IB 
Union Calendar No. 178 
111TH CONGRESS 
1ST SESSION H. R. 2868 
[Report No. 111–205, Parts I and II] 
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 Com-
mittee on Homeland Security, and in addition to the Committee on En-
ergy 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 
JULY 13, 2009 
Reported from the Committee on Homeland Security with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
JULY 13, 2009 
Referral to the Committee on Energy and Commerce extended for a period 
ending not later than July 31, 2009 
JULY 13, 2009 
Referred to the Committee on the Judiciary for a period ending not later than 
July 31, 2009, for consideration of such provisions of the bill and the 
amendment as fall within the jurisdiction of that committee pursuant to 
clause 1(k), rule X 
JULY 31, 2009 
Referral to the Committees on Energy and Commerce and the Judiciary 
extended for a period ending not later than September 30, 2009 
VerDate Nov 24 2008 
02:50 Oct 24, 2009
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H2868.RH
H2868
tjames on DSKG8SOYB1PROD with BILLS
SEPTEMBER 30, 2009 
Referral to the Committees on Energy and Commerce and the Judiciary 
extended for a period ending not later than October 23, 2009 
OCTOBER 23, 2009 
Additional sponsors: Ms. NORTON, Mr. HINCHEY, and Mrs. MALONEY 
OCTOBER 23, 2009 
Reported from the Committee on Energy and Commerce with an amendment 
[Strike out all after the enacting clause and insert the part printed in boldface roman] 
OCTOBER 23, 2009 
Committee on the Judiciary discharged; committed to the Committee of the 
Whole House on the State of the Union and ordered to be printed 
[For text of introduced bill, see copy of bill as introduced on June 15, 2009] 
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. 
VerDate Nov 24 2008 
03:17 Oct 24, 2009
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6652
E:\BILLS\H2868.RH
H2868
tjames on DSKG8SOYB1PROD with BILLS
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Chemical Facility Anti- 
Terrorism Act of 2009’’. 
SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The Nation’s chemical sector represents a 
target that terrorists could exploit to cause con-
sequences, including death, injury, or serious adverse 
effects to human health, the environment, critical in-
frastructure, public health, homeland security, na-
tional security, and the national economy. 
(2) Chemical facilities that pose such potential 
consequences and that are vulnerable to terrorist at-
tacks must be protected. 
(3) The Secretary of Homeland Security has 
statutory authority pursuant to section 550 of the De-
partment of Homeland Security Appropriations Act, 
2007 (Public Law 109–295) to regulate the security 
practices at chemical facilities that are at significant 
risk of being terrorist targets. 
(4) The Secretary of Homeland Security issued 
interim final regulations called the Chemical Facility 
VerDate Nov 24 2008 
02:50 Oct 24, 2009
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6203
E:\BILLS\H2868.RH
H2868
tjames on DSKG8SOYB1PROD with BILLS
Anti-Terrorism Standards, which became effective on 
June 8, 2007. 
(b) PURPOSE.—The purpose of this Act is to modify 
and make permanent the authority of the Secretary of 
Homeland Security to regulate security practices at chem-
ical facilities. 
SEC. 3. EXTENSION, MODIFICATION, AND RECODIFICATION 
OF AUTHORITY OF SECRETARY OF HOME-
LAND SECURITY TO REGULATE SECURITY 
PRACTICES AT CHEMICAL FACILITIES. 
(a) IN GENERAL.—The Homeland Security Act of 
2002 (6 U.S.C. 101 et seq.) is amended by adding at the 
end the following new title: 
‘‘TITLE XXI—REGULATION OF SE-
CURITY PRACTICES AT CHEM-
ICAL FACILITIES 
‘‘SEC. 2101. DEFINITIONS. 
‘‘In this title, the following definitions apply: 
‘‘(1) The term ‘chemical facility’ means any fa-
cility— 
‘‘(A) at which the owner or operator of the 
facility possesses or plans to possess at any rel-
evant point in time a substance of concern; or 
‘‘(B) that meets other risk-related criteria 
identified by the Secretary. 
VerDate Nov 24 2008 
02:50 Oct 24, 2009
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6203
E:\BILLS\H2868.RH
H2868
tjames on DSKG8SOYB1PROD with BILLS
‘‘(2) The term ‘chemical facility security per-
formance standards’ means risk-based standards es-
tablished by the Secretary to ensure or enhance the se-
curity of a chemical facility against a chemical facil-
ity terrorist incident that are designed to address the 
following: 
‘‘(A) Restricting the area perimeter. 
