I 
112TH CONGRESS 
1ST SESSION 
H. R. 901 
To amend the Homeland Security Act of 2002 to codify the requirement 
that the Secretary of Homeland Security maintain chemical facility anti- 
terrorism security regulations. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 3, 2011 
Mr. DANIEL E. LUNGREN of California (for himself, Mr. KING of New York, 
Mr. ROGERS of Alabama, Mr. MCCAUL, Mr. LONG, Mr. MARINO, Mr. 
WALBERG, and Mr. WALSH of Illinois) introduced the following bill; 
which was referred to the Committee on Homeland Security, and in addi-
tion to the Committee on Energy and Commerce, for a period to be sub-
sequently 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 codify 
the requirement that the Secretary of Homeland Security 
maintain chemical facility anti-terrorism security regula-
tions. 
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 Security Authorization Act of 2011’’. 
VerDate Mar 15 2010 
02:02 Mar 05, 2011
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H901.IH
H901
pwalker on DSKD5P82C1PROD with BILLS
SEC. 2. CHEMICAL FACILITY ANTI-TERRORISM SECURITY 
REGULATIONS. 
(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—CHEMICAL FACIL-
ITY ANTI-TERRORISM SECU-
RITY REGULATIONS 
‘‘SEC. 2101. CHEMICAL FACILITY ANTI-TERRORISM SECU-
RITY REGULATIONS. 
‘‘(a) IN GENERAL.—The Secretary shall maintain, 
and revise as necessary, regulations to protect chemical 
facilities against terrorism and potential terrorist attacks. 
Such regulations shall include— 
‘‘(1) risk-based performance standards for 
chemical facility security; 
‘‘(2) requirements for chemical facility security 
vulnerability assessments; and 
‘‘(3) requirements for the development and im-
plementation of chemical facility site security plans. 
‘‘(b) FACILITIES REGULATED.—The regulations re-
quired by subsection (a) shall apply to any chemical facil-
ity that the Secretary determines presents a high level of 
security risk with respect to acts of terrorism, except that 
the Secretary may not apply such regulations to any of 
the following: 
VerDate Mar 15 2010 
02:02 Mar 05, 2011
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H901.IH
H901
pwalker on DSKD5P82C1PROD with BILLS
‘‘(1) Any facility owned or operated by the De-
partment of Defense. 
‘‘(2) Any facility owned or operated by the De-
partment of Energy. 
‘‘(3) Any facility subject to regulation by the 
Nuclear Regulatory Commission. 
‘‘(4) Any facility regulated under chapter 701 
of title 46, United States Code. 
‘‘(5) A public water system, as such term is de-
fined by section 1401(4) of the Safe Drinking Water 
Act (42 U.S.C. 300f(4)). 
‘‘(6) A treatment works, as such term is de-
fined by section 212(2) of the Federal Water Pollu-
tion Control Act (33 U.S.C. 1292(2)). 
‘‘(c) SECURITY MEASURES.—The regulations re-
quired by subsection (a) shall provide that each such facil-
ity, in developing and implementing site security plans, be 
permitted to select layered security measures that, in com-
bination, appropriately address the vulnerability assess-
ment and the risk-based performance standards for secu-
rity for the facility. 
‘‘(d) REVIEW.— 
‘‘(1) IN GENERAL.—The Secretary shall review 
and approve or disapprove each vulnerability assess-
VerDate Mar 15 2010 
02:02 Mar 05, 2011
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H901.IH
H901
pwalker on DSKD5P82C1PROD with BILLS
ment and site security plan required under this title 
or by the regulations required by subsection (a). 
‘‘(2) STANDARDS FOR DISAPPROVAL.—The Sec-
retary may not disapprove such a site security plan 
based on the presence or absence of a particular se-
curity measure, but the Secretary may disapprove 
such a site security plan if the plan fails to satisfy 
the risk-based performance standards established by 
the Secretary. 
‘‘(e) ALTERNATIVE SECURITY PROGRAMS.—The Sec-
retary may approve any alternative security program es-
tablished by a private sector entity or Federal, State, or 
local authority, or under another applicable law, if the Sec-
retary determines that the requirements of such program 
meets the requirements of this title and any regulations 
issued or maintained pursuant to this title. 
‘‘SEC. 2102. INFORMATION PROTECTION. 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of law, information developed pursuant to this title, 
or pursuant to the regulations required by section 
2101(a), including vulnerability assessments, site security 
plans, and other security related information, records, and 
documents shall be given protections from public disclo-
sure consistent with similar information developed by 
VerDate Mar 15 2010 
02:02 Mar 05, 2011
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H901.IH
H901
pwalker on DSKD5P82C1PROD with BILLS
chemical facilities subject to regulation under section 
70103 of title 46, United States Code. 
