‘‘(N) 
Specific 
threats, 
vulnerabilities, or risks identified by 
the Secretary for that chemical facil-
ity. 
‘‘(O) Reporting of significant secu-
rity incidents to the Department and 
to appropriate local law enforcement 
officials. 
‘‘(P) Identifying, investigating, re-
porting, and maintaining records of 
significant security incidents and sus-
picious activities in or near the site. 
‘‘(Q) Establishing one or more of-
ficials and an organization respon-
sible 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 en-
forcement, 
and 
emergency 
re-
sponse providers; and 
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‘‘(iv) coordination with Fed-
eral, State, local, and tribal agen-
cies, law enforcement, and emer-
gency response providers regard-
ing plans and security measures 
for the collective response to a 
chemical facility terrorist inci-
dent. 
‘‘(R) 
Maintaining 
appropriate 
records relating to the security of the 
facility, including a copy of the most 
recent security vulnerability assess-
ment and site security plan at the 
chemical facility. 
‘‘(S) Assessing and, as appro-
priate, utilizing methods to reduce 
the consequences of a terrorist at-
tack. 
‘‘(T) Methods to recover or miti-
gate the release of a substance of con-
cern in the event of a chemical facil-
ity terrorist incident. 
‘‘(U) Any additional security per-
formance standards the Secretary 
may specify. 
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‘‘(3) The term ‘chemical facility ter-
rorist incident’ means any act or at-
tempted act of terrorism or terrorist ac-
tivity 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 facility; or 
‘‘(C) the sabotage of a chemical fa-
cility or a substance of concern at a 
chemical facility. 
‘‘(4) The term ‘employee representa-
tive’ means the representative of the cer-
tified or recognized bargaining agent en-
gaged in a collective bargaining relation-
ship with a private or public owner or 
operator of a chemical facility. 
‘‘(5) The term ‘covered individual’ 
means a permanent, temporary, full-time, 
or part-time employee of a covered chem-
ical facility or an employee of an entity 
with which the covered chemical facility 
has entered into a contract who is per-
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forming responsibilities at the facility 
pursuant to the contract. 
‘‘(6) The term ‘covered chemical facil-
ity’ means a chemical facility that meets 
the criteria of section 2102(b)(1). 
‘‘(7) The term ‘environment’ means— 
‘‘(A) the navigable waters, the wa-
ters of the contiguous zone, and the 
ocean waters of which the natural re-
sources are under the exclusive man-
agement 
authority 
of 
the 
United 
States under the Magnuson-Stevens 
Fishery Conservation and Manage-
ment 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 fa-
cility. 
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‘‘(B) The person who has responsi-
bility for daily operation of the facil-
ity. 
‘‘(C) The person who leases the fa-
cility. 
‘‘(9) The term ‘person’ means an indi-
vidual, trust, firm, joint stock company, 
corporation (including a government cor-
poration), partnership, association, State, 
municipality, commission, political sub-
division of a State, or any interstate body 
and shall include each department, agen-
cy, and instrumentality of the United 
States. 
‘‘(10) The term ‘release’ means any 
spilling, leaking, pumping, pouring, emit-
ting, emptying, discharging, injecting, es-
caping, leaching, dumping, or disposing 
into 
the 
environment 
(including 
the 
abandonment 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 
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and form that is so designated by the Sec-
retary under section 2102(a). 
‘‘(12) The term ‘method to reduce the 
consequences of a terrorist attack’ means 
a measure used at a chemical facility that 
reduces or eliminates the potential con-
sequences of a chemical facility terrorist 
incident, including— 
‘‘(A) the elimination or reduction 
in the amount of a substance of con-
cern possessed or planned to be pos-
sessed by an owner or operator of a 
covered chemical facility through the 
use of alternate substances, formula-
tions, or processes; 
‘‘(B) the modification of pressures, 
temperatures, or concentrations of a 
substance of concern; and 
‘‘(C) the reduction or elimination 
of onsite handling of a substance of 
concern through improvement of in-
ventory control or chemical use effi-
ciency. 
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‘‘SEC. 2102. RISK-BASED DESIGNATION AND RANKING OF 
CHEMICAL FACILITIES. 
‘‘(a) SUBSTANCES OF CONCERN.— 
‘‘(1) DESIGNATION BY THE SECRETARY.— 
The Secretary may designate any chem-
ical substance as a substance of concern 
and establish the threshold quantity for 
each such substance of concern. 
‘‘(2) MATTERS FOR CONSIDERATION.—In 
designating a chemical substance or es-
tablishing or adjusting the threshold 
quantity for a chemical substance under 
paragraph (1), the Secretary shall con-
sider the potential extent of death, in-
jury, and serious adverse effects to 
human health, the environment, critical 
infrastructure, public health, homeland 
security, national security, and the na-
tional economy that could result from a 
chemical facility terrorist incident. 
‘‘(b) LIST
OF COVERED CHEMICAL FACILI-
TIES.— 
‘‘(1) CRITERIA FOR LIST OF FACILITIES.— 
The Secretary shall maintain a list of cov-
ered chemical facilities that the Sec-
retary determines are of sufficient secu-
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rity risk for inclusion on the list based on 
the following criteria: 
‘‘(A) The potential threat or likeli-
hood that the chemical facility will be 
the target of a chemical facility ter-
rorist incident. 
‘‘(B) The potential extent and like-
lihood of death, injury, or serious ad-
verse effects to human health, the en-
vironment, 
critical 
infrastructure, 
public health, homeland security, na-
tional security, and the national econ-
omy that could result from a chemical 
facility terrorist incident. 
‘‘(C) The proximity of the chem-
ical facility to large population cen-
ters. 
‘‘(2) SUBMISSION OF INFORMATION.—The 
Secretary may require the submission of 
information with respect to the quan-
tities of substances of concern that an 
owner or operator of a chemical facility 
possesses or plans to possess in order to 
determine whether to designate a chem-
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ical 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 one representing 
the highest degree of risk and tier four 
the lowest degree of risk. 
‘‘(2) PROVISION OF INFORMATION.—The 
Secretary 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 necessary for the Secretary to as-
sign the chemical facility to the appro-
priate tier under paragraph (1). 
‘‘(3) NOTIFICATION.—Not later than 60 
days after the date on which the Sec-
retary determines that a chemical facility 
is a covered chemical facility or is no 
longer a covered chemical facility or 
changes the tier assignment under para-
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graph (1) of a covered 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 
facility, provide to the owner or operator 
of the covered chemical facility the fol-
lowing information: 
‘‘(A) The number of individuals at 
risk of death, injury, or severe ad-
verse effects to human health as a re-
sult of a worst case chemical facility 
terrorist 
incident 
at 
the 
covered 
chemical facility. 
‘‘(B) Information related to the 
criticality of the covered chemical fa-
cility. 
‘‘(C) 
The 
proximity 
or 
inter-
relationship of the covered chemical 
facility to other critical infrastruc-
ture. 
‘‘(d) REQUIREMENT FOR REVIEW.—The Sec-
retary— 
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‘‘(1) shall periodically review— 
‘‘(A) the designation of a sub-
stance of concern and the threshold 
quantity under subsection (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 INFOR-
MATION.—In order to effectively assess the 
vulnerabilities to a covered chemical facility, 
the Secretary shall provide to the owner, op-
erator, or security officer of a covered chem-
ical facility threat information regarding 
probable threats to the facility and methods 
that could be used in a chemical facility ter-
rorist incident. 
‘‘SEC. 2103. SECURITY VULNERABILITY ASSESSMENTS AND 
SITE SECURITY PLANS. 
‘‘(a) IN GENERAL.— 
‘‘(1) 
REQUIREMENT.—The 
Secretary 
shall— 
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‘‘(A) establish standards, proto-
cols, and procedures for security vul-
nerability assessments and site secu-
rity plans to be required for covered 
chemical facilities; 
‘‘(B) require the owner or oper-
ator of each covered chemical facility 
to— 
‘‘(i) conduct an assessment of 
the vulnerability of the covered 
chemical facility to a range of 
chemical facility terrorist inci-
dents, including an incident that 
results in a worst-case release of 
a substance of concern; 
‘‘(ii) prepare, submit, and im-
plement a site security plan for 
that 
covered 
chemical 
facility 
that addresses the security vul-
nerability assessment and meets 
the risk-based chemical security 
performance 
standards 
under 
subsection (c); and 
‘‘(iii) include at least one su-
pervisory and at least one non-su-
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pervisory employee of the cov-
ered chemical facility, and at 
least one employee representa-
tive, 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; 
‘‘(C) set deadlines, by tier, for the 
completion of security vulnerability 
assessments and site security plans; 
‘‘(D) upon request, as necessary, 
and to the extent that resources per-
mit, provide technical assistance to a 
covered chemical facility conducting 
a vulnerability assessment or site se-
curity plan required under this sec-
tion; 
‘‘(E) establish specific deadlines 
and requirements for the submission 
by a covered chemical facility of in-
formation describing— 
‘‘(i) any change in the use by 
the covered chemical facility of 
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100 
more than a threshold amount of 
any substance of concern 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 vulnerability assess-
ment or site security plan sub-
mitted by the covered chemical 
facility; 
‘‘(F) require the owner or oper-
ator of a covered chemical facility to 
review and resubmit a security vul-
nerability assessment or site security 
plan not less frequently than once 
every 5 years; and 
‘‘(G) not later than 180 days after 
the date on which the Secretary re-
ceives a security vulnerability assess-
ment or site security plan under this 
title, review and approve or dis-
approve such assessment or plan. 
