H.R. 908 (112th): Full Implementation of the Chemical Facility Anti-Terrorism Standards Act

112th Congress, 2011–2013. Text as of Sep 19, 2011 (Reported by House Committee).

Status & Summary | PDF | Source: GPO

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Union Calendar No. 139

112th CONGRESS

1st Session

H. R. 908

[Report No. 112–211]

IN THE HOUSE OF REPRESENTATIVES

March 3, 2011

(for himself and Mr. Gene Green of Texas) introduced the following bill; which was referred to the Committee on Energy and Commerce

September 19, 2011

Additional sponsors: Mr. Gerlach and Mr. Manzullo

September 19, 2011

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

Strike out all after the enacting clause and insert the part printed in italic


A BILL

To extend the authority of the Secretary of Homeland Security to maintain the Chemical Facility Anti-Terrorism Standards program.


1.

Short title

This Act may be cited as the Full Implementation of the Chemical Facility Anti-Terrorism Standards Act.

2.

Extension of Department of Homeland Security Chemical Facility Anti-Terrorism Standards program

Subsection (b) of section 550 of the Department of Homeland Security Appropriations Act for Fiscal Year 2007 (Public Law 109–295; 6 U.S.C. 121 note) is amended by striking 2010 and inserting 2017.

1.

Short title

This Act may be cited as the Full Implementation of the Chemical Facility Anti-Terrorism Standards Act.

2.

Extension of Department of Homeland Security Chemical Facility Anti-Terrorism Standards program

Subsection (b) of section 550 of the Department of Homeland Security Appropriations Act, 2007 (Public Law 109–295; 6 U.S.C. 121 note) is amended by striking 2011 and inserting 2018.

3.

Background checks

Section 550 of the Department of Homeland Security Appropriations Act, 2007 (Public Law 109–295; 6 U.S.C. 121 note) is amended by adding at the end the following new subsection:

(i)
(1)

No security background check is required under this section for an individual holding a valid transportation security card issued under section 70105 of title 46, United States Code.

(2)

The Secretary shall determine, on an ongoing basis, whether alternate security background checks conducted by the Secretary are sufficient to meet the requirements of the risk-based performance standards issued under this section such that no additional security background check is required under this section for an individual who has passed such a qualifying alternate security background check.

(3)

The owner or operator of a chemical facility subject to the regulations issued under this section may permit an individual holding a valid transportation security card issued under section 70105 of title 46, United States Code, or an individual who has passed a qualifying alternate security background check under paragraph (2), to have access to restricted areas or critical assets of such facility without the satisfaction of any other additional requirements imposed by the Secretary.

(4)
(A)

Nothing in this subsection shall be construed to abridge any right or responsibility of—

(i)

an individual subject to a security background check under this section; or

(ii)

an owner or operator of a chemical facility subject to the regulations issued under this section.

(B)

Nothing in this subsection shall be construed to prohibit an owner or operator of a chemical facility from requiring, for reasons other than compliance with this section, that prospective or current employees or contractors undergo any additional background check in addition to that required under the risk-based performance standards issued under this section.

.

4.

Authorization of appropriations

There is authorized to be appropriated to carry out section 550 of the Department of Homeland Security Appropriations Act, 2007 (Public Law 109–295; 6 U.S.C. 121 note) $89,920,000 for each of fiscal years 2012 through 2018.

September 19, 2011

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed