I 
109TH CONGRESS 
2D SESSION 
H. R. 4999 
To enhance security and protect against terrorist attacks at chemical facilities. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 16, 2006 
Mr. SHAYS (for himself and Mr. LANGEVIN) introduced the following bill; 
which was referred to the Committee on Homeland Security, and in addi-
tion to the Committee on Energy and Commerce, for a period to be sub-
sequently determined by the Speaker, in each case for consideration of 
such provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To enhance security and protect against terrorist attacks 
at chemical facilities. 
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 Anti- 
Terrorism Act of 2006’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) CHEMICAL SOURCE.—The term ‘‘chemical 
source’’ means a facility designated as a chemical 
source by the Secretary under section 3. 
(2) CRITICAL
INFRASTRUCTURE.—The term 
‘‘critical infrastructure’’ has the meaning given the 
term in section 2 of the Homeland Security Act of 
2002 (6 U.S.C. 101). 
(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) HIGHER RISK TIER.—The term ‘‘higher risk 
tier’’ means a tier designated by the Secretary as a 
higher risk tier under section 3(e)(3). 
(6) MTSA-REGULATED FACILITIES.—The term 
‘‘MTSA-regulated facility’’ means a facility subject 
to the security requirements under chapter 701 of 
title 46, United States Code (commonly known as 
the ‘‘Maritime Transportation Security Act’’). 
(7) OWNER OR OPERATOR.—The term ‘‘owner 
or operator’’ means any person who owns, leases, op-
erates, controls, or supervises a chemical source. 
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(8) 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). 
(9) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Homeland Security. 
(10) SECURITY MEASURE.— 
(A) IN
GENERAL.—The term ‘‘security 
measure’’ means an action to ensure or enhance 
the security of a chemical source against a ter-
rorist incident. 
(B) INCLUSIONS.—The term ‘‘security 
measure’’, with respect to a chemical source, in-
cludes measures such as— 
(i) employee training and background 
and identification authentication 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; 
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(vi) the implementation of other secu-
rity-related measures to ensure or enhance 
the security of a chemical source from a 
terrorist incident; 
(vii) the implementation of measures 
and controls to prevent, protect against, or 
reduce the consequences of a terrorist inci-
dent, including— 
(I) contingency and evacuation 
plans; 
(II) early warning systems; and 
(III) the relocation, hardening of 
the storage or containment, modifica-
tion, processing, substitution, or re-
duction of substances of concern; and 
(viii) the conduct of any similar secu-
rity-related activity, as determined by the 
Secretary. 
(11) SUBSTANCE
OF
CONCERN.—The term 
‘‘substance of concern’’ means— 
(A) a chemical substance present at a 
chemical source in quantities equal to or ex-
ceeding the threshold quantities for the chem-
ical substance, as defined in or established 
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under paragraphs (3) and (5) of section 112(r) 
of the Clean Air Act (42 U.S.C. 7412(r)); 
(B) ammonium nitrate, in a quantity to be 
determined by the Secretary by regulation; and 
(C) any other chemical substance des-
ignated as a substance of concern by the Sec-
retary under section 3(i) in quantities equal to 
or exceeding the threshold quantities estab-
lished under section 3(i), based on the potential 
extent of death, injury, or serious adverse ef-
fects to human health and safety or the envi-
ronment or the potential impact on national or 
economic security or critical infrastructure 
caused by a terrorist incident involving the 
chemical substance. 
(12) 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). 
(13) TERRORIST
INCIDENT.—The term ‘‘ter-
rorist incident’’ means— 
(A) a terrorist attack against a chemical 
source; 
(B) a release from a chemical source into 
the environment of a substance of concern that 
is caused by an act of terrorism; and 
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(C) the theft of a substance of concern by 
a person for off-site release in furtherance of an 
act of terrorism. 
SEC. 
3. 
DESIGNATION 
AND 
TIERING 
OF 
CHEMICAL 
SOURCES. 
(a) DESIGNATION.—Not later than 1 year after the 
date of enactment of this Act, the Secretary shall— 
(1) promulgate regulations establishing criteria 
for designating chemical sources by using the risk 
factors described in subsection (b) and by evaluating 
the types of facilities described in subsection (c) that 
shall be considered in designating chemical sources; 
and 
(2) designate chemical sources in existence as 
of that date. 
(b) RISK FACTORS TO BE CONSIDERED.—In estab-
lishing criteria under subsection (a)(1) for designating 
chemical sources, the Secretary shall consider— 
(1) the perceived threat to a facility, including 
a consideration of adversary capabilities and intent, 
preparedness, target attractiveness, and deterrence 
capabilities; 
(2) the potential extent and likelihood of death, 
injury, or serious adverse effects to human health 
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and safety or to the environment caused by a ter-
rorist incident at a facility; 
(3) the threats to or potential impact on na-
tional security or critical infrastructure caused by a 
terrorist incident at a facility; 
(4) the potential threats or harm to the econ-
omy that would result from a terrorist incident at a 
facility, including whether a facility is the sole sup-
plier, or the producer of a high percentage, of a 
product that is critical to the economy, the chemical 
industry, or national security; 
(5) the proximity of a facility to population cen-
ters; 
(6) the nature and quantity of substances of 
concern at a facility; and 
(7) such other security-related factors as the 
Secretary determines to be appropriate and nec-
essary to protect the public health and safety, crit-
ical infrastructure, and national and economic secu-
rity. 