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101 
‘‘(2) INHERENTLY GOVERNMENTAL FUNC-
TION.—The approval or disapproval of a 
security vulnerability assessment or site 
security plan under this section is an in-
herently governmental function. 
‘‘(b) PARTICIPATION IN PREPARATION OF SE-
CURITY VULNERABILITY ASSESSMENTS
OR SITE 
SECURITY PLANS.—Any person selected by the 
owner or operator of a covered chemical facil-
ity or by a certified or recognized bargaining 
agent of a covered chemical facility to partici-
pate in the development of the security vul-
nerability assessment or site security plan re-
quired under this section for such covered 
chemical facility shall be permitted to partici-
pate if the person possesses knowledge, expe-
rience, training, or education relevant to the 
portion of the security vulnerability assess-
ment or site security plan on which the per-
son is participating. 
‘‘(c) RISK-BASED CHEMICAL SECURITY PER-
FORMANCE STANDARDS.—The Secretary shall 
establish risk-based chemical security per-
formance standards for the site security plans 
required to be prepared by covered chemical 
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102 
facilities. In establishing such standards, the 
Secretary shall— 
‘‘(1) require separate and, as appro-
priate, increasingly stringent risk-based 
chemical security performance standards 
for site security plans as the level of risk 
associated with the tier increases; and 
‘‘(2) permit each covered chemical fa-
cility submitting a site security plan to 
select a combination of security measures 
that satisfy the risk-based chemical secu-
rity performance standards established 
by the Secretary under this subsection. 
‘‘(d) CO-LOCATED CHEMICAL FACILITIES.— 
The Secretary may allow an owner or oper-
ator of a covered chemical facility that is lo-
cated geographically close to another covered 
chemical facility to develop and implement 
coordinated security vulnerability assess-
ments and site security plans. 
‘‘(e) ALTERNATE SECURITY PROGRAMS SATIS-
FYING REQUIREMENTS
FOR SECURITY VULNER-
ABILITY ASSESSMENT AND SITE SECURITY PLAN.— 
‘‘(1) ACCEPTANCE OF PROGRAM.—In re-
sponse to a request by an owner or oper-
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103 
ator of a covered chemical facility, the 
Secretary may accept an alternate secu-
rity program submitted by the owner or 
operator of the facility as a component of 
the security vulnerability assessment or 
site security plan required under this 
section, if the Secretary determines that 
such alternate security program, in com-
bination with other components of the se-
curity vulnerability assessment and site 
security plan submitted by the owner or 
operator of the facility— 
‘‘(A) meets the requirements of 
this title and the regulations promul-
gated pursuant to this title; 
‘‘(B) provides an equivalent level 
of security to the level of security es-
tablished pursuant to the regulations 
promulgated under this title; and 
‘‘(C) includes employee participa-
tion as required under subsection 
(a)(1)(B)(iii). 
‘‘(2) SECRETARIAL REVIEW REQUIRED.— 
Nothing in this subsection shall relieve 
the Secretary of the obligation— 
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104 
‘‘(A) to review a security vulner-
ability assessment 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 according to the 
deadlines 
established 
under 
sub-
section (a). 
‘‘(3) COVERED
FACILITY’S
OBLIGATIONS 
UNAFFECTED.—Nothing in this subsection 
shall relieve any covered chemical facil-
ity of the obligation and responsibility to 
comply with all of the requirements of 
this title. 
‘‘(4) PERSONNEL SURETY ALTERNATE SE-
CURITY PROGRAM.—In response to an ap-
plication from a non-profit, personnel 
surety accrediting organization acting on 
behalf of, and with written authorization 
from, the owner or operator of a covered 
chemical facility, the Secretary may ac-
cept a personnel surety alternate security 
program that meets the requirements of 
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105 
section 2115 and provides for a back-
ground check process that is— 
‘‘(A) expedited, affordable, reli-
able, and accurate; 
‘‘(B) fully protective of the rights 
of covered individuals through proce-
dures that are consistent with the 
privacy protections available under 
the Fair Credit Reporting Act (15 
U.S.C. 1681 et seq.); and 
‘‘(C) is a single background check 
consistent with a risk-based tiered 
program. 
‘‘(f) OTHER AUTHORITIES.— 
‘‘(1) REGULATION
OF
MARITIME
FACILI-
TIES.— 
‘‘(A) 
RISK-BASED
TIERING.—Not-
withstanding any other provision of 
law, the owner or operator of a chem-
ical facility required to submit a facil-
ity 
security 
plan 
under 
section 
70103(c) of title 46, United States 
Code, shall be required to submit in-
formation to the Secretary necessary 
to determine whether to designate 
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106 
such a facility as a covered chemical 
facility 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 that is also regulated under sec-
tion 70103(c) of title 46, United States 
Code, the Commandant of the Coast 
Guard, after consultation with the 
Secretary, shall require the owner or 
operator of such facility to update the 
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 re-
quirements under section 2111, in the 
same manner as other covered chem-
ical facilities in this title. 
‘‘(C) PERSONNEL SURETY.— 
‘‘(i) EXCEPTION.—A facility des-
ignated as a covered chemical fa-
cility under this title that has had 
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107 
its facility security 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 
individual described in section 
2115(a)(1)(B) who has been grant-
ed access to restricted areas or 
critical assets by the owner or op-
erator of a facility for which a se-
curity plan is required to be sub-
mitted under section 70103(c) of 
title 46, United States Code, may 
be considered by that owner or 
operator to have satisfied the re-
quirement for passing a security 
background check otherwise re-
quired under section 2115 for pur-
poses of granting the individual 
access to restricted areas or crit-
ical assets of a covered chemical 
facility that is owned or operated 
by the same owner or operator. 
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108 
‘‘(D) INFORMATION
SHARING
AND 
PROTECTION.—Notwithstanding 
sec-
tion 70103(d) of title 46, United States 
Code, the Commandant 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 facil-
ity described in subparagraph (B). 
‘‘(E) 
ENFORCEMENT.—The 
Sec-
retary shall establish, by rulemaking, 
procedures to ensure that an owner 
or operator of a covered chemical fa-
cility required to update the vulner-
ability assessment and facility secu-
rity plan for the facility under sub-
paragraph (B) is in compliance with 
the requirements of this title. 
‘‘(F) 
FORMAL
AGREEMENT.—The 
Secretary shall require the Office of 
Infrastructure 
Protection 
and 
the 
Coast Guard to enter into a formal 
agreement detailing their respective 
roles and responsibilities in carrying 
out the requirements of this title. 
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109 
Such agreement shall ensure that the 
enforcement and compliance require-
ments under this title and section 
70103 of title 46, United States Code, 
are not conflicting or duplicative. 
‘‘(2) COORDINATION OF STORAGE LICENS-
ING OR PERMITTING REQUIREMENT.—In the 
case of any storage required to be li-
censed or permitted under chapter 40 of 
title 18, United States Code, the Secretary 
shall prescribe the rules and regulations 
for the implementation of this section 
with the concurrence of the Attorney 
General and avoid unnecessary duplica-
tion of regulatory requirements. 
‘‘(g) ROLE OF EMPLOYEES.— 
‘‘(1) DESCRIPTION OF ROLE REQUIRED.— 
Site security plans required under this 
section shall describe the roles or respon-
sibilities that covered individuals are ex-
pected to perform to deter or respond to 
a chemical facility terrorist incident. 
‘‘(2) ANNUAL
TRAINING
FOR
EMPLOY-
EES.—The owner or operator of a covered 
chemical facility required to submit a site 
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110 
security plan under this section shall an-
nually 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 
indi-
vidual— 
‘‘(A) include an identification and 
discussion of substances of concern; 
‘‘(B) include a discussion of pos-
sible consequences of a chemical fa-
cility terrorist incident; 
‘‘(C) review and exercise the cov-
ered chemical facility’s site security 
plan, including any requirements for 
differing threat levels; 
‘‘(D) include a review of informa-
tion protection requirements; 
‘‘(E) include a discussion of phys-
ical and cyber security equipment, 
systems, and methods used to achieve 
chemical security performance stand-
ards; 
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111 
‘‘(F) allow training with other rel-
evant participants, including Federal, 
State, local, and tribal authorities, 
and first responders, where appro-
priate; 
‘‘(G) use existing national vol-
untary consensus standards, chosen 
jointly 
with 
employee 
representa-
tives, if any; 
‘‘(H) allow instruction through 
government training programs, chem-
ical facilities, academic institutions, 
nonprofit organizations, industry and 
private organizations, employee orga-
nizations, and other relevant entities 
that provide such training; 
‘‘(I) use multiple training media 
and methods; and 
‘‘(J) include a discussion of appro-
priate 
emergency 
response 
proce-
dures, including procedures to miti-
gate the effects of a chemical facility 
terrorist incident. 
‘‘(3) 
EQUIVALENT
TRAINING.—During 
any year, with respect to any covered in-
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dividual with roles or responsibilities 
under paragraph (1), an owner or oper-
ator of a covered chemical facility may 
satisfy any of the training requirements 
for such covered individual under sub-
paragraphs (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, as equiva-
lent. 
