[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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