H. R. 4007 

One Hundred Thirteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Friday, 

the third day of January, two thousand and fourteen 

An Act 

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

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Protecting and Securing Chemical 

Facilities from Terrorist Attacks Act of 2014’’. 

SEC. 2. CHEMICAL FACILITY ANTI-TERRORISM STANDARDS PROGRAM. 

(a) IN GENERAL.—The Homeland Security Act of 2002 (6 U.S.C. 

101 et seq.) is amended by adding at the end the following: 

‘‘TITLE XXI—CHEMICAL FACILITY ANTI– 

TERRORISM STANDARDS 

‘‘SEC. 2101. DEFINITIONS. 

‘‘In this title— 

‘‘(1) the term ‘CFATS regulation’ means— 

‘‘(A) an existing CFATS regulation; and 

‘‘(B) any regulation or amendment to an existing 

CFATS regulation issued pursuant to the authority under 

section 2107; 

‘‘(2) the term ‘chemical facility of interest’ means a facility 

that— 

‘‘(A) holds, or that the Secretary has a reasonable 

basis to believe holds, a chemical of interest, as designated 

under Appendix A to part 27 of title 6, Code of Federal 

Regulations, or any successor thereto, at a threshold 

quantity set pursuant to relevant risk-related security principles; and 

‘‘(B) is not an excluded facility; 

‘‘(3) the term ‘covered chemical facility’ means a facility 

that— 

‘‘(A) the Secretary— 

‘‘(i) identifies as a chemical facility of interest; 

and 

‘‘(ii) based upon review of the facility’s Top-Screen, 

determines meets the risk criteria developed under 

section 2102(e)(2)(B); and 

‘‘(B) is not an excluded facility; 

‘‘(4) the term ‘excluded facility’ means— 
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‘‘(A) a facility regulated under the Maritime Transportation Security Act of 2002 (Public Law 107–295; 116 Stat. 

2064); 

‘‘(B) a public water system, as that term is defined 

in section 1401 of the Safe Drinking Water Act (42 U.S.C. 

300f); 

‘‘(C) a Treatment Works, as that term is defined in 

section 212 of the Federal Water Pollution Control Act 

(33 U.S.C. 1292); 

‘‘(D) a facility owned or operated by the Department 

of Defense or the Department of Energy; or 

‘‘(E) a facility subject to regulation by the Nuclear 

Regulatory Commission, or by a State that has entered 

into an agreement with the Nuclear Regulatory Commission under section 274 b. of the Atomic Energy Act of 

1954 (42 U.S.C. 2021(b)) to protect against unauthorized 

access of any material, activity, or structure licensed by 

the Nuclear Regulatory Commission; 

‘‘(5) the term ‘existing CFATS regulation’ means— 

‘‘(A) a regulation promulgated under section 550 of 

the Department of Homeland Security Appropriations Act, 

2007 (Public Law 109–295; 6 U.S.C. 121 note) that is 

in effect on the day before the date of enactment of the 

Protecting and Securing Chemical Facilities from Terrorist 

Attacks Act of 2014; and 

‘‘(B) a Federal Register notice or other published guidance relating to section 550 of the Department of Homeland 

Security Appropriations Act, 2007 that is in effect on the 

day before the date of enactment of the Protecting and 

Securing Chemical Facilities from Terrorist Attacks Act 

of 2014; 

‘‘(6) the term ‘expedited approval facility’ means a covered 

chemical facility for which the owner or operator elects to 

submit a site security plan in accordance with section 

2102(c)(4); 

‘‘(7) the term ‘facially deficient’, relating to a site security 

plan, means a site security plan that does not support a certification that the security measures in the plan address the 

security vulnerability assessment and the risk-based performance standards for security for the facility, based on a review 

of— 

‘‘(A) the facility’s site security plan; 

‘‘(B) the facility’s Top-Screen; 

‘‘(C) the facility’s security vulnerability assessment; or 

‘‘(D) any other information that— 

‘‘(i) the facility submits to the Department; or 

‘‘(ii) the Department obtains from a public source 

or other source; 

‘‘(8) the term ‘guidance for expedited approval facilities’ 

means the guidance issued under section 2102(c)(4)(B)(i); 

‘‘(9) the term ‘risk assessment’ means the Secretary’s 

application of relevant risk criteria identified in section 

2102(e)(2)(B); 

‘‘(10) the term ‘terrorist screening database’ means the 

terrorist screening database maintained by the Federal Government Terrorist Screening Center or its successor; 
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‘‘(11) the term ‘tier’ has the meaning given the term in 

section 27.105 of title 6, Code of Federal Regulations, or any 

successor thereto; 

‘‘(12) the terms ‘tiering’ and ‘tiering methodology’ mean 

the procedure by which the Secretary assigns a tier to each 

covered chemical facility based on the risk assessment for that 

covered chemical facility; 

‘‘(13) the term ‘Top-Screen’ has the meaning given the 

term in section 27.105 of title 6, Code of Federal Regulations, 

or any successor thereto; and 

‘‘(14) the term ‘vulnerability assessment’ means the identification of weaknesses in the security of a chemical facility 

of interest. 

‘‘SEC. 2102. CHEMICAL FACILITY ANTI-TERRORISM STANDARDS PROGRAM. 

‘‘(a) PROGRAM ESTABLISHED.— 

‘‘(1) IN GENERAL.—There is in the Department a Chemical 

Facility Anti-Terrorism Standards Program. 

‘‘(2) REQUIREMENTS.—In carrying out the Chemical Facility 

Anti-Terrorism Standards Program, the Secretary shall— 

‘‘(A) identify— 

‘‘(i) chemical facilities of interest; and 

‘‘(ii) covered chemical facilities; 

‘‘(B) require each chemical facility of interest to submit 

a Top-Screen and any other information the Secretary 

determines necessary to enable the Department to assess 

the security risks associated with the facility; 

‘‘(C) establish risk-based performance standards 

designed to address high levels of security risk at covered 

chemical facilities; and 

‘‘(D) require each covered chemical facility to— 

‘‘(i) submit a security vulnerability assessment; 

and 

‘‘(ii) develop, submit, and implement a site security 

plan. 

‘‘(b) SECURITY MEASURES.— 

‘‘(1) IN GENERAL.—A facility, in developing a site security 

plan as required under subsection (a), shall include security 

measures that, in combination, appropriately address the security vulnerability assessment and the risk-based performance 

standards for security for the facility. 

‘‘(2) EMPLOYEE INPUT.—To the greatest extent practicable, 

a facility’s security vulnerability assessment and site security 

plan shall include input from at least 1 facility employee and, 

where applicable, 1 employee representative from the bargaining agent at that facility, each of whom possesses, in the 

determination of the facility’s security officer, relevant knowledge, experience, training, or education as pertains to matters 

of site security. 

