[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4007 Reported in Senate (RS)]
Calendar No. 578
113th CONGRESS
2d Session
H. R. 4007
[Report No. 113-263]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 9, 2014
Received; read twice and referred to the Committee on Homeland Security
and Governmental Affairs
September 18, 2014
Reported by Mr. Carper, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Chemical Facility Anti-
Terrorism Standards Program Authorization and Accountability Act of
2014''.</DELETED>
<DELETED>SEC. 2. CHEMICAL FACILITY ANTI-TERRORISM STANDARDS
PROGRAM.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``TITLE XXI--CHEMICAL FACILITY ANTI-TERRORISM
STANDARDS</DELETED>
<DELETED>``SEC. 2101. CHEMICAL FACILITY ANTI-TERRORISM STANDARDS
PROGRAM.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) Approval or Disapproval of Site Security Plans.--
</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(d) Compliance.--</DELETED>
<DELETED> ``(1) Audits and inspections.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) minimum training
requirements for new auditors or
inspectors;</DELETED>
<DELETED> ``(ii) retraining
requirements;</DELETED>
<DELETED> ``(iii) minimum education and
experience levels;</DELETED>
<DELETED> ``(iv) the submission of
information as required by the Secretary to
enable determination of whether the auditor or
inspector has a conflict of interest;</DELETED>
<DELETED> ``(v) the maintenance of a secret
security clearance;</DELETED>
<DELETED> ``(vi) reporting any issue of non-
compliance with this section to the Secretary
within 24 hours; and</DELETED>
<DELETED> ``(vii) any additional
qualifications for fitness of duty as the
Secretary may establish.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) minimum training
requirements for new auditors and
inspectors;</DELETED>
<DELETED> ``(ii) retraining requirements;
and</DELETED>
<DELETED> ``(iii) any additional
requirements the Secretary may
establish.</DELETED>
<DELETED> ``(2) Notice of noncompliance.--</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) provide the owner or
operator of the facility with--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(II) an opportunity for
consultation with the Secretary or the
Secretary's designee; and</DELETED>
<DELETED> ``(ii) issue an order to comply by
such date as the Secretary determines to be
appropriate under the circumstances.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(3) Personnel surety.--</DELETED>
<DELETED> ``(A) Personnel surety program.--For
purposes of this title, the Secretary shall carry out a
Personnel Surety Program that--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) Personnel surety implementation.--To
the extent that a risk-based performance standard under
subsection (a) is directed toward identifying
individuals with terrorist ties--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(ii) the Secretary may not
require a covered chemical facility to submit
any information about such individual unless
the individual--</DELETED>
<DELETED> ``(I) is vetted under the
Personnel Surety Program; or</DELETED>
<DELETED> ``(II) has been identified
as presenting a terrorism security
risk.</DELETED>
<DELETED> ``(C) Responsibilities of security
screening coordination office.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) was vetted under the Personnel
Surety Program; or</DELETED>
<DELETED> ``(B) has been identified as presenting a
terrorism security risk.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(e) Responsibilities of the Secretary.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Risk assessment.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) Criteria for determining security
risk.--The criteria for determining the security risk
of terrorism associated with a facility shall include--
</DELETED>
<DELETED> ``(i) the relevant threat
information;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(iii) the vulnerability of the
facility to a terrorist attack, compromise,
infiltration, or exploitation.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(f) Definitions.--In this title:</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(A) A facility regulated pursuant to the
Maritime Transportation Security Act of 2002 (Public
Law 107-295).</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(D) Any facility owned or operated by
the Department of Defense or the Department of
Energy.</DELETED>
<DELETED> ``(E) Any facility subject to regulation
by the Nuclear Regulatory Commission.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED>``SEC. 2102. PROTECTION AND SHARING OF INFORMATION.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``SEC. 2103. CIVIL PENALTIES.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``SEC. 2104. WHISTLEBLOWER PROTECTIONS.</DELETED>