‘‘(4) WORKER
TRAINING
GRANT
PRO-
GRAM.— 
‘‘(A) AUTHORITY.—The Secretary 
shall establish a grant program to 
award grants to or enter into cooper-
ative agreements with eligible enti-
ties to provide for the training and 
education of covered individuals with 
roles or responsibilities described in 
paragraph (1) and first responders 
and emergency response providers 
that would respond to a chemical fa-
cility terrorist incident. 
‘‘(B) 
ADMINISTRATION.—The 
Sec-
retary shall seek to enter into an 
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agreement with the National Institute 
for Environmental Health Sciences to 
make and administer grants or coop-
erative agreements under this para-
graph. 
‘‘(C) USE OF FUNDS.—The recipient 
of funds under this paragraph shall 
use such funds to provide for the 
training and education of covered in-
dividuals with roles or responsibil-
ities described in paragraph (1), first 
responders, and emergency response 
providers, including— 
‘‘(i) 
the 
annual 
mandatory 
training specified in paragraph 
(2); and 
‘‘(ii) other appropriate train-
ing to protect nearby persons, 
property, critical infrastructure, 
or the environment from the ef-
fects of a chemical facility ter-
rorist incident. 
‘‘(D) ELIGIBLE ENTITIES.—For pur-
poses of this paragraph, an eligible 
entity is a nonprofit organization 
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with demonstrated experience in im-
plementing and operating successful 
worker or first responder health and 
safety or security training programs. 
‘‘(h) STATE, REGIONAL, OR LOCAL GOVERN-
MENTAL ENTITIES.—No covered chemical facil-
ity shall be required under State, local, or 
tribal law to provide a vulnerability assess-
ment or site security plan described under 
this title to any State, regional, local, or tribal 
government entity solely by reason of the re-
quirement under subsection (a) that the cov-
ered chemical facility submit such an assess-
ment and plan to the Secretary. 
‘‘SEC. 2104. SITE INSPECTIONS. 
‘‘(a) RIGHT OF ENTRY.—For purposes of car-
rying 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 facility 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 
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determines to be reasonable and appro-
priate, conduct chemical facility security 
inspections and verifications. 
‘‘(2) REQUIREMENTS.—To ensure and 
evaluate compliance with this title, in-
cluding any regulations or requirements 
adopted by the Secretary in furtherance 
of the purposes of this title, in con-
ducting an inspection or verification 
under paragraph (1), the Secretary shall 
have access to the owners, operators, em-
ployees, and employee representatives, if 
any, of a covered chemical facility. 
‘‘(c) UNANNOUNCED INSPECTIONS.—In addi-
tion 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 inspec-
tions required under this subsection shall 
be— 
‘‘(1) conducted without prior notice to 
the facility; 
‘‘(2) designed to evaluate at the chem-
ical facility undergoing inspection— 
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‘‘(A) the ability of the chemical fa-
cility to prevent a chemical facility 
terrorist incident that the site secu-
rity plan of the facility is intended to 
prevent; 
‘‘(B) the ability of the chemical fa-
cility 
to 
protect 
against 
security 
threats that are required to be ad-
dressed 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 security, physical integrity, safety, 
or regular operations of the chemical fa-
cility or its employees while the inspec-
tion is conducted; and 
‘‘(4) conducted— 
‘‘(A) every two years in the case of 
a covered chemical facility assigned 
to tier 1; and 
‘‘(B) every four years in the case 
of a covered chemical facility as-
signed to tier 2. 
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‘‘(d) CHEMICAL FACILITY INSPECTORS AU-
THORIZED.—During the period of 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 number of chemical facility inspec-
tors within the Department to ensure compli-
ance with this title. 
‘‘(e) CONFIDENTIAL COMMUNICATIONS.—The 
Secretary shall offer non-supervisory employ-
ees the opportunity to confidentially commu-
nicate 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 furtherance of the purposes of 
this title. An employee representative 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 Sec-
retary during a physical inspection of such 
covered chemical facility for the purpose of 
aiding in such inspection, if representatives 
of the owner or operator of the covered chem-
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ical facility will also be accompanying the 
Secretary on such inspection. 
‘‘SEC. 2105. RECORDS. 
‘‘(a) REQUEST FOR RECORDS.—In carrying 
out this title, the Secretary may require sub-
mission of, or on presentation of credentials 
may at reasonable times obtain access to and 
copy, any records, including any records 
maintained in electronic format, necessary 
for— 
‘‘(1) reviewing or analyzing a security 
vulnerability assessment or site security 
plan submitted under section 2103; or 
‘‘(2) assessing the implementation of 
such a site security plan. 
‘‘(b) PROPER HANDLING
OF RECORDS.—In 
accessing or copying any records under sub-
section (a), the Secretary shall ensure that 
such records are handled and secured appro-
priately 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 
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such information in a timely manner, to the 
maximum extent practicable under applicable 
authority and in the interests of national se-
curity, to the owner, operator, or security offi-
cer of that covered chemical facility and to a 
representative of each recognized or certified 
bargaining agent at the facility, if any. 
‘‘(b) RESPONSIBILITIES OF OWNER OR OPER-
ATOR.—The Secretary shall require the owner 
or operator of a covered chemical facility to 
provide information concerning a threat in a 
timely manner about any significant security 
incident or threat to the covered chemical fa-
cility or any intentional or unauthorized pen-
etration of the physical security or cyber se-
curity of the covered chemical facility wheth-
er successful or unsuccessful. 
‘‘SEC. 2107. ENFORCEMENT. 
‘‘(a) REVIEW OF SITE SECURITY PLAN.— 
‘‘(1) 
DISAPPROVAL.—The 
Secretary 
shall disapprove a security vulnerability 
assessment or site security plan sub-
mitted under this title if the Secretary 
determines, in his or her discretion, 
that— 
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‘‘(A) the security vulnerability as-
sessment or site security plan does 
not comply with the standards, proto-
cols, or procedures under section 
2103(a)(1)(A); or 
‘‘(B) in the case of a site security 
plan— 
‘‘(i) the plan or the implemen-
tation of the plan is insufficient 
to address vulnerabilities identi-
fied in a security vulnerability as-
sessment, site inspection, or un-
announced inspection of the cov-
ered chemical facility; or 
‘‘(ii) the plan fails to meet all 
applicable chemical facility secu-
rity performance standards. 
‘‘(2) PROVISION OF NOTIFICATION OF DIS-
APPROVAL.—If the Secretary disapproves 
the security vulnerability assessment or 
site security plan submitted by a covered 
chemical facility under this title or the 
implementation of a site security plan by 
such a chemical facility, the Secretary 
shall provide the owner or operator of 
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the covered chemical facility a written 
notification of the disapproval within 14 
days of the date on which the Secretary 
disapproves such assessment or plan, 
that— 
‘‘(A) includes a clear explanation 
of deficiencies in the assessment, 
plan, or implementation of the plan; 
and 
‘‘(B) requires the owner or oper-
ator of the covered chemical facility 
to revise the assessment or plan to 
address any deficiencies and, by such 
date as the Secretary determines is 
appropriate, to submit to the Sec-
retary the revised assessment or plan. 
‘‘(3) ORDER
FOR
COMPLIANCE.—When-
ever the Secretary determines that the 
owner or operator of a covered chemical 
facility has violated or is in violation of 
any requirement of this title or has failed 
or is failing to address any deficiencies in 
the assessment, plan, or implementation 
of the plan by such date as the Secretary 
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122 
determines to be appropriate, the Sec-
retary may— 
‘‘(A) after providing notice to the 
owner or operator of the covered 
chemical facility and an opportunity 
for such owner or operator to appeal 
the Secretary’s determination, issue 
an order assessing a civil penalty for 
any past or current violation, requir-
ing compliance immediately or within 
a specified time period, or both; or 
‘‘(B) commence a civil action in 
the United States district court in the 
district in which the violation oc-
curred for appropriate relief, includ-
ing temporary or permanent injunc-
tion. 
‘‘(4) ORDER TO CEASE OPERATIONS.—If 
the Secretary determines that the owner 
or operator of a covered chemical facility 
continues to be in noncompliance after 
an order for compliance is issued under 
paragraph (3), the Secretary may issue an 
order to the owner or operator of a cov-
ered chemical facility to cease operations 
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at the facility until the owner or operator 
complies with such order issued under 
paragraph (3). Notwithstanding the pre-
ceding sentence, the Secretary may not 
issue an order to cease operations under 
this paragraph to the owner or operator 
of a wastewater facility. 
‘‘(b) PENALTIES.— 
‘‘(1) CIVIL
PENALTIES.—A court may 
award a civil penalty, pursuant to an 
order issued by the Secretary under this 
title, of not more than $50,000 for each 
day on which a violation occurs or a fail-
ure to comply continues. 
‘‘(2) ADMINISTRATIVE
PENALTIES.—The 
Secretary may award an administrative 
penalty, pursuant to an order issued 
under this title, of not more than $25,000 
for each day on which a violation occurs 
or a failure to comply continues. 
‘‘SEC. 2108. WHISTLEBLOWER PROTECTIONS. 
