— 

4 ‘‘(1) require separate and, as appropriate, in5 creasingly stringent risk-based chemical security per6 formance standards for site security plans as the 

7 level of risk associated with the tier increases; and 

8 ‘‘(2) permit each covered chemical facility sub9 mitting a site security plan to select a combination 

10 of security measures that satisfy the risk-based 

11 chemical security performance standards established 

12 by the Secretary under this subsection. 

13 ‘‘(c) CO-LOCATED CHEMICAL FACILITIES.—The Sec14 retary may allow an owner or operator of a covered chem15 ical facility that is located geographically close to another 

16 covered chemical facility to develop and implement coordi17 nated security vulnerability assessments and site security 

18 plans. 

19 ‘‘(d) ALTERNATE SECURITY PROGRAMS SATISFYING

20 REQUIREMENTS FOR SECURITY VULNERABILITY ASSESS21 MENT AND SITE SECURITY PLAN.— 

22 ‘‘(1) ACCEPTANCE OF PROGRAM.—In response 

23 to a request by an owner or operator of a covered 

24 chemical facility, the Secretary may accept an alter25 nate security program submitted by the owner or opVerDate Nov 24 2008 02:23 Jun 16, 2009 Jkt 079200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H2868.IH H2868

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1 erator of the facility as a component of the security 

2 vulnerability assessment or site security plan re3 quired under this section, if the Secretary deter4 mines that such alternate security program, in com5 bination with other components of the security vul6 nerability assessment and site security plan sub7 mitted by the owner or operator of the facility— 

8 ‘‘(A) meets the requirements of this title 

9 and the regulations promulgated pursuant to 

10 this title; 

11 ‘‘(B) provides an equivalent level of secu12 rity to the level of security established pursuant 

13 to the regulations promulgated under this title; 

14 and 

15 ‘‘(C) includes employee participation as re16 quired under subsection (a)(1)(B)(iii). 

17 ‘‘(2) SECRETARIAL REVIEW REQUIRED.—Noth18 ing in this subsection shall relieve the Secretary of 

19 the obligation— 

20 ‘‘(A) to review a security vulnerability as21 sessment and site security plan submitted by a 

22 covered chemical facility under this section; and 

23 ‘‘(B) to approve or disapprove each such 

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1 cording to the deadlines established under sub2 section (a). 

3 ‘‘(3) COVERED FACILITY’S OBLIGATIONS UNAF4 FECTED.—Nothing in this subsection shall relieve 

5 any covered chemical facility of the obligation and 

6 responsibility to comply with all of the requirements 

7 of this title. 

8 ‘‘(4) PERSONNEL SURETY ALTERNATE SECU9 RITY PROGRAM.—In response to an application from 

10 a non-profit, personnel surety accrediting organiza11 tion acting on behalf of, and with written authoriza12 tion from, the owner or operator of a covered chem13 ical facility, the Secretary may accept a personnel 

14 surety alternate security program that meets the re15 quirements of section 2115 and provides for a back16 ground check process that is— 

17 ‘‘(A) expedited, affordable, reliable, and ac18 curate; 

19 ‘‘(B) fully protective of the rights of cov20 ered individuals through procedures that are 

21 consistent with the privacy protections available 

22 under the Fair Credit Reporting Act (15 U.S.C. 

23 1681 et seq.); and 

24 ‘‘(C) is a single background check con25 sistent with a risk-based tiered program. 


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1 ‘‘(e) OTHER AUTHORITIES.— 

2 ‘‘(1) REGULATION OF MARITIME FACILITIES.— 

3 ‘‘(A) RISK-BASED TIERING.—Notwith4 standing any other provision of law, the owner 

5 or operator of a chemical facility required to 

6 submit a facility security plan under section 

7 70103(c) of title 46, United States Code, shall 

8 be required to submit information to the Sec9 retary necessary to determine whether to des10 ignate such a facility as a covered chemical fa11 cility and to assign the facility to a risk-based 

12 tier under section 2102 of this title. 

13 ‘‘(B) ADDITIONAL MEASURES.—In the case 

14 of a facility designated as a covered chemical 

15 facility under this title that is also regulated 

16 under section 70103(c) of title 46, United 

17 States Code, the Secretary shall require the 

18 owner or operator of such facility to update the 

19 vulnerability assessments and facility security 

20 plans required under that section, if necessary, 

21 to ensure an equivalent level of security for sub22 stances of concern, including the requirements 

23 under section 2111, in the same manner as 

24 other covered chemical facilities in this title. 


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1 ‘‘(C) INFORMATION SHARING AND PROTEC2 TION.—Notwithstanding section 70103(d) of 

3 title 46, United States Code, the Secretary shall 

4 apply the information sharing and protection 

5 requirements in section 2110 of this title to a 

6 facility described in subparagraph (B). 

7 ‘‘(D) ENFORCEMENT.—The Secretary shall 

8 establish, by rulemaking, procedures to ensure 

9 that an owner or operator of a covered chemical 

10 facility required to update the vulnerability as11 sessment and facility security plan for the facil12 ity under subparagraph (B) is in compliance 

13 with the requirements of this title. 

14 ‘‘(E) FORMAL AGREEMENT.—The Sec15 retary shall require the Office of Infrastructure 

16 Protection and the Coast Guard to enter into a 

17 formal agreement detailing their respective roles 

18 and responsibilities in carrying out the require19 ments of this title. Such agreement shall ensure 

20 that the enforcement and compliance require21 ments under this title and section 70103 of title 

22 46, United States Code, are not conflicting or 

23 duplicative 

24 ‘‘(2) COORDINATION OF STORAGE LICENSING

25 OR PERMITTING REQUIREMENT.—In the case of any 


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1 storage required to be licensed or permitted under 

2 chapter 40 of title 18, United States Code, the Sec3 retary shall prescribe the rules and regulations for 

4 the implementation of this section with the concur5 rence of the Attorney General and avoid unnecessary 

6 duplication of regulatory requirements. 

7 ‘‘(f) ROLE OF EMPLOYEES.— 

8 ‘‘(1) DESCRIPTION OF ROLE REQUIRED.—As 

9 appropriate, security vulnerability assessments or 

10 site security plans required under this section shall 

11 describe the roles or responsibilities that covered in12 dividuals are expected to perform to deter or re13 spond to a chemical facility terrorist incident. 

