In the Senate of the United States, 

December 10, 2014. 

Resolved, That the bill from the House of Representatives (H.R. 4007) entitled ‘‘An Act to recodify and reauthorize the Chemical Facility Anti-Terrorism Standards Program.’’, do pass with the following 

AMENDMENT: 

In lieu of the matter proposed to be inserted, insert 

the following: 

1 SECTION 1. SHORT TITLE. 

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

3 Chemical Facilities from Terrorist Attacks Act of 2014’’. 

4 SEC. 2. CHEMICAL FACILITY ANTI-TERRORISM STANDARDS 

5 PROGRAM. 

6 (a) IN GENERAL.—The Homeland Security Act of 

7 2002 (6 U.S.C. 101 et seq.) is amended by adding at the 

8 end the following: 
2 

† HR 4007 EAS 

1 ‘‘TITLE XXI—CHEMICAL FACILITY 

2 ANTI–TERRORISM STANDARDS 

3 ‘‘SEC. 2101. DEFINITIONS. 

4 ‘‘In this title— 

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

6 ‘‘(A) an existing CFATS regulation; and 

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

8 existing CFATS regulation issued pursuant to 

9 the authority under section 2107; 

10 ‘‘(2) the term ‘chemical facility of interest’ 

11 means a facility that— 

12 ‘‘(A) holds, or that the Secretary has a rea13 sonable basis to believe holds, a chemical of inter14 est, as designated under Appendix A to part 27 

15 of title 6, Code of Federal Regulations, or any 

16 successor thereto, at a threshold quantity set pur17 suant to relevant risk-related security principles; 

18 and 

19 ‘‘(B) is not an excluded facility; 

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

21 facility that— 

22 ‘‘(A) the Secretary— 

23 ‘‘(i) identifies as a chemical facility of 

24 interest; and 
3 

† HR 4007 EAS 

1 ‘‘(ii) based upon review of the facility’s 

2 Top-Screen, determines meets the risk cri3 teria developed under section 2102(e)(2)(B); 

4 and 

5 ‘‘(B) is not an excluded facility; 

6 ‘‘(4) the term ‘excluded facility’ means— 

7 ‘‘(A) a facility regulated under the Mari8 time Transportation Security Act of 2002 (Pub9 lic Law 107–295; 116 Stat. 2064); 

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

11 defined in section 1401 of the Safe Drinking 

12 Water Act (42 U.S.C. 300f); 

13 ‘‘(C) a Treatment Works, as that term is de14 fined in section 212 of the Federal Water Pollu15 tion Control Act (33 U.S.C. 1292); 

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

17 Department of Defense or the Department of En18 ergy; or 

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

20 Nuclear Regulatory Commission, or by a State 

21 that has entered into an agreement with the Nu22 clear Regulatory Commission under section 274 

23 b. of the Atomic Energy Act of 1954 (42 U.S.C. 

24 2021(b)) to protect against unauthorized access 
4 

† HR 4007 EAS 

1 of any material, activity, or structure licensed by 

2 the Nuclear Regulatory Commission; 

3 ‘‘(5) the term ‘existing CFATS regulation’ 

4 means— 

5 ‘‘(A) a regulation promulgated under sec6 tion 550 of the Department of Homeland Secu7 rity Appropriations Act, 2007 (Public Law 109– 

8 295; 6 U.S.C. 121 note) that is in effect on the 

9 day before the date of enactment of the Pro10 tecting and Securing Chemical Facilities from 

11 Terrorist Attacks Act of 2014; and 

12 ‘‘(B) a Federal Register notice or other pub13 lished guidance relating to section 550 of the De14 partment of Homeland Security Appropriations 

15 Act, 2007 that is in effect on the day before the 

16 date of enactment of the Protecting and Securing 

17 Chemical Facilities from Terrorist Attacks Act of 

18 2014; 

19 ‘‘(6) the term ‘expedited approval facility’ means 

20 a covered chemical facility for which the owner or op21 erator elects to submit a site security plan in accord22 ance with section 2102(c)(4); 

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

24 site security plan, means a site security plan that 

25 does not support a certification that the security 
5 

† HR 4007 EAS 

1 measures in the plan address the security vulner2 ability assessment and the risk-based performance 

3 standards for security for the facility, based on a re4 view of— 

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

6 ‘‘(B) the facility’s Top-Screen; 

7 ‘‘(C) the facility’s security vulnerability as8 sessment; or 

9 ‘‘(D) any other information that— 

10 ‘‘(i) the facility submits to the Depart11 ment; or 

12 ‘‘(ii) the Department obtains from a 

13 public source or other source; 

14 ‘‘(8) the term ‘guidance for expedited approval 

15 facilities’ means the guidance issued under section 

16 2102(c)(4)(B)(i); 

17 ‘‘(9) the term ‘risk assessment’ means the Sec18 retary’s application of relevant risk criteria identified 

19 in section 2102(e)(2)(B); 

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

21 means the terrorist screening database maintained by 

22 the Federal Government Terrorist Screening Center or 

23 its successor; 
6 

† HR 4007 EAS 

1 ‘‘(11) the term ‘tier’ has the meaning given the 

2 term in section 27.105 of title 6, Code of Federal Reg3 ulations, or any successor thereto; 

4 ‘‘(12) the terms ‘tiering’ and ‘tiering method5 ology’ mean the procedure by which the Secretary as6 signs a tier to each covered chemical facility based on 

7 the risk assessment for that covered chemical facility; 

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

9 given the term in section 27.105 of title 6, Code of 

10 Federal Regulations, or any successor thereto; and 

11 ‘‘(14) the term ‘vulnerability assessment’ means 

12 the identification of weaknesses in the security of a 

13 chemical facility of interest. 

14 ‘‘SEC. 2102. CHEMICAL FACILITY ANTI-TERRORISM STAND15 ARDS PROGRAM. 

16 ‘‘(a) PROGRAM ESTABLISHED.— 

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

18 a Chemical Facility Anti-Terrorism Standards Pro19 gram. 

20 ‘‘(2) REQUIREMENTS.—In carrying out the 

21 Chemical Facility Anti-Terrorism Standards Pro22 gram, the Secretary shall— 

23 ‘‘(A) identify— 

24 ‘‘(i) chemical facilities of interest; and 

25 ‘‘(ii) covered chemical facilities; 
7 

† HR 4007 EAS 

1 ‘‘(B) require each chemical facility of inter2 est to submit a Top-Screen and any other infor3 mation the Secretary determines necessary to en4 able the Department to assess the security risks 

5 associated with the facility; 

6 ‘‘(C) establish risk-based performance stand7 ards designed to address high levels of security 

8 risk at covered chemical facilities; and 

9 ‘‘(D) require each covered chemical facility 

10 to— 

11 ‘‘(i) submit a security vulnerability as12 sessment; and 

13 ‘‘(ii) develop, submit, and implement a 

14 site security plan. 

15 ‘‘(b) SECURITY MEASURES.— 

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

17 site security plan as required under subsection (a), 

18 shall include security measures that, in combination, 

19 appropriately address the security vulnerability as20 sessment and the risk-based performance standards 

21 for security for the facility. 

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

23 practicable, a facility’s security vulnerability assess24 ment and site security plan shall include input from 

25 at least 1 facility employee and, where applicable, 1 
8 

† HR 4007 EAS 

1 employee representative from the bargaining agent at 

2 that facility, each of whom possesses, in the deter3 mination of the facility’s security officer, relevant 

4 knowledge, experience, training, or education as per5 tains to matters of site security. 

