II 

Calendar No. 578 

113TH CONGRESS 

2D SESSION H. R. 4007 

[Report No. 113–263] 

IN THE SENATE OF THE UNITED STATES 

JULY 9, 2014 

Received; read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

SEPTEMBER 18, 2014 

Reported by Mr. CARPER, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

AN ACT 

To recodify and reauthorize the Chemical Facility AntiTerrorism Standards Program. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Chemical Facility Anti5 Terrorism Standards Program Authorization and Ac6 countability Act of 2014’’. 


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1 SEC. 2. CHEMICAL FACILITY ANTI-TERRORISM STANDARDS 

2 PROGRAM. 

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

4 2002 (6 U.S.C. 101 et seq.) is amended by adding at the 

5 end the following: 

6 ‘‘TITLE XXI—CHEMICAL FACIL7 ITY ANTI–TERRORISM STAND8 ARDS 

9 ‘‘SEC. 2101. CHEMICAL FACILITY ANTI-TERRORISM STAND10 ARDS PROGRAM. 

11 ‘‘(a) PROGRAM ESTABLISHED.—There is in the De12 partment a Chemical Facility Anti-Terrorism Standards 

13 Program. Under such Program, the Secretary shall estab14 lish risk-based performance standards designed to protect 

15 covered chemical facilities and chemical facilities of inter16 est from acts of terrorism and other security risks and 

17 require such facilities to submit security vulnerability as18 sessments and to develop and implement site security 

19 plans. 

20 ‘‘(b) SECURITY MEASURES.—Site security plans re21 quired under subsection (a) may include layered security 

22 measures that, in combination, appropriately address the 

23 security vulnerability assessment and the risk-based per24 formance standards for security for the facility. 

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

26 PLANS.— 


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1 ‘‘(1) IN GENERAL.—The Secretary shall review 

2 and approve or disapprove each security vulner3 ability assessment and site security plan under sub4 section (a). The Secretary may not disapprove a site 

5 security plan based on the presence or absence of a 

6 particular security measure, but the Secretary shall 

7 disapprove a site security plan if the plan fails to 

8 satisfy the risk-based performance standards estab9 lished under subsection (a). 

10 ‘‘(2) ALTERNATIVE SECURITY PROGRAMS.—The 

11 Secretary may approve an alternative security pro12 gram established by a private sector entity or a Fed13 eral, State, or local authority or pursuant to other 

14 applicable laws, if the Secretary determines that the 

15 requirements of such program meet the require16 ments of this section. A covered chemical facility 

17 may meet the site security plan requirement under 

18 subsection (a) by adopting an alternative security 

19 program that has been reviewed and approved by the 

20 Secretary under this paragraph. 

21 ‘‘(3) SITE SECURITY PLAN ASSESSMENTS.—In 

22 approving or disapproving a site security plan under 

23 this subsection, the Secretary shall employ the risk 

24 assessment policies and procedures developed under 

25 this title. In the case of a covered chemical facility 


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1 for which a site security plan has been approved by 

2 the Secretary before the date of the enactment of 

3 this title, the Secretary may not require the resub4 mission of the site security information solely by rea5 son of the enactment of this title. 

6 ‘‘(4) CONSULTATION.—The Secretary may con7 sult with the Government Accountability Office to 

8 investigate the feasibility and applicability a third 

9 party accreditation program that would work with 

10 industry stakeholders to develop site security plans 

11 that may be applicable to all similarly situated facili12 ties. The program would include the development of 

13 Program-Specific Handbooks for facilities to ref14 erence on site. 

15 ‘‘(d) COMPLIANCE.— 

16 ‘‘(1) AUDITS AND INSPECTIONS.— 

17 ‘‘(A) IN GENERAL.—The Secretary shall 

18 conduct the audit and inspection of covered 

19 chemical facilities for the purpose of deter20 mining compliance with this Act. The audit and 

21 inspection may be carried out by a non-Depart22 ment or nongovernment entity, as approved by 

23 the Secretary. 

24 ‘‘(B) REPORTING STRUCTURE.—Any audit 

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1 ployed by a nongovernment entity shall be as2 signed in coordination with the head of audits 

3 and inspections for the region in which the 

4 audit or inspection is to be conducted. When in 

5 the field, any individual employed by a non6 government entity shall report to the respective 

7 head of audits and inspections for the region in 

8 which the individual is operating. 

9 ‘‘(C) REQUIREMENTS FOR NONGOVERN10 MENT PERSONNEL.—If the Secretary arranges 

11 for an audit or inspection under subparagraph 

12 (A) to be carried out by a nongovernment enti13 ty, the Secretary shall require, as a condition of 

14 such arrangement, that any individual who con15 ducts the audit or inspection be a citizen of the 

16 United States and shall prescribe standards for 

17 the qualification of the individuals who carry 

18 out such audits and inspections that are com19 mensurate with the standards for a Government 

20 auditor or inspector. Such standards shall in21 clude— 

22 ‘‘(i) minimum training requirements 

23 for new auditors or inspectors; 

24 ‘‘(ii) retraining requirements; 


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1 ‘‘(iii) minimum education and experi2 ence levels; 

3 ‘‘(iv) the submission of information as 

4 required by the Secretary to enable deter5 mination of whether the auditor or inspec6 tor has a conflict of interest; 

7 ‘‘(v) the maintenance of a secret secu8 rity clearance; 

9 ‘‘(vi) reporting any issue of non-com10 pliance with this section to the Secretary 

11 within 24 hours; and 

12 ‘‘(vii) any additional qualifications for 

13 fitness of duty as the Secretary may estab14 lish. 

15 ‘‘(D) TRAINING OF DEPARTMENT AUDI16 TORS AND INSPECTORS.—The Secretary shall 

17 prescribe standards for the training and re18 training of individuals employed by the Depart19 ment as auditors and inspectors. Such stand20 ards shall include— 

21 ‘‘(i) minimum training requirements 

22 for new auditors and inspectors; 

23 ‘‘(ii) retraining requirements; and 

24 ‘‘(iii) any additional requirements the 

25 Secretary may establish. 


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1 ‘‘(2) NOTICE OF NONCOMPLIANCE.— 

2 ‘‘(A) NOTICE.—If the Secretary deter3 mines that a covered chemical facility or a 

4 chemical facility of interest is not in compliance 

5 with this section, the Secretary shall— 

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

7 the facility with— 

8 ‘‘(I) written notification (includ9 ing a clear explanation of any defi10 ciency in the security vulnerability as11 sessment or site security plan) by not 

12 later than 14 days after the deter13 mination is made; and 

14 ‘‘(II) an opportunity for consulta15 tion with the Secretary or the Sec16 retary’s designee; and 

17 ‘‘(ii) issue an order to comply by such 

18 date as the Secretary determines to be ap19 propriate under the circumstances. 

20 ‘‘(B) CONTINUED NONCOMPLIANCE.—If 

21 the owner or operator continues to be in non22 compliance after the date specified in such 

23 order, the Secretary may enter an order assess24 ing a civil penalty, an order to cease operations, 

25 or both. 


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1 ‘‘(3) PERSONNEL SURETY.— 

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

3 purposes of this title, the Secretary shall carry 

4 out a Personnel Surety Program that— 

5 ‘‘(i) does not require an owner or op6 erator of a covered chemical facility that 

7 voluntarily participates to submit informa8 tion about an individual more than one 

9 time; 

10 ‘‘(ii) provides a participating owner or 

11 operator of a covered chemical facility with 

12 feedback about an individual based on vet13 ting the individual against the terrorist 

14 screening database, to the extent that such 

15 feedback is necessary for the facility’s com16 pliance with regulations promulgated under 

17 this title; and 

18 ‘‘(iii) provides redress to an individual 

19 whose information was vetted against the 

20 terrorist screening database under the pro21 gram and who believes that the personally 

22 identifiable information submitted to the 

23 Department for such vetting by a covered 

24 chemical facility, or its designated rep25 resentative, was inaccurate. 