<DELETED> ``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.</DELETED>
<DELETED>``SEC. 2105. RELATIONSHIP TO OTHER LAWS.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) Rail Transit.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``SEC. 2106. REPORTS.</DELETED>
<DELETED> ``(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:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Certification by the Secretary that the
Secretary has developed a risk assessment approach and
corresponding tiering methodology pursuant to section
2101(e)(2).</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``SEC. 2107. CFATS REGULATIONS.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(d) Authority.--The Secretary shall exclusively rely
upon authority provided in this title for determining compliance with
this title in--</DELETED>
<DELETED> ``(1) identifying chemicals of interest;</DELETED>
<DELETED> ``(2) designating chemicals of interest;
and</DELETED>
<DELETED> ``(3) determining security risk associated with a
chemical facility.</DELETED>
<DELETED>``SEC. 2108. SMALL COVERED CHEMICAL FACILITIES.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``SEC. 2109. OUTREACH TO CHEMICAL FACILITIES OF
INTEREST.</DELETED>
<DELETED> ``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.</DELETED>
<DELETED>``SEC. 2110. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> ``There is authorized to be appropriated to carry out this
title $81,000,000 for each of fiscal years 2015, 2016, and
2017.''.</DELETED>
<DELETED> (b) Clerical Amendment.--The table of contents in section
1(b) of such Act is amended by adding at the end the
following:</DELETED>
<DELETED>``TITLE XXI--CHEMICAL FACILITY ANTI-TERRORISM STANDARDS
<DELETED>``Sec. 2101. Chemical Facility Anti-Terrorism Standards
Program.
<DELETED>``Sec. 2102. Protection and sharing of information.
<DELETED>``Sec. 2103. Civil penalties.
<DELETED>``Sec. 2104. Whistleblower protections.
<DELETED>``Sec. 2105. Relationship to other laws.
<DELETED>``Sec. 2106. Reports.
<DELETED>``Sec. 2107. CFATS regulations.
<DELETED>``Sec. 2108. Small covered chemical facilities.
<DELETED>``Sec. 2109. Outreach to chemical facilities of interest.
<DELETED>``Sec. 2110. Authorization of appropriations.''.
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 3. EFFECTIVE DATE.</DELETED>
<DELETED> 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.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting and Securing Chemical
Facilities from Terrorist Attacks 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. DEFINITIONS.
``In this title--
``(1) the term `CFATS regulation' means--
``(A) an existing CFATs regulation; and
``(B) any regulation or amendment to an existing
CFATS regulation issued pursuant to the authority under
section 2107;
``(2) the term `chemical facility of interest' means a
facility that--
``(A) holds, or that the Secretary has a reasonable
basis to believe holds, a chemical of interest, as
designated under Appendix A to part 27 of title 6, Code
of Federal Regulations, or any successor thereto, at a
threshold quantity set pursuant to relevant risk-
related security principles; and
``(B) is not an excluded facility;
``(3) the term `covered chemical facility' means a facility
that--
``(A) the Secretary--
``(i) identifies as a chemical facility of
interest; and
``(ii) based upon review of the facility's
Top-Screen, determines meets the risk criteria
developed under section 2102(e)(2)(B); and
``(B) is not an excluded facility;
``(4) the term `excluded facility' means--
``(A) a facility regulated under the Maritime
Transportation Security Act of 2002 (Public Law 107-
295; 116 Stat. 2064);
``(B) a public water system, as that term is
defined in section 1401 of the Safe Drinking Water Act
(42 U.S.C. 300f);
``(C) a Treatment Works, as that term is defined in
section 212 of the Federal Water Pollution Control Act
(33 U.S.C. 1292);
``(D) a facility owned or operated by the
Department of Defense or the Department of Energy; or
``(E) a facility subject to regulation by the
Nuclear Regulatory Commission, or by a State that has
entered into an agreement with the Nuclear Regulatory
Commission under section 274 b. of the Atomic Energy
Act of 1954 (42 U.S.C. 2021(b)) to protect against
unauthorized access of any material, activity, or
structure licensed by the Nuclear Regulatory
Commission;
``(5) the term `existing CFATS regulation' means--
``(A) a regulation promulgated under section 550 of
the Department of Homeland Security Appropriations Act,
2007 (Public Law 109-295; 6 U.S.C. 121 note) that is in
effect on the day before the date of enactment of the
Protecting and Securing Chemical Facilities from
