‘‘(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.
‘‘(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
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
‘‘(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—
‘‘(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
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
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 fol-
lowing: 
‘‘(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 pro-
vision of law, information developed pursuant to this title, 
including vulnerability assessments, site security plans, 
and other security related information, records, and docu-
ments 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 RE-
SPONDERS.—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 govern-
ment 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 dis-
seminated through the Homeland Security Information 
Network or the Homeland Secure Data Network, as ap-
propriate. 
‘‘(d) ENFORCEMENT PROCEEDINGS.—In any pro-
ceeding 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 con-
fers 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 indi-
vidual 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, distribu-
tion 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 regu-
lation, requirement, or standard of performance with re-
spect to chemical facility security that is more stringent 
than a regulation, requirement, or standard of perform-
ance 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 con-
flict between this section and the law of that State. 
‘‘(c) RAIL TRANSIT.— 
‘‘(1) DUPLICATIVE
REGULATIONS.—The Sec-
retary shall coordinate with the Assistant Secretary 
of Homeland Security (Transportation Security Ad-
ministration) to eliminate any provision of this title 
applicable to rail security that would duplicate any 
security measure under the Rail Transportation Se-
curity 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 Transpor-
tation Security Administration, the regulation under 
the jurisdiction of the Transportation Security Ad-
ministration 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 Chem-
ical Facilities Anti-Terrorism Standards Program. Such 
report shall include each of the following: 
‘‘(1) Certification by the Secretary that the Sec-
retary has made significant progress in the identi-
fication 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 ef-
forts were tiered and in what tiers they were placed, 
and an action plan to better identify chemical facili-
ties of interest and bring those facilities into compli-
ance. 
‘‘(2) Certification by the Secretary that the Sec-
retary has developed a risk assessment approach and 
corresponding tiering methodology pursuant to sec-
tion 2101(e)(2). 
‘‘(3) An assessment by the Secretary of the im-
plementation by the Department of any rec-
ommendations made by the Homeland Security 
Studies and Analysis Institute as outlined in the In-
stitute’s Tiering Methodology Peer Review (Publica-
tion 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 as-
sessment of the Comptroller General of the implementa-
tion 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 regula-
tions prescribed pursuant to section 550 of the Depart-
ment 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 Depart-
ment 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 guid-
ance and, as appropriate, tools, methodologies, or com-
puter 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 Rep-
resentatives and the Committee on Homeland Security 
and Governmental Affairs of the Senate a report on best 
practices that may assist small chemical facilities, as de-
fined 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 em-
ployed at the covered chemical facility, and is not a branch 
or subsidiary of another entity. 
‘‘SEC. 2109. OUTREACH TO CHEMICAL FACILITIES OF IN-
TEREST. 
‘‘Not later than 90 days after the date of the enact-
ment 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 in-
terest 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 au-
thorized 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 ter-
rorism associated with the Chemical Facility Anti-Ter-
rorism Standards program, as authorized pursuant to sec-
tion 550 of the Department of Homeland Security Appro-
priations 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 sub-
mit to Congress a plan for the utilization of metrics to 
assess the effectiveness of the Chemical Facility Anti-Ter-
rorism Standards program to reduce the risk of a terrorist 
attack or other security risk to those citizens and commu-
nities surrounding covered chemical facilities. The plan 
shall include benchmarks on when the program will begin 
utilizing the metrics and how the Department of Home-
land 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: 
Clerk.
113TH CONGRESS 
2D SESSION 
H. R. 4007 
AN ACT 
To recodify and reauthorize the Chemical Facility 
Anti-Terrorism Standards Program.