14 ‘‘(2) TRAINING FOR EMPLOYEES.—The owner 

15 or operator of a covered chemical facility required to 

16 submit a site security plan under this section shall 

17 annually provide each covered individual with a role 

18 or responsibility referred to in paragraph (1) at the 

19 facility with a minimum of 8 hours of training. Such 

20 training shall— 

21 ‘‘(A) include an identification and discus22 sion of substances of concern; 

23 ‘‘(B) include a discussion of possible con24 sequences of a chemical facility terrorist inci25 dent; 


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1 ‘‘(C) review and exercise the covered chem2 ical facility’s site security plan, including any 

3 requirements for differing threat levels; 

4 ‘‘(D) include a review of information pro5 tection requirements; 

6 ‘‘(E) include a discussion of physical and 

7 cyber security equipment, systems, and methods 

8 used to achieve chemical security performance 

9 standards; 

10 ‘‘(F) allow training with other relevant 

11 participants, including Federal, State, local, 

12 and tribal authorities, and first responders, 

13 where appropriate; 

14 ‘‘(G) use existing national voluntary con15 sensus standards, chosen jointly with employee 

16 representatives, if any; 

17 ‘‘(H) allow instruction through government 

18 training programs, chemical facilities, academic 

19 institutions, nonprofit organizations, industry 

20 and private organizations, employee organiza21 tions, and other relevant entities that provide 

22 such training; 

23 ‘‘(I) use multiple training media and meth24 ods; 


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1 ‘‘(J) include identification and assessment 

2 of methods to reduce the consequences of a ter3 rorist attack; and 

4 ‘‘(K) include a discussion of appropriate 

5 emergency response procedures. 

6 ‘‘SEC. 2104. SITE INSPECTIONS. 

7 ‘‘(a) RIGHT OF ENTRY.—For purposes of carrying 

8 out this title, the Secretary shall have, at a reasonable 

9 time and on presentation of credentials, a right of entry 

10 to, on, or through any property of a covered chemical facil11 ity or any property on which any record required to be 

12 maintained under this section is located. 

13 ‘‘(b) INSPECTIONS AND VERIFICATIONS.— 

14 ‘‘(1) IN GENERAL.—The Secretary shall, at 

15 such time and place as the Secretary determines to 

16 be reasonable and appropriate, conduct chemical fa17 cility security inspections and verifications. 

18 ‘‘(2) REQUIREMENTS.—To ensure and evaluate 

19 compliance with this title, including any regulations 

20 or requirements adopted by the Secretary in further21 ance of the purposes of this title, in conducting an 

22 inspection or verification under paragraph (1), the 

23 Secretary shall have access to the owners, operators, 

24 employees, and employee representatives, if any, of 

25 a covered chemical facility. 


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1 ‘‘(c) UNANNOUNCED INSPECTIONS.—In addition to 

2 any inspection conducted pursuant to subsection (b), the 

3 Secretary shall require covered chemical facilities assigned 

4 to tier 1 and tier 2 under section 2102(c)(1) to undergo 

5 unannounced facility inspections. The inspections required 

6 under this subsection shall be— 

7 ‘‘(1) conducted without prior notice to the facil8 ity; 

9 ‘‘(2) designed to evaluate at the chemical facil10 ity undergoing inspection— 

11 ‘‘(A) the ability of the chemical facility to 

12 prevent a chemical facility terrorist incident 

13 that applicable chemical security performance 

14 standards are intended to prevent; 

15 ‘‘(B) the ability of the chemical facility to 

16 protect against security threats that are re17 quired to be addressed by applicable chemical 

18 security performance standards; and 

19 ‘‘(C) any weaknesses in the security plan 

20 of the chemical facility; 

21 ‘‘(3) conducted so as not to affect the actual se22 curity, physical integrity, or safety of the chemical 

23 facility or its employees while the inspection is con24 ducted; and 

25 ‘‘(4) conducted— 


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1 ‘‘(A) every two years in the case of a cov2 ered chemical facility assigned to tier 1; and 

3 ‘‘(B) every four years in the case of a cov4 ered chemical facility assigned to tier 2. 

5 ‘‘SEC. 2105. RECORDS. 

6 ‘‘(a) REQUESTS FOR RECORDS.— 

7 ‘‘(1) IN GENERAL.—In carrying out this title, 

8 the Secretary may require the submission of or, on 

9 presentation of credentials, may at reasonable times 

10 obtain access to and copy any records, including any 

11 records maintained in electronic format, necessary 

12 for— 

13 ‘‘(A) reviewing or analyzing a security vul14 nerability assessment or site security plan sub15 mitted under section 2103; or 

16 ‘‘(B) assessing the implementation of such 

17 a site security plan. 

18 ‘‘(2) PROPER HANDLING OF RECORDS.—In ac19 cessing or copying any records under paragraph (1), 

20 the Secretary shall ensure that such records are 

21 handled and secured appropriately in accordance 

22 with section 2110. 

23 ‘‘(b) PROVISION OF RECORDS TO EMPLOYEE REP24 RESENTATIVES.—If a covered chemical facility has one or 

25 more certified or recognized bargaining agents, the owner 


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1 or operator of the covered chemical facility shall provide 

2 an employee representative designated by each such bar3 gaining agent at such facility with a copy of any security 

4 vulnerability assessment or site security plan submitted. 

5 Each employee representative shall ensure that any such 

6 assessment or plan provided to the representative is han7 dled and secured appropriately in accordance with section 

8 2110. 

9 ‘‘SEC. 2106. TIMELY SHARING OF THREAT INFORMATION. 

10 ‘‘(a) RESPONSIBILITIES OF SECRETARY.—Upon the 

11 receipt of information concerning a threat that is relevant 

12 to a certain covered chemical facility, the Secretary shall 

13 provide such information in a timely manner, to the max14 imum extent practicable under applicable authority and in 

15 the interests of national security, to the owner, operator, 

16 or security officer of that covered chemical facility and to 

17 a representative of each recognized or certified bargaining 

18 agent at the facility, if any. 

19 ‘‘(b) RESPONSIBILITIES OF OWNER OR OPERATOR.— 

20 The Secretary shall require the owner or operator of a 

21 covered chemical facility to provide information concerning 

22 a threat in a timely manner about any significant security 

23 incident or threat to the covered chemical facility or any 

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1 curity or cyber security of the covered chemical facility 

2 whether successful or unsuccessful. 

3 ‘‘SEC. 2107. ENFORCEMENT. 

4 ‘‘(a) REVIEW OF SITE SECURITY PLAN.— 

5 ‘‘(1) DISAPPROVAL.—The Secretary shall dis6 approve a security vulnerability assessment or site 

7 security plan submitted under this title if the Sec8 retary determines that— 

9 ‘‘(A) the security vulnerability assessment 

10 or site security plan does not comply with the 

11 standards, protocols, or procedures under sec12 tion 2103(a)(1)(A); or 

13 ‘‘(B) in the case of a site security plan— 

14 ‘‘(i) the plan or the implementation of 

15 the plan is insufficient to address 

16 vulnerabilities identified in a security vul17 nerability assessment, site inspection, or 

18 unannounced inspection of the covered 

19 chemical facility; or 

20 ‘‘(ii) the plan fails to meet all applica21 ble chemical facility security performance 

22 standards. 