‘‘(B) Securing site assets. 
‘‘(C) Screening and controlling access to the 
facility and to restricted areas within the facility 
by screening or inspecting individuals and vehi-
cles as they enter, including— 
‘‘(i) measures to deter the unauthorized 
introduction of dangerous substances and 
devices that may facilitate a chemical facil-
ity terrorist incident or actions having seri-
ous negative consequences for the population 
surrounding the chemical facility; and 
‘‘(ii) measures implementing a regu-
larly updated identification system that 
checks the identification of chemical facility 
personnel and other persons seeking access 
to the chemical facility and that discourages 
abuse 
through 
established 
disciplinary 
measures. 
VerDate Nov 24 2008 
02:50 Oct 24, 2009
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6203
E:\BILLS\H2868.RH
H2868
tjames on DSKG8SOYB1PROD with BILLS
‘‘(D) Methods to deter, detect, and delay a 
chemical facility terrorist incident, creating suf-
ficient time between detection of a chemical facil-
ity terrorist incident and the point at which the 
chemical facility terrorist incident becomes suc-
cessful, including measures to— 
‘‘(i) deter vehicles from penetrating the 
chemical facility perimeter, gaining unau-
thorized access to restricted areas, or other-
wise presenting a hazard to potentially crit-
ical targets; 
‘‘(ii) deter chemical facility terrorist 
incidents through visible, professional, well- 
maintained security measures and systems, 
including security personnel, detection sys-
tems, barriers and barricades, and hardened 
or reduced value targets; 
‘‘(iii) detect chemical facility terrorist 
incidents at early stages through counter 
surveillance, frustration of opportunity to 
observe potential targets, surveillance and 
sensing systems, and barriers and barri-
cades; and 
‘‘(iv) delay a chemical facility terrorist 
incident for a sufficient period of time so as 
VerDate Nov 24 2008 
02:50 Oct 24, 2009
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6203
E:\BILLS\H2868.RH
H2868
tjames on DSKG8SOYB1PROD with BILLS
to allow appropriate response through on- 
site security response, barriers and barri-
cades, hardened targets, and well-coordi-
nated response planning. 
‘‘(E) Securing and monitoring the shipping, 
receipt, and storage of a substance of concern for 
the chemical facility. 
‘‘(F) Deterring theft or diversion of a sub-
stance of concern. 
‘‘(G) Deterring insider sabotage. 
‘‘(H) Deterring cyber sabotage, including by 
preventing unauthorized onsite or remote access 
to critical process controls, including supervisory 
control and data acquisition systems, distributed 
control systems, process control systems, indus-
trial control systems, critical business systems, 
and other sensitive computerized systems. 
‘‘(I) Developing and exercising an internal 
emergency plan for owners, operators, and cov-
ered individuals of a covered chemical facility 
for responding to chemical facility terrorist inci-
dents at the facility. Any such plan shall include 
the provision of appropriate information to any 
local emergency planning committee, local law 
enforcement officials, and emergency response 
VerDate Nov 24 2008 
02:50 Oct 24, 2009
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6203
E:\BILLS\H2868.RH
H2868
tjames on DSKG8SOYB1PROD with BILLS
providers to ensure an effective, collective re-
sponse to terrorist incidents. 
‘‘(J) Maintaining effective monitoring, com-
munications, and warning systems, including— 
‘‘(i) measures designed to ensure that 
security systems and equipment are in good 
working order and inspected, tested, cali-
brated, and otherwise maintained; 
‘‘(ii) measures designed to regularly 
test security systems, note deficiencies, cor-
rect for detected deficiencies, and record re-
sults so that they are available for inspec-
tion by the Department; and 
‘‘(iii) measures to allow the chemical 
facility to promptly identify and respond to 
security system and equipment failures or 
malfunctions. 
‘‘(K) Ensuring mandatory annual security 
training, exercises, and drills of chemical facility 
personnel appropriate to their roles, responsibil-
ities, and access to chemicals, including partici-
pation by local law enforcement, local emergency 
response providers, appropriate supervisory and 
non-supervisory facility employees and their em-
ployee representatives, if any. 