‘‘(c) APPROVAL OR DISAPPROVAL OF SITE SECURITY PLANS.— 

‘‘(1) IN GENERAL.— 

‘‘(A) REVIEW.—Except as provided in paragraph (4), 

the Secretary shall review and approve or disapprove each 

site security plan submitted pursuant to subsection (a). 

‘‘(B) BASES FOR DISAPPROVAL.—The Secretary— 
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‘‘(i) may not disapprove a site security plan based 

on the presence or absence of a particular security 

measure; and 

‘‘(ii) shall disapprove a site security plan if the 

plan fails to satisfy the risk-based performance standards established pursuant to subsection (a)(2)(C). 

‘‘(2) ALTERNATIVE SECURITY PROGRAMS.— 

‘‘(A) AUTHORITY TO APPROVE.— 

‘‘(i) IN GENERAL.—The Secretary may approve an 

alternative security program established by a private 

sector entity or a Federal, State, or local authority 

or under other applicable laws, if the Secretary determines that the requirements of the program meet the 

requirements under this section. 

‘‘(ii) ADDITIONAL SECURITY MEASURES.—If the 

requirements of an alternative security program do 

not meet the requirements under this section, the Secretary may recommend additional security measures 

to the program that will enable the Secretary to 

approve the program. 

‘‘(B) SATISFACTION OF SITE SECURITY PLAN REQUIREMENT.—A covered chemical facility may satisfy the site 

security plan requirement under subsection (a) by adopting 

an alternative security program that the Secretary has— 

‘‘(i) reviewed and approved under subparagraph 

(A); and 

‘‘(ii) determined to be appropriate for the operations and security concerns of the covered chemical 

facility. 

‘‘(3) SITE SECURITY PLAN ASSESSMENTS.— 

‘‘(A) RISK ASSESSMENT POLICIES AND PROCEDURES.— 

In approving or disapproving a site security plan under 

this subsection, the Secretary shall employ the risk assessment policies and procedures developed under this title. 

‘‘(B) PREVIOUSLY APPROVED PLANS.—In the case of a 

covered chemical facility for which the Secretary approved 

a site security plan before the date of enactment of the 

Protecting and Securing Chemical Facilities from Terrorist 

Attacks Act of 2014, the Secretary may not require the 

facility to resubmit the site security plan solely by reason 

of the enactment of this title. 

‘‘(4) EXPEDITED APPROVAL PROGRAM.— 

‘‘(A) IN GENERAL.—A covered chemical facility assigned 

to tier 3 or 4 may meet the requirement to develop and 

submit a site security plan under subsection (a)(2)(D) by 

developing and submitting to the Secretary— 

‘‘(i) a site security plan and the certification 

described in subparagraph (C); or 

‘‘(ii) a site security plan in conformance with a 

template authorized under subparagraph (H). 

‘‘(B) GUIDANCE FOR EXPEDITED APPROVAL FACILITIES.— 

‘‘(i) IN GENERAL.—Not later than 180 days after 

the date of enactment of the Protecting and Securing 

Chemical Facilities from Terrorist Attacks Act of 2014, 

the Secretary shall issue guidance for expedited 
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approval facilities that identifies specific security measures that are sufficient to meet the risk-based performance standards. 

‘‘(ii) MATERIAL DEVIATION FROM GUIDANCE.—If a 

security measure in the site security plan of an expedited approval facility materially deviates from a security measure in the guidance for expedited approval 

facilities, the site security plan shall include an explanation of how such security measure meets the riskbased performance standards. 

‘‘(iii) APPLICABILITY OF OTHER LAWS TO DEVELOPMENT AND ISSUANCE OF INITIAL GUIDANCE.—During the 

period before the Secretary has met the deadline under 

clause (i), in developing and issuing, or amending, 

the guidance for expedited approval facilities under 

this subparagraph and in collecting information from 

expedited approval facilities, the Secretary shall not 

be subject to— 

‘‘(I) section 553 of title 5, United States Code; 

‘‘(II) subchapter I of chapter 35 of title 44, 

United States Code; or 

‘‘(III) section 2107(b) of this title. 

‘‘(C) CERTIFICATION.—The owner or operator of an expedited approval facility shall submit to the Secretary a certification, signed under penalty of perjury, that— 

‘‘(i) the owner or operator is familiar with the 

requirements of this title and part 27 of title 6, Code 

of Federal Regulations, or any successor thereto, and 

the site security plan being submitted; 

‘‘(ii) the site security plan includes the security 

measures required by subsection (b); 

‘‘(iii)(I) the security measures in the site security 

plan do not materially deviate from the guidance for 

expedited approval facilities except where indicated 

in the site security plan; 

‘‘(II) any deviations from the guidance for expedited approval facilities in the site security plan meet 

the risk-based performance standards for the tier to 

which the facility is assigned; and 

‘‘(III) the owner or operator has provided an explanation of how the site security plan meets the riskbased performance standards for any material deviation; 

‘‘(iv) the owner or operator has visited, examined, 

documented, and verified that the expedited approval 

facility meets the criteria set forth in the site security 

plan; 

‘‘(v) the expedited approval facility has implemented all of the required performance measures outlined in the site security plan or set out planned measures that will be implemented within a reasonable 

time period stated in the site security plan; 

‘‘(vi) each individual responsible for implementing 

the site security plan has been made aware of the 

requirements relevant to the individual’s responsibility 

contained in the site security plan and has demonstrated competency to carry out those requirements; 
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‘‘(vii) the owner or operator has committed, or, 

in the case of planned measures will commit, the necessary resources to fully implement the site security 

plan; and 

‘‘(viii) the planned measures include an adequate 

procedure for addressing events beyond the control 

of the owner or operator in implementing any planned 

measures. 

‘‘(D) DEADLINE.— 

‘‘(i) IN GENERAL.—Not later than 120 days after 

the date described in clause (ii), the owner or operator 

of an expedited approval facility shall submit to the 

Secretary the site security plan and the certification 

described in subparagraph (C). 

‘‘(ii) DATE.—The date described in this clause is— 

‘‘(I) for an expedited approval facility that was 

assigned to tier 3 or 4 under existing CFATS regulations before the date of enactment of the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2014, the date that is 210 

days after the date of enactment of that Act; and 

‘‘(II) for any expedited approval facility not 

described in subclause (I), the later of— 

‘‘(aa) the date on which the expedited 

approval facility is assigned to tier 3 or 4 

under subsection (e)(2)(A); or 

‘‘(bb) the date that is 210 days after the 

date of enactment of the Protecting and 

Securing Chemical Facilities from Terrorist 

Attacks Act of 2014. 

