H.R. 4007: Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2014

113th Congress

To recodify and reauthorize the Chemical Facility Anti-Terrorism Standards Program.

Sponsor: Rep. Patrick Meehan — R — PA

Chemical Facility Anti-Terrorism Standards Program Authorization and Accountability Act of 2014 - (Sec. 2) Amends the Homeland Security Act of 2002 to reestablish the Chemical Facility Anti-Terrorism Standards (CFATS) Program in the Department of Homeland Security (DHS) and to authorize appropriations for such Program for FY2015-FY2017. Requires the Secretary of Homeland Security, under such Program, to: (1) establish risk-based performance standards designed to protect covered chemical facilities from acts of terrorism and other security risks; and (2) require such facilities to submit security vulnerability assessments and develop and implement site security plans. Authorizes the Secretary to approve an alternative security program established by a private sector entity or a federal, state, or local authority that meets the requirements of this Act. Requires the Secretary to: review and approve or disapprove each such assessment and plan using the risk assessment policies and procedures developed under this Act; conduct the audit and inspection of covered chemical facilities, including by using a non-government entity, to determine compliance with this Act; prescribe standards for the training and retraining of DHS or non-governmental auditors and inspectors; and provide written notification (including a clear explanation of any deficiency in the security vulnerability assessment or site security plan) to the owner or operator of a covered facility determined to not be in compliance with this Act; and issue to the owner or operator of such a facility an order to comply with this Act. Authorizes the Secretary to issue an order assessing a civil penalty or requiring such a facility to cease operations if the owner or operator fails to comply. Defines: (1) a "covered chemical facility" to mean a chemical facility that the Secretary designates as a facility of interest and determines meets specified risk criteria, and (2) a "chemical facility of interest" to mean a facility that holds a chemical of interest at a threshold quantity that meets relevant risk-related criteria developed under this Act. Excepts certain chemical facilities, including Department of Defense (DOD) and Department of Energy (DOE) facilities. Requires the Secretary to carry out a Personnel Surety Program that provides a participating facility owner or operator with feedback about individuals based on vetting against the terrorist screening database. Authorizes a covered chemical facility to use such a federal screening program in order to satisfy the requirements of a risk-based performance standard that address personnel surety. Requires the Secretary to direct DHS's Security Screening Coordination Office to coordinate with the National Protection and Programs Directorate to expedite the development of a common credential that screens against the terrorist screening database on a recurrent basis. Directs the Secretary to: (1) consult with the heads of other federal agencies, states and political subdivisions, and relevant business associations to identify all chemical facilities of interest; and (2) develop a risk assessment approach and corresponding tiering methodology that incorporates all relevant elements of risk, including threat, vulnerability, and consequence. Requires the criteria for determining the security risk of terrorism associated with a facility to include: (1) the relevant threat information, (2) the potential economic consequences and the potential loss of human life in the event of the facility being subject to a terrorist attack, and (3) the vulnerability of the facility to a terrorist attack. Requires: (1) information developed pursuant to this Act to be protected from public disclosure, but permits the sharing of such information with state and local government officials possessing the necessary security clearances; and (2) information submitted to or obtained by the Secretary under this Act to be treated as classified material in any proceeding to enforce this Act. Sets forth civil penalties for violations of orders issued under this Act. Directs the Secretary to publish, including on the DHS website, the whistleblower protections that an individual providing information under this Act would have. Requires: (1) the Secretary to submit to Congress, within 18 months after enactment of this Act, a report on the CFATS Program, including certifications that the Secretary has made significant progress in the identification of all chemical facilities of interest and has developed a risk assessment approach and corresponding tiering methodology and an assessment of DHS's implementation of any recommendations made by the Homeland Security Studies and Analysis Institute as outlined in the Institute's Tiering Methodology Peer Review; and (2) the Comptroller General (GAO) to submit a semiannual assessments of the implementation of this Act. Authorizes the Secretary to: (1) provide guidance and tools, methodologies, or computer software to assist small covered chemical facilities (covered facilities having fewer than 350 employees) in developing their physical security; and (2) submit a report on best practices that may assist small chemical facilities. Directs the Secretary to: (1) establish an outreach implementation plan to identify chemical facilities of interest and make available compliance assistance materials and information on education and training, (2) commission a third-party study to assess vulnerabilities to acts of terrorism associated with the Program, and (3) submit a plan for the utilization of metrics to assess the effectiveness of the Program to reduce the risk of a terrorist attack or other security risk to citizens and communities surrounding covered chemical facilities.

View the full vote history of this bill on GovTrack.us.