Terrorist Attacks Act of 2014; and
``(B) a Federal Register notice or other published
guidance relating to section 550 of the Department of
Homeland Security Appropriations Act, 2007 that is in
effect on the day before the date of enactment of the
Protecting and Securing Chemical Facilities from
Terrorist Attacks Act of 2014;
``(6) the term `expedited approval facility' means a
covered chemical facility for which the owner or operator
elects to submit a site security plan in accordance with
section 2102(c)(4);
``(7) the term `facially deficient', relating to a site
security plan, means a site security plan that does not support
a certification that the security measures in the plan address
the security vulnerability assessment and the risk-based
performance standards for security for the facility, based on a
review of--
``(A) the facility's site security plan;
``(B) the facility's Top-Screen;
``(C) the facility's security vulnerability
assessment; or
``(D) any other information that--
``(i) the facility submits to the
Department; or
``(ii) the Department obtains from a public
source or other source;
``(8) the term `guidance for expedited approval facilities'
means the guidance issued under section 2102(c)(4)(B)(i);
``(9) the term `risk assessment' means the Secretary's
application of relevant risk criteria identified in section
2102(e)(2)(B);
``(10) the term `terrorist screening database' means the
terrorist screening database maintained by the Federal
Government Terrorist Screening Center or its successor;
``(11) the term `tier' has the meaning given the term in
section 27.105 of title 6, Code of Federal Regulations, or any
successor thereto;
``(12) the terms `tiering' and `tiering methodology' mean
the procedure by which the Secretary assigns a tier to each
covered chemical facility based on the risk assessment for that
covered chemical facility;
``(13) the term `Top-Screen' has the meaning given the term
in section 27.105 of title 6, Code of Federal Regulations, or
any successor thereto; and
``(14) the term `vulnerability assessment' means the
identification of weaknesses in the security of a chemical
facility of interest.
``SEC. 2102. CHEMICAL FACILITY ANTI-TERRORISM STANDARDS PROGRAM.
``(a) Program Established.--
``(1) In general.--There is in the Department a Chemical
Facility Anti-Terrorism Standards Program.
``(2) Requirements.--In carrying out the Chemical Facility
Anti-Terrorism Standards Program, the Secretary shall--
``(A) identify--
``(i) chemical facilities of interest; and
``(ii) covered chemical facilities;
``(B) require each chemical facility of interest to
submit a Top-Screen and any other information the
Secretary determines necessary to enable the Department
to assess the security risks associated with the
facility;
``(C) establish risk-based performance standards
designed to address high levels of security risk at
covered chemical facilities; and
``(D) require each covered chemical facility to--
``(i) submit a security vulnerability
assessment; and
``(ii) develop, submit, and implement a
site security plan.
``(b) Security Measures.--A facility, in developing a site security
plan as required under subsection (a), shall include 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.--
``(A) Review.--Except as provided in paragraph (4),
the Secretary shall review and approve or disapprove
each site security plan submitted pursuant to
subsection (a).
``(B) Bases for disapproval.--The Secretary--
``(i) may not disapprove a site security
plan based on the presence or absence of a
particular security measure; and
``(ii) shall disapprove a site security
plan if the plan fails to satisfy the risk-
based performance standards established
pursuant to subsection (a)(2)(C).
``(2) Alternative security programs.--
``(A) Authority to approve.--
``(i) In general.--The Secretary may
approve an alternative security program
established by a private sector entity or a
Federal, State, or local authority or under
other applicable laws, if the Secretary
determines that the requirements of the program
meet the requirements under this section.
``(ii) Additional security measures.--If
the requirements of an alternative security
program do not meet the requirements under this
section, the Secretary may recommend additional
security measures to the program that will
enable the Secretary to approve the program.
``(B) Satisfaction of site security plan
requirement.--A covered chemical facility may satisfy
the site security plan requirement under subsection (a)
by adopting an alternative security program that the
Secretary has--
``(i) reviewed and approved under
subparagraph (A); and
``(ii) determined to be appropriate for the
operations and security concerns of the covered
chemical facility.
