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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4007 Referred in Senate (RFS)]

113th CONGRESS
  2d Session
                                H. R. 4007

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              July 9, 2014

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

_______________________________________________________________________

                                 AN ACT

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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Chemical Facility Anti-Terrorism 
Standards Program Authorization and Accountability Act of 2014''.

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

    (a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended by adding at the end the following:

        ``TITLE XXI--CHEMICAL FACILITY ANTI-TERRORISM STANDARDS

``SEC. 2101. CHEMICAL FACILITY ANTI-TERRORISM STANDARDS PROGRAM.

    ``(a) Program Established.--There is in the Department a Chemical 
Facility Anti-Terrorism Standards Program. Under such Program, the 
Secretary shall establish risk-based performance standards designed to 
protect covered chemical facilities and chemical facilities of interest 
from acts of terrorism and other security risks and require such 
facilities to submit security vulnerability assessments and to develop 
and implement site security plans.
    ``(b) Security Measures.--Site security plans required under 
subsection (a) may include layered security measures that, in 
combination, appropriately address the security vulnerability 
assessment and the risk-based performance standards for security for 
the facility.
    ``(c) Approval or Disapproval of Site Security Plans.--
            ``(1) In general.--The Secretary shall review and approve 
        or disapprove each security vulnerability assessment and site 
        security plan under subsection (a). The Secretary may not 
        disapprove a site security plan based on the presence or 
        absence of a particular security measure, but the Secretary 
        shall disapprove a site security plan if the plan fails to 
        satisfy the risk-based performance standards established under 
        subsection (a).
            ``(2) Alternative security programs.--The Secretary may 
        approve an alternative security program established by a 
        private sector entity or a Federal, State, or local authority 
        or pursuant to other applicable laws, if the Secretary 
        determines that the requirements of such program meet the 
        requirements of this section. A covered chemical facility may 
        meet the site security plan requirement under subsection (a) by 
        adopting an alternative security program that has been reviewed 
        and approved by the Secretary under this paragraph.
            ``(3) Site security plan assessments.--In approving or 
        disapproving a site security plan under this subsection, the 
        Secretary shall employ the risk assessment policies and 
        procedures developed under this title. In the case of a covered 
        chemical facility for which a site security plan has been 
        approved by the Secretary before the date of the enactment of 
        this title, the Secretary may not require the resubmission of 
        the site security information solely by reason of the enactment 
        of this title.
            ``(4) Consultation.--The Secretary may consult with the 
        Government Accountability Office to investigate the feasibility 
        and applicability a third party accreditation program that 
        would work with industry stakeholders to develop site security 
        plans that may be applicable to all similarly situated 
        facilities. The program would include the development of 
        Program-Specific Handbooks for facilities to reference on site.
    ``(d) Compliance.--
            ``(1) Audits and inspections.--
                    ``(A) In general.--The Secretary shall conduct the 
                audit and inspection of covered chemical facilities for 
                the purpose of determining compliance with this Act. 
                The audit and inspection may be carried out by a non-
                Department or nongovernment entity, as approved by the 
                Secretary.
                    ``(B) Reporting structure.--Any audit or inspection 
                conducted by an individual employed by a nongovernment 
                entity shall be assigned in coordination with the head 
                of audits and inspections for the region in which the 
                audit or inspection is to be conducted. When in the 
                field, any individual employed by a nongovernment 
                entity shall report to the respective head of audits 
                and inspections for the region in which the individual 
                is operating.
                    ``(C) Requirements for nongovernment personnel.--If 
                the Secretary arranges for an audit or inspection under 
                subparagraph (A) to be carried out by a nongovernment 
                entity, the Secretary shall require, as a condition of 
                such arrangement, that any individual who conducts the 
                audit or inspection be a citizen of the United States 
                and shall prescribe standards for the qualification of 
                the individuals who carry out such audits and 
                inspections that are commensurate with the standards 
                for a Government auditor or inspector. Such standards 
