II 
Calendar No. 700 
111TH CONGRESS 
2D SESSION 
H. R. 2868 
[Report No. 111–370] 
IN THE SENATE OF THE UNITED STATES 
NOVEMBER 9, 2009 
Received; read twice and referred to the Committee on Homeland Security and 
Governmental Affairs 
DECEMBER 16, 2010 
Reported by Mr. LIEBERMAN, with an amendment and an amendment to the 
title 
[Strike out all after the enacting clause and insert the part printed in italic] 
AN ACT 
To amend the Homeland Security Act of 2002 to enhance 
security and protect against acts of terrorism against 
chemical facilities, to amend the Safe Drinking Water 
Act to enhance the security of public water systems, 
and to amend the Federal Water Pollution Control Act 
to enhance the security of wastewater treatment works, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Chemical and Water Security Act of 2009’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—CHEMICAL FACILITY SECURITY 
Sec. 101. Short title. 
Sec. 102. Findings and purpose. 
Sec. 103. Extension, modification, and recodification of authority of Secretary 
of Homeland Security to regulate security practices at chemical 
facilities. 
TITLE II—DRINKING WATER SECURITY 
Sec. 201. Short title. 
Sec. 202. Intentional acts affecting the security of covered water systems. 
Sec. 203. Study to assess the threat of contamination of drinking water dis-
tribution systems. 
TITLE III—WASTEWATER TREATMENT WORKS SECURITY 
Sec. 301. Short title. 
Sec. 302. Wastewater treatment works security. 
TITLE I—CHEMICAL FACILITY 
SECURITY 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Chemical Facility 
Anti-Terrorism Act of 2009’’. 
SEC. 102. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) The Nation’s chemical sector represents a 
target that terrorists could exploit to cause con-
sequences, including death, injury, or serious adverse 
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effects to human health, the environment, critical in-
frastructure, public health, homeland security, na-
tional security, and the national economy. 
(2) Chemical facilities that pose such potential 
consequences and that are vulnerable to terrorist at-
tacks must be protected. 
(3) The Secretary of Homeland Security has 
statutory authority pursuant to section 550 of the 
Department of Homeland Security Appropriations 
Act, 2007 (Public Law 109–295) to regulate the se-
curity practices at chemical facilities that are at sig-
nificant risk of being terrorist targets. 
(4) The Secretary of Homeland Security issued 
interim final regulations called the Chemical Facility 
Anti-Terrorism Standards, which became effective 
on June 8, 2007. 
(b) PURPOSE.—The purpose of this title is to modify 
and make permanent the authority of the Secretary of 
Homeland Security to regulate security practices at chem-
ical facilities. 
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SEC. 103. EXTENSION, MODIFICATION, AND RECODIFICA-
TION
OF
AUTHORITY
OF
SECRETARY
OF 
HOMELAND SECURITY TO REGULATE SECU-
RITY PRACTICES AT CHEMICAL FACILITIES. 
(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—REGULATION OF SE-
CURITY PRACTICES AT CHEM-
ICAL FACILITIES 
‘‘SEC. 2101. DEFINITIONS. 
‘‘In this title, the following definitions apply: 
‘‘(1) The term ‘chemical facility’ means any fa-
cility— 
‘‘(A) at which the owner or operator of the 
facility possesses or plans to possess at any rel-
evant point in time a substance of concern; or 
‘‘(B) that meets other risk-related criteria 
identified by the Secretary. 
‘‘(2) The term ‘chemical facility security per-
formance standards’ means risk-based standards es-
tablished by the Secretary to ensure or enhance the 
security of a chemical facility against a chemical fa-
cility terrorist incident that are designed to address 
the following: 
‘‘(A) Restricting the area perimeter. 
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‘‘(B) Securing site assets. 
‘‘(C) Screening and controlling access to 
the facility and to restricted areas within the 
facility by screening or inspecting individuals 
and vehicles as they enter, including— 
‘‘(i) measures to deter the unauthor-
ized introduction of dangerous substances 
and devices that may facilitate a chemical 
facility terrorist incident or actions having 
serious negative consequences for the pop-
ulation surrounding the chemical facility; 
and 
‘‘(ii) measures implementing a regu-
larly updated identification system that 
checks the identification of chemical facil-
ity personnel and other persons seeking ac-
cess to the chemical facility and that dis-
courages abuse through established dis-
ciplinary measures. 
‘‘(D) Methods to deter, detect, and delay a 
chemical facility terrorist incident, creating suf-
ficient time between detection of a chemical fa-
cility terrorist incident and the point at which 
the chemical facility terrorist incident becomes 
successful, including measures to— 
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‘‘(i) deter vehicles from penetrating 
the chemical facility perimeter, gaining un-
authorized access to restricted areas, or 
otherwise presenting a hazard to poten-
tially critical targets; 
‘‘(ii) deter chemical facility terrorist 
incidents through visible, professional, well- 
maintained security measures and systems, 
including security personnel, detection sys-
tems, barriers and barricades, and hard-
ened or reduced value targets; 
‘‘(iii) detect chemical facility terrorist 
incidents at early stages through counter- 
surveillance, frustration of opportunity to 
observe potential targets, surveillance and 
sensing systems, and barriers and barri-
cades; and 
‘‘(iv) delay a chemical facility terrorist 
incident for a sufficient period of time so 
as to allow appropriate response through 
on-site security response, barriers and bar-
ricades, hardened targets, and well-coordi-
nated response planning. 