VerDate Nov 24 2008 
02:50 Oct 24, 2009
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6203
E:\BILLS\H2868.RH
H2868
tjames on DSKG8SOYB1PROD with BILLS
‘‘(L) Performing personnel surety for indi-
viduals with access to restricted areas or critical 
assets by conducting appropriate background 
checks and ensuring appropriate credentials for 
unescorted visitors and chemical facility per-
sonnel, including permanent and part-time per-
sonnel, temporary personnel, and contract per-
sonnel, including— 
‘‘(i) measures designed to verify and 
validate identity; 
‘‘(ii) measures designed to check crimi-
nal history; 
‘‘(iii) measures designed to verify and 
validate legal authorization to work; and 
‘‘(iv) measures designed to identify 
people with terrorist ties. 
‘‘(M) Escalating the level of protective meas-
ures for periods of elevated threat. 
‘‘(N) Specific threats, vulnerabilities, or 
risks identified by the Secretary for that chem-
ical facility. 
‘‘(O) Reporting of significant security inci-
dents to the Department and to appropriate local 
law enforcement officials. 
VerDate Nov 24 2008 
02:50 Oct 24, 2009
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6203
E:\BILLS\H2868.RH
H2868
tjames on DSKG8SOYB1PROD with BILLS
‘‘(P) Identifying, investigating, reporting, 
and maintaining records of significant security 
incidents and suspicious activities in or near the 
site. 
‘‘(Q) Establishing one or more officials and 
an organization responsible for— 
‘‘(i) security; 
‘‘(ii) compliance with the standards 
under this paragraph; 
‘‘(iii) serving as the point of contact 
for incident management purposes with 
Federal, State, local, and tribal agencies, 
law enforcement, and emergency response 
providers; and 
‘‘(iv) coordination with Federal, State, 
local, and tribal agencies, law enforcement, 
and emergency response providers regarding 
plans and security measures for the collec-
tive response to a chemical facility terrorist 
incident. 
‘‘(R) Maintaining appropriate records re-
lating to the security of the facility, including a 
copy of the most recent security vulnerability as-
sessment and site security plan at the chemical 
facility. 
VerDate Nov 24 2008 
02:50 Oct 24, 2009
Jkt 089200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6203
E:\BILLS\H2868.RH
H2868
tjames on DSKG8SOYB1PROD with BILLS
‘‘(S) Assessing and, as appropriate, uti-
lizing methods to reduce the consequences of a 
terrorist attack. 
‘‘(T) Methods to recover or mitigate the re-
lease of a substance of concern in the event of a 
chemical facility terrorist incident. 
‘‘(U) Any additional security performance 
standards the Secretary may specify. 
‘‘(3) The term ‘chemical facility terrorist inci-
dent’ means any act or attempted act of terrorism or 
terrorist activity committed at, near, or against a 
chemical facility, including— 
‘‘(A) the release of a substance of concern 
from a chemical facility; 
‘‘(B) the theft, misappropriation, or misuse 
of a substance of concern from a chemical facil-
ity; or 
‘‘(C) the sabotage of a chemical facility or 
a substance of concern at a chemical facility. 
‘‘(4) The term ‘employee representative’ means 
the representative of the certified or recognized bar-
gaining agent engaged in a collective bargaining rela-
tionship with a private or public owner or operator 
of a chemical facility. 
VerDate Nov 24 2008 
02:50 Oct 24, 2009
Jkt 089200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6203
E:\BILLS\H2868.RH
H2868
tjames on DSKG8SOYB1PROD with BILLS
‘‘(5) The term ‘covered individual’ means a per-
manent, temporary, full-time, or part-time employee 
of a covered chemical facility or an employee of an 
entity with which the covered chemical facility has 
entered into a contract who is performing responsibil-
ities at the facility pursuant to the contract. 
‘‘(6) The term ‘covered chemical facility’ means 
a chemical facility that meets the criteria of section 
2102(b)(1). 
‘‘(7) The term ‘environment’ means— 
‘‘(A) the navigable waters, the waters of the 
contiguous zone, and the ocean waters of which 
the natural resources are under the exclusive 
management authority of the United States 
under the Magnuson-Stevens Fishery Conserva-
tion and Management Act (16 U.S.C. 1801 et 
seq.); and 
‘‘(B) any other surface water, ground water, 
drinking water supply, land surface or sub-
surface strata, or ambient air within the United 
States or under the jurisdiction of the United 
States. 
