security plan conducted pursuant to section 2103, 
an
assessment
of
methods
to
reduce
the
con-
sequences of a terrorist attack on that chemical fa-
cility, including— 
‘‘(A) a description of the methods to re-
duce the consequences of a terrorist attack im-
plemented and considered for implementation 
by the covered chemical facility; 
‘‘(B) the degree to which each method to 
reduce the consequences of a terrorist attack, if 
already implemented, has reduced, or, if imple-
mented, could reduce, the potential extent of 
death, injury, or serious adverse effects to 
human health resulting from a release of a sub-
stance of concern; 
‘‘(C) the technical feasibility, costs, avoided 
costs (including liabilities), personnel implica-
tions, savings, and applicability of implementing 
each method to reduce the consequences of a 
terrorist attack; and 
‘‘(D) any other information that the owner 
or operator of the covered chemical facility con-
sidered in conducting the assessment. 
‘‘(2) FEASIBLE.—For the purposes of this sec-
tion, the term ‘feasible’ means feasible with the use 
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of best technology, techniques, and other means that 
the Secretary finds, after examination for efficacy 
under field conditions and not solely under labora-
tory 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 facility that is assigned to 
tier 1 or tier 2 because of the potential extent 
and likelihood of death, injury, and serious ad-
verse effects to human health, the environment, 
critical infrastructure, public health, homeland 
security, national security, and the national 
economy from a release of a substance of con-
cern at the covered chemical facility, shall im-
plement methods to reduce the consequences of 
a terrorist attack on the chemical facility if the 
Director of the Office of Chemical Facility Se-
curity determines, in his or her discretion, using 
the assessment conducted pursuant to sub-
section (a), that the implementation of such 
methods at the facility— 
‘‘(i) would significantly reduce the 
risk of death, injury, or serious adverse ef-
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fects to human health resulting from a 
chemical facility terrorist incident but— 
‘‘(I) would not increase the in-
terim storage of a substance of con-
cern outside the facility; 
‘‘(II) would not directly result in 
the creation of a new covered chemical 
facility assigned to tier 1 or tier 2 be-
cause of the potential extent and like-
lihood of death, injury, and serious 
adverse effects to human health, the 
environment,
critical
infrastructure, 
public health, homeland security, na-
tional security, and the national econ-
omy from a release of a substance of 
concern at the covered chemical facil-
ity; 
‘‘(III) would not result in the re-
assignment
of
an
existing
covered 
chemical facility from tier 3 or tier 4 
to tier 1 or tier 2 because of the po-
tential extent and likelihood of death, 
injury, and serious adverse effects to 
human health, the environment, crit-
ical
infrastructure,
public
health, 
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homeland security, national security, 
and the national economy from a re-
lease of a substance of concern at the 
covered chemical facility; and 
‘‘(IV) would not significantly in-
crease the potential extent and likeli-
hood of death, injury, and serious ad-
verse effects to human health, the en-
vironment,
critical
infrastructure, 
public health, homeland security, na-
tional security, and the national econ-
omy from a release of a substance of 
concern due to a terrorist attack on 
the transportation infrastructure of 
the United States; 
‘‘(ii) can feasibly be incorporated into 
the operation of the covered chemical facil-
ity; and 
‘‘(iii) would not significantly and de-
monstrably impair the ability of the owner 
or operator of the covered chemical facility 
to continue the business of the facility at 
its location. 
‘‘(B) WRITTEN
DETERMINATION.—A de-
termination by the Director of the Office of 
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Chemical Facility Security pursuant to sub-
paragraph (A) shall be made in writing and in-
clude the basis and reasons for such determina-
tion, including the Director’s analysis of the 
covered chemical facility’s assessment of the 
technical feasibility, costs, avoided costs (includ-
ing liabilities), personnel implications, savings, 
and applicability of implementing each method 
to reduce the consequences of a terrorist attack. 
‘‘(C) MARITIME FACILITIES.—With respect 
to a covered chemical facility for which a secu-
rity plan is required under section 70103(c) of 
title 46, United States Code, a written deter-
mination pursuant to subparagraph (A) shall be 
made only after consultation with the Captain 
of the Port for the area in which the covered 
chemical facility is located. 