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1 ‘‘(B) PERSONNEL SURETY IMPLEMENTA2 TION.—To the extent that a risk-based per3 formance standard under subsection (a) is di4 rected toward identifying individuals with ter5 rorist ties— 

6 ‘‘(i) a covered chemical facility may 

7 satisfy its obligation under such standard 

8 with respect to an individual by utilizing 

9 any Federal screening program that peri10 odically vets individuals against the ter11 rorist screening database, or any successor, 

12 including the Personnel Surety Program 

13 under subparagraph (A); and 

14 ‘‘(ii) the Secretary may not require a 

15 covered chemical facility to submit any in16 formation about such individual unless the 

17 individual— 

18 ‘‘(I) is vetted under the Per19 sonnel Surety Program; or 

20 ‘‘(II) has been identified as pre21 senting a terrorism security risk. 

22 ‘‘(C) RESPONSIBILITIES OF SECURITY

23 SCREENING COORDINATION OFFICE.— 

24 ‘‘(i) IN GENERAL.—The Secretary 

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1 nation Office of the Department to coordi2 nate with the National Protection and Pro3 grams Directorate to expedite the develop4 ment of a common credential that screens 

5 against the terrorist screening database on 

6 a recurrent basis and meets all other 

7 screening requirements of this title. 

8 ‘‘(ii) REPORT.—Not later than March 

9 1, 2015, and annually thereafter, the Sec10 retary shall submit to Congress a report on 

11 the progress of the Secretary in meeting 

12 the requirements of clause (i). 

13 ‘‘(4) FACILITY ACCESS.—For purposes of the 

14 compliance of a covered chemical facility with a risk15 based performance standard established under sub16 section (a), the Secretary may not require the facil17 ity to submit any information about an individual 

18 who has been granted access to the facility unless 

19 the individual— 

20 ‘‘(A) was vetted under the Personnel Sur21 ety Program; or 

22 ‘‘(B) has been identified as presenting a 

23 terrorism security risk. 

24 ‘‘(5) AVAILABILITY OF INFORMATION.—The 

25 Secretary shall share with the owner or operator of 


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1 a covered chemical facility such information as the 

2 owner or operator needs to comply with this section. 

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

4 ‘‘(1) IDENTIFICATION OF FACILITIES OF INTER5 EST.—In carrying out this title, the Secretary shall 

6 consult with the heads of other Federal agencies, 

7 States and political subdivisions thereof, and rel8 evant business associations to identify all chemical 

9 facilities of interest. 

10 ‘‘(2) RISK ASSESSMENT.— 

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

12 title, the Secretary shall develop a risk assess13 ment approach and corresponding tiering meth14 odology that incorporates all relevant elements 

15 of risk, including threat, vulnerability, and con16 sequence. 

17 ‘‘(B) CRITERIA FOR DETERMINING SECU18 RITY RISK.—The criteria for determining the 

19 security risk of terrorism associated with a fa20 cility shall include— 

21 ‘‘(i) the relevant threat information; 

22 ‘‘(ii) the potential economic con23 sequences and the potential loss of human 

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1 ject to a terrorist attack, compromise, infil2 tration, or exploitation; and 

3 ‘‘(iii) the vulnerability of the facility 

4 to a terrorist attack, compromise, infiltra5 tion, or exploitation. 

6 ‘‘(3) CHANGES IN TIERING.—Any time that 

7 tiering for a covered chemical facility is changed and 

8 the facility is determined to no longer be subject to 

9 the requirements of this title, the Secretary shall 

10 maintain records to reflect the basis for this deter11 mination. The records shall include information on 

12 whether and how the information that was the basis 

13 for the determination was confirmed by the Sec14 retary. 

15 ‘‘(f) DEFINITIONS.—In this title: 

16 ‘‘(1) The term ‘covered chemical facility’ means 

17 a facility that the Secretary identifies as a chemical 

18 facility of interest and, based upon review of a Top19 Screen, as such term is defined in section 27.105 of 

20 title 6 of Code of Federal Regulations, determines 

21 meets the risk criteria developed pursuant subsection 

22 (e)(2)(B). Such term does not include any of the fol23 lowing: 


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1 ‘‘(A) A facility regulated pursuant to the 

2 Maritime Transportation Security Act of 2002 

3 (Public Law 107–295). 

4 ‘‘(B) A Public Water System, as such term 

5 is defined by section 1401 of the Safe Drinking 

6 Water Act (Public Law 93–523; 42 U.S.C. 

7 300f). 

8 ‘‘(C) A Treatment Works, as such term is 

9 defined in section 212 of the Federal Water 

10 Pollution Control Act (Public Law 92–500; 33 

11 U.S.C. 12920). 

12 ‘‘(D) Any facility owned or operated by the 

13 Department of Defense or the Department of 

14 Energy. 

15 ‘‘(E) Any facility subject to regulation by 

16 the Nuclear Regulatory Commission. 

17 ‘‘(2) The term ‘chemical facility of interest’ 

18 means a facility that holds, or that the Secretary 

19 has a reasonable basis to believe holds, a Chemical 

20 of Interest, as designated under in Appendix A of 

21 title 6 of the Code of Federal Regulations, at a 

22 threshold quantity that meets relevant risk-related 

23 criteria developed pursuant to subsection (e)(2)(B). 


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1 ‘‘SEC. 2102. PROTECTION AND SHARING OF INFORMATION. 

2 ‘‘(a) IN GENERAL.—Notwithstanding any other pro3 vision of law, information developed pursuant to this title, 

4 including vulnerability assessments, site security plans, 

5 and other security related information, records, and docu6 ments shall be given protections from public disclosure 

7 consistent with similar information developed by chemical 

8 facilities subject to regulation under section 70103 of title 

9 46, United States Code. 

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

11 LOCAL GOVERNMENTS.—This section does not prohibit 

12 the sharing of information developed pursuant to this title, 

13 as the Secretary deems appropriate, with State and local 

14 government officials possessing the necessary security 

15 clearances, including law enforcement officials and first 

16 responders, for the purpose of carrying out this title, if 

17 such information may not be disclosed pursuant to any 

18 State or local law. 

19 ‘‘(c) SHARING OF INFORMATION WITH FIRST RE20 SPONDERS.—The Secretary shall provide to State, local, 

21 and regional fusion centers (as such term is defined in 

22 section 210A(j)(1) of this Act) and State and local govern23 ment officials, as determined appropriate by the Secretary, 

24 such information as is necessary to help ensure that first 

25 responders are properly prepared and provided with the 

26 situational awareness needed to respond to incidents at 


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1 covered chemical facilities. Such information shall be dis2 seminated through the Homeland Security Information 

3 Network or the Homeland Secure Data Network, as ap4 propriate. 

5 ‘‘(d) ENFORCEMENT PROCEEDINGS.—In any pro6 ceeding to enforce this section, vulnerability assessments, 

7 site security plans, and other information submitted to or 

8 obtained by the Secretary under this section, and related 

9 vulnerability or security information, shall be treated as 

10 if the information were classified material. 

11 ‘‘SEC. 2103. CIVIL PENALTIES. 

12 ‘‘(a) VIOLATIONS.—Any person who violates an order 

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

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

15 ‘‘(b) RIGHT OF ACTION.—Nothing in this title con16 fers upon any person except the Secretary a right of action 

17 against an owner or operator of a covered chemical facility 

18 to enforce any provision of this title. 

19 ‘‘SEC. 2104. WHISTLEBLOWER PROTECTIONS. 

20 ‘‘The Secretary shall publish on the Internet website 

21 of the Department and in other materials made available 

22 to the public the whistleblower protections that an indi23 vidual providing such information would have. 


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1 ‘‘SEC. 2105. RELATIONSHIP TO OTHER LAWS. 

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

3 shall be construed to supersede, amend, alter, or affect 

4 any Federal law that regulates the manufacture, distribu5 tion in commerce, use, sale, other treatment, or disposal 

6 of chemical substances or mixtures. 

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

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

9 political subdivision thereof to adopt or enforce any regu10 lation, requirement, or standard of performance with re11 spect to chemical facility security that is more stringent 

12 than a regulation, requirement, or standard of perform13 ance issued under this section, or otherwise impair any 

14 right or jurisdiction of any State with respect to chemical 

15 facilities within that State, unless there is an actual con16 flict between this section and the law of that State. 