6 ‘‘(c) APPROVAL OR DISAPPROVAL OF SITE SECURITY

7 PLANS.— 

8 ‘‘(1) IN GENERAL.— 

9 ‘‘(A) REVIEW.—Except as provided in 

10 paragraph (4), the Secretary shall review and 

11 approve or disapprove each site security plan 

12 submitted pursuant to subsection (a). 

13 ‘‘(B) BASES FOR DISAPPROVAL.—The Sec14 retary— 

15 ‘‘(i) may not disapprove a site security 

16 plan based on the presence or absence of a 

17 particular security measure; and 

18 ‘‘(ii) shall disapprove a site security 

19 plan if the plan fails to satisfy the risk20 based performance standards established 

21 pursuant to subsection (a)(2)(C). 

22 ‘‘(2) ALTERNATIVE SECURITY PROGRAMS.— 

23 ‘‘(A) AUTHORITY TO APPROVE.— 

24 ‘‘(i) IN GENERAL.—The Secretary may 

25 approve an alternative security program es-
9 

† HR 4007 EAS 

1 tablished by a private sector entity or a 

2 Federal, State, or local authority or under 

3 other applicable laws, if the Secretary deter4 mines that the requirements of the program 

5 meet the requirements under this section. 

6 ‘‘(ii) ADDITIONAL SECURITY MEAS7 URES.—If the requirements of an alter8 native security program do not meet the re9 quirements under this section, the Secretary 

10 may recommend additional security meas11 ures to the program that will enable the 

12 Secretary to approve the program. 

13 ‘‘(B) SATISFACTION OF SITE SECURITY

14 PLAN REQUIREMENT.—A covered chemical facil15 ity may satisfy the site security plan require16 ment under subsection (a) by adopting an alter17 native security program that the Secretary has— 

18 ‘‘(i) reviewed and approved under sub19 paragraph (A); and 

20 ‘‘(ii) determined to be appropriate for 

21 the operations and security concerns of the 

22 covered chemical facility. 

23 ‘‘(3) SITE SECURITY PLAN ASSESSMENTS.— 

24 ‘‘(A) RISK ASSESSMENT POLICIES AND PRO25 CEDURES.—In approving or disapproving a site 
10 

† HR 4007 EAS 

1 security plan under this subsection, the Sec2 retary shall employ the risk assessment policies 

3 and procedures developed under this title. 

4 ‘‘(B) PREVIOUSLY APPROVED PLANS.—In 

5 the case of a covered chemical facility for which 

6 the Secretary approved a site security plan be7 fore the date of enactment of the Protecting and 

8 Securing Chemical Facilities from Terrorist At9 tacks Act of 2014, the Secretary may not require 

10 the facility to resubmit the site security plan 

11 solely by reason of the enactment of this title. 

12 ‘‘(4) EXPEDITED APPROVAL PROGRAM.— 

13 ‘‘(A) IN GENERAL.—A covered chemical fa14 cility assigned to tier 3 or 4 may meet the re15 quirement to develop and submit a site security 

16 plan under subsection (a)(2)(D) by developing 

17 and submitting to the Secretary— 

18 ‘‘(i) a site security plan and the cer19 tification described in subparagraph (C); or 

20 ‘‘(ii) a site security plan in conform21 ance with a template authorized under sub22 paragraph (H). 

23 ‘‘(B) GUIDANCE FOR EXPEDITED APPROVAL

24 FACILITIES.— 
11 

† HR 4007 EAS 

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

2 days after the date of enactment of the Pro3 tecting and Securing Chemical Facilities 

4 from Terrorist Attacks Act of 2014, the Sec5 retary shall issue guidance for expedited ap6 proval facilities that identifies specific secu7 rity measures that are sufficient to meet the 

8 risk-based performance standards. 

9 ‘‘(ii) MATERIAL DEVIATION FROM

10 GUIDANCE.—If a security measure in the 

11 site security plan of an expedited approval 

12 facility materially deviates from a security 

13 measure in the guidance for expedited ap14 proval facilities, the site security plan shall 

15 include an explanation of how such security 

16 measure meets the risk-based performance 

17 standards. 

18 ‘‘(iii) APPLICABILITY OF OTHER LAWS

19 TO DEVELOPMENT AND ISSUANCE OF INI20 TIAL GUIDANCE.—During the period before 

21 the Secretary has met the deadline under 

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

23 amending, the guidance for expedited ap24 proval facilities under this subparagraph 

25 and in collecting information from expe-
12 

† HR 4007 EAS 

1 dited approval facilities, the Secretary shall 

2 not be subject to— 

3 ‘‘(I) section 553 of title 5, United 

4 States Code; 

5 ‘‘(II) subchapter I of chapter 35 of 

6 title 44, United States Code; or 

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

8 ‘‘(C) CERTIFICATION.—The owner or oper9 ator of an expedited approval facility shall sub10 mit to the Secretary a certification, signed under 

11 penalty of perjury, that— 

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

13 with the requirements of this title and part 

14 27 of title 6, Code of Federal Regulations, 

15 or any successor thereto, and the site secu16 rity plan being submitted; 

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

18 security measures required by subsection 

19 (b); 

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

21 site security plan do not materially deviate 

22 from the guidance for expedited approval 

23 facilities except where indicated in the site 

24 security plan; 
13 

† HR 4007 EAS 

1 ‘‘(II) any deviations from the guidance 

2 for expedited approval facilities in the site 

3 security plan meet the risk-based perform4 ance standards for the tier to which the fa5 cility is assigned; and 

6 ‘‘(III) the owner or operator has pro7 vided an explanation of how the site secu8 rity plan meets the risk-based performance 

9 standards for any material deviation; 

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

11 examined, documented, and verified that the 

12 expedited approval facility meets the cri13 teria set forth in the site security plan; 

14 ‘‘(v) the expedited approval facility has 

15 implemented all of the required performance 

16 measures outlined in the site security plan 

17 or set out planned measures that will be im18 plemented within a reasonable time period 

19 stated in the site security plan; 

20 ‘‘(vi) each individual responsible for 

21 implementing the site security plan has 

22 been made aware of the requirements rel23 evant to the individual’s responsibility con24 tained in the site security plan and has 
14 

† HR 4007 EAS 

1 demonstrated competency to carry out those 

2 requirements; 

3 ‘‘(vii) the owner or operator has com4 mitted, or, in the case of planned measures 

5 will commit, the necessary resources to fully 

6 implement the site security plan; and 

7 ‘‘(viii) the planned measures include 

8 an adequate procedure for addressing events 

9 beyond the control of the owner or operator 

10 in implementing any planned measures. 

11 ‘‘(D) DEADLINE.— 

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

13 days after the date described in clause (ii), 

14 the owner or operator of an expedited ap15 proval facility shall submit to the Secretary 

16 the site security plan and the certification 

17 described in subparagraph (C). 

18 ‘‘(ii) DATE.—The date described in 

19 this clause is— 

20 ‘‘(I) for an expedited approval fa21 cility that was assigned to tier 3 or 4 

22 under existing CFATS regulations be23 fore the date of enactment of the Pro24 tecting and Securing Chemical Facili25 ties from Terrorist Attacks Act of 2014, 
15 

† HR 4007 EAS 

1 the date that is 210 days after the date 

2 of enactment of that Act; and 

3 ‘‘(II) for any expedited approval 

4 facility not described in subclause (I), 

5 the later of— 

6 ‘‘(aa) the date on which the 

7 expedited approval facility is as8 signed to tier 3 or 4 under sub9 section (e)(2)(A); or 

10 ‘‘(bb) the date that is 210 

11 days after the date of enactment 

12 of the Protecting and Securing 

13 Chemical Facilities from Terrorist 

14 Attacks Act of 2014. 

15 ‘‘(iii) NOTICE.—An owner or operator 

16 of an expedited approval facility shall no17 tify the Secretary of the intent of the owner 

18 or operator to certify the site security plan 

19 for the expedited approval facility not later 

20 than 30 days before the date on which the 

21 owner or operator submits the site security 

22 plan and certification described in subpara23 graph (C). 