‘‘(8) The term ‘owner or operator’ with respect to 
a facility means any of the following: 
‘‘(A) The person who owns the facility. 
VerDate Nov 24 2008 
02:50 Oct 24, 2009
Jkt 089200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6203
E:\BILLS\H2868.RH
H2868
tjames on DSKG8SOYB1PROD with BILLS
‘‘(B) The person who has responsibility for 
daily operation of the facility. 
‘‘(C) The person who leases the facility. 
‘‘(9) The term ‘person’ means an individual, 
trust, firm, joint stock company, corporation (includ-
ing a government corporation), partnership, associa-
tion, State, municipality, commission, political sub-
division of a State, or any interstate body and shall 
include each department, agency, and instrumentality 
of the United States. 
‘‘(10) The term ‘release’ means any spilling, 
leaking, pumping, pouring, emitting, emptying, dis-
charging, injecting, escaping, leaching, dumping, or 
disposing into the environment (including the aban-
donment or discarding of barrels, containers, and 
other closed receptacles containing any hazardous sub-
stance or pollutant or contaminant), but excludes (A) 
any release which results in exposure to persons solely 
within a workplace, with respect to a claim which 
such persons may assert against the employer of such 
persons, (B) emissions from the engine exhaust of a 
motor vehicle, rolling stock, aircraft, vessel, or pipe-
line pumping station engine, (C) release of source, by-
product, or special nuclear material from a nuclear 
incident, as those terms are defined in the Atomic 
VerDate Nov 24 2008 
02:50 Oct 24, 2009
Jkt 089200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6203
E:\BILLS\H2868.RH
H2868
tjames on DSKG8SOYB1PROD with BILLS
Energy Act of 1954 (42 U.S.C. 2011 et seq.), if such 
release is subject to requirements with respect to fi-
nancial protection established by the Nuclear Regu-
latory Commission under section 170 of such Act (42 
U.S.C. 2210), or, for the purposes of section 104 of the 
Comprehensive Environmental Response Compensa-
tion and Liability Act of 1980 (42 U.S.C. 9604) or 
any other response action, any release of source by-
product, or special nuclear material from any proc-
essing site designated under section 102(a)(1) or 
302(a) of the Uranium Mill Tailings Radiation Con-
trol Act of 1978 (42 U.S.C. 7912(a)(1); and (D) the 
normal application of fertilizer. 
‘‘(11) The term ‘substance of concern’ means a 
chemical substance in quantity and form that is so 
designated by the Secretary under section 2102(a). 
‘‘(12) The term ‘method to reduce the con-
sequences of a terrorist attack’ means a measure used 
at a chemical facility that reduces or eliminates the 
potential consequences of a chemical facility terrorist 
incident, including— 
‘‘(A) the elimination or reduction in the 
amount of a substance of concern possessed or 
planned to be possessed by an owner or operator 
VerDate Nov 24 2008 
02:50 Oct 24, 2009
Jkt 089200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6203
E:\BILLS\H2868.RH
H2868
tjames on DSKG8SOYB1PROD with BILLS
of a covered chemical facility through the use of 
alternate substances, formulations, or processes; 
‘‘(B) the modification of pressures, tempera-
tures, or concentrations of a substance of con-
cern; and 
‘‘(C) the reduction or elimination of onsite 
handling of a substance of concern through im-
provement of inventory control or chemical use 
efficiency. 
‘‘(13) The term ‘academic laboratory’ means an 
area owned by an eligible institution of higher edu-
cation defined pursuant to section 101 of the Higher 
Education Act of 1965 (20 U.S.C. 2001) or a non- 
profit research institute or teaching hospital that has 
a formal affiliation with a college or university where 
relatively small quantities of chemicals and other sub-
stances are used on a non-production basis for teach-
ing, research, or diagnostic purposes, and are stored 
and used in containers that are easily manipulated 
by one person, including photo laboratories, art stu-
dios, field laboratories research farms, chemical stock-
rooms, and preparatory laboratories. 