``(3) Site security plan assessments.--
``(A) Risk assessment policies and procedures.--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.
``(B) Previously approved plans.--In the case of a
covered chemical facility for which the Secretary
approved a site security plan before the date of
enactment of the Protecting and Securing Chemical
Facilities from Terrorist Attacks Act of 2014, the
Secretary may not require the facility to resubmit the
site security plan solely by reason of the enactment of
this title.
``(4) Expedited approval program.--
``(A) In general.--A covered chemical facility
assigned to tier 3 or 4 may meet the requirement to
develop and submit a site security plan under
subsection (a)(2)(D) by developing and submitting to
the Secretary--
``(i) a site security plan and the
certification described in subparagraph (C); or
``(ii) a site security plan in conformance
with a template authorized under subparagraph
(H).
``(B) Guidance for expedited approval facilities.--
``(i) In general.--Not later than 180 days
after the date of enactment of the Protecting
and Securing Chemical Facilities from Terrorist
Attacks Act of 2014, the Secretary shall issue
guidance for expedited approval facilities that
identifies specific security measures that are
sufficient to meet the risk-based performance
standards.
``(ii) Material deviation from guidance.--
If a security measure in the site security plan
of an expedited approval facility materially
deviates from a security measure in the
guidance for expedited approval facilities, the
site security plan shall include an explanation
of how such security measure meets the risk-
based performance standards.
``(iii) Process.--In developing and
issuing, or amending, the guidance for
expedited approval facilities under this
subparagraph and in collecting information from
expedited approval facilities, the Secretary--
``(I) shall consult with--
``(aa) Sector Coordinating
Councils established under
sections 201 and 871(a); and
``(bb) appropriate labor
organizations; and
``(II) shall not be subject to
section 553 of title 5, United States
Code, the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.),
subchapter I of chapter 35 of title 44,
United States Code, or section 2107(b)
of this title.
``(C) Certification.--The owner or operator of an
expedited approval facility shall submit to the
Secretary a certification, signed under penalty of
perjury, that--
``(i) the owner or operator is familiar
with the requirements of this title and part 27
of title 6, Code of Federal Regulations, or any
successor thereto, and the site security plan
being submitted;
``(ii) the site security plan includes the
security measures required by subsection (b);
``(iii)(I) the security measures in the
site security plan do not materially deviate
from the guidance for expedited approval
facilities except where indicated in the site
security plan;
``(II) any deviations from the guidance for
expedited approval facilities in the site
security plan meet the risk-based performance
standards for the tier to which the facility is
assigned; and
``(III) the owner or operator has provided
an explanation of how the site security plan
meets the risk-based performance standards for
any material deviation;
``(iv) the owner or operator has visited,
examined, documented, and verified that the
expedited approval facility meets the criteria
set forth in the site security plan;
``(v) the expedited approval facility has
implemented all of the required performance
measures outlined in the site security plan or
set out planned measures that will be
implemented within a reasonable time period
stated in the site security plan;
``(vi) each individual responsible for
implementing the site security plan is fully
aware of the requirements relevant to the
individual's responsibility contained in the
site security plan and is competent to carry
out those requirements; and
``(vii) the owner or operator has
committed, or, in the case of planned measures
will commit, the necessary resources to fully
implement the site security plan.
``(D) Deadline.--
``(i) In general.--Not later than 120 days
after the date described in clause (ii), the
owner or operator of an expedited approval
facility shall submit to the Secretary the site
security plan and the certification described
in subparagraph (C).
``(ii) Date.--The date described in this
clause is--
``(I) for an expedited approval
facility that was assigned to tier 3 or
4 under existing CFATS regulations
before the date of enactment of the
Protecting and Securing Chemical
Facilities from Terrorist Attacks Act
of 2014, the date that is 210 days
after the date of enactment of that
Act; and
``(II) for any expedited approval
facility not described in subclause
(I), the later of--
``(aa) the date on which
the expedited approval facility
is assigned to tier 3 or 4
under subsection (e)(2)(A); or
``(bb) the date that is 210
days after the date of
enactment of the Protecting and
Securing Chemical Facilities
from Terrorist Attacks Act of
2014.
``(iii) Notice.--An owner or operator of an
expedited approval facility shall notify the
Secretary of the intent of the owner or
operator to certify the site security plan for
the expedited approval facility not later than
30 days before the date on which the owner or
operator submits the site security plan and
certification described in subparagraph (C).
``(E) Compliance.--
``(i) In general.--For an expedited
approval facility submitting a site security
plan and certification in accordance with
subparagraphs (A), (B), (C), and (D)--
``(I) the expedited approval
facility shall comply with all of the
requirements of its site security plan;
and
``(II) the Secretary--
``(aa) except as provided
in subparagraph (G), may not
disapprove the site security
plan; and
``(bb) may audit and
inspect the expedited approval
facility under subsection (d)
to verify compliance with its
site security plan.
``(ii) Noncompliance.--If the Secretary
determines an expedited approval facility is
not in compliance with the requirements of the
site security plan or is otherwise in violation
of this title, the Secretary may enforce
compliance in accordance with section 2104.
``(F) Amendments to site security plan.--
``(i) Requirement.--
``(I) In general.--If the owner or
operator of an expedited approval
facility amends a site security plan
submitted under subparagraph (A), the
owner or operator shall submit the
amended site security plan and a
certification relating to the amended
site security plan that contains the
information described in subparagraph
(C).
``(II) Technical amendments.--For
purposes of this clause, an amendment
to a site security plan includes any
technical amendment to the site
security plan.
``(ii) Amendment required.--The owner or
operator of an expedited approval facility
shall amend the site security plan if--
``(I) there is a change in the
design, construction, operation, or
maintenance of the expedited approval
facility that affects the site security
plan;
``(II) the Secretary requires
additional security measures or
suspends a certification and recommends
additional security measures under
subparagraph (G); or
``(III) the owner or operator
receives notice from the Secretary of a
change in tiering under subsection
(e)(3).
``(iii) Deadline.--An amended site security
plan and certification shall be submitted under
clause (i)--
``(I) in the case of a change in
design, construction, operation, or
maintenance of the expedited approval
facility that affects the security
plan, not later than 120 days after the
date on which the change in design,
construction, operation, or maintenance
occurred;
``(II) in the case of the Secretary
requiring additional security measures
or suspending a certification and
recommending additional security
measures under subparagraph (G), not
later than 120 days after the date on
which the owner or operator receives
notice of the requirement for
additional security measures or
suspension of the certification and
recommendation of additional security
measures; and
``(III) in the case of a change in
tiering, not later than 120 days after
the date on which the owner or operator
receives notice under subsection
(e)(3).
``(G) Facially deficient site security plans.--
``(i) Prohibition.--Notwithstanding
subparagraph (A) or (E), the Secretary may
suspend the authority of a covered chemical
facility to certify a site security plan if the
Secretary--
``(I) determines the certified site
security plan or an amended site
security plan is facially deficient;
and
``(II) not later than 100 days
after the date on which the Secretary
receives the site security plan and
certification, provides the covered
chemical facility with written
notification that the site security
plan is facially deficient, including a
clear explanation of each deficiency in
the site security plan.
``(ii) Additional security measures.--
``(I) In general.--If, during or
after a compliance inspection of an
expedited approval facility, the
Secretary determines that planned or
implemented security measures in the
site security plan of the facility are
insufficient to meet the risk-based
performance standards based on
misrepresentation, omission, or an
inadequate description of the site, the
Secretary may--
``(aa) require additional
security measures; or
``(bb) suspend the
certification of the facility.
``(II) Recommendation of additional
security measures.--If the Secretary
suspends the certification of an
expedited approval facility under
subclause (I), the Secretary shall--
``(aa) recommend specific
additional security measures
that, if made part of the site
security plan by the facility,
would enable the Secretary to
approve the site security plan;
and
``(bb) provide the facility
an opportunity to submit a new
or modified site security plan
and certification under
subparagraph (A).