‘‘(2) REVIEW OF INABILITY TO COMPLY.— 
‘‘(A) IN GENERAL.—An owner or operator 
of a covered chemical facility who is unable to 
comply with the Director’s determination under 
paragraph (1) shall, within 120 days of receipt 
of the Director’s determination, provide to the 
Secretary a written explanation that includes 
the reasons therefor. Such written explanation 
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shall specify whether the owner or operator’s in-
ability to comply arises under clause (ii) or (iii) 
of paragraph (1)(A), or both. 
‘‘(B) REVIEW.—Not later than 120 days 
after receipt of an explanation submitted under 
subparagraph (A), the Secretary, after con-
sulting with the owner or operator of the cov-
ered chemical facility who submitted such expla-
nation, as well as experts in the subjects of en-
vironmental health and safety, security, chem-
istry, design and engineering, process controls 
and implementation, maintenance, production 
and operations, chemical process safety, and oc-
cupational health, as appropriate, shall provide 
to the owner or operator a written determina-
tion, in his or her discretion, of whether imple-
mentation shall be required pursuant to para-
graph (1). If the Secretary determines that im-
plementation is required, the Secretary shall 
issue an order that establishes the basis for 
such determination, including the findings of 
the relevant experts, the specific methods se-
lected for implementation, and a schedule for 
implementation of the methods at the facility. 
‘‘(c) AGRICULTURAL SECTOR.— 
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‘‘(1) GUIDANCE
FOR
FARM
SUPPLIES
MER-
CHANT WHOLESALERS.—The Secretary shall provide 
guidance and, as appropriate, tools, methodologies or 
computer software, to assist farm supplies merchant 
wholesalers in complying with the requirements of 
this section.
The Secretary may award grants to 
farm supplies merchant wholesalers to assist with 
compliance with subsection (a), and in awarding 
such grants, shall give priority to farm supplies mer-
chant wholesalers that have the greatest need for 
such grants. 
‘‘(2)
ASSESSMENT
OF
AGRICULTURAL
IM-
PACTS.—Not later than 6 months after the date of 
the enactment of this title, the Secretary shall trans-
mit an assessment of the potential impacts of com-
pliance with provisions of this section regarding the 
assessment and, as appropriate, implementation, of 
methods to reduce the consequences of a terrorist 
attack on the agricultural sector to the Committee 
on Energy and Commerce of the House of Rep-
resentatives, the Committee on Homeland Security 
of the House of Representatives, the Committee on 
Homeland Security and Governmental Affairs of the 
Senate, the Committee on Agriculture of the House 
of Representatives, and the Committee on Agri-
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culture,
Nutrition
and
Forestry
of
the
Senate.
Such assessment shall be conducted by the Secretary 
in consultation with other appropriate Federal agen-
cies and shall include the following: 
‘‘(A) Data on the scope of agricultural fa-
cilities covered by this title, including the num-
ber and type of manufacturers, retailers, aerial 
commercial applicators and distributors of pes-
ticide and fertilizer required to assess methods 
to reduce the consequences of a terrorist attack 
under subsection (a) and the number and type 
of manufacturers, retailers, aerial commercial 
applicators and distributors of pesticide and 
fertilizer assigned to tier 1 or tier 2 by the Sec-
retary
because of
the potential extent and
likelihood of death, injury, and serious adverse 
effects to human health, the environment, crit-
ical infrastructure, public health, homeland se-
curity, national security, and the national econ-
omy from the release of a substance of concern 
at the facility. 
‘‘(B) A survey of known methods, proc-
esses or practices, other than elimination of or 
cessation of manufacture of the pesticide or fer-
tilizer,
that
manufacturers,
retailers,
aerial 
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commercial applicators, and distributors of pes-
ticide and fertilizer could use to reduce the con-
sequences of a terrorist attack, including an as-
sessment of the costs and technical feasibility of 
each such method, process, or practice. 
‘‘(C) An analysis of how the
assessment 
of methods to reduce the consequences of a
terrorist attack under subsection (a) by
manu-
facturers, retailers, aerial commercial applica-
tors, and distributors of pesticide and fertilizer,
and,
as
appropriate,
the
implementation
of 
methods to reduce the consequences of a
ter-
rorist attack by
such manufacturers, retailers, 
aerial commercial applicators, and distributors 
of
pesticide
and
fertilizer
subject
to
sub-
section (b),
are likely to impact agricultural 
endusers. 