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‘‘(E) Securing and monitoring the ship-
ping, receipt, and storage of a substance of con-
cern for the chemical facility. 
‘‘(F) Deterring theft or diversion of a sub-
stance of concern. 
‘‘(G) Deterring insider sabotage. 
‘‘(H) Deterring cyber sabotage, including 
by preventing unauthorized onsite or remote ac-
cess to critical process controls, including super-
visory control and data acquisition systems, dis-
tributed control systems, process control sys-
tems, industrial control systems, critical busi-
ness systems, and other sensitive computerized 
systems. 
‘‘(I) Developing and exercising an internal 
emergency plan for owners, operators, and cov-
ered individuals of a covered chemical facility 
for responding to chemical facility terrorist inci-
dents at the facility, including the provision of 
appropriate information to any local emergency 
planning committee, local law enforcement offi-
cials, and emergency response providers to en-
sure an effective, collective response to terrorist 
incidents. 
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‘‘(J)
Maintaining
effective
monitoring, 
communications, and warning systems, includ-
ing— 
‘‘(i) measures designed to ensure that 
security systems and equipment are in 
good working order and inspected, tested, 
calibrated, and otherwise maintained; 
‘‘(ii) measures designed to regularly 
test
security
systems,
note
deficiencies, 
correct for detected deficiencies, and record 
results so that they are available for in-
spection by the Secretary; and 
‘‘(iii) measures to allow the chemical 
facility to promptly identify and respond to 
security system and equipment failures or 
malfunctions. 
‘‘(K) Ensuring mandatory annual security 
training, exercises, and drills of chemical facil-
ity personnel appropriate to their roles, respon-
sibilities, and access to a substance of concern, 
including participation by local law enforce-
ment, and local emergency response providers, 
and
appropriate
supervisory
and
non-super-
visory facility employees and their employee 
representatives, if any. 
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‘‘(L) Performing personnel surety for indi-
viduals with access to restricted areas or critical 
assets by conducting appropriate background 
checks and ensuring appropriate credentials for 
unescorted visitors and chemical facility per-
sonnel, including permanent and part-time per-
sonnel, temporary personnel, and contract per-
sonnel, including— 
‘‘(i) measures designed to verify and 
validate identity; 
‘‘(ii)
measures
designed
to
check 
criminal history; 
‘‘(iii) measures designed to verify and 
validate legal authorization to work; and 
‘‘(iv) measures designed to identify 
people with terrorist ties. 
‘‘(M) Escalating the level of protective 
measures for periods of elevated threat. 
‘‘(N) Specific threats, vulnerabilities, or 
risks identified by the Secretary for that chem-
ical facility. 
‘‘(O) Reporting of significant security inci-
dents to the Secretary and to appropriate local 
law enforcement officials. 
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‘‘(P) Identifying, investigating, reporting, 
and maintaining records of significant security 
incidents and suspicious activities at or near the 
covered chemical facility. 
‘‘(Q) Establishing one or more officials and 
an organization responsible for— 
‘‘(i) security; 
‘‘(ii) compliance with the standards 
under this paragraph; 
‘‘(iii) serving as the point of contact 
for incident management purposes with 
Federal, State, local, and tribal agencies, 
law enforcement, and emergency response 
providers; and 
‘‘(iv) coordination with Federal, State, 
local, and tribal agencies, law enforcement, 
and emergency response providers regard-
ing plans and security measures for the 
collective response to a chemical facility 
terrorist incident. 
‘‘(R) Maintaining appropriate records re-
lating to the security of the facility, including a 
copy of the most recent security vulnerability 
assessment and site security plan, at the chem-
ical facility. 
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‘‘(S) Assessing and, as appropriate, uti-
lizing methods to reduce the consequences of a 
terrorist attack. 
‘‘(T) Methods to recover or mitigate the 
release of a substance of concern in the event 
of a chemical facility terrorist incident. 
‘‘(U) Any additional security performance 
standards the Secretary may specify. 
‘‘(3) The term ‘chemical facility terrorist inci-
dent’ means any act or attempted act of terrorism 
or terrorist activity committed at, near, or against a 
chemical facility, including— 
‘‘(A) the release of a substance of concern 
from a chemical facility; 
‘‘(B) the theft, misappropriation, or misuse 
of a substance of concern from a chemical facil-
ity; or 
‘‘(C) the sabotage of a chemical facility or 
a substance of concern at a chemical facility. 
‘‘(4) The term ‘employee representative’ means 
the representative of the certified or recognized bar-
gaining agent engaged in a collective bargaining re-
lationship with a private or public owner or operator 
of a chemical facility. 
