I 113th CONGRESS 2d Session H. R. 4007 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 Alabama ) 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 jurisdiction of the committee concerned A BILL To recodify and reauthorize the Chemical Facility Anti-Terrorism Standards Program.

1. Short title This Act may be cited as the Chemical Facility Anti-Terrorism Standards Program Authorization and Accountability Act of 2014 . 2. Chemical Facility Anti-Terrorism Standards Program (a) Program established There is in the Department 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 chemical facilities from acts of terrorism and require such facilities to submit security vulnerability assessments and to develop and implement site security plans. (b) Security measures Site security plans required under subsection (a) may include layered security measures that, in combination, appropriately address the security vulnerability assessment and the risk-based performance 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 program established by a private sector entity or a Federal, 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. (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 resubmission of the site security information solely by reason 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 compliance with this Act. Under any such arrangement, 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 Secretary 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 explanation 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 operations, or both. (3) Personnel surety To satisfy the requirements of a risk-based performance standard that addresses personnel surety by identifying individuals with terrorist ties, a covered chemical facility may utilize any Federal screening program that periodically vets individuals against the terrorist 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 subsection (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 individual— (A) was vetted under the Department of Homeland Security Personnel Surety 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 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 interest In carrying out this Act, 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 Act, the Secretary shall develop a risk assessment approach and corresponding tiering methodology that incorporates all relevant elements of risk, including threat, vulnerability, and consequence. (B) Criteria for determining security risk The criteria for determining the security risk of terrorism associated with a facility shall include— (i) the threat to the facility based upon available intelligence; (ii) the potential economic consequences and the potential loss of human life in the event of the facility being subject 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 interest under subsection (e)(1) and determines presents a high level of security risk. Such term does not include any of the following: (1) A facility regulated pursuant to the Maritime Transportation Security Act of 2002 ( Public Law 107–295 ). (2) 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 ). (3) 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 ). (4) Any facility owned or operated by the Department of Defense or the Department of Energy. (5) Any facility subject to regulation by the Nuclear Regulatory Commission. 3. Protection of information (a) In general Notwithstanding any other provision of law, information developed pursuant to this Act, including vulnerability assessments, site security plans, and other security related information, records, and documents 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 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 proceeding 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. 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. 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, distribution 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 regulation, 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 jurisdiction of any State with respect to chemical facilities within that State, unless there is an actual conflict between this section and the law of that State. 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 Chemical Facilities Anti-Terrorism Standards Program. Such report shall include each of the following: (1) Certification by the Secretary that the Secretary has made significant progress in the identification of all chemical facilities of interest pursuant to section 2(e)(1), including a description of the steps taken to achieve such progress and the metrics used to measure it. (2) Certification by the Secretary that the Secretary has developed a risk assessment approach and corresponding tiering methodology pursuant to section 2(e)(2). (3) An assessment by the Secretary of the implementation by the Department of Homeland Security 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 assessment 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. 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. 8. Effective date This Act shall take effect on the date that is 30 days after the date of the enactment of this Act. 9. Use of existing regulations (a) In general In carrying out the requirements of this Act, the Secretary may, to the extent that the Secretary 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).