II 
Calendar No. 578 
113TH CONGRESS 
2D SESSION 
H. R. 4007 
[Report No. 113–263] 
IN THE SENATE OF THE UNITED STATES 
JULY 9, 2014 
Received; read twice and referred to the Committee on Homeland Security and 
Governmental Affairs 
SEPTEMBER 18, 2014 
Reported by Mr. CARPER, with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
AN ACT 
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) 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
FACIL-
ITY ANTI–TERRORISM STAND-
ARDS 
‘‘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 estab-
lish risk-based performance standards designed to protect 
covered chemical facilities and chemical facilities of inter-
est from acts of terrorism and other security risks and 
require such facilities to submit security vulnerability as-
sessments 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.— 
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‘‘(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). 
‘‘(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 title. In the case of a covered chemical facility 
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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 resub-
mission of the site security information solely by rea-
son of the enactment of this title. 
‘‘(4) CONSULTATION.—The Secretary may con-
sult with the Government Accountability Office to 
investigate 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 ref-
erence 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 deter-
mining compliance with this Act. The audit and 
inspection may be carried out by a non-Depart-
ment or nongovernment entity, as approved by 
the Secretary. 
‘‘(B) REPORTING STRUCTURE.—Any audit 
or inspection conducted by an individual em-
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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 non-
government entity shall report to the respective 
head of audits and inspections for the region in 
which the individual is operating. 
‘‘(C)
REQUIREMENTS
FOR
NONGOVERN-
MENT PERSONNEL.—If the Secretary arranges 
for an audit or inspection under subparagraph 
(A) to be carried out by a nongovernment enti-
ty, the Secretary shall require, as a condition of 
such arrangement, that any individual who con-
ducts the audit or inspection be a citizen of the 
United States and shall prescribe standards for 
the qualification of the individuals who carry 
out such audits and inspections that are com-
mensurate with the standards for a Government 
auditor or inspector. Such standards shall in-
clude— 
‘‘(i) minimum training requirements 
for new auditors or inspectors; 
‘‘(ii) retraining requirements; 
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‘‘(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 maintenance of a secret secu-
rity clearance; 
‘‘(vi) reporting any issue of non-com-
pliance with this section to the Secretary 
within 24 hours; and 
‘‘(vii) any additional qualifications for 
fitness of duty as the Secretary may estab-
lish. 
‘‘(D) TRAINING
OF
DEPARTMENT
AUDI-
TORS AND INSPECTORS.—The Secretary shall 
prescribe standards for the training and re-
training of individuals employed by the Depart-
ment as auditors and inspectors. Such stand-
ards shall include— 
‘‘(i) minimum training requirements 
for new auditors and inspectors; 
‘‘(ii) retraining requirements; and 
‘‘(iii) any additional requirements the 
Secretary may establish. 
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‘‘(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. 
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‘‘(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. 
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‘‘(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-
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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 
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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-
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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: 
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‘‘(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). 
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‘‘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 
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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. 
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‘‘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 
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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 
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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. 
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‘‘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 
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‘‘(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 
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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). 
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(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. 
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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‘‘(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.—A facility, in developing 
a site security plan as required under subsection (a), shall 
include security measures that, in combination, appro-
priately address the security vulnerability assessment and 
the risk-based performance standards for security for the fa-
cility. 
‘‘(c) APPROVAL OR DISAPPROVAL OF SITE SECURITY 
PLANS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) REVIEW.—Except as provided in 
paragraph (4), the Secretary shall review and 
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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-
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-
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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 
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 
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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.— 
‘‘(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 
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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) PROCESS.—In developing and 
issuing, or amending, the guidance for expe-
dited approval facilities under this subpara-
graph and in collecting information from 
expedited 
approval 
facilities, 
the 
Sec-
retary— 
‘‘(I) shall consult with— 
‘‘(aa) Sector Coordinating 
Councils established under sec-
tions 201 and 871(a); and 
‘‘(bb) appropriate labor orga-
nizations; and 
‘‘(II) shall not be subject to section 
553 of title 5, United States Code, the 
National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.), sub-
chapter I of chapter 35 of title 44, 
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United States Code, or 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; 
‘‘(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 
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‘‘(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, 
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 
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