``(III) Submission; review.--If an
expedited approval facility determines
to submit a new or modified site
security plan and certification as
authorized under subclause (II)(bb)--
``(aa) not later than 90
days after the date on which
the facility receives
recommendations under subclause
(II)(aa), the facility shall
submit the new or modified plan
and certification; and
``(bb) not later than 45
days after the date on which
the Secretary receives the new
or modified plan under item
(aa), the Secretary shall
review the plan and determine
whether the plan is facially
deficient.
``(IV) Determination not to include
additional security measures.--
``(aa) Revocation of
certification.--If an expedited
approval facility does not
agree to include in its site
security plan specific
additional security measures
recommended by the Secretary
under subclause (II)(aa), or
does not submit a new or
modified site security plan in
accordance with subclause
(III), the Secretary may revoke
the certification of the
facility by issuing an order
under section 2104(a)(1)(B).
``(bb) Effect of
revocation.--If the Secretary
revokes the certification of an
expedited approval facility
under item (aa) by issuing an
order under section
2104(a)(1)(B)--
``(AA) the order
shall require the owner
or operator of the
facility to submit a
site security plan or
alternative security
program for review by
the Secretary review
under subsection
(c)(1); and
``(BB) the facility
shall no longer be
eligible to certify a
site security plan
under this paragraph.
``(V) Facial deficiency.--If the
Secretary determines that a new or
modified site security plan submitted
by an expedited approval facility under
subclause (III) is facially deficient--
``(aa) not later than 120
days after the date of the
determination, the owner or
operator of the facility shall
submit a site security plan or
alternative security program
for review by the Secretary
under subsection (c)(1); and
``(bb) the facility shall
no longer be eligible to
certify a site security plan
under this paragraph.
``(H) Templates.--
``(i) In general.--The Secretary may
develop prescriptive site security plan
templates with specific security measures to
meet the risk-based performance standards under
subsection (a)(2)(C) for adoption and
certification by a covered chemical facility
assigned to tier 3 or 4 in lieu of developing
and certifying its own plan.
``(ii) Process.--In developing and issuing,
or amending, the site security plan templates
under this subparagraph, issuing guidance for
implementation of the templates, and in
collecting information from expedited approval
facilities, the Secretary--
``(I) shall consult with--
``(aa) Sector Coordinating
Councils established under
sections 201 and 871(a); and
``(bb) appropriate labor
organizations; and
``(II) shall not be subject to
section 553 of title 5, United States
Code, the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.),
subchapter I of chapter 35 of title 44,
United States Code, or section 2107(b)
of this title.
``(iii) Rule of construction.--Nothing in
this subparagraph shall be construed to prevent
a covered chemical facility from developing and
certifying its own security plan in accordance
with subparagraph (A).
``(I) Evaluation.--
``(i) In general.--Not later than 18 months
after the date of enactment of the Protecting
and Securing Chemical Facilities from Terrorist
Attacks Act of 2014, the Secretary shall take
any appropriate action necessary for a full
evaluation of the expedited approval program
authorized under this paragraph, including
conducting an appropriate number of
inspections, as authorized under subsection
(d), of expedited approval facilities.
``(ii) Report.--Not later than 18 months
after the date of enactment of the Protecting
and Securing Chemical Facilities from Terrorist
Attacks Act of 2014, the Secretary shall submit
to the Committee on Homeland Security and
Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of
Representatives a report that contains--
``(I) any costs and efficiencies
associated with the expedited approval
program authorized under this
paragraph;
``(II) the impact of the expedited
approval program on the backlog for
site security plan approval and
authorization inspections;
``(III) an assessment of the
ability of expedited approval
facilities to submit facially
sufficient site security plans;
``(IV) an assessment of any impact
of the expedited approval program on
the security of chemical facilities;
and
``(V) a recommendation by the
Secretary on the frequency of
compliance inspections that may be
required for expedited approval
facilities.
``(d) Compliance.--
``(1) Audits and inspections.--
``(A) Definitions.--In this paragraph--
``(i) the term `nondepartmental'--
``(I) with respect to personnel,
means personnel that is not employed by
the Department; and
``(II) with respect to an entity,
means an entity that is not a component
or other authority of the Department;
and
``(ii) the term `nongovernmental'--
``(I) with respect to personnel,
means personnel that is not employed by
the Federal Government; and
``(II) with respect to an entity,
means an entity that is not an agency,
department, or other authority of the
Federal Government.
