H. R. 4007 
One Hundred Thirteenth Congress 
of the 
United States of America 
AT THE SECOND SESSION 
Begun and held at the City of Washington on Friday, 
the third day of January, two thousand and fourteen 
An Act 
To recodify and reauthorize the Chemical Facility Anti-Terrorism Standards Pro-
gram. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protecting and Securing Chemical 
Facilities from Terrorist Attacks Act of 2014’’. 
SEC. 2. CHEMICAL FACILITY ANTI-TERRORISM STANDARDS PROGRAM. 
(a) IN GENERAL.—The Homeland Security Act of 2002 (6 U.S.C. 
101 et seq.) is amended by adding at the end the following: 
‘‘TITLE XXI—CHEMICAL FACILITY ANTI– 
TERRORISM STANDARDS 
‘‘SEC. 2101. DEFINITIONS. 
‘‘In this title— 
‘‘(1) the term ‘CFATS regulation’ means— 
‘‘(A) an existing CFATS regulation; and 
‘‘(B) any regulation or amendment to an existing 
CFATS regulation issued pursuant to the authority under 
section 2107; 
‘‘(2) the term ‘chemical facility of interest’ means a facility 
that— 
‘‘(A) holds, or that the Secretary has a reasonable 
basis to believe holds, a chemical of interest, as designated 
under Appendix A to part 27 of title 6, Code of Federal 
Regulations, or any successor thereto, at a threshold 
quantity set pursuant to relevant risk-related security prin-
ciples; and 
‘‘(B) is not an excluded facility; 
‘‘(3) the term ‘covered chemical facility’ means a facility 
that— 
‘‘(A) the Secretary— 
‘‘(i) identifies as a chemical facility of interest; 
and 
‘‘(ii) based upon review of the facility’s Top-Screen, 
determines meets the risk criteria developed under 
section 2102(e)(2)(B); and 
‘‘(B) is not an excluded facility; 
‘‘(4) the term ‘excluded facility’ means—
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‘‘(A) a facility regulated under the Maritime Transpor-
tation Security Act of 2002 (Public Law 107–295; 116 Stat. 
2064); 
‘‘(B) a public water system, as that term is defined 
in section 1401 of the Safe Drinking Water Act (42 U.S.C. 
300f); 
‘‘(C) a Treatment Works, as that term is defined in 
section 212 of the Federal Water Pollution Control Act 
(33 U.S.C. 1292); 
‘‘(D) a facility owned or operated by the Department 
of Defense or the Department of Energy; or 
‘‘(E) a facility subject to regulation by the Nuclear 
Regulatory Commission, or by a State that has entered 
into an agreement with the Nuclear Regulatory Commis-
sion under section 274 b. of the Atomic Energy Act of 
1954 (42 U.S.C. 2021(b)) to protect against unauthorized 
access of any material, activity, or structure licensed by 
the Nuclear Regulatory Commission; 
‘‘(5) the term ‘existing CFATS regulation’ means— 
‘‘(A) a regulation promulgated under section 550 of 
the Department of Homeland Security Appropriations Act, 
2007 (Public Law 109–295; 6 U.S.C. 121 note) that is 
in effect on the day before the date of enactment of the 
Protecting and Securing Chemical Facilities from Terrorist 
Attacks Act of 2014; and 
‘‘(B) a Federal Register notice or other published guid-
ance relating to section 550 of the Department of Homeland 
Security Appropriations Act, 2007 that is in effect on the 
day before the date of enactment of the Protecting and 
Securing Chemical Facilities from Terrorist Attacks Act 
of 2014; 
‘‘(6) the term ‘expedited approval facility’ means a covered 
chemical facility for which the owner or operator elects to 
submit a site security plan in accordance with section 
2102(c)(4); 
‘‘(7) the term ‘facially deficient’, relating to a site security 
plan, means a site security plan that does not support a certifi-
cation that the security measures in the plan address the 
security vulnerability assessment and the risk-based perform-
ance standards for security for the facility, based on a review 
of— 
‘‘(A) the facility’s site security plan; 
‘‘(B) the facility’s Top-Screen; 
‘‘(C) the facility’s security vulnerability assessment; or 
‘‘(D) any other information that— 
‘‘(i) the facility submits to the Department; or 
‘‘(ii) the Department obtains from a public source 
or other source; 
‘‘(8) the term ‘guidance for expedited approval facilities’ 
means the guidance issued under section 2102(c)(4)(B)(i); 
‘‘(9) the term ‘risk assessment’ means the Secretary’s 
application of relevant risk criteria identified in section 
2102(e)(2)(B); 
‘‘(10) the term ‘terrorist screening database’ means the 
terrorist screening database maintained by the Federal Govern-
ment Terrorist Screening Center or its successor;
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‘‘(11) the term ‘tier’ has the meaning given the term in 
section 27.105 of title 6, Code of Federal Regulations, or any 
successor thereto; 
‘‘(12) the terms ‘tiering’ and ‘tiering methodology’ mean 
the procedure by which the Secretary assigns a tier to each 
covered chemical facility based on the risk assessment for that 
covered chemical facility; 
‘‘(13) the term ‘Top-Screen’ has the meaning given the 
term in section 27.105 of title 6, Code of Federal Regulations, 
or any successor thereto; and 
‘‘(14) the term ‘vulnerability assessment’ means the identi-
fication of weaknesses in the security of a chemical facility 
of interest. 
‘‘SEC. 2102. CHEMICAL FACILITY ANTI-TERRORISM STANDARDS PRO-
GRAM. 
‘‘(a) PROGRAM ESTABLISHED.— 
‘‘(1) IN GENERAL.—There is in the Department a Chemical 
Facility Anti-Terrorism Standards Program. 
‘‘(2) REQUIREMENTS.—In carrying out the Chemical Facility 
Anti-Terrorism Standards Program, the Secretary shall— 
‘‘(A) identify— 
‘‘(i) chemical facilities of interest; and 
‘‘(ii) covered chemical facilities; 
‘‘(B) require each chemical facility of interest to submit 
a Top-Screen and any other information the Secretary 
determines necessary to enable the Department to assess 
the security risks associated with the facility; 
‘‘(C) 
establish 
risk-based 
performance 
standards 
designed to address high levels of security risk at covered 
chemical facilities; and 
‘‘(D) require each covered chemical facility to— 
‘‘(i) submit a security vulnerability assessment; 
and 
‘‘(ii) develop, submit, and implement a site security 
plan. 
‘‘(b) SECURITY MEASURES.— 
‘‘(1) IN GENERAL.—A facility, in developing a site security 
plan as required under subsection (a), shall include security 
measures that, in combination, appropriately address the secu-
rity vulnerability assessment and the risk-based performance 
standards for security for the facility. 
‘‘(2) EMPLOYEE INPUT.—To the greatest extent practicable, 
a facility’s security vulnerability assessment and site security 
plan shall include input from at least 1 facility employee and, 
where applicable, 1 employee representative from the bar-
gaining agent at that facility, each of whom possesses, in the 
determination of the facility’s security officer, relevant knowl-
edge, experience, training, or education as pertains to matters 
of site security. 