‘‘(a) ESTABLISHMENT.—The Secretary shall 
establish and provide information to the pub-
lic regarding a process by which any person 
may submit a report to the Secretary regard-
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ing problems, deficiencies, or vulnerabilities 
at a covered chemical facility associated with 
the risk of a chemical facility terrorist inci-
dent. 
‘‘(b) 
CONFIDENTIALITY.—The 
Secretary 
shall keep confidential the identity of a per-
son that submits a report under subsection (a) 
and any such report shall be treated as pro-
tected information under section 2110 to the 
extent that it does not consist of publicly 
available information. 
‘‘(c) ACKNOWLEDGMENT
OF RECEIPT.—If a 
report submitted under subsection (a) identi-
fies the person submitting the report, the Sec-
retary shall respond promptly to such person 
to acknowledge receipt of the report. 
‘‘(d) STEPS
TO ADDRESS PROBLEMS.—The 
Secretary shall review and consider the infor-
mation provided in any report submitted 
under subsection (a) and shall, as necessary, 
take appropriate steps under this title to ad-
dress any problem, deficiency, or vulner-
ability identified in the report. 
‘‘(e) RETALIATION PROHIBITED.— 
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‘‘(1) PROHIBITION.—No owner or oper-
ator of a covered chemical facility, profit 
or not-for-profit corporation, association, 
or any contractor, subcontractor or agent 
thereof, may discharge any employee or 
otherwise discriminate against any em-
ployee with respect to his compensation, 
terms, conditions, or other privileges of 
employment because the employee (or 
any person acting pursuant to a request 
of the employee)— 
‘‘(A) notified the Secretary, the 
owner or operator of a covered chem-
ical facility, or the employee’s em-
ployer of an alleged violation of this 
title, including communications re-
lated to carrying out the employee’s 
job duties; 
‘‘(B) refused to engage in any 
practice made unlawful by this title, 
if the employee has identified the al-
leged illegality to the employer; 
‘‘(C) testified before or otherwise 
provided information relevant for 
Congress or for any Federal or State 
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proceeding regarding any provision 
(or proposed provision) of this title; 
‘‘(D) commenced, caused to be 
commenced, or is about to commence 
or cause to be commenced a pro-
ceeding under this title; 
‘‘(E) testified or is about to testify 
in any such proceeding; or 
‘‘(F) assisted or participated or is 
about to assist or participate in any 
manner in such a proceeding or in 
any other manner in such a pro-
ceeding or in any other action to 
carry out the purposes of this title. 
‘‘(2) ENFORCEMENT
ACTION.—Any em-
ployee covered by this section who al-
leges discrimination by an employer in 
violation of paragraph (1) may bring an 
action governed by the rules and proce-
dures, legal burdens of proof, and rem-
edies applicable under subsections (d) 
through (h) of section 20109 of title 49, 
United States Code. A party may seek dis-
trict court review as set forth in sub-
section (d)(4) of such section not later 
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than 90 days after receiving a written 
final determination by the Secretary of 
Labor. 
‘‘(3) PROHIBITED PERSONNEL PRACTICES 
AFFECTING THE DEPARTMENT.— 
‘‘(A) 
IN
GENERAL.—Notwith-
standing any other provision of law, 
any individual holding or applying 
for a position within the Department 
shall be covered by— 
‘‘(i) paragraphs (1), (8), and (9) 
of section 2302(b) of title 5, United 
States Code; 
‘‘(ii) any provision of law im-
plementing any of such para-
graphs by providing any right or 
remedy available to an employee 
or applicant for employment in 
the civil service; and 
‘‘(iii) any rule or regulation 
prescribed under any such para-
graph. 
‘‘(B) 
RULE
OF
CONSTRUCTION.— 
Nothing in this paragraph shall be 
construed to affect any rights, apart 
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from those referred to in subpara-
graph (A), to which an individual de-
scribed in that subparagraph might 
otherwise be entitled to under law. 
‘‘SEC. 2109. FEDERAL PREEMPTION. 
‘‘This title does not preclude or deny any 
right of any State or political subdivision 
thereof to adopt or enforce any regulation, re-
quirement, or standard of performance with 
respect to a covered chemical facility that is 
more stringent than a regulation, require-
ment, or standard of performance issued 
under this title, or otherwise impair any right 
or jurisdiction of any State or political sub-
division thereof with respect to covered 
chemical facilities within that State or polit-
ical subdivision thereof. 
‘‘SEC. 2110. PROTECTION OF INFORMATION. 
‘‘(a) PROHIBITION OF PUBLIC DISCLOSURE OF 
PROTECTED INFORMATION.—Protected informa-
tion, as described in subsection (g)— 
‘‘(1) shall be exempt from disclosure 
under section 552 of title 5, United States 
Code; and 
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129 
‘‘(2) shall not be made available pur-
suant to any State, local, or tribal law re-
quiring 
disclosure 
of 
information 
or 
records. 
‘‘(b) INFORMATION SHARING.— 
‘‘(1) IN GENERAL.—The Secretary shall 
prescribe such regulations, and may issue 
such orders, as necessary to prohibit the 
unauthorized disclosure of protected in-
formation, as described in subsection (g). 
‘‘(2) SHARING OF PROTECTED INFORMA-
TION.—The regulations under paragraph 
(1) shall provide standards for and facili-
tate the appropriate sharing of protected 
information with and between Federal, 
State, local, and tribal authorities, emer-
gency response providers, law enforce-
ment officials, designated supervisory 
and nonsupervisory covered chemical fa-
cility 
personnel 
with 
security, 
oper-
ational, or fiduciary responsibility for the 
facility, and designated facility employee 
representatives, if any. Such standards 
shall include procedures for the sharing 
of all portions of a covered chemical fa-
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cility’s vulnerability assessment and site 
security plan relating to the roles and re-
sponsibilities 
of 
covered 
individuals 
under section 2103(g)(1) with a represent-
ative of each certified or recognized bar-
gaining agent representing such covered 
individuals, if any, or, if none, with at 
least one supervisory and at least one 
non-supervisory employee with roles or 
responsibilities under section 2103(g)(1). 
‘‘(3) PENALTIES.—Protected informa-
tion, as described in subsection (g), shall 
not be shared except in accordance with 
the regulations under paragraph (1). Any 
person who purposefully publishes, di-
vulges, discloses, or makes known pro-
tected information in any manner or to 
any extent not authorized by the stand-
ards provided by the regulations under 
paragraph (1), shall, upon conviction, be 
imprisoned for not more than one year or 
fined in accordance with the provisions 
of chapter 227 of title 18, United States 
Code, 
applicable 
to 
class 
A 
mis-
demeanors, or both, and, in the case of 
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131 
Federal employees or officeholders, shall 
be removed from Federal office or em-
ployment. 
‘‘(c) TREATMENT OF INFORMATION IN ADJU-
DICATIVE PROCEEDINGS.—In any judicial or ad-
ministrative proceeding, protected informa-
tion described in subsection (g) shall be treat-
ed in a manner consistent with the treatment 
of sensitive security information under sec-
tion 525 of the Department of Homeland Secu-
rity Appropriations Act, 2007 (Public Law 
109–295; 120 Stat. 1381). 
‘‘(d) OTHER OBLIGATIONS UNAFFECTED.—Ex-
cept as provided in section 2103(h), nothing in 
this section affects any obligation of the 
owner or operator of a chemical facility under 
any other law to submit or make available in-
formation required by such other law to facil-
ity employees, employee organizations, or a 
Federal, State, tribal, or local government. 
‘‘(e) SUBMISSION OF INFORMATION TO CON-
GRESS.—Nothing in this title shall permit or 
authorize the withholding of information 
from Congress or any committee or sub-
committee thereof. 
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‘‘(f) DISCLOSURE
OF INDEPENDENTLY FUR-
NISHED INFORMATION.—Nothing in this title 
shall affect any authority or obligation of a 
Federal, State, local, or tribal government 
agency to protect or disclose any record or in-
formation that the Federal, State, local, or 
tribal government agency obtains from a 
chemical facility under any other law. 
‘‘(g) PROTECTED INFORMATION.— 
‘‘(1) IN GENERAL.—For purposes of this 
title, protected information is the fol-
lowing: 
‘‘(A) Security vulnerability assess-
ments and site security plans, includ-
ing any assessment required under 
section 2111. 
‘‘(B) Portions of the following doc-
uments, records, orders, notices, or 
letters that the Secretary determines 
would be detrimental to chemical fa-
cility security if disclosed and that 
are developed by the Secretary or the 
owner or operator of a covered chem-
ical facility for the purposes of this 
title: 
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133 
‘‘(i) Documents directly re-
lated to the Secretary’s review 
and approval or disapproval of 
vulnerability assessments and site 
security plans under this title. 
‘‘(ii) Documents directly re-
lated to inspections and audits 
under this title. 
‘‘(iii) Orders, notices, or let-
ters regarding the compliance of 
a covered chemical facility with 
the requirements of this title. 
‘‘(iv) Information required to 
be provided to, or documents and 
records created by, the Secretary 
under section subsection (b) or (c) 
of section 2102. 
‘‘(v) Documents directly re-
lated to security drills and train-
ing exercises, security threats and 
breaches of security, and mainte-
nance, calibration, and testing of 
security equipment. 
‘‘(C) 
Other 
information, 
docu-
ments, or records developed exclu-
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134 
sively for the purposes of this title 
that the Secretary determines, if dis-
closed, would be detrimental to chem-
ical facility security. 
