I 
108TH CONGRESS 
1ST SESSION H. R. 2901
To protect human health and the environment from the release of hazardous 
substances by acts of terrorism. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 25, 2003
Mr. FOSSELLA introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To protect human health and the environment from the 
release of hazardous substances by acts of terrorism.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Chemical Facility Se-
curity Act of 2003’’. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) Industries that manufacture, distribute, and 
process chemicals are crucial components of the na-
tional economy and the critical infrastructure of the 
United States—
(A) in their own right; and 
(B) because those industries supply re-
sources essential to the functioning of other 
critical infrastructure. 
(2) A terrorist attack on a facility that manu-
factures, processes, or uses potentially dangerous 
chemicals, or a theft of those chemicals from such 
a facility for use in a terrorist attack, could pose a 
serious threat to—
(A) public health, safety, and welfare; 
(B) critical infrastructure; and 
(C) national security. 
(3) While Federal, State, and local governments 
share primary responsibility for preventing, detect-
ing, and responding to terrorist attacks, the owners 
and operators of facilities that manufacture, process, 
or use potentially dangerous chemicals should take 
every reasonable effort to protect those facilities 
against the threat of such attacks. 
(4) While programs to protect the health and 
safety of workers, the public, and the environment 
by reducing the potential for accidental releases of 
potentially dangerous chemicals, including the con-
sequences of worst-case releases of those chemicals, 
are in place as required by numerous Federal and 
State laws, the events of September 11, 2001, dem-
onstrate the need to ensure that appropriate security 
measures are taken to address the threat of acts of 
terrorism against facilities that manufacture, use, or 
process potentially dangerous chemicals. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) CHEMICAL SOURCE.—The term ‘‘chemical 
source’’ means a stationary source as defined in sec-
tion 112(r)(2)(C) of the Clean Air Act (42 U.S.C. 
7412(r)(2)(C)) at which a substance of concern is 
present in more than a threshold quantity, as de-
fined in or established under paragraphs (3) and (5) 
of section 112(r) of the Clean Air Act (42 U.S.C. 
7412(r)), subject to the authority of the Secretary 
under section 5(f) to designate additional categories 
of stationary sources as chemical sources or to ex-
empt categories of existing chemical sources from 
such designation.
(3) DEPARTMENT.—The term ‘‘Department’’ 
means the Department of Homeland Security. 
(4) ENVIRONMENT.—The term ‘‘environment’’ 
has the meaning given the term in section 101 of the 
Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 9601). 
(5) OWNER OR OPERATOR.—The term ‘‘owner 
or operator’’ has the meaning given the term in sec-
tion 112(a) of the Clean Air Act (42 U.S.C. 
7412(a)). 
(6) RELEASE.—The term ‘‘release’’ has the 
meaning given the term in section 101 of the Com-
prehensive Environmental Response, Compensation, 
and Liability Act of 1980 (42 U.S.C. 9601). 
(7) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
(8) SECURITY MEASURE.—
(A) IN
GENERAL.—The term ‘‘security 
measure’’ means an action carried out to ensure 
or enhance the security of a chemical source. 
(B) INCLUSIONS.—The term ‘‘security 
measure’’, with respect to a chemical source, in-
cludes measures such as—
(i) employee training and background 
checks;
(ii) the limitation and prevention of 
access to controls of the chemical source; 
(iii) the protection of the perimeter of 
the chemical source; 
(iv) the installation and operation of 
intrusion detection sensors; 
(v) the implementation of measures to 
increase computer or computer network se-
curity; 
(vi) the implementation of other secu-
rity-related measures to protect against or 
reduce the threat of—
(I) a terrorist attack on the 
chemical source; or 
(II) the theft of a substance of 
concern for offsite release in further-
ance of an act of terrorism; and 
(vii) conduct of any similar security-
related activity, as determined by the Sec-
retary. 
(9) SUBSTANCE OF CONCERN.—The term ‘‘sub-
stance of concern’’ means a chemical substance 
present at a chemical source in more than a thresh-
old quantity, subject to the authority of the Sec-
retary under section 5(g) to designate new sub-
stances as substances of concern, exempt existing 
substances of concern from such designation, or ad-
just the threshold quantity for a substance of con-
cern. 
(10) TERRORISM.—The term ‘‘terrorism’’ has 
the meaning given the term in section 2 of the 
Homeland Security Act of 2002 (6 U.S.C. 101). 
