I 
113TH CONGRESS 
2D SESSION 
H. R. 4007 
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 
A BILL 
To recodify and reauthorize the Chemical Facility Anti- 
Terrorism Standards Program. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Chemical Facility Anti- 
Terrorism Standards Program Authorization and Ac-
countability Act of 2014’’. 
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SEC. 2. CHEMICAL FACILITY ANTI-TERRORISM STANDARDS 
PROGRAM. 
(a) PROGRAM ESTABLISHED.—There is in the De-
partment of Homeland Security a Chemical Facility Anti- 
Terrorism Standards Program. Under such Program, the 
Secretary of Homeland Security shall establish risk-based 
performance standards designed to protect covered chem-
ical facilities from acts of terrorism and require such fa-
cilities 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 
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 vulner-
ability assessment and site security plan under sub-
section (a). The Secretary may not disapprove a site 
security plan based on the presence or absence of a 
particular security measure, but the Secretary shall 
disapprove a site security plan if the plan fails to 
satisfy the risk-based performance standards estab-
lished under subsection (a). 
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(2) ALTERNATIVE SECURITY PROGRAMS.—The 
Secretary may approve an alternative security pro-
gram established by a private sector entity or a Fed-
eral, State, or local authority or pursuant to other 
applicable laws, if the Secretary determines that the 
requirements of such program meet the require-
ments of this section. A covered chemical facility 
may meet the site security plan requirement under 
subsection (a) by adopting an alternative security 
program that has been reviewed and approved by the 
Secretary under this paragraph. 
(3) SITE
SECURITY
PLAN
ASSESSMENTS.—In 
approving or disapproving a site security plan under 
this subsection, the Secretary shall employ the risk 
assessment policies and procedures developed under 
this Act. 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 Act, the Secretary may not require the resub-
mission of the site security information solely by rea-
son of the enactment of this Act. 
(d) COMPLIANCE.— 
(1) AUDITS AND INSPECTIONS.—The Secretary 
shall arrange for the audit and inspection of covered 
chemical facilities for the purpose of determining 
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compliance with this Act. Under any such arrange-
ment, the audit and inspection may be carried out 
by a non-Department or nongovernment entity, as 
approved by the Secretary. 
(2) NOTICE OF NONCOMPLIANCE.—If the Sec-
retary determines that a covered chemical facility is 
not in compliance with this section, the Secretary 
shall provide the owner or operator of the facility 
with written notification (including a clear expla-
nation of any deficiency in the security vulnerability 
assessment or site security plan) and opportunity for 
consultation with the Secretary or the Secretary’s 
designee, and shall issue an order to comply by such 
date as the Secretary determines to be appropriate 
under the circumstances. If the owner or operator 
continues to be in noncompliance after the date 
specified in such order, the Secretary may enter an 
order assessing a civil penalty, an order to cease op-
erations, or both. 
(3) PERSONNEL SURETY.—To satisfy the re-
quirements of a risk-based performance standard 
that addresses personnel surety by identifying indi-
viduals with terrorist ties, a covered chemical facility 
may utilize any Federal screening program that pe-
riodically vets individuals against the terrorist 
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screening database, or any successor, including the 
Department of Homeland Security Personnel Surety 
Program. 
(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 Department of 
Homeland Security Personnel Surety Program; 
or 
(B) has been identified as presenting a ter-
rorism security risk. 
(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 Act, the Secretary shall 
consult with the heads of other Federal agencies, 
States and political subdivisions thereof, and rel-
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evant business associations to identify all chemical 
facilities of interest. 
(2) RISK ASSESSMENT.— 
(A) IN GENERAL.—For purposes of this 
Act, 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 threat to the facility based 
upon available intelligence; 
(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; and 
(iii) the vulnerability of the facility to 
a terrorist attack. 
(f) COVERED CHEMICAL FACILITY.—In this Act, the 
term ‘‘covered chemical facility’’ means a chemical facility 
that the Secretary designates as a chemical facility of in-
terest under subsection (e)(1) and determines presents a 
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high level of security risk. Such term does not include any 
of the following: 
(1) A facility regulated pursuant to the Mari-
time Transportation Security Act of 2002 (Public 
Law 107–295). 
(2) A Public Water System, as such term is de-
fined by section 1401 of the Safe Drinking Water 
Act (Public Law 93–523; 42 U.S.C. 300f). 
(3) A Treatment Works, as such term is de-
fined in section 212 of the Federal Water Pollution 
Control Act (Public Law 92–500; 33 U.S.C. 12920). 
(4) Any facility owned or operated by the De-
partment of Defense or the Department of Energy. 
(5) Any facility subject to regulation by the Nu-
clear Regulatory Commission. 
SEC. 3. PROTECTION OF INFORMATION. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, information developed pursuant to this Act, 
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. 
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(b) SHARING OF INFORMATION WITH STATES AND 
LOCAL GOVERNMENTS.—This section does not prohibit 
the sharing of information developed pursuant to this Act, 
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 Act, if 
such information may not be disclosed pursuant to any 
State or local law. 
(c) 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. 4. CIVIL PENALTIES. 
(a) VIOLATIONS.—Any person who violates an order 
issued under this Act shall be liable for a civil penalty 
under section 70119(a) of title 46, United States Code. 
(b) RIGHT OF ACTION.—Nothing in this Act 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 Act. 
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SEC. 5. RELATIONSHIP TO OTHER LAWS. 
(a) OTHER FEDERAL LAWS.—Nothing in this Act 
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 
Act 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. 
SEC. 6. REPORTS. 
(a) REPORT
TO CONGRESS.—Not later than 18 
months after the date of the enactment of this Act, 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 2(e)(1), including a description of the 
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steps taken to achieve such progress and the metrics 
used to measure it. 
(2) Certification by the Secretary that the Sec-
retary has developed a risk assessment approach and 
corresponding tiering methodology pursuant to sec-
tion 2(e)(2). 
(3) An assessment by the Secretary of the im-
plementation by the Department of Homeland Secu-
rity of any recommendations made by the Homeland 
Security Studies and Analysis Institute as outlined 
in the Institute’s Tiering Methodology Peer Review 
(Publication Number: RP12–22–02). 
(b) SEMIANNUAL GAO REPORT.—During the 2-year 
period beginning on the date of the enactment of this Act, 
the Comptroller General of the United States shall submit 
a semiannual report to Congress containing the assess-
ment of the Comptroller General of the implementation 
of this Act. 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 Act. 
SEC. 7. TERMINATION. 
The authority under this Act shall terminate on the 
date that is 2 years after the date of the enactment of 
this Act. 
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SEC. 8. EFFECTIVE DATE. 
This Act shall take effect on the date that is 30 days 
after the date of the enactment of this Act. 
SEC. 9. USE OF EXISTING REGULATIONS. 
(a) IN GENERAL.—In carrying out the requirements 
of this Act, the Secretary may, to the extent that the Sec-
retary determines is appropriate, use any of the CFATS 
regulations, as in effect immediately before the date of the 
enactment of this Act, that the Secretary determines carry 
out such requirements. 
(b) CFATS REGULATIONS.—In this section, the term 
‘‘CFATS regulations’’ means the regulations prescribed 
pursuant to section 550 of the Department of Homeland 
Security Appropriations Act (Public Law 109–295; 120 
Stat. 1388; 6 U.S.C. 121 note). 
Æ 
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