sessment or site security plan submitted by a covered 
chemical facility under this title or the implementa-
tion of a site security plan by such a chemical facil-
ity, the Secretary shall provide the owner or operator 
of the covered chemical facility a written notification 
of the disapproval not later than 14 days after the 
date on which the Secretary disapproves such assess-
ment or plan, that— 
‘‘(A) includes a clear explanation of defi-
ciencies in the assessment, plan, or implementa-
tion of the plan; and 
‘‘(B) requires the owner or operator of the 
covered chemical facility to revise the assessment 
or plan to address any deficiencies and, by such 
date as the Secretary determines is appropriate, 
to submit to the Secretary the revised assessment 
or plan. 
‘‘(5) REPORTING.—The Secretary shall submit to 
the Committee on Homeland Security of the House of 
Representatives and the Committee on Homeland Se-
curity and Government Affairs of the Senate, on an 
annual basis, information on the number of instances 
during the year covered by the report where the Sec-
retary determined that the 180 day notification re-
quirement under paragraph (3) was impracticable. 
VerDate Mar 15 2010 
02:56 Jun 09, 2012
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6203
E:\BILLS\H901.RH
H901
tjames on DSK6SPTVN1PROD with BILLS
‘‘(e) ALTERNATIVE SECURITY PROGRAMS.—The Sec-
retary may approve any alternative security program es-
tablished by a private sector entity or Federal, State, or 
local authority, or under another applicable law, if the Sec-
retary determines that the requirements of such program 
meets the requirements of this title and any regulations 
issued or maintained pursuant to this title. 
‘‘(f) SECURITY BACKGROUND CHECKS.—In any per-
sonnel surety regulation issued by the Secretary pursuant 
to subsection (a), the Secretary shall include provisions on 
how an owner or operator of a covered chemical facility 
can meet, in whole or in part, the requirements set forth 
in such regulations by submitting— 
‘‘(1) information on an employee or individual 
holding a valid transportation security card issued 
under section 70105 of title 46, United States Code; 
‘‘(2) an alternate security background check con-
ducted by a private sector entity, including the owner 
and operator of a covered chemical facility and a 
non-profit personnel surety accrediting organization; 
and 
‘‘(3) an alternate security background check con-
ducted under another applicable law. 
‘‘(g) TECHNICAL
ASSISTANCE
TO
SMALL
BUSI-
NESSES.—The Secretary shall provide technical assistance 
VerDate Mar 15 2010 
02:56 Jun 09, 2012
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6203
E:\BILLS\H901.RH
H901
tjames on DSK6SPTVN1PROD with BILLS
to any owner or operator of a covered chemical facility who 
requests such assistance to prepare a security vulnerability 
assessment or site security plan required under this title 
or by the regulations required by subsection (a), if the cov-
ered chemical facility is a small business concern, under 
the meaning given that term in section 3 of the Small Busi-
ness Act (15 U.S.C. 632). 
‘‘SEC. 2102. INFORMATION PROTECTION. 
‘‘(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, information developed pursuant to this title, 
or pursuant to the regulations required by section 2101(a), 
including vulnerability assessments, site security plans, 
and other security related information, records, and docu-
ments shall be given protections from public disclosure con-
sistent with similar information developed by chemical fa-
cilities subject to regulation under section 70103 of title 46, 
United States Code. 
‘‘(b) SHARING OF INFORMATION.— 
‘‘(1) STATE
AND
LOCAL
GOVERNMENTS.—This 
section does not prohibit the sharing of such informa-
tion, as the Secretary determines appropriate, with 
State and local government officials possessing the 
appropriate security clearances, including emergency 
response providers, for the purpose of carrying out 
VerDate Mar 15 2010 
02:56 Jun 09, 2012
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6203
E:\BILLS\H901.RH
H901
tjames on DSK6SPTVN1PROD with BILLS
this title, as long as such information may not be dis-
closed pursuant to any State or local law. 
‘‘(2) CONGRESS.—Nothing in this title shall per-
mit or authorize the withholding of information from 
Congress or any committee or subcommittee thereof. 
‘‘(c) ADMINISTRATIVE AND JUDICIAL PROCEEDINGS.— 
In any proceeding to enforce this title, vulnerability assess-
ments, site security plans, and other information submitted 
to or obtained by the Secretary under this title, and related 
vulnerability or security information, shall be treated as 
if the information were classified material. 
‘‘SEC. 2103. ENFORCEMENT. 
‘‘(a) IN GENERAL.—The Secretary shall audit and in-
spect chemical facilities subject to regulation under this title 
for the purposes of determining compliance with this title 
and the regulations required by section 2101(a). 
‘‘(b) ORDERS FOR COMPLIANCE.—If the Secretary de-
termines that a chemical facility is not in compliance with 
this title or the regulations required by section 2101(a), the 
Secretary shall provide the owner or operator of the facility 
with written notification (including a clear explanation of 
deficiencies in the vulnerability assessment and site security 
plan) and an opportunity for consultation, and issue an 
order to comply by such date as the Secretary determines 
to be appropriate under the circumstances. 