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‘‘(5) The term ‘covered individual’ means a per-
manent, temporary, full-time, or part-time employee 
of a covered chemical facility or an employee of an 
entity with which the covered chemical facility has 
entered into a contract who is performing respon-
sibilities at the facility pursuant to the contract. 
‘‘(6) The term ‘covered chemical facility’ means 
a chemical facility that meets the criteria of section 
2102(b)(1). 
‘‘(7) The term ‘environment’ means— 
‘‘(A) the navigable waters, the waters of 
the contiguous zone, and the ocean waters of 
which the natural resources are under the ex-
clusive management authority of the United 
States under the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 
1801 et seq.); and 
‘‘(B)
any
other
surface
water,
ground 
water, drinking water supply, land surface or 
subsurface strata, or ambient air within the 
United States or under the jurisdiction of the 
United States. 
‘‘(8) The term ‘owner or operator’ with respect 
to a facility means any of the following: 
‘‘(A) The person who owns the facility. 
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‘‘(B) The person who has responsibility for 
daily operation of the facility. 
‘‘(C) The person who leases the facility. 
‘‘(9) The term ‘person’ means an individual, 
trust, firm, joint stock company, corporation (includ-
ing a government corporation), partnership, associa-
tion, State, municipality, commission, political sub-
division of a State, or any interstate body and shall 
include each department, agency, and instrumen-
tality of the United States. 
‘‘(10) The term ‘release’ means any spilling, 
leaking, pumping, pouring, emitting, emptying, dis-
charging, injecting, escaping, leaching, dumping, or 
disposing into the environment (including the aban-
donment or discarding of barrels, containers, and 
other closed receptacles containing any hazardous 
substance or pollutant or contaminant). 
‘‘(11) The term ‘substance of concern’ means a 
chemical substance in quantity and form that is so 
designated by the Secretary under section 2102(a). 
‘‘(12) The term ‘method to reduce the con-
sequences of a terrorist attack’ means a measure 
used at a chemical facility that reduces or eliminates 
the potential consequences of a chemical facility ter-
rorist incident, including— 
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‘‘(A) the elimination or reduction in the 
amount of a substance of concern possessed or 
planned to be possessed by an owner or oper-
ator of a covered chemical facility through the 
use of alternate substances, formulations, or 
processes; 
‘‘(B) the modification of pressures, tem-
peratures, or concentrations of a substance of 
concern; and 
‘‘(C) the reduction or elimination of onsite 
handling of a substance of concern through im-
provement of inventory control or chemical use 
efficiency. 
‘‘(13) The term ‘academic laboratory’ means a 
facility or area owned by an institution of higher 
education (as defined under section 101 of the High-
er Education Act of 1965 (20 U.S.C. 1001)) or a 
non-profit research institute or teaching hospital 
that has a formal affiliation with an institution of 
higher education, including photo laboratories, art 
studios, field laboratories, research farms, chemical 
stockrooms, and preparatory laboratories, where rel-
atively small quantities of chemicals and other sub-
stances, as determined by the Secretary, are used on 
a non-production basis for teaching, research, or di-
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agnostic purposes, and are stored and used in con-
tainers that are typically manipulated by one person. 
‘‘SEC. 2102. RISK-BASED DESIGNATION AND RANKING OF 
CHEMICAL FACILITIES. 
‘‘(a) SUBSTANCES OF CONCERN.— 
‘‘(1) DESIGNATION BY THE SECRETARY.—The 
Secretary may designate any chemical substance as 
a substance of concern and establish the threshold 
quantity for each such substance of concern. 
‘‘(2) MATTERS FOR CONSIDERATION.—In desig-
nating a chemical substance or establishing or ad-
justing the threshold quantity for a chemical sub-
stance under paragraph (1), the Secretary shall con-
sider the potential extent of death, injury, and seri-
ous adverse effects to human health, the environ-
ment, critical infrastructure, public health, homeland 
security, national security, and the national economy 
that could result from a chemical facility terrorist 
incident. 
‘‘(b) LIST OF COVERED CHEMICAL FACILITIES.— 
‘‘(1) CRITERIA FOR LIST OF FACILITIES.—The 
Secretary shall maintain a list of covered chemical 
facilities that the Secretary determines are of suffi-
cient security risk for inclusion on the list based on 
the following criteria: 
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‘‘(A) The potential threat or likelihood that 
the chemical facility will be the target of a 
chemical facility terrorist incident. 
‘‘(B) The potential extent and likelihood of 
death, injury, or serious adverse effects to 
human health, the environment, critical infra-
structure, public health, homeland security, na-
tional security, and the national economy that 
could result from a chemical facility terrorist 
incident. 
‘‘(C) The proximity of the chemical facility 
to large population centers. 
‘‘(2) SUBMISSION OF INFORMATION.—The Sec-
retary may require the submission of information 
with respect to the quantities of substances of con-
cern that an owner or operator of a chemical facility 
possesses or plans to possess in order to determine 
whether to designate a chemical facility as a covered 
chemical facility for purposes of this title. 