‘‘(iii) NOTICE.—An owner or operator of an expedited approval facility shall notify the Secretary of 

the intent of the owner or operator to certify the site 

security plan for the expedited approval facility not 

later than 30 days before the date on which the owner 

or operator submits the site security plan and certification described in subparagraph (C). 

‘‘(E) COMPLIANCE.— ‘‘(i) IN GENERAL.—For an expedited approval 

facility submitting a site security plan and certification 

in accordance with subparagraphs (A), (B), (C), and 

(D)— 

‘‘(I) the expedited approval facility shall 

comply with all of the requirements of its site 

security plan; and 

‘‘(II) the Secretary— 

‘‘(aa) except as provided in subparagraph 

(G), may not disapprove the site security plan; 

and 

‘‘(bb) may audit and inspect the expedited 

approval facility under subsection (d) to verify 

compliance with its site security plan. 

‘‘(ii) NONCOMPLIANCE.—If the Secretary determines 

an expedited approval facility is not in compliance 

with the requirements of the site security plan or is 

otherwise in violation of this title, the Secretary may 

enforce compliance in accordance with section 2104. 
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‘‘(F) AMENDMENTS TO SITE SECURITY PLAN.— 

‘‘(i) REQUIREMENT.— 

‘‘(I) IN GENERAL.—If the owner or operator 

of an expedited approval facility amends a site 

security plan submitted under subparagraph (A), 

the owner or operator shall submit the amended 

site security plan and a certification relating to 

the amended site security plan that contains the 

information described in subparagraph (C). 

‘‘(II) TECHNICAL AMENDMENTS.—For purposes 

of this clause, an amendment to a site security 

plan includes any technical amendment to the site 

security plan. 

‘‘(ii) AMENDMENT REQUIRED.—The owner or operator of an expedited approval facility shall amend the 

site security plan if— 

‘‘(I) there is a change in the design, construction, operation, or maintenance of the expedited 

approval facility that affects the site security plan; 

‘‘(II) the Secretary requires additional security 

measures or suspends a certification and recommends additional security measures under 

subparagraph (G); or 

‘‘(III) the owner or operator receives notice 

from the Secretary of a change in tiering under 

subsection (e)(3). 

‘‘(iii) DEADLINE.—An amended site security plan 

and certification shall be submitted under clause (i)— 

‘‘(I) in the case of a change in design, construction, operation, or maintenance of the expedited 

approval facility that affects the security plan, not 

later than 120 days after the date on which the 

change in design, construction, operation, or 

maintenance occurred; 

‘‘(II) in the case of the Secretary requiring 

additional security measures or suspending a certification and recommending additional security 

measures under subparagraph (G), not later than 

120 days after the date on which the owner or 

operator receives notice of the requirement for 

additional security measures or suspension of the 

certification and recommendation of additional 

security measures; and 

‘‘(III) in the case of a change in tiering, not 

later than 120 days after the date on which the 

owner or operator receives notice under subsection 

(e)(3). 

‘‘(G) FACIALLY DEFICIENT SITE SECURITY PLANS.— ‘‘(i) PROHIBITION.—Notwithstanding subparagraph 

(A) or (E), the Secretary may suspend the authority 

of a covered chemical facility to certify a site security 

plan if the Secretary— 

‘‘(I) determines the certified site security plan 

or an amended site security plan is facially deficient; and 

‘‘(II) not later than 100 days after the date 

on which the Secretary receives the site security 
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plan and certification, provides the covered chemical facility with written notification that the site 

security plan is facially deficient, including a clear 

explanation of each deficiency in the site security 

plan. 

‘‘(ii) ADDITIONAL SECURITY MEASURES.— 

‘‘(I) IN GENERAL.—If, during or after a compliance inspection of an expedited approval facility, 

the Secretary determines that planned or implemented security measures in the site security plan 

of the facility are insufficient to meet the riskbased performance standards based on misrepresentation, omission, or an inadequate description 

of the site, the Secretary may— 

‘‘(aa) require additional security measures; 

or 

‘‘(bb) suspend the certification of the 

facility. 

‘‘(II) RECOMMENDATION OF ADDITIONAL SECURITY MEASURES.—If the Secretary suspends the 

certification of an expedited approval facility under 

subclause (I), the Secretary shall— 

‘‘(aa) recommend specific additional security measures that, if made part of the site 

security plan by the facility, would enable the 

Secretary to approve the site security plan; 

and 

‘‘(bb) provide the facility an opportunity 

to submit a new or modified site security plan 

and certification under subparagraph (A). 

‘‘(III) SUBMISSION; REVIEW.—If an expedited 

approval facility determines to submit a new or 

modified site security plan and certification as 

authorized under subclause (II)(bb)— 

‘‘(aa) not later than 90 days after the date 

on which the facility receives recommendations under subclause (II)(aa), the facility shall 

submit the new or modified plan and certification; and 

‘‘(bb) not later than 45 days after the date 

on which the Secretary receives the new or 

modified plan under item (aa), the Secretary 

shall review the plan and determine whether 

the plan is facially deficient. 

‘‘(IV) DETERMINATION NOT TO INCLUDE ADDITIONAL SECURITY MEASURES.— 

‘‘(aa) REVOCATION OF CERTIFICATION.—If 

an expedited approval facility does not agree 

to include in its site security plan specific additional security measures recommended by the 

Secretary under subclause (II)(aa), or does not 

submit a new or modified site security plan 

in accordance with subclause (III), the Secretary may revoke the certification of the 

facility by issuing an order under section 

2104(a)(1)(B). 
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‘‘(bb) EFFECT OF REVOCATION.—If the Secretary revokes the certification of an expedited 

approval facility under item (aa) by issuing 

an order under section 2104(a)(1)(B)— 

‘‘(AA) the order shall require the 

owner or operator of the facility to submit 

a site security plan or alternative security 

program for review by the Secretary 

review under subsection (c)(1); and 

‘‘(BB) the facility shall no longer be 

eligible to certify a site security plan 

under this paragraph. 

‘‘(V) FACIAL DEFICIENCY.—If the Secretary 

determines that a new or modified site security 

plan submitted by an expedited approval facility 

under subclause (III) is facially deficient— 

‘‘(aa) not later than 120 days after the 

date of the determination, the owner or operator of the facility shall submit a site security 

plan or alternative security program for review 

by the Secretary under subsection (c)(1); and 

‘‘(bb) the facility shall no longer be eligible 

to certify a site security plan under this paragraph. 

‘‘(H) TEMPLATES.— ‘‘(i) IN GENERAL.—The Secretary may develop 

prescriptive site security plan templates with specific 

security measures to meet the risk-based performance 

standards under subsection (a)(2)(C) for adoption and 

certification by a covered chemical facility assigned 

to tier 3 or 4 in lieu of developing and certifying 

its own plan. 

