life in the event of the facility being subject 
to a terrorist attack, compromise, infiltra-
tion, 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 main-
tain records to reflect the basis for this determination. 
The records shall include information on whether and 
how the information that was the basis for the deter-
mination was confirmed by the Secretary. 
‘‘(f) DEFINITIONS.—In this title: 
‘‘(1) The term ‘covered chemical facility’ means 
a facility that the Secretary identifies as a chemical 
facility of interest and, based upon review of a Top- 
Screen, as such term is defined in section 27.105 of 
title 6 of Code of Federal Regulations, determines 
meets the risk criteria developed pursuant subsection 
(e)(2)(B). Such term does not include any of the fol-
lowing: 
VerDate Mar 15 2010 
02:01 Jun 24, 2014
Jkt 039200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6203
E:\BILLS\H4007.RH
H4007
smartinez on DSK4TPTVN1PROD with BILLS
‘‘(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 Pol-
lution 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 En-
ergy. 
‘‘(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 In-
terest, 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 de-
veloped pursuant to subsection (e)(2)(B). 
‘‘SEC. 2102. PROTECTION AND SHARING OF INFORMATION. 
‘‘(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, information developed pursuant to this title, 
VerDate Mar 15 2010 
02:01 Jun 24, 2014
Jkt 039200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6203
E:\BILLS\H4007.RH
H4007
smartinez on DSK4TPTVN1PROD with BILLS
including vulnerability assessments, site security plans, 
and other security related information, records, and docu-
ments shall be given protections from public disclosure con-
sistent with similar information developed by chemical fa-
cilities 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 gov-
ernment officials possessing the necessary security clear-
ances, including law enforcement officials and first re-
sponders, 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 sec-
tion 210A(j)(1) of this Act) and State and local government 
officials, as determined appropriate by the Secretary, such 
information as is necessary to help ensure that first re-
sponders are properly prepared and provided with the situ-
ational awareness needed to respond to incidents at covered 
chemical facilities. Such information shall be disseminated 
VerDate Mar 15 2010 
02:01 Jun 24, 2014
Jkt 039200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6203
E:\BILLS\H4007.RH
H4007
smartinez on DSK4TPTVN1PROD with BILLS
through the Homeland Security Information Network or the 
Homeland Secure Data Network, as appropriate. 
‘‘(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 confers 
upon any person except the Secretary a right of action 
against an owner or operator of a covered chemical facility 
to enforce any provision of this title. 
‘‘SEC. 2104. WHISTLEBLOWER PROTECTIONS. 
‘‘The Secretary shall publish on the Internet website 
of the Department and in other materials made available 
to the public the whistleblower protections that an 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, distribution in 
VerDate Mar 15 2010 
02:01 Jun 24, 2014
Jkt 039200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6203
E:\BILLS\H4007.RH
H4007
smartinez on DSK4TPTVN1PROD with BILLS
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 regula-
tion, 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 juris-
diction of any State with respect to chemical facilities with-
in that State, unless there is an actual conflict 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 Admin-
istration) to eliminate any provision of this title ap-
plicable to rail security that would duplicate any se-
curity measure under the Rail Transportation Secu-
rity Rule under section 1580 of title 49 of the Code 
of Federal Regulations, as in effect as of the date of 
the enactment of this title. To the extent that there is 
a conflict between this title and any regulation under 
the jurisdiction of the Transportation Security Ad-
ministration, the regulation under the jurisdiction of 
VerDate Mar 15 2010 
02:01 Jun 24, 2014
Jkt 039200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6203
E:\BILLS\H4007.RH
H4007
smartinez on DSK4TPTVN1PROD with BILLS
the Transportation Security Administration shall 
prevail. 
‘‘(2) EXEMPTION
FROM
TOP-SCREEN.—A rail 
transit facility or a rail facility, as such terms are 
defined in section 1580.3 of title 49 of the Code of 
Federal Regulations, to which subpart 3 of such title 
applies pursuant to section 1580.100 of such title 
shall not be required to complete a Top-Screen as 
such term is defined in section 27.105 of title 6 of the 
Code of Federal Regulations. 
‘‘SEC. 2106. REPORTS. 
‘‘(a) REPORT
TO CONGRESS.—Not later than 18 
months after the date of the enactment of this title, the Sec-
retary shall submit to Congress a report on the Chemical 
Facilities Anti-Terrorism Standards Program. Such report 
shall include each of the following: 
‘‘(1) Certification by the Secretary that the Sec-
retary has made significant progress in the identifica-
tion of all chemical facilities of interest pursuant to 
section 2101(e)(1), including a description of the steps 
taken to achieve such progress and the metrics used 
to measure it, information on whether facilities that 
submitted Top-Screens as a result of such efforts were 
tiered and in what tiers they were placed, and an ac-
VerDate Mar 15 2010 
02:01 Jun 24, 2014
Jkt 039200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6203
E:\BILLS\H4007.RH
H4007
smartinez on DSK4TPTVN1PROD with BILLS
tion plan to better identify chemical facilities of in-
terest and bring those facilities into compliance. 
‘‘(2) Certification by the Secretary that the Sec-
retary has developed a risk assessment approach and 
corresponding tiering methodology pursuant to section 
2101(e)(2). 
