‘‘(d) REDRESS PROCESS.—Upon the issuance of regu-
lations under subsection (a), the Secretary shall— 
‘‘(1) require an adequate and prompt redress 
process for a person subject to a security background 
check under subsection (a)(1) who is subjected to an 
adverse employment decision, including removal or 
suspension of the employee, due to such regulations 
that is consistent with the appeals and waiver proc-
esses established for applicants for transportation 
workers at ports, as required by section 70105(c) of 
title 46, United States Code, including all rights to 
hearings before an administration law judge, scope of 
review, a review of an unclassified summary of classi-
fied evidence equivalent to the summary provided in 
part 1515 of title 49, Code of Federal Regulations, 
and procedures for new evidence for both appeals and 
waiver decisions; 
‘‘(2) have the authority to order an appropriate 
remedy, including reinstatement of the person subject 
to a security background check under subsection 
(a)(1), should the Secretary determine that the owner 
or operator of a covered chemical facility wrongfully 
made an adverse employment decision regarding such 
person pursuant to such rule, regulation, directive, or 
guidance; 
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‘‘(3) ensure that the redress process required 
under this subsection affords to the covered individual 
a full disclosure of any public-record event covered by 
subsection (b) that provides the basis for an adverse 
employment decision; and 
‘‘(4) ensure that the person subject to a security 
background check under subsection (a)(1) receives the 
person’s full wages and benefits until all appeals and 
waiver procedures are exhausted. 
‘‘(e) RESTRICTIONS ON USE AND MAINTENANCE OF IN-
FORMATION.—Information obtained under this section by 
the Secretary or the owner or operator of a covered chemical 
facility shall be handled as follows: 
‘‘(1) Such information may not be made avail-
able to the public. 
‘‘(2) Such information may not be accessed by 
employees of the facility except for such employees 
who are directly involved with collecting the informa-
tion or conducting or evaluating security background 
checks. 
‘‘(3) Such information shall be maintained con-
fidentially by the facility and the Secretary and may 
be used only for making determinations under this 
section. 
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‘‘(4) The Secretary may share such information 
with other Federal, State, local, and tribal law en-
forcement agencies. 
‘‘(f) RIGHTS AND RESPONSIBILITIES.—Nothing in this 
section shall be construed to abridge any right or responsi-
bility of a person subject to a security background check 
under subsection (a)(1) or an owner or operator of a covered 
chemical facility under any other Federal, State, local, or 
tribal law or collective bargaining agreement. 
‘‘(g) PREEMPTION.—Nothing in this section shall be 
construed to preempt, alter, or affect a Federal, State, local, 
or tribal law that requires criminal history background 
checks, checks on the authorization of an individual to work 
in the United States, or other background checks of persons 
subject to security background checks under subsection 
(a)(1). 
‘‘(h) 
DEFINITION
OF
SECURITY
BACKGROUND 
CHECK.—The term ‘security background check’ means a re-
view at no cost to any person subject to a security back-
ground check under subsection (a)(1) of the following for 
the purpose of identifying individuals who may pose a 
threat to chemical facility security, to national security, or 
of terrorism: 
‘‘(1) Relevant databases to verify and validate 
identity. 
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‘‘(2) Relevant criminal history databases. 
‘‘(3) In the case of an alien (as defined in section 
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. 
‘‘(i) 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 person’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, 
requirement, prohibition, or order which has become 
effective pursuant to this title; or 
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‘‘(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 subsection 
(a)(1) shall be brought in the district court for the 
district in which the alleged violation occurred. 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 Columbia. 
‘‘(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, pro-
hibition, or order, referred to in subsection (a)(1), to 
order such person to take such other action as may 
be necessary, or both, or to order the Secretary to per-
form 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. 
‘‘(c) ACTIONS PROHIBITED.—No action may be com-
menced under subsection (a)— 
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‘‘(1) prior to 120 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 dili-
gently 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 regula-
tion. 
