I 

113TH CONGRESS 

2D SESSION H. R. 4007 

To recodify and reauthorize the Chemical Facility Anti-Terrorism Standards 

Program. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 6, 2014 

Mr. MEEHAN (for himself, Mr. MCCAUL, Mr. KING of New York, Mr. GENE

GREEN of Texas, Mrs. MILLER of Michigan, and Mr. ROGERS of Alabama) introduced the following bill; which was referred to the Committee 

on Homeland Security, and in addition to the Committee on Energy and 

Commerce, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

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) PROGRAM ESTABLISHED.—There is in the De4 partment of Homeland Security a Chemical Facility Anti5 Terrorism Standards Program. Under such Program, the 

6 Secretary of Homeland Security shall establish risk-based 

7 performance standards designed to protect covered chem8 ical facilities from acts of terrorism and require such fa9 cilities to submit security vulnerability assessments and to 

10 develop and implement site security plans. 

11 (b) SECURITY MEASURES.—Site security plans re12 quired under subsection (a) may include layered security 

13 measures that, in combination, appropriately address the 

14 security vulnerability assessment and the risk-based per15 formance standards for security for the facility. 

16 (c) APPROVAL OR DISAPPROVAL OF SITE SECURITY

17 PLANS.— 

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

19 and approve or disapprove each security vulner20 ability assessment and site security plan under sub21 section (a). The Secretary may not disapprove a site 

22 security plan based on the presence or absence of a 

23 particular security measure, but the Secretary shall 

24 disapprove a site security plan if the plan fails to 

25 satisfy the risk-based performance standards estab26 lished under subsection (a). 


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1 (2) ALTERNATIVE SECURITY PROGRAMS.—The 

2 Secretary may approve an alternative security pro3 gram established by a private sector entity or a Fed4 eral, State, or local authority or pursuant to other 

5 applicable laws, if the Secretary determines that the 

6 requirements of such program meet the require7 ments of this section. A covered chemical facility 

8 may meet the site security plan requirement under 

9 subsection (a) by adopting an alternative security 

10 program that has been reviewed and approved by the 

11 Secretary under this paragraph. 

12 (3) SITE SECURITY PLAN ASSESSMENTS.—In 

13 approving or disapproving a site security plan under 

14 this subsection, the Secretary shall employ the risk 

15 assessment policies and procedures developed under 

16 this Act. In the case of a covered chemical facility 

17 for which a site security plan has been approved by 

18 the Secretary before the date of the enactment of 

19 this Act, the Secretary may not require the resub20 mission of the site security information solely by rea21 son of the enactment of this Act. 

22 (d) COMPLIANCE.— 

23 (1) AUDITS AND INSPECTIONS.—The Secretary 

24 shall arrange for the audit and inspection of covered 

25 chemical facilities for the purpose of determining 


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1 compliance with this Act. Under any such arrange2 ment, the audit and inspection may be carried out 

3 by a non-Department or nongovernment entity, as 

4 approved by the Secretary. 

5 (2) NOTICE OF NONCOMPLIANCE.—If the Sec6 retary determines that a covered chemical facility is 

7 not in compliance with this section, the Secretary 

8 shall provide the owner or operator of the facility 

9 with written notification (including a clear expla10 nation of any deficiency in the security vulnerability 

11 assessment or site security plan) and opportunity for 

12 consultation with the Secretary or the Secretary’s 

13 designee, and shall issue an order to comply by such 

14 date as the Secretary determines to be appropriate 

15 under the circumstances. If the owner or operator 

16 continues to be in noncompliance after the date 

17 specified in such order, the Secretary may enter an 

18 order assessing a civil penalty, an order to cease op19 erations, or both. 

20 (3) PERSONNEL SURETY.—To satisfy the re21 quirements of a risk-based performance standard 

22 that addresses personnel surety by identifying indi23 viduals with terrorist ties, a covered chemical facility 

24 may utilize any Federal screening program that pe25 riodically vets individuals against the terrorist 


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1 screening database, or any successor, including the 

2 Department of Homeland Security Personnel Surety 

3 Program. 

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

5 compliance of a covered chemical facility with a risk6 based performance standard established under sub7 section (a), the Secretary may not require the facil8 ity to submit any information about an individual 

9 who has been granted access to the facility unless 

10 the individual— 

11 (A) was vetted under the Department of 

12 Homeland Security Personnel Surety Program; 

13 or 

14 (B) has been identified as presenting a ter15 rorism security risk. 

16 (5) AVAILABILITY OF INFORMATION.—The Sec17 retary shall share with the owner or operator of a 

18 covered chemical facility such information as the 

19 owner or operator needs to comply with this section. 

20 (e) RESPONSIBILITIES OF THE SECRETARY.— 

21 (1) IDENTIFICATION OF FACILITIES OF INTER22 EST.—In carrying out this Act, the Secretary shall 

23 consult with the heads of other Federal agencies, 

24 States and political subdivisions thereof, and relVerDate Mar 15 2010 02:33 Feb 07, 2014 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4007.IH H4007

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1 evant business associations to identify all chemical 

2 facilities of interest. 

3 (2) RISK ASSESSMENT.— 

4 (A) IN GENERAL.—For purposes of this 

5 Act, the Secretary shall develop a risk assess6 ment approach and corresponding tiering meth7 odology that incorporates all relevant elements 

8 of risk, including threat, vulnerability, and con9 sequence. 

