IB 
Union Calendar No. 368 
112TH CONGRESS 
2D SESSION 
H. R. 901 
[Report No. 112–224, Part I] 
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 
SEPTEMBER 26, 2011 
Reported from the Committee on Homeland Security with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
SEPTEMBER 26, 2011 
Referral to the Committee on Energy and Commerce extended for a period 
ending not later than November 11, 2011 
NOVEMBER 11, 2011 
Referral to the Committee on Energy and Commerce extended for a period 
ending not later than January 6, 2012 
JANUARY 6, 2012 
Referral to the Committee on Energy and Commerce extended for a period 
ending not later than January 20, 2012 
JANUARY 20, 2012 
Referral to the Committee on Energy and Commerce extended for a period 
ending not later than March 1, 2012 
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MARCH 1, 2012 
Referral to the Committee on Energy and Commerce extended for a period 
ending not later than March 9, 2012 
MARCH 9, 2012 
Referral to the Committee on Energy and Commerce extended for a period 
ending not later than June 8, 2012 
JUNE 8, 2012 
Additional sponsors: Mrs. MILLER of Michigan and Mr. DUNCAN of South 
Carolina 
JUNE 8, 2012 
The Committee on Energy and Commerce discharged; committed to the Com-
mittee of the Whole House on the State of the Union and ordered to be 
printed 
[For text of introduced bill, see copy of bill as introduced on March 3, 2011] 
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. 
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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’’. 
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 FACILITY 
ANTI-TERRORISM 
SECURITY 
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 fa-
cilities against terrorism and potential terrorist attacks. 
Such regulations shall include— 
‘‘(1) risk-based performance standards for chem-
ical 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. 
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‘‘(b) FACILITIES REGULATED.—The regulations re-
quired by subsection (a) shall apply to any chemical facility 
that the Secretary determines presents a high level of secu-
rity risk with respect to acts of terrorism, except that the 
Secretary may not apply such regulations to any of the fol-
lowing: 
‘‘(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 Nu-
clear 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 defined 
by section 212(2) of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1292(2)). 
‘‘(c) SECURITY MEASURES.—The regulations required 
by subsection (a) shall provide that each such facility, in 
developing and implementing site security plans, be per-
mitted to select layered security measures that, in combina-
tion, appropriately address the vulnerability assessment 
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and the risk-based performance standards for security for 
the facility. 
‘‘(d) REVIEW.— 
‘‘(1) IN GENERAL.—The Secretary shall review 
and approve or disapprove each vulnerability assess-
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 secu-
rity 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. 
‘‘(3) DEADLINE FOR NOTIFICATION.—Beginning 
after the Secretary publishes final regulations to im-
plement this section, not later than 180 days, to the 
greatest extent practicable, after the date on which the 
Secretary receives a security vulnerability assessment 
or site security plan under this title, the Secretary 
shall review and approve or disapprove such assess-
ment or plan and notify the covered chemical facility 
of such approval or disapproval. 
‘‘(4) NOTIFICATION
OF
DISAPPROVAL.—If the 
Secretary disapproves the security vulnerability as-
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