(11) TERRORIST
RELEASE.—The term ‘‘ter-
rorist release’’ means—
(A) a release from a chemical source into 
the environment of a substance of concern that 
is caused by an act of terrorism; and 
(B) the theft of a substance of concern by 
a person for offsite release in furtherance of an 
act of terrorism. 
SEC. 4. DESIGNATION OF AND REQUIREMENTS FOR HIGH-
PRIORITY CATEGORIES. 
(a) DESIGNATION AND REGULATION OF HIGH-PRI-
ORITY CATEGORIES BY THE SECRETARY.—Not later than 
1 year after the date of enactment of this Act, the Sec-
retary, in consultation with the Administrator, shall pro-
mulgate regulations to designate certain combinations of 
chemical sources and substances of concern as high-pri-
ority categories based on the severity of the threat posed 
by a terrorist release from the chemical sources.
(b) FACTORS TO BE CONSIDERED.—In designating 
high-priority categories under subsection (a), the Sec-
retary, in consultation with the Administrator, shall con-
sider—
(1) the severity of the harm that could be 
caused by a terrorist release; 
(2) the proximity to population centers; 
(3) the threats to national security; 
(4) the threats to critical infrastructure; 
(5) the nature and quantity of substances of 
concern at a given facility; and 
(6) such other security-related factors as the 
Secretary, in consultation with the Administrator, 
determines to be appropriate. 
SEC. 5. VULNERABILITY ASSESSMENTS AND SITE SECURITY 
PLANS. 
(a) REQUIREMENT.—
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary 
shall promulgate regulations that require the owner 
or operator of each chemical source—
(A) to conduct an assessment of the vul-
nerability of the chemical source to a terrorist 
release, including identifying hazards that may 
result from a terrorist release;
(B) to prepare and implement a site secu-
rity plan that addresses the results of the vul-
nerability assessment; 
(C) in the case of a chemical source that 
is in a high-priority category under regulations 
under section 4, to provide to the Secretary a 
copy of the vulnerability assessment conducted 
under subparagraph (A) and the site security 
plan prepared under subparagraph (B); and 
(D) in the case of a chemical source that 
is not in a high-priority category under regula-
tions promulgated under section 4, to provide to 
the Department, on request, copies of the vul-
nerability assessment and site security plan for 
review. 
(2) DEADLINES.—
(A) IN
GENERAL.—The Secretary shall 
specify in regulations promulgated under para-
graph (1) specific deadlines for the completion 
and certification of vulnerability assessments 
and site security plans under subsection (b). 
(B) ALTERNATIVE DEADLINES.—The Sec-
retary may establish deadlines other than dead-
lines described in subparagraph (A) for dif-
ferent categories of chemical sources based on
the regulatory criteria specified in subsection 
(e). 
(3) CONTENTS
OF
SITE
SECURITY
PLAN.—A 
site security plan required under the regulations pro-
mulgated under paragraph (1)—
(A)(i) shall include security measures to 
reduce the vulnerability of the chemical source 
covered by the plan to a terrorist release; and 
(ii) may include other actions and proce-
dures appropriate to reduce the vulnerability of 
the chemical source to a terrorist release; and 
(B) shall describe, at a minimum, par-
ticular equipment, plans, and procedures that 
could be implemented or used by or at the 
chemical source in the event of a terrorist re-
lease. 
(4) THREAT INFORMATION.—To the maximum 
extent practicable under applicable authority and in 
the interests of national security, the Secretary shall 
provide to an owner or operator of a chemical source 
required to prepare a vulnerability assessment and 
site security plan threat information that is relevant 
to the chemical source.
(b) CERTIFICATION AND SUBMISSION.—
(1) IN GENERAL.—Each owner or operator of a 
chemical source shall certify in writing to the Sec-
retary that the owner or operator has completed a 
vulnerability assessment, and has developed and im-
plemented or is implementing a site security plan, in 
accordance with this Act, including—
(A) regulations promulgated under sub-
section (a)(1); and 
(B) any applicable procedures, protocols, 
or standards endorsed or recognized by the Sec-
retary under subsection (c)(2). 
(2) OVERSIGHT.—The Secretary shall, at such 
times and places as the Secretary determines to be 
appropriate, conduct or require the conduct of vul-
nerability assessments and other activities to ensure 
and evaluate compliance with—
(A) this Act (including regulations promul-
gated under subsection (a)(1)); and 
(B) other applicable procedures, protocols, 
or standards endorsed or recognized by the Sec-
retary under subsection (c)(2). 