``(B) Authority to conduct audits and
inspections.--The Secretary shall conduct audits or
inspections under this title using--
``(i) employees of the Department; or
``(ii) nondepartmental or nongovernmental
personnel approved by the Secretary.
``(C) Support personnel.--The Secretary may use
nongovernmental personnel to provide administrative and
logistical services in support of audits and
inspections under this title.
``(D) Reporting structure.--
``(i) Nondepartmental and nongovernmental
audits and inspections.--Any audit or
inspection conducted by an individual employed
by a nondepartmental or nongovernmental entity
shall be assigned in coordination with a
regional supervisor with responsibility for
supervising inspectors within the
Infrastructure Security Compliance Division of
the Department for the region in which the
audit or inspection is to be conducted.
``(ii) Requirement to report.--While an
individual employed by a nondepartmental or
nongovernmental entity is in the field
conducting an audit or inspection under this
subsection, the individual shall report to the
regional supervisor with responsibility for
supervising inspectors within the
Infrastructure Security Compliance Division of
the Department for the region in which the
individual is operating.
``(iii) Approval.--The authority to approve
a site security plan under subsection (c) or
determine if a covered chemical facility is in
compliance with an approved site security plan
shall be exercised solely by the Secretary or a
designee of the Secretary within the
Department.
``(E) Standards for auditors and inspectors.--The
Secretary shall prescribe standards for the training
and retraining of each individual used by the
Department as an auditor or inspector, including each
individual employed by the Department and all
nondepartmental or nongovernmental personnel,
including--
``(i) minimum training requirements for new
auditors and 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 proper certification or
certifications necessary to handle chemical-
terrorism vulnerability information (as defined
in section 27.105 of title 6, Code of Federal
Regulations, or any successor thereto);
``(vi) the reporting of 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 require.
``(F) Conditions for nongovernmental auditors and
inspectors.--If the Secretary arranges for an audit or
inspection under subparagraph (B) to be carried out by
a nongovernmental entity, the Secretary shall--
``(i) prescribe standards for the
qualification of the individuals who carry out
such audits and inspections that are
commensurate with the standards for similar
Government auditors or inspectors; and
``(ii) ensure that any duties carried out
by a nongovernmental entity are not inherently
governmental functions.
``(2) Personnel surety.--
``(A) Personnel surety program.--For purposes of
this title, the Secretary shall establish and carry out
a Personnel Surety Program that--
``(i) does not require an owner or operator
of a covered chemical facility that voluntarily
participates in the program to submit
information about an individual more than one
time;
``(ii) provides a participating owner or
operator of a covered chemical facility with
relevant information about an individual based
on vetting the individual against the terrorist
screening database, to the extent that such
feedback is necessary for the facility to be in
compliance with regulations promulgated under
this title; and
``(iii) provides redress to an individual--
``(I) whose information was vetted
against the terrorist screening
database under the program; and
``(II) 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 program implementation.--To
the extent that a risk-based performance standard
established under subsection (a) requires identifying
individuals with ties to terrorism--
``(i) a covered chemical facility may
satisfy its obligation under the standard by
using any Federal screening program that
periodically vets individuals against the
terrorist screening database, or any successor
program, including the Personnel Surety Program
established under subparagraph (A); and
``(ii) the Secretary may not require a
covered chemical facility to submit any
information about an individual unless the
individual--
``(I) is to be vetted under the
Personnel Surety Program; or
``(II) has been identified as
presenting a terrorism security risk.
``(3) Availability of information.--The Secretary shall
share with the owner or operator of a covered chemical facility
any information that the owner or operator needs to comply with
this section.
``(e) Responsibilities of the Secretary.--
``(1) Identification of chemical facilities of interest.--
In carrying out this title, the Secretary shall consult with
the heads of other Federal agencies, States and political
subdivisions thereof, relevant business associations, and
public and private labor organizations to identify all chemical
facilities of interest.