24 ‘‘(E) COMPLIANCE.— 
16 

† HR 4007 EAS 

1 ‘‘(i) IN GENERAL.—For an expedited 

2 approval facility submitting a site security 

3 plan and certification in accordance with 

4 subparagraphs (A), (B), (C), and (D)— 

5 ‘‘(I) the expedited approval facil6 ity shall comply with all of the re7 quirements of its site security plan; 

8 and 

9 ‘‘(II) the Secretary— 

10 ‘‘(aa) except as provided in 

11 subparagraph (G), may not dis12 approve the site security plan; 

13 and 

14 ‘‘(bb) may audit and inspect 

15 the expedited approval facility 

16 under subsection (d) to verify 

17 compliance with its site security 

18 plan. 

19 ‘‘(ii) NONCOMPLIANCE.—If the Sec20 retary determines an expedited approval fa21 cility is not in compliance with the require22 ments of the site security plan or is other23 wise in violation of this title, the Secretary 

24 may enforce compliance in accordance with 

25 section 2104. 
17 

† HR 4007 EAS 

1 ‘‘(F) AMENDMENTS TO SITE SECURITY

2 PLAN.— 

3 ‘‘(i) REQUIREMENT.— 

4 ‘‘(I) IN GENERAL.—If the owner 

5 or operator of an expedited approval 

6 facility amends a site security plan 

7 submitted under subparagraph (A), the 

8 owner or operator shall submit the 

9 amended site security plan and a cer10 tification relating to the amended site 

11 security plan that contains the infor12 mation described in subparagraph (C). 

13 ‘‘(II) TECHNICAL AMENDMENTS.— 

14 For purposes of this clause, an amend15 ment to a site security plan includes 

16 any technical amendment to the site 

17 security plan. 

18 ‘‘(ii) AMENDMENT REQUIRED.—The 

19 owner or operator of an expedited approval 

20 facility shall amend the site security plan 

21 if— 

22 ‘‘(I) there is a change in the de23 sign, construction, operation, or main24 tenance of the expedited approval facil25 ity that affects the site security plan; 
18 

† HR 4007 EAS 

1 ‘‘(II) the Secretary requires addi2 tional security measures or suspends a 

3 certification and recommends addi4 tional security measures under sub5 paragraph (G); or 

6 ‘‘(III) the owner or operator re7 ceives notice from the Secretary of a 

8 change in tiering under subsection 

9 (e)(3). 

10 ‘‘(iii) DEADLINE.—An amended site 

11 security plan and certification shall be sub12 mitted under clause (i)— 

13 ‘‘(I) in the case of a change in de14 sign, construction, operation, or main15 tenance of the expedited approval facil16 ity that affects the security plan, not 

17 later than 120 days after the date on 

18 which the change in design, construc19 tion, operation, or maintenance oc20 curred; 

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

22 requiring additional security measures 

23 or suspending a certification and rec24 ommending additional security meas25 ures under subparagraph (G), not later 
19 

† HR 4007 EAS 

1 than 120 days after the date on which 

2 the owner or operator receives notice of 

3 the requirement for additional security 

4 measures or suspension of the certifi5 cation and recommendation of addi6 tional security measures; and 

7 ‘‘(III) in the case of a change in 

8 tiering, not later than 120 days after 

9 the date on which the owner or oper10 ator receives notice under subsection 

11 (e)(3). 

12 ‘‘(G) FACIALLY DEFICIENT SITE SECURITY

13 PLANS.— 

14 ‘‘(i) PROHIBITION.—Notwithstanding 

15 subparagraph (A) or (E), the Secretary 

16 may suspend the authority of a covered 

17 chemical facility to certify a site security 

18 plan if the Secretary— 

19 ‘‘(I) determines the certified site 

20 security plan or an amended site secu21 rity plan is facially deficient; and 

22 ‘‘(II) not later than 100 days 

23 after the date on which the Secretary 

24 receives the site security plan and cer25 tification, provides the covered chem-
20 

† HR 4007 EAS 

1 ical facility with written notification 

2 that the site security plan is facially 

3 deficient, including a clear explanation 

4 of each deficiency in the site security 

5 plan. 

6 ‘‘(ii) ADDITIONAL SECURITY MEAS7 URES.— 

8 ‘‘(I) IN GENERAL.—If, during or 

9 after a compliance inspection of an ex10 pedited approval facility, the Secretary 

11 determines that planned or imple12 mented security measures in the site 

13 security plan of the facility are insuffi14 cient to meet the risk-based perform15 ance standards based on misrepresen16 tation, omission, or an inadequate de17 scription of the site, the Secretary 

18 may— 

19 ‘‘(aa) require additional se20 curity measures; or 

21 ‘‘(bb) suspend the certifi22 cation of the facility. 

23 ‘‘(II) RECOMMENDATION OF ADDI24 TIONAL SECURITY MEASURES.—If the 

25 Secretary suspends the certification of 
21 

† HR 4007 EAS 

1 an expedited approval facility under 

2 subclause (I), the Secretary shall— 

3 ‘‘(aa) recommend specific ad4 ditional security measures that, if 

5 made part of the site security 

6 plan by the facility, would enable 

7 the Secretary to approve the site 

8 security plan; and 

9 ‘‘(bb) provide the facility an 

10 opportunity to submit a new or 

11 modified site security plan and 

12 certification under subparagraph 

13 (A). 

14 ‘‘(III) SUBMISSION; REVIEW.—If 

15 an expedited approval facility deter16 mines to submit a new or modified site 

17 security plan and certification as au18 thorized under subclause (II)(bb)— 

19 ‘‘(aa) not later than 90 days 

20 after the date on which the facil21 ity receives recommendations 

22 under subclause (II)(aa), the facil23 ity shall submit the new or modi24 fied plan and certification; and 
22 

† HR 4007 EAS 

1 ‘‘(bb) not later than 45 days 

2 after the date on which the Sec3 retary receives the new or modi4 fied plan under item (aa), the 

5 Secretary shall review the plan 

6 and determine whether the plan is 

7 facially deficient. 

8 ‘‘(IV) DETERMINATION NOT TO IN9 CLUDE ADDITIONAL SECURITY MEAS10 URES.— 

11 ‘‘(aa) REVOCATION OF CER12 TIFICATION.—If an expedited ap13 proval facility does not agree to 

14 include in its site security plan 

15 specific additional security meas16 ures recommended by the Sec17 retary under subclause (II)(aa), 

18 or does not submit a new or modi19 fied site security plan in accord20 ance with subclause (III), the Sec21 retary may revoke the certifi22 cation of the facility by issuing 

23 an order under section 

24 2104(a)(1)(B). 
23 

† HR 4007 EAS 

1 ‘‘(bb) EFFECT OF REVOCA2 TION.—If the Secretary revokes 

3 the certification of an expedited 

4 approval facility under item (aa) 

5 by issuing an order under section 

6 2104(a)(1)(B)— 

7 ‘‘(AA) the order shall re8 quire the owner or operator 

9 of the facility to submit a 

10 site security plan or alter11 native security program for 

12 review by the Secretary re13 view under subsection (c)(1); 

14 and 

15 ‘‘(BB) the facility shall 

16 no longer be eligible to certify 

17 a site security plan under 

18 this paragraph. 