‘‘(c) APPROVAL
OR DISAPPROVAL
OF SITE SECURITY PLANS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) REVIEW.—Except as provided in paragraph (4), 
the Secretary shall review and approve or disapprove each 
site security plan submitted pursuant to subsection (a). 
‘‘(B) BASES FOR DISAPPROVAL.—The Secretary—
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‘‘(i) may not disapprove a site security plan based 
on the presence or absence of a particular security 
measure; and 
‘‘(ii) shall disapprove a site security plan if the 
plan fails to satisfy the risk-based performance stand-
ards established pursuant to subsection (a)(2)(C). 
‘‘(2) ALTERNATIVE SECURITY PROGRAMS.— 
‘‘(A) AUTHORITY TO APPROVE.— 
‘‘(i) IN GENERAL.—The Secretary may approve an 
alternative security program established by a private 
sector entity or a Federal, State, or local authority 
or under other applicable laws, if the Secretary deter-
mines that the requirements of the program meet the 
requirements under this section. 
‘‘(ii) ADDITIONAL
SECURITY
MEASURES.—If the 
requirements of an alternative security program do 
not meet the requirements under this section, the Sec-
retary may recommend additional security measures 
to the program that will enable the Secretary to 
approve the program. 
‘‘(B) SATISFACTION OF SITE SECURITY PLAN REQUIRE-
MENT.—A covered chemical facility may satisfy the site 
security plan requirement under subsection (a) by adopting 
an alternative security program that the Secretary has— 
‘‘(i) reviewed and approved under subparagraph 
(A); and 
‘‘(ii) determined to be appropriate for the oper-
ations and security concerns of the covered chemical 
facility. 
‘‘(3) SITE SECURITY PLAN ASSESSMENTS.— 
‘‘(A) RISK
ASSESSMENT
POLICIES
AND
PROCEDURES.— 
In approving or disapproving a site security plan under 
this subsection, the Secretary shall employ the risk assess-
ment policies and procedures developed under this title. 
‘‘(B) PREVIOUSLY APPROVED PLANS.—In the case of a 
covered chemical facility for which the Secretary approved 
a site security plan before the date of enactment of the 
Protecting and Securing Chemical Facilities from Terrorist 
Attacks Act of 2014, the Secretary may not require the 
facility to resubmit the site security plan solely by reason 
of the enactment of this title. 
‘‘(4) EXPEDITED APPROVAL PROGRAM.— 
‘‘(A) IN GENERAL.—A covered chemical facility assigned 
to tier 3 or 4 may meet the requirement to develop and 
submit a site security plan under subsection (a)(2)(D) by 
developing and submitting to the Secretary— 
‘‘(i) a site security plan and the certification 
described in subparagraph (C); or 
‘‘(ii) a site security plan in conformance with a 
template authorized under subparagraph (H). 
‘‘(B) GUIDANCE FOR EXPEDITED APPROVAL FACILITIES.— 
‘‘(i) IN GENERAL.—Not later than 180 days after 
the date of enactment of the Protecting and Securing 
Chemical Facilities from Terrorist Attacks Act of 2014, 
the Secretary shall issue guidance for expedited
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approval facilities that identifies specific security meas-
ures that are sufficient to meet the risk-based perform-
ance standards. 
‘‘(ii) MATERIAL DEVIATION FROM GUIDANCE.—If a 
security measure in the site security plan of an expe-
dited approval facility materially deviates from a secu-
rity measure in the guidance for expedited approval 
facilities, the site security plan shall include an expla-
nation of how such security measure meets the risk- 
based performance standards. 
‘‘(iii) APPLICABILITY OF OTHER LAWS TO DEVELOP-
MENT AND ISSUANCE OF INITIAL GUIDANCE.—During the 
period before the Secretary has met the deadline under 
clause (i), in developing and issuing, or amending, 
the guidance for expedited approval facilities under 
this subparagraph and in collecting information from 
expedited approval facilities, the Secretary shall not 
be subject to— 
‘‘(I) section 553 of title 5, United States Code; 
‘‘(II) subchapter I of chapter 35 of title 44, 
United States Code; or 
‘‘(III) section 2107(b) of this title. 
‘‘(C) CERTIFICATION.—The owner or operator of an expe-
dited approval facility shall submit to the Secretary a cer-
tification, signed under penalty of perjury, that— 
‘‘(i) the owner or operator is familiar with the 
requirements of this title and part 27 of title 6, Code 
of Federal Regulations, or any successor thereto, and 
the site security plan being submitted; 
‘‘(ii) the site security plan includes the security 
measures required by subsection (b); 
‘‘(iii)(I) the security measures in the site security 
plan do not materially deviate from the guidance for 
expedited approval facilities except where indicated 
in the site security plan; 
‘‘(II) any deviations from the guidance for expe-
dited approval facilities in the site security plan meet 
the risk-based performance standards for the tier to 
which the facility is assigned; and 
‘‘(III) the owner or operator has provided an expla-
nation of how the site security plan meets the risk- 
based performance standards for any material devi-
ation; 
‘‘(iv) the owner or operator has visited, examined, 
documented, and verified that the expedited approval 
facility meets the criteria set forth in the site security 
plan; 
‘‘(v) the expedited approval facility has imple-
mented all of the required performance measures out-
lined in the site security plan or set out planned meas-
ures that will be implemented within a reasonable 
time period stated in the site security plan; 
‘‘(vi) each individual responsible for implementing 
the site security plan has been made aware of the 
requirements relevant to the individual’s responsibility 
contained in the site security plan and has dem-
onstrated competency to carry out those requirements;
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‘‘(vii) the owner or operator has committed, or, 
in the case of planned measures will commit, the nec-
essary resources to fully implement the site security 
plan; and 
‘‘(viii) the planned measures include an adequate 
procedure for addressing events beyond the control 
of the owner or operator in implementing any planned 
measures. 
‘‘(D) DEADLINE.— 
‘‘(i) IN GENERAL.—Not later than 120 days after 
the date described in clause (ii), the owner or operator 
of an expedited approval facility shall submit to the 
Secretary the site security plan and the certification 
described in subparagraph (C). 
‘‘(ii) DATE.—The date described in this clause is— 
‘‘(I) for an expedited approval facility that was 
assigned to tier 3 or 4 under existing CFATS regu-
lations before the date of enactment of the Pro-
tecting and Securing Chemical Facilities from Ter-
rorist Attacks Act of 2014, the date that is 210 
days after the date of enactment of that Act; and 
‘‘(II) for any expedited approval facility not 
described in subclause (I), the later of— 
‘‘(aa) the date on which the expedited 
approval facility is assigned to tier 3 or 4 
under subsection (e)(2)(A); or 
‘‘(bb) the date that is 210 days after the 
date of enactment of the Protecting and 
Securing Chemical Facilities from Terrorist 
Attacks Act of 2014. 
