Topic: Domestic Commerce — Consumer Safety
Subject: Emergency management
Date: 2011-03-03 00:00:00

Chemical Facility Anti-Terrorism Security Authorization Act of 2011 - Amends the Homeland Security Act of 2002 to require the Secretary of Homeland Security (DHS) to maintain regulations to protect chemical facilities against terrorism, which shall include: (1) risk-based performance standards for facility security, (2) requirements for facility security vulnerability assessments, and (3) requirements for the development and implementation of facility site security plans. Applies such regulations to any chemical facility that the Secretary determines presents a high level of security risk with respect to acts of terrorism, with the exception of Department of Defense (DOD) and Department of Energy (DOE) facilities, facilities regulated by the Nuclear Regulatory Commission (NRC), port security facilities, public water systems, and treatment works. Requires such regulations to provide that each facility be permitted to select layered security measures that, in combination, appropriately address the vulnerability assessment and risk-based performance standards. Directs the Secretary to approve or disapprove each assessment and site security plan. Prohibits the Secretary from disapproving such a plan based on the presence or absence of a particular security measure, but allows the Secretary to disapprove a plan that fails to satisfy performance standards. Requires the Secretary to: (1) approve or disapprove a security vulnerability assessment or site security plan after publishing final regulations and no later than 180 days after receipt, and (2) provide to a facility owner or operator no later than 14 days after such disapproval written notification that includes a clear explanation of deficiencies and that requires the owner or operator to make revisions to address deficiencies by an appropriate date. Authorizes the Secretary to approve an alterative security program established by a private sector entity or federal, state, or local authority, or established under another applicable law, if the Secretary determines that the requirements of such program meet the requirements of this Act. Requires the Secretary to include in any personnel surety regulation issued pursuant to this Act provisions on how a facility owner or operator can meet regulation requirements by submitting: (1) information on an employee or individual holding a valid transportation security card, (2) an alternate security background check conducted by a private sector entity, and (3) an alternate security background check conducted under another applicable law. Directs the Secretary to provide, upon request, to any owner or operator of a covered chemical facility that is a small business concern technical assistance to prepare a security vulnerability assessment or site security plan. Requires information developed pursuant to this Act to be protected from public disclosure but permits information sharing with state and local government officials under specified circumstances. Directs the Secretary to audit and inspect chemical facilities and order compliance with such regulations. Imposes civil penalties for violations. Authorizes the Secretary to issue an order for a facility not in compliance to cease operations. Requires the Secretary to report annually on: (1) an estimate of the potential jobs created or lost within the private sector as a result of the regulations required under this Act, and (2) information on feedback from facility owners and operators about how the regulations could be revised to spur potential job creation or stem job losses. Terminates this Act on September 30, 2018. Authorizes appropriations for FY2012-FY2018. (Sec. 3) Repeals similar provisions of the Department of Homeland Security Appropriations Act, 2007. (Sec. 4) Directs the Secretary to report on the extent to which the security requirements added by this Act have been harmonized with security requirements for facilities regulated under existing port security provisions.