‘‘(14) The term ‘surface transportation modes’ 
means mass transit, commuter and long-distance pas-
senger rail, freight rail, commercial vehicles (includ-
VerDate Nov 24 2008 
02:50 Oct 24, 2009
Jkt 089200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6203
E:\BILLS\H2868.RH
H2868
tjames on DSKG8SOYB1PROD with BILLS
ing intercity buses), and pipelines, and related infra-
structure (including roads and highways), that are 
within the territory of the United States. 
‘‘SEC. 2102. RISK-BASED DESIGNATION AND RANKING OF 
CHEMICAL FACILITIES. 
‘‘(a) SUBSTANCES OF CONCERN.— 
‘‘(1) DESIGNATION
BY
THE
SECRETARY.—The 
Secretary may designate any chemical substance as a 
substance of concern and establish the threshold quan-
tity for each such substance of concern. 
‘‘(2) MATTERS FOR CONSIDERATION.—In desig-
nating a chemical substance or establishing or adjust-
ing the threshold quantity for a chemical substance 
under paragraph (1), the Secretary shall consider the 
potential extent of death, injury, and serious adverse 
effects to human health, the environment, critical in-
frastructure, public health, homeland security, na-
tional security, and the national economy that could 
result from a chemical facility terrorist incident. 
‘‘(b) LIST OF COVERED CHEMICAL FACILITIES.— 
‘‘(1) CRITERIA FOR LIST OF FACILITIES.—The 
Secretary shall maintain a list of covered chemical 
facilities that the Secretary determines are of suffi-
cient security risk for inclusion on the list based on 
the following criteria: 
VerDate Nov 24 2008 
02:50 Oct 24, 2009
Jkt 089200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6203
E:\BILLS\H2868.RH
H2868
tjames on DSKG8SOYB1PROD with BILLS
‘‘(A) The potential threat or likelihood that 
the chemical facility will be the target of a chem-
ical facility terrorist incident. 
‘‘(B) The potential extent and likelihood of 
death, injury, or serious adverse effects to human 
health, the environment, critical infrastructure, 
public health, homeland security, national secu-
rity, and the national economy that could result 
from a chemical facility terrorist incident. 
‘‘(C) The proximity of the chemical facility 
to large population centers. 
‘‘(2) SUBMISSION
OF
INFORMATION.—The Sec-
retary may require the submission of information 
with respect to the quantities of substances of concern 
that an owner or operator of a chemical facility pos-
sesses or plans to possess in order to determine wheth-
er to designate a chemical facility as a covered chem-
ical facility for purposes of this title. 
‘‘(c) ASSIGNMENT OF CHEMICAL FACILITIES TO RISK- 
BASED TIERS.— 
‘‘(1) ASSIGNMENT.—The Secretary shall assign 
each covered chemical facility to one of four risk-based 
tiers established by the Secretary, with tier one rep-
resenting the highest degree of risk and tier four the 
lowest degree of risk. 
VerDate Nov 24 2008 
02:50 Oct 24, 2009
Jkt 089200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6203
E:\BILLS\H2868.RH
H2868
tjames on DSKG8SOYB1PROD with BILLS
‘‘(2) PROVISION
OF
INFORMATION.—The Sec-
retary may request, and the owner or operator of a 
covered chemical facility shall provide, any addi-
tional information beyond any information required 
to be submitted under subsection (b)(2) that may be 
necessary for the Secretary to assign the chemical fa-
cility to the appropriate tier under paragraph (1). 
‘‘(3) NOTIFICATION.—Not later than 60 days 
after the date on which the Secretary determines that 
a chemical facility is a covered chemical facility or 
is no longer a covered chemical facility or changes the 
tier assignment under paragraph (1) of a covered 
chemical facility, the Secretary shall notify the owner 
or operator of that chemical facility of that deter-
mination or change together with the reason for the 
determination or change and, upon the request of the 
owner or operator of a covered chemical facility, pro-
vide to the owner or operator of the covered chemical 
facility the following information: 
‘‘(A) The number of individuals at risk of 
death, injury, or severe adverse effects to human 
health as a result of a worst case chemical facil-
ity terrorist incident at the covered chemical fa-
cility. 
VerDate Nov 24 2008 
02:50 Oct 24, 2009
Jkt 089200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6203
E:\BILLS\H2868.RH
H2868
tjames on DSKG8SOYB1PROD with BILLS