‘‘(iii) NOTICE.—An owner or operator of an expe-
dited approval facility shall notify the Secretary of 
the intent of the owner or operator to certify the site 
security plan for the expedited approval facility not 
later than 30 days before the date on which the owner 
or operator submits the site security plan and certifi-
cation described in subparagraph (C). 
‘‘(E) COMPLIANCE.— 
‘‘(i) IN
GENERAL.—For an expedited approval 
facility submitting a site security plan and certification 
in accordance with subparagraphs (A), (B), (C), and 
(D)— 
‘‘(I) the expedited approval facility shall 
comply with all of the requirements of its site 
security plan; and 
‘‘(II) the Secretary— 
‘‘(aa) except as provided in subparagraph 
(G), may not disapprove the site security plan; 
and 
‘‘(bb) may audit and inspect the expedited 
approval facility under subsection (d) to verify 
compliance with its site security plan. 
‘‘(ii) NONCOMPLIANCE.—If the Secretary determines 
an expedited approval facility is not in compliance 
with the requirements of the site security plan or is 
otherwise in violation of this title, the Secretary may 
enforce compliance in accordance with section 2104.
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‘‘(F) AMENDMENTS TO SITE SECURITY PLAN.— 
‘‘(i) REQUIREMENT.— 
‘‘(I) IN
GENERAL.—If the owner or operator 
of an expedited approval facility amends a site 
security plan submitted under subparagraph (A), 
the owner or operator shall submit the amended 
site security plan and a certification relating to 
the amended site security plan that contains the 
information described in subparagraph (C). 
‘‘(II) TECHNICAL AMENDMENTS.—For purposes 
of this clause, an amendment to a site security 
plan includes any technical amendment to the site 
security plan. 
‘‘(ii) AMENDMENT REQUIRED.—The owner or oper-
ator of an expedited approval facility shall amend the 
site security plan if— 
‘‘(I) there is a change in the design, construc-
tion, operation, or maintenance of the expedited 
approval facility that affects the site security plan; 
‘‘(II) the Secretary requires additional security 
measures or suspends a certification and rec-
ommends additional security measures under 
subparagraph (G); or 
‘‘(III) the owner or operator receives notice 
from the Secretary of a change in tiering under 
subsection (e)(3). 
‘‘(iii) DEADLINE.—An amended site security plan 
and certification shall be submitted under clause (i)— 
‘‘(I) in the case of a change in design, construc-
tion, operation, or maintenance of the expedited 
approval facility that affects the security plan, not 
later than 120 days after the date on which the 
change in design, construction, operation, or 
maintenance occurred; 
‘‘(II) in the case of the Secretary requiring 
additional security measures or suspending a cer-
tification and recommending additional security 
measures under subparagraph (G), not later than 
120 days after the date on which the owner or 
operator receives notice of the requirement for 
additional security measures or suspension of the 
certification and recommendation of additional 
security measures; and 
‘‘(III) in the case of a change in tiering, not 
later than 120 days after the date on which the 
owner or operator receives notice under subsection 
(e)(3). 
‘‘(G) FACIALLY DEFICIENT SITE SECURITY PLANS.— 
‘‘(i) PROHIBITION.—Notwithstanding subparagraph 
(A) or (E), the Secretary may suspend the authority 
of a covered chemical facility to certify a site security 
plan if the Secretary— 
‘‘(I) determines the certified site security plan 
or an amended site security plan is facially defi-
cient; and 
‘‘(II) not later than 100 days after the date 
on which the Secretary receives the site security
H. R. 4007—8 
plan and certification, provides the covered chem-
ical facility with written notification that the site 
security plan is facially deficient, including a clear 
explanation of each deficiency in the site security 
plan. 
‘‘(ii) ADDITIONAL SECURITY MEASURES.— 
‘‘(I) IN GENERAL.—If, during or after a compli-
ance inspection of an expedited approval facility, 
the Secretary determines that planned or imple-
mented security measures in the site security plan 
of the facility are insufficient to meet the risk- 
based performance standards based on misrepre-
sentation, omission, or an inadequate description 
of the site, the Secretary may— 
‘‘(aa) require additional security measures; 
or 
‘‘(bb) suspend the certification of the 
facility. 
‘‘(II) RECOMMENDATION OF ADDITIONAL SECU-
RITY
MEASURES.—If the Secretary suspends the 
certification of an expedited approval facility under 
subclause (I), the Secretary shall— 
‘‘(aa) recommend specific additional secu-
rity measures that, if made part of the site 
security plan by the facility, would enable the 
Secretary to approve the site security plan; 
and 
‘‘(bb) provide the facility an opportunity 
to submit a new or modified site security plan 
and certification under subparagraph (A). 
‘‘(III) SUBMISSION; REVIEW.—If an expedited 
approval facility determines to submit a new or 
modified site security plan and certification as 
authorized under subclause (II)(bb)— 
‘‘(aa) not later than 90 days after the date 
on which the facility receives recommenda-
tions under subclause (II)(aa), the facility shall 
submit the new or modified plan and certifi-
cation; and 
‘‘(bb) not later than 45 days after the date 
on which the Secretary receives the new or 
modified plan under item (aa), the Secretary 
shall review the plan and determine whether 
the plan is facially deficient. 
‘‘(IV) DETERMINATION NOT TO INCLUDE ADDI-
TIONAL SECURITY MEASURES.— 
‘‘(aa) REVOCATION
OF
CERTIFICATION.—If 
an expedited approval facility does not agree 
to include in its site security plan specific addi-
tional security measures recommended by the 
Secretary under subclause (II)(aa), or does not 
submit a new or modified site security plan 
in accordance with subclause (III), the Sec-
retary may revoke the certification of the 
facility by issuing an order under section 
2104(a)(1)(B).
H. R. 4007—9 
‘‘(bb) EFFECT OF REVOCATION.—If the Sec-
retary revokes the certification of an expedited 
approval facility under item (aa) by issuing 
an order under section 2104(a)(1)(B)— 
‘‘(AA) the order shall require the 
owner or operator of the facility to submit 
a site security plan or alternative security 
program for review by the Secretary 
review under subsection (c)(1); and 
‘‘(BB) the facility shall no longer be 
eligible to certify a site security plan 
under this paragraph. 
‘‘(V) FACIAL
DEFICIENCY.—If the Secretary 
determines that a new or modified site security 
plan submitted by an expedited approval facility 
under subclause (III) is facially deficient— 
‘‘(aa) not later than 120 days after the 
date of the determination, the owner or oper-
ator of the facility shall submit a site security 
plan or alternative security program for review 
by the Secretary under subsection (c)(1); and 
‘‘(bb) the facility shall no longer be eligible 
to certify a site security plan under this para-
graph. 