‘‘(ii) APPLICABILITY OF OTHER LAWS TO DEVELOP- MENT AND ISSUANCE OF INITIAL SITE SECURITY PLAN

TEMPLATES AND RELATED GUIDANCE.—During the 

period before the Secretary has met the deadline under 

subparagraph (B)(i), in developing and issuing, or 

amending, the site security plan templates under this 

subparagraph, in issuing guidance for implementation 

of the templates, and in collecting information from 

expedited approval facilities, the Secretary shall not 

be subject to— 

‘‘(I) section 553 of title 5, United States Code; 

‘‘(II) subchapter I of chapter 35 of title 44, 

United States Code; or 

‘‘(III) section 2107(b) of this title. 

‘‘(iii) RULE OF CONSTRUCTION.—Nothing in this 

subparagraph shall be construed to prevent a covered 

chemical facility from developing and certifying its own 

security plan in accordance with subparagraph (A). 

‘‘(I) EVALUATION.— ‘‘(i) IN GENERAL.—Not later than 18 months after 

the date of enactment of the Protecting and Securing 

Chemical Facilities from Terrorist Attacks Act of 2014, 

the Secretary shall take any appropriate action necessary for a full evaluation of the expedited approval 

program authorized under this paragraph, including 
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conducting an appropriate number of inspections, as 

authorized under subsection (d), of expedited approval 

facilities. 

‘‘(ii) REPORT.—Not later than 18 months after the 

date of enactment of the Protecting and Securing 

Chemical Facilities from Terrorist Attacks Act of 2014, 

the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate 

and the Committee on Homeland Security and the 

Committee on Energy and Commerce of the House 

of Representatives a report that contains— 

‘‘(I)(aa) the number of eligible facilities using 

the expedited approval program authorized under 

this paragraph; and 

‘‘(bb) the number of facilities that are eligible 

for the expedited approval program but are using 

the standard process for developing and submitting 

a site security plan under subsection (a)(2)(D); 

‘‘(II) any costs and efficiencies associated with 

the expedited approval program; 

‘‘(III) the impact of the expedited approval program on the backlog for site security plan approval 

and authorization inspections; 

‘‘(IV) an assessment of the ability of expedited 

approval facilities to submit facially sufficient site 

security plans; 

‘‘(V) an assessment of any impact of the expedited approval program on the security of chemical 

facilities; and 

‘‘(VI) a recommendation by the Secretary on 

the frequency of compliance inspections that may 

be required for expedited approval facilities. 

‘‘(d) COMPLIANCE.— 

‘‘(1) AUDITS AND INSPECTIONS.— 

‘‘(A) DEFINITIONS.—In this paragraph— 

‘‘(i) the term ‘nondepartmental’— 

‘‘(I) with respect to personnel, means personnel 

that is not employed by the Department; and 

‘‘(II) with respect to an entity, means an entity 

that is not a component or other authority of the 

Department; and 

‘‘(ii) the term ‘nongovernmental’— 

‘‘(I) with respect to personnel, means personnel 

that is not employed by the Federal Government; 

and 

‘‘(II) with respect to an entity, means an entity 

that is not an agency, department, or other 

authority of the Federal Government. 

‘‘(B) AUTHORITY TO CONDUCT AUDITS AND INSPECTIONS.—The Secretary shall conduct audits or inspections 

under this title using— 

‘‘(i) employees of the Department; 

‘‘(ii) nondepartmental or nongovernmental personnel approved by the Secretary; or 

‘‘(iii) a combination of individuals described in 

clauses (i) and (ii). 
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‘‘(C) SUPPORT PERSONNEL.—The Secretary may use 

nongovernmental personnel to provide administrative and 

logistical services in support of audits and inspections 

under this title. 

‘‘(D) REPORTING STRUCTURE.— 

‘‘(i) NONDEPARTMENTAL AND NONGOVERNMENTAL

AUDITS AND INSPECTIONS.—Any audit or inspection conducted by an individual employed by a nondepartmental or nongovernmental entity shall be assigned 

in coordination with a regional supervisor with responsibility for supervising inspectors within the Infrastructure Security Compliance Division of the Department 

for the region in which the audit or inspection is to 

be conducted. 

‘‘(ii) REQUIREMENT TO REPORT.—While an individual employed by a nondepartmental or nongovernmental entity is in the field conducting an audit or 

inspection under this subsection, the individual shall 

report to the regional supervisor with responsibility 

for supervising inspectors within the Infrastructure 

Security Compliance Division of the Department for 

the region in which the individual is operating. 

‘‘(iii) APPROVAL.—The authority to approve a site 

security plan under subsection (c) or determine if a 

covered chemical facility is in compliance with an 

approved site security plan shall be exercised solely 

by the Secretary or a designee of the Secretary within 

the Department. 

‘‘(E) STANDARDS FOR AUDITORS AND INSPECTORS.—The 

Secretary shall prescribe standards for the training and 

retraining of each individual used by the Department as 

an auditor or inspector, including each individual employed 

by the Department and all nondepartmental or nongovernmental personnel, including— 

‘‘(i) minimum training requirements for new auditors and inspectors; 

‘‘(ii) retraining requirements; 

‘‘(iii) minimum education and experience levels; 

‘‘(iv) the submission of information as required 

by the Secretary to enable determination of whether 

the auditor or inspector has a conflict of interest; 

‘‘(v) the proper certification or certifications necessary to handle chemical-terrorism vulnerability 

information (as defined in section 27.105 of title 6, 

Code of Federal Regulations, or any successor thereto); 

‘‘(vi) the reporting of any issue of non-compliance 

with this section to the Secretary within 24 hours; 

and 

‘‘(vii) any additional qualifications for fitness of 

duty as the Secretary may require. 

‘‘(F) CONDITIONS FOR NONGOVERNMENTAL AUDITORS

AND INSPECTORS.—If the Secretary arranges for an audit 

or inspection under subparagraph (B) to be carried out 

by a nongovernmental entity, the Secretary shall— 

‘‘(i) prescribe standards for the qualification of the 

individuals who carry out such audits and inspections 
H. R. 4007—12 

that are commensurate with the standards for similar 

Government auditors or inspectors; and 

‘‘(ii) ensure that any duties carried out by a nongovernmental entity are not inherently governmental 

functions. 