17 ‘‘(c) RAIL TRANSIT.— 

18 ‘‘(1) DUPLICATIVE REGULATIONS.—The Sec19 retary shall coordinate with the Assistant Secretary 

20 of Homeland Security (Transportation Security Ad21 ministration) to eliminate any provision of this title 

22 applicable to rail security that would duplicate any 

23 security measure under the Rail Transportation Se24 curity Rule under section 1580 of title 49 of the 

25 Code of Federal Regulations, as in effect as of the 

26 date of the enactment of this title. To the extent 


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1 that there is a conflict between this title and any 

2 regulation under the jurisdiction of the Transpor3 tation Security Administration, the regulation under 

4 the jurisdiction of the Transportation Security Ad5 ministration shall prevail. 

6 ‘‘(2) EXEMPTION FROM TOP-SCREEN.—A rail 

7 transit facility or a rail facility, as such terms are 

8 defined in section 1580.3 of title 49 of the Code of 

9 Federal Regulations, to which subpart 3 of such title 

10 applies pursuant to section 1580.100 of such title 

11 shall not be required to complete a Top-Screen as 

12 such term is defined in section 27.105 of title 6 of 

13 the Code of Federal Regulations. 

14 ‘‘SEC. 2106. REPORTS. 

15 ‘‘(a) REPORT TO CONGRESS.—Not later than 18 

16 months after the date of the enactment of this title, the 

17 Secretary shall submit to Congress a report on the Chem18 ical Facilities Anti-Terrorism Standards Program. Such 

19 report shall include each of the following: 

20 ‘‘(1) Certification by the Secretary that the Sec21 retary has made significant progress in the identi22 fication of all chemical facilities of interest pursuant 

23 to section 2101(e)(1), including a description of the 

24 steps taken to achieve such progress and the metrics 

25 used to measure it, information on whether facilities 


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1 that submitted Top-Screens as a result of such ef2 forts were tiered and in what tiers they were placed, 

3 and an action plan to better identify chemical facili4 ties of interest and bring those facilities into compli5 ance. 

6 ‘‘(2) Certification by the Secretary that the Sec7 retary has developed a risk assessment approach and 

8 corresponding tiering methodology pursuant to sec9 tion 2101(e)(2). 

10 ‘‘(3) An assessment by the Secretary of the im11 plementation by the Department of any rec12 ommendations made by the Homeland Security 

13 Studies and Analysis Institute as outlined in the In14 stitute’s Tiering Methodology Peer Review (Publica15 tion Number: RP12–22–02). 

16 ‘‘(b) SEMIANNUAL GAO REPORT.—During the 3- 

17 year period beginning on the date of the enactment of this 

18 title, the Comptroller General of the United States shall 

19 submit a semiannual report to Congress containing the as20 sessment of the Comptroller General of the implementa21 tion of this title. The Comptroller General shall submit 

22 the first such report by not later than the date that is 

23 180 days after the date of the enactment of this title. 


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1 ‘‘SEC. 2107. CFATS REGULATIONS. 

2 ‘‘(a) IN GENERAL.—The Secretary is authorized, in 

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

4 to promulgate regulations implementing the provisions of 

5 this title. 

6 ‘‘(b) EXISTING CFATS REGULATIONS.—In carrying 

7 out the requirements of this title, the Secretary shall use 

8 the CFATS regulations, as in effect immediately before 

9 the date of the enactment of this title, that the Secretary 

10 determines carry out such requirements, and may issue 

11 new regulations or amend such regulations pursuant to 

12 the authority in subsection (a). 

13 ‘‘(c) DEFINITION OF CFATS REGULATIONS.—In this 

14 section, the term ‘CFATS regulations’ means the regula15 tions prescribed pursuant to section 550 of the Depart16 ment of Homeland Security Appropriations Act, 2007 

17 (Public Law 109–295; 120 Stat. 1388; 6 U.S.C. 121 

18 note), as well as all Federal Register notices and other 

19 published guidance concerning section 550 of the Depart20 ment of Homeland Security Appropriations Act, 2007. 

21 ‘‘(d) AUTHORITY.—The Secretary shall exclusively 

22 rely upon authority provided in this title for determining 

23 compliance with this title in— 

24 ‘‘(1) identifying chemicals of interest; 

25 ‘‘(2) designating chemicals of interest; and 


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

2 chemical facility. 

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

4 ‘‘(a) IN GENERAL.—The Secretary may provide guid5 ance and, as appropriate, tools, methodologies, or com6 puter software, to assist small covered chemical facilities 

7 in developing their physical security. 

8 ‘‘(b) REPORT.—The Secretary shall submit to the 

9 Committee on Homeland Security of the House of Rep10 resentatives and the Committee on Homeland Security 

11 and Governmental Affairs of the Senate a report on best 

12 practices that may assist small chemical facilities, as de13 fined by the Secretary, in development of physical security 

14 best practices. 

15 ‘‘(c) DEFINITION.—For purposes of this section, the 

16 term ‘small covered chemical facility’ means a covered 

17 chemical facility that has fewer than 350 employees em18 ployed at the covered chemical facility, and is not a branch 

19 or subsidiary of another entity. 

20 ‘‘SEC. 2109. OUTREACH TO CHEMICAL FACILITIES OF IN21 TEREST. 

22 ‘‘Not later than 90 days after the date of the enact23 ment of this title, the Secretary shall establish an outreach 

24 implementation plan, in coordination with the heads of 

25 other appropriate Federal and State agencies and relevant 


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1 business associations, to identify chemical facilities of in2 terest and make available compliance assistance materials 

3 and information on education and training. 

4 ‘‘SEC. 2110. AUTHORIZATION OF APPROPRIATIONS. 

5 ‘‘There is authorized to be appropriated to carry out 

6 this title $81,000,000 for each of fiscal years 2015, 2016, 

7 and 2017.’’. 

8 (b) CLERICAL AMENDMENT.—The table of contents 

9 in section 1(b) of such Act is amended by adding at the 

10 end the following: 

‘‘TITLE XXI—CHEMICAL FACILITY ANTI–TERRORISM STANDARDS 

‘‘Sec. 2101. Chemical Facility Anti-Terrorism Standards Program. 

‘‘Sec. 2102. Protection and sharing of information. 

‘‘Sec. 2103. Civil penalties. 

‘‘Sec. 2104. Whistleblower protections. 

‘‘Sec. 2105. Relationship to other laws. 

‘‘Sec. 2106. Reports. 

‘‘Sec. 2107. CFATS regulations. 

‘‘Sec. 2108. Small covered chemical facilities. 

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

‘‘Sec. 2110. Authorization of appropriations.’’. 

11 (c) THIRD-PARTY ASSESSMENT.—Using amounts au12 thorized to be appropriated under section 2110 of the 

13 Homeland Security Act of 2002, as added by subsection 

14 (a), the Secretary of Homeland Security shall commission 

15 a third-party study to assess vulnerabilities to acts of ter16 rorism associated with the Chemical Facility Anti-Ter17 rorism Standards program, as authorized pursuant to sec18 tion 550 of the Department of Homeland Security Appro19 priations Act, 2007 (Public Law 109–295; 120 Stat. 

20 1388; 6 U.S.C. 121 note). 


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1 (d) METRICS.—Not later than 180 days after the 

2 date of the enactment of this Act, the Secretary shall sub3 mit to Congress a plan for the utilization of metrics to 

4 assess the effectiveness of the Chemical Facility Anti-Ter5 rorism Standards program to reduce the risk of a terrorist 

6 attack or other security risk to those citizens and commu7 nities surrounding covered chemical facilities. The plan 

8 shall include benchmarks on when the program will begin 

9 utilizing the metrics and how the Department of Home10 land Security plans to use the information to inform the 

11 program. 

12 SEC. 3. EFFECTIVE DATE. 

13 This Act, and the amendments made by this Act, 

14 shall take effect on the date that is 30 days after the date 

15 of the enactment of this Act. 

16 SECTION 1. SHORT TITLE. 

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

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

19 SEC. 2. CHEMICAL FACILITY ANTI-TERRORISM STANDARDS 

20 PROGRAM. 

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

22 2002 (6 U.S.C. 101 et seq.) is amended by adding at the 

23 end the following: 


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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 


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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 


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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 


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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; 


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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; 


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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.—A facility, in developing 

16 a site security plan as required under subsection (a), shall 

17 include security measures that, in combination, appro18 priately address the security vulnerability assessment and 

19 the risk-based performance standards for security for the fa20 cility. 