                shall include--
                            ``(i) minimum training requirements for new 
                        auditors or inspectors;
                            ``(ii) retraining requirements;
                            ``(iii) minimum education and experience 
                        levels;
                            ``(iv) the submission of information as 
                        required by the Secretary to enable 
                        determination of whether the auditor or 
                        inspector has a conflict of interest;
                            ``(v) the maintenance of a secret security 
                        clearance;
                            ``(vi) reporting any issue of non-
                        compliance with this section to the Secretary 
                        within 24 hours; and
                            ``(vii) any additional qualifications for 
                        fitness of duty as the Secretary may establish.
                    ``(D) Training of department auditors and 
                inspectors.--The Secretary shall prescribe standards 
                for the training and retraining of individuals employed 
                by the Department as auditors and inspectors. Such 
                standards shall include--
                            ``(i) minimum training requirements for new 
                        auditors and inspectors;
                            ``(ii) retraining requirements; and
                            ``(iii) any additional requirements the 
                        Secretary may establish.
            ``(2) Notice of noncompliance.--
                    ``(A) Notice.--If the Secretary determines that a 
                covered chemical facility or a chemical facility of 
                interest is not in compliance with this section, the 
                Secretary shall--
                            ``(i) provide the owner or operator of the 
                        facility with--
                                    ``(I) written notification 
                                (including a clear explanation of any 
                                deficiency in the security 
                                vulnerability assessment or site 
                                security plan) by not later than 14 
                                days after the determination is made; 
                                and
                                    ``(II) an opportunity for 
                                consultation with the Secretary or the 
                                Secretary's designee; and
                            ``(ii) issue an order to comply by such 
                        date as the Secretary determines to be 
                        appropriate under the circumstances.
                    ``(B) Continued noncompliance.--If the owner or 
                operator continues to be in noncompliance after the 
                date specified in such order, the Secretary may enter 
                an order assessing a civil penalty, an order to cease 
                operations, or both.
            ``(3) Personnel surety.--
                    ``(A) Personnel surety program.--For purposes of 
                this title, the Secretary shall carry out a Personnel 
                Surety Program that--
                            ``(i) does not require an owner or operator 
                        of a covered chemical facility that voluntarily 
                        participates to submit information about an 
                        individual more than one time;
                            ``(ii) provides a participating owner or 
                        operator of a covered chemical facility with 
                        feedback about an individual based on vetting 
                        the individual against the terrorist screening 
                        database, to the extent that such feedback is 
                        necessary for the facility's compliance with 
                        regulations promulgated under this title; and
                            ``(iii) provides redress to an individual 
                        whose information was vetted against the 
                        terrorist screening database under the program 
                        and who believes that the personally 
                        identifiable information submitted to the 
                        Department for such vetting by a covered 
                        chemical facility, or its designated 
                        representative, was inaccurate.
                    ``(B) Personnel surety implementation.--To the 
                extent that a risk-based performance standard under 
                subsection (a) is directed toward identifying 
                individuals with terrorist ties--
                            ``(i) a covered chemical facility may 
                        satisfy its obligation under such standard with 
                        respect to an individual by utilizing any 
                        Federal screening program that periodically 
                        vets individuals against the terrorist 
                        screening database, or any successor, including 
                        the Personnel Surety Program under subparagraph 
                        (A); and
                            ``(ii) the Secretary may not require a 
                        covered chemical facility to submit any 
                        information about such individual unless the 
                        individual--
                                    ``(I) is vetted under the Personnel 