‘‘(2) PERSONNEL SURETY.— 

‘‘(A) PERSONNEL SURETY PROGRAM.—For purposes of 

this title, the Secretary shall establish and carry out a 

Personnel Surety Program that— 

‘‘(i) does not require an owner or operator of a 

covered chemical facility that voluntarily participates 

in the program to submit information about an individual more than 1 time; 

‘‘(ii) provides a participating owner or operator 

of a covered chemical facility with relevant information 

about an individual based on vetting the individual 

against the terrorist screening database, to the extent 

that such feedback is necessary for the facility to be 

in compliance with regulations promulgated under this 

title; and 

‘‘(iii) provides redress to an individual— 

‘‘(I) whose information was vetted against the 

terrorist screening database under the program; 

and 

‘‘(II) who believes that the personally identifiable information submitted to the Department for 

such vetting by a covered chemical facility, or its 

designated representative, was inaccurate. 

‘‘(B) PERSONNEL SURETY PROGRAM IMPLEMENTATION.— 

To the extent that a risk-based performance standard 

established under subsection (a) requires identifying 

individuals with ties to terrorism— 

‘‘(i) a covered chemical facility— 

‘‘(I) may satisfy its obligation under the 

standard by using any Federal screening program 

that periodically vets individuals against the terrorist screening database, or any successor program, including the Personnel Surety Program 

established under subparagraph (A); and 

‘‘(II) shall— 

‘‘(aa) accept a credential from a Federal 

screening program described in subclause (I) 

if an individual who is required to be screened 

presents such a credential; and 

‘‘(bb) address in its site security plan or 

alternative security program the measures it 

will take to verify that a credential or documentation from a Federal screening program 

described in subclause (I) is current; 

‘‘(ii) visual inspection shall be sufficient to meet 

the requirement under clause (i)(II)(bb), but the facility 

should consider other means of verification, consistent 

with the facility’s assessment of the threat posed by 

acceptance of such credentials; and 

‘‘(iii) the Secretary may not require a covered 

chemical facility to submit any information about an 

individual unless the individual— 
H. R. 4007—13 

‘‘(I) is to be vetted under the Personnel Surety 

Program; or 

‘‘(II) has been identified as presenting a terrorism security risk. 

‘‘(C) RIGHTS UNAFFECTED.—Nothing in this section 

shall supersede the ability— 

‘‘(i) of a facility to maintain its own policies 

regarding the access of individuals to restricted areas 

or critical assets; or 

‘‘(ii) of an employing facility and a bargaining 

agent, where applicable, to negotiate as to how the 

results of a background check may be used by the 

facility with respect to employment status. 

‘‘(3) AVAILABILITY OF INFORMATION.—The Secretary shall 

share with the owner or operator of a covered chemical facility 

any information that the owner or operator needs to comply 

with this section. 

‘‘(e) RESPONSIBILITIES OF THE SECRETARY.— 

‘‘(1) IDENTIFICATION OF CHEMICAL FACILITIES OF

INTEREST.—In carrying out this title, the Secretary shall consult 

with the heads of other Federal agencies, States and political 

subdivisions thereof, relevant business associations, and public 

and private labor organizations to identify all chemical facilities 

of interest. 

‘‘(2) RISK ASSESSMENT.— ‘‘(A) IN GENERAL.—For purposes of this title, the Secretary shall develop a security risk assessment approach 

and corresponding tiering methodology for covered chemical 

facilities that incorporates the relevant elements of risk, 

including threat, vulnerability, and consequence. 

‘‘(B) CRITERIA FOR DETERMINING SECURITY RISK.—The 

criteria for determining the security risk of terrorism associated with a covered chemical facility shall take into 

account— 

‘‘(i) relevant threat information; 

‘‘(ii) potential severe economic consequences and 

the potential loss of human life in the event of the 

facility being subject to attack, compromise, infiltration, or exploitation by terrorists; and 

‘‘(iii) vulnerability of the facility to attack, compromise, infiltration, or exploitation by terrorists. 

‘‘(3) CHANGES IN TIERING.— 

‘‘(A) MAINTENANCE OF RECORDS.—The Secretary shall 

document the basis for each instance in which— 

‘‘(i) tiering for a covered chemical facility is 

changed; or 

‘‘(ii) a covered chemical facility is determined to 

no longer be subject to the requirements under this 

title. 

‘‘(B) REQUIRED INFORMATION.—The records maintained 

under subparagraph (A) shall include information on 

whether and how the Secretary confirmed the information 

that was the basis for the change or determination 

described in subparagraph (A). 

‘‘(4) SEMIANNUAL PERFORMANCE REPORTING.—Not later 

than 6 months after the date of enactment of the Protecting 

and Securing Chemical Facilities from Terrorist Attacks Act 
H. R. 4007—14 

of 2014, and not less frequently than once every 6 months 

thereafter, the Secretary shall submit to the Committee on 

Homeland Security and Governmental Affairs of the Senate 

and the Committee on Homeland Security and the Committee 

on Energy and Commerce of the House of Representatives 

a report that includes, for the period covered by the report— 

‘‘(A) the number of covered chemical facilities in the 

United States; 

‘‘(B) information— 

‘‘(i) describing— 

‘‘(I) the number of instances in which the Secretary— 

‘‘(aa) placed a covered chemical facility in 

a lower risk tier; or 

‘‘(bb) determined that a facility that had 

previously met the criteria for a covered chemical facility under section 2101(3) no longer 

met the criteria; and 

‘‘(II) the basis, in summary form, for each 

action or determination under subclause (I); and 

‘‘(ii) that is provided in a sufficiently anonymized 

form to ensure that the information does not identify 

any specific facility or company as the source of the 

information when viewed alone or in combination with 

other public information; 

‘‘(C) the average number of days spent reviewing site 

security or an alternative security program for a covered 

chemical facility prior to approval; 

‘‘(D) the number of covered chemical facilities 

inspected; 

‘‘(E) the average number of covered chemical facilities 

inspected per inspector; and 

‘‘(F) any other information that the Secretary determines will be helpful to Congress in evaluating the performance of the Chemical Facility Anti-Terrorism Standards 

Program. 

‘‘SEC. 2103. PROTECTION AND SHARING OF INFORMATION. 

‘‘(a) IN GENERAL.—Notwithstanding any other provision of law, 

information developed under this title, including vulnerability 

assessments, site security plans, and other security related information, records, and documents shall be given protections from public 

disclosure consistent with the protection of similar information 

under section 70103(d) of title 46, United States Code. 

‘‘(b) SHARING OF INFORMATION WITH STATES AND LOCAL

GOVERNMENTS.—Nothing in this section shall be construed to prohibit the sharing of information developed under this title, as the 

Secretary determines appropriate, with State and local government 

officials possessing a need to know and the necessary security 

clearances, including law enforcement officials and first responders, 

for the purpose of carrying out this title, provided that such information may not be disclosed pursuant to any State or local law. 

‘‘(c) SHARING OF INFORMATION WITH FIRST RESPONDERS.— 

‘‘(1) REQUIREMENT.—The Secretary shall provide to State, 

local, and regional fusion centers (as that term is defined in 

section 210A(j)(1)) and State and local government officials, 

as the Secretary determines appropriate, such information as 
H. R. 4007—15 

is necessary to help ensure that first responders are properly 

prepared and provided with the situational awareness needed 

to respond to security incidents at covered chemical facilities. 

