I 
109TH CONGRESS 
1ST SESSION H. R. 2237 
To help protect the public against the threat of chemical attacks. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 10, 2005 
Mr. PALLONE introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committee on 
Homeland Security, 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 help protect the public against the threat of chemical 
attacks. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as 
the‘‘Chemical Security Act of 2005’’. 
(b) TABLE OF CONTENTS.—The table of contents is 
as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
Sec. 3. Definitions. 
Sec. 4. Designation of and requirements for high priority categories. 
Sec. 5. Disseminating information on inherently safer technologies.
Sec. 6. Employee and first responder training. 
Sec. 7. Enforcement. 
Sec. 8. Recordkeeping and entry. 
Sec. 9. Penalties. 
Sec. 10. No effect on requirements under other law. 
Sec. 11. Authorization of appropriations. 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) the chemical industry is a crucial part of 
the critical infrastructure of the United States— 
(A) in its own right; and 
(B) because that industry supplies re-
sources essential to the functioning of other 
critical infrastructures; 
(2) the possibility of terrorist and criminal at-
tacks on chemical sources (such as industrial facili-
ties) poses a serious threat to public health, safety, 
and welfare, critical infrastructure, national security, 
and the environment; 
(3) the possibility of theft of dangerous chemi-
cals from chemical sources for use in terrorist at-
tacks poses a further threat to public health, safety, 
and welfare, critical infrastructure, national security, 
and the environment; and 
(4) there are significant opportunities to pre-
vent theft from, and criminal attack on, chemical 
sources and reduce the harm that such acts would 
produce by—
(A)(i) reducing usage and storage of 
chemicals by changing production methods and 
processes; and 
(ii) employing inherently safer technologies 
in the manufacture, transport, and use of 
chemicals; 
(B) enhancing secondary containment and 
other existing mitigation measures; and 
(C) improving security. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) CHEMICAL SOURCE.—The term ‘‘chemical 
source’’ means a stationary source (as defined in 
section 112(r)(2) of the Clean Air Act (42 U.S.C. 
7412(r)(2))) that contains a substance of concern. 
(3) COVERED SUBSTANCE OF CONCERN.—The 
term ‘‘covered substance of concern’’ means a sub-
stance of concern that, in combination with a chem-
ical source and other factors, is designated as a high 
priority category by the Administrator under section 
4(a)(1).
(4) 
EMPLOYEE.—The 
term 
‘‘employee’’ 
means— 
(A) a duly recognized collective bargaining 
representative at a chemical source; or 
(B) in the absence of such a representa-
tive, other appropriate personnel. 
(5) FIRST
RESPONDER.—The term ‘‘first re-
sponder’’ includes firefighters and emergency med-
ical personnel. 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Homeland Security. 
(7) SAFER DESIGN AND MAINTENANCE.—The 
term ‘‘safer design and maintenance’’ includes, with 
respect to a chemical source that is within a high 
priority category designated under section 4(a)(1), 
implementation, to the extent practicable, of the 
practices of— 
(A) preventing or reducing the vulner-
ability of the chemical source to a release of a 
covered substance of concern through use of in-
herently safer technology; 
(B) reducing any vulnerability of the chem-
ical source to a release of a covered substance 
of concern that remains after the measures de-
scribed in subparagraph (A) through use of