‘‘(2) EXCLUSIONS.—For purposes of this 
section, protected information does not 
include— 
‘‘(A) information that is otherwise 
publicly available, including informa-
tion that is required to be made pub-
licly available under any law; 
‘‘(B) information that a chemical 
facility has lawfully disclosed other 
than in accordance with this title; or 
‘‘(C) information that, if disclosed, 
would not be detrimental to the secu-
rity of a chemical facility, including 
aggregate regulatory data that the 
Secretary determines is appropriate 
to describe facility compliance with 
the requirements of this title and the 
Secretary’s implementation of such 
requirements. 
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‘‘SEC. 2111. METHODS TO REDUCE THE CONSEQUENCES OF 
A TERRORIST ATTACK. 
‘‘(a) ASSESSMENT REQUIRED.— 
‘‘(1) ASSESSMENT.—The owner or oper-
ator of a covered chemical facility shall 
include in the site security plan con-
ducted pursuant to section 2103, an as-
sessment of methods to reduce the con-
sequences of a terrorist attack on that 
chemical facility, including— 
‘‘(A) a description of the methods 
to reduce the consequences of a ter-
rorist attack implemented and con-
sidered for implementation by the 
covered chemical facility; 
‘‘(B) the degree to which each 
method to reduce the consequences 
of a terrorist attack, if already imple-
mented, has reduced, or, if imple-
mented, could reduce, the potential 
extent of death, injury, or serious ad-
verse effects to human health result-
ing from a release of a substance of 
concern; 
‘‘(C) 
the 
technical 
feasibility, 
costs, avoided costs (including liabil-
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ities), personnel implications, savings, 
and applicability of implementing 
each method to reduce the con-
sequences of a terrorist attack; and 
‘‘(D) any other information that 
the owner or operator of the covered 
chemical facility considered in con-
ducting the assessment. 
‘‘(2) FEASIBLE.—For the purposes of 
this section, the term ‘feasible’ means fea-
sible with the use of best technology, 
techniques, and other means that the 
Secretary finds, after examination for ef-
ficacy under field conditions and not 
solely under laboratory conditions, are 
available for use at the covered chemical 
facility. 
‘‘(b) IMPLEMENTATION.— 
‘‘(1) IMPLEMENTATION.— 
‘‘(A) IN
GENERAL.—The owner or 
operator of a covered chemical facil-
ity that is assigned to tier 1 or tier 2 
because of the potential extent and 
likelihood of death, injury, and seri-
ous adverse effects to human health, 
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the environment, critical infrastruc-
ture, public health, homeland secu-
rity, national security, and the na-
tional economy from a release of a 
substance of concern at the covered 
chemical 
facility, 
shall 
implement 
methods to reduce the consequences 
of a terrorist attack on the chemical 
facility if the Director of the Office of 
Chemical 
Facility 
Security 
deter-
mines, in his or her discretion, using 
the assessment conducted pursuant 
to subsection (a), that the implemen-
tation of such methods at the facil-
ity— 
‘‘(i) would significantly reduce 
the risk of death, injury, or seri-
ous adverse effects to human 
health resulting from a chemical 
facility terrorist incident but— 
‘‘(I) would not increase 
the interim storage of a sub-
stance of concern outside the 
facility; 
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‘‘(II) would not directly re-
sult in the creation of a new 
covered chemical facility as-
signed to tier 1 or tier 2 be-
cause of the potential extent 
and likelihood of death, in-
jury, and serious adverse ef-
fects to human health, the en-
vironment, critical infrastruc-
ture, public health, homeland 
security, 
national 
security, 
and 
the 
national 
economy 
from a release of a substance 
of concern at the covered 
chemical facility; and 
‘‘(III) would not result in 
the reassignment of an exist-
ing covered chemical facility 
from tier 3 or tier 4 to tier 1 
or tier 2 because of the poten-
tial extent and likelihood of 
death, injury, and serious ad-
verse effects to human health, 
the environment, critical in-
frastructure, 
public 
health, 
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homeland security, national 
security, 
and 
the 
national 
economy from a release of a 
substance of concern at the 
covered chemical facility; 
‘‘(ii) can feasibly be incor-
porated into the operation of the 
covered chemical facility; and 
‘‘(iii) would not significantly 
and demonstrably impair the abil-
ity of the owner or operator of 
the covered chemical facility to 
continue the business of the facil-
ity at its location. 
‘‘(B) WRITTEN
DETERMINATION.—A 
determination by the Director of the 
Office of Chemical Facility Security 
pursuant to subparagraph (A) shall 
be made in writing and include the 
basis and reasons for such determina-
tion. 
‘‘(C) MARITIME
FACILITIES.—With 
respect to a covered chemical facility 
for which a security plan is required 
under section 70103(c) of title 46, 
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United States Code, a written deter-
mination pursuant to subparagraph 
(A) shall be made only after consulta-
tion with the Captain of the Port for 
the area in which the covered chem-
ical facility is located. 
‘‘(2) REVIEW OF INABILITY TO COMPLY.— 
‘‘(A) IN GENERAL.—An owner or op-
erator of a covered chemical facility 
who is unable to comply with the Di-
rector’s determination under para-
graph (1) shall, within 120 days of re-
ceipt of the Director’s determination, 
provide to the Secretary a written ex-
planation that includes the reasons 
therefor. Such written explanation 
shall specify whether the owner or 
operator’s inability to comply arises 
under clause (ii) or (iii) of paragraph 
(1)(A), or both. 
‘‘(B) REVIEW.—Not later than 120 
days of receipt of an explanation sub-
mitted under subparagraph (A), the 
Secretary, after consulting with the 
owner or operator of the covered 
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chemical facility who submitted such 
explanation, as well as experts in the 
subjects of environmental health and 
safety, security, chemistry, design 
and engineering, process controls and 
implementation, 
maintenance, 
pro-
duction 
and 
operations, 
chemical 
process 
safety, 
and 
occupational 
health, as appropriate, shall provide 
to the owner or operator a written 
determination, in his or her discre-
tion, of whether implementation shall 
be required pursuant to paragraph 
(1). If the Secretary determines that 
implementation is required, the Sec-
retary shall issue an order that estab-
lishes the basis for such determina-
tion, including the findings of the rel-
evant experts, the specific methods 
selected for implementation, and a 
schedule for implementation of the 
methods at the facility. 
‘‘(c) SECTORAL IMPACTS.— 
‘‘(1) GUIDANCE FOR FARM SUPPLIES MER-
CHANT WHOLESALERS.—The Secretary shall 
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provide guidance and, as appropriate, 
tools, methodologies or computer soft-
ware, to assist farm supplies merchant 
wholesalers in complying with the re-
quirements of this section.
The Sec-
retary may award grants to farm supplies 
merchant wholesalers to assist with com-
pliance 
with 
subsection 
(a), 
and 
in 
awarding such grants, shall give priority 
to farm supplies merchant wholesalers 
that have the greatest need for such 
grants. 
‘‘(2) 
ASSESSMENT
OF
IMPACTS.—Not 
later than 6 months after the date of en-
actment of this title, the Secretary shall 
transmit an assessment of the potential 
impacts of compliance with provisions of 
this section regarding the assessment 
and, as appropriate, implementation, of 
methods to reduce the consequences of a 
terrorist attack by manufacturers, retail-
ers, aerial commercial applicators, and 
distributors of pesticide and fertilizer to 
the Committee on Energy and Commerce 
of the House of Representatives, the Com-
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mittee on Homeland Security of the 
House of Representatives and the Com-
mittee on Homeland Security and Gov-
ernmental Affairs of the Senate.
Such 
assessment shall be conducted by the 
Secretary in consultation with other ap-
propriate Federal agencies and shall in-
clude the following: 
‘‘(A) Data on the scope of facilities 
covered by this title, including the 
number and type of manufacturers, 
retailers, aerial commercial applica-
tors and distributors of pesticide and 
fertilizer required to assess methods 
to reduce the consequences of a ter-
rorist attack under subsection (a) and 
the number and type of manufactur-
ers, retailers, aerial commercial ap-
plicators and distributors of pesticide 
and fertilizer assigned to tier 1 or tier 
2 by the Secretary
because of
the 
potential extent and
likelihood of 
death, injury, and serious adverse ef-
fects to human health, the environ-
ment, critical infrastructure, public 
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health, homeland security, national 
security, and the national economy 
from the release of a substance of 
concern at the facility. 
‘‘(B) A survey of known methods, 
processes or practices, other than 
elimination of or cessation of manu-
facture of the pesticide or fertilizer, 
that manufacturers, retailers, aerial 
commercial applicators, and distribu-
tors of pesticide and fertilizer could 
use to reduce the consequences of a 
terrorist attack, including an assess-
ment of the costs and technical feasi-
bility of each such method, process, 
or practice. 
‘‘(C) An analysis of how the
as-
sessment of methods to reduce the 
consequences of a
terrorist attack 
under subsection (a) by
manufactur-
ers, retailers, aerial commercial ap-
plicators, and distributors of pes-
ticide and fertilizer,
and,
as appro-
priate, the
implementation of meth-
ods to reduce the consequences of a
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terrorist attack by
such manufactur-
ers, retailers, aerial commercial ap-
plicators, and distributors of pes-
ticide and fertilizer
subject to
sub-
section (b),
are likely to impact 
other sectors engaged in commerce. 
