In the Senate of the United States, 
December 10, 2014. 
Resolved, That the bill from the House of Representa-
tives (H.R. 4007) entitled ‘‘An Act to recodify and reauthor-
ize the Chemical Facility Anti-Terrorism Standards Pro-
gram.’’, do pass with the following 
AMENDMENT: 
In lieu of the matter proposed to be inserted, insert 
the following: 
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:
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‘‘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 rea-
sonable basis to believe holds, a chemical of inter-
est, as designated under Appendix A to part 27 
of title 6, Code of Federal Regulations, or any 
successor thereto, at a threshold quantity set pur-
suant to relevant risk-related security principles; 
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
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‘‘(ii) based upon review of the facility’s 
Top-Screen, determines meets the risk cri-
teria developed under section 2102(e)(2)(B); 
and 
‘‘(B) is not an excluded facility; 
‘‘(4) the term ‘excluded facility’ means— 
‘‘(A) a facility regulated under the Mari-
time Transportation Security Act of 2002 (Pub-
lic 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 de-
fined in section 212 of the Federal Water Pollu-
tion Control Act (33 U.S.C. 1292); 
‘‘(D) a facility owned or operated by the 
Department of Defense or the Department of En-
ergy; or 
‘‘(E) a facility subject to regulation by the 
Nuclear Regulatory Commission, or by a State 
that has entered into an agreement with the Nu-
clear Regulatory Commission under section 274 
b. of the Atomic Energy Act of 1954 (42 U.S.C. 
2021(b)) to protect against unauthorized access
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of any material, activity, or structure licensed by 
the Nuclear Regulatory Commission; 
‘‘(5) the term ‘existing CFATS regulation’ 
means— 
‘‘(A) a regulation promulgated under sec-
tion 550 of the Department of Homeland Secu-
rity 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 Pro-
tecting and Securing Chemical Facilities from 
Terrorist Attacks Act of 2014; and 
‘‘(B) a Federal Register notice or other pub-
lished guidance relating to section 550 of the De-
partment 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 op-
erator elects to submit a site security plan in accord-
ance 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 certification that the security
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measures in the plan address the security vulner-
ability assessment and the risk-based performance 
standards for security for the facility, based on a re-
view of— 
‘‘(A) the facility’s site security plan; 
‘‘(B) the facility’s Top-Screen; 
‘‘(C) the facility’s security vulnerability as-
sessment; or 
‘‘(D) any other information that— 
‘‘(i) the facility submits to the Depart-
ment; 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 Sec-
retary’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 Government 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 Reg-
ulations, or any successor thereto; 
‘‘(12) the terms ‘tiering’ and ‘tiering method-
ology’ mean the procedure by which the Secretary as-
signs 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 identification of weaknesses in the security of a 
chemical facility of interest. 
‘‘SEC. 2102. CHEMICAL FACILITY ANTI-TERRORISM STAND-
ARDS PROGRAM. 
‘‘(a) PROGRAM ESTABLISHED.— 
‘‘(1) IN GENERAL.—There is in the Department 
a Chemical Facility Anti-Terrorism Standards Pro-
gram. 
‘‘(2) REQUIREMENTS.—In carrying out the 
Chemical Facility Anti-Terrorism Standards Pro-
gram, the Secretary shall— 
‘‘(A) identify— 
‘‘(i) chemical facilities of interest; and 
‘‘(ii) covered chemical facilities;
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‘‘(B) require each chemical facility of inter-
est to submit a Top-Screen and any other infor-
mation the Secretary determines necessary to en-
able the Department to assess the security risks 
associated with the facility; 
‘‘(C) establish risk-based performance stand-
ards 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 as-
sessment; 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 security vulnerability as-
sessment and the risk-based performance standards 
for security for the facility. 
