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 En-
ergy and Commerce, and in addition to the Committee on Homeland Se-
curity, 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 Sec-
retary of Homeland Security to approve a site security 
plan for a chemical facility, unless the facility meets 
or exceeds security standards and requirements to pro-
tect 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 Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Chemical Facility Se-
curity Improvement Act of 2009’’. 
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 ap-
prove a site security plan for a chemical facility un-
less 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 fa-
cility is located. 
(2) DEFINITIONS.—In this subsection, each of 
the terms ‘‘site security plan’’ and ‘‘chemical facil-
ity’’ has the meaning that the term has in section 
550 of the Department of Homeland Security Ap-
propriations 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 De-
partment of Homeland Security Appropriations Act, 2007 
(Public Law 109–295; 120 Stat. 1388) is amended— 
(1) in subsection (a)— 
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(A) by inserting ‘‘from a terrorist attack’’ 
after ‘‘shall issue interim final regulations es-
tablishing 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 dis-
approve 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 sub-
mitted to or obtained by the Secretary under 
this section, and related vulnerability or secu-
rity 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 
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(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.’’. 
Æ 
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