the employee, due to such rule, regulation, directive, 
or guidance that is consistent with the appeals and 
waiver processes established for applicants for com-
mercial motor vehicle hazardous materials endorse-
ments and transportation workers at ports, as re-
quired by section 70105(c) of title 46, United States 
Code, including all rights to hearings before an ad-
ministration law judge, scope of review, a review of 
an unclassified summary of classified evidence equiv-
alent to the summary provided in part 1515 of title 
49, Code of Federal Regulations, and procedures for 
new evidence for both appeals and waiver decisions; 
‘‘(2) have the authority to order an appropriate 
remedy, including reinstatement of the covered indi-
vidual, should the Secretary determine that a cov-
ered chemical facility wrongfully made an adverse 
employment decision regarding a covered individual 
pursuant to such rule, regulation, directive, or guid-
ance; 
‘‘(3) ensure that the redress process required 
under this subsection affords to the covered indi-
vidual a full disclosure of any public-record event 
covered by subsection (b) that provides the basis for 
an adverse employment decision; and 
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‘‘(4) ensure that covered individual receives the 
individual’s full wages and benefits until all appeals 
and waiver procedures are exhausted. 
‘‘(d) FALSE STATEMENTS.— 
‘‘(1) IN GENERAL.—A covered chemical facility 
may not knowingly misrepresent to an employee or 
other relevant person, including an arbiter involved 
in a labor arbitration, the scope, application, or 
meaning of any rules, regulations, directives, or 
guidance issued by the Secretary related to security 
background check requirements for covered individ-
uals when conducting a security background check 
under this section. 
‘‘(2) DEADLINE FOR REGULATIONS.—Not later 
than 1 year after the date of enactment of the 
Chemical Facility Anti-Terrorism Act of 2008, the 
Secretary shall issue a regulation that prohibits a 
covered chemical facility from knowingly misrepre-
senting to an employee or other relevant person, in-
cluding an arbiter involved in a labor arbitration, the 
scope, application, or meaning of any rules, regula-
tions, directives, or guidance issued by the Secretary 
related to security background check requirements 
for covered individuals when conducting a security 
background check. 
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‘‘(e) RESTRICTIONS ON USE AND MAINTENANCE OF 
INFORMATION.—Information obtained under this section 
by the Secretary or a covered chemical facility that is an 
employer of a covered individual shall be handled as fol-
lows: 
‘‘(1) Such information may not be made avail-
able to the public. 
‘‘(2) Such information may not be accessed by 
employees of the facility except for such employees 
who are directly involved with collecting the informa-
tion or conducting or evaluating security background 
checks. 
‘‘(3) Such information shall be maintained con-
fidentially by facility and the Secretary and may be 
used only for making determinations under this sec-
tion. 
‘‘(4) The Secretary may share such information 
with other Federal law enforcement agencies. 
‘‘(f) RIGHTS AND RESPONSIBILITIES.—Nothing in 
the section shall be construed to abridge any right or re-
sponsibility of a covered individual or covered chemical fa-
cility under any other Federal, State, local, or tribal law 
or collective bargaining agreement. 
‘‘(g) NO PREEMPTION
OF FEDERAL
OR STATE 
LAW.—Nothing in this section shall be construed to pre-
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empt a Federal, State, local, or tribal law that requires 
criminal history background checks, checks on the author-
ization of an individual to work in the United States, or 
other background checks of covered individuals. 
‘‘(h) DEFINITION
OF
SECURITY
BACKGROUND 
CHECK.—The term ‘security background check’ means a 
review at no cost to any covered individual of the following 
for the purpose of identifying individuals who may pose 
a threat to chemical facility security, to national security, 
or of terrorism. 
‘‘(1) Relevant databases to verify and validate 
identity. 
‘‘(2) Relevant criminal history databases. 
‘‘(3) In the case of an alien (as defined in sec-
tion 101 of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(3))), the relevant data bases to de-
termine the status of the alien under the immigra-
tion laws of the United States. 
‘‘(4) Relevant databases to identify terrorists or 
people with known ties to terrorists. 
‘‘(5) Other relevant information or data bases, 
as determined by the Secretary. 
‘‘(i) INCLUDED INDIVIDUALS.—The Secretary shall 
require any individual at a covered chemical facility or as-
sociated with a covered chemical facility who is provided 
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a copy of a security vulnerability assessment or site secu-
rity plan to be subjected to a security background check. 