‘‘(2) EMPLOYEE INPUT.—To the greatest extent 
practicable, a facility’s security vulnerability assess-
ment and site security plan shall include input from 
at least 1 facility employee and, where applicable, 1
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employee representative from the bargaining agent at 
that facility, each of whom possesses, in the deter-
mination of the facility’s security officer, relevant 
knowledge, experience, training, or education as per-
tains 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 Sec-
retary— 
‘‘(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 standards 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 es-
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tablished 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
MEAS-
URES.—If the requirements of an alter-
native security program do not meet the re-
quirements under this section, the Secretary 
may recommend additional security meas-
ures to the program that will enable the 
Secretary to approve the program. 
‘‘(B) SATISFACTION
OF
SITE
SECURITY 
PLAN REQUIREMENT.—A covered chemical facil-
ity may satisfy the site security plan require-
ment under subsection (a) by adopting an alter-
native security program that the Secretary has— 
‘‘(i) reviewed and approved under sub-
paragraph (A); and 
‘‘(ii) determined to be appropriate for 
the operations and security concerns of the 
covered chemical facility. 
‘‘(3) SITE SECURITY PLAN ASSESSMENTS.— 
‘‘(A) RISK ASSESSMENT POLICIES AND PRO-
CEDURES.—In approving or disapproving a site
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security plan under this subsection, the Sec-
retary shall employ the risk assessment 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 be-
fore the date of enactment of the Protecting and 
Securing Chemical Facilities from Terrorist At-
tacks 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 fa-
cility assigned to tier 3 or 4 may meet the re-
quirement 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 cer-
tification described in subparagraph (C); or 
‘‘(ii) a site security plan in conform-
ance with a template authorized under sub-
paragraph (H). 
‘‘(B) GUIDANCE FOR EXPEDITED APPROVAL 
FACILITIES.—
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‘‘(i) IN GENERAL.—Not later than 180 
days after the date of enactment of the Pro-
tecting and Securing Chemical Facilities 
from Terrorist Attacks Act of 2014, the Sec-
retary shall issue guidance for expedited ap-
proval facilities that identifies specific secu-
rity measures that are sufficient to meet the 
risk-based performance standards. 
‘‘(ii) 
MATERIAL
DEVIATION
FROM 
GUIDANCE.—If a security measure in the 
site security plan of an expedited approval 
facility materially deviates from a security 
measure in the guidance for expedited ap-
proval facilities, the site security plan shall 
include an explanation of how such security 
measure meets the risk-based performance 
standards. 
‘‘(iii) APPLICABILITY OF OTHER LAWS 
TO DEVELOPMENT AND ISSUANCE OF INI-
TIAL GUIDANCE.—During the period before 
the Secretary has met the deadline under 
clause (i), in developing and issuing, or 
amending, the guidance for expedited ap-
proval facilities under this subparagraph 
and in collecting information from expe-
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dited 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 oper-
ator of an expedited approval facility shall sub-
mit to the Secretary a certification, 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 secu-
rity 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;
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‘‘(II) any deviations from the guidance 
for expedited approval facilities in the site 
security plan meet the risk-based perform-
ance standards for the tier to which the fa-
cility is assigned; and 
‘‘(III) the owner or operator has pro-
vided an explanation of how the site secu-
rity plan meets the risk-based performance 
standards for any material deviation; 
‘‘(iv) the owner or operator has visited, 
examined, documented, and verified that the 
expedited approval facility meets the cri-
teria set forth in the site security plan; 
‘‘(v) the expedited approval facility has 
implemented all of the required performance 
measures outlined in the site security plan 
or set out planned measures that will be im-
plemented 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 rel-
evant to the individual’s responsibility con-
tained in the site security plan and has
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demonstrated competency to carry out those 
requirements; 
‘‘(vii) the owner or operator has com-
mitted, or, in the case of planned measures 
will commit, the necessary 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 ap-
proval 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 fa-
cility that was assigned to tier 3 or 4 
under existing CFATS regulations be-
fore the date of enactment of the Pro-
tecting and Securing Chemical Facili-
ties from Terrorist Attacks Act of 2014,
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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 as-
signed to tier 3 or 4 under sub-
section (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 expedited approval facility shall no-
tify 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 certification described in subpara-
graph (C). 
