‘‘(1) Relevant databases to verify and validate 
identity. 
‘‘(2) Relevant criminal history databases. 
‘‘(3) In the case of an alien (as defined in sec-
tion 101 of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(3))), the relevant databases to deter-
mine the status of the alien under the immigration 
laws of the United States. 
‘‘(4) The consolidated terrorist watchlist. 
‘‘(5) Other relevant information or databases, 
as determined by the Secretary. 
‘‘(h) SAVINGS CLAUSE.—Nothing in this section shall 
be construed as creating any new right or modifying any 
existing right of an individual to appeal a determination 
by the Secretary as a result of a check against a terrorist 
watch list. 
‘‘SEC. 2116. CITIZEN SUITS. 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(c), any person may commence a civil action on the per-
son’s own behalf— 
‘‘(1) against any person (including the United 
States and any other governmental instrumentality 
or agency, to the extent permitted by the eleventh 
amendment to the Constitution) who is alleged to be 
in violation of any standard, regulation, condition, 
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requirement, prohibition, or order which has become 
effective pursuant to this title; or 
‘‘(2) against the Secretary, if there is an alleged 
failure of the Secretary to perform any act or duty 
under this title that is not discretionary for the Sec-
retary. 
‘‘(b) COURT OF JURISDICTION.— 
‘‘(1) IN
GENERAL.—Any action under sub-
section (a)(1) shall be brought in the district court 
for the district in which the alleged violation oc-
curred. Any action brought under subsection (a)(2) 
may be brought in the district court for the district 
in which the alleged violation occurred or in the 
United States District Court of the District of Co-
lumbia. 
‘‘(2) RELIEF.—The district court shall have ju-
risdiction, without regard to the amount in con-
troversy or the citizenship of the parties, to enforce 
the standard, regulation, condition, requirement, 
prohibition, or order, referred to in subsection 
(a)(1), to order such person to take such other ac-
tion as may be necessary, or both, or to order the 
Secretary to perform the act or duty referred to in 
subsection (a)(2), as the case may be, and to apply 
any appropriate civil penalties under section 2107. 
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‘‘(c) ACTIONS PROHIBITED.—No action may be com-
menced under subsection (a)— 
‘‘(1) prior to 60 days after the date on which 
the person commencing the action has given notice 
of the alleged violation to— 
‘‘(A) the Secretary; and 
‘‘(B) in the case of an action under sub-
section (a), any alleged violator of such stand-
ard, regulation, condition, requirement, prohibi-
tion, or order; or 
‘‘(2) if the Secretary has commenced and is 
diligently prosecuting a civil or criminal action in a 
court of the United States or a State, or has issued 
an administrative order, to require compliance with 
such standard, regulation, condition, requirement, 
prohibition, or order. 
‘‘(d) NOTICE.—Notice under this section shall be 
given in such manner as the Secretary shall prescribe by 
regulation. 
‘‘(e) INTERVENTION.—In any action under this sec-
tion the Secretary, if not a party, may intervene as a mat-
ter of right. 
‘‘(f) COSTS.—The court, in issuing any final order 
in any action brought pursuant to this section, may award 
costs of litigation (including reasonable attorney and ex-
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pert witness fees) to the prevailing or substantially pre-
vailing party, whenever the court determines such an 
award is appropriate. The court may, if a temporary re-
straining order or preliminary injunction is sought, require 
the filing of a bond or equivalent security in accordance 
with the Federal Rules of Civil Procedure. 
‘‘(g) OTHER RIGHTS PRESERVED.—Nothing in this 
section shall restrict any right which any person (or class 
of persons) may have under any statute or common law. 
‘‘SEC. 2117. ANNUAL REPORT TO CONGRESS. 
‘‘(a) ANNUAL REPORT.—Not later than one year 
after the date of the enactment of this title, annually 
thereafter for the next four years, and biennially there-
after, the Secretary shall submit to the Committee on 
Homeland Security and the Committee on Energy and 
Commerce of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Affairs 
and the Committee on Environment and Public Works of 
the Senate a report on progress in achieving compliance 
with this title. Each such report shall include the fol-
lowing: 
‘‘(1) A qualitative discussion of how covered 
chemical facilities, differentiated by tier, have re-
duced the risks of chemical facility terrorist inci-
dents at such facilities, including— 
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‘‘(A) a generalized summary of measures 
implemented by covered chemical facilities in 
order to meet each risk-based chemical facility 
performance standard established by this title, 
and those that the facilities already had in 
place— 
‘‘(i) in the case of the first report 
under this section, before the issuance of 
the final rule implementing the regulations 
known as the ‘Chemical Facility Anti-Ter-
rorism Standards’, issued on April 9, 
2007; and 
‘‘(ii) in the case of each subsequent 
report, since the submittal of the most re-
cent report submitted under this section; 
and 
‘‘(B) any other generalized summary the 
Secretary deems appropriate to describe the 
measures covered chemical facilities are imple-
menting to comply with the requirements of 
this title. 
