180 
‘‘(5) uses, as appropriate, government training 
facilities, courses provided by community colleges, 
public safety academies, State and private univer-
sities, and other facilities; 
‘‘(6) is consistent with, and supports implemen-
tation of, the National Incident Management System, 
the National Response Framework, the National In-
frastructure Protection Plan, the National Prepared-
ness Guidance, the National Preparedness Goal, the 
National Maritime Transportation Security Plan, 
and other such national initiatives, and any succes-
sors thereto; 
‘‘(7) is evaluated against clear and consistent 
performance measures; 
‘‘(8) addresses security requirements under chem-
ical facility security plans; and 
‘‘(9) educates, trains, and involves individuals in 
neighborhoods around chemical facilities on how to 
observe and report security risks. 
‘‘SEC. 2103. CHEMICAL SECURITY EXERCISE PROGRAM. 
‘‘(a) IN GENERAL.—Acting through the Administrator 
of the Federal Emergency Management Agency and in co-
ordination with Under Secretary for National Protection 
and Programs, the Secretary shall develop a voluntary 
chemical security exercise program (referred to in this sec-
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181 
tion as the ‘exercise program’) for the purpose of offering 
voluntary testing and evaluation of the capabilities of the 
Federal Government, State governments, commercial per-
sonnel and management, governmental and nongovern-
mental emergency response providers, the private sector, or 
any other organization or entity, as the Secretary deter-
mines to be appropriate, to prevent, prepare for, mitigate 
against, respond to, and recover from acts of terrorism, nat-
ural disasters, and other emergencies at chemical facilities. 
‘‘(b) REQUIREMENTS.—Under the exercise program, 
the Secretary shall conduct, on a periodic basis, voluntary 
joint security exercises at chemical facilities that are— 
‘‘(1) scaled and tailored to the needs of each 
chemical facility; 
‘‘(2) for the highest risk chemical facilities, as de-
termined by the Secretary, live training exercises; 
‘‘(3) as realistic as practicable and based on cur-
rent risk assessments, including credible threats, 
vulnerabilities, and consequences; 
‘‘(4) consistent with the National Incident Man-
agement System, the National Response Framework, 
the National Infrastructure Protection Plan, the Na-
tional Preparedness Guidance, the National Pre-
paredness Goal, the National Maritime Transpor-
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182 
tation Security Plan, and other such national initia-
tives, and any successors thereto; 
‘‘(5) evaluated against clear and consistent per-
formance measures; 
‘‘(6) assessed to learn best practices, which shall 
be shared with appropriate Federal, State, and local 
officials, commercial personnel and management, gov-
ernmental and nongovernmental emergency response 
providers, and the private sector; 
‘‘(7) followed by remedial action in response to 
lessons learned; and 
‘‘(8) designed to assist State and local govern-
ments and chemical facilities in designing, imple-
menting, and evaluating exercises that— 
‘‘(A) conform to the requirements of this 
paragraph; and 
‘‘(B) are consistent with any applicable 
Buffer Zone Protection Plan, State homeland se-
curity plan, or urban area homeland security 
plan. 
‘‘SEC. 2104. VOLUNTARY TECHNICAL ASSISTANCE PRO-
GRAM. 
‘‘(a) ESTABLISHMENT.—The Secretary, acting through 
the Assistant Secretary for Infrastructure Protection, in co-
ordination with the Under Secretary for Science and Tech-
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183 
nology, and in consultation with the Board, shall establish 
a voluntary technical assistance program under which, 
upon request by the owner or operator of a covered chemical 
facility, and subject to the availability of resources at the 
Department, the Secretary may provide nonbinding assist-
ance or recommendations to the owner or operator to— 
‘‘(1) reduce the risk or consequences associated 
with a successful act of terrorism against a covered 
chemical facility, including the reduction of risk or 
consequences— 
‘‘(A) sufficient to decrease the risk-based tier 
assigned to the covered chemical facility under 
the Chemical Facility Anti-Terrorism Standards; 
or 
‘‘(B) such that the covered chemical facility 
no longer presents a high level of security risk; 
or 
‘‘(2) aid in compliance with the risk based per-
formance standards applicable to the covered chemical 
facility under the Chemical Facility Anti-Terrorism 
Standards. 
