[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5186 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5186

 To extend the chemical facility security program of the Department of 
               Homeland Security, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 29, 2010

   Mr. Dent 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 extend the chemical facility security program of the Department of 
               Homeland Security, 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 ``Continuing Chemical Facilities 
Antiterrorism Security Act of 2010''.

SEC. 2. EXTENSION OF CHEMICAL FACILITIES ANTITERRORISM SECURITY 
              PROGRAM.

    (a) In General.--Section 550(b) of the Department of Homeland 
Security Appropriations Act, 2007 (6 U.S.C. 121 note) is amended by 
striking ``October 4, 2010'' and inserting ``October 4, 2015''.
    (b) Chemical Facility Security Enhancements.--
            (1) In general.--The Homeland Security Act of 2002 (6 
        U.S.C. 101 et seq.) is amended by adding at the end the 
        following:

                ``TITLE XXI--CHEMICAL FACILITY SECURITY

``SEC. 2101. CHEMICAL SECURITY TRAINING PROGRAM.

    ``(a) Establishment.--Acting through the Administrator of the 
Federal Emergency Management Agency and in coordination with the Under 
Secretary for National Protection and Programs, the Secretary shall 
establish a voluntary chemical security training program (referred to 
in this section as the `training program') for the purpose of enhancing 
the capabilities of high-risk chemical facilities to prevent, prepare 
for, respond to, mitigate against, and recover from threatened or 
actual acts of terrorism, natural disasters, and other man-made 
disasters.
    ``(b) Requirements.--The training program shall provide validated 
voluntary training that--
            ``(1) reaches multiple disciplines, including Federal, 
        State, and local government officials, commercial personnel and 
        management, and governmental and nongovernmental emergency 
        response providers;
            ``(2) provides training at the awareness, performance, and 
        management and planning levels;
            ``(3) uses multiple training mediums and methods;
            ``(4) is coordinated with training provided by government 
        training facilities, academic institutions, private 
        organizations, and other entities that provide specialized, 
        state-of-the-art training for governmental and nongovernmental 
        emergency responder providers or commercial personnel and 
        management;
            ``(5) uses, as appropriate, government training facilities, 
        courses provided by community colleges, public safety 
        academies, State and private universities, and other 
        facilities;
            ``(6) is consistent with, and supports implementation of, 
        the National Incident Management System, the National Response 
        Framework, the National Infrastructure Protection Plan, the 
        National Preparedness Guidance, the National Preparedness Goal, 
        the National Maritime Transportation Security Plan, and other 
        such national initiatives, and any successors thereto;
            ``(7) is evaluated against clear and consistent performance 
        measures;
            ``(8) addresses security requirements under chemical 
        facility security plans; and
            ``(9) educates, trains, and involves individuals in 
        neighborhoods around chemical facilities on how to observe and 
        report security risks.

``SEC. 2102. CHEMICAL SECURITY EXERCISE PROGRAM.

    ``(a) In General.--Acting through the Administrator of the Federal 
Emergency Management Agency and in coordination with Under Secretary 
for National Protection and Programs, the Secretary shall develop a 
voluntary chemical security exercise program (referred to in this 
section as the `exercise program') for the purpose of offering 
voluntary testing and evaluation of the capabilities of the Federal 
Government, State governments, commercial personnel and management, 
governmental and nongovernmental emergency response providers, the 
private sector, or any other organization or entity, as the Secretary 
determines to be appropriate, to prevent, prepare for, mitigate 
against, respond to, and recover from acts of terrorism, natural 
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 
        determined by the Secretary, live training exercises;
            ``(3) as realistic as practicable and based on current risk 
        assessments, including credible threats, vulnerabilities, and 
        consequences;
            ``(4) consistent with the National Incident Management 
        System, the National Response Framework, the National 
        Infrastructure Protection Plan, the National Preparedness 
        Guidance, the National Preparedness Goal, the National Maritime 
        Transportation Security Plan, and other such national 
        initiatives, and any successors thereto;
            ``(5) evaluated against clear and consistent performance 
        measures;
            ``(6) assessed to learn best practices, which shall be 
        shared with appropriate Federal, State, and local officials, 
        commercial personnel and management, governmental 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 governments and 
        chemical facilities in designing, implementing, 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 security plan, or 
                urban area homeland security plan.

``SEC. 2103. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Secretary such 
sums as are necessary to carry out this title.''.
            (2) Table of contents.--The table of contents in section 2 
        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. Chemical security training program.
``Sec. 2102. Chemical security exercise program.
``Sec. 2103. Authorization of appropriations.''.
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