H.R.2868 is to amend the Homeland Security Act of 2002 to extend, modify, and recodify the authority of the Secretary of Homeland Security to enhance security and protect against acts of terrorism against chemical facilities, and for other purposes. This week a US House subcommittee passed chemical security legislation that critics said would change federal regulations that have not been fully implemented. The Energy and Commerce Committee’s Energy and Environment Subcommittee approved HR 2868, the Chemical Security Anti-Terrorism Act of 2009, by 18 to 10 votes and referred it to the full committee. The bill would amend the 2002 Homeland Security Act by adding a title regulating security practices at US chemical facilities, including refineries and petrochemical plants. If it becomes law, the measure would give the secretary of the US Department of Homeland Security (DHS) authority to designate a chemical as a “substance of concern” and set limits on how much of such substances could be used, stored, processed, manufactured, or distributed at a regulated installation. Risk-based regulated tiers would be assigned for each covered site, which would be notified within 60 days of its designation or any change in it. The DHS secretary also would have to develop regulations establishing risk-based and performance-based standards, protocols, and procedures for mandatory security vulnerability assessments (SVAs) and site security plans (SSPs) and set deadlines by tier for completing both. The secretary would approve or disapprove SVAs and SSPs within 180 days of their submission. Covered plants would have to review and resubmit SVAs and SSPs at least every 5 years. The bill also would establish an Office of Chemical Security within DHS, require covered plants to establish security background checks for employees and others with access to the plant’s restricted areas, and allow citizens to sue a covered plant alleging violation of the law or the DHS secretary alleging failure to enforce it.
H.R. 2868, the Chemical Facility Anti-Terrorism Act of 2009, Bill Text