                                Surety Program; or
                                    ``(II) has been identified as 
                                presenting a terrorism security risk.
                    ``(C) Responsibilities of security screening 
                coordination office.--
                            ``(i) In general.--The Secretary shall 
                        direct the Security Screening Coordination 
                        Office of the Department to coordinate with the 
                        National Protection and Programs Directorate to 
                        expedite the development of a common credential 
                        that screens against the terrorist screening 
                        database on a recurrent basis and meets all 
                        other screening requirements of this title.
                            ``(ii) Report.--Not later than March 1, 
                        2015, and annually thereafter, the Secretary 
                        shall submit to Congress a report on the 
                        progress of the Secretary in meeting the 
                        requirements of clause (i).
            ``(4) Facility access.--For purposes of the compliance of a 
        covered chemical facility with a risk-based performance 
        standard established under subsection (a), the Secretary may 
        not require the facility to submit any information about an 
        individual who has been granted access to the facility unless 
        the individual--
                    ``(A) was vetted under the Personnel Surety 
                Program; or
                    ``(B) has been identified as presenting a terrorism 
                security risk.
            ``(5) Availability of information.--The Secretary shall 
        share with the owner or operator of a covered chemical facility 
        such information as the owner or operator needs to comply with 
        this section.
    ``(e) Responsibilities of the Secretary.--
            ``(1) Identification of facilities of interest.--In 
        carrying out this title, the Secretary shall consult with the 
        heads of other Federal agencies, States and political 
        subdivisions thereof, and relevant business associations to 
        identify all chemical facilities of interest.
            ``(2) Risk assessment.--
                    ``(A) In general.--For purposes of this title, the 
                Secretary shall develop a risk assessment approach and 
                corresponding tiering methodology that incorporates all 
                relevant elements of risk, including threat, 
                vulnerability, and consequence.
                    ``(B) Criteria for determining security risk.--The 
                criteria for determining the security risk of terrorism 
                associated with a facility shall include--
                            ``(i) the relevant threat information;
                            ``(ii) the potential economic consequences 
                        and the potential loss of human life in the 
                        event of the facility being subject to a 
                        terrorist attack, compromise, infiltration, or 
                        exploitation; and
                            ``(iii) the vulnerability of the facility 
                        to a terrorist attack, compromise, 
                        infiltration, or exploitation.
            ``(3) Changes in tiering.--Any time that tiering for a 
        covered chemical facility is changed and the facility is 
        determined to no longer be subject to the requirements of this 
        title, the Secretary shall maintain records to reflect the 
        basis for this determination. The records shall include 
        information on whether and how the information that was the 
        basis for the determination was confirmed by the Secretary.
    ``(f) Definitions.--In this title:
            ``(1) The term `covered chemical facility' means a facility 
        that the Secretary identifies as a chemical facility of 
        interest and, based upon review of a Top-Screen, as such term 
        is defined in section 27.105 of title 6 of Code of Federal 
        Regulations, determines meets the risk criteria developed 
        pursuant subsection (e)(2)(B). Such term does not include any 
        of the following:
                    ``(A) A facility regulated pursuant to the Maritime 
                Transportation Security Act of 2002 (Public Law 107-
                295).
                    ``(B) A Public Water System, as such term is 
                defined by section 1401 of the Safe Drinking Water Act 
                (Public Law 93-523; 42 U.S.C. 300f).
                    ``(C) A Treatment Works, as such term is defined in 
                section 212 of the Federal Water Pollution Control Act 
                (Public Law 92-500; 33 U.S.C. 12920).
                    ``(D) Any facility owned or operated by the 
                Department of Defense or the Department of Energy.
                    ``(E) Any facility subject to regulation by the 
                Nuclear Regulatory Commission.
            ``(2) The term `chemical facility of interest' means a 
        facility that holds, or that the Secretary has a reasonable 
        basis to believe holds, a Chemical of Interest, as designated 
        under in Appendix A of title 6 of the Code of Federal 
        Regulations, at a threshold quantity that meets relevant risk-
        related criteria developed pursuant to subsection (e)(2)(B).