‘‘(b) VOLUNTARY NATURE OF ASSISTANCE.— 
‘‘(1) IN GENERAL.—The decision to— 
‘‘(A) participate in the voluntary technical 
assistance program under this section; or 
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184 
‘‘(B) implement any assistance or rec-
ommendations provided by the Secretary under 
this section, 
shall be at the sole discretion of the owner or operator 
of a covered chemical facility. 
‘‘(2) NO
REQUIRED
ASSESSMENT.—The Sec-
retary may not require the owner or operator of a 
covered chemical facility to— 
‘‘(A) consider any assistance or rec-
ommendation provided under this section as part 
of a security vulnerability assessment under the 
Chemical Facility Anti-Terrorism Standards; or 
‘‘(B) assess, directly or indirectly, the costs, 
benefits, economic or technical feasibility, or 
practicality of implementing any assistance or 
recommendation provided under this section. 
‘‘(3) SITE SECURITY PLAN REVIEW.—If the site 
security plan for a covered chemical facility satisfies 
the risk-based performance standards applicable to the 
covered chemical facility under the Chemical Facility 
Anti-Terrorism Standards, the Secretary may not 
disapprove the site security plan based on— 
‘‘(A) a decision by the owner or operator of 
a covered chemical facility not to— 
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185 
‘‘(i) participate in the voluntary tech-
nical assistance program under this section; 
or 
‘‘(ii) implement assistance or a rec-
ommendation provided by the Secretary 
under this section; or 
‘‘(B) the presence or absence of a particular 
security measure. 
‘‘(4) EFFECT ON TIERING.—At the request of the 
owner or operator of a covered chemical facility, the 
Secretary shall advise the owner or operator of the 
overall effect that implementing all categories of as-
sistance or recommendations provided by the Sec-
retary under this section would have on the deter-
mination by the Secretary— 
‘‘(A) of the placement of the covered chem-
ical facility in a risk-based tier under the Chem-
ical Facility Anti-Terrorism Standards; or 
‘‘(B) regarding whether the covered chemical 
facility would no longer present a high level of 
security risk. 
‘‘(5) CIVIL LIABILITY.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), no action, or failure to act, by the 
owner or operator of a covered chemical facility 
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186 
relating to assistance or a recommendation pro-
vided by the Secretary under this section shall be 
interpreted, construed, implied, or applied to 
create any liability or cause of action for com-
pensation for bodily injury, any other injury, or 
property damage to any person that may result 
from an act of terrorism or incident at the cov-
ered chemical facility. 
‘‘(B) ADDITIONAL OR INTERVENING ACTS OR 
OMISSIONS.—Subparagraph (A) shall not apply 
to any injury or damage caused by any addi-
tional or intervening act or omission of the 
owner or operator of a covered chemical facility. 
‘‘(C) RULE OF CONSTRUCTION.—Except as 
provided in this section, nothing in subpara-
graph (A) shall be construed to abrogate or limit 
any right, remedy, or authority that the Federal 
Government, any State or local government, or 
any entity or agency of the Federal Government 
or a State or local government may possess 
under any other provision of law. 
‘‘(c) BEST PRACTICES.—Subject to subsection (d), the 
Secretary shall develop a repository for information and 
data on best practices and cost-effective technologies for im-
plementing the Chemical Facility Anti-Terrorism Stand-
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187 
ards and the voluntary technical assistance program under 
this section. 