19 ‘‘(V) FACIAL DEFICIENCY.—If the 

20 Secretary determines that a new or 

21 modified site security plan submitted 

22 by an expedited approval facility 

23 under subclause (III) is facially defi24 cient— 
24 

† HR 4007 EAS 

1 ‘‘(aa) not later than 120 

2 days after the date of the deter3 mination, the owner or operator 

4 of the facility shall submit a site 

5 security plan or alternative secu6 rity program for review by the 

7 Secretary under subsection (c)(1); 

8 and 

9 ‘‘(bb) the facility shall no 

10 longer be eligible to certify a site 

11 security plan under this para12 graph. 

13 ‘‘(H) TEMPLATES.— 

14 ‘‘(i) IN GENERAL.—The Secretary may 

15 develop prescriptive site security plan tem16 plates with specific security measures to 

17 meet the risk-based performance standards 

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

19 certification by a covered chemical facility 

20 assigned to tier 3 or 4 in lieu of developing 

21 and certifying its own plan. 

22 ‘‘(ii) APPLICABILITY OF OTHER LAWS

23 TO DEVELOPMENT AND ISSUANCE OF INI24 TIAL SITE SECURITY PLAN TEMPLATES AND

25 RELATED GUIDANCE.—During the period 
25 

† HR 4007 EAS 

1 before the Secretary has met the deadline 

2 under subparagraph (B)(i), in developing 

3 and issuing, or amending, the site security 

4 plan templates under this subparagraph, in 

5 issuing guidance for implementation of the 

6 templates, and in collecting information 

7 from expedited approval facilities, the Sec8 retary shall not be subject to— 

9 ‘‘(I) section 553 of title 5, United 

10 States Code; 

11 ‘‘(II) subchapter I of chapter 35 of 

12 title 44, United States Code; or 

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

14 ‘‘(iii) RULE OF CONSTRUCTION.—Noth15 ing in this subparagraph shall be construed 

16 to prevent a covered chemical facility from 

17 developing and certifying its own security 

18 plan in accordance with subparagraph (A). 

19 ‘‘(I) EVALUATION.— 

20 ‘‘(i) IN GENERAL.—Not later than 18 

21 months after the date of enactment of the 

22 Protecting and Securing Chemical Facili23 ties from Terrorist Attacks Act of 2014, the 

24 Secretary shall take any appropriate action 

25 necessary for a full evaluation of the expe-
26 

† HR 4007 EAS 

1 dited approval program authorized under 

2 this paragraph, including conducting an 

3 appropriate number of inspections, as au4 thorized under subsection (d), of expedited 

5 approval facilities. 

6 ‘‘(ii) REPORT.—Not later than 18 

7 months after the date of enactment of the 

8 Protecting and Securing Chemical Facili9 ties from Terrorist Attacks Act of 2014, the 

10 Secretary shall submit to the Committee on 

11 Homeland Security and Governmental Af12 fairs of the Senate and the Committee on 

13 Homeland Security and the Committee on 

14 Energy and Commerce of the House of Rep15 resentatives a report that contains— 

16 ‘‘(I)(aa) the number of eligible fa17 cilities using the expedited approval 

18 program authorized under this para19 graph; and 

20 ‘‘(bb) the number of facilities that 

21 are eligible for the expedited approval 

22 program but are using the standard 

23 process for developing and submitting 

24 a site security plan under subsection 

25 (a)(2)(D); 
27 

† HR 4007 EAS 

1 ‘‘(II) any costs and efficiencies as2 sociated with the expedited approval 

3 program; 

4 ‘‘(III) the impact of the expedited 

5 approval program on the backlog for 

6 site security plan approval and au7 thorization inspections; 

8 ‘‘(IV) an assessment of the ability 

9 of expedited approval facilities to sub10 mit facially sufficient site security 

11 plans; 

12 ‘‘(V) an assessment of any impact 

13 of the expedited approval program on 

14 the security of chemical facilities; and 

15 ‘‘(VI) a recommendation by the 

16 Secretary on the frequency of compli17 ance inspections that may be required 

18 for expedited approval facilities. 

19 ‘‘(d) COMPLIANCE.— 

20 ‘‘(1) AUDITS AND INSPECTIONS.— 

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

22 ‘‘(i) the term ‘nondepartmental’— 

23 ‘‘(I) with respect to personnel, 

24 means personnel that is not employed 

25 by the Department; and 
28 

† HR 4007 EAS 

1 ‘‘(II) with respect to an entity, 

2 means an entity that is not a compo3 nent or other authority of the Depart4 ment; and 

5 ‘‘(ii) the term ‘nongovernmental’— 

6 ‘‘(I) with respect to personnel, 

7 means personnel that is not employed 

8 by the Federal Government; and 

9 ‘‘(II) with respect to an entity, 

10 means an entity that is not an agency, 

11 department, or other authority of the 

12 Federal Government. 

13 ‘‘(B) AUTHORITY TO CONDUCT AUDITS AND

14 INSPECTIONS.—The Secretary shall conduct au15 dits or inspections under this title using— 

16 ‘‘(i) employees of the Department; 

17 ‘‘(ii) nondepartmental or nongovern18 mental personnel approved by the Sec19 retary; or 

20 ‘‘(iii) a combination of individuals de21 scribed in clauses (i) and (ii). 

22 ‘‘(C) SUPPORT PERSONNEL.—The Secretary 

23 may use nongovernmental personnel to provide 

24 administrative and logistical services in support 

25 of audits and inspections under this title. 
29 

† HR 4007 EAS 

1 ‘‘(D) REPORTING STRUCTURE.— 

2 ‘‘(i) NONDEPARTMENTAL AND NON3 GOVERNMENTAL AUDITS AND INSPEC4 TIONS.—Any audit or inspection conducted 

5 by an individual employed by a nondepart6 mental or nongovernmental entity shall be 

7 assigned in coordination with a regional 

8 supervisor with responsibility for super9 vising inspectors within the Infrastructure 

10 Security Compliance Division of the De11 partment for the region in which the audit 

12 or inspection is to be conducted. 

13 ‘‘(ii) REQUIREMENT TO REPORT.— 

14 While an individual employed by a non15 departmental or nongovernmental entity is 

16 in the field conducting an audit or inspec17 tion under this subsection, the individual 

18 shall report to the regional supervisor with 

19 responsibility for supervising inspectors 

20 within the Infrastructure Security Compli21 ance Division of the Department for the re22 gion in which the individual is operating. 

23 ‘‘(iii) APPROVAL.—The authority to 

24 approve a site security plan under sub25 section (c) or determine if a covered chem-
30 

† HR 4007 EAS 

1 ical facility is in compliance with an ap2 proved site security plan shall be exercised 

3 solely by the Secretary or a designee of the 

4 Secretary within the Department. 

5 ‘‘(E) STANDARDS FOR AUDITORS AND IN6 SPECTORS.—The Secretary shall prescribe stand7 ards for the training and retraining of each in8 dividual used by the Department as an auditor 

9 or inspector, including each individual employed 

10 by the Department and all nondepartmental or 

11 nongovernmental personnel, including— 

12 ‘‘(i) minimum training requirements 

13 for new auditors and inspectors; 

14 ‘‘(ii) retraining requirements; 

15 ‘‘(iii) minimum education and experi16 ence levels; 

17 ‘‘(iv) the submission of information as 

18 required by the Secretary to enable deter19 mination of whether the auditor or inspec20 tor has a conflict of interest; 

21 ‘‘(v) the proper certification or certifi22 cations necessary to handle chemical-ter23 rorism vulnerability information (as de24 fined in section 27.105 of title 6, Code of 
31 

† HR 4007 EAS 

1 Federal Regulations, or any successor there2 to); 

3 ‘‘(vi) the reporting of any issue of non4 compliance with this section to the Sec5 retary within 24 hours; and 

6 ‘‘(vii) any additional qualifications for 

7 fitness of duty as the Secretary may re8 quire. 