(c) SPECIFIED STANDARDS.—
(1) IN GENERAL.—The Secretary may—
(A) establish procedures, protocols, and 
standards for vulnerability assessments and site 
security plans; 
(B) establish provisions identifying security 
measures that, if implemented, would establish 
the sufficiency of a vulnerability assessment or 
site security plan; and 
(C) require that a vulnerability assessment 
and site security plan address a particular 
threat or type of threat. 
(2) EXISTING PROCEDURES, PROTOCOLS, AND 
STANDARDS.—Upon petition by any person of the 
Secretary, any procedures, protocols, and standards 
established by the Secretary under paragraph (1)(A) 
shall endorse or recognize procedures, protocols, and 
standards—
(A) that are established by—
(i) industry; 
(ii) Federal, State, or local authori-
ties; or 
(iii) other applicable law; and 
(B) the requirements of which the Sec-
retary determines to be—
(i) substantially equivalent to the re-
quirements under subsection (a); and
(ii) in effect on or after the date of 
enactment of this Act. 
(3) NO ACTION BY SECRETARY.—If the Sec-
retary does not endorse or recognize existing proce-
dures, protocols, and standards described in para-
graph (2)(A), the Secretary shall provide to each 
person that submitted a petition under paragraph 
(2) a written notification that includes a clear expla-
nation of the reasons why the endorsement or rec-
ognition was not made. 
(d) PREPARATION OF ASSESSMENTS AND PLANS.—
As of the date of endorsement or recognition by the Sec-
retary of a particular procedure, protocol, or standard 
under subsection (c)(1)(A), any vulnerability assessment 
or site security plan that is prepared by a chemical source 
before, on, or after the date of endorsement or recognition 
of, and in accordance with, that procedure, protocol, or 
standard, shall be exempt from subsection (c) and para-
graphs (1) and (3) of subsection (a) (including such a vul-
nerability assessment or site security plan prepared before, 
on, or after the date of enactment of this Act). 
(e) REGULATORY CRITERIA.—In exercising the au-
thority under subsections (a) and (c) with respect to a 
chemical source, the Secretary shall consider—
(1) the likelihood that a chemical source will be 
the target of terrorism; 
(2) the nature and quantity of the substances 
of concern present at a chemical source; 
(3) the potential extent of death, injury, or seri-
ous adverse effects to human health or the environ-
ment that would result from a terrorist release; 
(4) the potential harm to critical infrastructure 
and national security from a terrorist release; 
(5) cost and technical feasibility; 
(6) scale of operations; and 
(7) such other security-related factors as the 
Secretary determines to be appropriate and nec-
essary to protect the public health and welfare, crit-
ical infrastructure, and national security. 
(f) DESIGNATION AND EXEMPTION OF CHEMICAL 
SOURCES.—
(1) IN
GENERAL.—The Secretary may, from 
time to time, by regulation—
(A) designate certain categories of sta-
tionary sources as chemical sources under this 
Act; or 
(B) exempt certain categories of stationary 
sources from designation as chemical sources,
without regard to whether a substance of concern is 
present at such sources in more than a threshold 
quantity. 
(2) CONSIDERATIONS.—In designating or ex-
empting a chemical source under paragraph (1), the 
Secretary shall consider the factors described in sub-
section (e). 
(3) REGULATIONS.—The Secretary may make a 
designation or exemption under paragraph (1) in 
regulations promulgated under subsection (a)(1). 
(4) FUTURE DETERMINATIONS.—Not later than 
3 years after the date of promulgation of regulations 
under subsections (a)(1) and (c), and every 3 years 
thereafter, the Secretary shall, after considering the 
criteria described in subsection (e), determine wheth-
er to designate or exempt particular categories of 
chemical sources under this subsection. 
(g) DESIGNATION, EXEMPTION, AND ADJUSTMENT 
OF THRESHOLD QUANTITIES OF SUBSTANCES OF CON-
CERN.—
(1) IN GENERAL.—The Secretary may, by regu-
lation—
(A) designate certain chemical substances 
in particular threshold quantities as substances 
of concern under this Act;
(B) exempt certain chemical substances 
from designation as substances of concern 
under this Act; and 
(C) adjust the threshold quantity of a 
chemical substance. 
(2) CONSIDERATIONS.—In designating or ex-
empting a chemical substance or adjusting the 
threshold quantity of a chemical substance under 
paragraph (1), the Secretary shall consider the po-
tential extent of death, injury, or serious adverse ef-
fects to human health or the environment that would 
result from a terrorist release of the chemical sub-
stance. 
(3) REGULATIONS.—The Secretary may make a 
designation, exemption, or adjustment under para-
graph (1) in regulations promulgated under sub-
section (a)(1). 