‘‘(d) INFORMATION PROTECTION.—Any information 
obtained by the Secretary under the voluntary technical as-
sistance program under this section or for purposes of sub-
section (c) shall— 
‘‘(1) to the extent that the information may re-
veal vulnerabilities or other details of the security ca-
pabilities of a covered chemical facility that may be 
exploited by terrorists, be protected as chemical-ter-
rorism vulnerability information under the Chemical 
Facility Anti-Terrorism Standards; and 
‘‘(2) to the extent that the information may re-
veal trade secrets or commercial or financial informa-
tion that is not customarily in the public domain, be 
protected as though the information was voluntarily 
shared critical infrastructure information under sec-
tion 214, except that the requirement under section 
214 that the information be voluntarily submitted, in-
cluding the requirement for an express statement spec-
ified in section 214(a)(2), shall not apply to informa-
tion obtained under this section. 
‘‘(e) REPORT ON LESSONS LEARNED.—Not later than 
October 4, 2013, the Secretary, in coordination with the 
Board, shall submit to the Committee on Homeland Secu-
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188 
rity and Governmental Affairs of the Senate and the Com-
mittee on Homeland Security of the House of Representa-
tives a report regarding lessons learned from the voluntary 
technical assistance program under this section. 
‘‘(f) AVAILABILITY
OF
APPROPRIATIONS.—Of the 
amounts made available for the Chemical Facility Anti- 
Terrorism Standards for each of fiscal years 2011 through 
2015, not less than $5,000,000 shall be made available for 
the provision of voluntary technical assistance under this 
section. 
‘‘SEC. 2105. CHEMICAL FACILITY SECURITY ADVISORY 
BOARD. 
‘‘(a) ESTABLISHMENT.—Not later than 90 days after 
the date of enactment of this section, the Secretary shall 
establish under section 871 a Chemical Facility Security 
Advisory Board. 
‘‘(b) RESPONSIBILITIES.—The Board shall advise the 
Secretary on the implementation of the Chemical Facility 
Anti-Terrorism Standards, including regarding the imple-
mentation of the voluntary technical assistance program 
under section 2103. 
‘‘(c) MEMBERSHIP.—There shall be 9 members of the 
Board, who shall be appointed by the Secretary and shall 
represent a geographic and substantive cross-section of the 
United States, including— 
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189 
‘‘(1) not less than 5 owners or operators of cov-
ered chemical facilities; 
‘‘(2) not less than 2 employees of covered chem-
ical facilities with direct responsibility for process de-
sign and engineering, production and operations, or 
chemical process security, and 
‘‘(3) not less than 2 other experts in the fields of 
chemistry, security, process design and engineering, 
process controls and instrumentation, environmental 
health and safety, maintenance, production and oper-
ations, or chemical process security. 
‘‘(d) TERM.—The members of the Board shall be ap-
pointed for such terms as the Secretary may determine. 
‘‘(e) APPLICABILITY
OF FEDERAL ADVISORY COM-
MITTEE ACT.—The Federal Advisory Committee Act (5 
U.S.C. App.) shall apply to the Board. 
‘‘SEC. 2106. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated to the Sec-
retary such sums as are necessary to carry out this title.’’. 
(2) 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 inserting after 
the item relating to section 2022 the following: 
‘‘TITLE XXI—CHEMICAL FACILITY SECURITY 
‘‘Sec. 2101. Definitions. 
‘‘Sec. 2102. Chemical security training program. 
‘‘Sec. 2103. Chemical security exercise program. 
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‘‘Sec. 2104. Voluntary technical assistance program. 
‘‘Sec. 2105. Chemical Facility Security Advisory Board. 
‘‘Sec. 2106. Authorization of appropriations.’’. 
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Amend the title so as to read: ‘‘An Act to extend the 
chemical facility security program of the Department of 
Homeland Security, and for other purposes.’’. 
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Calendar No. 700 
111TH CONGRESS 
2D SESSION 
H. R. 2868 
[Report No. 111–370] 
AN ACT 
To amend the Homeland Security Act of 2002 to 
enhance security and protect against acts of ter-
rorism against chemical facilities, to amend the 
Safe Drinking Water Act to enhance the security 
of public water systems, and to amend the Fed-
eral Water Pollution Control Act to enhance the 
security of wastewater treatment works, and for 
other purposes. 
DECEMBER 16, 2010 
Reported with an amendment and an amendment to the 
title 
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