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

22 PLANS.— 

23 ‘‘(1) IN GENERAL.— 

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

25 paragraph (4), the Secretary shall review and 


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1 approve or disapprove each site security plan 

2 submitted pursuant to subsection (a). 

3 ‘‘(B) BASES FOR DISAPPROVAL.—The Sec4 retary— 

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

6 plan based on the presence or absence of a 

7 particular security measure; and 

8 ‘‘(ii) shall disapprove a site security 

9 plan if the plan fails to satisfy the risk10 based performance standards established 

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

12 ‘‘(2) ALTERNATIVE SECURITY PROGRAMS.— 

13 ‘‘(A) AUTHORITY TO APPROVE.— 

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

15 approve an alternative security program es16 tablished by a private sector entity or a 

17 Federal, State, or local authority or under 

18 other applicable laws, if the Secretary deter19 mines that the requirements of the program 

20 meet the requirements under this section. 

21 ‘‘(ii) ADDITIONAL SECURITY MEAS22 URES.—If the requirements of an alter23 native security program do not meet the re24 quirements under this section, the Secretary 

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1 ures to the program that will enable the 

2 Secretary to approve the program. 

3 ‘‘(B) SATISFACTION OF SITE SECURITY

4 PLAN REQUIREMENT.—A covered chemical facil5 ity may satisfy the site security plan require6 ment under subsection (a) by adopting an alter7 native security program that the Secretary has— 

8 ‘‘(i) reviewed and approved under sub9 paragraph (A); and 

10 ‘‘(ii) determined to be appropriate for 

11 the operations and security concerns of the 

12 covered chemical facility. 

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

14 ‘‘(A) RISK ASSESSMENT POLICIES AND PRO15 CEDURES.—In approving or disapproving a site 

16 security plan under this subsection, the Sec17 retary shall employ the risk assessment policies 

18 and procedures developed under this title. 

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

20 the case of a covered chemical facility for which 

21 the Secretary approved a site security plan be22 fore the date of enactment of the Protecting and 

23 Securing Chemical Facilities from Terrorist At24 tacks Act of 2014, the Secretary may not require 


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1 the facility to resubmit the site security plan 

2 solely by reason of the enactment of this title. 

3 ‘‘(4) EXPEDITED APPROVAL PROGRAM.— 

4 ‘‘(A) IN GENERAL.—A covered chemical fa5 cility assigned to tier 3 or 4 may meet the re6 quirement to develop and submit a site security 

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

8 and submitting to the Secretary— 

9 ‘‘(i) a site security plan and the cer10 tification described in subparagraph (C); or 

11 ‘‘(ii) a site security plan in conform12 ance with a template authorized under sub13 paragraph (H). 

14 ‘‘(B) GUIDANCE FOR EXPEDITED APPROVAL

15 FACILITIES.— 

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

17 days after the date of enactment of the Pro18 tecting and Securing Chemical Facilities 

19 from Terrorist Attacks Act of 2014, the Sec20 retary shall issue guidance for expedited ap21 proval facilities that identifies specific secu22 rity measures that are sufficient to meet the 

23 risk-based performance standards. 

24 ‘‘(ii) MATERIAL DEVIATION FROM

25 GUIDANCE.—If a security measure in the 


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1 site security plan of an expedited approval 

2 facility materially deviates from a security 

3 measure in the guidance for expedited ap4 proval facilities, the site security plan shall 

5 include an explanation of how such security 

6 measure meets the risk-based performance 

7 standards. 

8 ‘‘(iii) PROCESS.—In developing and 

9 issuing, or amending, the guidance for expe10 dited approval facilities under this subpara11 graph and in collecting information from 

12 expedited approval facilities, the Sec13 retary— 

14 ‘‘(I) shall consult with— 

15 ‘‘(aa) Sector Coordinating 

16 Councils established under sec17 tions 201 and 871(a); and 

18 ‘‘(bb) appropriate labor orga19 nizations; and 

20 ‘‘(II) shall not be subject to section 

21 553 of title 5, United States Code, the 

22 National Environmental Policy Act of 

23 1969 (42 U.S.C. 4321 et seq.), sub24 chapter I of chapter 35 of title 44, 


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1 United States Code, or section 2107(b) 

2 of this title. 

3 ‘‘(C) CERTIFICATION.—The owner or oper4 ator of an expedited approval facility shall sub5 mit to the Secretary a certification, signed under 

6 penalty of perjury, that— 

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

8 with the requirements of this title and part 

9 27 of title 6, Code of Federal Regulations, 

10 or any successor thereto, and the site secu11 rity plan being submitted; 

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

13 security measures required by subsection 

14 (b); 

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

16 site security plan do not materially deviate 

17 from the guidance for expedited approval 

18 facilities except where indicated in the site 

19 security plan; 

20 ‘‘(II) any deviations from the guidance 

21 for expedited approval facilities in the site 

22 security plan meet the risk-based perform23 ance standards for the tier to which the fa24 cility is assigned; and 


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1 ‘‘(III) the owner or operator has pro2 vided an explanation of how the site secu3 rity plan meets the risk-based performance 

4 standards for any material deviation; 

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

6 examined, documented, and verified that the 

7 expedited approval facility meets the cri8 teria set forth in the site security plan; 

9 ‘‘(v) the expedited approval facility has 

10 implemented all of the required performance 

11 measures outlined in the site security plan 

12 or set out planned measures that will be im13 plemented within a reasonable time period 

14 stated in the site security plan; 

15 ‘‘(vi) each individual responsible for 

16 implementing the site security plan is fully 

17 aware of the requirements relevant to the 

18 individual’s responsibility contained in the 

19 site security plan and is competent to carry 

20 out those requirements; and 

21 ‘‘(vii) the owner or operator has com22 mitted, or, in the case of planned measures 

23 will commit, the necessary resources to fully 

24 implement the site security plan. 

25 ‘‘(D) DEADLINE.— 


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

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

3 the owner or operator of an expedited ap4 proval facility shall submit to the Secretary 

5 the site security plan and the certification 

6 described in subparagraph (C). 

7 ‘‘(ii) DATE.—The date described in 

8 this clause is— 

9 ‘‘(I) for an expedited approval fa10 cility that was assigned to tier 3 or 4 

11 under existing CFATS regulations be12 fore the date of enactment of the Pro13 tecting and Securing Chemical Facili14 ties from Terrorist Attacks Act of 2014, 

15 the date that is 210 days after the date 

16 of enactment of that Act; and 

17 ‘‘(II) for any expedited approval 

18 facility not described in subclause (I), 

19 the later of— 

20 ‘‘(aa) the date on which the 

21 expedited approval facility is as22 signed to tier 3 or 4 under sub23 section (e)(2)(A); or 

24 ‘‘(bb) the date that is 210 

25 days after the date of enactment 


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1 of the Protecting and Securing 

2 Chemical Facilities from Terrorist 

3 Attacks Act of 2014. 

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

5 of an expedited approval facility shall no6 tify the Secretary of the intent of the owner 

7 or operator to certify the site security plan 

8 for the expedited approval facility not later 

9 than 30 days before the date on which the 

10 owner or operator submits the site security 

11 plan and certification described in subpara12 graph (C). 

13 ‘‘(E) COMPLIANCE.— 

14 ‘‘(i) IN GENERAL.—For an expedited 

15 approval facility submitting a site security 

16 plan and certification in accordance with 

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

18 ‘‘(I) the expedited approval facil19 ity shall comply with all of the re20 quirements of its site security plan; 

21 and 

22 ‘‘(II) the Secretary— 

23 ‘‘(aa) except as provided in 

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1 approve the site security plan; 

2 and 

3 ‘‘(bb) may audit and inspect 

4 the expedited approval facility 

5 under subsection (d) to verify 

6 compliance with its site security 

7 plan. 

8 ‘‘(ii) NONCOMPLIANCE.—If the Sec9 retary determines an expedited approval fa10 cility is not in compliance with the require11 ments of the site security plan or is other12 wise in violation of this title, the Secretary 

13 may enforce compliance in accordance with 

14 section 2104. 

15 ‘‘(F) AMENDMENTS TO SITE SECURITY

16 PLAN.— 

17 ‘‘(i) REQUIREMENT.— 

18 ‘‘(I) IN GENERAL.—If the owner 

19 or operator of an expedited approval 

20 facility amends a site security plan 

21 submitted under subparagraph (A), the 

22 owner or operator shall submit the 

23 amended site security plan and a cer24 tification relating to the amended site 


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1 security plan that contains the infor2 mation described in subparagraph (C). 