‘‘(H) TEMPLATES.— 
‘‘(i) IN
GENERAL.—The Secretary may develop 
prescriptive site security plan templates with specific 
security measures to meet the risk-based performance 
standards under subsection (a)(2)(C) for adoption and 
certification by a covered chemical facility assigned 
to tier 3 or 4 in lieu of developing and certifying 
its own plan. 
‘‘(ii) APPLICABILITY OF OTHER LAWS TO DEVELOP-
MENT AND ISSUANCE OF INITIAL SITE SECURITY PLAN 
TEMPLATES
AND
RELATED
GUIDANCE.—During the 
period before the Secretary has met the deadline under 
subparagraph (B)(i), in developing and issuing, or 
amending, the site security plan templates under this 
subparagraph, in issuing guidance for implementation 
of the templates, and in collecting information from 
expedited approval facilities, the Secretary shall not 
be subject to— 
‘‘(I) section 553 of title 5, United States Code; 
‘‘(II) subchapter I of chapter 35 of title 44, 
United States Code; or 
‘‘(III) section 2107(b) of this title. 
‘‘(iii) RULE
OF
CONSTRUCTION.—Nothing in this 
subparagraph shall be construed to prevent a covered 
chemical facility from developing and certifying its own 
security plan in accordance with subparagraph (A). 
‘‘(I) EVALUATION.— 
‘‘(i) IN GENERAL.—Not later than 18 months after 
the date of enactment of the Protecting and Securing 
Chemical Facilities from Terrorist Attacks Act of 2014, 
the Secretary shall take any appropriate action nec-
essary for a full evaluation of the expedited approval 
program authorized under this paragraph, including
H. R. 4007—10 
conducting an appropriate number of inspections, as 
authorized under subsection (d), of expedited approval 
facilities. 
‘‘(ii) REPORT.—Not later than 18 months after the 
date of enactment of the Protecting and Securing 
Chemical Facilities from Terrorist Attacks Act of 2014, 
the Secretary shall submit to the Committee on Home-
land Security and Governmental Affairs of the Senate 
and the Committee on Homeland Security and the 
Committee on Energy and Commerce of the House 
of Representatives a report that contains— 
‘‘(I)(aa) the number of eligible facilities using 
the expedited approval program authorized under 
this paragraph; and 
‘‘(bb) the number of facilities that are eligible 
for the expedited approval program but are using 
the standard process for developing and submitting 
a site security plan under subsection (a)(2)(D); 
‘‘(II) any costs and efficiencies associated with 
the expedited approval program; 
‘‘(III) the impact of the expedited approval pro-
gram on the backlog for site security plan approval 
and authorization inspections; 
‘‘(IV) an assessment of the ability of expedited 
approval facilities to submit facially sufficient site 
security plans; 
‘‘(V) an assessment of any impact of the expe-
dited approval program on the security of chemical 
facilities; and 
‘‘(VI) a recommendation by the Secretary on 
the frequency of compliance inspections that may 
be required for expedited approval facilities. 
‘‘(d) COMPLIANCE.— 
‘‘(1) AUDITS AND INSPECTIONS.— 
‘‘(A) DEFINITIONS.—In this paragraph— 
‘‘(i) the term ‘nondepartmental’— 
‘‘(I) with respect to personnel, means personnel 
that is not employed by the Department; and 
‘‘(II) with respect to an entity, means an entity 
that is not a component or other authority of the 
Department; and 
‘‘(ii) the term ‘nongovernmental’— 
‘‘(I) with respect to personnel, means personnel 
that is not employed by the Federal Government; 
and 
‘‘(II) with respect to an entity, means an entity 
that is not an agency, department, or other 
authority of the Federal Government. 
‘‘(B) AUTHORITY
TO
CONDUCT
AUDITS
AND
INSPEC-
TIONS.—The Secretary shall conduct audits or inspections 
under this title using— 
‘‘(i) employees of the Department; 
‘‘(ii) nondepartmental or nongovernmental per-
sonnel approved by the Secretary; or 
‘‘(iii) a combination of individuals described in 
clauses (i) and (ii).
H. R. 4007—11 
‘‘(C) SUPPORT
PERSONNEL.—The Secretary may use 
nongovernmental personnel to provide administrative and 
logistical services in support of audits and inspections 
under this title. 
‘‘(D) REPORTING STRUCTURE.— 
‘‘(i) NONDEPARTMENTAL
AND
NONGOVERNMENTAL 
AUDITS AND INSPECTIONS.—Any audit or inspection con-
ducted by an individual employed by a nondepart-
mental or nongovernmental entity shall be assigned 
in coordination with a regional supervisor with respon-
sibility for supervising inspectors within the Infrastruc-
ture Security Compliance Division of the Department 
for the region in which the audit or inspection is to 
be conducted. 
‘‘(ii) REQUIREMENT
TO
REPORT.—While an indi-
vidual employed by a nondepartmental or nongovern-
mental entity is in the field conducting an audit or 
inspection under this subsection, the individual shall 
report to the regional supervisor with responsibility 
for supervising inspectors within the Infrastructure 
Security Compliance Division of the Department for 
the region in which the individual is operating. 
‘‘(iii) APPROVAL.—The authority to approve a site 
security plan under subsection (c) or determine if a 
covered chemical facility is in compliance with an 
approved site security plan shall be exercised solely 
by the Secretary or a designee of the Secretary within 
the Department. 
‘‘(E) STANDARDS FOR AUDITORS AND INSPECTORS.—The 
Secretary shall prescribe standards for the training and 
retraining of each individual used by the Department as 
an auditor or inspector, including each individual employed 
by the Department and all nondepartmental or nongovern-
mental personnel, including— 
‘‘(i) minimum training requirements for new audi-
tors and inspectors; 
‘‘(ii) retraining requirements; 
‘‘(iii) minimum education and experience levels; 
‘‘(iv) the submission of information as required 
by the Secretary to enable determination of whether 
the auditor or inspector has a conflict of interest; 
‘‘(v) the proper certification or certifications nec-
essary to handle chemical-terrorism vulnerability 
information (as defined in section 27.105 of title 6, 
Code of Federal Regulations, or any successor thereto); 
‘‘(vi) the reporting of any issue of non-compliance 
with this section to the Secretary within 24 hours; 
and 
‘‘(vii) any additional qualifications for fitness of 
duty as the Secretary may require. 
‘‘(F) CONDITIONS
FOR
NONGOVERNMENTAL
AUDITORS 
AND INSPECTORS.—If the Secretary arranges for an audit 
or inspection under subparagraph (B) to be carried out 
by a nongovernmental entity, the Secretary shall— 
‘‘(i) prescribe standards for the qualification of the 
individuals who carry out such audits and inspections
H. R. 4007—12 
that are commensurate with the standards for similar 
Government auditors or inspectors; and 
‘‘(ii) ensure that any duties carried out by a non-
governmental entity are not inherently governmental 
functions. 