‘‘(c) ASSIGNMENT
OF CHEMICAL FACILITIES
TO 
RISK-BASED TIERS.— 
‘‘(1) ASSIGNMENT.—The Secretary shall assign 
each covered chemical facility to one of four risk- 
based tiers established by the Secretary, with tier 
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one representing the highest degree of risk and tier 
four the lowest degree of risk. 
‘‘(2) PROVISION OF INFORMATION.—The Sec-
retary may request, and the owner or operator of a 
covered chemical facility shall provide, any additional 
information beyond any information required to be 
submitted under subsection (b)(2) that may be nec-
essary for the Secretary to assign the chemical facil-
ity to the appropriate tier under paragraph (1). 
‘‘(3) NOTIFICATION.—Not later than 60 days 
after the date on which the Secretary determines 
that a chemical facility is a covered chemical facility 
or is no longer a covered chemical facility or changes 
the tier assignment under paragraph (1) of a cov-
ered chemical facility, the Secretary shall notify the 
owner or operator of that chemical facility of that 
determination or change together with the reason for 
the determination or change and, upon the request 
of the owner or operator of a covered chemical facil-
ity, provide to the owner or operator of the covered 
chemical facility the following information: 
‘‘(A) The number of individuals at risk of 
death,
injury,
or
severe
adverse
effects
to 
human health as a result of a worst case chem-
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ical facility terrorist incident at the covered 
chemical facility. 
‘‘(B) Information related to the criticality 
of the covered chemical facility. 
‘‘(C) The proximity or interrelationship of 
the covered chemical facility to other critical in-
frastructure. 
‘‘(d) REQUIREMENT FOR REVIEW.—The Secretary— 
‘‘(1) shall periodically review— 
‘‘(A) the designation of a chemical sub-
stance as a substance of concern and the 
threshold quantity for the substance under sub-
section (a)(1); and 
‘‘(B) the criteria under subsection (b)(1); 
and 
‘‘(2) may, at any time, determine whether a 
chemical facility is a covered chemical facility or 
change the tier to which such a facility is assigned 
under subsection (c)(1). 
‘‘(e) PROVISION
OF THREAT-RELATED INFORMA-
TION.—In order to effectively assess the vulnerabilities to 
a covered chemical facility, the Secretary shall provide to 
the owner, operator, or security officer of a covered chem-
ical facility threat information regarding probable threats 
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to the facility and methods that could be used in a chem-
ical facility terrorist incident. 
‘‘SEC. 2103. SECURITY VULNERABILITY ASSESSMENTS AND 
SITE SECURITY PLANS. 
‘‘(a) IN GENERAL.— 
‘‘(1) REQUIREMENT.—The Secretary shall— 
‘‘(A) establish standards, protocols, and 
procedures
for
security
vulnerability
assess-
ments and site security plans to be required for 
covered chemical facilities; 
‘‘(B) require the owner or operator of each 
covered chemical facility to— 
‘‘(i) conduct an assessment of the vul-
nerability of the covered chemical facility 
to a range of chemical facility terrorist in-
cidents, including an incident that results 
in a worst-case release of a substance of 
concern, and submit such assessment to 
the Secretary; 
‘‘(ii) prepare and implement a site se-
curity plan for that covered chemical facil-
ity that addresses the security vulnerability 
assessment and meets the risk-based chem-
ical security performance standards under 
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subsection (c) and submit such plan to the 
Secretary; 
‘‘(iii) include at least one supervisory 
and at least one non-supervisory employee 
of the covered chemical facility, and at 
least
one
employee
representative
from 
each
bargaining
agent
at
the
covered 
chemical facility, if any, in developing the 
security vulnerability assessment and site 
security plan required under this section; 
and 
‘‘(iv) include, with the submission of a 
security vulnerability assessment and the 
site security plan of the covered chemical 
facility under this section, a signed state-
ment by the owner or operator of the cov-
ered chemical facility that certifies that the 
submission is provided to the Secretary 
with knowledge of the penalty provisions 
under section 2107; 
‘‘(C) set deadlines, by tier, for the comple-
tion of security vulnerability assessments and 
site security plans; 
‘‘(D) upon request, as necessary, and to 
the extent that resources permit, provide tech-
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nical assistance to a covered chemical facility 
conducting a vulnerability assessment or site se-
curity plan required under this section; 
‘‘(E) establish specific deadlines and re-
quirements for the submission by a covered 
chemical facility of information describing— 
‘‘(i) any change in the use by the cov-
ered chemical facility of more than a 
threshold amount of any substance of con-
cern that may affect the requirements of 
the chemical facility under this title; or 
‘‘(ii) any material modification to a 
covered chemical facility’s operations or 
site that may affect the security vulner-
ability assessment or site security plan 
submitted by the covered chemical facility; 
‘‘(F) require the owner or operator of a 
covered chemical facility to review and resubmit 
a security vulnerability assessment or site secu-
rity plan not less frequently than once every 5 
years; 
‘‘(G) not later than 180 days after the 
date on which the Secretary receives a security 
vulnerability assessment or site security plan 
under this title, review and approve or dis-
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approve such assessment or plan and notify the 
covered chemical facility of such approval or 
disapproval; and 
‘‘(H) establish, as appropriate, modified or 
separate standards, protocols, and procedures 
for security vulnerability assessments and site 
security plans for covered chemical facilities 
that are also academic laboratories. 