‘‘(E) COMPLIANCE.—
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‘‘(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 facil-
ity shall comply with all of the re-
quirements of its site security plan; 
and 
‘‘(II) the Secretary— 
‘‘(aa) except as provided in 
subparagraph (G), may not dis-
approve 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 Sec-
retary determines an expedited approval fa-
cility is not in compliance with the require-
ments of the site security plan or is other-
wise 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 cer-
tification relating to the amended site 
security plan that contains the infor-
mation described in subparagraph (C). 
‘‘(II) TECHNICAL AMENDMENTS.— 
For purposes of this clause, an amend-
ment to a site security plan includes 
any technical amendment to the site 
security plan. 
‘‘(ii) 
AMENDMENT
REQUIRED.—The 
owner or operator of an expedited approval 
facility shall amend the site security plan 
if— 
‘‘(I) there is a change in the de-
sign, construction, operation, or main-
tenance of the expedited approval facil-
ity that affects the site security plan;
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‘‘(II) the Secretary requires addi-
tional security measures or suspends a 
certification and recommends addi-
tional security measures under sub-
paragraph (G); or 
‘‘(III) the owner or operator re-
ceives notice from the Secretary of a 
change in tiering under subsection 
(e)(3). 
‘‘(iii) DEADLINE.—An amended site 
security plan and certification shall be sub-
mitted under clause (i)— 
‘‘(I) in the case of a change in de-
sign, construction, operation, or main-
tenance of the expedited approval facil-
ity that affects the security plan, not 
later than 120 days after the date on 
which the change in design, construc-
tion, operation, or maintenance oc-
curred; 
‘‘(II) in the case of the Secretary 
requiring additional security measures 
or suspending a certification and rec-
ommending additional security meas-
ures under subparagraph (G), not later
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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 certifi-
cation and recommendation of addi-
tional 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 oper-
ator 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 secu-
rity plan is facially deficient; and 
‘‘(II) not later than 100 days 
after the date on which the Secretary 
receives the site security plan and cer-
tification, provides the covered chem-
† HR 4007 EAS 
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
MEAS-
URES.— 
‘‘(I) IN GENERAL.—If, during or 
after a compliance inspection of an ex-
pedited approval facility, the Secretary 
determines that planned or imple-
mented security measures in the site 
security plan of the facility are insuffi-
cient to meet the risk-based perform-
ance standards based on misrepresen-
tation, omission, or an inadequate de-
scription of the site, the Secretary 
may— 
‘‘(aa) require additional se-
curity measures; or 
‘‘(bb) suspend the certifi-
cation of the facility. 
‘‘(II) RECOMMENDATION OF ADDI-
TIONAL SECURITY MEASURES.—If the 
Secretary suspends the certification of
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an expedited approval facility under 
subclause (I), the Secretary shall— 
‘‘(aa) recommend specific ad-
ditional security 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 deter-
mines to submit a new or modified site 
security plan and certification as au-
thorized under subclause (II)(bb)— 
‘‘(aa) not later than 90 days 
after the date on which the facil-
ity 
receives 
recommendations 
under subclause (II)(aa), the facil-
ity shall submit the new or modi-
fied plan and certification; and
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‘‘(bb) not later than 45 days 
after the date on which the Sec-
retary receives the new or modi-
fied plan under item (aa), the 
Secretary shall review the plan 
and determine whether the plan is 
facially deficient. 
‘‘(IV) DETERMINATION NOT TO IN-
CLUDE
ADDITIONAL
SECURITY
MEAS-
URES.— 
‘‘(aa) REVOCATION OF CER-
TIFICATION.—If an expedited ap-
proval facility does not agree to 
include in its site security plan 
specific additional security meas-
ures recommended by the Sec-
retary under subclause (II)(aa), 
or does not submit a new or modi-
fied site security plan in accord-
ance with subclause (III), the Sec-
retary may revoke the certifi-
cation of the facility by issuing 
an 
order 
under 
section 
2104(a)(1)(B).