‘‘(2) PERSONNEL SURETY.— 
‘‘(A) PERSONNEL SURETY PROGRAM.—For purposes of 
this title, the Secretary shall establish and carry out a 
Personnel Surety Program that— 
‘‘(i) does not require an owner or operator of a 
covered chemical facility that voluntarily participates 
in the program to submit information about an indi-
vidual more than 1 time; 
‘‘(ii) provides a participating owner or operator 
of a covered chemical facility with relevant information 
about an individual based on vetting the individual 
against the terrorist screening database, to the extent 
that such feedback is necessary for the facility to be 
in compliance with regulations promulgated under this 
title; and 
‘‘(iii) provides redress to an individual— 
‘‘(I) whose information was vetted against the 
terrorist screening database under the program; 
and 
‘‘(II) who believes that the personally identifi-
able information submitted to the Department for 
such vetting by a covered chemical facility, or its 
designated representative, was inaccurate. 
‘‘(B) PERSONNEL SURETY PROGRAM IMPLEMENTATION.— 
To the extent that a risk-based performance standard 
established under subsection (a) requires identifying 
individuals with ties to terrorism— 
‘‘(i) a covered chemical facility— 
‘‘(I) may satisfy its obligation under the 
standard by using any Federal screening program 
that periodically vets individuals against the ter-
rorist screening database, or any successor pro-
gram, including the Personnel Surety Program 
established under subparagraph (A); and 
‘‘(II) shall— 
‘‘(aa) accept a credential from a Federal 
screening program described in subclause (I) 
if an individual who is required to be screened 
presents such a credential; and 
‘‘(bb) address in its site security plan or 
alternative security program the measures it 
will take to verify that a credential or docu-
mentation from a Federal screening program 
described in subclause (I) is current; 
‘‘(ii) visual inspection shall be sufficient to meet 
the requirement under clause (i)(II)(bb), but the facility 
should consider other means of verification, consistent 
with the facility’s assessment of the threat posed by 
acceptance of such credentials; and 
‘‘(iii) the Secretary may not require a covered 
chemical facility to submit any information about an 
individual unless the individual—
H. R. 4007—13 
‘‘(I) is to be vetted under the Personnel Surety 
Program; or 
‘‘(II) has been identified as presenting a ter-
rorism security risk. 
‘‘(C) RIGHTS
UNAFFECTED.—Nothing in this section 
shall supersede the ability— 
‘‘(i) of a facility to maintain its own policies 
regarding the access of individuals to restricted areas 
or critical assets; or 
‘‘(ii) of an employing facility and a bargaining 
agent, where applicable, to negotiate as to how the 
results of a background check may be used by the 
facility with respect to employment status. 
‘‘(3) AVAILABILITY OF INFORMATION.—The Secretary shall 
share with the owner or operator of a covered chemical facility 
any information that the owner or operator needs to comply 
with this section. 
‘‘(e) RESPONSIBILITIES OF THE SECRETARY.— 
‘‘(1) 
IDENTIFICATION
OF
CHEMICAL
FACILITIES
OF 
INTEREST.—In carrying out this title, the Secretary shall consult 
with the heads of other Federal agencies, States and political 
subdivisions thereof, relevant business associations, and public 
and private labor organizations to identify all chemical facilities 
of interest. 
‘‘(2) RISK ASSESSMENT.— 
‘‘(A) IN GENERAL.—For purposes of this title, the Sec-
retary shall develop a security risk assessment approach 
and corresponding tiering methodology for covered chemical 
facilities that incorporates the relevant elements of risk, 
including threat, vulnerability, and consequence. 
‘‘(B) CRITERIA FOR DETERMINING SECURITY RISK.—The 
criteria for determining the security risk of terrorism asso-
ciated with a covered chemical facility shall take into 
account— 
‘‘(i) relevant threat information; 
‘‘(ii) potential severe economic consequences and 
the potential loss of human life in the event of the 
facility being subject to attack, compromise, infiltra-
tion, or exploitation by terrorists; and 
‘‘(iii) vulnerability of the facility to attack, com-
promise, infiltration, or exploitation by terrorists. 
‘‘(3) CHANGES IN TIERING.— 
‘‘(A) MAINTENANCE OF RECORDS.—The Secretary shall 
document the basis for each instance in which— 
‘‘(i) tiering for a covered chemical facility is 
changed; or 
‘‘(ii) a covered chemical facility is determined to 
no longer be subject to the requirements under this 
title. 
‘‘(B) REQUIRED INFORMATION.—The records maintained 
under subparagraph (A) shall include information on 
whether and how the Secretary confirmed the information 
that was the basis for the change or determination 
described in subparagraph (A). 
‘‘(4) SEMIANNUAL
PERFORMANCE
REPORTING.—Not later 
than 6 months after the date of enactment of the Protecting 
and Securing Chemical Facilities from Terrorist Attacks Act
H. R. 4007—14 
of 2014, and not less frequently than once every 6 months 
thereafter, the Secretary shall submit to the Committee on 
Homeland Security and Governmental Affairs of the Senate 
and the Committee on Homeland Security and the Committee 
on Energy and Commerce of the House of Representatives 
a report that includes, for the period covered by the report— 
‘‘(A) the number of covered chemical facilities in the 
United States; 
‘‘(B) information— 
‘‘(i) describing— 
‘‘(I) the number of instances in which the Sec-
retary— 
‘‘(aa) placed a covered chemical facility in 
a lower risk tier; or 
‘‘(bb) determined that a facility that had 
previously met the criteria for a covered chem-
ical facility under section 2101(3) no longer 
met the criteria; and 
‘‘(II) the basis, in summary form, for each 
action or determination under subclause (I); and 
‘‘(ii) that is provided in a sufficiently anonymized 
form to ensure that the information does not identify 
any specific facility or company as the source of the 
information when viewed alone or in combination with 
other public information; 
‘‘(C) the average number of days spent reviewing site 
security or an alternative security program for a covered 
chemical facility prior to approval; 
‘‘(D) 
the 
number 
of 
covered 
chemical 
facilities 
inspected; 
‘‘(E) the average number of covered chemical facilities 
inspected per inspector; and 
‘‘(F) any other information that the Secretary deter-
mines will be helpful to Congress in evaluating the perform-
ance of the Chemical Facility Anti-Terrorism Standards 
Program. 
‘‘SEC. 2103. PROTECTION AND SHARING OF INFORMATION. 
‘‘(a) IN GENERAL.—Notwithstanding any other provision of law, 
information developed under this title, including vulnerability 
assessments, site security plans, and other security related informa-
tion, records, and documents shall be given protections from public 
disclosure consistent with the protection of similar information 
under section 70103(d) of title 46, United States Code. 
‘‘(b) SHARING
OF
INFORMATION
WITH
STATES
AND
LOCAL 
GOVERNMENTS.—Nothing in this section shall be construed to pro-
hibit the sharing of information developed under this title, as the 
Secretary determines appropriate, with State and local government 
officials possessing a need to know and the necessary security 
clearances, including law enforcement officials and first responders, 
for the purpose of carrying out this title, provided that such informa-
tion may not be disclosed pursuant to any State or local law. 