‘‘(2)
INHERENTLY
GOVERNMENTAL
FUNC-
TION.—The approval or disapproval of a security 
vulnerability assessment or site security plan under 
this section is an inherently governmental function. 
‘‘(b) PARTICIPATION IN PREPARATION OF SECURITY 
VULNERABILITY
ASSESSMENTS
OR
SITE
SECURITY 
PLANS.—Any person selected by the owner or operator of 
a covered chemical facility or by a certified or recognized 
bargaining agent of a covered chemical facility to partici-
pate in the development of the security vulnerability as-
sessment or site security plan required under this section 
for such covered chemical facility shall be permitted to 
participate if the person possesses knowledge, experience, 
training, or education relevant to the portion of the secu-
rity vulnerability assessment or site security plan on which 
the person is participating. 
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‘‘(c) RISK-BASED CHEMICAL SECURITY PERFORM-
ANCE STANDARDS.—The Secretary shall establish risk- 
based chemical security performance standards for the site 
security plans required to be prepared by covered chemical 
facilities. In establishing such standards, the Secretary 
shall— 
‘‘(1) require separate and, as appropriate, in-
creasingly stringent risk-based chemical security per-
formance standards for site security plans as the 
level of risk associated with the tier increases; and 
‘‘(2) permit each covered chemical facility sub-
mitting a site security plan to select a combination 
of security measures that satisfy the risk-based 
chemical security performance standards established 
by the Secretary under this subsection. 
‘‘(d) CO-LOCATED CHEMICAL FACILITIES.—The Sec-
retary may allow an owner or operator of a covered chem-
ical facility that is located geographically close, as deter-
mined by the Secretary, to another covered chemical facil-
ity to develop and implement coordinated security vulner-
ability assessments and site security plans. 
‘‘(e) ALTERNATE SECURITY PROGRAMS SATISFYING 
REQUIREMENTS FOR SECURITY VULNERABILITY ASSESS-
MENT AND SITE SECURITY PLAN.— 
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‘‘(1) ACCEPTANCE OF PROGRAM.—In response 
to a request by an owner or operator of a covered 
chemical facility, the Secretary may accept an alter-
nate security program submitted by the owner or op-
erator of the facility as a component of the security 
vulnerability assessment or site security plan re-
quired under this section, if the Secretary deter-
mines that such alternate security program, in com-
bination with other components of the security vul-
nerability assessment and site security plan sub-
mitted by the owner or operator of the facility— 
‘‘(A) meets the requirements of this title 
and the regulations promulgated pursuant to 
this title; 
‘‘(B) provides an equivalent level of secu-
rity to the level of security established pursuant 
to the regulations promulgated pursuant to this 
title; and 
‘‘(C) includes employee participation as re-
quired under subsection (a)(1)(B)(iii). 
‘‘(2) SECRETARIAL REVIEW REQUIRED.—Noth-
ing in this subsection shall relieve the Secretary of 
the obligation— 
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‘‘(A) to review a security vulnerability as-
sessment and site security plan submitted by a 
covered chemical facility under this section; and 
‘‘(B) to approve or disapprove each such 
assessment or plan on an individual basis ac-
cording to the deadlines established under sub-
section (a). 
‘‘(3) COVERED FACILITY’S OBLIGATIONS UNAF-
FECTED.—Nothing in this subsection shall relieve 
any covered chemical facility of the obligation and 
responsibility to comply with all of the requirements 
of this title. 
‘‘(4) PERSONNEL
SURETY
ALTERNATE
SECU-
RITY PROGRAM.—In response to an application from 
a non-profit, personnel surety accrediting organiza-
tion acting on behalf of, and with written authoriza-
tion from, the owner or operator of a covered chem-
ical facility, the Secretary may accept a personnel 
surety alternate security program that meets the re-
quirements of section 2115 and provides for a back-
ground check process that is— 
‘‘(A) expedited, affordable, reliable, and ac-
curate; 
‘‘(B) fully protective of the rights of cov-
ered individuals through procedures that are 
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consistent with the privacy protections available 
under the Fair Credit Reporting Act (15 U.S.C. 
1681 et seq.); and 
‘‘(C) a single background check consistent 
with a risk-based tiered program. 
‘‘(f) OTHER AUTHORITIES.— 
‘‘(1) REGULATION OF MARITIME FACILITIES.— 
‘‘(A)
RISK-BASED
TIERING.—Notwith-
standing any other provision of law, the owner 
or operator of a chemical facility required to 
submit a facility security plan under section 
70103(c) of title 46, United States Code, shall 
be required to submit information to the Sec-
retary necessary to determine whether to des-
ignate such a facility as a covered chemical fa-
cility and to assign the facility to a risk-based 
tier under section 2102 of this title. 
