ty of the surrounding population that could re-
sult from a chemical facility terrorist incident. 
‘‘(C) The nature and quantity of the sub-
stances of concern present at the chemical facil-
ity. 
‘‘(D) The potential threat caused by a per-
son obtaining a substance of concern in further-
ance of an act of terrorism. 
‘‘(E) The potential harm to critical infra-
structure, national security, and the national 
economy from a chemical facility terrorist inci-
dent. 
‘‘(c) ASSIGNMENT
OF CHEMICAL FACILITIES
TO 
RISK-BASED TIERS.— 
‘‘(1) ASSIGNMENT.—The Secretary shall assign 
each chemical facility on the list of significant chem-
ical facilities under subsection (b) to one of at least 
four risk-based tiers established by the Secretary. 
‘‘(2) PROVISION OF INFORMATION.—The Sec-
retary may request, and a chemical facility shall pro-
vide, any information the Secretary determines is 
necessary for the Secretary to assign the chemical 
facility to the appropriate tier under paragraph (1). 
‘‘(3) NOTIFICATION.—Not later than 60 days 
after assigning a chemical facility to a tier under 
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this subsection, the Secretary shall notify the chem-
ical facility of the tier to which the facility is as-
signed and shall provide the facility with the reasons 
for assignment of the facility to such tier. 
‘‘(4) HIGH-RISK
CHEMICAL
FACILITIES.—At 
least one of the tiers established by the Secretary for 
the assignment of chemical facilities under this sub-
section shall be a tier designated for high-risk chem-
ical facilities. 
‘‘(d) PERIODIC REVIEW OF LIST OF CHEMICAL FA-
CILITIES.— 
‘‘(1) REQUIREMENT.—Not later than 3 years 
after the date on which the Secretary develops the 
list of significant chemical facilities under subsection 
(b)(1) and every 3 years thereafter, the Secretary 
shall— 
‘‘(A) consider the criteria under subsection 
(b)(3); and 
‘‘(B) determine whether to add a chemical 
facility to the list of significant chemical facili-
ties maintained under subsection (b)(1) or to 
remove or change the tier assignment of any 
chemical facility on such list. 
‘‘(2) AUTHORITY TO REVIEW.—The Secretary 
may, at any time, after considering the criteria 
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under subsection (b)(3), add a chemical facility to 
the list of significant chemical facilities maintained 
under subsection (b)(1) or remove or change the tier 
assignment of any chemical facility on such list. 
‘‘(3) NOTIFICATION.—Not later than 30 days 
after the date on which the Secretary adds a facility 
to the list of significant chemical facilities main-
tained by the Secretary under subsection (b)(1), re-
moves a facility from such list, or changes the tier 
assignment of any facility on such list, the Secretary 
shall notify the owner of that facility of that addi-
tion, removal, or change. 
‘‘SEC. 1803. VULNERABILITY ASSESSMENTS AND FACILITY 
SECURITY PLANS. 
‘‘(a) VULNERABILITY ASSESSMENT AND FACILITY 
SECURITY PLAN REQUIRED
FOR CHEMICAL FACILI-
TIES.— 
‘‘(1) REQUIREMENT
FOR
VULNERABILITY
AS-
SESSMENT AND SECURITY PLAN.— 
‘‘(A) REGULATIONS REQUIRED.—The Sec-
retary shall prescribe regulations to— 
‘‘(i) establish standards, protocols, 
and procedures for vulnerability assess-
ments and facility security plans to be re-
quired for chemical facilities on the list 
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maintained by the Secretary under section 
1802(b)(1); and 
‘‘(ii) require the owner or operator of 
each such facility assigned to the high-risk 
tier under section 1802(c)(4), to— 
‘‘(I) conduct an assessment of 
the vulnerability of the chemical facil-
ity to a chemical facility terrorist inci-
dent 
in 
accordance 
with 
section 
1803(b)(1); and 
‘‘(II) prepare and implement a 
facility security plan that addresses 
the results of the vulnerability assess-
ment in accordance with section 
1803(b)(2); and 
‘‘(iii) set deadlines for the completion 
of vulnerability assessments and facility se-
curity plans. 
‘‘(B) DEADLINE FOR HIGH-RISK CHEMICAL 
FACILITIES.—The owner or operator of a facil-
ity assigned to the high-risk tier under section 
1802(c)(4) shall submit to the Secretary a vul-
nerability assessment and facility security plan 
not later than 6 months after the date on which 
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the Secretary prescribes regulations under this 
subsection. 
‘‘(2) CRITERIA FOR REGULATIONS.—The regu-
lations required under paragraph (1) shall— 
‘‘(A) be risk-based; 
‘‘(B) be performance-based; and 
‘‘(C) take into consideration— 
‘‘(i) the cost and technical feasibility 
of the compliance by a chemical facility 
with the requirements under this title; 
‘‘(ii) the different quantities and 
forms of substances of concern stored, 
used, and handled at chemical facilities; 
and 
‘‘(iii) the matters for consideration 
under section 1802(a)(2). 
‘‘(3) PROVISION
OF
ASSISTANCE
AND
GUID-
ANCE.—The Secretary shall provide assistance and 
guidance to a chemical facility conducting a vulner-
ability assessment or facility security plan required 
under this section. 
‘‘(b) ADDITIONAL REQUIREMENTS FOR HIGH-RISK 
CHEMICAL FACILITIES.— 
‘‘(1) REQUIREMENTS FOR VULNERABILITY AS-
SESSMENTS.—In the case of a facility assigned to 
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the high-risk tier under section 1802(c)(4), the Sec-
retary shall require that the vulnerability assessment 
required under this section include each of the fol-
lowing: 
‘‘(A) The identification of any hazard that 
could result from a chemical facility terrorist 
incident at the facility. 
‘‘(B) The number of individuals at risk of 
death, injury, or severe adverse effects to 
human health as a result of a chemical facility 
terrorist incident at the facility. 
‘‘(C) Information related to the criticality 
of the facility for purposes of assessing the de-
gree to which the facility is critical to the econ-
omy or national security of the United States. 
‘‘(D) The proximity or interrelationship of 
the facility to other critical infrastructure. 
‘‘(E) Any vulnerability of the facility with 
respect to— 
‘‘(i) physical security; 
‘‘(ii) programmable electronic devices, 
computers, computer or communications 
networks, or other automated systems used 
by the facility; 
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