‘‘(c) SHARING OF INFORMATION WITH FIRST RESPONDERS.— 
‘‘(1) REQUIREMENT.—The Secretary shall provide to State, 
local, and regional fusion centers (as that term is defined in 
section 210A(j)(1)) and State and local government officials, 
as the Secretary determines appropriate, such information as
H. R. 4007—15 
is necessary to help ensure that first responders are properly 
prepared and provided with the situational awareness needed 
to respond to security incidents at covered chemical facilities. 
‘‘(2) DISSEMINATION.—The Secretary shall disseminate 
information under paragraph (1) through a medium or system 
determined by the Secretary to be appropriate to ensure the 
secure and expeditious dissemination of such information to 
necessary selected individuals. 
‘‘(d) ENFORCEMENT PROCEEDINGS.—In any proceeding to enforce 
this section, vulnerability assessments, site security plans, and 
other information submitted to or obtained by the Secretary under 
this title, and related vulnerability or security information, shall 
be treated as if the information were classified information. 
‘‘(e) AVAILABILITY
OF
INFORMATION.—Notwithstanding any 
other provision of law (including section 552(b)(3) of title 5, United 
States Code), section 552 of title 5, United States Code (commonly 
known as the ‘Freedom of Information Act’) shall not apply to 
information protected from public disclosure pursuant to subsection 
(a) of this section. 
‘‘(f) SHARING OF INFORMATION WITH MEMBERS OF CONGRESS.— 
Nothing in this section shall prohibit the Secretary from disclosing 
information developed under this title to a Member of Congress 
in response to a request by a Member of Congress. 
‘‘SEC. 2104. CIVIL ENFORCEMENT. 
‘‘(a) NOTICE OF NONCOMPLIANCE.— 
‘‘(1) NOTICE.—If the Secretary determines that a covered 
chemical facility is not in compliance with this title, the Sec-
retary shall— 
‘‘(A) provide the owner or operator of the facility with— 
‘‘(i) not later than 14 days after date on which 
the Secretary makes the determination, a written 
notification of noncompliance that includes a clear 
explanation of any deficiency in the security vulner-
ability assessment or site security plan; and 
‘‘(ii) an opportunity for consultation with the Sec-
retary or the Secretary’s designee; and 
‘‘(B) issue to the owner or operator of the facility an 
order to comply with this title by a date specified by the 
Secretary in the order, which date shall be not later than 
180 days after the date on which the Secretary issues 
the order. 
‘‘(2) CONTINUED NONCOMPLIANCE.—If an owner or operator 
remains noncompliant after the procedures outlined in para-
graph (1) have been executed, or demonstrates repeated viola-
tions of this title, the Secretary may enter an order in accord-
ance with this section assessing a civil penalty, an order to 
cease operations, or both. 
‘‘(b) CIVIL PENALTIES.— 
‘‘(1) VIOLATIONS OF ORDERS.—Any person who violates an 
order issued under this title shall be liable for a civil penalty 
under section 70119(a) of title 46, United States Code. 
‘‘(2) NON-REPORTING CHEMICAL FACILITIES OF INTEREST.— 
Any owner of a chemical facility of interest who fails to comply 
with, or knowingly submits false information under, this title 
or the CFATS regulations shall be liable for a civil penalty 
under section 70119(a) of title 46, United States Code.
H. R. 4007—16 
‘‘(c) EMERGENCY ORDERS.— 
‘‘(1) IN GENERAL.—Notwithstanding subsection (a) or any 
site security plan or alternative security program approved 
under this title, if the Secretary determines that there is an 
imminent threat of death, serious illness, or severe personal 
injury, due to a violation of this title or the risk of a terrorist 
incident that may affect a chemical facility of interest, the 
Secretary— 
‘‘(A) shall consult with the facility, if practicable, on 
steps to mitigate the risk; and 
‘‘(B) may order the facility, without notice or oppor-
tunity for a hearing, effective immediately or as soon as 
practicable, to— 
‘‘(i) implement appropriate emergency security 
measures; or 
‘‘(ii) cease or reduce some or all operations, in 
accordance with safe shutdown procedures, if the Sec-
retary determines that such a cessation or reduction 
of operations is the most appropriate means to address 
the risk. 
‘‘(2) LIMITATION ON DELEGATION.—The Secretary may not 
delegate the authority under paragraph (1) to any official other 
than the Under Secretary responsible for overseeing critical 
infrastructure protection, cybersecurity, and other related pro-
grams of the Department appointed under section 103(a)(1)(H). 
‘‘(3) LIMITATION ON AUTHORITY.—The Secretary may exer-
cise the authority under this subsection only to the extent 
necessary to abate the imminent threat determination under 
paragraph (1). 
‘‘(4) DUE PROCESS FOR FACILITY OWNER OR OPERATOR.— 
‘‘(A) WRITTEN ORDERS.—An order issued by the Sec-
retary under paragraph (1) shall be in the form of a written 
emergency order that— 
‘‘(i) describes the violation or risk that creates 
the imminent threat; 
‘‘(ii) states the security measures or order issued 
or imposed; and 
‘‘(iii) describes the standards and procedures for 
obtaining relief from the order. 
‘‘(B) OPPORTUNITY FOR REVIEW.—After issuing an order 
under paragraph (1) with respect to a chemical facility 
of interest, the Secretary shall provide for review of the 
order under section 554 of title 5 if a petition for review 
is filed not later than 20 days after the date on which 
the Secretary issues the order. 
‘‘(C) EXPIRATION OF EFFECTIVENESS OF ORDER.—If a 
petition for review of an order is filed under subparagraph 
(B) and the review under that paragraph is not completed 
by the last day of the 30-day period beginning on the 
date on which the petition is filed, the order shall vacate 
automatically at the end of that period unless the Secretary 
determines, in writing, that the imminent threat providing 
a basis for the order continues to exist. 
‘‘(d) RIGHT OF ACTION.—Nothing in this title confers upon any 
person except the Secretary or his or her designee a right of action 
against an owner or operator of a covered chemical facility to 
enforce any provision of this title.
H. R. 4007—17 
‘‘SEC. 2105. WHISTLEBLOWER PROTECTIONS. 
‘‘(a) PROCEDURE FOR REPORTING PROBLEMS.— 
‘‘(1) ESTABLISHMENT
OF
A
REPORTING
PROCEDURE.—Not 
later than 180 days after the date of enactment of the Protecting 
and Securing Chemical Facilities from Terrorist Attacks Act 
of 2014, the Secretary shall establish, and provide information 
to the public regarding, a procedure under which any employee 
or contractor of a chemical facility of interest may submit 
a report to the Secretary regarding a violation of a requirement 
under this title. 
‘‘(2) CONFIDENTIALITY.—The Secretary shall keep confiden-
tial the identity of an individual who submits a report under 
paragraph (1) and any such report shall be treated as a record 
containing protected information to the extent that the report 
does not consist of publicly available information. 