VerDate Mar 15 2010 
02:56 Jun 09, 2012
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6203
E:\BILLS\H901.RH
H901
tjames on DSK6SPTVN1PROD with BILLS
‘‘(c) CIVIL PENALTIES.—Any person who violates an 
order issued under this title shall be liable for a civil pen-
alty under section 70119(a) of title 46, United States Code. 
‘‘(d) ORDER TO CEASE OPERATION.—If the owner or 
operator of a chemical facility subject to regulation under 
this title continues to be in noncompliance, the Secretary 
may issue an order for the facility to cease operation until 
the owner or operator complies with the order. 
‘‘(e) EXCEPTION.—Nothing in this title confers upon 
any person except the Secretary a right of action against 
an owner or operator of a chemical facility to enforce any 
provision of this title. 
‘‘SEC. 2104. JOBS IMPACT. 
‘‘Not later than one year after the date of the enact-
ment of this title, and annually thereafter, the Secretary 
shall submit to the Committee on Homeland Security of the 
House of Representatives and the Committee on Homeland 
Security and Governmental Affairs of the Senate a report 
that, at a minimum, includes— 
‘‘(1) an estimate of the potential jobs created or 
lost within the private sector as a result of the regula-
tions required under section 2101 of this title; and 
‘‘(2) information on feedback received from own-
ers and operators of covered chemical facilities about 
how the regulations required under section 2101 of 
VerDate Mar 15 2010 
02:56 Jun 09, 2012
Jkt 019200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6203
E:\BILLS\H901.RH
H901
tjames on DSK6SPTVN1PROD with BILLS
this title could be revised to spur potential job cre-
ation or stem job losses. 
‘‘SEC. 2105. SCOPE. 
‘‘Nothing in this title shall be construed to supersede, 
amend, alter, or affect any Federal law that regulates the 
manufacture, distribution in commerce, use, sale, other 
treatment, or disposal of chemical substances or mixtures. 
‘‘SEC. 2106. PREEMPTION. 
‘‘This title shall not preclude or deny any right of any 
State or political subdivision thereof to adopt or enforce any 
regulation, requirement, or standard of performance with 
respect to chemical facility security that is more stringent 
than a regulation, requirement, or standard of performance 
required under this title, or otherwise impair any right or 
jurisdiction of any State with respect to chemical facilities 
within that State, unless there is an actual conflict between 
this title and the law of that State. 
‘‘SEC. 2107. TERMINATION. 
‘‘The authority provided by this title shall terminate 
on September 30, 2018. 
‘‘SEC. 2108. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There is authorized to be appropriated to the Sec-
retary to carry out this title $89,928,000 for each of fiscal 
years 2012 through 2018.’’. 
VerDate Mar 15 2010 
02:56 Jun 09, 2012
Jkt 019200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6203
E:\BILLS\H901.RH
H901
tjames on DSK6SPTVN1PROD with BILLS
(b) TABLE OF CONTENTS.—The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 
101 et seq.) is amended by adding at the end the following 
new items: 
‘‘TITLE XXI—CHEMICAL FACILITY ANTI-TERRORISM SECURITY 
REGULATIONS 
‘‘Sec. 2101. Chemical facility anti-terrorism security regulations. 
‘‘Sec. 2102. Information protection. 
‘‘Sec. 2103. Enforcement. 
‘‘Sec. 2104. Jobs Impact. 
‘‘Sec. 2105. Scope. 
‘‘Sec. 2106. Preemption. 
‘‘Sec. 2107. Termination. 
‘‘Sec. 2108. Authorization of appropriations.’’. 
SEC. 3. CONFORMING REPEAL. 
(a) REPEAL.—The Department of Homeland Security 
Appropriations Act, 2007 (Public Law 109–295) is amend-
ed by striking section 550. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on the date of the enactment 
of this Act. 
SEC. 4. HARMONIZATION. 
Not later than 180 days after the date of the enactment 
of this Act, the Secretary of Homeland Security shall sub-
mit to Committee on Homeland Security of the House of 
Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate a report on the extent 
to which the security requirements under title XXI of the 
Homeland Security Act of 2002, as added by this Act, have 
been harmonized with the security requirements for facili-
VerDate Mar 15 2010 
02:56 Jun 09, 2012
Jkt 019200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6203
E:\BILLS\H901.RH
H901
tjames on DSK6SPTVN1PROD with BILLS
ties regulated under chapter 701 of title 46, United States 
Code. 
VerDate Mar 15 2010 
02:56 Jun 09, 2012
Jkt 019200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6203
E:\BILLS\H901.RH
H901
tjames on DSK6SPTVN1PROD with BILLS
Union Calendar No. 368 
112TH CONGRESS 
2D SESSION 
H. R. 901 
[Report No. 112–224, Part I] 
A BILL 
To amend the Homeland Security Act of 2002 to 
codify the requirement that the Secretary of 
Homeland Security maintain chemical facility 
anti-terrorism security regulations. 
JUNE 8, 2012 
The Committee on Energy and Commerce discharged; 
committed to the Committee of the Whole House on 
the State of the Union and ordered to be printed 
VerDate Mar 15 2010 
02:56 Jun 09, 2012
Jkt 019200
PO 00000
Frm 00014
Fmt 6651
Sfmt 6651
E:\BILLS\H901.RH
H901
tjames on DSK6SPTVN1PROD with BILLS