Chemical Facilities Security Act of 2004

Bill: 108-s-994
Sponsor: Sen. Inhofe, James M. [R-OK]
Introduced: 2003-05-05 in the Senate
Policy area: Environmental Protection
Subjects: Administrative procedure
Administrative remedies
Armed Forces and National Security
Business records
Chemical industries
Chemical warfare
Chemicals
Civil Rights and Liberties, Minority Issues
Civil actions and liability
Commerce
Computer security measures
Confidential communications
Crime and Law Enforcement
Criminal justice information
Department of Homeland Security
EBB Terrorism
Emergency Management
Employee selection
Employee training
Environmental assessment
Environmental health
Equipment and supplies
Federal preemption
Federal-local relations
Federal-state relations
Fines (Penalties)
Freedom of information
Government Operations and Politics
Government paperwork
Health
Identification of criminals
Industrial buildings
Infrastructure
Injunctions
Labor and Employment
Larceny
Law
Local laws
Local officials
Personnel records
Planning
Science, Technology, Communications
Security measures
Standards
State laws
State officials
Terrorism

Summary:
action_date: 2003-05-05
text: 
Chemical Facilities Storage Act of 2003 - Requires owners or operators of selected chemical storage facilities to develop and implement a site security plan that addresses the facility's vulnerability to a terrorist release.
 
Directs the Secretary of Homeland Security to promulgate regulations specifying: (1) which facilities should be selected based on the likelihood of terrorist attack, the nature of the substances stored, the potential harm if released, cost, and technical feasibility; (2) a timetable for the completion of a vulnerability assessment and site security plan; (3) the contents of the plan; (4) plan certification and availability requirements; and (5) limits on the disclosure of sensitive information.
 
Requires the Secretary to provide owners or operators with relevant threat information to the extent practicable.
 
Grants the Secretary access to the premises, security plans, and other records, as necessary, for any selected facility.

action_date: 2004-05-11
text: 
Chemical Facilities Security Act of 2004 - Directs the Secretary of Homeland Security to promulgate regulations requiring owners or operators of chemical sources identified pursuant to this Act to: (1) conduct an assessment of the source's vulnerability to a terrorism-related chemical release; and (2) prepare and implement a site security plan to address such vulnerabilities.
 
Directs the Secretary to provide owners and operators with relevant threat information.
 
Requires owners and operators to certify (and regularly review and recertify) completion of assessments and implementation of plans to the Secretary and to submit copies of such assessments and plans.
 
Authorizes the Secretary to endorse existing regulations.
 
Requires the Secretary to develop a list of existing chemical sources.
 
Authorizes the Secretary to designate, exempt, and adjust threshold quantities of chemical substances of concern.
 
Exempts information provided pursuant to this Act from disclosure under the Freedom of Information Act and comparable State or local laws. Prescribes criminal penalties for unauthorized disclosures.
 
Authorizes the Secretary to: (1) order compliance with certification and submission provisions of this Act; (2) disapprove assessments or plans, providing written notification of such disapproval; (3) bring civil actions or issue administrative orders to compel action in the event of an &quot;emergency threat&quot; (an imminent threat beyond the scope of the plan); and (4) provide training to State and local government officials and owners and operators.
 
Sets forth civil and administrative penalties for violations of this Act.
 
Establishes a business security grant program for small agricultural businesses listed as chemical sources.


Legislative actions:
action_date: 2004-05-11
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 509.
action_date: 2004-05-11
text: Committee on Environment and Public Works. Reported by Senator Inhofe with an amendment in the nature of a substitute. With written report No. 108-261. Additional views filed.
action_date: 2004-05-11
text: Committee on Environment and Public Works. Reported by Senator Inhofe with an amendment in the nature of a substitute. With written report No. 108-261. Additional views filed.
action_date: 2003-10-23
text: Committee on Environment and Public Works. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2003-05-05
text: Read twice and referred to the Committee on Environment and Public Works.
action_date: 2003-05-05
text: Introduced in Senate