I 
110TH CONGRESS 
2D SESSION 
H. R. 5533 
To revise and extend the chemical-facility security program under Public 
Law 109–295, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 5, 2008 
Mr. WYNN introduced the following bill; which was referred to the Committee 
on Energy and Commerce 
A BILL 
To revise and extend the chemical-facility security program 
under Public Law 109–295, 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 Facilities Se-
curity Act of 2008’’. 
SEC. 2. MODIFICATION AND TRANSFER OF CHEMICAL-FA-
CILITIES SECURITY PROGRAM. 
(a) STRIKING OF SUNSET PROVISION.—Section 550 
of Public Law 109–295 is amended by striking subsection 
(b). 
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(b) PREEMPTION.—Section 550 of Public Law 109– 
295, as amended by section 534 of division E of Public 
Law 110–161, is amended by striking subsection (h). 
(c) TRANSFER.—Section 550 of Public Law 109– 
295, as amended by subsections (a) and (b), is— 
(1) transferred from Public Law 109–295; 
(2) redesignated as section 2101; 
(3) transferred to the Homeland Security Act 
of 2002; and 
(4) added at the end of such Act. 
(d) STYLISTIC MODIFICATIONS; REVISIONS REGARD-
ING PREEMPTION.—The Homeland Security Act of 2002 
(6 U.S.C. 101 et seq.), as amended by subsection (c), is 
amended by striking section 2101 and inserting the fol-
lowing: 
‘‘TITLE XXI—REGULATION OF SE-
CURITY PRACTICES AT CHEM-
ICAL FACILITIES 
‘‘SEC. 2101. RISK-BASED PERFORMANCE STANDARDS; VUL-
NERABILITY ASSESSMENTS; SITE SECURITY 
PLANS. 
‘‘(a) IN GENERAL.— 
‘‘(1) REGULATIONS.—The Secretary shall by 
regulation establish risk-based performance stand-
ards for security of chemical facilities and require 
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vulnerability assessments and the development and 
implementation of site security plans for such facili-
ties, subject to paragraph (2). 
‘‘(2) COVERED FACILITIES.—This title applies 
to chemical facilities that, in the discretion of the 
Secretary, present high levels of security risk. 
‘‘(b) LAYERED SECURITY MEASURES.—Regulations 
under subsection (a) shall permit each chemical facility, 
in developing and implementing site security plans, to se-
lect layered security measures that, in combination, appro-
priately address the vulnerability assessment and the risk- 
based performance standards for security for the facility. 
‘‘(c) AUTHORITY OF SECRETARY REGARDING SITE 
SECURITY PLANS.—The Secretary may not disapprove a 
site security plan submitted under this section based on 
the presence or absence of a particular security measure, 
but the Secretary may disapprove a site security plan if 
the plan fails to satisfy the risk-based performance stand-
ards established by this section. 
‘‘(d) ALTERNATIVE SECURITY PROGRAMS.—The Sec-
retary may approve alternative security programs estab-
lished by private sector entities, Federal, State, or local 
authorities, or other applicable laws if the Secretary deter-
mines that the requirements of such programs meet the 
requirements of this section and the interim regulations. 
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‘‘(e) REVIEW OF VULNERABILITY ASSESSMENTS AND 
SITE SECURITY PLANS.—The Secretary shall review and 
approve each vulnerability assessment and site security 
plan required under this section. 
‘‘(f) EXEMPTED FACILITIES.—The Secretary shall 
not apply regulations issued pursuant to this title to any 
of the following: 
‘‘(1) Facilities regulated pursuant to the Mari-
time Transportation Security Act of 2002. 
‘‘(2) Public water systems, as defined by section 
1401 of the Safe Drinking Water Act. 
‘‘(3) Treatment works, as defined in section 
212 of the Federal Water Pollution Control Act. 
‘‘(4) Any facility owned or operated by the De-
partment of Defense or the Department of Energy. 
‘‘(5) Any facility subject to regulation by the 
Nuclear Regulatory Commission. 
‘‘SEC. 2102. PROTECTIONS FROM PUBLIC DISCLOSURE. 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of law, information developed under this title, in-
cluding vulnerability assessments, site security plans, and 
other security-related information, records, and docu-
ments, shall be given protections from public disclosure 
consistent with similar information developed by chemical 
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facilities subject to regulation under section 70103 of title 
46, United States Code, subject to subsection (b). 
‘‘(b) LIMITATION.—Subsection (a) does not prohibit 
the sharing of information, as the Secretary deems appro-
priate, with State and local government officials pos-
sessing the necessary security clearances, including law 
enforcement officials and first responders, for the purpose 
of carrying out this title, except that such information may 
not be disclosed pursuant to any State or local law. 
‘‘(c) TREATMENT AS SENSITIVE SECURITY INFORMA-
TION.—In any proceeding to enforce this title, vulner-
ability assessments, site security plans, and other informa-
tion 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) CIVIL PENALTY.—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. 
‘‘(b) AUDITS
AND INSPECTIONS.—The Secretary 
shall audit and inspect chemical facilities for the purposes 
of determining compliance with the regulations issued pur-
suant to this title. 
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