10 (B) CRITERIA FOR DETERMINING SECU11 RITY RISK.—The criteria for determining the 

12 security risk of terrorism associated with a fa13 cility shall include— 

14 (i) the threat to the facility based 

15 upon available intelligence; 

16 (ii) the potential economic con17 sequences and the potential loss of human 

18 life in the event of the facility being sub19 ject to a terrorist attack; and 

20 (iii) the vulnerability of the facility to 

21 a terrorist attack. 

22 (f) COVERED CHEMICAL FACILITY.—In this Act, the 

23 term ‘‘covered chemical facility’’ means a chemical facility 

24 that the Secretary designates as a chemical facility of in25 terest under subsection (e)(1) and determines presents a 


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1 high level of security risk. Such term does not include any 

2 of the following: 

3 (1) A facility regulated pursuant to the Mari4 time Transportation Security Act of 2002 (Public 

5 Law 107–295). 

6 (2) A Public Water System, as such term is de7 fined by section 1401 of the Safe Drinking Water 

8 Act (Public Law 93–523; 42 U.S.C. 300f). 

9 (3) A Treatment Works, as such term is de10 fined in section 212 of the Federal Water Pollution 

11 Control Act (Public Law 92–500; 33 U.S.C. 12920). 

12 (4) Any facility owned or operated by the De13 partment of Defense or the Department of Energy. 

14 (5) Any facility subject to regulation by the Nu15 clear Regulatory Commission. 

16 SEC. 3. PROTECTION OF INFORMATION. 

17 (a) IN GENERAL.—Notwithstanding any other provi18 sion of law, information developed pursuant to this Act, 

19 including vulnerability assessments, site security plans, 

20 and other security related information, records, and docu21 ments shall be given protections from public disclosure 

22 consistent with similar information developed by chemical 

23 facilities subject to regulation under section 70103 of title 

24 46, United States Code. 


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1 (b) SHARING OF INFORMATION WITH STATES AND

2 LOCAL GOVERNMENTS.—This section does not prohibit 

3 the sharing of information developed pursuant to this Act, 

4 as the Secretary deems appropriate, with State and local 

5 government officials possessing the necessary security 

6 clearances, including law enforcement officials and first 

7 responders, for the purpose of carrying out this Act, if 

8 such information may not be disclosed pursuant to any 

9 State or local law. 

10 (c) ENFORCEMENT PROCEEDINGS.—In any pro11 ceeding to enforce this section, vulnerability assessments, 

12 site security plans, and other information submitted to or 

13 obtained by the Secretary under this section, and related 

14 vulnerability or security information, shall be treated as 

15 if the information were classified material. 

16 SEC. 4. CIVIL PENALTIES. 

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

18 issued under this Act shall be liable for a civil penalty 

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

20 (b) RIGHT OF ACTION.—Nothing in this Act confers 

21 upon any person except the Secretary a right of action 

22 against an owner or operator of a covered chemical facility 

23 to enforce any provision of this Act. 


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1 SEC. 5. RELATIONSHIP TO OTHER LAWS. 

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

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 Act 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 SEC. 6. REPORTS. 

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

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

20 Secretary shall submit to Congress a report on the Chem21 ical Facilities Anti-Terrorism Standards Program. Such 

22 report shall include each of the following: 

23 (1) Certification by the Secretary that the Sec24 retary has made significant progress in the identi25 fication of all chemical facilities of interest pursuant 

26 to section 2(e)(1), including a description of the 


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1 steps taken to achieve such progress and the metrics 

2 used to measure it. 

3 (2) Certification by the Secretary that the Sec4 retary has developed a risk assessment approach and 

5 corresponding tiering methodology pursuant to sec6 tion 2(e)(2). 

7 (3) An assessment by the Secretary of the im8 plementation by the Department of Homeland Secu9 rity of any recommendations made by the Homeland 

10 Security Studies and Analysis Institute as outlined 

11 in the Institute’s Tiering Methodology Peer Review 

12 (Publication Number: RP12–22–02). 

13 (b) SEMIANNUAL GAO REPORT.—During the 2-year 

14 period beginning on the date of the enactment of this Act, 

15 the Comptroller General of the United States shall submit 

16 a semiannual report to Congress containing the assess17 ment of the Comptroller General of the implementation 

18 of this Act. The Comptroller General shall submit the first 

19 such report by not later than the date that is 180 days 

20 after the date of the enactment of this Act. 

21 SEC. 7. TERMINATION. 

22 The authority under this Act shall terminate on the 

23 date that is 2 years after the date of the enactment of 

24 this Act. 


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1 SEC. 8. EFFECTIVE DATE. 

2 This Act shall take effect on the date that is 30 days 

3 after the date of the enactment of this Act. 

4 SEC. 9. USE OF EXISTING REGULATIONS. 

5 (a) IN GENERAL.—In carrying out the requirements 

6 of this Act, the Secretary may, to the extent that the Sec7 retary determines is appropriate, use any of the CFATS 

8 regulations, as in effect immediately before the date of the 

9 enactment of this Act, that the Secretary determines carry 

10 out such requirements. 

11 (b) CFATS REGULATIONS.—In this section, the term 

12 ‘‘CFATS regulations’’ means the regulations prescribed 

13 pursuant to section 550 of the Department of Homeland 

14 Security Appropriations Act (Public Law 109–295; 120 

15 Stat. 1388; 6 U.S.C. 121 note). 

Æ 


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