[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 261 Introduced in House (IH)]







111th CONGRESS
  1st Session
                                H. R. 261

   To provide that no Federal funds may be used by the Secretary of 
   Homeland Security to approve a site security 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, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 7, 2009

Ms. Jackson-Lee of Texas (for herself and Mr. Thompson of Mississippi) 
 introduced the following bill; which was referred to the Committee on 
   Energy and Commerce, and in addition to the Committee on Homeland 
Security, 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 provide that no Federal funds may be used by the Secretary of 
   Homeland Security to approve a site security 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, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Chemical Facility Security 
Improvement Act of 2009''.

SEC. 2. PERFORMANCE STANDARDS FOR SECURITY OF CHEMICAL FACILITIES.

    (a) Limitation on Use of Funds.--
            (1) Limitation.--No Federal funds may be used by the 
        Secretary of Homeland Security to approve a site security 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.
            (2) 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 Department of 
        Homeland Security Appropriations Act, 2007 (Public Law 109-295; 
        120 Stat. 1388), as amended by this Act.
    (b) Amendments to Existing Law Relating to Approval of Security 
Plans.--Section 550 of the Department of Homeland Security 
Appropriations Act, 2007 (Public Law 109-295; 120 Stat. 1388) is 
amended--
            (1) in subsection (a)--
                    (A) by inserting ``from a terrorist attack'' after 
                ``shall issue interim final regulations establishing 
                risk-based performance standards for security of 
                chemical facilities'';
                    (B) by inserting ``of a terrorist attack'' after 
                ``in the discretion of the Secretary, present high 
                levels of security risk''; and
                    (C) by striking ``the Secretary may not disapprove 
                a site security plan submitted under this section based 
                on the presence or absence of a particular security 
                measure, but'';
            (2) in subsection (c)--
                    (A) by striking ``consistent with similar'' and 
                inserting ``identical to'';
                    (B) by striking ``vulnerability assessments, site 
                security plans, and other information submitted to or 
                obtained by the Secretary under this section, and 
                related vulnerability or security information,'' and 
                inserting ``vulnerability assessments and site security 
                plans''; and
                    (C) by striking ``classified material'' and 
                inserting ``sensitive security information (as that 
                term is used in section 1520.5 of title 49, Code of 
                Federal Regulations)''; and
            (3) in subsection (d), by striking: ``: Provided, That 
        nothing in this section confers upon any person except the 
        Secretary a right of action against an owner or operator of a 
        chemical facility to enforce any provision of this section.''.
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