23 ‘‘(2) PROVISION OF NOTIFICATION OF DIS24 APPROVAL.—If the Secretary disapproves the secu25 rity vulnerability assessment or site security plan 


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1 submitted by a covered chemical facility under this 

2 title or the implementation of a site security plan by 

3 such a chemical facility, the Secretary shall provide 

4 the owner or operator of the covered chemical facil5 ity a written notification of the disapproval within 

6 14 days of the date on which the Secretary dis7 approves such assessment or plan, that— 

8 ‘‘(A) includes a clear explanation of defi9 ciencies in the assessment, plan, or implementa10 tion of the plan; and 

11 ‘‘(B) requires the owner or operator of the 

12 covered chemical facility to revise the assess13 ment or plan to address any deficiencies and, 

14 by such date as the Secretary determines is ap15 propriate, to submit to the Secretary the re16 vised assessment or plan. 

17 ‘‘(3) ORDER FOR COMPLIANCE.—Whenever the 

18 Secretary determines that the owner or operator of 

19 a covered chemical facility has violated or is in viola20 tion of any requirement of this title or has failed or 

21 is failing to address any deficiencies in the assess22 ment, plan, or implementation of the plan by such 

23 date as the Secretary determines to be appropriate, 

24 the Secretary, after providing an opportunity for the 


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1 owner or operator of the covered chemical facility to 

2 consult with the Secretary, may— 

3 ‘‘(A) issue an order assessing a civil pen4 alty for any past or current violation, requiring 

5 compliance immediately or within a specified 

6 time period, or both; or 

7 ‘‘(B) commence a civil action in the United 

8 States district court in the district in which the 

9 violation occurred for appropriate relief, includ10 ing temporary or permanent injunction. 

11 ‘‘(4) ORDER TO CEASE OPERATIONS.—If the 

12 Secretary determines that the owner or operator of 

13 a covered chemical facility continues to be in non14 compliance after an order for compliance is issued 

15 under paragraph (3), the Secretary may issue an 

16 order to the owner or operator of a covered chemical 

17 facility to cease operations at the facility until the 

18 owner or operator complies with such order issued 

19 under paragraph (3). Notwithstanding the preceding 

20 sentence, the Secretary may not issue an order to 

21 cease operations under this paragraph to the owner 

22 or operator of a wastewater facility. 

23 ‘‘(b) PENALTIES.— 

24 ‘‘(1) CIVIL PENALTIES.—A court may award a 

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1 retary under this title, of not more than $50,000 for 

2 each day on which a violation occurs or a failure to 

3 comply continues. 

4 ‘‘(2) ADMINISTRATIVE PENALTIES.—The Sec5 retary may award an administrative penalty, pursu6 ant to an order issued under this title, of not more 

7 than $25,000 for each day on which a violation oc8 curs or a failure to comply continues. 

9 ‘‘SEC. 2108. WHISTLEBLOWER PROTECTIONS. 

10 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab11 lish and provide information to the public regarding a 

12 process by which any person may submit a report to the 

13 Secretary regarding problems, deficiencies, or 

14 vulnerabilities at a covered chemical facility associated 

15 with the risk of a chemical facility terrorist incident. 

16 ‘‘(b) CONFIDENTIALITY.—The Secretary shall keep 

17 confidential the identity of a person that submits a report 

18 under subsection (a) and any such report shall be treated 

19 as protected information under section 2110 to the extent 

20 that it does not consist of publicly available information. 

21 ‘‘(c) ACKNOWLEDGMENT OF RECEIPT.—If a report 

22 submitted under subsection (a) identifies the person sub23 mitting the report, the Secretary shall respond promptly 

24 to such person to acknowledge receipt of the report. 


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1 ‘‘(d) STEPS TO ADDRESS PROBLEMS.—The Sec2 retary shall review and consider the information provided 

3 in any report submitted under subsection (a) and shall, 

4 as necessary, take appropriate steps under this title to ad5 dress any problem, deficiency, or vulnerability identified 

6 in the report. 

7 ‘‘(e) RETALIATION PROHIBITED.— 

8 ‘‘(1) PROHIBITION.—No owner or operator of a 

9 covered chemical facility, profit or not-for-profit cor10 poration, association, or any contractor, subcon11 tractor or agent thereof, may discharge any em12 ployee or otherwise discriminate against any em13 ployee with respect to his compensation, terms, con14 ditions, or other privileges of employment because 

15 the employee (or any person acting pursuant to a re16 quest of the employee)— 

17 ‘‘(A) notified the Secretary, the owner or 

18 operator of a covered chemical facility, or the 

19 employee’s employer of an alleged violation of 

20 this title, including communications related to 

21 carrying out the employee’s job duties; 

22 ‘‘(B) refused to engage in any practice 

23 made unlawful by this title, if the employee has 

24 identified the alleged illegality to the employer; 


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1 ‘‘(C) testified before or otherwise provided 

2 information relevant for Congress or for any 

3 Federal or State proceeding regarding any pro4 vision (or proposed provision) of this title; 

5 ‘‘(D) commenced, caused to be commenced, 

6 or is about to commence or cause to be com7 menced a proceeding under this title; 

8 ‘‘(E) testified or is about to testify in any 

9 such proceeding; or 

10 ‘‘(F) assisted or participated or is about to 

11 assist or participate in any manner in such a 

12 proceeding or in any other manner in such a 

13 proceeding or in any other action to carry out 

14 the purposes of this title. 

15 ‘‘(2) ENFORCEMENT ACTION.—Any employee 

16 covered by this section who alleges discrimination by 

17 an employer in violation of paragraph (1) may bring 

18 an action governed by the rules and procedures, 

19 legal burdens of proof, and remedies applicable 

20 under subsections (d) through (h) of section 20109 

21 of title 49, United States Code. A party may seek 

22 district court review as set forth in subsection (d)(4) 

23 of such section not later than 90 days after receiving 

24 a written final determination by the Secretary of 

25 Labor. 


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1 ‘‘(3) PROHIBITED PERSONNEL PRACTICES AF2 FECTING THE DEPARTMENT.— 

3 ‘‘(A) IN GENERAL.—Notwithstanding any 

4 other provision of law, any individual holding or 

5 applying for a position within the Department 

6 shall be covered by— 

7 ‘‘(i) paragraphs (1), (8), and (9) of 

8 section 2302(b) of title 5, United States 

9 Code; 

10 ‘‘(ii) any provision of law imple11 menting any of such paragraphs by pro12 viding any right or remedy available to an 

13 employee or applicant for employment in 

14 the civil service; and 

15 ‘‘(iii) any rule or regulation prescribed 

16 under any such paragraph. 

17 ‘‘(B) RULE OF CONSTRUCTION.—Nothing 

18 in this paragraph shall be construed to affect 

19 any rights, apart from those referred to in sub20 paragraph (A), to which an individual described 

21 in that subparagraph might otherwise be enti22 tled to under law. 

23 ‘‘SEC. 2109. FEDERAL PREEMPTION. 

24 ‘‘This title does not preclude or deny any right of any 

25 State or political subdivision thereof to adopt or enforce 


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1 any regulation, requirement, or standard of performance 

2 with respect to a covered chemical facility that is more 

3 stringent than a regulation, requirement, or standard of 

4 performance issued under this title, or otherwise impair 

5 any right or jurisdiction of any State or political subdivi6 sion thereof with respect to covered chemical facilities 

7 within that State or political subdivision thereof. 