‘‘(j) SAVINGS CLAUSE.—Nothing in this section shall 
be construed as creating any new right or modifying any 
existing right of an individual to appeal a determination 
by the Secretary as a result of a check against a terrorist 
watch list. 
‘‘SEC. 2115. NATIONAL CHEMICAL SECURITY CENTER OF 
EXCELLENCE. 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish a National Chemical Security Center of Excel-
lence to conduct research and education and to de-
velop technologies to lower the overall risk of ter-
rorist chemical attack, including technologies or 
practices to decrease threats, vulnerabilities, and 
consequences in order to ensure the security of 
chemical facilities. 
‘‘(2) ADDITIONAL
REQUIREMENTS.—In estab-
lishing the National Chemical Security Center of Ex-
cellence under paragraph (1), or in reorganizing any 
other chemical, biological, or agricultural Center of 
Excellence established before the date of enactment 
of the Chemical Facility Anti-Terrorism Act of 
2008, the Secretary shall— 
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‘‘(A) recognize the unique scientific, tech-
nical, and funding requirements of the chem-
ical, biological, and agricultural fields with re-
spect to the mission of the Department of 
Homeland Security; and 
‘‘(B) maintain the National Chemical Se-
curity Center of Excellence and any such other 
chemical, biological, or agricultural Center of 
Excellence as a distinct entity with respect to 
organization and funding. 
‘‘(b) DESIGNATION
OF LEAD INSTITUTION.—The 
Secretary shall select at least one of the institutions identi-
fied in subsection (c) as the lead institution responsible 
for coordinating the National Chemical Security Center of 
Excellence. Any member institution that is part of the con-
sortium under subsection (c) may serve as a lead institu-
tion for the Center. 
‘‘(c) MEMBER INSTITUTIONS; CONSORTIUM.— 
‘‘(1) CONSORTIUM.—The lead institution se-
lected under subsection (b) shall execute agreements 
with the other institutions of higher education iden-
tified in this subsection and other institutions des-
ignated by the Secretary to develop a consortium to 
assist in accomplishing the goals of the Center. 
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vide funding for methods to reduce the consequences 
of a terrorist attack pursuant to section 2110(e); 
‘‘(2) $300,000,000 for fiscal year 2011, of 
which $75,000,000 shall be made available to pro-
vide funding for methods to reduce the consequences 
of a terrorist attack pursuant to section 2110(e); 
and 
‘‘(3) $275,000,000 for fiscal year 2012, of 
which $50,000,000 shall be made available to pro-
vide funding for methods to reduce the consequences 
of a terrorist attack pursuant to section 2110(e).’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by adding at the 
end the following: 
‘‘TITLE XXI—REGULATION OF SECURITY PRACTICES AT 
CHEMICAL FACILITIES 
‘‘Sec. 2101. Definitions. 
‘‘Sec. 2102. Risk-based designation and ranking of chemical facilities. 
‘‘Sec. 2103. Security vulnerability assessments and site security plans. 
‘‘Sec. 2104. Record keeping; site inspections. 
‘‘Sec. 2105. Enforcement. 
‘‘Sec. 2106. Penalties. 
‘‘Sec. 2107. Federal preemption. 
‘‘Sec. 2108. Protection of information. 
‘‘Sec. 2109. Certification by third-party entities. 
‘‘Sec. 2110. Methods to reduce the consequences of a terrorist attack. 
‘‘Sec. 2111. Applicability. 
‘‘Sec. 2112. Savings clause. 
‘‘Sec. 2113. Office of Chemical Facility Security. 
‘‘Sec. 2114. Security background checks of covered individuals at certain chem-
ical facilities. 
‘‘Sec. 2114. National chemical security center of excellence. 
‘‘Sec. 2115. Authorization of appropriations.’’. 
(c) CONFORMING REPEAL.— 
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(1) REPEAL.—The Department of Homeland 
Security Appropriations Act, 2007 (Public Law 
109–295) is amended by striking section 550. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect on October 1, 
2009. 
