Chemical Facility Anti-Terrorism Act of 2009 – H.R. 2868
HR 2868 will affect chemical facilities, drinking water, and wastewater facilities
INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT
H.R. 2868 would extend intergovernmental and private-sector mandates, as defined in UMRA, and impose new mandates on employers and on owners and operators of public and private facilities where certain chemicals are present. The bill also would preempt state and local laws. Because the cost of some of the mandates would depend on future regulatory actions, CBO cannot determine whether the aggregate costs of complying with the mandates would exceed the annual thresholds established in UMRA for intergovernmental or private-sector mandates ($69 million and $139 million, respectively, in 2009, adjusted annually for inflation).Extension of Mandates on Chemical Facilities
The bill would extend and make permanent mandates contained in section 550 of Public Law 109-295, the Chemical Facility Anti-Terrorism Standards (CFATS), that are set to expire in October 2009. Those mandates require owners and operators of public and private facilities where certain chemicals are present to assess the vulnerability of their facilities to a terrorist incident and to prepare and implement security plans. The bill also would extend mandates that require owners and operators of such facilities to maintain records, periodically submit reviews of the adequacy of the vulnerability assessments or security plans, and allow DHS access to their property for security inspections and verifications. In addition, owners and operators would have to continue to conduct background checks on employees with access to restricted areas and provide training to employees. Information from DHS and industry sources indicates that those facilities are currently in compliance with CFATS regulations, and CBO estimates that the cost of continuing to comply with those regulations would be small relative to the annual thresholds established in UMRA.Expansion of Mandates to Drinking Water and Wastewater Facilities
The bill would require drinking water and wastewater facilities, entities that are currently exempt from the CFATS regulations, to comply with those requirements. According to government and industry representatives, many of the facilities potentially affected by the bill’s provisions are currently engaged in activities similar to those that would be required under H.R. 2868. Such facilities are acting either in response to the terrorist attacks of September 11, 2001, as a condition of membership in chemical industry associations, or in accordance with the Public Health Security and Bioterrorism Preparedness and Response Act of 2002, the Maritime Transportation Security Act, or other federal regulations.
This is just a small part of this bill. See the link for more information. Chemical Facility Anti-Terrorism Act of 2009