[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4007 Engrossed in House (EH)]
113th CONGRESS
2d Session
H. R. 4007
_______________________________________________________________________
AN ACT
To recodify and reauthorize the Chemical Facility Anti-Terrorism
Standards Program.
Be it enacted by the Senate and House of Representatives 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 Accountability 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 STANDARDS PROGRAM.
``(a) Program Established.--There is in the Department a Chemical
Facility Anti-Terrorism Standards Program. Under such Program, the
Secretary shall establish risk-based performance standards designed to
protect covered 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 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 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 enactment
of this title.
``(4) Consultation.--The Secretary may consult 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
facilities. 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 inspection may be carried out by a non-
Department or nongovernment entity, as approved by the
Secretary.
``(B) Reporting structure.--Any audit or inspection
conducted by an individual employed by a nongovernment
entity shall be assigned 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 nongovernment
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 qualification 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--
``(i) minimum training requirements for new
auditors or inspectors;
``(ii) retraining requirements;
``(iii) minimum education and experience
levels;
``(iv) the submission of information as
required by the Secretary to enable
determination of whether the auditor or
inspector has a conflict of interest;
``(v) the maintenance of a secret security
clearance;
``(vi) reporting any issue of non-
compliance with this section to the Secretary
within 24 hours; and
``(vii) any additional qualifications for
fitness of duty as the Secretary may establish.
``(D) Training of department auditors and
inspectors.--The Secretary shall prescribe standards
for the training and retraining of individuals employed
by the Department as auditors and inspectors. Such
standards shall include--
``(i) minimum training requirements for new
auditors and inspectors;
``(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 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
(including a clear explanation of any
deficiency in the security
vulnerability assessment or site
security plan) by not later than 14
days after the determination is made;
and
``(II) an opportunity for
consultation with the Secretary or the
Secretary's designee; and
``(ii) issue an order to comply by such
date as the Secretary determines to be
appropriate under the circumstances.
``(B) Continued noncompliance.--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.--
``(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 operator
of a covered chemical facility that voluntarily
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 vetting
the individual against the terrorist screening
database, to the extent that such feedback is
necessary for the facility's compliance with
regulations promulgated under this title; and
``(iii) provides redress to an individual
whose information was vetted against the
terrorist screening database under the program
and who believes that the personally
identifiable information submitted to the
Department for such vetting by a covered
chemical facility, or its designated
representative, was inaccurate.
``(B) Personnel surety implementation.--To the
extent that a risk-based performance 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 periodically
vets individuals against the terrorist
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
information about such individual unless the
individual--
``(I) is vetted under the Personnel
Surety Program; or
``(II) has been identified as
presenting a terrorism security risk.
``(C) Responsibilities of security screening
coordination office.--
``(i) In general.--The Secretary shall
direct the Security Screening Coordination
Office of the Department to coordinate with the
National Protection and Programs Directorate to
expedite the development 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 Secretary
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 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 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 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 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 relevant threat information;
``(ii) the potential economic consequences
and the potential loss of human life in the
event of the facility being subject to a
terrorist attack, compromise, infiltration, or
exploitation; and
``(iii) the vulnerability of the facility
to a terrorist attack, compromise,
infiltration, 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 determination. The records shall include
information on whether and how the information that was the
basis for the determination was confirmed by the Secretary.
``(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 following:
``(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).
``SEC. 2102. PROTECTION AND SHARING OF INFORMATION.
``(a) In General.--Notwithstanding any other provision of law,
information developed pursuant to this title, 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 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 Responders.--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
government 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 covered chemical facilities. Such information
shall be disseminated through the Homeland Security Information Network
or the Homeland Secure Data Network, as appropriate.
``(d) 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.
``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 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 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 individual providing such information
would have.
``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, distribution 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 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.
``(c) Rail Transit.--
``(1) Duplicative regulations.--The Secretary shall
coordinate with the Assistant Secretary of Homeland Security
(Transportation Security Administration) to eliminate any
provision of this title applicable to rail security that would
duplicate any security measure under the Rail Transportation
Security 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 that there is a conflict
between this title and any regulation under the jurisdiction of
the Transportation Security Administration, the regulation
under the jurisdiction of the Transportation Security
Administration 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 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 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 that submitted Top-Screens as a result of
such efforts were tiered and in what tiers they were placed,
and an action plan to better identify chemical facilities of
interest and bring those facilities into compliance.
``(2) Certification by the Secretary that the Secretary has
developed a risk assessment approach and corresponding tiering
methodology pursuant to section 2101(e)(2).
``(3) An assessment by the Secretary of the implementation
by the Department 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 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 assessment of the Comptroller General of the implementation 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.
``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 regulations prescribed pursuant to
section 550 of the Department 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 Department 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
``(3) determining security risk associated with a chemical
facility.
``SEC. 2108. SMALL COVERED CHEMICAL FACILITIES.
``(a) In General.--The Secretary may provide guidance and, as
appropriate, tools, methodologies, or computer 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 Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate a report on
best practices that may assist small chemical facilities, as defined 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 employed at the covered chemical facility, and
is not a branch or subsidiary of another entity.
``SEC. 2109. OUTREACH TO CHEMICAL FACILITIES OF INTEREST.
``Not later than 90 days after the date of the enactment 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 business associations, to identify chemical
facilities of interest 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 authorized 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
terrorism associated with the Chemical Facility Anti-Terrorism
Standards program, as authorized pursuant to section 550 of the
Department of Homeland Security Appropriations Act, 2007 (Public Law
109-295; 120 Stat. 1388; 6 U.S.C. 121 note).
(d) Metrics.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to Congress a plan
for the utilization of metrics to assess the effectiveness of the
Chemical Facility Anti-Terrorism Standards program to reduce the risk
of a terrorist attack or other security risk to those citizens and
communities surrounding covered chemical facilities. The plan shall
include benchmarks on when the program will begin utilizing the metrics
and how the Department of Homeland 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.
Passed the House of Representatives July 8, 2014.
Attest:
Clerk.
113th CONGRESS
2d Session
H. R. 4007
_______________________________________________________________________
AN ACT
To recodify and reauthorize the Chemical Facility Anti-Terrorism
Standards Program.