9 ‘‘(F) CONDITIONS FOR NONGOVERNMENTAL

10 AUDITORS AND INSPECTORS.—If the Secretary 

11 arranges for an audit or inspection under sub12 paragraph (B) to be carried out by a nongovern13 mental entity, the Secretary shall— 

14 ‘‘(i) prescribe standards for the quali15 fication of the individuals who carry out 

16 such audits and inspections that are com17 mensurate with the standards for similar 

18 Government auditors or inspectors; and 

19 ‘‘(ii) ensure that any duties carried out 

20 by a nongovernmental entity are not inher21 ently governmental functions. 

22 ‘‘(2) PERSONNEL SURETY.— 

23 ‘‘(A) PERSONNEL SURETY PROGRAM.—For 

24 purposes of this title, the Secretary shall estab-
32 

† HR 4007 EAS 

1 lish and carry out a Personnel Surety Program 

2 that— 

3 ‘‘(i) does not require an owner or oper4 ator of a covered chemical facility that vol5 untarily participates in the program to 

6 submit information about an individual 

7 more than 1 time; 

8 ‘‘(ii) provides a participating owner or 

9 operator of a covered chemical facility with 

10 relevant information about an individual 

11 based on vetting the individual against the 

12 terrorist screening database, to the extent 

13 that such feedback is necessary for the facil14 ity to be in compliance with regulations 

15 promulgated under this title; and 

16 ‘‘(iii) provides redress to an indi17 vidual— 

18 ‘‘(I) whose information was vetted 

19 against the terrorist screening database 

20 under the program; and 

21 ‘‘(II) who believes that the person22 ally identifiable information submitted 

23 to the Department for such vetting by 

24 a covered chemical facility, or its des25 ignated representative, was inaccurate. 
33 

† HR 4007 EAS 

1 ‘‘(B) PERSONNEL SURETY PROGRAM IMPLE2 MENTATION.—To the extent that a risk-based 

3 performance standard established under sub4 section (a) requires identifying individuals with 

5 ties to terrorism— 

6 ‘‘(i) a covered chemical facility— 

7 ‘‘(I) may satisfy its obligation 

8 under the standard by using any Fed9 eral screening program that periodi10 cally vets individuals against the ter11 rorist screening database, or any suc12 cessor program, including the Per13 sonnel Surety Program established 

14 under subparagraph (A); and 

15 ‘‘(II) shall— 

16 ‘‘(aa) accept a credential 

17 from a Federal screening program 

18 described in subclause (I) if an 

19 individual who is required to be 

20 screened presents such a creden21 tial; and 

22 ‘‘(bb) address in its site secu23 rity plan or alternative security 

24 program the measures it will take 

25 to verify that a credential or doc-
34 

† HR 4007 EAS 

1 umentation from a Federal 

2 screening program described in 

3 subclause (I) is current; 

4 ‘‘(ii) visual inspection shall be suffi5 cient to meet the requirement under clause 

6 (i)(II)(bb), but the facility should consider 

7 other means of verification, consistent with 

8 the facility’s assessment of the threat posed 

9 by acceptance of such credentials; and 

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

11 covered chemical facility to submit any in12 formation about an individual unless the 

13 individual— 

14 ‘‘(I) is to be vetted under the Per15 sonnel Surety Program; or 

16 ‘‘(II) has been identified as pre17 senting a terrorism security risk. 

18 ‘‘(C) RIGHTS UNAFFECTED.—Nothing in 

19 this section shall supersede the ability— 

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

21 policies regarding the access of individuals 

22 to restricted areas or critical assets; or 

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

24 bargaining agent, where applicable, to nego25 tiate as to how the results of a background 
35 

† HR 4007 EAS 

1 check may be used by the facility with re2 spect to employment status. 

3 ‘‘(3) AVAILABILITY OF INFORMATION.—The Sec4 retary shall share with the owner or operator of a 

5 covered chemical facility any information that the 

6 owner or operator needs to comply with this section. 

7 ‘‘(e) RESPONSIBILITIES OF THE SECRETARY.— 

8 ‘‘(1) IDENTIFICATION OF CHEMICAL FACILITIES

9 OF INTEREST.—In carrying out this title, the Sec10 retary shall consult with the heads of other Federal 

11 agencies, States and political subdivisions thereof, rel12 evant business associations, and public and private 

13 labor organizations to identify all chemical facilities 

14 of interest. 

15 ‘‘(2) RISK ASSESSMENT.— 

16 ‘‘(A) IN GENERAL.—For purposes of this 

17 title, the Secretary shall develop a security risk 

18 assessment approach and corresponding tiering 

19 methodology for covered chemical facilities that 

20 incorporates the relevant elements of risk, includ21 ing threat, vulnerability, and consequence. 

22 ‘‘(B) CRITERIA FOR DETERMINING SECU23 RITY RISK.—The criteria for determining the se24 curity risk of terrorism associated with a covered 

25 chemical facility shall take into account— 
36 

† HR 4007 EAS 

1 ‘‘(i) relevant threat information; 

2 ‘‘(ii) potential severe economic con3 sequences and the potential loss of human 

4 life in the event of the facility being subject 

5 to attack, compromise, infiltration, or ex6 ploitation by terrorists; and 

7 ‘‘(iii) vulnerability of the facility to at8 tack, compromise, infiltration, or exploi9 tation by terrorists. 

10 ‘‘(3) CHANGES IN TIERING.— 

11 ‘‘(A) MAINTENANCE OF RECORDS.—The 

12 Secretary shall document the basis for each in13 stance in which— 

14 ‘‘(i) tiering for a covered chemical fa15 cility is changed; or 

16 ‘‘(ii) a covered chemical facility is de17 termined to no longer be subject to the re18 quirements under this title. 

19 ‘‘(B) REQUIRED INFORMATION.—The 

20 records maintained under subparagraph (A) 

21 shall include information on whether and how 

22 the Secretary confirmed the information that 

23 was the basis for the change or determination de24 scribed in subparagraph (A). 
37 

† HR 4007 EAS 

1 ‘‘(4) SEMIANNUAL PERFORMANCE REPORTING.— 

2 Not later than 6 months after the date of enactment 

3 of the Protecting and Securing Chemical Facilities 

4 from Terrorist Attacks Act of 2014, and not less fre5 quently than once every 6 months thereafter, the Sec6 retary shall submit to the Committee on Homeland 

7 Security and Governmental Affairs of the Senate and 

8 the Committee on Homeland Security and the Com9 mittee on Energy and Commerce of the House of Rep10 resentatives a report that includes, for the period cov11 ered by the report— 

12 ‘‘(A) the number of covered chemical facili13 ties in the United States; 

14 ‘‘(B) information— 

15 ‘‘(i) describing— 

16 ‘‘(I) the number of instances in 

17 which the Secretary— 

18 ‘‘(aa) placed a covered chem19 ical facility in a lower risk tier; 

20 or 

21 ‘‘(bb) determined that a facil22 ity that had previously met the 

23 criteria for a covered chemical fa24 cility under section 2101(3) no 

25 longer met the criteria; and 
38 

† HR 4007 EAS 

1 ‘‘(II) the basis, in summary form, 

2 for each action or determination under 

3 subclause (I); and 

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

5 anonymized form to ensure that the infor6 mation does not identify any specific facil7 ity or company as the source of the infor8 mation when viewed alone or in combina9 tion with other public information; 

10 ‘‘(C) the average number of days spent re11 viewing site security or an alternative security 

12 program for a covered chemical facility prior to 

13 approval; 

14 ‘‘(D) the number of covered chemical facili15 ties inspected; 

16 ‘‘(E) the average number of covered chem17 ical facilities inspected per inspector; and 

18 ‘‘(F) any other information that the Sec19 retary determines will be helpful to Congress in 

20 evaluating the performance of the Chemical Fa21 cility Anti-Terrorism Standards Program. 