‘‘(3) ACKNOWLEDGMENT OF RECEIPT.—If a report submitted 
under paragraph (1) identifies the individual making the report, 
the Secretary shall promptly respond to the individual directly 
and shall promptly acknowledge receipt of the report. 
‘‘(4) STEPS TO ADDRESS PROBLEMS.—The Secretary— 
‘‘(A) shall review and consider the information provided 
in any report submitted under paragraph (1); and 
‘‘(B) may take action under section 2104 of this title 
if necessary to address any substantiated violation of a 
requirement under this title identified in the report. 
‘‘(5) DUE PROCESS FOR FACILITY OWNER OR OPERATOR.— 
‘‘(A) IN GENERAL.—If, upon the review described in 
paragraph (4), the Secretary determines that a violation 
of a provision of this title, or a regulation prescribed under 
this title, has occurred, the Secretary may— 
‘‘(i) institute a civil enforcement under section 
2104(a) of this title; or 
‘‘(ii) if the Secretary makes the determination 
under section 2104(c), issue an emergency order. 
‘‘(B) WRITTEN ORDERS.—The action of the Secretary 
under paragraph (4) shall be in a written form that— 
‘‘(i) describes the violation; 
‘‘(ii) states the authority under which the Secretary 
is proceeding; and 
‘‘(iii) describes the standards and procedures for 
obtaining relief from the order. 
‘‘(C) OPPORTUNITY FOR REVIEW.—After taking action 
under paragraph (4), the Secretary shall provide for review 
of the action if a petition for review is filed within 20 
calendar days of the date of issuance of the order for 
the action. 
‘‘(D) EXPIRATION OF EFFECTIVENESS OF ORDER.—If a 
petition for review of an action is filed under subparagraph 
(C) and the review under that subparagraph is not com-
pleted by the end of the 30-day period beginning on the 
date the petition is filed, the action shall cease to be effec-
tive at the end of such period unless the Secretary deter-
mines, in writing, that the violation providing a basis for 
the action continues to exist. 
‘‘(6) RETALIATION PROHIBITED.— 
‘‘(A) IN GENERAL.—An owner or operator of a chemical 
facility of interest or agent thereof may not discharge an
H. R. 4007—18 
employee or otherwise discriminate against an employee 
with respect to the compensation provided to, or terms, 
conditions, or privileges of the employment of, the employee 
because the employee (or an individual acting pursuant 
to a request of the employee) submitted a report under 
paragraph (1). 
‘‘(B) EXCEPTION.—An employee shall not be entitled 
to the protections under this section if the employee— 
‘‘(i) knowingly and willfully makes any false, ficti-
tious, or fraudulent statement or representation; or 
‘‘(ii) uses any false writing or document knowing 
the writing or document contains any false, fictitious, 
or fraudulent statement or entry. 
‘‘(b) PROTECTED DISCLOSURES.—Nothing in this title shall be 
construed to limit the right of an individual to make any disclo-
sure— 
‘‘(1) protected or authorized under section 2302(b)(8) or 
7211 of title 5, United States Code; 
‘‘(2) protected under any other Federal or State law that 
shields the disclosing individual against retaliation or discrimi-
nation for having made the disclosure in the public interest; 
or 
‘‘(3) to the Special Counsel of an agency, the inspector 
general of an agency, or any other employee designated by 
the head of an agency to receive disclosures similar to the 
disclosures described in paragraphs (1) and (2). 
‘‘(c) PUBLICATION OF RIGHTS.—The Secretary, in partnership 
with industry associations and labor organizations, shall make pub-
licly available both physically and online the rights that an indi-
vidual who discloses information, including security-sensitive 
information, regarding problems, deficiencies, or vulnerabilities at 
a covered chemical facility would have under Federal whistleblower 
protection laws or this title. 
‘‘(d) PROTECTED INFORMATION.—All information contained in 
a report made under this subsection (a) shall be protected in accord-
ance with section 2103. 
‘‘SEC. 2106. RELATIONSHIP TO OTHER LAWS. 
‘‘(a) OTHER FEDERAL LAWS.—Nothing in this title shall be con-
strued to supersede, amend, alter, or affect any Federal law that— 
‘‘(1) regulates (including by requiring information to be 
submitted or made available) the manufacture, distribution 
in commerce, use, handling, sale, other treatment, or disposal 
of chemical substances or mixtures; or 
‘‘(2) authorizes or requires the disclosure of any record 
or information obtained from a chemical facility under any 
law other than this title. 
‘‘(b) STATES AND POLITICAL SUBDIVISIONS.—This title shall not 
preclude or deny any right of any State or political subdivision 
thereof to adopt or enforce any regulation, requirement, or standard 
of performance with respect to chemical facility security that is 
more stringent than a regulation, requirement, or standard of 
performance issued under this section, or otherwise impair any 
right or jurisdiction of any State with respect to chemical facilities 
within that State, unless there is an actual conflict between this 
section and the law of that State.
H. R. 4007—19 
‘‘SEC. 2107. CFATS REGULATIONS. 
‘‘(a) GENERAL AUTHORITY.—The Secretary may, in accordance 
with chapter 5 of title 5, United States Code, promulgate regulations 
or amend existing CFATS regulations to implement the provisions 
under this title. 
‘‘(b) EXISTING CFATS REGULATIONS.— 
‘‘(1) IN GENERAL.—Notwithstanding section 4(b) of the Pro-
tecting and Securing Chemical Facilities from Terrorist Attacks 
Act of 2014, each existing CFATS regulation shall remain in 
effect unless the Secretary amends, consolidates, or repeals 
the regulation. 
‘‘(2) REPEAL.—Not later than 30 days after the date of 
enactment of the Protecting and Securing Chemical Facilities 
from Terrorist Attacks Act of 2014, the Secretary shall repeal 
any existing CFATS regulation that the Secretary determines 
is duplicative of, or conflicts with, this title. 
‘‘(c) AUTHORITY.—The Secretary shall exclusively rely upon 
authority provided under this title in— 
‘‘(1) determining compliance with this title; 
‘‘(2) identifying chemicals of interest; and 
‘‘(3) determining security risk associated with a chemical 
facility. 
‘‘SEC. 2108. SMALL COVERED CHEMICAL FACILITIES. 
‘‘(a) DEFINITION.—In this section, the term ‘small covered chem-
ical facility’ means a covered chemical facility that— 
‘‘(1) has fewer than 100 employees employed at the covered 
chemical facility; and 
‘‘(2) is owned and operated by a small business concern 
(as defined in section 3 of the Small Business Act (15 U.S.C. 
632)). 
‘‘(b) ASSISTANCE TO FACILITIES.—The Secretary may provide 
guidance and, as appropriate, tools, methodologies, or computer 
software, to assist small covered chemical facilities in developing 
the physical security, cybersecurity, recordkeeping, and reporting 
procedures required under this title. 