8 ‘‘SEC. 2110. PROTECTION OF INFORMATION. 

9 ‘‘(a) PROHIBITION OF PUBLIC DISCLOSURE OF PRO10 TECTED INFORMATION.—Protected information, as de11 scribed in subsection (g), that is provided to the Depart12 ment by the owner or operator of a covered chemical facil13 ity or created by the Department under the requirements 

14 of this title— 

15 ‘‘(1) is exempt from disclosure under section 

16 552 of title 5, United States Code; and 

17 ‘‘(2) may not be made available pursuant to 

18 any State or local law requiring disclosure of infor19 mation or records. 

20 ‘‘(b) INFORMATION SHARING.—The Secretary shall 

21 facilitate and provide standards for the appropriate shar22 ing of protected information with and between Federal, 

23 State, local, and tribal governments, emergency response 

24 providers, law enforcement officials, designated super25 visory and non-supervisory covered chemical facility perVerDate Nov 24 2008 02:23 Jun 16, 2009 Jkt 079200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H2868.IH H2868

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1 sonnel with security, operational, or fiduciary responsi2 bility for the facility, and designated facility employee rep3 resentatives, if any. 

4 ‘‘(c) TREATMENT OF INFORMATION IN ADJUDICA5 TIVE PROCEEDINGS.—In a proceeding under this title, 

6 protected information described in subsection (g), or re7 lated vulnerability or security information, shall be treated 

8 in any judicial or administrative action in a manner con9 sistent with the treatment of sensitive security information 

10 under section 525 of the Department of Homeland Secu11 rity Appropriations Act, 2007 (Public Law 109–295; 120 

12 Stat. 1321). 

13 ‘‘(d) OTHER OBLIGATIONS UNAFFECTED.—Nothing 

14 in this section affects any obligation of the owner or oper15 ator of a chemical facility under any other law to submit 

16 or make available information required by such other law 

17 to facility employees, employee organizations, or a Fed18 eral, State, tribal, or local government. 

19 ‘‘(e) SUBMISSION OF INFORMATION TO CONGRESS.— 

20 Nothing in this title shall permit or authorize the with21 holding of information from Congress or any committee 

22 or subcommittee thereof. 

23 ‘‘(f) DISCLOSURE OF INDEPENDENTLY FURNISHED

24 INFORMATION.—Nothing in this title shall affect any au25 thority or obligation of a Federal, State, or local agency 


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1 to protect or disclose any record or information that the 

2 Federal, State, or local government agency obtains from 

3 a chemical facility under any other law. 

4 ‘‘(g) PROTECTED INFORMATION.— 

5 ‘‘(1) IN GENERAL.—For purposes of this title, 

6 protected information is the following: 

7 ‘‘(A) Security vulnerability assessments 

8 and site security plans submitted to the Sec9 retary under this title. 

10 ‘‘(B) Portions of the following documents, 

11 records, orders, notices, or letters that the Sec12 retary determines would be detrimental to 

13 chemical facility security if disclosed and that 

14 are developed by the Secretary or the owner or 

15 operator of a covered chemical facility exclu16 sively for the purposes of this title: 

17 ‘‘(i) Documents directly related to the 

18 Secretary’s review and approval or dis19 approval of vulnerability assessments and 

20 site security plans under this title. 

21 ‘‘(ii) Documents directly related to in22 spections and audits under this title. 

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1 ical facility with the requirements of this 

2 title. 

3 ‘‘(iv) Information provided to or cre4 ated by the Secretary under section sub5 section (b) or (c) of section 2102. 

6 ‘‘(C) Other information developed exclu7 sively for the purposes of this title that the Sec8 retary determines, if disclosed, would be detri9 mental to chemical facility security. 

10 ‘‘(2) EXCLUSIONS.—For purposes of this sec11 tion, protected information does not include— 

12 ‘‘(A) information that is otherwise publicly 

13 available, including information that is required 

14 to be made publicly available under any law; 

15 ‘‘(B) information that a chemical facility 

16 has lawfully disclosed other than in accordance 

17 with this title; or 

18 ‘‘(C) information that, if disclosed, would 

19 not be detrimental to the security of a chemical 

20 facility, including aggregate regulatory data 

21 that the Secretary determines is appropriate to 

22 describe facility compliance with the require23 ments of this title and the Secretary’s imple24 mentation of such requirements. 


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1 ‘‘SEC. 2111. METHODS TO REDUCE THE CONSEQUENCES OF 

2 A TERRORIST ATTACK. 

3 ‘‘(a) ASSESSMENT REQUIRED.—The owner or oper4 ator of a covered chemical facility shall include in the site 

5 security plan conducted pursuant to section 2103, an as6 sessment of methods to reduce the consequences of a ter7 rorist attack on that chemical facility, including— 

8 ‘‘(1) a description of the methods to reduce the 

9 consequences of a terrorist attack assessed by the 

10 covered chemical facility; 

11 ‘‘(2) the degree to which each method to reduce 

12 the consequences of a terrorist attack could, if ap13 plied, reduce the potential extent of death, injury, or 

14 serious adverse effects to human health resulting 

15 from a terrorist release; 

16 ‘‘(3) the technical viability, costs, avoided costs 

17 (including liabilities), savings, and applicability of 

18 implementing each method to reduce the con19 sequences of a terrorist attack; and 

20 ‘‘(4) any other information that the owner or 

21 operator of the covered chemical facility considered 

22 in conducting the assessment. 

23 ‘‘(b) IMPLEMENTATION.— 

24 ‘‘(1) IMPLEMENTATION.—The owner or oper25 ator of a covered chemical facility assigned to tier 1 

26 or tier 2 that is required to conduct an assessment 


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1 under subsection (a) shall implement methods to re2 duce the consequences of a terrorist attack on the 

3 chemical facility if the Secretary determines, based 

4 on an assessment in subsection (a), that the imple5 mentation of such methods at the facility— 

6 ‘‘(A) would significantly reduce the risk of 

7 death, injury, or serious adverse effects to 

8 human health resulting from a chemical facility 

9 terrorist incident but would not increase the in10 terim storage of a substance of concern outside 

11 the facility or directly result in the creation of 

12 a new covered chemical facility assigned to tier 

13 1 or tier 2 or the elevation of an existing cov14 ered chemical facility to tier 1 or tier 2; 

15 ‘‘(B) can feasibly be incorporated into the 

16 operation of the covered chemical facility; and 

17 ‘‘(C) would not significantly and demon18 strably impair the ability of the owner or oper19 ator of the covered chemical facility to continue 

20 the business of the facility at its location. 

21 ‘‘(2) REVIEW OF INABILITY TO COMPLY.— 

22 ‘‘(A) IN GENERAL.—An owner or operator 

23 of a covered chemical facility who is unable to 

24 comply with the Secretary’s determination 

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1 ceipt of the Secretary’s determination, provide 

2 to the Secretary a written explanation that in3 cludes the reasons therefor. 