‘‘(2) DISSEMINATION.—The Secretary shall disseminate 

information under paragraph (1) through a medium or system 

determined by the Secretary to be appropriate to ensure the 

secure and expeditious dissemination of such information to 

necessary selected individuals. 

‘‘(d) ENFORCEMENT PROCEEDINGS.—In any proceeding to enforce 

this section, vulnerability assessments, site security plans, and 

other information submitted to or obtained by the Secretary under 

this title, and related vulnerability or security information, shall 

be treated as if the information were classified information. 

‘‘(e) AVAILABILITY OF INFORMATION.—Notwithstanding any 

other provision of law (including section 552(b)(3) of title 5, United 

States Code), section 552 of title 5, United States Code (commonly 

known as the ‘Freedom of Information Act’) shall not apply to 

information protected from public disclosure pursuant to subsection 

(a) of this section. 

‘‘(f) SHARING OF INFORMATION WITH MEMBERS OF CONGRESS.— 

Nothing in this section shall prohibit the Secretary from disclosing 

information developed under this title to a Member of Congress 

in response to a request by a Member of Congress. 

‘‘SEC. 2104. CIVIL ENFORCEMENT. 

‘‘(a) NOTICE OF NONCOMPLIANCE.— 

‘‘(1) NOTICE.—If the Secretary determines that a covered 

chemical facility is not in compliance with this title, the Secretary shall— 

‘‘(A) provide the owner or operator of the facility with— 

‘‘(i) not later than 14 days after date on which 

the Secretary makes the determination, a written 

notification of noncompliance that includes a clear 

explanation of any deficiency in the security vulnerability assessment or site security plan; and 

‘‘(ii) an opportunity for consultation with the Secretary or the Secretary’s designee; and 

‘‘(B) issue to the owner or operator of the facility an 

order to comply with this title by a date specified by the 

Secretary in the order, which date shall be not later than 

180 days after the date on which the Secretary issues 

the order. 

‘‘(2) CONTINUED NONCOMPLIANCE.—If an owner or operator 

remains noncompliant after the procedures outlined in paragraph (1) have been executed, or demonstrates repeated violations of this title, the Secretary may enter an order in accordance with this section assessing a civil penalty, an order to 

cease operations, or both. 

‘‘(b) CIVIL PENALTIES.— ‘‘(1) VIOLATIONS OF ORDERS.—Any person who violates an 

order issued under this title shall be liable for a civil penalty 

under section 70119(a) of title 46, United States Code. 

‘‘(2) NON-REPORTING CHEMICAL FACILITIES OF INTEREST.— 

Any owner of a chemical facility of interest who fails to comply 

with, or knowingly submits false information under, this title 

or the CFATS regulations shall be liable for a civil penalty 

under section 70119(a) of title 46, United States Code. 
H. R. 4007—16 

‘‘(c) EMERGENCY ORDERS.— 

‘‘(1) IN GENERAL.—Notwithstanding subsection (a) or any 

site security plan or alternative security program approved 

under this title, if the Secretary determines that there is an 

imminent threat of death, serious illness, or severe personal 

injury, due to a violation of this title or the risk of a terrorist 

incident that may affect a chemical facility of interest, the 

Secretary— 

‘‘(A) shall consult with the facility, if practicable, on 

steps to mitigate the risk; and 

‘‘(B) may order the facility, without notice or opportunity for a hearing, effective immediately or as soon as 

practicable, to— 

‘‘(i) implement appropriate emergency security 

measures; or 

‘‘(ii) cease or reduce some or all operations, in 

accordance with safe shutdown procedures, if the Secretary determines that such a cessation or reduction 

of operations is the most appropriate means to address 

the risk. 

‘‘(2) LIMITATION ON DELEGATION.—The Secretary may not 

delegate the authority under paragraph (1) to any official other 

than the Under Secretary responsible for overseeing critical 

infrastructure protection, cybersecurity, and other related programs of the Department appointed under section 103(a)(1)(H). 

‘‘(3) LIMITATION ON AUTHORITY.—The Secretary may exercise the authority under this subsection only to the extent 

necessary to abate the imminent threat determination under 

paragraph (1). 

‘‘(4) DUE PROCESS FOR FACILITY OWNER OR OPERATOR.— ‘‘(A) WRITTEN ORDERS.—An order issued by the Secretary under paragraph (1) shall be in the form of a written 

emergency order that— 

‘‘(i) describes the violation or risk that creates 

the imminent threat; 

‘‘(ii) states the security measures or order issued 

or imposed; and 

‘‘(iii) describes the standards and procedures for 

obtaining relief from the order. 

‘‘(B) OPPORTUNITY FOR REVIEW.—After issuing an order 

under paragraph (1) with respect to a chemical facility 

of interest, the Secretary shall provide for review of the 

order under section 554 of title 5 if a petition for review 

is filed not later than 20 days after the date on which 

the Secretary issues the order. 

‘‘(C) EXPIRATION OF EFFECTIVENESS OF ORDER.—If a 

petition for review of an order is filed under subparagraph 

(B) and the review under that paragraph is not completed 

by the last day of the 30-day period beginning on the 

date on which the petition is filed, the order shall vacate 

automatically at the end of that period unless the Secretary 

determines, in writing, that the imminent threat providing 

a basis for the order continues to exist. 

‘‘(d) RIGHT OF ACTION.—Nothing in this title confers upon any 

person except the Secretary or his or her designee a right of action 

against an owner or operator of a covered chemical facility to 

enforce any provision of this title. 
H. R. 4007—17 

‘‘SEC. 2105. WHISTLEBLOWER PROTECTIONS. 

‘‘(a) PROCEDURE FOR REPORTING PROBLEMS.— ‘‘(1) ESTABLISHMENT OF A REPORTING PROCEDURE.—Not 

later than 180 days after the date of enactment of the Protecting 

and Securing Chemical Facilities from Terrorist Attacks Act 

of 2014, the Secretary shall establish, and provide information 

to the public regarding, a procedure under which any employee 

or contractor of a chemical facility of interest may submit 

a report to the Secretary regarding a violation of a requirement 

under this title. 

‘‘(2) CONFIDENTIALITY.—The Secretary shall keep confidential the identity of an individual who submits a report under 

paragraph (1) and any such report shall be treated as a record 

containing protected information to the extent that the report 

does not consist of publicly available information. 

‘‘(3) ACKNOWLEDGMENT OF RECEIPT.—If a report submitted 

under paragraph (1) identifies the individual making the report, 

the Secretary shall promptly respond to the individual directly 

and shall promptly acknowledge receipt of the report. 