3 ‘‘(II) TECHNICAL AMENDMENTS.— 

4 For purposes of this clause, an amend5 ment to a site security plan includes 

6 any technical amendment to the site 

7 security plan. 

8 ‘‘(ii) AMENDMENT REQUIRED.—The 

9 owner or operator of an expedited approval 

10 facility shall amend the site security plan 

11 if— 

12 ‘‘(I) there is a change in the de13 sign, construction, operation, or main14 tenance of the expedited approval facil15 ity that affects the site security plan; 

16 ‘‘(II) the Secretary requires addi17 tional security measures or suspends a 

18 certification and recommends addi19 tional security measures under sub20 paragraph (G); or 

21 ‘‘(III) the owner or operator re22 ceives notice from the Secretary of a 

23 change in tiering under subsection 

24 (e)(3). 


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1 ‘‘(iii) DEADLINE.—An amended site 

2 security plan and certification shall be sub3 mitted under clause (i)— 

4 ‘‘(I) in the case of a change in de5 sign, construction, operation, or main6 tenance of the expedited approval facil7 ity that affects the security plan, not 

8 later than 120 days after the date on 

9 which the change in design, construc10 tion, operation, or maintenance oc11 curred; 

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

13 requiring additional security measures 

14 or suspending a certification and rec15 ommending additional security meas16 ures under subparagraph (G), not later 

17 than 120 days after the date on which 

18 the owner or operator receives notice of 

19 the requirement for additional security 

20 measures or suspension of the certifi21 cation and recommendation of addi22 tional security measures; and 

23 ‘‘(III) in the case of a change in 

24 tiering, not later than 120 days after 

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1 ator receives notice under subsection 

2 (e)(3). 

3 ‘‘(G) FACIALLY DEFICIENT SITE SECURITY

4 PLANS.— 

5 ‘‘(i) PROHIBITION.—Notwithstanding 

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

7 may suspend the authority of a covered 

8 chemical facility to certify a site security 

9 plan if the Secretary— 

10 ‘‘(I) determines the certified site 

11 security plan or an amended site secu12 rity plan is facially deficient; and 

13 ‘‘(II) not later than 100 days 

14 after the date on which the Secretary 

15 receives the site security plan and cer16 tification, provides the covered chem17 ical facility with written notification 

18 that the site security plan is facially 

19 deficient, including a clear explanation 

20 of each deficiency in the site security 

21 plan. 

22 ‘‘(ii) ADDITIONAL SECURITY MEAS23 URES.— 

24 ‘‘(I) IN GENERAL.—If, during or 

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1 pedited approval facility, the Secretary 

2 determines that planned or imple3 mented security measures in the site 

4 security plan of the facility are insuffi5 cient to meet the risk-based perform6 ance standards based on misrepresen7 tation, omission, or an inadequate de8 scription of the site, the Secretary 

9 may— 

10 ‘‘(aa) require additional se11 curity measures; or 

12 ‘‘(bb) suspend the certifi13 cation of the facility. 

14 ‘‘(II) RECOMMENDATION OF ADDI15 TIONAL SECURITY MEASURES.—If the 

16 Secretary suspends the certification of 

17 an expedited approval facility under 

18 subclause (I), the Secretary shall— 

19 ‘‘(aa) recommend specific ad20 ditional security measures that, if 

21 made part of the site security 

22 plan by the facility, would enable 

23 the Secretary to approve the site 

24 security plan; and 


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1 ‘‘(bb) provide the facility an 

2 opportunity to submit a new or 

3 modified site security plan and 

4 certification under subparagraph 

5 (A). 

6 ‘‘(III) SUBMISSION; REVIEW.—If 

7 an expedited approval facility deter8 mines to submit a new or modified site 

9 security plan and certification as au10 thorized under subclause (II)(bb)— 

11 ‘‘(aa) not later than 90 days 

12 after the date on which the facil13 ity receives recommendations 

14 under subclause (II)(aa), the facil15 ity shall submit the new or modi16 fied plan and certification; and 

17 ‘‘(bb) not later than 45 days 

18 after the date on which the Sec19 retary receives the new or modi20 fied plan under item (aa), the 

21 Secretary shall review the plan 

22 and determine whether the plan is 

23 facially deficient. 


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1 ‘‘(IV) DETERMINATION NOT TO IN2 CLUDE ADDITIONAL SECURITY MEAS3 URES.— 

4 ‘‘(aa) REVOCATION OF CER5 TIFICATION.—If an expedited ap6 proval facility does not agree to 

7 include in its site security plan 

8 specific additional security meas9 ures recommended by the Sec10 retary under subclause (II)(aa), 

11 or does not submit a new or modi12 fied site security plan in accord13 ance with subclause (III), the Sec14 retary may revoke the certifi15 cation of the facility by issuing 

16 an order under section 

17 2104(a)(1)(B). 

18 ‘‘(bb) EFFECT OF REVOCA19 TION.—If the Secretary revokes 

20 the certification of an expedited 

21 approval facility under item (aa) 

22 by issuing an order under section 

23 2104(a)(1)(B)— 

24 ‘‘(AA) the order shall re25 quire the owner or operator 


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1 of the facility to submit a 

2 site security plan or alter3 native security program for 

4 review by the Secretary re5 view under subsection (c)(1); 

6 and 

7 ‘‘(BB) the facility shall 

8 no longer be eligible to certify 

9 a site security plan under 

10 this paragraph. 

11 ‘‘(V) FACIAL DEFICIENCY.—If the 

12 Secretary determines that a new or 

13 modified site security plan submitted 

14 by an expedited approval facility 

15 under subclause (III) is facially defi16 cient— 

17 ‘‘(aa) not later than 120 

18 days after the date of the deter19 mination, the owner or operator 

20 of the facility shall submit a site 

21 security plan or alternative secu22 rity program for review by the 

23 Secretary under subsection (c)(1); 

24 and 


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1 ‘‘(bb) the facility shall no 

2 longer be eligible to certify a site 

3 security plan under this para4 graph. 

5 ‘‘(H) TEMPLATES.— 

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

7 develop prescriptive site security plan tem8 plates with specific security measures to 

9 meet the risk-based performance standards 

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

11 certification by a covered chemical facility 

12 assigned to tier 3 or 4 in lieu of developing 

13 and certifying its own plan. 

14 ‘‘(ii) PROCESS.—In developing and 

15 issuing, or amending, the site security plan 

16 templates under this subparagraph, issuing 

17 guidance for implementation of the tem18 plates, and in collecting information from 

19 expedited approval facilities, the Sec20 retary— 

21 ‘‘(I) shall consult with— 

22 ‘‘(aa) Sector Coordinating 

23 Councils established under sec24 tions 201 and 871(a); and 


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1 ‘‘(bb) appropriate labor orga2 nizations; and 

3 ‘‘(II) shall not be subject to section 

4 553 of title 5, United States Code, the 

5 National Environmental Policy Act of 

6 1969 (42 U.S.C. 4321 et seq.), sub7 chapter I of chapter 35 of title 44, 

8 United States Code, or section 2107(b) 

9 of this title. 

10 ‘‘(iii) RULE OF CONSTRUCTION.—Noth11 ing in this subparagraph shall be construed 

12 to prevent a covered chemical facility from 

13 developing and certifying its own security 

14 plan in accordance with subparagraph (A). 

15 ‘‘(I) EVALUATION.— 

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

17 months after the date of enactment of the 

18 Protecting and Securing Chemical Facili19 ties from Terrorist Attacks Act of 2014, the 

20 Secretary shall take any appropriate action 

21 necessary for a full evaluation of the expe22 dited approval program authorized under 

23 this paragraph, including conducting an 

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1 thorized under subsection (d), of expedited 

2 approval facilities. 