4 ‘‘(B) REVIEW.—Not later than 60 days 

5 after the receipt of an explanation submitted 

6 under subparagraph (A), the Secretary, after 

7 consulting with the owner or operator of the 

8 covered chemical facility who submitted such 

9 explanation, shall provide to the owner or oper10 ator a written determination of whether imple11 mentation shall be required pursuant to para12 graph (1). If the Secretary determines that im13 plementation is required, the facility shall be re14 quired to begin implementation within 180 days 

15 of that determination. 

16 ‘‘(c) PROVISION OF INFORMATION ON ALTERNATIVE

17 APPROACHES.— 

18 ‘‘(1) IN GENERAL.—The Secretary shall make 

19 available information to chemical facilities on the use 

20 and availability of methods to reduce the con21 sequences of a chemical facility terrorist incident. 

22 ‘‘(2) INFORMATION TO BE INCLUDED.—The in23 formation under paragraph (1) may include informa24 tion about— 


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1 ‘‘(A) general and specific types of such 

2 methods; 

3 ‘‘(B) combinations of chemical sources, 

4 substances of concern, and hazardous processes 

5 or conditions for which such methods could be 

6 appropriate; 

7 ‘‘(C) the availability of specific methods to 

8 reduce the consequences of a terrorist attack; 

9 ‘‘(D) the costs and cost savings resulting 

10 from the use of such methods; 

11 ‘‘(E) emerging technologies that could be 

12 transferred from research models or prototypes 

13 to practical applications; 

14 ‘‘(F) the availability of technical assistance 

15 and best practices; and 

16 ‘‘(G) such other matters as the Secretary 

17 determines is appropriate. 

18 ‘‘(3) PUBLIC AVAILABILITY.—Information made 

19 available under this subsection shall not identify any 

20 specific chemical facility, violate the protection of in21 formation provisions under section 2110, or disclose 

22 any proprietary information. 

23 ‘‘(d) FUNDING FOR METHODS TO REDUCE THE CON24 SEQUENCES OF A TERRORIST ATTACK.—The Secretary 

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1 menting methods to reduce the consequences of a terrorist 

2 attack to covered chemical facilities that are required by 

3 the Secretary to implement such methods. 

4 ‘‘SEC. 2112. APPLICABILITY. 

5 ‘‘This title shall not apply to— 

6 ‘‘(1) any chemical facility that is owned and op7 erated by the Secretary of Defense; 

8 ‘‘(2) the transportation in commerce, including 

9 incidental storage, of any substance of concern regu10 lated as a hazardous material under chapter 51 of 

11 title 49, United States Code; or 

12 ‘‘(3) all or a specified portion of any chemical 

13 facility that— 

14 ‘‘(A) is subject to regulation by the Nu15 clear Regulatory Commission (hereinafter in 

16 this paragraph referred to as the ‘Commission’) 

17 or a State that has entered into an agreement 

18 with the Commission under section 274 b. of 

19 the Atomic Energy Act of 1954 (42 U.S.C. 

20 2021 b.); 

21 ‘‘(B) has had security controls imposed by 

22 the Commission or State, whichever has the 

23 regulatory authority, on the entire facility or 

24 the specified portion of the facility; and 


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1 ‘‘(C) has been designated by the Commis2 sion, after consultation with the State, if any, 

3 that regulates the facility, and the Secretary, as 

4 excluded from the application of this title. 

5 ‘‘SEC. 2113. SAVINGS CLAUSE. 

6 ‘‘(a) IN GENERAL.—Nothing in this title shall affect 

7 or modify in any way any obligation or liability of any 

8 person under any other Federal law, including section 112 

9 of the Clean Air Act (42 U.S.C. 7412), the Federal Water 

10 Pollution Control Act (33 U.S.C. 1251 et seq.), the Re11 source Conservation and Recovery Act of 1976 (42 U.S.C. 

12 6901 et seq.), the National Environmental Policy Act of 

13 1969 (42 U.S.C. 4321 et seq.), the Occupational Safety 

14 and Health Act (29 U.S.C. 651 et seq.), the National 

15 Labor Relations Act (29 U.S.C. 151 et seq.), the Emer16 gency Planning and Community Right to Know Act of 

17 1996 (42 U.S.C. 11001 et seq.), the Safe Drinking Water 

18 Act (42 U.S.C. 300f et seq.), the Maritime Transportation 

19 Security Act of 2002 (Public Law 107–295), the Com20 prehensive Environmental Response, Compensation, and 

21 Liability Act of 1980 (42 U.S.C. 9601 et seq.), and the 

22 Toxic Substances Control Act (15 U.S.C. 2601 et seq.). 

23 ‘‘(b) OTHER REQUIREMENTS.—Nothing in this title 

24 shall preclude or deny the right of any State or political 

25 subdivision thereof to adopt or enforce any regulation, reVerDate Nov 24 2008 02:23 Jun 16, 2009 Jkt 079200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H2868.IH H2868

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1 quirement, or standard of performance relating to environ2 mental protection, health, or safety. 

3 ‘‘SEC. 2114. OFFICE OF CHEMICAL FACILITY SECURITY. 

4 ‘‘(a) IN GENERAL.—There is established in the De5 partment an Office of Chemical Facility Security, headed 

6 by a Director, who shall be a member of the Senior Execu7 tive Service in accordance with subchapter VI of chapter 

8 33 of title 5, United States Code, under section 5382 of 

9 that title, and who shall be responsible for carrying out 

10 the responsibilities of the Secretary under this title. 

11 ‘‘(b) PROFESSIONAL QUALIFICATIONS.—The indi12 vidual selected by the Secretary as the Director of the Of13 fice of Chemical Facility Security shall have professional 

14 qualifications and experience necessary for effectively di15 recting the Office of Chemical Facility Security and car16 rying out the requirements of this title, including a dem17 onstrated knowledge of physical infrastructure protection, 

18 cybersecurity, chemical facility security, hazard analysis, 

19 chemical process engineering, chemical process safety re20 views, or other such qualifications that the Secretary de21 termines to be necessary. 

22 ‘‘(c) SELECTION PROCESS.—The Secretary shall 

23 make a reasonable effort to select an individual to serve 

24 as the Director from among a group of candidates that 

25 is diverse with respect to race, ethnicity, age, gender, and 


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1 disability characteristics and submit to the Committee on 

2 Homeland Security and the Committee on Energy and 

3 Commerce of the House of Representatives and the Com4 mittee on Homeland Security and Governmental Affairs 

5 of the Senate information on the selection process, includ6 ing details on efforts to assure diversity among the can7 didates considered for this position. 