‘‘(c) REPORT.—The Secretary shall submit to the Committee 
on Homeland Security and Governmental Affairs of the Senate 
and the Committee on Homeland Security and the Committee on 
Energy and Commerce of the House of Representatives a report 
on best practices that may assist small covered chemical facilities 
in development of physical security best practices. 
‘‘SEC. 2109. OUTREACH TO CHEMICAL FACILITIES OF INTEREST. 
‘‘Not later than 90 days after the date of enactment of the 
Protecting and Securing Chemical Facilities from Terrorist Attacks 
Act of 2014, the Secretary shall establish an outreach implementa-
tion plan, in coordination with the heads of other appropriate Fed-
eral and State agencies, relevant business associations, and public 
and private labor organizations, to— 
‘‘(1) identify chemical facilities of interest; and 
‘‘(2) make available compliance assistance materials and 
information on education and training.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in section 
1(b) of the Homeland Security Act of 2002 (Public Law 107–196; 
116 Stat. 2135) is amended by adding at the end the following:
H. R. 4007—20 
‘‘TITLE XXI—CHEMICAL FACILITY ANTI–TERRORISM STANDARDS 
‘‘Sec. 2101. Definitions. 
‘‘Sec. 2102. Chemical Facility Anti-Terrorism Standards Program. 
‘‘Sec. 2103. Protection and sharing of information.– 
‘‘Sec. 2104. Civil enforcement. 
‘‘Sec. 2105. Whistleblower protections. 
‘‘Sec. 2106. Relationship to other laws. 
‘‘Sec. 2107. CFATS regulations. 
‘‘Sec. 2108. Small covered chemical facilities. 
‘‘Sec. 2109. Outreach to chemical facilities of interest.’’. 
SEC. 3. ASSESSMENT; REPORTS. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘Chemical Facility Anti-Terrorism Standards 
Program’’ means— 
(A) the Chemical Facility Anti-Terrorism Standards 
program initially authorized under section 550 of the 
Department of Homeland Security Appropriations Act, 2007 
(Public Law 109–295; 6 U.S.C. 121 note); and 
(B) the Chemical Facility Anti-Terrorism Standards 
Program subsequently authorized under section 2102(a) 
of the Homeland Security Act of 2002, as added by section 
2; 
(2) the term ‘‘Department’’ means the Department of Home-
land Security; and 
(3) the term ‘‘Secretary’’ means the Secretary of Homeland 
Security. 
(b) THIRD-PARTY ASSESSMENT.—Using amounts appropriated to 
the Department before the date of enactment of this Act, the Sec-
retary shall commission a third-party study to assess vulnerabilities 
of covered chemical facilities, as defined in section 2101 of the 
Homeland Security Act of 2002 (as added by section 2), to acts 
of terrorism. 
(c) REPORTS.— 
(1) REPORT TO CONGRESS.—Not later than 18 months after 
the date of enactment of this Act, the Secretary shall submit 
to the Committee on Homeland Security and Governmental 
Affairs of the Senate and the Committee on Homeland Security 
and the Committee on Energy and Commerce of the House 
of Representatives a report on the Chemical Facility Anti- 
Terrorism Standards Program that includes— 
(A) a certification by the Secretary that the Secretary 
has made significant progress in the identification of all 
chemical facilities of interest under section 2102(e)(1) of 
the Homeland Security Act of 2002, as added by section 
2, including— 
(i) a description of the steps taken to achieve that 
progress and the metrics used to measure the progress; 
(ii) information on whether facilities that sub-
mitted Top-Screens as a result of the identification 
of chemical facilities of interest were tiered and in 
what tiers those facilities were placed; and 
(iii) an action plan to better identify chemical facili-
ties of interest and bring those facilities into compli-
ance with title XXI of the Homeland Security Act of 
2002, as added by section 2; 
(B) a certification by the Secretary that the Secretary 
has developed a risk assessment approach and cor-
responding tiering methodology under section 2102(e)(2)
H. R. 4007—21 
of the Homeland Security Act of 2002, as added by section 
2; 
(C) an assessment by the Secretary of the implementa-
tion by the Department of the recommendations made by 
the Homeland Security Studies and Analysis Institute as 
outlined in the Institute’s Tiering Methodology Peer Review 
(Publication Number: RP12–22–02); and 
(D) a description of best practices that may assist 
small covered chemical facilities, as defined in section 
2108(a) of the Homeland Security Act of 2002, as added 
by section 2, in the development of physical security best 
practices. 
(2) ANNUAL GAO REPORT.— 
(A) IN GENERAL.—During the 3-year period beginning 
on the date of enactment of this Act, the Comptroller 
General of the United States shall submit to Congress 
an annual report that assesses the implementation of this 
Act and the amendments made by this Act. 
(B) INITIAL REPORT.—Not later than 180 days after 
the date of enactment of this Act, the Comptroller General 
shall submit to Congress the first report under subpara-
graph (A). 
(C) SECOND ANNUAL REPORT.—Not later than 1 year 
after the date of the initial report required under subpara-
graph (B), the Comptroller General shall submit to Con-
gress the second report under subparagraph (A), which 
shall include an assessment of the whistleblower protec-
tions provided under section 2105 of the Homeland Security 
Act of 2002, as added by section 2, and— 
(i) describes the number and type of problems, 
deficiencies, and vulnerabilities with respect to which 
reports have been submitted under such section 2105; 
(ii) evaluates the efforts of the Secretary in 
addressing 
the 
problems, 
deficiencies, 
and 
vulnerabilities described in subsection (a)(1) of such 
section 2105; and 
(iii) evaluates the efforts of the Secretary to inform 
individuals of their rights, as required under subsection 
(c) of such section 2105. 
(D) THIRD
ANNUAL
REPORT.—Not later than 1 year 
after the date on which the Comptroller General submits 
the second report required under subparagraph (A), the 
Comptroller General shall submit to Congress the third 
report under subparagraph (A), which shall include an 
assessment of— 
(i) the expedited approval program authorized 
under section 2102(c)(4) of the Homeland Security Act 
of 2002, as added by section 2; and 
(ii) the report on the expedited approval program 
submitted by the Secretary under subparagraph (I)(ii) 
of such section 2102(c)(4). 
SEC. 4. EFFECTIVE DATE; CONFORMING REPEAL. 
(a) EFFECTIVE DATE.—This Act, and the amendments made 
by this Act, shall take effect on the date that is 30 days after 
the date of enactment of this Act.
H. R. 4007—22 
(b) CONFORMING REPEAL.—Section 550 of the Department of 
Homeland Security Appropriations Act, 2007 (Public Law 109–295; 
120 Stat. 1388), is repealed as of the effective date of this Act. 
SEC. 5. TERMINATION. 
The authority provided under title XXI of the Homeland Secu-
rity Act of 2002, as added by section 2(a), shall terminate on 
the date that is 4 years after the effective date of this Act. 
Speaker of the House of Representatives. 
Vice President of the United States and
President of the Senate.