‘‘(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 
‘‘(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 of the 
House of Representatives a report on best practices that 
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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— 
‘‘(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— 
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(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; 
(2) the term ‘‘Department’’ means the Depart-
ment of Homeland Security; and 
(3) the term ‘‘Secretary’’ means the Secretary of 
Homeland Security. 
(b) THIRD-PARTY ASSESSMENT.—Using amounts ap-
propriated to the Department before the date of enactment 
of this Act, the Secretary shall commission a third-party 
study to assess vulnerabilities of covered chemical facilities, 
as defined in section 2101 of the Homeland Security Act 
of 2002 (as added by section 2), to acts of terrorism. 
(c) REPORTS.— 
(1) REPORT TO CONGRESS.—Not later than 18 
months after the date of enactment of this Act, the 
Secretary shall submit to the Committee on Home-
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land Security and Governmental Affairs of the Senate 
and the Committee on Homeland Security of the 
House of Representatives a report on the Chemical 
Facility Anti-Terrorism Standards Program that in-
cludes— 
(A) a certification by the Secretary that the 
Secretary has made significant progress in the 
identification of all chemical facilities of interest 
under section 2102(e)(1) of the Homeland Secu-
rity Act of 2002, as added by section 2, includ-
ing— 
(i) a description of the steps taken to 
achieve that progress and the metrics used 
to measure the progress; 
(ii) information on whether facilities 
that submitted Top-Screens as a result of 
the identification of chemical facilities of 
interest were tiered and in what tiers those 
facilities were placed; and 
(iii) an action plan to better identify 
chemical facilities of interest and bring 
those facilities into compliance with title 
XXI of the Homeland Security Act of 2002, 
as added by section 2; 
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(B) a certification by the Secretary that the 
Secretary has developed a risk assessment ap-
proach and corresponding tiering methodology 
under section 2102(e)(2) of the Homeland Secu-
rity Act of 2002, as added by section 2; 
(C) an assessment by the Secretary of the 
implementation by the Department of the rec-
ommendations made by the Homeland Security 
Studies and Analysis Institute as outlined in the 
Institute’s Tiering Methodology Peer Review 
(Publication Number: RP12–22–02); and 
(D) a description of best practices that may 
assist small covered chemical facilities, as de-
fined in section 2108(a) of the Homeland Secu-
rity Act of 2002, as added by section 2, in the 
development of physical security best practices. 
(2) ANNUAL GAO REPORT.— 
(A) IN GENERAL.—During the 3-year pe-
riod beginning on the date of enactment of this 
Act, the Comptroller General of the United 
States shall submit to Congress an annual report 
that assesses the implementation of this Act and 
the amendments made by this Act. 
(B) INITIAL REPORT.—Not later than 180 
days after the date of enactment of this Act, the 
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Comptroller General shall submit to Congress the 
first report under subparagraph (A). 
(C) SECOND
ANNUAL
REPORT.—Not later 
than one year from the date of the initial report 
required under subparagraph (B), the Comp-
troller General shall submit to Congress the sec-
ond report under subparagraph (A), which shall 
include an assessment of the whistleblower pro-
tections provided under section 2105 of the 
Homeland Security Act of 2002, as added by sec-
tion 2, and— 
(i) describes the number and type of 
problems, deficiencies, and vulnerabilities 
with respect to which reports have been sub-
mitted under such section 2105; 
(ii) evaluates the efforts of the Sec-
retary in addressing the problems, defi-
ciencies, and vulnerabilities described in 
subsection (a)(1) of such section 2105; and 
(iii) evaluates the efforts of the Sec-
retary to inform individuals of their rights, 
as required under subsection (c) of such sec-
tion 2105. 
(D) THIRD
ANNUAL
REPORT.—Not later 
than 1 year after the date on which the Comp-
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troller General submits the second report re-
quired under subparagraph (A), the Comptroller 
General shall submit to Congress the third report 
under subparagraph (A), which shall include an 
assessment of— 
(i) the expedited approval program au-
thorized under section 2102(c)(4) of the 
Homeland Security Act of 2002, as added 
by section 2; and 
(ii) the report on the expedited ap-
proval program submitted by the Secretary 
under subparagraph (I)(ii) of such section 
2102(c)(4). 
SEC. 4. EFFECTIVE DATE; CONFORMING REPEAL. 
(a) 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 enactment of this Act. 
(b) CONFORMING REPEAL.—Section 550 of the Depart-
ment of Homeland Security Appropriations Act, 2007 
(Public Law 109–295; 120 Stat. 1388), is repealed as of 
the effective date of this Act. 
SEC. 5. TERMINATION. 
The authority provided under title XXI of the Home-
land Security Act of 2002, as added by section 2(a), shall 
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terminate on the date that is 4 years after the effective date 
of this Act. 
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Calendar No. 578 
113TH CONGRESS 
2D SESSION 
H. R. 4007 
[Report No. 113–263] 
AN ACT 
To recodify and reauthorize the Chemical Facility 
Anti-Terrorism Standards Program. 
SEPTEMBER 18, 2014 
Reported with an amendment 
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