I 
109TH CONGRESS 
1ST SESSION H. R. 1562 
To protect human health and the environment from the release of hazardous 
substances by acts of terrorism. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 12, 2005 
Mr. FOSSELLA introduced the following bill; which was referred to the Com-
mittee on Homeland Security, and in addition to the Committee on En-
ergy and Commerce, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
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 2005’’. 
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 make 
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; or 
(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 that is not in a high-priority cat-
egory shall certify in writing to the Secretary that 
the owner or operator has completed a vulnerability 
assessment, and has developed and implemented 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