‘‘(b) SHARING OF INFORMATION.— 
‘‘(1) STATE AND LOCAL GOVERNMENTS.—This 
section does not prohibit the sharing of such infor-
mation, as the Secretary determines appropriate, 
with State and local government officials possessing 
the appropriate security clearances, including emer-
gency response providers, for the purpose of carrying 
out this title, as long as such information may not 
be disclosed pursuant to any State or local law. 
‘‘(2) CONGRESS.—Nothing in this title shall 
permit or authorize the withholding of information 
from Congress or any committee or subcommittee 
thereof. 
‘‘(c) 
ADMINISTRATIVE
AND
JUDICIAL
PRO-
CEEDINGS.—In any proceeding to enforce this title, vul-
nerability assessments, site security plans, and other infor-
mation submitted to or obtained by the Secretary under 
this title, and related vulnerability or security information, 
shall be treated as if the information were classified mate-
rial. 
‘‘SEC. 2103. ENFORCEMENT. 
‘‘(a) IN GENERAL.—The Secretary shall audit and 
inspect chemical facilities subject to regulation under this 
VerDate Mar 15 2010 
02:02 Mar 05, 2011
Jkt 099200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H901.IH
H901
pwalker on DSKD5P82C1PROD with BILLS
title for the purposes of determining compliance with this 
title and the regulations required by section 2101(a). 
‘‘(b) ORDERS FOR COMPLIANCE.—If the Secretary 
determines that a chemical facility is not in compliance 
with this title or the regulations required by section 
2101(a), the Secretary shall provide the owner or operator 
of the facility with written notification (including a clear 
explanation of deficiencies in the vulnerability assessment 
and site security plan) and an opportunity for consulta-
tion, and issue an order to comply by such date as the 
Secretary determines to be appropriate under the cir-
cumstances. 
‘‘(c) CIVIL PENALTIES.—Any person who violates an 
order issued under this title shall be liable for a civil pen-
alty under section 70119(a) of title 46, United States 
Code. 
‘‘(d) ORDER TO CEASE OPERATION.—If the owner 
or operator of a chemical facility subject to regulation 
under this title continues to be in noncompliance, the Sec-
retary may issue an order for the facility to cease oper-
ation until the owner or operator complies with the order. 
‘‘(e) EXCEPTION.—Nothing in this title confers upon 
any person except the Secretary a right of action against 
an owner or operator of a chemical facility to enforce any 
provision of this title. 
VerDate Mar 15 2010 
02:02 Mar 05, 2011
Jkt 099200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H901.IH
H901
pwalker on DSKD5P82C1PROD with BILLS
‘‘SEC. 2104. SCOPE. 
‘‘Nothing in this title shall be construed to supersede, 
amend, alter, or affect any Federal law that regulates the 
manufacture, distribution in commerce, use, sale, other 
treatment, or disposal of chemical substances or mixtures. 
‘‘SEC. 2105. PREEMPTION. 
‘‘This title shall not preclude or deny any right of 
any State or political subdivision thereof to adopt or en-
force any regulation, requirement, or standard of perform-
ance with respect to chemical facility security that is more 
stringent than a regulation, requirement, or standard of 
performance required under this title, or otherwise impair 
any right or jurisdiction of any State with respect to chem-
ical facilities within that State, unless there is an actual 
conflict between this title and the law of that State. 
‘‘SEC. 2106. TERMINATION. 
‘‘The authority provided by this title shall terminate 
on September 30, 2018. 
‘‘SEC. 2107. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There is authorized to be appropriated to the Sec-
retary to carry out this title $93,000,000 for each of fiscal 
years 2012 through 2018.’’. 
(b) TABLE OF CONTENTS.—The table of contents in 
section 2 of the Homeland Security Act of 2002 (6 U.S.C. 
101 et seq.) is amended by adding at the end the following 
new items: 
VerDate Mar 15 2010 
02:02 Mar 05, 2011
Jkt 099200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H901.IH
H901
pwalker on DSKD5P82C1PROD with BILLS
TITLE XXI—CHEMICAL FACILITY ANTI-TERRORISM SECURITY 
REGULATIONS 
Sec. 2101. Chemical facility anti-terrorism security regulations. 
Sec. 2102. Information protection. 
Sec. 2103. Enforcement. 
Sec. 2104. Scope. 
Sec. 2105. Preemption. 
Sec. 2106. Termination. 
Sec. 2107. Authorization of appropriations. 
SEC. 3. CONFORMING REPEAL. 
(a) REPEAL.—The Department of Homeland Secu-
rity Appropriations Act, 2007 (Public Law 109–295) is 
amended by striking section 550. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act. 
Æ 
VerDate Mar 15 2010 
02:02 Mar 05, 2011
Jkt 099200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6301
E:\BILLS\H901.IH
H901
pwalker on DSKD5P82C1PROD with BILLS