(d) REGULATIONS.—In carrying out the require-
ments of title XXI of the Homeland Security Act of 2002, 
as added by subsection (a), the Secretary may, to the ex-
tent that the Secretary determines is appropriate, use any 
of the regulations known as CFATS regulations, as in ef-
fect immediately before the enactment of this Act, that 
the Secretary determines carry out such requirements. 
(e) COMPLIANCE WITH PREEXISTING TIMELINES.— 
In the case of a chemical facility that is required to submit 
a security vulnerability assessment and site security plan 
under section 2103 of the Homeland Security Act of 2002, 
as added by subsection (a), and that, as of the date of 
the enactment of this Act, is subject to the regulations 
known as CFATS regulations, as in effect immediately be-
fore the date of the enactment of this Act, the Secretary 
may require the facility to adhere to any timelines applica-
ble under such regulations instead of any applicable 
timeline under subsection (i) of that section. 
(f) DEADLINES.— 
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(1) DEADLINE
FOR
ISSUING
CERTAIN
GUID-
ANCE.—Not later than October 1, 2009, the Sec-
retary of Homeland Security shall update any guid-
ance, recommendations, suggested action items, or 
any other widely disseminated voluntary action item 
relating to performing a security background check 
(as such term is defined in section 2114(g) of the 
Homeland Security Act of 2002, as added by sub-
section (a)) of a covered individual (as that term is 
defined in section 2101(5) of such Act, as so added) 
that was issued to a covered chemical facility (as 
that term is defined in section 2101(6) of such Act, 
as so added) prior to that date to ensure that such 
guidance, recommendations, suggested action items 
or other widely disseminated voluntary action item is 
compliance with section 2114(a)(1) of such Act, as 
so added. 
(2) DEADLINE FOR HIGH-RISK FACILITIES TO 
SUBMIT
SECURITY
VULNERABILITY
ASSESSMENTS 
AND SITE SECURITY PLANS.— 
(A) IN GENERAL.—The owner or operator 
of a chemical facility assigned to a high-risk 
tier under paragraph (3) of subsection (c) of 
section 2102 of the Homeland Security Act of 
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2002, as added by section 4, shall submit to the 
Secretary of Homeland Security— 
(i) the security vulnerability assess-
ment required under that subsection by 
not later than 3 months after the date on 
which the Secretary prescribes regulations 
to carry out that subsection; and 
(ii) the site security plan required 
under that subsection by not later than 4 
months after receiving notice that the Sec-
retary has approved the security vulner-
ability assessment submitted under clause 
(i). 
(B) EXTENSION.—The Secretary may ex-
tend the deadline under subparagraph (A) for a 
chemical facility for not longer than six months. 
(C) FACILITIES COVERED BY CFATS.—The 
owner or operator of a chemical facility as-
signed to a high-risk tier under section 
2102(c)(3) of the Homeland Security Act of 
2002, as added by subsection (a), who, before 
October 1, 2009, submits a security vulner-
ability assessment or site security plan under 
the regulations known as CFATS regulations, 
as in effect immediately before the enactment of 
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this Act, shall be required to submit an adden-
dum to the facility’s security vulnerability as-
sessment or site security plan to reflect any ad-
ditional requirements of this Act or the amend-
ments made by this Act. 
SEC. 5. ANNUAL REPORT TO CONGRESS. 
(a) ANNUAL REPORT.—Not later than one year after 
the date of the enactment of this Act, and annually there-
after for the next four years, the Secretary of Homeland 
Security shall submit to Congress a report on progress in 
achieving compliance with title XXI of the Homeland Se-
curity Act of 2002, as added by section 4. Each such re-
port shall include— 
(1) an assessment of the effectiveness of the 
site security plans developed under this title; 
(2) any lessons learned in implementing this 
title (including as a result of a red-team exercise); 
and 
(3) any recommendations of the Secretary to 
improve the programs, plans, and procedures under 
this title, including the feasibility of programs to in-
crease the number of economically disadvantaged 
businesses eligible to perform third-party entity re-
sponsibilities 
pursuant 
to 
sections 
2103(e)(5), 
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2104(b) and (c), and 2105(b)(1) of such Act, as so 
added. 
(b) PROTECTED INFORMATION.—A report under this 
section may not include information protected under sec-
tion 2108 of such Act, as so added. 
SEC. 6. INSPECTOR GENERAL REPORT. 