‘‘(2) A quantitative summary of how the cov-
ered chemical facilities, differentiated by tier, are 
complying with the requirements of this title during 
the period covered by the report and how the Sec-
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retary is implementing and enforcing such require-
ments during such period, including— 
‘‘(A) the number of chemical facilities that 
provided the Secretary with information about 
possessing substances of concern, as described 
in section 2102(b)(2); 
‘‘(B) the number of covered chemical facili-
ties assigned to each tier; 
‘‘(C) the number of security vulnerability 
assessments and site security plans submitted 
by covered chemical facilities; 
‘‘(D) the number of security vulnerability 
assessments and site security plans approved 
and disapproved by the Secretary; 
‘‘(E) the number of covered chemical facili-
ties without approved security vulnerability as-
sessments or site security plans; 
‘‘(F) the number of chemical facilities that 
have been assigned to a different tier or are no 
longer regulated by the Secretary due to imple-
mentation of a method to reduce the con-
sequences of a terrorist attack; 
‘‘(G) the number of orders for compliance 
issued by the Secretary; 
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‘‘(3) $275,000,000 for fiscal year 2013, of 
which $50,000,000 shall be made available to pro-
vide funding for methods to reduce the consequences 
of a terrorist attack.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by adding at the 
end the following: 
‘‘TITLE XXI—REGULATION OF SECURITY PRACTICES AT 
CHEMICAL FACILITIES 
‘‘Sec. 2101. Definitions. 
‘‘Sec. 2102. Risk-based designation and ranking of chemical facilities. 
‘‘Sec. 2103. Security vulnerability assessments and site security plans. 
‘‘Sec. 2104. Site inspections. 
‘‘Sec. 2105. Records. 
‘‘Sec. 2106. Timely sharing of threat information. 
‘‘Sec. 2107. Enforcement. 
‘‘Sec. 2108. Whistleblower protections. 
‘‘Sec. 2109. Federal preemption. 
‘‘Sec. 2110. Protection of information. 
‘‘Sec. 2111. Methods to reduce the consequences of a terrorist attack. 
‘‘Sec. 2112. Applicability. 
‘‘Sec. 2113. Savings clause. 
‘‘Sec. 2114. Office of Chemical Facility Security. 
‘‘Sec. 2115. Security background checks of covered individuals at certain chem-
ical facilities. 
‘‘Sec. 2116. Citizen suits. 
‘‘Sec. 2117. Annual report to Congress. 
‘‘Sec. 2118. Authorization of appropriations.’’. 
(c) CONFORMING REPEAL.— 
(1) REPEAL.—The Department of Homeland 
Security Appropriations Act, 2007 (Public Law 
109–295) is amended by striking section 550. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect on October 1, 
2009. 
(d) TREATMENT OF CFATS REGULATIONS.— 
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(1) SENSE OF CONGRESS.—It is the sense of 
Congress that the Secretary of Homeland Security 
was granted statutory authority under section 550 
of the Department of Homeland Security Appropria-
tions Act (Public Law 109–295) to regulate security 
practices at chemical facilities until October 1, 2009. 
Pursuant to that section the Secretary prescribed 
regulations known as the Chemical Facility Anti- 
Terrorism Standards, or ‘‘CFATS’’. 
(2) USE OF CURRENT REGULATIONS.—In car-
rying out the requirements of title XXI of the 
Homeland Security Act of 2002, as added by sub-
section (a), the Secretary may, to the extent that the 
Secretary determines is appropriate, use any of the 
regulations known as CFATS regulations, as in ef-
fect immediately before the date of the enactment of 
this Act, that the Secretary determines carry out 
such requirements. 
(3) AMENDMENT
OF
CFATS.—The Secretary 
shall amend the regulations known as the Chemical 
Facility Anti-Terrorism Standards to ensure that 
such regulations fulfill the requirements of this Act 
and the amendments made by this Act, to the extent 
that the requirements of this Act and the amend-
ments made by this Act differ from the requirements 
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of such regulations, as in effect on the date of the 
enactment of this Act. 
(4) USE OF TOOLS DEVELOPED FOR CFATS.— 
In carrying out this Act and the amendments made 
by this Act, to the extent determined appropriate by 
the Secretary, the Secretary may use such rules or 
tools developed for purposes of the regulations 
known as the Chemical Facility Anti-Terrorism 
Standards, including the list of substances of con-
cern, usually referred to as ‘‘Appendix A’’ and the 
chemical security assessment tool (which includes fa-
cility registration, a top-screen questionnaire, a secu-
rity vulnerability assessment tool, a site security 
plan template, and a chemical vulnerability informa-
tion repository). 
(e) FACILITIES COVERED BY CFATS.—The owner or 
operator of a covered chemical facility, who, before the ef-
fective date of the final regulations issued under title XXI 
of the Homeland Security Act of 2002, as added by sub-
section (a), submits a security vulnerability assessment or 
site security plan under the regulations known as CFATS 
regulations, as in effect immediately before the enactment 
of this Act, shall be required to update or amend the facili-
ty’s security vulnerability assessment and site security 
plan to reflect any additional requirements of this Act or 
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the amendments made by this Act, according to a timeline 
established by the Secretary. 
(f) CONSULTATION WITH OTHER PERSONS.—In de-
veloping and carrying out the regulations under title XXI 
of the Homeland Security Act of 2002, as added by sub-
section (a), the Secretary shall consult with the Adminis-
trator of the Environmental Protection Agency, and other 
persons, as appropriate, regarding— 
(1) the designation of substances of concern; 
(2) methods to reduce the consequences of a 
terrorist attack; 
(3) security at co-owned and co-operated drink-
ing water and wastewater facilities; 
(4) the treatment of protected information; and 
(5) such other matters as the Secretary deter-
mines necessary. 
(g) DEADLINE FOR REGULATIONS.— 
(1) PROPOSED RULE.—The Secretary of Home-
land Security shall promulgate a proposed rule to 
fulfill the requirements of title XXI of the Homeland 
Security Act of 2002, as added by subsection (a), 
not later than 6 months after the date of the enact-
ment of this Act. 
(2) FINAL RULE.—The Secretary shall, after 
proper notice and opportunity for public comment, 
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promulgate a final rule to fulfill the requirements of 
such title not later than 18 months after the date 
of the enactment of this Act. 
Æ 
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