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‘‘(bb) EFFECT
OF
REVOCA-
TION.—If the Secretary 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 re-
quire the owner or operator 
of the facility to submit a 
site security plan or alter-
native security program for 
review by the Secretary re-
view 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 defi-
cient—
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‘‘(aa) not later than 120 
days after the date of the deter-
mination, the owner or operator 
of the facility shall submit a site 
security plan or alternative secu-
rity 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 tem-
plates 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 DEVELOPMENT AND ISSUANCE OF INI-
TIAL SITE SECURITY PLAN TEMPLATES AND 
RELATED
GUIDANCE.—During the period
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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 Sec-
retary 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.—Noth-
ing 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 Facili-
ties from Terrorist Attacks Act of 2014, the 
Secretary shall take any appropriate action 
necessary for a full evaluation of the expe-
† HR 4007 EAS 
dited approval program authorized under 
this paragraph, including conducting an 
appropriate number of inspections, as au-
thorized 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 Facili-
ties from Terrorist Attacks Act of 2014, the 
Secretary shall submit to the Committee on 
Homeland Security and Governmental Af-
fairs of the Senate and the Committee on 
Homeland Security and the Committee on 
Energy and Commerce of the House of Rep-
resentatives a report that contains— 
‘‘(I)(aa) the number of eligible fa-
cilities using the expedited approval 
program authorized under this para-
graph; 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);
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‘‘(II) any costs and efficiencies as-
sociated with the expedited approval 
program; 
‘‘(III) the impact of the expedited 
approval program on the backlog for 
site security plan approval and au-
thorization inspections; 
‘‘(IV) an assessment of the ability 
of expedited approval facilities to sub-
mit facially sufficient site security 
plans; 
‘‘(V) an assessment of any impact 
of the expedited approval program on 
the security of chemical facilities; and 
‘‘(VI) a recommendation by the 
Secretary on the frequency of compli-
ance 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
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‘‘(II) with respect to an entity, 
means an entity that is not a compo-
nent or other authority of the Depart-
ment; 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 
INSPECTIONS.—The Secretary shall conduct au-
dits or inspections under this title using— 
‘‘(i) employees of the Department; 
‘‘(ii) nondepartmental or nongovern-
mental personnel approved by the Sec-
retary; or 
‘‘(iii) a combination of individuals de-
scribed in clauses (i) and (ii). 
‘‘(C) SUPPORT PERSONNEL.—The Secretary 
may use nongovernmental personnel to provide 
administrative and logistical services in support 
of audits and inspections under this title.
† HR 4007 EAS 
‘‘(D) REPORTING STRUCTURE.— 
‘‘(i) NONDEPARTMENTAL
AND
NON-
GOVERNMENTAL
AUDITS
AND
INSPEC-
TIONS.—Any audit or inspection conducted 
by an individual employed by a nondepart-
mental or nongovernmental entity shall be 
assigned in coordination with a regional 
supervisor with responsibility for super-
vising inspectors within the Infrastructure 
Security Compliance Division of the De-
partment for the region in which the audit 
or inspection is to be conducted. 
‘‘(ii) REQUIREMENT
TO
REPORT.— 
While an individual employed by a non-
departmental or nongovernmental entity is 
in the field conducting an audit or inspec-
tion under this subsection, the individual 
shall report to the regional supervisor with 
responsibility for supervising inspectors 
within the Infrastructure Security Compli-
ance Division of the Department for the re-
gion in which the individual is operating. 
‘‘(iii) APPROVAL.—The authority to 
approve a site security plan under sub-
section (c) or determine if a covered chem-
† HR 4007 EAS 
ical facility is in compliance with an ap-
proved site security plan shall be exercised 
solely by the Secretary or a designee of the 
Secretary within the Department. 
‘‘(E) STANDARDS FOR AUDITORS AND IN-
SPECTORS.—The Secretary shall prescribe stand-
ards for the training and retraining of each in-
dividual used by the Department as an auditor 
or inspector, including each individual employed 
by the Department and all nondepartmental or 
nongovernmental personnel, including— 
‘‘(i) minimum training requirements 
for new auditors and 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 proper certification or certifi-
cations necessary to handle chemical-ter-
rorism vulnerability information (as de-
fined in section 27.105 of title 6, Code of
† HR 4007 EAS 
Federal Regulations, or any successor there-
to); 
‘‘(vi) the reporting of any issue of non- 
compliance with this section to the Sec-
retary within 24 hours; and 
‘‘(vii) any additional qualifications for 
fitness of duty as the Secretary may re-
quire. 
