IB 
Union Calendar No. 366 
113TH CONGRESS 
2D SESSION 
H. R. 4007 
[Report No. 113–491, Part I] 
To recodify and reauthorize the Chemical Facility Anti-Terrorism Standards 
Program. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 6, 2014 
Mr. MEEHAN (for himself, Mr. MCCAUL, Mr. KING of New York, Mr. GENE 
GREEN of Texas, Mrs. MILLER of Michigan, and Mr. ROGERS of Ala-
bama) introduced the following bill; which was referred to the Committee 
on Homeland Security, and in addition to the Committee on Energy and 
Commerce, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
JUNE 23, 2014 
Additional sponsors: Mr. MARINO, Mr. DAINES, Mr. PERRY, and Mr. VELA 
JUNE 23, 2014 
Reported from the Committee on Homeland Security with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
JUNE 23, 2014 
The Committee on Energy and Commerce discharged; committed to the Com-
mittee of the Whole House on the State of the Union and ordered to be 
printed 
[For text of introduced bill, see copy of bill as introduced on February 6, 2014] 
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A BILL 
To recodify and reauthorize the Chemical Facility Anti- 
Terrorism Standards Program. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Chemical Facility Anti- 
Terrorism Standards Program Authorization and Account-
ability Act of 2014’’. 
SEC. 2. CHEMICAL FACILITY ANTI-TERRORISM STANDARDS 
PROGRAM. 
(a) IN GENERAL.—The Homeland Security Act of 
2002 (6 U.S.C. 101 et seq.) is amended by adding at the 
end the following: 
‘‘TITLE XXI—CHEMICAL FACILITY 
ANTI–TERRORISM STANDARDS 
‘‘SEC. 2101. 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 establish 
risk-based performance standards designed to protect cov-
ered chemical facilities and chemical facilities of interest 
from acts of terrorism and other security risks and require 
such facilities to submit security vulnerability assessments 
and to develop and implement site security plans. 
‘‘(b) SECURITY MEASURES.—Site security plans re-
quired under subsection (a) may include layered security 
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measures that, in combination, appropriately address the 
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 vulnerability 
assessment and site security plan under subsection 
(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 established 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 requirements 
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 as-
sessment 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 resubmission of the 
site security information solely by reason of the enact-
ment of this title. 
‘‘(4) CONSULTATION.—The Secretary may con-
sult with the Government Accountability Office to in-
vestigate 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 reference 
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 determining 
compliance with this Act. The audit and inspec-
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tion may be carried out by a non-Department or 
nongovernment entity, as approved by the Sec-
retary. 
‘‘(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 nongovern-
ment entity shall report to the respective head of 
audits and inspections for the region in which 
the individual is operating. 
‘‘(C) REQUIREMENTS FOR NONGOVERNMENT 
PERSONNEL.—If the Secretary arranges for an 
audit or inspection under subparagraph (A) to 
be carried out by a nongovernment entity, the 
Secretary shall require, as a condition of such 
arrangement, that any individual who conducts 
the audit or inspection be a citizen of the United 
States and shall prescribe standards for the qual-
ification of the individuals who carry out such 
audits and inspections that are commensurate 
with the standards for a Government auditor or 
inspector. Such standards shall include— 
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‘‘(ii) retraining requirements; and 
‘‘(iii) any additional requirements the 
Secretary may establish. 
‘‘(2) NOTICE OF NONCOMPLIANCE.— 
‘‘(A) NOTICE.—If the Secretary determines 
that a covered chemical facility or a chemical fa-
cility 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 determina-
tion 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 noncompli-
ance after the date specified in such order, the 
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Secretary may enter an order assessing 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 oper-
ator of a covered chemical facility that vol-
untarily participates to submit information 
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 
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chemical facility, or its designated rep-
resentative, was inaccurate. 
‘‘(B) PERSONNEL
SURETY
IMPLEMENTA-
TION.—To the extent that a risk-based perform-
ance standard under subsection (a) is directed 
toward identifying individuals with terrorist 
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 Personnel 
Surety Program; or 
‘‘(II) has been identified as pre-
senting a terrorism security risk. 
‘‘(C) 
RESPONSIBILITIES
OF
SECURITY 
SCREENING COORDINATION OFFICE.— 
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‘‘(i) IN GENERAL.—The Secretary shall 
direct the Security Screening Coordination 
Office of the Department to coordinate with 
the National Protection and Programs Di-
rectorate to expedite the development of a 
common credential that screens against the 
terrorist screening database on a recurrent 
basis and meets all other screening require-
ments 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 facility 
to submit any information about an individual who 
has been granted access to the facility unless the indi-
vidual— 
‘‘(A) was vetted under the Personnel Surety 
Program; or 
‘‘(B) has been identified as presenting a ter-
rorism security risk. 
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‘‘(5) AVAILABILITY OF INFORMATION.—The Sec-
retary 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 relevant 
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 se-
curity risk of terrorism associated with a facility 
shall include— 
‘‘(i) the relevant threat information; 
‘‘(ii) 
the 
potential 
economic 
con-
sequences and the potential loss of human 
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