‘‘(e) INTERVENTION.—In any action under this section 
the Secretary, if not a party, may intervene as a matter 
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 expert 
witness fees) to the prevailing or substantially prevailing 
party, whenever the court determines such an award is ap-
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propriate. The court may, if a temporary restraining order 
or preliminary injunction is sought, require the filing of 
a bond or equivalent security in accordance with the Fed-
eral 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 thereafter, the Sec-
retary shall submit to the Committee on Homeland Security 
and the Committee on Energy and Commerce of the House 
of Representatives and the Committee on Homeland Secu-
rity and Governmental Affairs and the Committee on Envi-
ronment and Public Works of the Senate a report on 
progress in achieving compliance with this title. Each such 
report shall include the following: 
‘‘(1) A qualitative discussion of how covered 
chemical facilities, differentiated by tier, have reduced 
the risks of chemical facility terrorist incidents at 
such facilities, including— 
‘‘(A) a generalized summary of measures 
implemented by covered chemical facilities in 
order to meet each risk-based chemical facility 
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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 re-
port, since the submittal of the most recent 
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 covered 
chemical facilities, differentiated by tier, are com-
plying with the requirements of this title during the 
period covered by the report and how the Secretary is 
implementing and enforcing such requirements dur-
ing such period, including— 
‘‘(A) the number of chemical facilities that 
provided the Secretary with information about 
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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 consequences 
of a terrorist attack; 
‘‘(G) the number of orders for compliance 
issued by the Secretary; 
‘‘(H) the administrative penalties assessed 
by the Secretary for non-compliance with the re-
quirements of this title; 
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‘‘(I) the civil penalties assessed by the court 
for non-compliance with the requirements of this 
title; and 
‘‘(J) any other regulatory data the Sec-
retary deems appropriate to describe facility 
compliance with the requirements of this title 
and the Secretary’s implementation of such re-
quirements. 
‘‘(b) PUBLIC
AVAILABILITY.—A report submitted 
under this section shall be made publicly available. 
‘‘SEC. 2118. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There is authorized to be appropriated to the Sec-
retary of Homeland Security to carry out this title— 
‘‘(1) $325,000,000 for fiscal year 2011, of which 
$100,000,000 shall be made available to provide fund-
ing for methods to reduce the consequences of a ter-
rorist attack; 
‘‘(2) $300,000,000 for fiscal year 2012, of which 
$75,000,000 shall be made available to provide fund-
ing for methods to reduce the consequences of a ter-
rorist attack; and 
‘‘(3) $275,000,000 for fiscal year 2013, of which 
$50,000,000 shall be made available to provide fund-
ing for methods to reduce the consequences of a ter-
rorist attack. 
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‘‘SEC. 2119. NOTIFICATION SYSTEM TO ADDRESS PUBLIC 
CONCERNS. 
‘‘(a) ESTABLISHMENT.—The Secretary shall establish 
a notification system, which provides any individual the 
ability to report a suspected security deficiency or suspected 
non-compliance with this title. Such notification system 
shall include the ability to report the suspected security de-
ficiency or non-compliance via telephonic and internet- 
based means. 
‘‘(b) ACKNOWLEDGMENT.—The Secretary shall respond 
in a timely manner, but in no case exceed 30 days, to any 
report received through the notification system established 
under subsection (a). 
‘‘(c) STEPS TO ADDRESS PROBLEMS.—The Secretary 
shall review the report of suspected security deficiency and 
shall, as necessary, take appropriate enforcement action au-
thorized under section 2107 of this title. 
‘‘(d) FEEDBACK REQUIRED.—Upon request, the Sec-
retary shall provide the individual who reported the sus-
pected security deficiency or non-compliance a written re-
sponse as to the Secretary’s findings and what, if any, com-
pliance action was taken. 
‘‘(e) INSPECTOR GENERAL REPORT REQUIRED.—The 
Inspector General for the Department of Homeland Secu-
rity shall provide a report to the Committee on Homeland 
Security of the House of Representatives and the Committee 
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on Homeland Security and Government Affairs of the Sen-
ate on the number of reports received by the notification 
system established under subsection (a) and the Secretary’s 
disposition of such reports.’’. 
(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 chemical 
facilities. 
‘‘Sec. 2116. Citizen suits. 
‘‘Sec. 2117. Annual report to Congress. 
‘‘Sec. 2118. Authorization of appropriations. 
‘‘Sec. 2119. Notification system to address public concerns.’’. 
(c) CONFORMING REPEAL.— 
(1) REPEAL.—The Department of Homeland Se-
curity 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 reg-
ulations known as the Chemical Facility Anti-Ter-
rorism Standards, or ‘‘CFATS’’. 