‘‘(F) CONDITIONS FOR NONGOVERNMENTAL 
AUDITORS
AND
INSPECTORS.—If the Secretary 
arranges for an audit or inspection under sub-
paragraph (B) to be carried out by a nongovern-
mental entity, the Secretary shall— 
‘‘(i) prescribe standards for the quali-
fication of the individuals who carry out 
such audits and inspections that are com-
mensurate with the standards for similar 
Government auditors or inspectors; and 
‘‘(ii) ensure that any duties carried out 
by a nongovernmental entity are not inher-
ently governmental functions. 
‘‘(2) PERSONNEL SURETY.— 
‘‘(A) PERSONNEL SURETY PROGRAM.—For 
purposes of this title, the Secretary shall estab-
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lish and carry out a Personnel Surety Program 
that— 
‘‘(i) does not require an owner or oper-
ator of a covered chemical facility that vol-
untarily participates in the program to 
submit information about an individual 
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 facil-
ity to be in compliance with regulations 
promulgated under this title; and 
‘‘(iii) provides redress to an indi-
vidual— 
‘‘(I) whose information was vetted 
against the terrorist screening database 
under the program; and 
‘‘(II) who believes that the person-
ally identifiable information submitted 
to the Department for such vetting by 
a covered chemical facility, or its des-
ignated representative, was inaccurate.
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umentation 
from 
a 
Federal 
screening program described in 
subclause (I) is current; 
‘‘(ii) visual inspection shall be suffi-
cient 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 in-
formation about an individual unless the 
individual— 
‘‘(I) is to be vetted under the Per-
sonnel Surety Program; or 
‘‘(II) has been identified as pre-
senting a terrorism 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 nego-
tiate as to how the results of a background
† HR 4007 EAS 
check may be used by the facility with re-
spect to employment status. 
‘‘(3) AVAILABILITY OF INFORMATION.—The Sec-
retary 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 Sec-
retary shall consult with the heads of other Federal 
agencies, States and political subdivisions thereof, rel-
evant 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 Secretary shall develop a security risk 
assessment approach and corresponding tiering 
methodology for covered chemical facilities that 
incorporates the relevant elements of risk, includ-
ing threat, vulnerability, and consequence. 
‘‘(B) CRITERIA
FOR
DETERMINING
SECU-
RITY RISK.—The criteria for determining the se-
curity risk of terrorism associated with a covered 
chemical facility shall take into account—
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‘‘(i) relevant threat information; 
‘‘(ii) potential severe economic con-
sequences and the potential loss of human 
life in the event of the facility being subject 
to attack, compromise, infiltration, or ex-
ploitation by terrorists; and 
‘‘(iii) vulnerability of the facility to at-
tack, compromise, infiltration, or exploi-
tation by terrorists. 
‘‘(3) CHANGES IN TIERING.— 
‘‘(A) MAINTENANCE
OF
RECORDS.—The 
Secretary shall document the basis for each in-
stance in which— 
‘‘(i) tiering for a covered chemical fa-
cility is changed; or 
‘‘(ii) a covered chemical facility is de-
termined to no longer be subject to the re-
quirements 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 de-
scribed in subparagraph (A).