‘‘(D) Recommendations for how to 
mitigate any adverse impacts identi-
fied pursuant to subparagraph (C). 
‘‘(3) FARM SUPPLIES MERCHANT WHOLE-
SALER.—In this subsection, the term ‘farm 
supplies merchant wholesaler’ means a 
covered chemical facility that is pri-
marily engaged in the merchant whole-
sale distribution of farm supplies, such as 
animal 
feeds, 
fertilizers, 
agricultural 
chemicals, pesticides, plant seeds, and 
plant bulbs. 
‘‘(d) PROVISION OF INFORMATION ON ALTER-
NATIVE APPROACHES.— 
‘‘(1) IN GENERAL.—The Secretary shall 
make available information on the use 
and availability of methods to reduce the 
consequences of a chemical facility ter-
rorist incident. 
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‘‘(2) INFORMATION
TO
BE
INCLUDED.— 
The information under paragraph (1) 
may include information about— 
‘‘(A) general and specific types of 
such methods; 
‘‘(B) 
combinations 
of 
chemical 
sources, substances of concern, and 
hazardous processes or conditions for 
which such methods could be appro-
priate; 
‘‘(C) the availability of specific 
methods to reduce the consequences 
of a terrorist attack; 
‘‘(D) the costs and cost savings re-
sulting from the use of such methods; 
‘‘(E) emerging technologies that 
could be transferred from research 
models or prototypes to practical ap-
plications; 
‘‘(F) the availability of technical 
assistance and best practices; and 
‘‘(G) such other matters that the 
Secretary 
determines 
are 
appro-
priate. 
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‘‘(3) 
PUBLIC
AVAILABILITY.—Informa-
tion made available under this subsection 
shall not identify any specific chemical 
facility, violate the protection of informa-
tion provisions under section 2110, or dis-
close any proprietary information. 
‘‘(e) FUNDING FOR METHODS TO REDUCE THE 
CONSEQUENCES OF A TERRORIST ATTACK.—The 
Secretary may make funds available to help 
defray the cost of implementing methods to 
reduce the consequences of a terrorist attack 
to covered chemical facilities that are re-
quired by the Secretary to implement such 
methods. 
‘‘SEC. 2112. APPLICABILITY. 
‘‘This title shall not apply to— 
‘‘(1) any chemical facility that is 
owned and operated by the Secretary of 
Defense; 
‘‘(2) the transportation in commerce, 
including incidental storage, of any sub-
stance of concern regulated as a haz-
ardous material under chapter 51 of title 
49, United States Code; 
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‘‘(3) all or a specified portion of any 
chemical facility that— 
‘‘(A) is subject to regulation by 
the Nuclear Regulatory Commission 
(hereinafter in this paragraph re-
ferred to as the ‘Commission’) or a 
State that has entered into an agree-
ment with the Commission under sec-
tion 274 b. of the Atomic Energy Act 
of 1954 (42 U.S.C. 2021 b.); 
‘‘(B) has had security controls im-
posed by the Commission or State, 
whichever has the regulatory author-
ity, on the entire facility or the speci-
fied portion of the facility; and 
‘‘(C) has been designated by the 
Commission, after consultation with 
the State, if any, that regulates the fa-
cility, and the Secretary, as excluded 
from the application of this title; or 
‘‘(4) any public water system subject 
to the Safe Drinking Water Act (42 U.S.C. 
300f et seq.). 
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‘‘SEC. 2113. SAVINGS CLAUSE. 
‘‘(a) IN GENERAL.—Nothing in this title 
shall affect or modify in any way any obliga-
tion or liability of any person under any other 
Federal law, including section 112 of the 
Clean Air Act (42 U.S.C. 7412), the Federal 
Water Pollution Control Act (33 U.S.C. 1251 et 
seq.), the Resource Conservation and Recov-
ery Act of 1976 (42 U.S.C. 6901 et seq.), the Na-
tional Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.), the Occupational Safety 
and Health Act (29 U.S.C. 651 et seq.), the Na-
tional Labor Relations Act (29 U.S.C. 151 et 
seq.), the Emergency Planning and Commu-
nity Right to Know Act of 1996 (42 U.S.C. 
11001 et seq.), the Safe Drinking Water Act (42 
U.S.C. 300f et seq.), the Maritime Transpor-
tation Security Act of 2002 (Public Law 107– 
295), the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of 
1980 (42 U.S.C. 9601 et seq.), the Toxic Sub-
stances Control Act (15 U.S.C. 2601 et seq.), 
and the Fair Credit Reporting Act (15 U.S.C. 
1681 et seq.). 
‘‘(b) OTHER
REQUIREMENTS.—Nothing in 
this title shall preclude or deny the right of 
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any State or political subdivision thereof to 
adopt or enforce any regulation, requirement, 
or standard of performance relating to envi-
ronmental protection, health, or safety. 
‘‘(c) ACCESS.—Nothing in this title shall 
abridge or deny access to a chemical facility 
site to any person where required or per-
mitted under any other law or regulation. 
‘‘SEC. 2114. OFFICE OF CHEMICAL FACILITY SECURITY. 
‘‘(a) IN GENERAL.—There is established in 
the Department an Office of Chemical Facility 
Security, headed by a Director, who shall be 
a member of the Senior Executive Service in 
accordance with subchapter VI of chapter 53 
of title 5, United States Code, under section 
5382 of that title, and who shall be responsible 
for carrying out the responsibilities of the 
Secretary under this title. 
‘‘(b) PROFESSIONAL
QUALIFICATIONS.—The 
individual selected by the Secretary as the Di-
rector of the Office of Chemical Facility Secu-
rity shall have professional qualifications and 
experience necessary for effectively directing 
the Office of Chemical Facility Security and 
carrying out the requirements of this title, in-
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cluding a demonstrated knowledge of phys-
ical infrastructure protection, cybersecurity, 
chemical facility security, hazard analysis, 
chemical process engineering, chemical proc-
ess safety reviews, or other such qualifica-
tions that the Secretary determines to be nec-
essary. 
‘‘(c) SELECTION PROCESS.—The Secretary 
shall make a reasonable effort to select an in-
dividual to serve as the Director from among 
a group of candidates that is diverse with re-
spect to race, ethnicity, age, gender, and dis-
ability characteristics and submit to the Com-
mittee on Homeland Security and the Com-
mittee on Energy and Commerce of the House 
of Representatives and the Committee on 
Homeland Security and Governmental Affairs 
of the Senate information on the selection 
process, including details on efforts to assure 
diversity among the candidates considered 
for this position. 
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‘‘SEC. 2115. SECURITY BACKGROUND CHECKS OF COVERED 
INDIVIDUALS AT CERTAIN CHEMICAL FACILI-
TIES. 
‘‘(a) REGULATIONS
ISSUED
BY
THE
SEC-
RETARY.— 
‘‘(1) IN GENERAL.— 
‘‘(A) REQUIREMENT.—The Secretary 
shall issue regulations to require cov-
ered chemical facilities to establish 
personnel surety for individuals de-
scribed in subparagraph (B) by con-
ducting appropriate security back-
ground checks and ensuring appro-
priate credentials for unescorted visi-
tors 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 
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‘‘(iv) measures designed to 
identify people with terrorist ties. 
‘‘(B) INDIVIDUALS
DESCRIBED.—For 
purposes of subparagraph (A), an in-
dividual described in this subpara-
graph is— 
‘‘(i) a covered individual who 
has 
unescorted 
access 
to 
re-
stricted areas or critical assets or 
who is provided with a copy of a 
security vulnerability assessment 
or site security plan; 
‘‘(ii) a person associated with 
a covered chemical facility, in-
cluding any designated employee 
representative, who is provided 
with a copy of a security vulner-
ability assessment or site security 
plan; or 
‘‘(iii) a person who is deter-
mined by the Secretary to require 
a 
security 
background 
check 
based on chemical facility secu-
rity performance standards. 
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‘‘(2) 
REGULATIONS.—The 
regulations 
required by paragraph (1) shall set 
forth— 
‘‘(A) the scope of the security 
background 
checks, 
including 
the 
types of disqualifying offenses and 
the time period covered for each per-
son subject to a security background 
check under paragraph (1); 
‘‘(B) the processes to conduct the 
security background checks; 
‘‘(C) the necessary biographical 
information and other data required 
in order to conduct the security back-
ground checks; 
‘‘(D) a redress process for an ad-
versely-affected 
person 
consistent 
with subsections (b) and (c); and 
‘‘(E) a prohibition on an owner or 
operator of a covered chemical facil-
ity misrepresenting to an employee or 
other relevant person, including an 
arbiter involved in a labor arbitra-
tion, the scope, application, or mean-
ing of any rules, regulations, direc-
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tives, or guidance issued by the Sec-
retary related to security background 
check requirements for covered indi-
viduals when conducting a security 
background check. 