3 ‘‘(ii) REPORT.—Not later than 18 

4 months after the date of enactment of the 

5 Protecting and Securing Chemical Facili6 ties from Terrorist Attacks Act of 2014, the 

7 Secretary shall submit to the Committee on 

8 Homeland Security and Governmental Af9 fairs of the Senate and the Committee on 

10 Homeland Security of the House of Rep11 resentatives a report that contains— 

12 ‘‘(I) any costs and efficiencies as13 sociated with the expedited approval 

14 program authorized under this para15 graph; 

16 ‘‘(II) the impact of the expedited 

17 approval program on the backlog for 

18 site security plan approval and au19 thorization inspections; 

20 ‘‘(III) an assessment of the ability 

21 of expedited approval facilities to sub22 mit facially sufficient site security 

23 plans; 

24 ‘‘(IV) an assessment of any im25 pact of the expedited approval program 


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1 on the security of chemical facilities; 

2 and 

3 ‘‘(V) a recommendation by the 

4 Secretary on the frequency of compli5 ance inspections that may be required 

6 for expedited approval facilities. 

7 ‘‘(d) COMPLIANCE.— 

8 ‘‘(1) AUDITS AND INSPECTIONS.— 

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

10 ‘‘(i) the term ‘nondepartmental’— 

11 ‘‘(I) with respect to personnel, 

12 means personnel that is not employed 

13 by the Department; and 

14 ‘‘(II) with respect to an entity, 

15 means an entity that is not a compo16 nent or other authority of the Depart17 ment; and 

18 ‘‘(ii) the term ‘nongovernmental’— 

19 ‘‘(I) with respect to personnel, 

20 means personnel that is not employed 

21 by the Federal Government; and 

22 ‘‘(II) with respect to an entity, 

23 means an entity that is not an agency, 

24 department, or other authority of the 

25 Federal Government. 


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1 ‘‘(B) AUTHORITY TO CONDUCT AUDITS AND

2 INSPECTIONS.—The Secretary shall conduct au3 dits or inspections under this title using— 

4 ‘‘(i) employees of the Department; or 

5 ‘‘(ii) nondepartmental or nongovern6 mental personnel approved by the Sec7 retary. 

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

9 may use nongovernmental personnel to provide 

10 administrative and logistical services in support 

11 of audits and inspections under this title. 

12 ‘‘(D) REPORTING STRUCTURE.— 

13 ‘‘(i) NONDEPARTMENTAL AND NON14 GOVERNMENTAL AUDITS AND INSPEC15 TIONS.—Any audit or inspection conducted 

16 by an individual employed by a nondepart17 mental or nongovernmental entity shall be 

18 assigned in coordination with a regional 

19 supervisor with responsibility for super20 vising inspectors within the Infrastructure 

21 Security Compliance Division of the De22 partment for the region in which the audit 

23 or inspection is to be conducted. 

24 ‘‘(ii) REQUIREMENT TO REPORT.— 

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1 departmental or nongovernmental entity is 

2 in the field conducting an audit or inspec3 tion under this subsection, the individual 

4 shall report to the regional supervisor with 

5 responsibility for supervising inspectors 

6 within the Infrastructure Security Compli7 ance Division of the Department for the re8 gion in which the individual is operating. 

9 ‘‘(iii) APPROVAL.—The authority to 

10 approve a site security plan under sub11 section (c) or determine if a covered chem12 ical facility is in compliance with an ap13 proved site security plan shall be exercised 

14 solely by the Secretary or a designee of the 

15 Secretary within the Department. 

16 ‘‘(E) STANDARDS FOR AUDITORS AND IN17 SPECTORS.—The Secretary shall prescribe stand18 ards for the training and retraining of each in19 dividual used by the Department as an auditor 

20 or inspector, including each individual employed 

21 by the Department and all nondepartmental or 

22 nongovernmental personnel, including— 

23 ‘‘(i) minimum training requirements 

24 for new auditors and inspectors; 

25 ‘‘(ii) retraining requirements; 


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1 ‘‘(iii) minimum education and experi2 ence levels; 

3 ‘‘(iv) the submission of information as 

4 required by the Secretary to enable deter5 mination of whether the auditor or inspec6 tor has a conflict of interest; 

7 ‘‘(v) the proper certification or certifi8 cations necessary to handle chemical-ter9 rorism vulnerability information (as de10 fined in section 27.105 of title 6, Code of 

11 Federal Regulations, or any successor there12 to); 

13 ‘‘(vi) the reporting of any issue of non14 compliance with this section to the Sec15 retary within 24 hours; and 

16 ‘‘(vii) any additional qualifications for 

17 fitness of duty as the Secretary may re18 quire. 

19 ‘‘(F) CONDITIONS FOR NONGOVERNMENTAL

20 AUDITORS AND INSPECTORS.—If the Secretary 

21 arranges for an audit or inspection under sub22 paragraph (B) to be carried out by a nongovern23 mental entity, the Secretary shall— 

24 ‘‘(i) prescribe standards for the quali25 fication of the individuals who carry out 


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1 such audits and inspections that are com2 mensurate with the standards for similar 

3 Government auditors or inspectors; and 

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

5 by a nongovernmental entity are not inher6 ently governmental functions. 

7 ‘‘(2) PERSONNEL SURETY.— 

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

9 purposes of this title, the Secretary shall estab10 lish and carry out a Personnel Surety Program 

11 that— 

12 ‘‘(i) does not require an owner or oper13 ator of a covered chemical facility that vol14 untarily participates in the program to 

15 submit information about an individual 

16 more than one time; 

17 ‘‘(ii) provides a participating owner or 

18 operator of a covered chemical facility with 

19 relevant information about an individual 

20 based on vetting the individual against the 

21 terrorist screening database, to the extent 

22 that such feedback is necessary for the facil23 ity to be in compliance with regulations 

24 promulgated under this title; and 


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1 ‘‘(iii) provides redress to an indi2 vidual— 

3 ‘‘(I) whose information was vetted 

4 against the terrorist screening database 

5 under the program; and 

6 ‘‘(II) who believes that the person7 ally identifiable information submitted 

8 to the Department for such vetting by 

9 a covered chemical facility, or its des10 ignated representative, was inaccurate. 

11 ‘‘(B) PERSONNEL SURETY PROGRAM IMPLE12 MENTATION.—To the extent that a risk-based 

13 performance standard established under sub14 section (a) requires identifying individuals with 

15 ties to terrorism— 

16 ‘‘(i) a covered chemical facility may 

17 satisfy its obligation under the standard by 

18 using any Federal screening program that 

19 periodically vets individuals against the 

20 terrorist screening database, or any suc21 cessor program, including the Personnel 

22 Surety Program established under subpara23 graph (A); and 

24 ‘‘(ii) the Secretary may not require a 

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1 formation about an individual unless the 

2 individual— 

3 ‘‘(I) is to be vetted under the Per4 sonnel Surety Program; or 

5 ‘‘(II) has been identified as pre6 senting a terrorism security risk. 

7 ‘‘(3) AVAILABILITY OF INFORMATION.—The Sec8 retary shall share with the owner or operator of a 

9 covered chemical facility any information that the 

10 owner or operator needs to comply with this section. 

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

12 ‘‘(1) IDENTIFICATION OF CHEMICAL FACILITIES

13 OF INTEREST.—In carrying out this title, the Sec14 retary shall consult with the heads of other Federal 

15 agencies, States and political subdivisions thereof, rel16 evant business associations, and public and private 

17 labor organizations to identify all chemical facilities 

18 of interest. 

19 ‘‘(2) RISK ASSESSMENT.— 

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

21 title, the Secretary shall develop a security risk 

22 assessment approach and corresponding tiering 

23 methodology for covered chemical facilities that 

24 incorporates the relevant elements of risk, includ25 ing threat, vulnerability, and consequence. 


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1 ‘‘(B) CRITERIA FOR DETERMINING SECU2 RITY RISK.—The criteria for determining the se3 curity risk of terrorism associated with a covered 

4 chemical facility shall take into account— 

5 ‘‘(i) relevant threat information; 

6 ‘‘(ii) potential economic consequences 

7 and the potential loss of human life in the 

8 event of the facility being subject to a ter9 rorist attack, compromise, infiltration, or 

10 exploitation; and 

11 ‘‘(iii) vulnerability of the facility to a 

12 terrorist attack, compromise, infiltration, or 

13 exploitation. 

14 ‘‘(3) CHANGES IN TIERING.— 

15 ‘‘(A) MAINTENANCE OF RECORDS.—The 

16 Secretary shall document the basis for each in17 stance in which— 

18 ‘‘(i) tiering for a covered chemical fa19 cility is changed; or 

20 ‘‘(ii) a covered chemical facility is de21 termined to no longer be subject to the re22 quirements under this title. 