‘‘(B) ADDITIONAL MEASURES.—In the case 
of a facility designated as a covered chemical 
facility under this title for which a facility secu-
rity plan is required to be submitted under sec-
tion 70103(c) of title 46, United States Code, 
the Commandant of the Coast Guard, after con-
sultation with the Secretary, shall require the 
owner or operator of such facility to update the 
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vulnerability assessments and facility security 
plans required under that section, if necessary, 
to ensure an equivalent level of security for sub-
stances of concern, including the requirements 
under section 2111, in the same manner as 
other covered chemical facilities in this title. 
‘‘(C) PERSONNEL SURETY.— 
‘‘(i)
EXCEPTION.—A
facility
des-
ignated
as
a
covered
chemical
facility 
under this title that has had its facility se-
curity
plan
approved
under
section 
70103(c) of title 46, United States Code, 
shall not be required to update or amend 
such plan in order to meet the require-
ments of section 2115 of this title. 
‘‘(ii) EQUIVALENT ACCESS.—An indi-
vidual described in section 2115(a)(1)(B) 
who has been granted access to restricted 
areas or critical assets by the owner or op-
erator of a facility for which a security 
plan is required to be submitted under sec-
tion 70103(c) of title 46, United States 
Code, may be considered by that owner or 
operator to have satisfied the requirement 
for passing a security background check 
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otherwise required under section 2115 for 
purposes of granting the individual access 
to restricted areas or critical assets of a 
covered chemical facility that is owned or 
operated by the same owner or operator. 
‘‘(D) INFORMATION
SHARING
AND
PRO-
TECTION.—Notwithstanding
section
70103(d) 
of title 46, United States Code, the Com-
mandant of the Coast Guard, after consultation 
with the Secretary, shall apply the information 
sharing and protection requirements in section 
2110 of this title to a facility described in sub-
paragraph (B). 
‘‘(E) ENFORCEMENT.—The Secretary shall 
establish, by rulemaking, procedures to ensure 
that an owner or operator of a covered chemical 
facility required to update the vulnerability as-
sessment and facility security plan for the facil-
ity under subparagraph (B) is in compliance 
with the requirements of this title. 
‘‘(F)
FORMAL
AGREEMENT.—The
Sec-
retary shall— 
‘‘(i) require the Office of Infrastruc-
ture Protection and the Coast Guard to 
enter into a formal agreement detailing 
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their respective roles and responsibilities in 
carrying out the requirements of this title, 
which shall ensure that the enforcement 
and compliance requirements under this 
title and section 70103 of title 46, United 
States Code, are not conflicting or duplica-
tive; and 
‘‘(ii) designate the agency responsible 
for enforcing the requirements of this title 
with respect to covered chemical facilities 
for which facility security plans are re-
quired
to
be
submitted
under
section 
70103(c) of title 46, United States Code, 
consistent with the requirements of sub-
paragraphs (B) and (D). 
‘‘(2) COORDINATION
OF
STORAGE
LICENSING 
OR PERMITTING REQUIREMENT.—In the case of any 
storage required to be licensed or permitted under 
chapter 40 of title 18, United States Code, the Sec-
retary shall prescribe the rules and regulations for 
the implementation of this section with the concur-
rence of the Attorney General and avoid unnecessary 
duplication of regulatory requirements. 
‘‘(g) ROLE OF EMPLOYEES.— 
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‘‘(1) DESCRIPTION OF ROLE REQUIRED.—Site 
security plans required under this section shall de-
scribe the roles or responsibilities that covered indi-
viduals are expected to perform to deter or respond 
to a chemical facility terrorist incident. 
‘‘(2) ANNUAL TRAINING FOR EMPLOYEES.—The 
owner or operator of a covered chemical facility re-
quired to submit a site security plan under this sec-
tion shall annually provide each covered individual 
with a role or responsibility referred to in paragraph 
(1) at the facility with a minimum of 8 hours of 
training. Such training shall, as relevant to the role 
or responsibility of such covered individual— 
‘‘(A) include an identification and discus-
sion of substances of concern; 
‘‘(B) include a discussion of possible con-
sequences of a chemical facility terrorist inci-
dent; 
‘‘(C) review and exercise the covered chem-
ical facility’s site security plan, including any 
requirements for differing threat levels; 
‘‘(D) include a review of information pro-
tection requirements; 
‘‘(E) include a discussion of physical and 
cyber security equipment, systems, and methods 
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used to achieve chemical security performance 
standards; 
‘‘(F) allow training with other relevant 
participants, including Federal, State, local, 
and tribal authorities, and first responders, 
where appropriate; 
‘‘(G) use existing national voluntary con-
sensus standards, chosen jointly with employee 
representatives, if any; 
‘‘(H) allow instruction through government 
training programs, chemical facilities, academic 
institutions, nonprofit organizations, industry 
and private organizations, employee organiza-
tions, and other relevant entities that provide 
such training; 
‘‘(I) use multiple training media and meth-
ods; and 
‘‘(J) include a discussion of appropriate 
emergency response procedures, including pro-
cedures to mitigate the effects of a chemical fa-
cility terrorist incident. 