‘‘(4) STEPS TO ADDRESS PROBLEMS.—The Secretary— 

‘‘(A) shall review and consider the information provided 

in any report submitted under paragraph (1); and 

‘‘(B) may take action under section 2104 of this title 

if necessary to address any substantiated violation of a 

requirement under this title identified in the report. 

‘‘(5) DUE PROCESS FOR FACILITY OWNER OR OPERATOR.— 

‘‘(A) IN GENERAL.—If, upon the review described in 

paragraph (4), the Secretary determines that a violation 

of a provision of this title, or a regulation prescribed under 

this title, has occurred, the Secretary may— 

‘‘(i) institute a civil enforcement under section 

2104(a) of this title; or 

‘‘(ii) if the Secretary makes the determination 

under section 2104(c), issue an emergency order. 

‘‘(B) WRITTEN ORDERS.—The action of the Secretary 

under paragraph (4) shall be in a written form that— 

‘‘(i) describes the violation; 

‘‘(ii) states the authority under which the Secretary 

is proceeding; and 

‘‘(iii) describes the standards and procedures for 

obtaining relief from the order. 

‘‘(C) OPPORTUNITY FOR REVIEW.—After taking action 

under paragraph (4), the Secretary shall provide for review 

of the action if a petition for review is filed within 20 

calendar days of the date of issuance of the order for 

the action. 

‘‘(D) EXPIRATION OF EFFECTIVENESS OF ORDER.—If a 

petition for review of an action is filed under subparagraph 

(C) and the review under that subparagraph is not completed by the end of the 30-day period beginning on the 

date the petition is filed, the action shall cease to be effective at the end of such period unless the Secretary determines, in writing, that the violation providing a basis for 

the action continues to exist. 

‘‘(6) RETALIATION PROHIBITED.— ‘‘(A) IN GENERAL.—An owner or operator of a chemical 

facility of interest or agent thereof may not discharge an 
H. R. 4007—18 

employee or otherwise discriminate against an employee 

with respect to the compensation provided to, or terms, 

conditions, or privileges of the employment of, the employee 

because the employee (or an individual acting pursuant 

to a request of the employee) submitted a report under 

paragraph (1). 

‘‘(B) EXCEPTION.—An employee shall not be entitled 

to the protections under this section if the employee— 

‘‘(i) knowingly and willfully makes any false, fictitious, or fraudulent statement or representation; or 

‘‘(ii) uses any false writing or document knowing 

the writing or document contains any false, fictitious, 

or fraudulent statement or entry. 

‘‘(b) PROTECTED DISCLOSURES.—Nothing in this title shall be 

construed to limit the right of an individual to make any disclosure— 

‘‘(1) protected or authorized under section 2302(b)(8) or 

7211 of title 5, United States Code; 

‘‘(2) protected under any other Federal or State law that 

shields the disclosing individual against retaliation or discrimination for having made the disclosure in the public interest; 

or 

‘‘(3) to the Special Counsel of an agency, the inspector 

general of an agency, or any other employee designated by 

the head of an agency to receive disclosures similar to the 

disclosures described in paragraphs (1) and (2). 

‘‘(c) PUBLICATION OF RIGHTS.—The Secretary, in partnership 

with industry associations and labor organizations, shall make publicly available both physically and online the rights that an individual who discloses information, including security-sensitive 

information, regarding problems, deficiencies, or vulnerabilities at 

a covered chemical facility would have under Federal whistleblower 

protection laws or this title. 

‘‘(d) PROTECTED INFORMATION.—All information contained in 

a report made under this subsection (a) shall be protected in accordance with section 2103. 

‘‘SEC. 2106. RELATIONSHIP TO OTHER LAWS. 

‘‘(a) OTHER FEDERAL LAWS.—Nothing in this title shall be construed to supersede, amend, alter, or affect any Federal law that— 

‘‘(1) regulates (including by requiring information to be 

submitted or made available) the manufacture, distribution 

in commerce, use, handling, sale, other treatment, or disposal 

of chemical substances or mixtures; or 

‘‘(2) authorizes or requires the disclosure of any record 

or information obtained from a chemical facility under any 

law other than this title. 

‘‘(b) STATES AND POLITICAL SUBDIVISIONS.—This title shall not 

preclude or deny any right of any State or political subdivision 

thereof to adopt or enforce any regulation, requirement, or standard 

of performance with respect to chemical facility security that is 

more stringent than a regulation, requirement, or standard of 

performance issued under this section, or otherwise impair any 

right or jurisdiction of any State with respect to chemical facilities 

within that State, unless there is an actual conflict between this 

section and the law of that State. 
H. R. 4007—19 

‘‘SEC. 2107. CFATS REGULATIONS. 

‘‘(a) GENERAL AUTHORITY.—The Secretary may, in accordance 

with chapter 5 of title 5, United States Code, promulgate regulations 

or amend existing CFATS regulations to implement the provisions 

under this title. 

‘‘(b) EXISTING CFATS REGULATIONS.— 

‘‘(1) IN GENERAL.—Notwithstanding section 4(b) of the Protecting and Securing Chemical Facilities from Terrorist Attacks 

Act of 2014, each existing CFATS regulation shall remain in 

effect unless the Secretary amends, consolidates, or repeals 

the regulation. 

‘‘(2) REPEAL.—Not later than 30 days after the date of 

enactment of the Protecting and Securing Chemical Facilities 

from Terrorist Attacks Act of 2014, the Secretary shall repeal 

any existing CFATS regulation that the Secretary determines 

is duplicative of, or conflicts with, this title. 

‘‘(c) AUTHORITY.—The Secretary shall exclusively rely upon 

authority provided under this title in— 

‘‘(1) determining compliance with this title; 

‘‘(2) identifying chemicals of interest; and 

‘‘(3) determining security risk associated with a chemical 

facility. 

‘‘SEC. 2108. SMALL COVERED CHEMICAL FACILITIES. 

‘‘(a) DEFINITION.—In this section, the term ‘small covered chemical facility’ means a covered chemical facility that— 

‘‘(1) has fewer than 100 employees employed at the covered 

chemical facility; and 

‘‘(2) is owned and operated by a small business concern 

(as defined in section 3 of the Small Business Act (15 U.S.C. 

632)). 

‘‘(b) ASSISTANCE TO FACILITIES.—The Secretary may provide 

guidance and, as appropriate, tools, methodologies, or computer 

software, to assist small covered chemical facilities in developing 

the physical security, cybersecurity, recordkeeping, and reporting 

procedures required under this title. 