23 ‘‘(B) REQUIRED INFORMATION.—The 

24 records maintained under subparagraph (A) 

25 shall include information on whether and how 


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1 the Secretary confirmed the information that 

2 was the basis for the change or determination de3 scribed in subparagraph (A). 

4 ‘‘(4) SEMIANNUAL PERFORMANCE REPORTING.— 

5 Not later than 6 months after the date of enactment 

6 of the Protecting and Securing Chemical Facilities 

7 from Terrorist Attacks Act of 2014, and not less fre8 quently than once every 6 months thereafter, the Sec9 retary shall submit to the Committee on Homeland 

10 Security and Governmental Affairs of the Senate and 

11 the Committee on Homeland Security of the House of 

12 Representatives a report that describes, for the period 

13 covered by the report— 

14 ‘‘(A) the number of covered chemical facili15 ties in the United States; 

16 ‘‘(B) the average number of days spent re17 viewing site security or an alternative security 

18 program for a covered chemical facility prior to 

19 approval; 

20 ‘‘(C) the number of covered chemical facili21 ties inspected; 

22 ‘‘(D) the average number of covered chem23 ical facilities inspected per inspector; and 

24 ‘‘(E) any other information that the Sec25 retary determines will be helpful to Congress in 


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1 evaluating the performance of the Chemical Fa2 cility Anti-Terrorism Standards Program. 

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

4 ‘‘(a) IN GENERAL.—Notwithstanding any other provi5 sion of law, information developed under this title, includ6 ing vulnerability assessments, site security plans, and other 

7 security related information, records, and documents shall 

8 be given protections from public disclosure consistent with 

9 the protection of similar information under section 

10 70103(d) of title 46, United States Code. 

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

12 LOCAL GOVERNMENTS.—Nothing in this section shall be 

13 construed to prohibit the sharing of information developed 

14 under this title, as the Secretary determines appropriate, 

15 with State and local government officials possessing a need 

16 to know and the necessary security clearances, including 

17 law enforcement officials and first responders, for the pur18 pose of carrying out this title. 

19 ‘‘(c) SHARING OF INFORMATION WITH FIRST RE20 SPONDERS.— 

21 ‘‘(1) REQUIREMENT.—The Secretary shall pro22 vide to State, local, and regional fusion centers (as 

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

24 and local government officials, as the Secretary deter25 mines appropriate, such information as is necessary 


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1 to help ensure that first responders are properly pre2 pared and provided with the situational awareness 

3 needed to respond to security incidents at covered 

4 chemical facilities. 

5 ‘‘(2) DISSEMINATION.—The Secretary shall dis6 seminate information under paragraph (1) through a 

7 medium or system determined by the Secretary to be 

8 appropriate to ensure the secure and expeditious dis9 semination of such information to necessary selected 

10 individuals. 

11 ‘‘(d) ENFORCEMENT PROCEEDINGS.—In any pro12 ceeding to enforce this section, vulnerability assessments, 

13 site security plans, and other information submitted to or 

14 obtained by the Secretary under this title, and related vul15 nerability or security information, shall be treated as if the 

16 information were classified information. 

17 ‘‘(e) AVAILABILITY OF INFORMATION.—Notwith18 standing any other provision of law (including section 

19 552(b)(3) of title 5, United States Code), section 552 of title 

20 5, United States Code (commonly known as the ‘Freedom 

21 of Information Act’) shall not apply to information pro22 tected from public disclosure pursuant to subsection (a) of 

23 this section. 

24 ‘‘SEC. 2104. CIVIL ENFORCEMENT. 

25 ‘‘(a) NOTICE OF NONCOMPLIANCE.— 


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

2 covered chemical facility is not in compliance with 

3 this title, the Secretary shall— 

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

5 facility with— 

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

7 on which the Secretary makes the deter8 mination, a written notification of non9 compliance that includes a clear expla10 nation of any deficiency in the security vul11 nerability assessment or site security plan; 

12 and 

13 ‘‘(ii) an opportunity for consultation 

14 with the Secretary or the Secretary’s des15 ignee; and 

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

17 facility an order to comply with this title by a 

18 date specified by the Secretary in the order, 

19 which date shall be not later than 180 days after 

20 the date on which the Secretary issues the order. 

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

22 or operator continues to be in noncompliance with 

23 this title after the date specified in an order issued 

24 under paragraph (1)(B), the Secretary may enter an 


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1 order in accordance with this section assessing a civil 

2 penalty, an order to cease operations, or both. 

3 ‘‘(b) CIVIL PENALTIES.— 

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

5 violates an order issued under this title shall be liable 

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

7 United States Code. 

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

9 INTEREST.—Any owner of a chemical facility of in10 terest who fails to comply with, or knowingly submits 

11 false information under, this title or the CFATS regu12 lations shall be liable for a civil penalty under section 

13 70119(a) of title 46, United States Code. 

14 ‘‘(c) EMERGENCY ORDERS.— 

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

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

17 program approved under this title, if the Secretary 

18 determines that there is a reasonable likelihood that 

19 a violation of this title or the CFATS regulations by 

20 a chemical facility could result in death, serious ill21 ness, severe personal injury, or substantial 

22 endangerment to the public, the Secretary may direct 

23 the facility, effective immediately or as soon as prac24 ticable, to— 

25 ‘‘(A) cease some or all operations; or 


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1 ‘‘(B) implement appropriate emergency se2 curity measures. 

3 ‘‘(2) LIMITATION ON DELEGATION.—The Sec4 retary may not delegate the authority under para5 graph (1) to any official other than the Under Sec6 retary for the National Protection and Programs Di7 rectorate. 

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

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

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

11 chemical facility to enforce any provision of this title. 

12 ‘‘SEC. 2105. WHISTLEBLOWER PROTECTIONS. 

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

14 ‘‘(1) ESTABLISHMENT OF A REPORTING PROCE15 DURE.—Not later than 180 days after the date of en16 actment of the Protecting and Securing Chemical Fa17 cilities from Terrorist Attacks Act of 2014, the Sec18 retary shall establish, and provide information to the 

19 public regarding, a procedure under which any em20 ployee or contractor of a chemical facility may sub21 mit a report to the Secretary regarding problems, de22 ficiencies, or vulnerabilities at a covered chemical fa23 cility that are associated with the risk of a chemical 

24 facility terrorist incident. 


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

2 keep confidential the identity of an individual who 

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

4 report shall be treated as a record containing pro5 tected information to the extent that the report does 

6 not consist of publicly available information. 

7 ‘‘(3) ACKNOWLEDGMENT OF RECEIPT.—If a re8 port submitted under paragraph (1) identifies the in9 dividual making the report, the Secretary shall 

10 promptly respond to the individual directly and shall 

11 promptly acknowledge receipt of the report. 

12 ‘‘(4) STEPS TO ADDRESS PROBLEMS.—The Sec13 retary shall— 

14 ‘‘(A) review and consider the information 

15 provided in any report submitted under para16 graph (1); and 

17 ‘‘(B) take appropriate steps under this title 

18 if necessary to address any substantiated prob19 lems, deficiencies, or vulnerabilities associated 

20 with the risk of a chemical facility terrorist inci21 dent identified in the report. 

22 ‘‘(5) RETALIATION PROHIBITED.— 

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

24 of a covered chemical facility or agent thereof 

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1 criminate against an employee with respect to 

2 the compensation provided to, or terms, condi3 tions, or privileges of the employment of, the em4 ployee because the employee (or an individual 

5 acting pursuant to a request of the employee) 

6 submitted a report under paragraph (1). 

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

8 be entitled to the protections under this section 

9 if the employee— 

10 ‘‘(i) knowingly and willfully makes 

11 any false, fictitious, or fraudulent statement 

12 or representation; or 

13 ‘‘(ii) uses any false writing or docu14 ment knowing the writing or document con15 tains any false, fictitious, or fraudulent 

16 statement or entry. 

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

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

19 make any disclosure— 

20 ‘‘(1) protected or authorized under section 

21 2302(b)(8) or 7211 of title 5, United States Code; 

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

23 law that shields the disclosing individual against re24 taliation or discrimination for having made the dis25 closure in the public interest; or 


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1 ‘‘(3) to the Special Counsel of an agency, the in2 spector general of an agency, or any other employee 

3 designated by the head of an agency to receive disclo4 sures similar to the disclosures described in para5 graphs (1) and (2). 