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

23 ‘‘(a) IN GENERAL.—Notwithstanding any other provi24 sion of law, information developed under this title, includ25 ing vulnerability assessments, site security plans, and other 
39 

† HR 4007 EAS 

1 security related information, records, and documents shall 

2 be given protections from public disclosure consistent with 

3 the protection of similar information under section 

4 70103(d) of title 46, United States Code. 

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

6 LOCAL GOVERNMENTS.—Nothing in this section shall be 

7 construed to prohibit the sharing of information developed 

8 under this title, as the Secretary determines appropriate, 

9 with State and local government officials possessing a need 

10 to know and the necessary security clearances, including 

11 law enforcement officials and first responders, for the pur12 pose of carrying out this title, provided that such informa13 tion may not be disclosed pursuant to any State or local 

14 law. 

15 ‘‘(c) SHARING OF INFORMATION WITH FIRST RE16 SPONDERS.— 

17 ‘‘(1) REQUIREMENT.—The Secretary shall pro18 vide to State, local, and regional fusion centers (as 

19 that term is defined in section 210A(j)(1)) and State 

20 and local government officials, as the Secretary deter21 mines appropriate, such information as is necessary 

22 to help ensure that first responders are properly pre23 pared and provided with the situational awareness 

24 needed to respond to security incidents at covered 

25 chemical facilities. 
40 

† HR 4007 EAS 

1 ‘‘(2) DISSEMINATION.—The Secretary shall dis2 seminate information under paragraph (1) through a 

3 medium or system determined by the Secretary to be 

4 appropriate to ensure the secure and expeditious dis5 semination of such information to necessary selected 

6 individuals. 

7 ‘‘(d) ENFORCEMENT PROCEEDINGS.—In any pro8 ceeding to enforce this section, vulnerability assessments, 

9 site security plans, and other information submitted to or 

10 obtained by the Secretary under this title, and related vul11 nerability or security information, shall be treated as if the 

12 information were classified information. 

13 ‘‘(e) AVAILABILITY OF INFORMATION.—Notwith14 standing any other provision of law (including section 

15 552(b)(3) of title 5, United States Code), section 552 of title 

16 5, United States Code (commonly known as the ‘Freedom 

17 of Information Act’) shall not apply to information pro18 tected from public disclosure pursuant to subsection (a) of 

19 this section. 

20 ‘‘(f) SHARING OF INFORMATION WITH MEMBERS OF

21 CONGRESS.—Nothing in this section shall prohibit the Sec22 retary from disclosing information developed under this 

23 title to a Member of Congress in response to a request by 

24 a Member of Congress. 
41 

† HR 4007 EAS 

1 ‘‘SEC. 2104. CIVIL ENFORCEMENT. 

2 ‘‘(a) NOTICE OF NONCOMPLIANCE.— 

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

4 covered chemical facility is not in compliance with 

5 this title, the Secretary shall— 

6 ‘‘(A) provide the owner or operator of the 

7 facility with— 

8 ‘‘(i) not later than 14 days after date 

9 on which the Secretary makes the deter10 mination, a written notification of non11 compliance that includes a clear expla12 nation of any deficiency in the security vul13 nerability assessment or site security plan; 

14 and 

15 ‘‘(ii) an opportunity for consultation 

16 with the Secretary or the Secretary’s des17 ignee; and 

18 ‘‘(B) issue to the owner or operator of the 

19 facility an order to comply with this title by a 

20 date specified by the Secretary in the order, 

21 which date shall be not later than 180 days after 

22 the date on which the Secretary issues the order. 

23 ‘‘(2) CONTINUED NONCOMPLIANCE.—If an owner 

24 or operator remains noncompliant after the proce25 dures outlined in paragraph (1) have been executed, 

26 or demonstrates repeated violations of this title, the 
42 

† HR 4007 EAS 

1 Secretary may enter an order in accordance with this 

2 section assessing a civil penalty, an order to cease op3 erations, or both. 

4 ‘‘(b) CIVIL PENALTIES.— 

5 ‘‘(1) VIOLATIONS OF ORDERS.—Any person who 

6 violates an order issued under this title shall be liable 

7 for a civil penalty under section 70119(a) of title 46, 

8 United States Code. 

9 ‘‘(2) NON-REPORTING CHEMICAL FACILITIES OF

10 INTEREST.—Any owner of a chemical facility of in11 terest who fails to comply with, or knowingly submits 

12 false information under, this title or the CFATS regu13 lations shall be liable for a civil penalty under section 

14 70119(a) of title 46, United States Code. 

15 ‘‘(c) EMERGENCY ORDERS.— 

16 ‘‘(1) IN GENERAL.—Notwithstanding subsection 

17 (a) or any site security plan or alternative security 

18 program approved under this title, if the Secretary 

19 determines that there is an imminent threat of death, 

20 serious illness, or severe personal injury, due to a vio21 lation of this title or the risk of a terrorist incident 

22 that may affect a chemical facility of interest, the 

23 Secretary— 

24 ‘‘(A) shall consult with the facility, if prac25 ticable, on steps to mitigate the risk; and 
43 

† HR 4007 EAS 

1 ‘‘(B) may order the facility, without notice 

2 or opportunity for a hearing, effective imme3 diately or as soon as practicable, to— 

4 ‘‘(i) implement appropriate emergency 

5 security measures; or 

6 ‘‘(ii) cease or reduce some or all oper7 ations, in accordance with safe shutdown 

8 procedures, if the Secretary determines that 

9 such a cessation or reduction of operations 

10 is the most appropriate means to address 

11 the risk. 

12 ‘‘(2) LIMITATION ON DELEGATION.—The Sec13 retary may not delegate the authority under para14 graph (1) to any official other than the Under Sec15 retary responsible for overseeing critical infrastruc16 ture protection, cybersecurity, and other related pro17 grams of the Department appointed under section 

18 103(a)(1)(H). 

19 ‘‘(3) LIMITATION ON AUTHORITY.—The Secretary 

20 may exercise the authority under this subsection only 

21 to the extent necessary to abate the imminent threat 

22 determination under paragraph (1). 

23 ‘‘(4) DUE PROCESS FOR FACILITY OWNER OR OP24 ERATOR.— 
44 

† HR 4007 EAS 

1 ‘‘(A) WRITTEN ORDERS.—An order issued 

2 by the Secretary under paragraph (1) shall be in 

3 the form of a written emergency order that— 

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

5 creates the imminent threat; 

6 ‘‘(ii) states the security measures or 

7 order issued or imposed; and 

8 ‘‘(iii) describes the standards and pro9 cedures for obtaining relief from the order. 

10 ‘‘(B) OPPORTUNITY FOR REVIEW.—After 

11 issuing an order under paragraph (1) with re12 spect to a chemical facility of interest, the Sec13 retary shall provide for review of the order under 

14 section 554 of title 5 if a petition for review is 

15 filed not later than 20 days after the date on 

16 which the Secretary issues the order. 

17 ‘‘(C) EXPIRATION OF EFFECTIVENESS OF

18 ORDER.—If a petition for review of an order is 

19 filed under subparagraph (B) and the review 

20 under that paragraph is not completed by the 

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

22 date on which the petition is filed, the order 

23 shall vacate automatically at the end of that pe24 riod unless the Secretary determines, in writing, 
45 

† HR 4007 EAS 

1 that the imminent threat providing a basis for 

2 the order continues to exist. 