‘‘(D) Recommendations for how to miti-
gate any adverse impacts identified pursuant to 
subparagraph (C). 
‘‘(3) DEFINITIONS.—In this subsection: 
‘‘(A) FARM SUPPLIES MERCHANT WHOLE-
SALER.—The
term
‘farm
supplies
merchant 
wholesaler’ means a covered chemical facility 
that is primarily engaged in the merchant 
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wholesale distribution of farm supplies, such as 
animal feeds, fertilizers, agricultural chemicals, 
pesticides, plant seeds, and plant bulbs. 
‘‘(B)
AGRICULTURAL
END-USERS.—The 
term ‘agricultural end-users’ means facilities 
such as— 
‘‘(i) farms, including crop, fruit, nut, 
and vegetable farms; 
‘‘(ii) ranches and rangeland; 
‘‘(iii) poultry, dairy, and equine facili-
ties; 
‘‘(iv) turfgrass growers; 
‘‘(v) golf courses; 
‘‘(vi) nurseries; 
‘‘(vii) floricultural operations; and 
‘‘(viii) public and private parks. 
‘‘(d) SMALL COVERED CHEMICAL FACILITIES.— 
‘‘(1) GUIDANCE FOR SMALL COVERED CHEM-
ICAL FACILITIES.—The Secretary may provide guid-
ance and, as appropriate, tools, methodologies, or 
computer software, to assist small covered chemical 
facilities in complying with the requirements of this 
section. 
‘‘(2) ASSESSMENT OF IMPACTS ON SMALL COV-
ERED CHEMICAL FACILITIES.—Not later than 6 
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months after the date of the enactment of this title, 
the Secretary shall transmit to the Committee on 
Energy and Commerce of the House of Representa-
tives, the Committee on Homeland Security of the 
House of Representatives, and the Committee on 
Homeland Security and Governmental Affairs of the 
Senate an assessment of the potential effects on 
small covered chemical facilities of compliance with 
provisions of this section regarding the assessment 
and, as appropriate, implementation, of methods to 
reduce the consequences of a terrorist attack. Such 
assessment shall include— 
‘‘(A) data on the scope of facilities covered 
by this title, including the number and type of 
small covered chemical facilities that are re-
quired to assess methods to reduce the con-
sequences of a terrorist attack under subsection 
(a) and the number and type of small covered 
chemical facilities assigned to tier 1 or tier 2 
under section 2102(c)(1) by the Secretary be-
cause of the potential extent and likelihood of 
death, injury, and serious adverse effects to 
human health, the environment, critical infra-
structure, public health, homeland security, na-
tional security, and the national economy from 
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the release of a substance of concern at the fa-
cility; and 
‘‘(B) a discussion of how the Secretary 
plans to apply the requirement that before re-
quiring a small covered chemical facility that is 
required to implement methods to reduce the 
consequences of a terrorist attack under sub-
section (b) the Secretary shall first determine 
that the implementation of such methods at the 
small covered chemical facility not significantly 
and demonstrably impair the ability of the 
owner or operator of the covered chemical facil-
ity to continue the business of the facility at its 
location. 
‘‘(3) DEFINITION.—For purposes of this sub-
section, the term ‘small covered chemical facility’ 
means a covered chemical facility that has fewer 
than 350 employees employed at the covered chem-
ical facility, and is not a branch or subsidiary of an-
other entity. 
‘‘(e) PROVISION OF INFORMATION ON ALTERNATIVE 
APPROACHES.— 
‘‘(1) IN GENERAL.—The Secretary shall make 
available information on the use and availability of 
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methods to reduce the consequences of a chemical 
facility terrorist incident. 
‘‘(2) INFORMATION TO BE INCLUDED.—The in-
formation under paragraph (1) may include informa-
tion 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 
appropriate; 
‘‘(C) the availability of specific methods to 
reduce the consequences of a terrorist attack; 
‘‘(D) the costs and cost savings resulting 
from the use of such methods; 
‘‘(E) emerging technologies that could be 
transferred from research models or prototypes 
to practical applications; 
‘‘(F) the availability of technical assistance 
and best practices; and 
‘‘(G) such other matters that the Secretary 
determines are appropriate. 
