111 HR 261 IH: Chemical Facility Security Improvement Act of 2009 U.S. House of Representatives 2009-01-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 111th CONGRESS 1st Session H. R. 261 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.

1.

Short title

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

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..