8 ‘‘SEC. 2115. SECURITY BACKGROUND CHECKS OF COVERED 

9 INDIVIDUALS AT CERTAIN CHEMICAL FACILI10 TIES. 

11 ‘‘(a) REGULATIONS ISSUED BY THE SECRETARY.— 

12 ‘‘(1) IN GENERAL.— 

13 ‘‘(A) REQUIREMENT.—The Secretary shall 

14 issue regulations to require covered chemical fa15 cilities to establish personnel surety for individ16 uals described in subparagraph (B) by con17 ducting appropriate security background checks 

18 and ensuring appropriate credentials for 

19 unescorted visitors and chemical facility per20 sonnel, including permanent and part-time per21 sonnel, temporary personnel, and contract per22 sonnel, including— 

23 ‘‘(i) measures designed to verify and 

24 validate identity; 


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1 ‘‘(ii) measures designed to check 

2 criminal history; 

3 ‘‘(iii) measures designed to verify and 

4 validate legal authorization to work; and 

5 ‘‘(iv) measures designed to identify 

6 people with terrorist ties. 

7 ‘‘(B) INDIVIDUALS DESCRIBED.—For pur8 poses of subparagraph (A), an individual de9 scribed in this subparagraph is an individual 

10 with access to restricted areas or critical assets 

11 of a covered chemical facility, including— 

12 ‘‘(i) a covered individual who has 

13 unescorted access to restricted areas or 

14 critical assets or who is provided with a 

15 copy of a security vulnerability assessment 

16 or site security plan; 

17 ‘‘(ii) a person associated with a cov18 ered chemical facility who is provided with 

19 a copy of a security vulnerability assess20 ment or site security plan; or 

21 ‘‘(iii) a person who is determined by 

22 the Secretary to require a security back23 ground check based on chemical facility se24 curity performance standards. 


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1 ‘‘(2) REGULATIONS.—The regulations required 

2 by paragraph (1) shall set forth— 

3 ‘‘(A) the scope of the security background 

4 checks, including the types of disqualifying of5 fenses and the time period covered for each per6 son subject to a security background check 

7 under paragraph (1); 

8 ‘‘(B) the processes to conduct the security 

9 background checks; 

10 ‘‘(C) the necessary biographical informa11 tion and other data required in order to con12 duct the security background checks; 

13 ‘‘(D) a redress process for an adversely-af14 fected person consistent with subsections (b) 

15 and (c); and 

16 ‘‘(E) a prohibition on an owner or operator 

17 of a covered chemical facility unreasonably mis18 representing to an employee or other relevant 

19 person, including an arbiter involved in a labor 

20 arbitration, the scope, application, or meaning 

21 of any rules, regulations, directives, or guidance 

22 issued by the Secretary related to security back23 ground check requirements for covered individ24 uals when conducting a security background 

25 check. 


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1 ‘‘(b) REQUIREMENTS.—Upon issuance of regulations 

2 under subsection (a), the Secretary shall prohibit the 

3 owner or operator of a covered chemical facility from mak4 ing an adverse employment decision, including removal or 

5 suspension of the employee, due to such regulations with 

6 respect to such person unless such person— 

7 ‘‘(1) has been convicted of, has been found not 

8 guilty of by reason of insanity of, or is under want, 

9 warrant, or indictment for a permanent disqualifying 

10 criminal offense listed in part 1572 of title 49, Code 

11 of Federal Regulations; 

12 ‘‘(2) was convicted of or found not guilty by 

13 reason of insanity of an interim disqualifying crimi14 nal offense listed in part 1572 of title 49, Code of 

15 Federal Regulations, within 7 years of the date on 

16 which the covered chemical facility performs the se17 curity background check; 

18 ‘‘(3) was incarcerated for an interim disquali19 fying criminal offense listed in part 1572 of title 49, 

20 Code of Federal Regulations, and released from in21 carceration within 5 years of the date that the chem22 ical facility performs the security background check; 

23 ‘‘(4) is determined by the Secretary to be on 

24 the consolidated terrorist watchlist; or 


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1 ‘‘(5) is determined, as a result of the security 

2 background check, not to be legally authorized to 

3 work in the United States. 

4 ‘‘(c) REDRESS PROCESS.—Upon the issuance of reg5 ulations under subsection (a), the Secretary shall— 

6 ‘‘(1) require an adequate and prompt redress 

7 process for a person subject to a security back8 ground check under subsection (a)(1) who is sub9 jected to an adverse employment decision, including 

10 removal or suspension of the employee, due to such 

11 regulations that is consistent with the appeals and 

12 waiver processes established for applicants for trans13 portation workers at ports, as required by section 

14 70105(c) of title 46, United States Code, including 

15 all rights to hearings before an administration law 

16 judge, scope of review, a review of an unclassified 

17 summary of classified evidence equivalent to the 

18 summary provided in part 1515 of title 49, Code of 

19 Federal Regulations, and procedures for new evi20 dence for both appeals and waiver decisions; 

21 ‘‘(2) have the authority to order an appropriate 

22 remedy, including reinstatement of the person sub23 ject to a security background check under subsection 

24 (a)(1), should the Secretary determine that the 

25 owner or operator of a covered chemical facility 


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1 wrongfully made an adverse employment decision re2 garding such person pursuant to such rule, regula3 tion, directive, or guidance; 

4 ‘‘(3) ensure that the redress process required 

5 under this subsection affords to the covered indi6 vidual a full disclosure of any public-record event 

7 covered by subsection (b) that provides the basis for 

8 an adverse employment decision; and 

9 ‘‘(4) ensure that the person subject to a secu10 rity background check under subsection (a)(1) re11 ceives the person’s full wages and benefits until all 

12 appeals and waiver procedures are exhausted. 

13 ‘‘(d) RESTRICTIONS ON USE AND MAINTENANCE OF

14 INFORMATION.—Information obtained under this section 

15 by the Secretary or the owner or operator of a covered 

16 chemical facility shall be handled as follows: 

17 ‘‘(1) Such information may not be made avail18 able to the public. 

19 ‘‘(2) Such information may not be accessed by 

20 employees of the facility except for such employees 

21 who are directly involved with collecting the informa22 tion or conducting or evaluating security background 

23 checks. 

24 ‘‘(3) Such information shall be maintained con25 fidentially by the facility and the Secretary and may 


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1 be used only for making determinations under this 

2 section. 

3 ‘‘(4) The Secretary may share such information 

4 with other Federal, State, local, and tribal law en5 forcement agencies. 

6 ‘‘(e) RIGHTS AND RESPONSIBILITIES.—Nothing in 

7 this section shall be construed to abridge any right or re8 sponsibility of a person subject to a security background 

9 check under subsection (a)(1) or an owner or operator of 

10 a covered chemical facility under any other Federal, State, 

11 local, or tribal law or collective bargaining agreement. 

12 ‘‘(f) PREEMPTION.—Nothing in this section shall be 

13 construed to preempt, alter, or affect a Federal, State, 

14 local, or tribal law that requires criminal history back15 ground checks, checks on the authorization of an indi16 vidual to work in the United States, or other background 

17 checks of persons subject to security background checks 

18 under subsection (a)(1). 

