I 
109TH CONGRESS 
2D SESSION 
H. R. 5695 
To amend the Homeland Security Act of 2002 to provide for the regulation 
of certain chemical facilities, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 28, 2006 
Mr. DANIEL E. LUNGREN of California (for himself, Mr. THOMPSON of Mis-
sissippi, Mr. SHAYS, Ms. LORETTA SANCHEZ of California, Mr. LINDER, 
Ms. HARMAN, Mr. MCCAUL of Texas, Ms. JACKSON-LEE of Texas, Mr. 
SIMMONS, Mrs. CHRISTENSEN, and Mr. FOSSELLA) introduced the fol-
lowing 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 consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To amend the Homeland Security Act of 2002 to provide 
for the regulation of certain chemical facilities, and for 
other purposes. 
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 2006’’. 
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SEC. 2. REGULATION OF 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 XVIII—REGULATION OF 
CHEMICAL FACILITIES 
‘‘SEC. 1801. DEFINITIONS. 
‘‘In this title, the following definitions apply: 
‘‘(1) The term ‘environment’ has the meaning 
given the term in section 101 of the Comprehensive 
Environmental Response Compensation and Liability 
Act of 1980 (42 U.S.C. 9601). 
‘‘(2) The term ‘owner or operator of a chemical 
facility’ means any person who owns, leases, or oper-
ates a chemical facility. 
‘‘(3) The term ‘release’ has the meaning given 
the term in section 101 of the Comprehensive Envi-
ronmental Response Compensation and Liability Act 
of 1980 (42 U.S.C. 9601). 
‘‘(4) The term ‘chemical facility security meas-
ure’ means any action taken to ensure or enhance 
the security of a chemical facility against a chemical 
facility terrorist incident, including— 
‘‘(A) employee background checks; 
‘‘(B) employee training; 
‘‘(C) personnel security measures; 
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‘‘(D) the limitation and prevention of ac-
cess to controls of the chemical facility; 
‘‘(E) protection of the perimeter of the 
chemical facility or the portion or sector within 
the facility in which a substance of concern is 
stored, used or handled, utilizing fences, bar-
riers, guards, or other means; 
‘‘(F) installation and operation of cameras 
or other intrusion detection sensors; 
‘‘(G) the implementation of measures to 
increase computer or computer network secu-
rity; 
‘‘(H) contingency and evacuation plans; 
‘‘(I) the relocation or hardening of storage 
or containment equipment; and 
‘‘(J) other security measures to prevent, 
protect against, or reduce the consequences of 
a chemical facility terrorist incident, as deter-
mined by the Secretary. 
‘‘(5) The term ‘substance of concern’ means a 
chemical substance in quantity and form that— 
‘‘(A) is listed under paragraph (3) of sec-
tion 112(r) of the Clean Air Act (42 U.S.C. 
7412(r)) and has not been exempted from des-
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ignation as a substance of concern by the Sec-
retary under section 4(a); or 
‘‘(B) is designated by the Secretary by reg-
ulation in accordance with section 1802(a). 
‘‘(6) The term ‘chemical facility terrorist inci-
dent’ means— 
‘‘(A) an act of terrorism committed against 
a chemical facility; 
‘‘(B) the release of a substance of concern 
from a chemical facility into the surrounding 
area as a consequence of an act of terrorism; or 
‘‘(C) the obtaining of a substance of con-
cern by any person for the purposes of releasing 
the substance off-site in furtherance of an act 
of terrorism. 
‘‘SEC. 1802. DESIGNATION AND RANKING OF CHEMICAL FA-
CILITIES. 
‘‘(a) SUBSTANCES OF CONCERN.— 
‘‘(1) DESIGNATION BY THE SECRETARY.—The 
Secretary may— 
‘‘(A) designate any chemical substance as 
a substance of concern; 
‘‘(B) exempt any chemical substance from 
being designated as a substance of concern; 
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‘‘(C) establish and revise, for purposes of 
making determinations under subsection (b), 
the threshold quantity for a chemical substance; 
or 
‘‘(D) require the submission of information 
with respect to the quantities of substances of 
concern that are used, stored, manufactured, 
processed, or distributed by any chemical facil-
ity. 
‘‘(2) MATTERS FOR CONSIDERATION.— 
‘‘(A) IN GENERAL.—In designating or ex-
empting a chemical substance or establishing or 
adjusting the threshold quantity for a chemical 
substance under paragraph (1), the Secretary 
shall consider the potential extent of death, in-
jury, or serious adverse effects to human 
health, the environment, critical infrastructure, 
national security, the national economy, or pub-
lic welfare that would result from a terrorist re-
lease of the chemical substance. 
‘‘(B) ADOPTION OF CERTAIN THRESHOLD 
QUANTITIES.—The Secretary may adopt the 
threshold quantity established under paragraph 
(5) of subsection (r) of section 112 of the Clean 
Air Act (42 U.S.C. 7412(r)(5)) for any sub-
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stance of concern that is also listed under para-
graph (3) of that subsection. 
‘‘(b) LIST OF SIGNIFICANT CHEMICAL FACILITIES.— 
‘‘(1) IN GENERAL.—The Secretary shall main-
tain a list of significant chemical facilities in accord-
ance with this subsection. 
‘‘(2) REQUIRED
FACILITIES.—The Secretary 
shall include on the list maintained under paragraph 
(1) a chemical facility that has more than the 
threshold quantity established by the Secretary of 
any substance of concern. 
‘‘(3) AUTHORITY TO DESIGNATE CHEMICAL FA-
CILITIES.—The Secretary may designate a chemical 
facility not required to be included under paragraph 
(2) as a significant chemical facility and shall in-
clude such a facility on the list maintained under 
paragraph (1). In designating a chemical facility 
under this paragraph, the Secretary shall use the 
following criteria: 
‘‘(A) The potential threat or likelihood that 
the chemical facility will be the target of ter-
rorism. 
‘‘(B) The potential extent of death, serious 
injury or adverse effects to the health and safe-
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