Sec. 2. Performance standards for security of chemical facilities

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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. In this subsection, each of the terms site security plan and chemical facility has the meaning that the term has in section 550 of the Department of Homeland Security Appropriations Act, 2007 ( Public Law 109–295 ; 120 Stat. 1388), as amended by this Act.

Section 550 of the Department of Homeland Security Appropriations Act, 2007 ( Public Law 109–295 ; 120 Stat. 1388) is amended— in subsection (a)— by inserting from a terrorist attack after shall issue interim final regulations establishing risk-based performance standards for security of chemical facilities ; by inserting of a terrorist attack after in the discretion of the Secretary, present high levels of security risk ; and by striking the Secretary may not disapprove a site security plan submitted under this section based on the presence or absence of a particular security measure, but ; in subsection (c)— by striking consistent with similar and inserting identical to ; by striking vulnerability assessments, site security plans, and other information submitted to or obtained by the Secretary under this section, and related vulnerability or security information, and inserting vulnerability assessments and site security plans ; and by striking classified material and inserting sensitive security information (as that term is used in ; and section 1520.5 of title 49, Code of Federal Regulations) 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.

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Pub. L. 109-295
120 Stat. 1388

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Sec. 2

Performance standards for security of chemical facilities

Pub. L.Pub. L. 109-295

Stat.120 Stat. 1388

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