108 
Agency, and other persons, as appropriate, regard-
ing— 
(A) the designation of substances of con-
cern; 
(B) methods to reduce the consequences of 
a terrorist attack; 
(C) security at drinking water facilities 
and wastewater treatment works; 
(D) the treatment of protected informa-
tion; and 
(E) any other matters the Secretary deter-
mines necessary. 
(3) SENSE OF CONGRESS REGARDING CFATS.— 
It is the sense of Congress that— 
(A) the Secretary of Homeland Security 
was granted statutory authority under section 
550 of the Department of Homeland Security 
Appropriations Act, 2007 (6 U.S.C. 121 note) 
to regulate security practices at chemical facili-
ties until October 1, 2009; and 
(B) under section 550 of the Department 
of Homeland Security Appropriations Act, 2007 
(6 U.S.C. 121 note), the Secretary prescribed 
regulations known as the Chemical Facility 
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109 
Anti-Terrorism Standards (referred to in this 
section as ‘‘CFATS regulations’’). 
(4) 
INTERIM
USE
AND
AMENDMENT
OF 
CFATS.—Until the final rules issued under para-
graph (1) take effect, in carrying out title XXI of 
the Homeland Security Act of 2002, as added by 
subsection (a), the Secretary may, to the extent the 
Secretary determines appropriate— 
(A) continue to carry out the CFATS reg-
ulations, as in effect on the day before the date 
of enactment of this Act; 
(B) amend the CFATS regulations as may 
be necessary to ensure that the CFATS regula-
tions are consistent with this Act and the 
amendments made by this Act; and 
(C) continue using any tools developed for 
purposes of the CFATS regulations, including 
the list of substances of concern, usually re-
ferred to as ‘‘Appendix A’’, and the chemical se-
curity assessment tool (which includes facility 
registration, a top-screen questionnaire, a secu-
rity vulnerability assessment tool, a site security 
plan template, and a chemical vulnerability in-
formation repository). 
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110 
(5) UPDATE OF FACILITY PLANS ASSESSMENTS 
AND PLANS PREPARED UNDER CFATS.—The owner 
or operator of a covered chemical facility that, before 
the effective date of the final regulations issued 
under paragraph (1), submits a security vulner-
ability assessment or site security plan under the 
CFATS regulations, shall be required to update or 
amend the security vulnerability assessment and site 
security plan of the facility to reflect any additional 
requirements under this Act or the amendments 
made by this Act, according to a timeline established 
by the Secretary. 
(e) 
REVIEW
OF
DESIGNATION
OF
SODIUM 
FLUOROACETATE AS A SUBSTANCE OF CONCERN.—The 
Secretary of Homeland Security shall review the designa-
tion of sodium fluoroacetate as a substance of concern 
under section 2102(d) of the Homeland Security Act of 
2002, as added by subsection (a), by the earlier of— 
(1) the date of the first periodic review con-
ducted under section 2102(d) of the Homeland Se-
curity Act of 2002; and 
(2) the date that is 1 year after the date of en-
actment of this Act. 
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111 
SEC. 4. LIMITATION ON USE OF FUNDS TO APPROVE NON-
CONFORMING SITE SECURITY PLANS. 
(a) LIMITATION.—No Federal funds may be used by 
the Secretary of Homeland Security to approve a site secu-
rity plan for a chemical facility unless the facility meets 
or exceeds security standards and requirements to protect 
the facility against acts of terrorism established for such 
a facility by the State or local government for the area 
where the facility is located. 
(b) DEFINITIONS.—In this subsection, each of the 
terms ‘‘site security plan’’ and ‘‘chemical facility’’ has the 
meaning that the term has in section 550 of the Depart-
ment of Homeland Security Appropriations Act, 2007 
(Public Law 109–295; Stat. 1388), as in effect imme-
diately before the enactment of this Act. 
Æ 
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