HR 225
112th CONGRESS
1st Session
H. R. 225
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, 2011
Ms. JACKSON LEE of Texas 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
2011'.
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--
(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';
(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.'.
END