‘‘(3)
EQUIVALENT
TRAINING.—During
any 
year, with respect to any covered individual with 
roles or responsibilities under paragraph (1), an 
owner or operator of a covered chemical facility may 
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satisfy any of the training requirements for such 
covered individual under subparagraph (A), (B), (C), 
(D), (E), or (J) of paragraph (2) through training 
that such owner or operator certifies, in a manner 
prescribed by the Secretary, is equivalent. 
‘‘(4) WORKER TRAINING GRANT PROGRAM.— 
‘‘(A) AUTHORITY.—The Secretary shall es-
tablish a grant program to award grants to or 
enter into cooperative agreements with eligible 
entities to provide for the training and edu-
cation of covered individuals with roles or re-
sponsibilities described in paragraph (1) and 
first responders and emergency response pro-
viders who would respond to a chemical facility 
terrorist incident. 
‘‘(B)
ADMINISTRATION.—The
Secretary 
shall seek to enter into an agreement with the 
Director of the National Institute for Environ-
mental Health Sciences, or with the head of an-
other Federal or State agency, to make and ad-
minister
grants
or
cooperative
agreements 
under this paragraph. 
‘‘(C) USE
OF
FUNDS.—The recipient of 
funds under this paragraph shall use such 
funds to provide for the training and education 
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of covered individuals with roles or responsibil-
ities described in paragraph (1), first respond-
ers, and emergency response providers, includ-
ing— 
‘‘(i) the annual mandatory training 
specified in paragraph (2); and 
‘‘(ii)
other
appropriate
training
to 
protect nearby persons, property, critical 
infrastructure, or the environment from 
the effects of a chemical facility terrorist 
incident. 
‘‘(D) ELIGIBLE ENTITIES.—For purposes 
of this paragraph, an eligible entity is a non-
profit organization with demonstrated experi-
ence in implementing and operating successful 
worker or first responder health and safety or 
security training programs. 
‘‘(E) PRESUMPTION OF CONGRESS RELAT-
ING TO COMPETITIVE PROCEDURES.— 
‘‘(i) PRESUMPTION.—It is the pre-
sumption of Congress that grants awarded 
under
this
paragraph
will
be
awarded 
using
competitive
procedures
based
on 
merit. 
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‘‘(ii)
REPORT
TO
CONGRESS.—If 
grants are awarded under this paragraph 
using procedures other than competitive 
procedures, the Secretary shall submit to 
Congress a report explaining why competi-
tive procedures were not used. 
‘‘(F) PROHIBITION ON EARMARKS.—None 
of the funds appropriated to carry out this 
paragraph may be used for a congressional ear-
mark as defined in clause 9d, of Rule XXI of 
the rules of the House of Representatives of the 
111th Congress. 
‘‘(h) STATE, REGIONAL, OR LOCAL GOVERNMENTAL 
ENTITIES.—No covered chemical facility shall be required 
under State, local, or tribal law to provide a vulnerability 
assessment or site security plan described under this title 
to any State, regional, local, or tribal government entity 
solely by reason of the requirement under subsection (a) 
that the covered chemical facility submit such an assess-
ment and plan to the Secretary. 
‘‘SEC. 2104. SITE INSPECTIONS. 
‘‘(a) RIGHT OF ENTRY.—For purposes of carrying 
out this title, the Secretary shall have, at a reasonable 
time and on presentation of credentials, a right of entry 
to, on, or through any property of a covered chemical facil-
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ity or any property on which any record required to be 
maintained under this section is located. 
‘‘(b) INSPECTIONS AND VERIFICATIONS.— 
‘‘(1) IN
GENERAL.—The Secretary shall, at 
such time and place as the Secretary determines to 
be reasonable and appropriate, conduct chemical fa-
cility security inspections and verifications. 
‘‘(2) REQUIREMENTS.—To ensure and evaluate 
compliance with this title, including any regulations 
or requirements adopted by the Secretary in further-
ance of the purposes of this title, in conducting an 
inspection or verification under paragraph (1), the 
Secretary shall have access to the owners, operators, 
employees, and employee representatives, if any, of 
a covered chemical facility. 
‘‘(c) UNANNOUNCED INSPECTIONS.—In addition to 
any inspection conducted pursuant to subsection (b), the 
Secretary shall require covered chemical facilities assigned 
to tier 1 and tier 2 under section 2102(c)(1) to undergo 
unannounced facility inspections. The inspections required 
under this subsection shall be— 
‘‘(1) conducted without prior notice to the facil-
ity; 
‘‘(2) designed to evaluate at the chemical facil-
ity undergoing inspection— 
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‘‘(A) the ability of the chemical facility to 
prevent a chemical facility terrorist incident 
that the site security plan of the facility is in-
tended to prevent; 
‘‘(B) the ability of the chemical facility to 
protect against security threats that are re-
quired to be addressed by the site security plan 
of the facility; and 
‘‘(C) any weaknesses in the site security 
plan of the chemical facility; 
‘‘(3) conducted so as not to affect the actual se-
curity, physical integrity, safety, or regular oper-
ations of the chemical facility or its employees while 
the inspection is conducted; and 
‘‘(4) conducted— 
‘‘(A) every two years in the case of a cov-
ered chemical facility assigned to tier 1; and 
‘‘(B) every four years in the case of a cov-
ered chemical facility assigned to tier 2. 