19 ‘‘(g) DEFINITION OF SECURITY BACKGROUND

20 CHECK.—The term ‘security background check’ means a 

21 review at no cost to any person subject to a security back22 ground check under subsection (a)(1) of the following for 

23 the purpose of identifying individuals who may pose a 

24 threat to chemical facility security, to national security, 

25 or of terrorism: 


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1 ‘‘(1) Relevant databases to verify and validate 

2 identity. 

3 ‘‘(2) Relevant criminal history databases. 

4 ‘‘(3) In the case of an alien (as defined in sec5 tion 101 of the Immigration and Nationality Act (8 

6 U.S.C. 1101(a)(3))), the relevant databases to deter7 mine the status of the alien under the immigration 

8 laws of the United States. 

9 ‘‘(4) The consolidated terrorist watchlist. 

10 ‘‘(5) Other relevant information or databases, 

11 as determined by the Secretary. 

12 ‘‘(h) SAVINGS CLAUSE.—Nothing in this section shall 

13 be construed as creating any new right or modifying any 

14 existing right of an individual to appeal a determination 

15 by the Secretary as a result of a check against a terrorist 

16 watch list. 

17 ‘‘SEC. 2116. CITIZEN SUITS. 

18 ‘‘(a) IN GENERAL.—Except as provided in subsection 

19 (c), any person may commence a civil action on the per20 son’s own behalf— 

21 ‘‘(1) against any person (including the United 

22 States and any other governmental instrumentality 

23 or agency, to the extent permitted by the eleventh 

24 amendment to the Constitution) who is alleged to be 

25 in violation of any standard, regulation, condition, 


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1 requirement, prohibition, or order which has become 

2 effective pursuant to this title; or 

3 ‘‘(2) against the Secretary, if there is an alleged 

4 failure of the Secretary to perform any act or duty 

5 under this title that is not discretionary for the Sec6 retary. 

7 ‘‘(b) COURT OF JURISDICTION.— 

8 ‘‘(1) IN GENERAL.—Any action under sub9 section (a)(1) shall be brought in the district court 

10 for the district in which the alleged violation oc11 curred. Any action brought under subsection (a)(2) 

12 may be brought in the district court for the district 

13 in which the alleged violation occurred or in the 

14 United States District Court of the District of Co15 lumbia. 

16 ‘‘(2) RELIEF.—The district court shall have ju17 risdiction, without regard to the amount in con18 troversy or the citizenship of the parties, to enforce 

19 the standard, regulation, condition, requirement, 

20 prohibition, or order, referred to in subsection 

21 (a)(1), to order such person to take such other ac22 tion as may be necessary, or both, or to order the 

23 Secretary to perform the act or duty referred to in 

24 subsection (a)(2), as the case may be, and to apply 

25 any appropriate civil penalties under section 2107. 


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1 ‘‘(c) ACTIONS PROHIBITED.—No action may be com2 menced under subsection (a)— 

3 ‘‘(1) prior to 60 days after the date on which 

4 the person commencing the action has given notice 

5 of the alleged violation to— 

6 ‘‘(A) the Secretary; and 

7 ‘‘(B) in the case of an action under sub8 section (a), any alleged violator of such stand9 ard, regulation, condition, requirement, prohibi10 tion, or order; or 

11 ‘‘(2) if the Secretary has commenced and is 

12 diligently prosecuting a civil or criminal action in a 

13 court of the United States or a State, or has issued 

14 an administrative order, to require compliance with 

15 such standard, regulation, condition, requirement, 

16 prohibition, or order. 

17 ‘‘(d) NOTICE.—Notice under this section shall be 

18 given in such manner as the Secretary shall prescribe by 

19 regulation. 

20 ‘‘(e) INTERVENTION.—In any action under this sec21 tion the Secretary, if not a party, may intervene as a mat22 ter of right. 

23 ‘‘(f) COSTS.—The court, in issuing any final order 

24 in any action brought pursuant to this section, may award 

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1 pert witness fees) to the prevailing or substantially pre2 vailing party, whenever the court determines such an 

3 award is appropriate. The court may, if a temporary re4 straining order or preliminary injunction is sought, require 

5 the filing of a bond or equivalent security in accordance 

6 with the Federal Rules of Civil Procedure. 

7 ‘‘(g) OTHER RIGHTS PRESERVED.—Nothing in this 

8 section shall restrict any right which any person (or class 

9 of persons) may have under any statute or common law. 

10 ‘‘SEC. 2117. ANNUAL REPORT TO CONGRESS. 

11 ‘‘(a) ANNUAL REPORT.—Not later than one year 

12 after the date of the enactment of this title, annually 

13 thereafter for the next four years, and biennially there14 after, the Secretary shall submit to the Committee on 

15 Homeland Security and the Committee on Energy and 

16 Commerce of the House of Representatives and the Com17 mittee on Homeland Security and Governmental Affairs 

18 and the Committee on Environment and Public Works of 

19 the Senate a report on progress in achieving compliance 

20 with this title. Each such report shall include the fol21 lowing: 

22 ‘‘(1) A qualitative discussion of how covered 

23 chemical facilities, differentiated by tier, have re24 duced the risks of chemical facility terrorist inci25 dents at such facilities, including— 


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1 ‘‘(A) a generalized summary of measures 

2 implemented by covered chemical facilities in 

3 order to meet each risk-based chemical facility 

4 performance standard established by this title, 

5 and those that the facilities already had in 

6 place— 

7 ‘‘(i) in the case of the first report 

8 under this section, before the issuance of 

9 the final rule implementing the regulations 

10 known as the ‘Chemical Facility Anti-Ter11 rorism Standards’, issued on April 9, 

12 2007; and 

13 ‘‘(ii) in the case of each subsequent 

14 report, since the submittal of the most re15 cent report submitted under this section; 

16 and 

17 ‘‘(B) any other generalized summary the 

18 Secretary deems appropriate to describe the 

19 measures covered chemical facilities are imple20 menting to comply with the requirements of 

21 this title. 

22 ‘‘(2) A quantitative summary of how the cov23 ered chemical facilities, differentiated by tier, are 

24 complying with the requirements of this title during 

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1 retary is implementing and enforcing such require2 ments during such period, including— 

3 ‘‘(A) the number of chemical facilities that 

4 provided the Secretary with information about 

5 possessing substances of concern, as described 

6 in section 2102(b)(2); 

7 ‘‘(B) the number of covered chemical facili8 ties assigned to each tier; 

9 ‘‘(C) the number of security vulnerability 

10 assessments and site security plans submitted 

11 by covered chemical facilities; 

12 ‘‘(D) the number of security vulnerability 

13 assessments and site security plans approved 

14 and disapproved by the Secretary; 

15 ‘‘(E) the number of covered chemical facili16 ties without approved security vulnerability as17 sessments or site security plans; 

18 ‘‘(F) the number of chemical facilities that 

19 have been assigned to a different tier or are no 

20 longer regulated by the Secretary due to imple21 mentation of a method to reduce the con22 sequences of a terrorist attack; 

23 ‘‘(G) the number of orders for compliance 

24 issued by the Secretary; 


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1 ‘‘(H) the administrative penalties assessed 

2 by the Secretary for non-compliance with the 

3 requirements of this title; 

4 ‘‘(I) the civil penalties assessed by the 

5 court for non-compliance with the requirements 

6 of this title; and 

7 ‘‘(J) any other regulatory data the Sec8 retary deems appropriate to describe facility 

9 compliance with the requirements of this title 

10 and the Secretary’s implementation of such re11 quirements. 