‘‘(3) PUBLIC AVAILABILITY.—Information made 
available under this subsection shall not identify any 
specific chemical facility, violate the protection of in-
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formation provisions under section 2110, or disclose 
any proprietary information. 
‘‘(f) FUNDING FOR METHODS TO REDUCE THE CON-
SEQUENCES OF A TERRORIST ATTACK.—The Secretary 
may make funds available to help defray the cost of imple-
menting methods to reduce the consequences of a terrorist 
attack to covered chemical facilities that are required by 
the Secretary to implement such methods. 
‘‘SEC. 2112. APPLICABILITY. 
‘‘This title shall not apply to— 
‘‘(1) any chemical facility that is owned and op-
erated by the Secretary of Defense; 
‘‘(2) the transportation in commerce, including 
incidental storage, of any substance of concern regu-
lated as a hazardous material under chapter 51 of 
title 49, United States Code; 
‘‘(3) all or a specified portion of any chemical 
facility that— 
‘‘(A) is subject to regulation by the Nu-
clear Regulatory Commission (hereinafter in 
this paragraph referred to as the ‘Commission’) 
or a State that has entered into an agreement 
with the Commission under section 274 b. of 
the Atomic Energy Act of 1954 (42 U.S.C. 
2021 b.); 
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‘‘(B) has had security controls imposed by 
the Commission or State, whichever has the 
regulatory authority, on the entire facility or 
the specified portion of the facility; and 
‘‘(C) has been designated by the Commis-
sion, after consultation with the State, if any, 
that regulates the facility, and the Secretary, as 
excluded from the application of this title; 
‘‘(4) any public water system subject to the 
Safe Drinking Water Act (42 U.S.C. 300f et seq.); 
or 
‘‘(5) any treatment works, as defined in section 
212 of the Federal Water Pollution Control Act (33 
U.S.C. 1292). 
‘‘SEC. 2113. SAVINGS CLAUSE. 
‘‘(a) IN GENERAL.—Nothing in this title shall affect 
or modify in any way any obligation 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 Re-
source Conservation and Recovery Act of 1976 (42 U.S.C. 
6901 et seq.), the National 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 National 
Labor Relations Act (29 U.S.C. 151 et seq.), the Emer-
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gency Planning and Community Right to Know Act of 
1986 (42 U.S.C. 11001 et seq.), the Safe Drinking Water 
Act (42 U.S.C. 300f et seq.), the Maritime Transportation 
Security Act of 2002 (Public Law 107–295), the Com-
prehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9601 et seq.), the Toxic 
Substances 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 any State or political 
subdivision thereof to adopt or enforce any regulation, re-
quirement, or standard of performance relating to environ-
mental 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 permitted under any other law or regulation. 
‘‘SEC. 2114. OFFICE OF CHEMICAL FACILITY SECURITY. 
‘‘(a) IN GENERAL.—There is established in the De-
partment an Office of Chemical Facility Security, headed 
by a Director, who shall be a member of the Senior Execu-
tive 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. 
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‘‘(b) PROFESSIONAL QUALIFICATIONS.—The indi-
vidual selected by the Secretary as the Director of the Of-
fice of Chemical Facility Security shall have professional 
qualifications and experience necessary for effectively di-
recting the Office of Chemical Facility Security and car-
rying out the requirements of this title, including a dem-
onstrated knowledge of physical infrastructure protection, 
cybersecurity, chemical facility security, hazard analysis, 
chemical process engineering, chemical process safety re-
views, or other such qualifications that the Secretary de-
termines to be necessary. 
‘‘(c)
SELECTION
PROCESS.—The
Secretary
shall 
make a reasonable effort to select an individual to serve 
as the Director from among a group of candidates that 
is diverse with respect to race, ethnicity, age, gender, and 
disability characteristics and submit to the Committee on 
Homeland Security and the Committee on Energy and 
Commerce of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Affairs 
of the Senate information on the selection process, includ-
ing details on efforts to assure diversity among the can-
didates considered for this position. 
‘‘(d) OUTREACH SUPPORT.— 
‘‘(1) POINT OF CONTACT.—The Secretary shall 
designate a point of contact for the Administrator of 
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