‘‘(d) CHEMICAL FACILITY INSPECTORS AUTHOR-
IZED.—During fiscal years 2011 and 2012, subject to the 
availability of appropriations for such purpose, the Sec-
retary shall increase by not fewer than 100 the total num-
ber of chemical facility inspectors within the Department 
to ensure compliance with this title. 
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‘‘(e) CONFIDENTIAL COMMUNICATIONS.—The Sec-
retary shall offer non-supervisory employees the oppor-
tunity to confidentially communicate information relevant 
to the employer’s compliance or non-compliance with this 
title, including compliance or non-compliance with any 
regulation or requirement adopted by the Secretary in fur-
therance of the purposes of this title. An employee rep-
resentative of each certified or recognized bargaining 
agent at the covered chemical facility, if any, or, if none, 
a non-supervisory employee, shall be given the opportunity 
to accompany the Secretary during a physical inspection 
of such covered chemical facility for the purpose of aiding 
in such inspection, if representatives of the owner or oper-
ator of the covered chemical facility will also be accom-
panying the Secretary on such inspection. 
‘‘SEC. 2105. RECORDS. 
‘‘(a) REQUEST FOR RECORDS.—In carrying out this 
title, the Secretary may require submission of, or on pres-
entation of credentials may at reasonable times obtain ac-
cess to and copy, any records, including any records main-
tained in electronic format, necessary for— 
‘‘(1) reviewing or analyzing a security vulner-
ability assessment or site security plan submitted 
under section 2103; or 
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‘‘(2) assessing the implementation of such a site 
security plan. 
‘‘(b) PROPER HANDLING OF RECORDS.—In accessing 
or copying any records under subsection (a), the Secretary 
shall ensure that such records are handled and secured 
appropriately in accordance with section 2110. 
‘‘SEC. 2106. TIMELY SHARING OF THREAT INFORMATION. 
‘‘(a) RESPONSIBILITIES OF SECRETARY.—Upon the 
receipt of information concerning a threat that is relevant 
to a certain covered chemical facility, the Secretary shall 
provide such information in a timely manner, to the max-
imum extent practicable under applicable authority and in 
the interests of national security, to the owner, operator, 
or security officer of that covered chemical facility, to a 
representative of each recognized or certified bargaining 
agent at the facility, if any, and to relevant State, local, 
and tribal authorities, including the State Homeland Secu-
rity Advisor, if any. 
‘‘(b) RESPONSIBILITIES OF OWNER OR OPERATOR.— 
The Secretary shall require the owner or operator of a 
covered chemical facility to provide to the Secretary in a 
timely manner, information concerning a threat about any 
significant security incident or threat to the covered chem-
ical facility or any intentional or unauthorized penetration 
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of the physical security or cyber security of the covered 
chemical facility whether successful or unsuccessful. 
‘‘SEC. 2107. ENFORCEMENT. 
‘‘(a) REVIEW OF SECURITY VULNERABILITY ASSESS-
MENT AND SITE SECURITY PLAN.— 
‘‘(1) DISAPPROVAL.—The Secretary shall dis-
approve a security vulnerability assessment or site 
security plan submitted under this title if the Sec-
retary determines, in his or her discretion, that— 
‘‘(A) the security vulnerability assessment 
or site security plan does not comply with the 
standards, protocols, or procedures under sec-
tion 2103(a)(1)(A); or 
‘‘(B) in the case of a site security plan— 
‘‘(i) the plan or the implementation of 
the
plan
is
insufficient
to
address 
vulnerabilities identified in a security vul-
nerability assessment, site inspection, or 
unannounced
inspection
of
the
covered 
chemical facility; or 
‘‘(ii) the plan fails to meet all applica-
ble chemical facility security performance 
standards. 
‘‘(2) NOTIFICATION OF DISAPPROVAL.—If the 
Secretary disapproves the security vulnerability as-
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sessment or site security plan submitted by a cov-
ered chemical facility under this title or the imple-
mentation of a site security plan by such a chemical 
facility, the Secretary shall provide the owner or op-
erator of the covered chemical facility a written noti-
fication of the disapproval not later than 14 days 
after the date on which the Secretary disapproves 
such assessment or plan, that— 
‘‘(A) includes a clear explanation of defi-
ciencies in the assessment, plan, or implementa-
tion of the plan; and 
‘‘(B) requires the owner or operator of the 
covered chemical facility to revise the assess-
ment or plan to address any deficiencies and, 
by such date as the Secretary determines is ap-
propriate, to submit to the Secretary the re-
vised assessment or plan. 
‘‘(b) REMEDIES.— 
‘‘(1) ORDER FOR COMPLIANCE.—Whenever the 
Secretary determines that the owner or operator of 
a covered chemical facility has violated or is in viola-
tion of any requirement of this title or has failed or 
is failing to address any deficiencies in the assess-
ment, plan, or implementation of the plan by such 
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