``SEC. 2102. PROTECTION AND SHARING OF INFORMATION.

    ``(a) In General.--Notwithstanding any other provision of law, 
information developed pursuant to this title, including vulnerability 
assessments, site security plans, and other security related 
information, records, and documents shall be given protections from 
public disclosure consistent with similar information developed by 
chemical facilities subject to regulation under section 70103 of title 
46, United States Code.
    ``(b) Sharing of Information With States and Local Governments.--
This section does not prohibit the sharing of information developed 
pursuant to this title, as the Secretary deems appropriate, with State 
and local government officials possessing the necessary security 
clearances, including law enforcement officials and first responders, 
for the purpose of carrying out this title, if such information may not 
be disclosed pursuant to any State or local law.
    ``(c) Sharing of Information With First Responders.--The Secretary 
shall provide to State, local, and regional fusion centers (as such 
term is defined in section 210A(j)(1) of this Act) and State and local 
government officials, as determined appropriate by the Secretary, such 
information as is necessary to help ensure that first responders are 
properly prepared and provided with the situational awareness needed to 
respond to incidents at covered chemical facilities. Such information 
shall be disseminated through the Homeland Security Information Network 
or the Homeland Secure Data Network, as appropriate.
    ``(d) Enforcement Proceedings.--In any proceeding to enforce this 
section, vulnerability assessments, site security plans, and other 
information submitted to or obtained by the Secretary under this 
section, and related vulnerability or security information, shall be 
treated as if the information were classified material.

``SEC. 2103. CIVIL PENALTIES.

    ``(a) Violations.--Any person who violates an order issued under 
this title shall be liable for a civil penalty under section 70119(a) 
of title 46, United States Code.
    ``(b) Right of Action.--Nothing in this title confers upon any 
person except the Secretary a right of action against an owner or 
operator of a covered chemical facility to enforce any provision of 
this title.

``SEC. 2104. WHISTLEBLOWER PROTECTIONS.

    ``The Secretary shall publish on the Internet website of the 
Department and in other materials made available to the public the 
whistleblower protections that an individual providing such information 
would have.

``SEC. 2105. RELATIONSHIP TO OTHER LAWS.

    ``(a) Other Federal Laws.--Nothing in this title shall be construed 
to supersede, amend, alter, or affect any Federal law that regulates 
the manufacture, distribution in commerce, use, sale, other treatment, 
or disposal of chemical substances or mixtures.
    ``(b) States and Political Subdivisions.--This title shall not 
preclude or deny any right of any State or political subdivision 
thereof to adopt or enforce any regulation, requirement, or standard of 
performance with respect to chemical facility security that is more 
stringent than a regulation, requirement, or standard of performance 
issued under this section, or otherwise impair any right or 
jurisdiction of any State with respect to chemical facilities within 
that State, unless there is an actual conflict between this section and 
the law of that State.
    ``(c) Rail Transit.--
            ``(1) Duplicative regulations.--The Secretary shall 
        coordinate with the Assistant Secretary of Homeland Security 
        (Transportation Security Administration) to eliminate any 
        provision of this title applicable to rail security that would 
        duplicate any security measure under the Rail Transportation 
        Security Rule under section 1580 of title 49 of the Code of 
        Federal Regulations, as in effect as of the date of the 
        enactment of this title. To the extent that there is a conflict 
        between this title and any regulation under the jurisdiction of 
        the Transportation Security Administration, the regulation 
        under the jurisdiction of the Transportation Security 
        Administration shall prevail.
            ``(2) Exemption from top-screen.--A rail transit facility 
        or a rail facility, as such terms are defined in section 1580.3 
        of title 49 of the Code of Federal Regulations, to which 
        subpart 3 of such title applies pursuant to section 1580.100 of 
        such title shall not be required to complete a Top-Screen as 
        such term is defined in section 27.105 of title 6 of the Code 
        of Federal Regulations.

``SEC. 2106. REPORTS.

    ``(a) Report to Congress.--Not later than 18 months after the date 
of the enactment of this title, the Secretary shall submit to Congress 
a report on the Chemical Facilities Anti-Terrorism Standards Program. 
Such report shall include each of the following:
            ``(1) Certification by the Secretary that the Secretary has 
        made significant progress in the identification of all chemical 
        facilities of interest pursuant to section 2101(e)(1), 
        including a description of the steps taken to achieve such 
        progress and the metrics used to measure it, information on 
        whether facilities that submitted Top-Screens as a result of 
        such efforts were tiered and in what tiers they were placed, 
        and an action plan to better identify chemical facilities of 
        interest and bring those facilities into compliance.
            ``(2) Certification by the Secretary that the Secretary has 
        developed a risk assessment approach and corresponding tiering 
        methodology pursuant to section 2101(e)(2).
            ``(3) An assessment by the Secretary of the implementation 
        by the Department of any recommendations made by the Homeland 
        Security Studies and Analysis Institute as outlined in the 
        Institute's Tiering Methodology Peer Review (Publication 
        Number: RP12-22-02).
    ``(b) Semiannual GAO Report.--During the 3-year period beginning on 
the date of the enactment of this title, the Comptroller General of the 
United States shall submit a semiannual report to Congress containing 
the assessment of the Comptroller General of the implementation of this 
title. The Comptroller General shall submit the first such report by 
not later than the date that is 180 days after the date of the 
enactment of this title.