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‘‘(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 of 2014, and not less fre-
quently than once every 6 months thereafter, the Sec-
retary shall submit to the Committee on Homeland 
Security and Governmental Affairs of the Senate and 
the Committee on Homeland Security and the Com-
mittee on Energy and Commerce of the House of Rep-
resentatives a report that includes, for the period cov-
ered by the report— 
‘‘(A) the number of covered chemical facili-
ties in the United States; 
‘‘(B) information— 
‘‘(i) describing— 
‘‘(I) the number of instances in 
which the Secretary— 
‘‘(aa) placed a covered chem-
ical facility in a lower risk tier; 
or 
‘‘(bb) determined that a facil-
ity that had previously met the 
criteria for a covered chemical fa-
cility under section 2101(3) no 
longer met the criteria; and
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‘‘(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 infor-
mation does not identify any specific facil-
ity or company as the source of the infor-
mation when viewed alone or in combina-
tion with other public information; 
‘‘(C) the average number of days spent re-
viewing site security or an alternative security 
program for a covered chemical facility prior to 
approval; 
‘‘(D) the number of covered chemical facili-
ties inspected; 
‘‘(E) the average number of covered chem-
ical facilities inspected per inspector; and 
‘‘(F) any other information that the Sec-
retary determines will be helpful to Congress in 
evaluating the performance of the Chemical Fa-
cility Anti-Terrorism Standards Program. 
‘‘SEC. 2103. PROTECTION AND SHARING OF INFORMATION. 
‘‘(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, information developed under this title, includ-
ing vulnerability assessments, site security plans, and other
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security related information, 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 prohibit 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 pur-
pose 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 RE-
SPONDERS.— 
‘‘(1) REQUIREMENT.—The Secretary shall pro-
vide 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 deter-
mines appropriate, such information as is necessary 
to help ensure that first responders are properly pre-
pared and provided with the situational awareness 
needed to respond to security incidents at covered 
chemical facilities.
† HR 4007 EAS 
‘‘(2) DISSEMINATION.—The Secretary shall dis-
seminate information under paragraph (1) through a 
medium or system determined by the Secretary to be 
appropriate to ensure the secure and expeditious dis-
semination of such information to necessary selected 
individuals. 
‘‘(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 title, and related vul-
nerability or security information, shall be treated as if the 
information were classified information. 
‘‘(e) 
AVAILABILITY
OF
INFORMATION.—Notwith-
standing 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 pro-
tected 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 Sec-
retary from disclosing information developed under this 
title to a Member of Congress in response to a request by 
a Member of Congress.
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Secretary may enter an order in accordance with this 
section assessing a civil penalty, an order to cease op-
erations, 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 in-
terest who fails to comply with, or knowingly submits 
false information under, this title or the CFATS regu-
lations shall be liable for a civil penalty under section 
70119(a) of title 46, United States Code. 
‘‘(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 vio-
lation 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 prac-
ticable, on steps to mitigate the risk; and
† HR 4007 EAS 
‘‘(B) may order the facility, without notice 
or opportunity for a hearing, effective imme-
diately or as soon as practicable, to— 
‘‘(i) implement appropriate emergency 
security measures; or 
‘‘(ii) cease or reduce some or all oper-
ations, in accordance with safe shutdown 
procedures, if the Secretary determines that 
such a cessation or reduction of operations 
is the most appropriate means to address 
the risk. 
‘‘(2) LIMITATION
ON
DELEGATION.—The Sec-
retary may not delegate the authority under para-
graph (1) to any official other than the Under Sec-
retary responsible for overseeing critical infrastruc-
ture protection, cybersecurity, and other related pro-
grams of the Department appointed under section 
103(a)(1)(H). 
‘‘(3) LIMITATION ON AUTHORITY.—The Secretary 
may exercise 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 OP-
ERATOR.—
† HR 4007 EAS 
‘‘(A) WRITTEN ORDERS.—An order issued 
by the Secretary 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 pro-
cedures for obtaining relief from the order. 
‘‘(B) OPPORTUNITY
FOR
REVIEW.—After 
issuing an order under paragraph (1) with re-
spect to a chemical facility of interest, the Sec-
retary 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 pe-
riod unless the Secretary determines, in writing,
† HR 4007 EAS 
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. 
‘‘SEC. 2105. WHISTLEBLOWER PROTECTIONS. 
