[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4007 Introduced in House (IH)]
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 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.
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) 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.
SEC. 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.
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.
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, 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.
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 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.
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.
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 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).
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