``SEC. 2107. CFATS REGULATIONS.

    ``(a) In General.--The Secretary is authorized, in accordance with 
chapter 5 of title 5, United States Code, to promulgate regulations 
implementing the provisions of this title.
    ``(b) Existing CFATS Regulations.--In carrying out the requirements 
of this title, the Secretary shall use the CFATS regulations, as in 
effect immediately before the date of the enactment of this title, that 
the Secretary determines carry out such requirements, and may issue new 
regulations or amend such regulations pursuant to the authority in 
subsection (a).
    ``(c) Definition of CFATS Regulations.--In this section, the term 
`CFATS regulations' means the regulations prescribed pursuant to 
section 550 of the Department of Homeland Security Appropriations Act, 
2007 (Public Law 109-295; 120 Stat. 1388; 6 U.S.C. 121 note), as well 
as all Federal Register notices and other published guidance concerning 
section 550 of the Department of Homeland Security Appropriations Act, 
2007.
    ``(d) Authority.--The Secretary shall exclusively rely upon 
authority provided in this title for determining compliance with this 
title in--
            ``(1) identifying chemicals of interest;
            ``(2) designating chemicals of interest; and
            ``(3) determining security risk associated with a chemical 
        facility.

``SEC. 2108. SMALL COVERED CHEMICAL FACILITIES.

    ``(a) In General.--The Secretary may provide guidance and, as 
appropriate, tools, methodologies, or computer software, to assist 
small covered chemical facilities in developing their physical 
security.
    ``(b) Report.--The Secretary shall submit to the Committee on 
Homeland Security of the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the Senate a report on 
best practices that may assist small chemical facilities, as defined by 
the Secretary, in development of physical security best practices.
    ``(c) Definition.--For purposes of this section, the term `small 
covered chemical facility' means a covered chemical facility that has 
fewer than 350 employees employed at the covered chemical facility, and 
is not a branch or subsidiary of another entity.

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

    ``Not later than 90 days after the date of the enactment of this 
title, the Secretary shall establish an outreach implementation plan, 
in coordination with the heads of other appropriate Federal and State 
agencies and relevant business associations, to identify chemical 
facilities of interest and make available compliance assistance 
materials and information on education and training.

``SEC. 2110. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to carry out this title 
$81,000,000 for each of fiscal years 2015, 2016, and 2017.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by adding at the 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.''.
    (c) Third-party Assessment.--Using amounts authorized to be 
appropriated under section 2110 of the Homeland Security Act of 2002, 
as added by subsection (a), the Secretary of Homeland Security shall 
commission a third-party study to assess vulnerabilities to acts of 
terrorism associated with the Chemical Facility Anti-Terrorism 
Standards program, as authorized pursuant to section 550 of the 
Department of Homeland Security Appropriations Act, 2007 (Public Law 
109-295; 120 Stat. 1388; 6 U.S.C. 121 note).
    (d) Metrics.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall submit to Congress a plan 
for the utilization of metrics to assess the effectiveness of the 
Chemical Facility Anti-Terrorism Standards program to reduce the risk 
of a terrorist attack or other security risk to those citizens and 
communities surrounding covered chemical facilities. The plan shall 
include benchmarks on when the program will begin utilizing the metrics 
and how the Department of Homeland Security plans to use the 
information to inform the program.

SEC. 3. EFFECTIVE DATE.

    This Act, and the amendments made by this Act, shall take effect on 
the date that is 30 days after the date of the enactment of this Act.

            Passed the House of Representatives July 8, 2014.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
```