I 

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. 

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


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•HR 261 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Chemical Facility Se3 curity Improvement Act of 2009’’. 

4 SEC. 2. PERFORMANCE STANDARDS FOR SECURITY OF 

5 CHEMICAL FACILITIES. 

6 (a) LIMITATION ON USE OF FUNDS.— 

7 (1) LIMITATION.—No Federal funds may be 

8 used by the Secretary of Homeland Security to ap9 prove a site security plan for a chemical facility un10 less the facility meets or exceeds security standards 

11 and requirements to protect the facility against acts 

12 of terrorism established for such a facility by the 

13 State or local government for the area where the fa14 cility is located. 

15 (2) DEFINITIONS.—In this subsection, each of 

16 the terms ‘‘site security plan’’ and ‘‘chemical facil17 ity’’ has the meaning that the term has in section 

18 550 of the Department of Homeland Security Ap19 propriations Act, 2007 (Public Law 109–295; 120 

20 Stat. 1388), as amended by this Act. 

21 (b) AMENDMENTS TO EXISTING LAW RELATING TO

22 APPROVAL OF SECURITY PLANS.—Section 550 of the De23 partment of Homeland Security Appropriations Act, 2007 

24 (Public Law 109–295; 120 Stat. 1388) is amended— 

25 (1) in subsection (a)— 


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•HR 261 IH

1 (A) by inserting ‘‘from a terrorist attack’’ 

2 after ‘‘shall issue interim final regulations es3 tablishing risk-based performance standards for 

4 security of chemical facilities’’; 

5 (B) by inserting ‘‘of a terrorist attack’’ 

6 after ‘‘in the discretion of the Secretary, 

7 present high levels of security risk’’; and 

8 (C) by striking ‘‘the Secretary may not dis9 approve a site security plan submitted under 

10 this section based on the presence or absence of 

11 a particular security measure, but’’; 

12 (2) in subsection (c)— 

13 (A) by striking ‘‘consistent with similar’’ 

14 and inserting ‘‘identical to’’; 

15 (B) by striking ‘‘vulnerability assessments, 

16 site security plans, and other information sub17 mitted to or obtained by the Secretary under 

18 this section, and related vulnerability or secu19 rity information,’’ and inserting ‘‘vulnerability 

20 assessments and site security plans’’; and 

21 (C) by striking ‘‘classified material’’ and 

22 inserting ‘‘sensitive security information (as 

23 that term is used in section 1520.5 of title 49, 

24 Code of Federal Regulations)’’; and 


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•HR 261 IH

1 (3) in subsection (d), by striking: ‘‘: Provided, 

2 That nothing in this section confers upon any person 

3 except the Secretary a right of action against an 

4 owner or operator of a chemical facility to enforce 

5 any provision of this section.’’. 

Æ 


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