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

7 partnership with industry associations and labor organiza8 tions, shall make publicly available both physically and on9 line the rights that an individual who discloses information, 

10 including security-sensitive information, regarding prob11 lems, deficiencies, or vulnerabilities at a covered chemical 

12 facility would have under Federal whistleblower protection 

13 laws or this title. 

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

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

16 be protected in accordance with section 2103. 

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

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

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

20 Federal law that regulates the manufacture, distribution in 

21 commerce, use, sale, other treatment, or disposal of chemical 

22 substances or mixtures. 

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

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

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1 tion, requirement, or standard of performance with respect 

2 to chemical facility security that is more stringent than a 

3 regulation, requirement, or standard of performance issued 

4 under this section, or otherwise impair any right or juris5 diction of any State with respect to chemical facilities with6 in that State, unless there is an actual conflict between this 

7 section and the law of that State. 

8 ‘‘SEC. 2107. CFATS REGULATIONS. 

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

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

11 promulgate regulations or amend existing CFATS regula12 tions to implement the provisions under this title. 

13 ‘‘(b) EXISTING CFATS REGULATIONS.— 

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

15 of the Protecting and Securing Chemical Facilities 

16 from Terrorist Attacks Act of 2014, each existing 

17 CFATS regulation shall remain in effect unless the 

18 Secretary amends, consolidates, or repeals the regula19 tion. 

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

21 date of enactment of the Protecting and Securing 

22 Chemical Facilities from Terrorist Attacks Act of 

23 2014, the Secretary shall repeal any existing CFATS 

24 regulation that the Secretary determines is duplica25 tive of, or conflicts with, this title. 


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

2 upon authority provided under this title in— 

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

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

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

6 chemical facility. 

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

8 ‘‘(a) DEFINITION.—In this section, the term ‘small cov9 ered chemical facility’ means a covered chemical facility 

10 that— 

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

12 the covered chemical facility; and 

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

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

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

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

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

18 or computer software, to assist small covered chemical fa19 cilities in developing the physical security, cybersecurity, 

20 recordkeeping, and reporting procedures required under this 

21 title. 

22 ‘‘(c) REPORT.—The Secretary shall submit to the Com23 mittee on Homeland Security and Governmental Affairs of 

24 the Senate and the Committee on Homeland Security of the 

25 House of Representatives a report on best practices that 


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1 may assist small covered chemical facilities in development 

2 of physical security best practices. 

3 ‘‘SEC. 2109. OUTREACH TO CHEMICAL FACILITIES OF INTER4 EST. 

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

6 of the Protecting and Securing Chemical Facilities from 

7 Terrorist Attacks Act of 2014, the Secretary shall establish 

8 an outreach implementation plan, in coordination with the 

9 heads of other appropriate Federal and State agencies, rel10 evant business associations, and public and private labor 

11 organizations, to— 

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

13 ‘‘(2) make available compliance assistance mate14 rials and information on education and training.’’. 

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

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

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

18 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.’’. 

19 SEC. 3. ASSESSMENT; REPORTS. 

20 (a) DEFINITIONS.—In this section— 


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

2 Standards Program’’ means— 

3 (A) the Chemical Facility Anti-Terrorism 

4 Standards program initially authorized under 

5 section 550 of the Department of Homeland Se6 curity Appropriations Act, 2007 (Public Law 

7 109-295; 6 U.S.C. 121 note); and 

8 (B) the Chemical Facility Anti-Terrorism 

9 Standards Program subsequently authorized 

10 under section 2102(a) of the Homeland Security 

11 Act of 2002, as added by section 2; 

12 (2) the term ‘‘Department’’ means the Depart13 ment of Homeland Security; and 

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

15 Homeland Security. 

16 (b) THIRD-PARTY ASSESSMENT.—Using amounts ap17 propriated to the Department before the date of enactment 

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

19 study to assess vulnerabilities of covered chemical facilities, 

20 as defined in section 2101 of the Homeland Security Act 

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

22 (c) REPORTS.— 

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

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

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1 land Security and Governmental Affairs of the Senate 

2 and the Committee on Homeland Security of the 

3 House of Representatives a report on the Chemical 

4 Facility Anti-Terrorism Standards Program that in5 cludes— 

6 (A) a certification by the Secretary that the 

7 Secretary has made significant progress in the 

8 identification of all chemical facilities of interest 

9 under section 2102(e)(1) of the Homeland Secu10 rity Act of 2002, as added by section 2, includ11 ing— 

12 (i) a description of the steps taken to 

13 achieve that progress and the metrics used 

14 to measure the progress; 

15 (ii) information on whether facilities 

16 that submitted Top-Screens as a result of 

17 the identification of chemical facilities of 

18 interest were tiered and in what tiers those 

19 facilities were placed; and 

20 (iii) an action plan to better identify 

21 chemical facilities of interest and bring 

22 those facilities into compliance with title 

23 XXI of the Homeland Security Act of 2002, 

24 as added by section 2; 


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1 (B) a certification by the Secretary that the 

2 Secretary has developed a risk assessment ap3 proach and corresponding tiering methodology 

4 under section 2102(e)(2) of the Homeland Secu5 rity Act of 2002, as added by section 2; 

6 (C) an assessment by the Secretary of the 

7 implementation by the Department of the rec8 ommendations made by the Homeland Security 

9 Studies and Analysis Institute as outlined in the 

10 Institute’s Tiering Methodology Peer Review 

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

12 (D) a description of best practices that may 

13 assist small covered chemical facilities, as de14 fined in section 2108(a) of the Homeland Secu15 rity Act of 2002, as added by section 2, in the 

16 development of physical security best practices. 

17 (2) ANNUAL GAO REPORT.— 

18 (A) IN GENERAL.—During the 3-year pe19 riod beginning on the date of enactment of this 

20 Act, the Comptroller General of the United 

21 States shall submit to Congress an annual report 

22 that assesses the implementation of this Act and 

23 the amendments made by this Act. 

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

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


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1 Comptroller General shall submit to Congress the 

2 first report under subparagraph (A). 

3 (C) SECOND ANNUAL REPORT.—Not later 

4 than one year from the date of the initial report 

5 required under subparagraph (B), the Comp6 troller General shall submit to Congress the sec7 ond report under subparagraph (A), which shall 

8 include an assessment of the whistleblower pro9 tections provided under section 2105 of the 

10 Homeland Security Act of 2002, as added by sec11 tion 2, and— 

12 (i) describes the number and type of 

13 problems, deficiencies, and vulnerabilities 

14 with respect to which reports have been sub15 mitted under such section 2105; 

16 (ii) evaluates the efforts of the Sec17 retary in addressing the problems, defi18 ciencies, and vulnerabilities described in 

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

20 (iii) evaluates the efforts of the Sec21 retary to inform individuals of their rights, 

22 as required under subsection (c) of such sec23 tion 2105. 

24 (D) THIRD ANNUAL REPORT.—Not later 

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1 troller General submits the second report re2 quired under subparagraph (A), the Comptroller 

3 General shall submit to Congress the third report 

4 under subparagraph (A), which shall include an 

5 assessment of— 

6 (i) the expedited approval program au7 thorized under section 2102(c)(4) of the 

8 Homeland Security Act of 2002, as added 

9 by section 2; and 

10 (ii) the report on the expedited ap11 proval program submitted by the Secretary 

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

13 2102(c)(4). 

14 SEC. 4. EFFECTIVE DATE; CONFORMING REPEAL. 

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

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

17 days after the date of enactment of this Act. 

18 (b) CONFORMING REPEAL.—Section 550 of the Depart19 ment of Homeland Security Appropriations Act, 2007 

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

21 the effective date of this Act. 

22 SEC. 5. TERMINATION. 

23 The authority provided under title XXI of the Home24 land Security Act of 2002, as added by section 2(a), shall 


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

2 of this Act. 


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Calendar No. 578 

113TH CONGRESS 

2D SESSION H. R. 4007 

[Report No. 113–263] 

AN ACT 

To recodify and reauthorize the Chemical Facility 

Anti-Terrorism Standards Program. 

SEPTEMBER 18, 2014 

Reported with an amendment 


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