‘‘(c) REPORT.—The Secretary shall submit to the Committee 

on Homeland Security and Governmental Affairs of the Senate 

and the Committee on Homeland Security and the Committee on 

Energy and Commerce of the House of Representatives a report 

on best practices that may assist small covered chemical facilities 

in development of physical security best practices. 

‘‘SEC. 2109. OUTREACH TO CHEMICAL FACILITIES OF INTEREST. 

‘‘Not later than 90 days after the date of enactment of the 

Protecting and Securing Chemical Facilities from Terrorist Attacks 

Act of 2014, the Secretary shall establish an outreach implementation plan, in coordination with the heads of other appropriate Federal and State agencies, relevant business associations, and public 

and private labor organizations, to— 

‘‘(1) identify chemical facilities of interest; and 

‘‘(2) make available compliance assistance materials and 

information on education and training.’’. 

(b) CLERICAL AMENDMENT.—The table of contents in section 

1(b) of the Homeland Security Act of 2002 (Public Law 107–196; 

116 Stat. 2135) is amended by adding at the end the following: 
H. R. 4007—20 

‘‘TITLE XXI—CHEMICAL FACILITY ANTI–TERRORISM STANDARDS 

‘‘Sec. 2101. Definitions. 

‘‘Sec. 2102. Chemical Facility Anti-Terrorism Standards Program. 

‘‘Sec. 2103. Protection and sharing of information.– 

‘‘Sec. 2104. Civil enforcement. 

‘‘Sec. 2105. Whistleblower protections. 

‘‘Sec. 2106. Relationship to other laws. 

‘‘Sec. 2107. CFATS regulations. 

‘‘Sec. 2108. Small covered chemical facilities. 

‘‘Sec. 2109. Outreach to chemical facilities of interest.’’. 

SEC. 3. ASSESSMENT; REPORTS. 

(a) DEFINITIONS.—In this section— 

(1) the term ‘‘Chemical Facility Anti-Terrorism Standards 

Program’’ means— 

(A) the Chemical Facility Anti-Terrorism Standards 

program initially authorized under section 550 of the 

Department of Homeland Security Appropriations Act, 2007 

(Public Law 109–295; 6 U.S.C. 121 note); and 

(B) the Chemical Facility Anti-Terrorism Standards 

Program subsequently authorized under section 2102(a) 

of the Homeland Security Act of 2002, as added by section 

2; 

(2) the term ‘‘Department’’ means the Department of Homeland Security; and 

(3) the term ‘‘Secretary’’ means the Secretary of Homeland 

Security. 

(b) THIRD-PARTY ASSESSMENT.—Using amounts appropriated to 

the Department before the date of enactment of this Act, the Secretary shall commission a third-party study to assess vulnerabilities 

of covered chemical facilities, as defined in section 2101 of the 

Homeland Security Act of 2002 (as added by section 2), to acts 

of terrorism. 

(c) REPORTS.— (1) REPORT TO CONGRESS.—Not later than 18 months after 

the date of enactment of this Act, the Secretary shall submit 

to the Committee on Homeland Security and Governmental 

Affairs of the Senate and the Committee on Homeland Security 

and the Committee on Energy and Commerce of the House 

of Representatives a report on the Chemical Facility AntiTerrorism Standards Program that includes— 

(A) a certification by the Secretary that the Secretary 

has made significant progress in the identification of all 

chemical facilities of interest under section 2102(e)(1) of 

the Homeland Security Act of 2002, as added by section 

2, including— 

(i) a description of the steps taken to achieve that 

progress and the metrics used to measure the progress; 

(ii) information on whether facilities that submitted Top-Screens as a result of the identification 

of chemical facilities of interest were tiered and in 

what tiers those facilities were placed; and 

(iii) an action plan to better identify chemical facilities of interest and bring those facilities into compliance with title XXI of the Homeland Security Act of 

2002, as added by section 2; 

(B) a certification by the Secretary that the Secretary 

has developed a risk assessment approach and corresponding tiering methodology under section 2102(e)(2) 
H. R. 4007—21 

of the Homeland Security Act of 2002, as added by section 

2; 

(C) an assessment by the Secretary of the implementation by the Department of the recommendations made by 

the Homeland Security Studies and Analysis Institute as 

outlined in the Institute’s Tiering Methodology Peer Review 

(Publication Number: RP12–22–02); and 

(D) a description of best practices that may assist 

small covered chemical facilities, as defined in section 

2108(a) of the Homeland Security Act of 2002, as added 

by section 2, in the development of physical security best 

practices. 

(2) ANNUAL GAO REPORT.— 

(A) IN GENERAL.—During the 3-year period beginning 

on the date of enactment of this Act, the Comptroller 

General of the United States shall submit to Congress 

an annual report that assesses the implementation of this 

Act and the amendments made by this Act. 

(B) INITIAL REPORT.—Not later than 180 days after 

the date of enactment of this Act, the Comptroller General 

shall submit to Congress the first report under subparagraph (A). 

(C) SECOND ANNUAL REPORT.—Not later than 1 year 

after the date of the initial report required under subparagraph (B), the Comptroller General shall submit to Congress the second report under subparagraph (A), which 

shall include an assessment of the whistleblower protections provided under section 2105 of the Homeland Security 

Act of 2002, as added by section 2, and— 

(i) describes the number and type of problems, 

deficiencies, and vulnerabilities with respect to which 

reports have been submitted under such section 2105; 

(ii) evaluates the efforts of the Secretary in 

addressing the problems, deficiencies, and 

vulnerabilities described in subsection (a)(1) of such 

section 2105; and 

(iii) evaluates the efforts of the Secretary to inform 

individuals of their rights, as required under subsection 

(c) of such section 2105. 

(D) THIRD ANNUAL REPORT.—Not later than 1 year 

after the date on which the Comptroller General submits 

the second report required under subparagraph (A), the 

Comptroller General shall submit to Congress the third 

report under subparagraph (A), which shall include an 

assessment of— 

(i) the expedited approval program authorized 

under section 2102(c)(4) of the Homeland Security Act 

of 2002, as added by section 2; and 

(ii) the report on the expedited approval program 

submitted by the Secretary under subparagraph (I)(ii) 

of such section 2102(c)(4). 

SEC. 4. EFFECTIVE DATE; CONFORMING REPEAL. 

(a) EFFECTIVE DATE.—This Act, and the amendments made 

by this Act, shall take effect on the date that is 30 days after 

the date of enactment of this Act. 
H. R. 4007—22 

(b) CONFORMING REPEAL.—Section 550 of the Department of 

Homeland Security Appropriations Act, 2007 (Public Law 109–295; 

120 Stat. 1388), is repealed as of the effective date of this Act. 

SEC. 5. TERMINATION. 

The authority provided under title XXI of the Homeland Security Act of 2002, as added by section 2(a), shall terminate on 

the date that is 4 years after the effective date of this Act. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.