12 ‘‘(b) PUBLIC AVAILABILITY.—A report submitted 

13 under this section shall be made publicly available. 

14 ‘‘SEC. 2118. AUTHORIZATION OF APPROPRIATIONS. 

15 ‘‘There is authorized to be appropriated to the Sec16 retary of Homeland Security to carry out this title— 

17 ‘‘(1) $325,000,000 for fiscal year 2011, of 

18 which $100,000,000 shall be made available to pro19 vide funding for methods to reduce the consequences 

20 of a terrorist attack; 

21 ‘‘(2) $300,000,000 for fiscal year 2012, of 

22 which $75,000,000 shall be made available to pro23 vide funding for methods to reduce the consequences 

24 of a terrorist attack; and 


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1 ‘‘(3) $275,000,000 for fiscal year 2013, of 

2 which $50,000,000 shall be made available to pro3 vide funding for methods to reduce the consequences 

4 of a terrorist attack.’’. 

5 (b) CLERICAL AMENDMENT.—The table of contents 

6 in section 1(b) of such Act is amended by adding at the 

7 end the following: 

‘‘TITLE XXI—REGULATION OF SECURITY PRACTICES AT 

CHEMICAL FACILITIES 

‘‘Sec. 2101. Definitions. 

‘‘Sec. 2102. Risk-based designation and ranking of chemical facilities. 

‘‘Sec. 2103. Security vulnerability assessments and site security plans. 

‘‘Sec. 2104. Site inspections. 

‘‘Sec. 2105. Records. 

‘‘Sec. 2106. Timely sharing of threat information. 

‘‘Sec. 2107. Enforcement. 

‘‘Sec. 2108. Whistleblower protections. 

‘‘Sec. 2109. Federal preemption. 

‘‘Sec. 2110. Protection of information. 

‘‘Sec. 2111. Methods to reduce the consequences of a terrorist attack. 

‘‘Sec. 2112. Applicability. 

‘‘Sec. 2113. Savings clause. 

‘‘Sec. 2114. Office of Chemical Facility Security. 

‘‘Sec. 2115. Security background checks of covered individuals at certain chemical facilities. 

‘‘Sec. 2116. Citizen suits. 

‘‘Sec. 2117. Annual report to Congress. 

‘‘Sec. 2118. Authorization of appropriations.’’. 

8 (c) CONFORMING REPEAL.— 

9 (1) REPEAL.—The Department of Homeland 

10 Security Appropriations Act, 2007 (Public Law 

11 109–295) is amended by striking section 550. 

12 (2) EFFECTIVE DATE.—The amendment made 

13 by paragraph (1) shall take effect on October 1, 

14 2009. 

15 (d) TREATMENT OF CFATS REGULATIONS.— 


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1 (1) SENSE OF CONGRESS.—It is the sense of 

2 Congress that the Secretary of Homeland Security 

3 was granted statutory authority under section 550 

4 of the Department of Homeland Security Appropria5 tions Act (Public Law 109–295) to regulate security 

6 practices at chemical facilities until October 1, 2009. 

7 Pursuant to that section the Secretary prescribed 

8 regulations known as the Chemical Facility Anti9 Terrorism Standards, or ‘‘CFATS’’. 

10 (2) USE OF CURRENT REGULATIONS.—In car11 rying out the requirements of title XXI of the 

12 Homeland Security Act of 2002, as added by sub13 section (a), the Secretary may, to the extent that the 

14 Secretary determines is appropriate, use any of the 

15 regulations known as CFATS regulations, as in ef16 fect immediately before the date of the enactment of 

17 this Act, that the Secretary determines carry out 

18 such requirements. 

19 (3) AMENDMENT OF CFATS.—The Secretary 

20 shall amend the regulations known as the Chemical 

21 Facility Anti-Terrorism Standards to ensure that 

22 such regulations fulfill the requirements of this Act 

23 and the amendments made by this Act, to the extent 

24 that the requirements of this Act and the amend25 ments made by this Act differ from the requirements 


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1 of such regulations, as in effect on the date of the 

2 enactment of this Act. 

3 (4) USE OF TOOLS DEVELOPED FOR CFATS.— 

4 In carrying out this Act and the amendments made 

5 by this Act, to the extent determined appropriate by 

6 the Secretary, the Secretary may use such rules or 

7 tools developed for purposes of the regulations 

8 known as the Chemical Facility Anti-Terrorism 

9 Standards, including the list of substances of con10 cern, usually referred to as ‘‘Appendix A’’ and the 

11 chemical security assessment tool (which includes fa12 cility registration, a top-screen questionnaire, a secu13 rity vulnerability assessment tool, a site security 

14 plan template, and a chemical vulnerability informa15 tion repository). 

16 (e) FACILITIES COVERED BY CFATS.—The owner or 

17 operator of a covered chemical facility, who, before the ef18 fective date of the final regulations issued under title XXI 

19 of the Homeland Security Act of 2002, as added by sub20 section (a), submits a security vulnerability assessment or 

21 site security plan under the regulations known as CFATS 

22 regulations, as in effect immediately before the enactment 

23 of this Act, shall be required to update or amend the facili24 ty’s security vulnerability assessment and site security 

25 plan to reflect any additional requirements of this Act or 


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1 the amendments made by this Act, according to a timeline 

2 established by the Secretary. 

3 (f) CONSULTATION WITH OTHER PERSONS.—In de4 veloping and carrying out the regulations under title XXI 

5 of the Homeland Security Act of 2002, as added by sub6 section (a), the Secretary shall consult with the Adminis7 trator of the Environmental Protection Agency, and other 

8 persons, as appropriate, regarding— 

9 (1) the designation of substances of concern; 

10 (2) methods to reduce the consequences of a 

11 terrorist attack; 

12 (3) security at co-owned and co-operated drink13 ing water and wastewater facilities; 

14 (4) the treatment of protected information; and 

15 (5) such other matters as the Secretary deter16 mines necessary. 

17 (g) DEADLINE FOR REGULATIONS.— 

18 (1) PROPOSED RULE.—The Secretary of Home19 land Security shall promulgate a proposed rule to 

20 fulfill the requirements of title XXI of the Homeland 

21 Security Act of 2002, as added by subsection (a), 

22 not later than 6 months after the date of the enact23 ment of this Act. 

24 (2) FINAL RULE.—The Secretary shall, after 

25 proper notice and opportunity for public comment, 


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1 promulgate a final rule to fulfill the requirements of 

2 such title not later than 18 months after the date 

3 of the enactment of this Act. 

Æ 


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