I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Continuing Chemical 

5 Facilities Antiterrorism Security Act of 2010’’. 

6 SEC. 2. EXTENSION OF CHEMICAL FACILITIES 

7 ANTITERRORISM SECURITY PROGRAM. 

8 (a) IN GENERAL.—Section 550(b) of the Department 

9 of Homeland Security Appropriations Act, 2007 (6 U.S.C. 


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1 121 note) is amended by striking ‘‘October 4, 2010’’ and 

2 inserting ‘‘October 4, 2015’’. 

3 (b) CHEMICAL FACILITY SECURITY ENHANCE4 MENTS.— 

5 (1) IN GENERAL.—The Homeland Security Act 

6 of 2002 (6 U.S.C. 101 et seq.) is amended by add7 ing at the end the following: 

8 ‘‘TITLE XXI—CHEMICAL 

9 FACILITY SECURITY 

10 ‘‘SEC. 2101. CHEMICAL SECURITY TRAINING PROGRAM. 

11 ‘‘(a) ESTABLISHMENT.—Acting through the Admin12 istrator of the Federal Emergency Management Agency 

13 and in coordination with the Under Secretary for National 

14 Protection and Programs, the Secretary shall establish a 

15 voluntary chemical security training program (referred to 

16 in this section as the ‘training program’) for the purpose 

17 of enhancing the capabilities of high-risk chemical facili18 ties to prevent, prepare for, respond to, mitigate against, 

19 and recover from threatened or actual acts of terrorism, 

20 natural disasters, and other man-made disasters. 

21 ‘‘(b) REQUIREMENTS.—The training program shall 

22 provide validated voluntary training that— 

23 ‘‘(1) reaches multiple disciplines, including Fed24 eral, State, and local government officials, commerVerDate Mar 15 2010 00:05 May 01, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5186.IH H5186

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1 cial personnel and management, and governmental 

2 and nongovernmental emergency response providers; 

3 ‘‘(2) provides training at the awareness, per4 formance, and management and planning levels; 

5 ‘‘(3) uses multiple training mediums and meth6 ods; 

7 ‘‘(4) is coordinated with training provided by 

8 government training facilities, academic institutions, 

9 private organizations, and other entities that provide 

10 specialized, state-of-the-art training for govern11 mental and nongovernmental emergency responder 

12 providers or commercial personnel and management; 

13 ‘‘(5) uses, as appropriate, government training 

14 facilities, courses provided by community colleges, 

15 public safety academies, State and private univer16 sities, and other facilities; 

17 ‘‘(6) is consistent with, and supports implemen18 tation of, the National Incident Management Sys19 tem, the National Response Framework, the Na20 tional Infrastructure Protection Plan, the National 

21 Preparedness Guidance, the National Preparedness 

22 Goal, the National Maritime Transportation Security 

23 Plan, and other such national initiatives, and any 

24 successors thereto; 


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1 ‘‘(7) is evaluated against clear and consistent 

2 performance measures; 

3 ‘‘(8) addresses security requirements under 

4 chemical facility security plans; and 

5 ‘‘(9) educates, trains, and involves individuals 

6 in neighborhoods around chemical facilities on how 

7 to observe and report security risks. 

8 ‘‘SEC. 2102. CHEMICAL SECURITY EXERCISE PROGRAM. 

9 ‘‘(a) IN GENERAL.—Acting through the Adminis10 trator of the Federal Emergency Management Agency and 

11 in coordination with Under Secretary for National Protec12 tion and Programs, the Secretary shall develop a voluntary 

13 chemical security exercise program (referred to in this sec14 tion as the ‘exercise program’) for the purpose of offering 

15 voluntary testing and evaluation of the capabilities of the 

16 Federal Government, State governments, commercial per17 sonnel and management, governmental and nongovern18 mental emergency response providers, the private sector, 

19 or any other organization or entity, as the Secretary deter20 mines to be appropriate, to prevent, prepare for, mitigate 

21 against, respond to, and recover from acts of terrorism, 

22 natural disasters, and other emergencies at chemical facili23 ties. 


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1 ‘‘(b) REQUIREMENTS.—Under the exercise program, 

2 the Secretary shall conduct, on a periodic basis, voluntary 

3 joint security exercises at chemical facilities that are— 

4 ‘‘(1) scaled and tailored to the needs of each 

5 chemical facility; 

6 ‘‘(2) for the highest risk chemical facilities, as 

7 determined by the Secretary, live training exercises; 

8 ‘‘(3) as realistic as practicable and based on 

9 current risk assessments, including credible threats, 

10 vulnerabilities, and consequences; 

11 ‘‘(4) consistent with the National Incident Man12 agement System, the National Response Framework, 

13 the National Infrastructure Protection Plan, the Na14 tional Preparedness Guidance, the National Pre15 paredness Goal, the National Maritime Transpor16 tation Security Plan, and other such national initia17 tives, and any successors thereto; 

18 ‘‘(5) evaluated against clear and consistent per19 formance measures; 

20 ‘‘(6) assessed to learn best practices, which 

21 shall be shared with appropriate Federal, State, and 

22 local officials, commercial personnel and manage23 ment, governmental and nongovernmental emergency 

24 response providers, and the private sector; 


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1 ‘‘(7) followed by remedial action in response to 

2 lessons learned; and 

3 ‘‘(8) designed to assist State and local govern4 ments and chemical facilities in designing, imple5 menting, and evaluating exercises that— 

6 ‘‘(A) conform to the requirements of this 

7 paragraph; and 

8 ‘‘(B) are consistent with any applicable 

9 Buffer Zone Protection Plan, State homeland 

10 security plan, or urban area homeland security 

11 plan. 

12 ‘‘SEC. 2103. AUTHORIZATION OF APPROPRIATIONS. 

13 ‘‘There are authorized to be appropriated to the Sec14 retary such sums as are necessary to carry out this title.’’. 

15 (2) TABLE OF CONTENTS.—The table of con16 tents in section 2 of the Homeland Security Act of 

17 2002 (6 U.S.C. 101 et seq.) is amended by inserting 

18 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.’’. 

Æ 


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