‘‘(b) MISREPRESENTATION OF ADVERSE EM-
PLOYMENT
DECISIONS.—The regulations re-
quired by subsection (a)(1) shall set forth that 
it shall be a misrepresentation under sub-
section (a)(2)(E) to attribute an adverse em-
ployment decision, including removal or sus-
pension of the employee, to such regulations 
unless the owner or operator finds, after op-
portunity for appropriate redress under the 
processes provided under subsection (c)(1) 
and (c)(2), that the person subject to such ad-
verse employment decision— 
‘‘(1) has been convicted of, has been 
found not guilty of by reason of insanity, 
or is under want, warrant, or indictment 
for a permanent disqualifying criminal 
offense listed in part 1572 of title 49, 
Code of Federal Regulations; 
‘‘(2) was convicted of or found not 
guilty by reason of insanity of an interim 
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disqualifying criminal offense listed in 
part 1572 of title 49, Code of Federal Reg-
ulations, within 7 years of the date on 
which the covered chemical facility per-
forms the security background check; 
‘‘(3) was incarcerated for an interim 
disqualifying criminal offense listed in 
part 1572 of title 49, Code of Federal Reg-
ulations, and released from incarceration 
within 5 years of the date that the chem-
ical facility performs the security back-
ground check; 
‘‘(4) is determined by the Secretary to 
be 
on 
the 
consolidated 
terrorist 
watchlist; or 
‘‘(5) is determined, as a result of the 
security background check, not to be le-
gally authorized to work in the United 
States. 
‘‘(c) REDRESS PROCESS.—Upon the issuance 
of regulations under subsection (a), the Sec-
retary shall— 
‘‘(1) require the owner or operator to 
provide an adequate and prompt redress 
process for a person subject to a security 
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background 
check 
under 
subsection 
(a)(1) who is subjected to an adverse em-
ployment decision, including removal or 
suspension of the employee, due to such 
regulations that is consistent with the ap-
peals process established for employees 
subject to consumer reports under the 
Fair Credit Reporting Act (15 U.S.C. 1681 
et seq.), as in force on the date of enact-
ment of this title; 
‘‘(2) provide an adequate and prompt 
redress process for a person subject to a 
security background check under sub-
section (a)(1) who is subjected to an ad-
verse employment decision, including re-
moval or suspension of the employee, due 
to a determination by the Secretary 
under subsection (b)(4), that is consistent 
with the appeals process established 
under section 70105(c) of title 46, United 
States Code, including all rights to hear-
ings before an administrative law judge, 
scope of review, and a review of an un-
classified summary of classified evidence 
equivalent to the summary provided in 
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part 1515 of title 49, Code of Federal Reg-
ulations; 
‘‘(3) provide an adequate and prompt 
redress process for a person subject to a 
security background check under sub-
section (a)(1) who is subjected to an ad-
verse employment decision, including re-
moval or suspension of the employee, due 
to a violation of subsection (a)(2)(E), 
which shall not preclude the exercise of 
any other rights available under collec-
tive bargaining agreements or applicable 
laws; 
‘‘(4) establish a reconsideration proc-
ess described in subsection (d) for a per-
son subject to an adverse employment de-
cision that was attributed by an owner or 
operator to the regulations required by 
subsection (a)(1); 
‘‘(5) have the authority to order an 
appropriate remedy, including reinstate-
ment of the person subject to a security 
background 
check 
under 
subsection 
(a)(1), if the Secretary determines that 
the adverse employment decision was 
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made in violation of the regulations re-
quired under subsection (a)(1) or as a re-
sult of an erroneous determination by the 
Secretary under subsection (b)(4); 
‘‘(6) ensure that the redress processes 
required under paragraphs (1), (2), or (3) 
afford to the person a full disclosure of 
any public-record event covered by sub-
section (b) that provides the basis for an 
adverse employment decision; and 
‘‘(7) ensure that the person subject to 
a security background check under sub-
section (a)(1) receives the person’s full 
wages and benefits until all redress proc-
esses 
under 
this 
subsection 
are 
ex-
hausted. 
‘‘(d) RECONSIDERATION PROCESS.— 
‘‘(1) IN GENERAL.—The reconsideration 
process required under subsection (c)(4) 
shall— 
‘‘(A) require the Secretary to de-
termine, within 30 days after receiv-
ing a petition submitted by a person 
subject to an adverse employment de-
cision that was attributed by an 
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owner or operator to the regulations 
required by subsection (a)(1), wheth-
er such person poses a security risk 
to the covered chemical facility; and 
‘‘(B) 
include 
procedures 
con-
sistent with section 70105(c) of title 
46, United States Code, including all 
rights to hearings before an adminis-
trative law judge, scope of review, 
and a review of an unclassified sum-
mary of classified evidence equiva-
lent to the summary provided in part 
1515 of title 49, Code of Federal Regu-
lations. 
‘‘(2) 
DETERMINATION
BY
THE
SEC-
RETARY.—In making a determination de-
scribed under paragraph (1)(A), the Sec-
retary shall— 
‘‘(A) give consideration to the cir-
cumstance of any disqualifying act or 
offense, restitution made by the per-
son, Federal and State mitigation 
remedies, and other factors from 
which it may be concluded that the 
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person does not pose a security risk 
to the covered chemical facility; and 
‘‘(B) provide his or her determina-
tion as to whether such person poses 
a security risk to the covered chem-
ical facility to the petitioner and to 
the owner or operator of the covered 
chemical facility. 
‘‘(3) OWNER OR OPERATOR RECONSIDER-
ATION.—If the Secretary determines pur-
suant to paragraph (1)(A) that the person 
does not pose a security risk to the cov-
ered chemical facility, it shall thereafter 
constitute a prohibited misrepresentation 
for the owner or operator of the covered 
chemical facility to continue to attribute 
the adverse employment decision to the 
regulations under subsection (a)(1). 
‘‘(e) RESTRICTIONS
ON USE
AND MAINTE-
NANCE
OF
INFORMATION.—Information 
ob-
tained 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 available to the public. 
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‘‘(2) Such information may not be 
accessed by employees of the facility ex-
cept for such employees who are directly 
involved with collecting the information 
or conducting or evaluating security 
background checks. 
‘‘(3) Such information shall be main-
tained confidentially by the facility and 
the Secretary and may be used only for 
making determinations under this sec-
tion. 
‘‘(4) The Secretary may share such in-
formation 
with 
other 
Federal, 
State, 
local, and tribal law enforcement agen-
cies. 
‘‘(f) SAVINGS CLAUSE.— 
‘‘(1) RIGHTS
AND
RESPONSIBILITIES.— 
Nothing in this section shall be construed 
to abridge any right or responsibility 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 bar-
gaining agreement. 
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‘‘(2) EXISTING RIGHTS.—Nothing in this 
section shall be construed as creating 
any new right or modifying any existing 
right of an individual to appeal a deter-
mination by the Secretary as a result of a 
check against a terrorist watch list. 
‘‘(g) PREEMPTION.—Nothing in this section 
shall be construed to preempt, alter, or affect 
a Federal, State, local, or tribal law that re-
quires criminal history background checks, 
checks on the authorization of an individual 
to work in the United States, or other back-
ground 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 review at no cost to any per-
son subject to a security background check 
under subsection (a)(1) of the following for 
the purpose of identifying individuals who 
may pose a threat to chemical facility secu-
rity, to national security, or of terrorism: 
‘‘(1) Relevant databases to verify and 
validate identity. 
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‘‘(2) Relevant criminal history data-
bases. 
‘‘(3) In the case of an alien (as defined 
in section 101 of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(3))), the rel-
evant databases to determine 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 Sec-
retary. 
‘‘(i) 
DEPARTMENT-CONDUCTED
SECURITY 
BACKGROUND CHECK.—The regulations under 
subsection (a)(1) shall set forth a process by 
which the Secretary, on an ongoing basis, 
shall determine whether alternate security 
background checks conducted by the Depart-
ment are sufficient to meet the requirements 
of this section such that no additional secu-
rity background check under this section is 
required for an individual for whom such a 
qualifying 
alternate 
security 
background 
check was conducted. The Secretary may re-
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quire a facility to which the individual will 
have unescorted access to sensitive or re-
stricted areas to submit identifying informa-
tion about the individual and the alternate se-
curity background check conducted for that 
individual to the Secretary in order to enable 
the Secretary to verify the validity of the al-
ternate security background check. Such reg-
ulations shall provide that no security back-
ground check under this section is required 
for an individual holding a transportation se-
curity card issued under section 70105 of title 
46, United States Code. 
‘‘SEC. 2116. CITIZEN ENFORCEMENT. 
‘‘(a) IN GENERAL.—Except as provided in 
subsection (c), any person may commence a 
civil action on such person’s own behalf— 
‘‘(1) against any governmental entity 
(including the United States, any other 
governmental instrumentality or agency, 
and any federally owned-contractor oper-
ated facility, to the extent permitted by 
the eleventh amendment to the Constitu-
tion) alleged to be in violation of any 
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166 
order that has become effective pursuant 
to this title; or 
‘‘(2) against the Secretary, for an al-
leged failure to perform any act or duty 
under this title that is not discretionary 
for the Secretary. 
‘‘(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 dis-
trict in which the alleged violation oc-
curred or in the United States District 
Court of the District of Columbia. 
‘‘(2) RELIEF.—The district court shall 
have jurisdiction, without regard to the 
amount in controversy or the citizenship 
of the parties to enforce the order re-
ferred to in subsection (a)(1), to order 
such governmental entity to take such ac-
tion as may be necessary, or both, or, in 
an action commenced under subsection 
(a)(2), to order the Secretary to perform 
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the non-discretionary act or duty, and to 
order any civil penalties, as appropriate, 
under section 2107. 
