IIB 
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 Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Chemical Facility Anti- 
Terrorism Standards Program Authorization and Ac-
countability 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 FACIL-
ITY ANTI–TERRORISM STAND-
ARDS 
‘‘SEC. 2101. CHEMICAL FACILITY ANTI-TERRORISM STAND-
ARDS PROGRAM. 
‘‘(a) PROGRAM ESTABLISHED.—There is in the De-
partment a Chemical Facility Anti-Terrorism Standards 
Program. Under such Program, the Secretary shall estab-
lish risk-based performance standards designed to protect 
covered chemical facilities and chemical facilities of inter-
est from acts of terrorism and other security risks and 
require such facilities to submit security vulnerability as-
sessments and to develop and implement site security 
plans. 
‘‘(b) SECURITY MEASURES.—Site security plans re-
quired under subsection (a) may include layered security 
measures that, in combination, appropriately address the 
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security vulnerability assessment and the risk-based per-
formance 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 vulner-
ability assessment and site security plan under sub-
section (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 estab-
lished under subsection (a). 
‘‘(2) ALTERNATIVE SECURITY PROGRAMS.—The 
Secretary may approve an alternative security pro-
gram established by a private sector entity or a Fed-
eral, State, or local authority or pursuant to other 
applicable laws, if the Secretary determines that the 
requirements of such program meet the require-
ments 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. 
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‘‘(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 resub-
mission of the site security information solely by rea-
son of the enactment of this title. 
‘‘(4) CONSULTATION.—The Secretary may con-
sult 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 facili-
ties. The program would include the development of 
Program-Specific Handbooks for facilities to ref-
erence 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 deter-
mining compliance with this Act. The audit and 
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inspection may be carried out by a non-Depart-
ment or nongovernment entity, as approved by 
the Secretary. 
‘‘(B) REPORTING STRUCTURE.—Any audit 
or inspection conducted by an individual em-
ployed by a nongovernment entity shall be as-
signed 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 non-
government entity shall report to the respective 
head of audits and inspections for the region in 
which the individual is operating. 
‘‘(C) REQUIREMENTS
FOR
NONGOVERN-
MENT PERSONNEL.—If the Secretary arranges 
for an audit or inspection under subparagraph 
(A) to be carried out by a nongovernment enti-
ty, the Secretary shall require, as a condition of 
such arrangement, that any individual who con-
ducts 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 com-
mensurate with the standards for a Government 
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auditor or inspector. Such standards shall in-
clude— 
‘‘(i) minimum training requirements 
for new auditors or inspectors; 
‘‘(ii) retraining requirements; 
‘‘(iii) minimum education and experi-
ence levels; 
‘‘(iv) the submission of information as 
required by the Secretary to enable deter-
mination of whether the auditor or inspec-
tor has a conflict of interest; 
‘‘(v) the maintenance of a secret secu-
rity clearance; 
‘‘(vi) reporting any issue of non-com-
pliance with this section to the Secretary 
within 24 hours; and 
‘‘(vii) any additional qualifications for 
fitness of duty as the Secretary may estab-
lish. 
‘‘(D) TRAINING
OF
DEPARTMENT
AUDI-
TORS AND INSPECTORS.—The Secretary shall 
prescribe standards for the training and re-
training of individuals employed by the Depart-
ment as auditors and inspectors. Such stand-
ards shall include— 
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‘‘(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 deter-
mines 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 (includ-
ing a clear explanation of any defi-
ciency in the security vulnerability as-
sessment or site security plan) by not 
later than 14 days after the deter-
mination is made; and 
‘‘(II) an opportunity for consulta-
tion with the Secretary or the Sec-
retary’s designee; and 
‘‘(ii) issue an order to comply by such 
date as the Secretary determines to be ap-
propriate under the circumstances. 
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‘‘(B) CONTINUED
NONCOMPLIANCE.—If 
the owner or operator continues to be in non-
compliance after the date specified in such 
order, the Secretary may enter an order assess-
ing 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 op-
erator of a covered chemical facility that 
voluntarily participates to submit informa-
tion 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 vet-
ting the individual against the terrorist 
screening database, to the extent that such 
feedback is necessary for the facility’s com-
pliance with regulations promulgated under 
this title; and 
‘‘(iii) provides redress to an individual 
whose information was vetted against the 
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terrorist screening database under the pro-
gram and who believes that the personally 
identifiable information submitted to the 
Department for such vetting by a covered 
chemical facility, or its designated rep-
resentative, was inaccurate. 
‘‘(B) PERSONNEL
SURETY
IMPLEMENTA-
TION.—To the extent that a risk-based per-
formance standard under subsection (a) is di-
rected toward identifying individuals with ter-
rorist 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 peri-
odically vets individuals against the ter-
rorist 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 in-
formation about such individual unless the 
individual— 
‘‘(I) is vetted under the Per-
sonnel Surety Program; or 
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‘‘(II) has been identified as pre-
senting a terrorism security risk. 
‘‘(C) 
RESPONSIBILITIES
OF
SECURITY 
SCREENING COORDINATION OFFICE.— 
‘‘(i) IN
GENERAL.—The Secretary 
shall direct the Security Screening Coordi-
nation Office of the Department to coordi-
nate with the National Protection and Pro-
grams Directorate to expedite the develop-
ment 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 Sec-
retary 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 sub-
section (a), the Secretary may not require the facil-
ity to submit any information about an individual 
who has been granted access to the facility unless 
the individual— 
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‘‘(A) was vetted under the Personnel Sur-
ety 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 INTER-
EST.—In carrying out this title, the Secretary shall 
consult with the heads of other Federal agencies, 
States and political subdivisions thereof, and rel-
evant 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 assess-
ment approach and corresponding tiering meth-
odology that incorporates all relevant elements 
of risk, including threat, vulnerability, and con-
sequence. 
‘‘(B) CRITERIA FOR DETERMINING SECU-
RITY RISK.—The criteria for determining the 
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security risk of terrorism associated with a fa-
cility shall include— 
‘‘(i) the relevant threat information; 
‘‘(ii) the potential economic con-
sequences and the potential loss of human 
life in the event of the facility being sub-
ject to a terrorist attack, compromise, infil-
tration, or exploitation; and 
‘‘(iii) the vulnerability of the facility 
to a terrorist attack, compromise, infiltra-
tion, 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 deter-
mination. The records shall include information on 
whether and how the information that was the basis 
for the determination was confirmed by the Sec-
retary. 
‘‘(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 
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