‘‘(a) PROCEDURE FOR REPORTING PROBLEMS.— 
‘‘(1) ESTABLISHMENT OF A REPORTING PROCE-
DURE.—Not later than 180 days after the date of en-
actment of the Protecting and Securing Chemical Fa-
cilities from Terrorist Attacks Act of 2014, the Sec-
retary shall establish, and provide information to the 
public regarding, a procedure under which any em-
ployee or contractor of a chemical facility of interest 
may submit a report to the Secretary regarding a vio-
lation of a requirement under this title. 
‘‘(2) CONFIDENTIALITY.—The Secretary shall 
keep confidential the identity of an individual who 
submits a report under paragraph (1) and any such 
report shall be treated as a record containing pro-
tected information to the extent that the report does 
not consist of publicly available information. 
‘‘(3) ACKNOWLEDGMENT OF RECEIPT.—If a re-
port submitted under paragraph (1) identifies the in-
† HR 4007 EAS 
dividual 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 Sec-
retary— 
‘‘(A) shall review and consider the informa-
tion provided in any report submitted under 
paragraph (1); and 
‘‘(B) may take action under section 2104 of 
this title if necessary to address any substan-
tiated violation of a requirement under this title 
identified in the report. 
‘‘(5) DUE PROCESS FOR FACILITY OWNER OR OP-
ERATOR.— 
‘‘(A) IN GENERAL.—If, upon the review de-
scribed in paragraph (4), the Secretary deter-
mines 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 deter-
mination under section 2104(c), issue an 
emergency order.
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‘‘(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 pro-
cedures 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 peti-
tion 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 completed by the 
end of the 30-day period beginning on the date 
the petition is filed, the action shall cease to be 
effective at the end of such period unless the Sec-
retary determines, in writing, that the violation 
providing a basis for the action continues to 
exist. 
‘‘(6) RETALIATION PROHIBITED.—
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‘‘(A) IN GENERAL.—An owner or operator 
of a chemical facility of interest or agent thereof 
may not discharge an employee or otherwise dis-
criminate against an employee with respect to 
the compensation provided to, or terms, condi-
tions, or privileges of the employment of, the em-
ployee 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, fictitious, or fraudulent statement 
or representation; or 
‘‘(ii) uses any false writing or docu-
ment knowing the writing or document con-
tains 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 disclosure— 
‘‘(1) protected or authorized under section 
2302(b)(8) or 7211 of title 5, United States Code;
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‘‘(2) protected under any other Federal or State 
law that shields the disclosing individual against re-
taliation or discrimination for having made the dis-
closure in the public interest; or 
‘‘(3) to the Special Counsel of an agency, the in-
spector general of an agency, or any other employee 
designated by the head of an agency to receive disclo-
sures similar to the disclosures described in para-
graphs (1) and (2). 
‘‘(c) PUBLICATION
OF RIGHTS.—The Secretary, in 
partnership with industry associations and labor organiza-
tions, shall make publicly available both physically and on-
line the rights that an individual who discloses information, 
including security-sensitive information, regarding prob-
lems, 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 accordance with section 2103. 
‘‘SEC. 2106. 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—
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‘‘(1) regulates (including by requiring informa-
tion to be submitted or made available) the manufac-
ture, 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 facil-
ity 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 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. 
‘‘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 regula-
tions to implement the provisions under this title. 
‘‘(b) EXISTING CFATS REGULATIONS.—
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‘‘(1) IN GENERAL.—Notwithstanding section 4(b) 
of the Protecting 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 regula-
tion. 
‘‘(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 duplica-
tive 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 cov-
ered chemical facility’ means a covered chemical facility 
that— 
‘‘(1) has fewer than 100 employees employed at 
the covered chemical facility; and
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‘‘(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 fa-
cilities in developing the physical security, cybersecurity, 
recordkeeping, and reporting procedures required under this 
title. 
‘‘(c) REPORT.—The Secretary shall submit to the Com-
mittee 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 INTER-
EST. 
‘‘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 implementation plan, in coordination with the 
heads of other appropriate Federal and State agencies, rel-
evant business associations, and public and private labor 
organizations, to—
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‘‘(1) identify chemical facilities of interest; and 
‘‘(2) make available compliance assistance mate-
rials 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: 
‘‘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 Se-
curity 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;