(h) 5-YEAR REVIEW.—Not later than 5 years after 
the date of certification of a vulnerability assessment and 
a site security plan under subsection (b)(1), and not less 
often than every 5 years thereafter (or on such a schedule 
as the Secretary may establish by regulation), the owner 
or operator of the chemical source covered by the vulner-
ability assessment or site security plan shall—
(1) review the adequacy of the vulnerability as-
sessment and site security plan; and 
(2)(A) certify to the Secretary that the chemical 
source has completed the review and implemented 
any modifications to the site security plan; and 
(B) upon request by the Secretary, submit to 
the Secretary a description of any changes to the 
vulnerability assessment or site security plan. 
(i) SUBMISSION OF CHANGES FOR HIGH-PRIORITY 
CHEMICAL SOURCES.—The owner or operator of a chem-
ical source that is in a high-priority category under regula-
tions under section 4 shall provide to the Secretary a de-
scription of any change made to the vulnerability assess-
ment or site security plan required for the chemical source 
under this section, by not later than 90 days after the 
date the change is made. 
(j) PROTECTION OF INFORMATION.—
(1) DISCLOSURE EXEMPTION.—All information 
obtained in accordance with this Act, and all infor-
mation derived from that information (including in-
formation shared with Federal, State, and local gov-
ernmental entities under paragraphs (2) and (3))—
(A) shall be exempt from disclosure 
under—
(i) section 552 of title 5, United 
States Code; and 
(ii) any State or local law providing 
for public access to information; and 
(B) shall not be subject to discovery or ad-
mitted into evidence in any Federal or State 
civil judicial or administrative proceeding, other 
than an action under section 10. 
(2) DEVELOPMENT OF PROTOCOLS.—
(A) IN GENERAL.—The Secretary, in con-
sultation with the Director of the Office of 
Management and Budget and appropriate Fed-
eral law enforcement and intelligence officials, 
and in a manner consistent with existing pro-
tections for sensitive or classified information, 
shall, by regulation, establish confidentiality 
protocols for maintenance and use of informa-
tion that is obtained from owners or operators 
of chemical sources and provided to the Sec-
retary under this Act. 
(B) REQUIREMENTS FOR PROTOCOLS.—A 
protocol established under subparagraph (A) 
shall ensure that—
(i) each copy of a vulnerability assess-
ment or site security plan submitted to the
graph, to the extent disclosure is necessary 
to carry out this Act. 
SEC. 6. ENFORCEMENT. 
(a) ACTION BY SECRETARY.—The Secretary may dis-
approve a vulnerability assessment or site security plan 
if the Secretary determines that—
(1) the vulnerability assessment or site security 
plan does not comply with regulations promulgated 
under subsections (a)(1) and (c) of section 5; or 
(2) the site security plan, or the implementation 
of the site security plan, is insufficient to address—
(A) the results of a vulnerability assess-
ment of a chemical source; or 
(B) a threat of a terrorist release. 
(b) COMPLIANCE.—If the Secretary disapproves a 
vulnerability assessment or site security plan of a chemical 
source under subsection (a), the Secretary shall—
(1) provide the owner or operator of the chem-
ical source a written notification of the determina-
tion that includes a clear explanation of deficiencies 
in the vulnerability assessment, site security plan, or 
implementation of the assessment or plan; 
(2) consult with the owner or operator of the 
chemical source to identify appropriate steps to 
achieve compliance; and
(3) if, following that consultation, the owner or 
operator of the chemical source does not achieve 
compliance in accordance by such date as the Sec-
retary determines to be appropriate under the cir-
cumstances, issue an order requiring the owner or 
operator to revise, recertify, and submit the assess-
ment or plan to correct deficiencies specified in the 
order. 
(c) PROTECTION OF INFORMATION.—Any determina-
tion of disapproval or order made or issued under this sec-
tion—
(1) shall be exempt from disclosure under—
(A) section 552 of title 5, United States 
Code; and 
(B) any State or local law providing for 
public access to information; and 
(2) shall not be subject to discovery or admitted 
into evidence in any Federal or State civil judicial or 
administrative proceeding, other than an action 
under section 10. 
SEC. 7. INTERAGENCY TECHNICAL SUPPORT AND CO-
OPERATION. 
The Secretary—
(1) may request other Federal agencies to pro-
vide technical and analytical support (other than 
field work) in implementing this Act; and 
(2) may provide reimbursement for such tech-
nical and analytical support received as the Sec-
retary determines to be appropriate. 
SEC. 8. RECORDKEEPING; SITE INSPECTIONS; PRODUCTION 
OF INFORMATION. 
(a) RECORDKEEPING.—The owner or operator of a 
chemical source that is required to prepare a vulnerability 
assessment or site security plan under section 5(a) shall 
maintain a current copy of those documents. 
(b) RIGHT OF ENTRY.—In carrying out this Act, the 
Secretary (or a designee), on presentation of credentials, 
shall have a right of entry to, on, or through—
(1) any premises of an owner or operator of a 
chemical source described in subsection (a); and 
(2) any premises on which any record required 
to be maintained under subsection (a) is located. 
(c) REQUESTS FOR RECORDS.—In carrying out this 
Act, the Secretary (or a designee) may require the submis-
sion of, or, on presentation of credentials, may at reason-
able times seek access to and copy—
(1) any records, reports, or other information 
described in subsection (a); and
(2) any other documentation necessary for—
(A) review or analysis of a vulnerability as-
sessment or site security plan; or 
(B) implementation of a site security plan. 
(d) COMPLIANCE.—If the Secretary determines that 
an owner or operator of a chemical source is not maintain-
ing, producing, or permitting access to records as required 
by this section, the Secretary may issue an order requiring 
compliance with the relevant provisions of this section. 
SEC. 9. INTEGRATION WITH OTHER AUTHORITIES. 
A chemical source that is required to prepare a facil-
ity vulnerability assessment and a facility security plan or 
emergency response plan under the provision of chapter 
701 of title 46, United States Code, or section 1433 of 
the Safe Drinking Water Act (42 U.S.C. 300i–2) shall not 
be subject to the requirements of this Act, unless the 
owner or operator petitions the Secretary to be subject to 
the requirements of this Act in lieu of those established 
by such provisions.
SEC. 10. PENALTIES. 
(a) JUDICIAL RELIEF.—Any owner or operator of a 
chemical source that violates or fails to comply with any 
order issued by the Secretary under this Act or a site secu-
rity plan submitted to the Secretary under this Act (or, 
in the case of an exemption described in section 5(d), a
procedure, protocol, or standard endorsed or recognized 
by the Secretary under section 5(c)) may, in a civil action 
brought in United States district court, be subject, for 
each day on which the violation occurs or the failure to 
comply continues, to—
(1) an order for injunctive relief; or 
(2) a civil penalty of not more than $50,000. 
(b) ADMINISTRATIVE PENALTIES.—
(1) PENALTY
ORDERS.—The Secretary may 
issue an administrative penalty of not more than 
$250,000 for failure to comply with an order issued 
by the Secretary under this Act. 
(2) NOTICE AND HEARING.—Before issuing an 
order described in paragraph (1), the Secretary shall 
provide to the person against which the penalty is to 
be assessed—
(A) written notice of the proposed order; 
and 
(B) the opportunity to request, not later 
than 30 days after the date on which the per-
son receives the notice, a hearing on the pro-
posed order. 
(3) PROCEDURES.—The Secretary may promul-
gate regulations outlining the procedures for admin-
istrative hearings and appropriate review, including 
necessary deadlines. 
(c) TREATMENT OF INFORMATION IN JUDICIAL PRO-
CEEDINGS.—Information submitted to or obtained by the 
Secretary, information derived from that information, and 
information submitted by the Secretary under this Act 
shall be treated in any judicial or administrative action 
as if the information were classified material.
SEC. 11. PROVISION OF TRAINING. 
The Secretary may provide training to State and local 
officials and owners and operators in furtherance of the 
purposes of this Act. 
SEC. 12. PROVISION OF ASSESSMENTS AND RESPONSE 
PLANS UNDER SAFE DRINKING WATER ACT. 
Section 1433 of the Safe Drinking Water Act (42 
U.S.C. 300i–2) is amended by adding at the end the fol-
lowing: 
‘‘(f) PROVISION OF ASSESSMENTS AND RESPONSE 
PLANS TO SECRETARY OF HOMELAND SECURITY.—Pur-
suant to section 202 of the Homeland Security Act of 
2002 (Public Law 107–296; 6 U.S.C. 122), the Adminis-
trator shall, upon request by the Secretary of Homeland 
Security, provide to the Secretary any vulnerability assess-
ment or emergency response plan received by the Adminis-
trator under this section.’’.
SEC. 13. NO EFFECT ON REQUIREMENTS UNDER OTHER 
LAW. 
Except as provided in section 5(j), section 6(c), sec-
tion 9, and section 12, nothing in this Act affects any duty 
or other requirement imposed under any other Federal or 
State law.
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