I 
109TH CONGRESS 
2D SESSION 
H. R. 6348 
To direct the Secretary of Homeland Security to provide for enhanced security 
of chemical facilities, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 5, 2006 
Mr. BARTON of Texas introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To direct the Secretary of Homeland Security to provide 
for enhanced security of chemical facilities, 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. (a) No later than six months after the 
date of enactment of this Act, the Secretary of Homeland 
Security shall issue interim final regulations establishing 
risk-based performance standards for security of chemical 
facilities and requiring vulnerability assessments and the 
development and implementation of site security plans for 
chemical facilities: Provided, That such regulations shall 
apply to chemical facilities that, in the discretion of the 
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Secretary, present high levels of security risk: Provided 
further, That such regulations shall permit each such facil-
ity, in developing and implementing site security plans, to 
select layered security measures that, in combination, ap-
propriately address the vulnerability assessment and the 
risk-based performance standards for security for the fa-
cility: Provided further, That the Secretary may not dis-
approve 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 
standards established by this section: Provided further, 
That the Secretary may approve alternative security pro-
grams established by private sector entities, Federal, 
State, or local authorities, or other applicable laws if the 
Secretary determines that the requirements of such pro-
grams meet the requirements of this section and the in-
terim regulations: Provided further, That the Secretary 
shall review and approve each vulnerability assessment 
and site security plan required under this section: Pro-
vided further, That the Secretary shall not apply regula-
tions issued pursuant to this section to facilities regulated 
pursuant to the Maritime Transportation Security Act of 
2002, Public Law 107–295, as amended; Public Water 
Systems, as defined by section 1401 of the Safe Drinking 
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Water Act, Public Law 93–523, as amended; Treatment 
Works as defined in section 212 of the Federal Water Pol-
lution Control Act, Public Law 92–500, as amended; any 
facility owned or operated by the Department of Defense 
or the Department of Energy, or any facility subject to 
regulation by the Nuclear Regulatory Commission. 
(b) Interim regulations issued under this section shall 
apply until the effective date of interim or final regulations 
promulgated under other laws that establish requirements 
and standards referred to in subsection (a) and expressly 
supersede this section: Provided, That the authority pro-
vided by this section shall terminate three years after the 
date of enactment of this Act. 
(c) Notwithstanding any other provision of law and 
subsection (b), information developed under this section, 
including 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 
facilities subject to regulation under section 70103 of title 
46, United States Code: Provided, That this subsection 
does not prohibit the sharing of such information, as the 
Secretary deems appropriate, with State and local govern-
ment officials possessing the necessary security clearances, 
including law enforcement officials and first responders, 
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for the purpose of carrying out this section, provided that 
such information may not be disclosed pursuant to any 
State or local law: Provided further, That in any pro-
ceeding to enforce this section, vulnerability assessments, 
site security plans, and other information submitted to or 
obtained by the Secretary under this section, and related 
vulnerability or security information, shall be treated as 
if the information were classified material. 
(d) Any person who violates an order issued under 
this section shall be liable for a civil penalty under section 
70119(a) of title 46, United States Code: Provided, That 
nothing in this section 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 sec-
tion. 
(e) The Secretary of Homeland Security shall audit 
and inspect chemical facilities for the purposes of deter-
mining compliance with the regulations issued pursuant 
to this section. 
(f) Nothing in this section shall be construed to su-
persede, amend, alter, or affect any Federal law that regu-
lates the manufacture, distribution in commerce, use, sale, 
other treatment, or disposal of chemical substances or 
mixtures. 
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