‘‘(3) An assessment by the Secretary of the im-
plementation by the Department of any recommenda-
tions made by the Homeland Security Studies and 
Analysis Institute as outlined in the Institute’s 
Tiering Methodology Peer Review (Publication Num-
ber: RP12–22–02). 
‘‘(b) SEMIANNUAL GAO REPORT.—During the 3-year 
period beginning on the date of the enactment of this title, 
the Comptroller General of the United States shall submit 
a semiannual report to Congress containing the assessment 
of the Comptroller General of the implementation of this 
title. The Comptroller General shall submit the first such 
report by not later than the date that is 180 days after 
the date of the enactment of this title. 
‘‘SEC. 2107. CFATS REGULATIONS. 
‘‘(a) IN GENERAL.—The Secretary is authorized, in 
accordance with chapter 5 of title 5, United States Code, 
to promulgate regulations implementing the provisions of 
this title. 
VerDate Mar 15 2010 
02:01 Jun 24, 2014
Jkt 039200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6203
E:\BILLS\H4007.RH
H4007
smartinez on DSK4TPTVN1PROD with BILLS
‘‘(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 deter-
mines carry out such requirements, and may issue new reg-
ulations or amend such regulations pursuant to the author-
ity 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 Department 
of Homeland Security Appropriations Act, 2007 (Public 
Law 109–295; 120 Stat. 1388; 6 U.S.C. 121 note), as well 
as all Federal Register notices and other published guidance 
concerning section 550 of the Department of Homeland Se-
curity Appropriations Act, 2007. 
‘‘(d) AUTHORITY.—The Secretary shall exclusively rely 
upon authority provided in this title for determining com-
pliance 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 computer 
VerDate Mar 15 2010 
02:01 Jun 24, 2014
Jkt 039200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6203
E:\BILLS\H4007.RH
H4007
smartinez on DSK4TPTVN1PROD with BILLS
software, to assist small covered chemical facilities in devel-
oping their physical security. 
‘‘(b) REPORT.—The Secretary shall submit to the Com-
mittee on Homeland Security of the House of Representa-
tives and the Committee on Homeland Security and Gov-
ernmental Affairs of the Senate a report on best practices 
that may assist small chemical facilities, as defined by the 
Secretary, in development of physical security best prac-
tices. 
‘‘(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 INTER-
EST. 
‘‘Not later than 90 days after the date of the enactment 
of this title, the Secretary shall establish an outreach imple-
mentation plan, in coordination with the heads of other ap-
propriate Federal and State agencies and relevant business 
associations, to identify chemical facilities of interest and 
make available compliance assistance materials and infor-
mation on education and training. 
VerDate Mar 15 2010 
02:01 Jun 24, 2014
Jkt 039200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6203
E:\BILLS\H4007.RH
H4007
smartinez on DSK4TPTVN1PROD with BILLS
‘‘SEC. 2110. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There is authorized to be appropriated to carry out 
this title $87,436,000 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 Home-
land Security Act of 2002, as added by subsection (a), the 
Secretary of Homeland Security shall commission a third- 
party study to assess vulnerabilities to acts of terrorism as-
sociated with the Chemical Facility Anti-Terrorism Stand-
ards program, as authorized pursuant to section 550 of the 
Department of Homeland Security Appropriations Act, 
2007 (Public Law 109-295; 120 Stat. 1388; 6 U.S.C. 121 
note). 
(d) METRICS.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall submit to 
Congress a plan for the utilization of metrics to assess the 
VerDate Mar 15 2010 
02:01 Jun 24, 2014
Jkt 039200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6203
E:\BILLS\H4007.RH
H4007
smartinez on DSK4TPTVN1PROD with BILLS
effectiveness of the Chemical Facility Anti-Terrorism 
Standards program to reduce the risk of a terrorist attack 
or other security risk to those citizens and communities sur-
rounding covered chemical facilities. The plan shall include 
benchmarks on when the program will begin utilizing the 
metrics and how the Department of Homeland Security 
plans to use the information to inform the program. 
SEC. 3. EFFECTIVE DATE. 
This Act, and the amendments made by this Act, shall 
take effect on the date that is 30 days after the date of the 
enactment of this Act. 
VerDate Mar 15 2010 
02:01 Jun 24, 2014
Jkt 039200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6203
E:\BILLS\H4007.RH
H4007
smartinez on DSK4TPTVN1PROD with BILLS
Union Calendar No. 366 
113TH CONGRESS 
2D SESSION 
H. R. 4007 
[Report No. 113–491, Part I] 
A BILL 
To recodify and reauthorize the Chemical Facility 
Anti-Terrorism Standards Program. 
JUNE 23, 2014 
Reported from the Committee on Homeland Security 
with an amendment 
JUNE 23, 2014 
The Committee on Energy and Commerce discharged; 
committed to the Committee of the Whole House on 
the State of the Union and ordered to be printed 
VerDate Mar 15 2010 
02:01 Jun 24, 2014
Jkt 039200
PO 00000
Frm 00024
Fmt 6651
Sfmt 6651
E:\BILLS\H4007.RH
H4007
smartinez on DSK4TPTVN1PROD with BILLS