Summary: H.R.2868 — 111th Congress (2009-2010)All Information (Except Text)

Bill summaries are authored by CRS.

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Reported to Senate with amendment(s) (12/16/2010)

Continuing Chemical Facilities Antiterrorism Security Act of 2010 - Amends the Department of Homeland Security Appropriations Act, 2007 to extend for three years (until October 4, 2013) the authority of the the Secretary of Homeland Security (DHS) to issue regulations establishing risk-based performance standards for the security of chemical facilities that require vulnerability assessments and the development and implementation of site security plans (Chemical Facility Anti-Terrorism Standards or CFATS).

Amends the Homeland Security Act of 2002 (HSA) to require the Secretary, acting through the Administrator of the Federal Emergency Management Agency (FEMA) in coordination with the Under Secretary for National Protection and Programs, to: (1) establish a voluntary chemical security training program to enhance the capabilities of high-risk chemical facilities to prevent, prepare for, respond to, mitigate against, and recover from threatened or actual acts of terrorism, natural disasters, and other man-made disasters; and (2) develop a voluntary chemical security exercise program to offer voluntary testing and evaluation of the capabilities of the federal government, state governments, commercial personnel and management, governmental and nongovernmental emergency response providers, and the private sector to prevent, prepare for, mitigate against, respond to, and recover from acts of terrorism, natural disasters, and other emergencies at chemical facilities.

Directs the Secretary, acting through the Assistant Secretary for Infrastructure Protection in coordination with the Under Secretary for Science and Technology, to establish a voluntary technical assistance program to provide nonbinding assistance or recommendations to the owner of a covered chemical facility to: (1) reduce the risk or consequences associated with a successful terrorist attack on the facility; and (2) aid in compliance with the performance standards applicable to the facility under CFATS. Provides that the decision to participate or to implement any assistance or recommendations provided by the Secretary shall be at the sole discretion of the owner or operator.

Requires the Secretary, upon request, to advise such owner or operator of the overall effect that implementing all categories of assistance or recommendations provided by the Secretary would have on the Secretary's determination regarding: (1) the placement of the facility in a risk-based tier under CFATS, or (2) whether the facility would no longer present a high level of security risk. Provides that no act or failure to act by the owner or operator relating to assistance or a recommendation provided by the Secretary shall be interpreted or applied to create any liability or cause of action for compensation that may result from a terrorist act or incident at the facility, with an exception for intervening acts or omissions.

Directs the Secretary to develop a repository for information and data on best practices and cost-effective technologies for implementing CFATS and the voluntary technical assistance program. Provides for the protection of information that may reveal: (1) vulnerabilities or other details of the security capabilities of a covered facility that may be exploited by terrorists, and (2) trade secrets or commercial or financial information that is not customarily in the public domain.

Directs the Secretary, by October 4, 2013, in coordination with a nine-member Chemical Facility Security Advisory Board established by this Act, to submit a report regarding lessons learned from the voluntary technical assistance program.