(2) USE OF CURRENT REGULATIONS.—In car-
rying out the requirements of title XXI of the Home-
land Security Act of 2002, as added by subsection (a), 
the Secretary may, to the extent that the Secretary de-
termines is appropriate, use any of the regulations 
known as CFATS regulations, as in effect imme-
diately before the date of the enactment of this Act, 
that the Secretary determines carry out such require-
ments. 
(3) AMENDMENT OF CFATS.—The Secretary shall 
amend the regulations known as the Chemical Facil-
ity Anti-Terrorism Standards to ensure that such reg-
ulations fulfill the requirements of this Act and the 
amendments made by this Act, to the extent that the 
requirements of this Act and the amendments made 
by this Act differ from the requirements of such regu-
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lations, 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, includ-
ing the list of substances of concern, usually referred 
to as ‘‘Appendix A’’ and the chemical security assess-
ment tool (which includes facility registration, a top- 
screen questionnaire, a security vulnerability assess-
ment tool, a site security plan template, and a chem-
ical vulnerability information repository). 
(e) FACILITIES COVERED BY CFATS.—The owner or 
operator of a covered chemical facility, who, before the effec-
tive date of the final regulations issued under title XXI of 
the Homeland Security Act of 2002, as added by subsection 
(a), submits a security vulnerability assessment or site secu-
rity plan under the regulations known as CFATS regula-
tions, as in effect immediately before the enactment of this 
Act, shall be required to update or amend the facility’s secu-
rity vulnerability assessment and site security plan to re-
flect any additional requirements of this Act or the amend-
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ments made by this Act, according to a timeline established 
by the Secretary. 
(f) CONSULTATION WITH OTHER PERSONS.—In devel-
oping and carrying out the regulations under title XXI of 
the Homeland Security Act of 2002, as added by subsection 
(a), the Secretary shall consult with the Administrator 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 ter-
rorist attack; 
(3) security at co-owned or co-operated drinking 
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 ful-
fill the requirements of title XXI of the Homeland Se-
curity Act of 2002, as added by subsection (a), not 
later than 6 months after the date of the enactment 
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. 
(h) 
REVIEW
OF
DESIGNATION
OF
SODIUM 
FLUOROACETATE AS A SUBSTANCE OF CONCERN.—The Sec-
retary of Homeland Security shall review the designation 
of sodium fluoroacetate as a substance of concern pursuant 
to subparagraph (A) of paragraph (1) of subsection (d) of 
section 2102 of the Homeland Security Act of 2002, as 
added by subsection (a), by the earlier of the following dates: 
(1) The date of the first periodic review con-
ducted pursuant to such subsection after the date of 
the enactment of this Act. 
(2) The date that is one year after the date of 
the enactment of this Act. 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Chemical 
Facility Anti-Terrorism Act of 2009’’. 
SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress makes the fol-
lowing findings: 
(1) The Nation’s chemical sector rep-
resents a target that terrorists could ex-
ploit to cause consequences, including 
death, injury, or serious adverse effects 
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to human health, the environment, crit-
ical infrastructure, public health, home-
land security, national security, and the 
national economy. 
(2) Chemical facilities that pose such 
potential consequences and that are vul-
nerable to terrorist attacks must be pro-
tected. 
(3) The Secretary of Homeland Secu-
rity has statutory authority pursuant to 
section 550 of the Department of Home-
land Security Appropriations Act, 2007 
(Public Law 109–295) to regulate the se-
curity practices at chemical facilities that 
are at significant risk of being terrorist 
targets. 
(4) The Secretary of Homeland Secu-
rity 
issued 
interim 
final 
regulations 
called the Chemical Facility Anti-Ter-
rorism Standards, which became effec-
tive on June 8, 2007. 
(b) PURPOSE.—The purpose of this Act is to 
modify and make permanent the authority of 
the Secretary of Homeland Security to regu-
late security practices at chemical facilities. 
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SEC. 3. EXTENSION, MODIFICATION, AND RECODIFICATION 
OF AUTHORITY OF SECRETARY OF HOME-
LAND SECURITY TO REGULATE SECURITY 
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 facility— 
‘‘(A) at which the owner or oper-
ator of the facility possesses or plans 
to possess at any relevant point in 
time a substance of concern; or 
‘‘(B) that meets other risk-related 
criteria identified by the Secretary. 
‘‘(2) The term ‘chemical facility secu-
rity performance standards’ means risk- 
based standards established by the Sec-
retary to ensure or enhance the security 
of a chemical facility against a chemical 
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facility terrorist incident that are de-
signed to address the following: 
‘‘(A) Restricting the area perim-
eter. 
‘‘(B) Securing site assets. 
‘‘(C) Screening and controlling ac-
cess 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 un-
authorized introduction of dan-
gerous substances and devices 
that may facilitate a chemical fa-
cility terrorist incident or actions 
having 
serious 
negative 
con-
sequences for the population sur-
rounding the chemical facility; 
and 
‘‘(ii) measures implementing a 
regularly updated identification 
system that checks the identifica-
tion of chemical facility personnel 
and other persons seeking access 
to the chemical facility and that 
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discourages abuse through estab-
lished disciplinary measures. 
‘‘(D) Methods to deter, detect, and 
delay a chemical facility terrorist in-
cident, creating sufficient time be-
tween detection of a chemical facility 
terrorist incident and the point at 
which the chemical facility terrorist 
incident becomes successful, includ-
ing measures to— 
‘‘(i) deter vehicles from pene-
trating the chemical facility pe-
rimeter, gaining unauthorized ac-
cess to restricted areas, or other-
wise presenting a hazard to po-
tentially critical targets; 
‘‘(ii) deter chemical facility 
terrorist incidents through visi-
ble, professional, well-maintained 
security measures and systems, 
including security personnel, de-
tection systems, barriers and bar-
ricades, and hardened or reduced 
value targets; 
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‘‘(iii) detect chemical facility 
terrorist incidents at early stages 
through 
counter 
surveillance, 
frustration of opportunity to ob-
serve potential targets, surveil-
lance and sensing systems, and 
barriers and barricades; and 
‘‘(iv) delay a chemical facility 
terrorist incident for a sufficient 
period of time so as to allow ap-
propriate response through on- 
site security response, barriers 
and barricades, hardened targets, 
and 
well-coordinated 
response 
planning. 
‘‘(E) Securing and monitoring the 
shipping, receipt, and storage of a 
substance of concern for the chemical 
facility. 
‘‘(F) Deterring theft or diversion 
of a substance of concern. 
‘‘(G) Deterring insider sabotage. 
‘‘(H) Deterring cyber sabotage, in-
cluding by preventing unauthorized 
onsite or remote access to critical 
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process 
controls, 
including 
super-
visory control and data acquisition 
systems, distributed control systems, 
process control systems, industrial 
control systems, critical business sys-
tems, and other sensitive computer-
ized systems. 
‘‘(I) Developing and exercising an 
internal emergency plan for owners, 
operators, and covered individuals of 
a covered chemical facility for re-
sponding to chemical facility terrorist 
incidents at the facility. Any such 
plan shall include the provision of ap-
propriate information to any local 
emergency planning committee, local 
law enforcement officials, and emer-
gency response providers to ensure 
an effective, collective response to 
terrorist incidents. 
‘‘(J) Maintaining effective moni-
toring, communications, and warning 
systems, including— 
‘‘(i) measures designed to en-
sure that security systems and 
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equipment are in good working 
order and inspected, tested, cali-
brated, 
and 
otherwise 
main-
tained; 
‘‘(ii) measures designed to reg-
ularly test security systems, note 
deficiencies, correct for detected 
deficiencies, and record results so 
that they are available for inspec-
tion by the Department; 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 facility personnel appro-
priate to their roles, responsibilities, 
and access to chemicals, including 
participation by local law enforce-
ment, local emergency response pro-
viders, appropriate supervisory and 
non-supervisory 
facility 
employees 
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and their employee representatives, if 
any. 
‘‘(L) Performing personnel surety 
for individuals with access to re-
stricted areas or critical assets by 
conducting appropriate background 
checks and ensuring appropriate cre-
dentials for unescorted visitors and 
chemical facility personnel, including 
permanent and part-time personnel, 
temporary personnel, and contract 
personnel, including— 
‘‘(i) 
measures 
designed 
to 
verify and validate identity; 
‘‘(ii) 
measures 
designed 
to 
check criminal history; 
‘‘(iii) measures designed to 
verify and validate legal author-
ization to work; and 
‘‘(iv) measures designed to 
identify people with terrorist ties. 
‘‘(M) Escalating the level of pro-
tective measures for periods of ele-
vated threat. 
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