‘‘(c) ACTIONS PROHIBITED.—No action may 
be commenced under subsection (a) prior to 
60 days after the date on which the person 
commencing the action has given notice of the 
alleged violation to— 
‘‘(1) the Secretary; and 
‘‘(2) in the case of an action under 
subsection (a)(1), any governmental enti-
ty alleged to be in violation of an order. 
‘‘(d) NOTICE.—Notice under this section 
shall be given in such manner as the Sec-
retary shall prescribe by regulation. 
‘‘(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 (includ-
ing reasonable attorney and expert witness 
fees) to the prevailing or substantially pre-
vailing party, whenever the court determines 
such an award is appropriate. The court may, 
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if a temporary restraining order or prelimi-
nary 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. CITIZEN PETITIONS. 
‘‘(a) IN
GENERAL.—The Secretary shall 
issue regulations to establish a petition proc-
ess for petitions described in subsection (b), 
including— 
‘‘(1) the format for petitions; 
‘‘(2) the procedures for investigation 
of claims; 
‘‘(3) the procedures for response to 
petitions, including timelines; and 
‘‘(4) the procedures for de novo re-
view of responses to petitions by the Of-
fice of the Inspector General for the De-
partment of Homeland Security. 
‘‘(b) PETITIONS.—The regulations issued 
pursuant to subsection (a) shall allow any per-
son to file a petition with the Secretary— 
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‘‘(1) identifying any person (including 
the United States and any other govern-
mental instrumentality or agency, to the 
extent permitted by the eleventh amend-
ment to the Constitution) alleged to be in 
violation of any standard, regulation, 
condition, requirement, prohibition, plan, 
or order that has become effective under 
this title; and 
‘‘(2) describing the alleged violation 
of any standard, regulation, condition, re-
quirement, prohibition, plan, or order 
that has become effective under this title 
by that person. 
‘‘(c) REQUIREMENTS.—Upon issuance of 
regulations under subsection (a), the Sec-
retary shall— 
‘‘(1) accept all petitions described 
under subsection (b) that meet the re-
quirements of the regulations promul-
gated under subsection (a); 
‘‘(2) investigate all allegations con-
tained in accepted petitions; 
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‘‘(3) determine whether enforcement 
action will be taken concerning the al-
leged violation or violations; 
‘‘(4) respond to all accepted petitions 
promptly and in writing; 
‘‘(5) include in all responses to peti-
tions a brief and concise statement, to 
the extent permitted under section 2110, 
of the allegations, the steps taken to in-
vestigate, the determination made, and 
the reasons for such determination; 
‘‘(6) maintain an internal record in-
cluding all protected information related 
to the determination; and 
‘‘(7) provide an opportunity for re-
view by the Department of Homeland Se-
curity Inspector General on the full 
record, including protected information, 
for all determinations made under such 
regulations. 
‘‘(d) FINAL AGENCY ACTION.— 
‘‘(1) 
ONGOING
ENFORCEMENT
PRO-
CEEDINGS.—Any determination by the Sec-
retary to pursue enforcement action in 
response to a petition under this section 
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shall not constitute final agency action 
because of ongoing enforcement pro-
ceedings. 
‘‘(2) DETERMINATION NOT TO PURSUE EN-
FORCEMENT.—Any determination by the 
Secretary not to pursue enforcement ac-
tion in response to a petition under this 
section shall constitute final agency ac-
tion. 
‘‘SEC. 2118. 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 Secretary 
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 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 following: 
‘‘(1) A qualitative discussion of how 
covered chemical facilities, differentiated 
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by tier, have reduced the risks of chem-
ical facility terrorist incidents at such fa-
cilities, including— 
‘‘(A) a generalized summary of 
measures implemented by covered 
chemical facilities in order to meet 
each risk-based chemical facility per-
formance standard established by 
this title, and those that the facilities 
already had in place— 
‘‘(i) in the case of the first re-
port under this section, before the 
issuance of the final rule imple-
menting the regulations known as 
the ‘Chemical Facility Anti-Ter-
rorism Standards’, issued on April 
9, 2007; and 
‘‘(ii) in the case of each subse-
quent report, since the submittal 
of the most recent report sub-
mitted under this section; and 
‘‘(B) any other generalized sum-
mary the Secretary deems appro-
priate to describe the measures cov-
ered chemical facilities are imple-
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173 
menting to comply with the require-
ments of this title. 
‘‘(2) A quantitative summary of how 
the covered chemical facilities, differen-
tiated by tier, are complying with the re-
quirements of this title during the period 
covered by the report and how the Sec-
retary is implementing and enforcing 
such requirements during such period, 
including— 
‘‘(A) the number of chemical fa-
cilities that provided the Secretary 
with information about possessing 
substances of concern, as described 
in section 2102(b)(2); 
‘‘(B) the number of covered chem-
ical facilities assigned to each tier; 
‘‘(C) the number of security vul-
nerability assessments and site secu-
rity 
plans 
submitted 
by 
covered 
chemical facilities; 
‘‘(D) the number of security vul-
nerability assessments and site secu-
rity plans approved and disapproved 
by the Secretary; 
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‘‘(E) the number of covered chem-
ical facilities without approved secu-
rity vulnerability assessments or site 
security plans; 
‘‘(F) the number of chemical fa-
cilities that have been assigned to a 
different tier or are no longer regu-
lated by the Secretary due to imple-
mentation of a method to reduce the 
consequences of a terrorist attack 
and a description of such imple-
mented methods; 
‘‘(G) the number of orders for 
compliance issued by the Secretary; 
‘‘(H) the administrative penalties 
assessed by the Secretary for non- 
compliance with the requirements of 
this title; 
‘‘(I) the civil penalties assessed by 
the court for non-compliance with the 
requirements of this title; 
‘‘(J) 
the 
number 
of 
terrorist 
watchlist checks conducted by the 
Secretary in order to comply with the 
requirements of this title, the number 
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of appeals conducted by the Sec-
retary pursuant to the processes de-
scribed under paragraphs (2), (3) and 
(4) of section 2115(c), aggregate infor-
mation regarding the time taken for 
such appeals, aggregate information 
regarding the manner in which such 
appeals were resolved, and, based on 
information provided to the Sec-
retary annually by each owner or op-
erator of a covered chemical facility, 
the number of persons subjected to 
adverse employment decisions that 
were attributed by the owner or oper-
ator to the regulations required by 
section 2115; and 
‘‘(K) any other regulatory data the 
Secretary deems appropriate to de-
scribe facility compliance with the re-
quirements of this title and the Sec-
retary’s implementation of such re-
quirements. 
‘‘(b) PUBLIC AVAILABILITY.—A report sub-
mitted under this section shall be made pub-
licly available. 
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176 
‘‘SEC. 2119. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There is authorized to be appropriated to 
the Secretary of Homeland Security to carry 
out this title— 
‘‘(1) $325,000,000 for fiscal year 2011, 
of which $100,000,000 shall be made avail-
able to provide funding for methods to 
reduce the consequences of a terrorist at-
tack, of which up to $3,000,000 shall be 
made available for grants authorized 
under section 2111(c)(1); 
‘‘(2) $300,000,000 for fiscal year 2012, 
of which $75,000,000 shall be made avail-
able to provide funding for methods to 
reduce the consequences of a terrorist at-
tack, of which up to $3,000,000 shall be 
made available for grants authorized 
under section 2111(c)(1); and 
‘‘(3) $275,000,000 for fiscal year 2013, 
of which $50,000,000 shall be made avail-
able to provide funding for methods to 
reduce the consequences of a terrorist at-
tack, of which up to $3,000,000 shall be 
made available for grants authorized 
under section 2111(c)(1).’’. 
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(b) CLERICAL AMENDMENT.—The table of 
contents in section 1(b) of such Act is amend-
ed 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 fa-
cilities. 
‘‘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 enforcement. 
‘‘Sec. 2117. Citizen petitions. 
‘‘Sec. 2118. Annual report to Congress. 
‘‘Sec. 2119. 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 the date of the enactment of this Act. 
(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 De-
partment of Homeland Security Appro-
priations Act (Public Law 109–295) to reg-
ulate security practices at chemical facili-
ties until October 1, 2009. Pursuant to 
that section the Secretary prescribed reg-
ulations known as the Chemical Facility 
Anti-Terrorism Standards, or ‘‘CFATS’’. 
(2) USE OF CURRENT REGULATIONS.—In 
carrying out the requirements of title XXI 
of the Homeland 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 immediately before the date 
of the enactment of this Act, that the Sec-
retary determines carry out such require-
ments. 
(3) AMENDMENT
OF
CFATS.—The Sec-
retary 
shall 
amend 
the 
regulations 
known as the Chemical Facility Anti-Ter-
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rorism 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 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 ex-
tent determined appropriate by the Sec-
retary, the Secretary may use such rules 
or tools developed for purposes of the 
regulations known as the Chemical Facil-
ity Anti-Terrorism Standards, including 
the list of substances of concern, usually 
referred to as ‘‘Appendix A’’ and the 
chemical security assessment tool (which 
includes facility registration, a top-screen 
questionnaire, a security vulnerability as-
sessment tool, a site security plan tem-
plate, and a chemical vulnerability infor-
mation repository). 
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