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

4 upon any person except the Secretary or his or her designee 

5 a right of action against an owner or operator of a covered 

6 chemical facility to enforce any provision of this title. 

7 ‘‘SEC. 2105. WHISTLEBLOWER PROTECTIONS. 

8 ‘‘(a) PROCEDURE FOR REPORTING PROBLEMS.— 

9 ‘‘(1) ESTABLISHMENT OF A REPORTING PROCE10 DURE.—Not later than 180 days after the date of en11 actment of the Protecting and Securing Chemical Fa12 cilities from Terrorist Attacks Act of 2014, the Sec13 retary shall establish, and provide information to the 

14 public regarding, a procedure under which any em15 ployee or contractor of a chemical facility of interest 

16 may submit a report to the Secretary regarding a vio17 lation of a requirement under this title. 

18 ‘‘(2) CONFIDENTIALITY.—The Secretary shall 

19 keep confidential the identity of an individual who 

20 submits a report under paragraph (1) and any such 

21 report shall be treated as a record containing pro22 tected information to the extent that the report does 

23 not consist of publicly available information. 

24 ‘‘(3) ACKNOWLEDGMENT OF RECEIPT.—If a re25 port submitted under paragraph (1) identifies the in-
46 

† HR 4007 EAS 

1 dividual making the report, the Secretary shall 

2 promptly respond to the individual directly and shall 

3 promptly acknowledge receipt of the report. 

4 ‘‘(4) STEPS TO ADDRESS PROBLEMS.—The Sec5 retary— 

6 ‘‘(A) shall review and consider the informa7 tion provided in any report submitted under 

8 paragraph (1); and 

9 ‘‘(B) may take action under section 2104 of 

10 this title if necessary to address any substan11 tiated violation of a requirement under this title 

12 identified in the report. 

13 ‘‘(5) DUE PROCESS FOR FACILITY OWNER OR OP14 ERATOR.— 

15 ‘‘(A) IN GENERAL.—If, upon the review de16 scribed in paragraph (4), the Secretary deter17 mines that a violation of a provision of this title, 

18 or a regulation prescribed under this title, has 

19 occurred, the Secretary may— 

20 ‘‘(i) institute a civil enforcement under 

21 section 2104(a) of this title; or 

22 ‘‘(ii) if the Secretary makes the deter23 mination under section 2104(c), issue an 

24 emergency order. 
47 

† HR 4007 EAS 

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

2 Secretary under paragraph (4) shall be in a 

3 written form that— 

4 ‘‘(i) describes the violation; 

5 ‘‘(ii) states the authority under which 

6 the Secretary is proceeding; and 

7 ‘‘(iii) describes the standards and pro8 cedures for obtaining relief from the order. 

9 ‘‘(C) OPPORTUNITY FOR REVIEW.—After 

10 taking action under paragraph (4), the Secretary 

11 shall provide for review of the action if a peti12 tion for review is filed within 20 calendar days 

13 of the date of issuance of the order for the action. 

14 ‘‘(D) EXPIRATION OF EFFECTIVENESS OF

15 ORDER.—If a petition for review of an action is 

16 filed under subparagraph (C) and the review 

17 under that subparagraph is not completed by the 

18 end of the 30-day period beginning on the date 

19 the petition is filed, the action shall cease to be 

20 effective at the end of such period unless the Sec21 retary determines, in writing, that the violation 

22 providing a basis for the action continues to 

23 exist. 

24 ‘‘(6) RETALIATION PROHIBITED.— 
48 

† HR 4007 EAS 

1 ‘‘(A) IN GENERAL.—An owner or operator 

2 of a chemical facility of interest or agent thereof 

3 may not discharge an employee or otherwise dis4 criminate against an employee with respect to 

5 the compensation provided to, or terms, condi6 tions, or privileges of the employment of, the em7 ployee because the employee (or an individual 

8 acting pursuant to a request of the employee) 

9 submitted a report under paragraph (1). 

10 ‘‘(B) EXCEPTION.—An employee shall not 

11 be entitled to the protections under this section 

12 if the employee— 

13 ‘‘(i) knowingly and willfully makes 

14 any false, fictitious, or fraudulent statement 

15 or representation; or 

16 ‘‘(ii) uses any false writing or docu17 ment knowing the writing or document con18 tains any false, fictitious, or fraudulent 

19 statement or entry. 

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

21 shall be construed to limit the right of an individual to 

22 make any disclosure— 

23 ‘‘(1) protected or authorized under section 

24 2302(b)(8) or 7211 of title 5, United States Code; 
49 

† HR 4007 EAS 

1 ‘‘(2) protected under any other Federal or State 

2 law that shields the disclosing individual against re3 taliation or discrimination for having made the dis4 closure in the public interest; or 

5 ‘‘(3) to the Special Counsel of an agency, the in6 spector general of an agency, or any other employee 

7 designated by the head of an agency to receive disclo8 sures similar to the disclosures described in para9 graphs (1) and (2). 

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

11 partnership with industry associations and labor organiza12 tions, shall make publicly available both physically and on13 line the rights that an individual who discloses information, 

14 including security-sensitive information, regarding prob15 lems, deficiencies, or vulnerabilities at a covered chemical 

16 facility would have under Federal whistleblower protection 

17 laws or this title. 

18 ‘‘(d) PROTECTED INFORMATION.—All information 

19 contained in a report made under this subsection (a) shall 

20 be protected in accordance with section 2103. 

21 ‘‘SEC. 2106. RELATIONSHIP TO OTHER LAWS. 

22 ‘‘(a) OTHER FEDERAL LAWS.—Nothing in this title 

23 shall be construed to supersede, amend, alter, or affect any 

24 Federal law that— 
50 

† HR 4007 EAS 

1 ‘‘(1) regulates (including by requiring informa2 tion to be submitted or made available) the manufac3 ture, distribution in commerce, use, handling, sale, 

4 other treatment, or disposal of chemical substances or 

5 mixtures; or 

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

7 record or information obtained from a chemical facil8 ity under any law other than this title. 

9 ‘‘(b) STATES AND POLITICAL SUBDIVISIONS.—This 

10 title shall not preclude or deny any right of any State or 

11 political subdivision thereof to adopt or enforce any regula12 tion, requirement, or standard of performance with respect 

13 to chemical facility security that is more stringent than a 

14 regulation, requirement, or standard of performance issued 

15 under this section, or otherwise impair any right or juris16 diction of any State with respect to chemical facilities with17 in that State, unless there is an actual conflict between this 

18 section and the law of that State. 

19 ‘‘SEC. 2107. CFATS REGULATIONS. 

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

21 accordance with chapter 5 of title 5, United States Code, 

22 promulgate regulations or amend existing CFATS regula23 tions to implement the provisions under this title. 

24 ‘‘(b) EXISTING CFATS REGULATIONS.— 
51 

† HR 4007 EAS 

1 ‘‘(1) IN GENERAL.—Notwithstanding section 4(b) 

2 of the Protecting and Securing Chemical Facilities 

3 from Terrorist Attacks Act of 2014, each existing 

4 CFATS regulation shall remain in effect unless the 

5 Secretary amends, consolidates, or repeals the regula6 tion. 

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

8 date of enactment of the Protecting and Securing 

9 Chemical Facilities from Terrorist Attacks Act of 

10 2014, the Secretary shall repeal any existing CFATS 

11 regulation that the Secretary determines is duplica12 tive of, or conflicts with, this title. 

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

14 upon authority provided under this title in— 

15 ‘‘(1) determining compliance with this title; 

16 ‘‘(2) identifying chemicals of interest; and 

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

18 chemical facility. 

19 ‘‘SEC. 2108. SMALL COVERED CHEMICAL FACILITIES. 