(a) REPORT REQUIRED.—Not later than October 1, 
2010, the Inspector General of the Department of Home-
land Security shall submit to the Committee on Homeland 
Security of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Affairs 
of the Senate a report that reviews the effectiveness of 
the implementation of title XXI of the Homeland Security 
Act of 2002, as added by subsection (a), including the ef-
fectiveness of site security plans required under such title 
and any recommendations to improve the programs, plans, 
and procedures required under such title, including the 
Secretary’s dissemination of best practices under section 
2103(a)(1)(A) of such Act, as so added, and the partici-
pating rates of economically disadvantaged businesses eli-
gible to perform third-party entity responsibilities pursu-
ant to sections 2103(e)(5), 2104(b), (c), and (d), and 
2105(b)(1) of such Act, as so added. 
(b) CLASSIFIED ANNEX.—The report required under 
subsection (a) shall be in unclassified form but may in-
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clude a classified annex, if the Inspector General deter-
mines a classified annex is necessary. 
SEC. 7. DEADLINE FOR REGULATIONS. 
(a) IN GENERAL.—The Secretary shall conduct the 
rulemaking process so that final rules carrying out the 
provisions of this Act and the amendments made by this 
Act are effective on October 1, 2009. 
SEC. 8. CHEMICAL FACILITY TRAINING PROGRAM. 
(a) IN GENERAL.—Subtitle A of title VIII of the 
Homeland Security Act of 2002 (6 U.S.C. 361) is amend-
ed by adding at the end the following new section: 
‘‘SEC. 802. CHEMICAL FACILITY TRAINING PROGRAM. 
‘‘(a) IN GENERAL.—The Secretary shall establish a 
Chemical Facility Security Training Program (referred to 
in this section as the ‘Program’) for the purpose of en-
hancing the collective response to terrorism and the capa-
bilities of chemical facilities to prevent, prepare for, re-
spond to, mitigate against, and recover from threatened 
or actual chemical facility terrorist incidents. 
‘‘(b) REQUIREMENTS.—The Program shall provide 
training that— 
‘‘(1) reaches multiple disciplines, including Fed-
eral, State, local, and tribal government officials, 
chemical facility owners, operators, and employees, 
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and governmental and nongovernmental emergency 
response providers; 
‘‘(2) utilizes multiple training mediums and 
methods; 
‘‘(3) addresses chemical facility security and 
site security plans, including— 
‘‘(A) site security plans and procedures for 
differing threat levels; 
‘‘(B) physical security, security equipment 
and systems, access control, and methods for 
preventing and countering theft; 
‘‘(C) recognition and detection of weapons 
and devices; 
‘‘(D) security incident procedures, includ-
ing procedures for communicating with emer-
gency response providers; 
‘‘(E) evacuation procedures and use of ap-
propriate personal protective equipment; and 
‘‘(F) other requirements that the Secretary 
deems appropriate. 
‘‘(4) is consistent with, and supports implemen-
tation of, the National Incident Management Sys-
tem, the National Response Framework, the Na-
tional Infrastructure Protection Plan, the National 
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Preparedness Guidelines, and other national initia-
tives; 
‘‘(5) includes consideration of existing security 
and hazardous chemical training programs including 
Federal or industry programs; and 
‘‘(6) is evaluated against clear and consistent 
performance measures. 
‘‘(c) NATIONAL VOLUNTARY CONSENSUS STAND-
ARDS.—The Secretary shall— 
‘‘(1) support the promulgation, and regular up-
dating as necessary and appropriate of national vol-
untary consensus standards for chemical facility se-
curity training ensuring that training is consistent 
with such standards; and 
‘‘(2) ensure that the training provided under 
this section is consistent with such standards. 
‘‘(d) TRAINING PARTNERS.—In developing and deliv-
ering training under the Program, the Secretary shall— 
‘‘(1) work with government training programs, 
chemical facilities, academic institutions, industry 
and private organizations, employee organizations, 
and other relevant entities that provide specialized 
state-of-the-art training; and 
‘‘(2) utilize, as appropriate, training provided 
by industry, public safety academies, Federal pro-
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grams, employee organizations, State and private 
colleges and universities, and other chemical facili-
ties.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by inserting after 
the item relating to section 801 the following: 
‘‘Sec. 802. Chemical facility training program.’’. 
Æ 
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