(c) CRITERIA FOR FACILITIES.—In establishing cri-
teria under subsection (a)(1) for designating chemical 
sources, the Secretary shall— 
(1) consider any facility that is a stationary 
source (as defined in section 112(r)(2) of the Clean 
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Air Act (42 U.S.C. 7412(r)(2)) for which the owner 
or operator is required to complete a risk manage-
ment 
plan 
in 
accordance 
with 
section 
112(r)(7)(B)(ii) of the Clean Air Act (42 U.S.C. 
7412(r)(7)(B)(ii)); 
(2) consider any other facility that produces, 
uses, or stores a substance of concern; and 
(3) determine whether any additional facility 
(including, as of the date of the determination, any 
facility that is operational and any facility that will 
become operational in the future) shall be designated 
chemical sources under this Act. 
(d) EXCLUSIONS.—In designating facilities as chem-
ical sources, the Secretary shall not include any facility 
owned or operated by the Department of Defense or the 
Department of Energy. 
(e) TIERED SECURITY SYSTEM.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Secretary 
shall promulgate rules establishing a risk-based tier 
system of chemical sources that— 
(A) shall be based on the criteria estab-
lished by the Secretary under subsection (a)(1); 
(B) consists of several tiers of chemical 
sources; 
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(C) to the maximum extent practicable, en-
ables a chemical source to develop appropriate 
site-specific measures to meet the security per-
formance standards established under sub-
section (f) for the tier applicable to the chem-
ical source; and 
(D) provides guidance to the owner or op-
erator of a chemical source regarding the steps 
that would enable the chemical source to move 
to a lower risk tier, if the owner or operator 
seeks to move to a lower risk tier. 
(2) DETERMINATION OF TIER.—Not later than 
1 year after the date of enactment of this Act, the 
Secretary shall determine the tier applicable to each 
chemical source designated under subsection (a)(2). 
(3) HIGHER RISK TIERS.—The Secretary shall 
designate 1 or more tiers established under para-
graph (1) as higher risk tiers. 
(f) SECURITY PERFORMANCE STANDARDS.— 
(1) IN GENERAL.—The Secretary shall establish 
security performance standards appropriate to the 
risk-based tiers established under subsection (e). 
(2) CONTENTS.—The security performance 
standards established under paragraph (1) shall— 
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(A) set increasingly strict security require-
ments as the level of risk for the tier increases; 
(B) enable a chemical source to select se-
curity measures that, in combination, satisfy 
the security performance standards established 
by the Secretary; and 
(C) be based on the criteria in section 
4(a)(2). 
(3) GUIDANCE.— 
(A) IN
GENERAL.—The Secretary shall 
provide guidance to a chemical source regarding 
the types of security measures that, if applied, 
could satisfy the security performance stand-
ards. 
(B) ALTERNATE
MEASURES.—The owner 
or operator of a chemical source shall have 
flexibility to employ different security measures 
than those contained in the guidance described 
in subparagraph (A) if such measures satisfy 
the security performance standards established 
for the tier applicable to the chemical source. 
(g) NOTICE TO FACILITIES.—Not later than 180 
days after the date of enactment of this Act, the Secretary 
shall notify facilities that may be designated as chemical 
sources regarding the review of facilities and designation 
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of chemical sources to be conducted under this Act, includ-
ing the timeline for such review and designation. 
(h) SUBSEQUENT DETERMINATIONS.— 
(1) PERIODIC REVIEW OF DETERMINATIONS.— 
Not later than 3 years after the designation of 
chemical sources under subsection (a)(2), and every 
3 years thereafter, the Secretary shall, after consid-
ering the criteria established under subsection (a)(1) 
and the exclusions under subsection (d), determine 
whether to designate any additional facility as a 
chemical source or remove the designation of any 
particular facility as a chemical source. 
(2) OTHER REVIEW.—In addition to the peri-
odic review required under paragraph (1), the Sec-
retary may, after considering the criteria established 
under subsection (a)(1) and the exclusions under 
subsection (d), designate a facility as chemical 
source or remove the designation of any facility as 
a chemical source. 
(3) DUTY TO REPORT.— 
(A) 
FACILITIES
BECOMING
OPER-
ATIONAL.— 
(i) IN
GENERAL.—Each facility de-
scribed in clause (ii) shall file a petition 
with the Secretary for a determination on 
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