20 ‘‘(a) DEFINITION.—In this section, the term ‘small cov21 ered chemical facility’ means a covered chemical facility 

22 that— 

23 ‘‘(1) has fewer than 100 employees employed at 

24 the covered chemical facility; and 
52 

† HR 4007 EAS 

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

2 concern (as defined in section 3 of the Small Business 

3 Act (15 U.S.C. 632)). 

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

5 provide guidance and, as appropriate, tools, methodologies, 

6 or computer software, to assist small covered chemical fa7 cilities in developing the physical security, cybersecurity, 

8 recordkeeping, and reporting procedures required under this 

9 title. 

10 ‘‘(c) REPORT.—The Secretary shall submit to the Com11 mittee on Homeland Security and Governmental Affairs of 

12 the Senate and the Committee on Homeland Security and 

13 the Committee on Energy and Commerce of the House of 

14 Representatives a report on best practices that may assist 

15 small covered chemical facilities in development of physical 

16 security best practices. 

17 ‘‘SEC. 2109. OUTREACH TO CHEMICAL FACILITIES OF INTER18 EST. 

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

20 of the Protecting and Securing Chemical Facilities from 

21 Terrorist Attacks Act of 2014, the Secretary shall establish 

22 an outreach implementation plan, in coordination with the 

23 heads of other appropriate Federal and State agencies, rel24 evant business associations, and public and private labor 

25 organizations, to— 
53 

† HR 4007 EAS 

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

2 ‘‘(2) make available compliance assistance mate3 rials and information on education and training.’’. 

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

5 section 1(b) of the Homeland Security Act of 2002 (Public 

6 Law 107–196; 116 Stat. 2135) is amended by adding at 

7 the end the following: 

‘‘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.’’. 

8 SEC. 3. ASSESSMENT; REPORTS. 

9 (a) DEFINITIONS.—In this section— 

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

11 Standards Program’’ means— 

12 (A) the Chemical Facility Anti-Terrorism 

13 Standards program initially authorized under 

14 section 550 of the Department of Homeland Se15 curity Appropriations Act, 2007 (Public Law 

16 109–295; 6 U.S.C. 121 note); and 

17 (B) the Chemical Facility Anti-Terrorism 

18 Standards Program subsequently authorized 

19 under section 2102(a) of the Homeland Security 

20 Act of 2002, as added by section 2; 
54 

† HR 4007 EAS 

1 (2) the term ‘‘Department’’ means the Depart2 ment of Homeland Security; and 

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

4 Homeland Security. 

5 (b) THIRD-PARTY ASSESSMENT.—Using amounts ap6 propriated to the Department before the date of enactment 

7 of this Act, the Secretary shall commission a third-party 

8 study to assess vulnerabilities of covered chemical facilities, 

9 as defined in section 2101 of the Homeland Security Act 

10 of 2002 (as added by section 2), to acts of terrorism. 

11 (c) REPORTS.— 

12 (1) REPORT TO CONGRESS.—Not later than 18 

13 months after the date of enactment of this Act, the 

14 Secretary shall submit to the Committee on Home15 land Security and Governmental Affairs of the Senate 

16 and the Committee on Homeland Security and the 

17 Committee on Energy and Commerce of the House of 

18 Representatives a report on the Chemical Facility 

19 Anti-Terrorism Standards Program that includes— 

20 (A) a certification by the Secretary that the 

21 Secretary has made significant progress in the 

22 identification of all chemical facilities of interest 

23 under section 2102(e)(1) of the Homeland Secu24 rity Act of 2002, as added by section 2, includ25 ing— 
55 

† HR 4007 EAS 

1 (i) a description of the steps taken to 

2 achieve that progress and the metrics used 

3 to measure the progress; 

4 (ii) information on whether facilities 

5 that submitted Top-Screens as a result of 

6 the identification of chemical facilities of 

7 interest were tiered and in what tiers those 

8 facilities were placed; and 

9 (iii) an action plan to better identify 

10 chemical facilities of interest and bring 

11 those facilities into compliance with title 

12 XXI of the Homeland Security Act of 2002, 

13 as added by section 2; 

14 (B) a certification by the Secretary that the 

15 Secretary has developed a risk assessment ap16 proach and corresponding tiering methodology 

17 under section 2102(e)(2) of the Homeland Secu18 rity Act of 2002, as added by section 2; 

19 (C) an assessment by the Secretary of the 

20 implementation by the Department of the rec21 ommendations made by the Homeland Security 

22 Studies and Analysis Institute as outlined in the 

23 Institute’s Tiering Methodology Peer Review 

24 (Publication Number: RP12–22–02); and 
56 

† HR 4007 EAS 

1 (D) a description of best practices that may 

2 assist small covered chemical facilities, as de3 fined in section 2108(a) of the Homeland Secu4 rity Act of 2002, as added by section 2, in the 

5 development of physical security best practices. 

6 (2) ANNUAL GAO REPORT.— 

7 (A) IN GENERAL.—During the 3-year pe8 riod beginning on the date of enactment of this 

9 Act, the Comptroller General of the United 

10 States shall submit to Congress an annual report 

11 that assesses the implementation of this Act and 

12 the amendments made by this Act. 

13 (B) INITIAL REPORT.—Not later than 180 

14 days after the date of enactment of this Act, the 

15 Comptroller General shall submit to Congress the 

16 first report under subparagraph (A). 

17 (C) SECOND ANNUAL REPORT.—Not later 

18 than 1 year after the date of the initial report 

19 required under subparagraph (B), the Comp20 troller General shall submit to Congress the sec21 ond report under subparagraph (A), which shall 

22 include an assessment of the whistleblower pro23 tections provided under section 2105 of the 

24 Homeland Security Act of 2002, as added by sec25 tion 2, and— 
57 

† HR 4007 EAS 

1 (i) describes the number and type of 

2 problems, deficiencies, and vulnerabilities 

3 with respect to which reports have been sub4 mitted under such section 2105; 

5 (ii) evaluates the efforts of the Sec6 retary in addressing the problems, defi7 ciencies, and vulnerabilities described in 

8 subsection (a)(1) of such section 2105; and 

9 (iii) evaluates the efforts of the Sec10 retary to inform individuals of their rights, 

11 as required under subsection (c) of such sec12 tion 2105. 

13 (D) THIRD ANNUAL REPORT.—Not later 

14 than 1 year after the date on which the Comp15 troller General submits the second report re16 quired under subparagraph (A), the Comptroller 

17 General shall submit to Congress the third report 

18 under subparagraph (A), which shall include an 

19 assessment of— 

20 (i) the expedited approval program au21 thorized under section 2102(c)(4) of the 

22 Homeland Security Act of 2002, as added 

23 by section 2; and 

24 (ii) the report on the expedited ap25 proval program submitted by the Secretary 
58 

† HR 4007 EAS 

1 under subparagraph (I)(ii) of such section 

2 2102(c)(4). 

3 SEC. 4. EFFECTIVE DATE; CONFORMING REPEAL. 

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

5 made by this Act, shall take effect on the date that is 30 

6 days after the date of enactment of this Act. 

7 (b) CONFORMING REPEAL.—Section 550 of the Depart8 ment of Homeland Security Appropriations Act, 2007 

9 (Public Law 109–295; 120 Stat. 1388), is repealed as of 

10 the effective date of this Act. 

11 SEC. 5. TERMINATION. 

12 The authority provided under title XXI of the Home13 land Security Act of 2002, as added by section 2(a), shall 

14 terminate on the date that is 4 years after the effective date 

15 of this Act. 

Attest: 

Secretary. 

113TH CONGRESS 

2D SESSION H.R. 4007 

AMENDMENT