``(2) Risk assessment.--
``(A) In general.--For purposes of this title, the
Secretary shall develop a security risk assessment
approach and corresponding tiering methodology for
covered chemical facilities that incorporates the
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 covered chemical facility shall take
into account--
``(i) relevant threat information;
``(ii) 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) vulnerability of the facility to a
terrorist attack, compromise, infiltration, or
exploitation.
``(3) Changes in tiering.--
``(A) Maintenance of records.--The Secretary shall
document the basis for each instance in which--
``(i) tiering for a covered chemical
facility is changed; or
``(ii) a covered chemical facility is
determined to no longer be subject to the
requirements under this title.
``(B) Required information.--The records maintained
under subparagraph (A) shall include information on
whether and how the Secretary confirmed the information
that was the basis for the change or determination
described in subparagraph (A).
``(4) Semiannual performance reporting.--Not later than 6
months after the date of enactment of the Protecting and
Securing Chemical Facilities from Terrorist Attacks Act of
2014, and not less frequently than once every 6 months
thereafter, the Secretary shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Homeland Security of the House of
Representatives a report that describes, for the period covered
by the report--
``(A) the number of covered chemical facilities in
the United States;
``(B) the average number of days spent reviewing
site security or an alternative security program for a
covered chemical facility prior to approval;
``(C) the number of covered chemical facilities
inspected;
``(D) the average number of covered chemical
facilities inspected per inspector; and
``(E) any other information that the Secretary
determines will be helpful to Congress in evaluating
the performance of the Chemical Facility Anti-Terrorism
Standards Program.
``SEC. 2103. PROTECTION AND SHARING OF INFORMATION.
``(a) In General.--Notwithstanding any other provision of law,
information developed under 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 the protection of similar information
under section 70103(d) of title 46, United States Code.
``(b) Sharing of Information With States and Local Governments.--
Nothing in this section shall be construed to prohibit the sharing of
information developed under this title, as the Secretary determines
appropriate, with State and local government officials possessing a
need to know and the necessary security clearances, including law
enforcement officials and first responders, for the purpose of carrying
out this title.
``(c) Sharing of Information With First Responders.--
``(1) Requirement.--The Secretary shall provide to State,
local, and regional fusion centers (as that term is defined in
section 210A(j)(1)) and State and local government officials,
as the Secretary determines appropriate, such information as is
necessary to help ensure that first responders are properly
prepared and provided with the situational awareness needed to
respond to security incidents at covered chemical facilities.
``(2) Dissemination.--The Secretary shall disseminate
information under paragraph (1) through a medium or system
determined by the Secretary to be appropriate to ensure the
secure and expeditious dissemination of such information to
necessary selected individuals.
``(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 title,
and related vulnerability or security information, shall be treated as
if the information were classified information.
``(e) Availability of Information.--Notwithstanding any other
provision of law (including section 552(b)(3) of title 5, United States
Code), section 552 of title 5, United States Code (commonly known as
the `Freedom of Information Act') shall not apply to information
protected from public disclosure pursuant to subsection (a) of this
section.
``SEC. 2104. CIVIL ENFORCEMENT.
``(a) Notice of Noncompliance.--
``(1) Notice.--If the Secretary determines that a covered
chemical facility is not in compliance with this title, the
Secretary shall--
``(A) provide the owner or operator of the facility
with--
``(i) not later than 14 days after date on
which the Secretary makes the determination, a
written notification of noncompliance that
includes a clear explanation of any deficiency
in the security vulnerability assessment or
site security plan; and
``(ii) an opportunity for consultation with
the Secretary or the Secretary's designee; and
``(B) issue to the owner or operator of the
facility an order to comply with this title by a date
specified by the Secretary in the order, which date
shall be not later than 180 days after the date on
which the Secretary issues the order.
``(2) Continued noncompliance.--If an owner or operator
continues to be in noncompliance with this title after the date
specified in an order issued under paragraph (1)(B), the
Secretary may enter an order in accordance with this section
assessing a civil penalty, an order to cease operations, or
both.
``(b) Civil Penalties.--
``(1) Violations of orders.--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.
``(2) Non-reporting chemical facilities of interest.--Any
owner of a chemical facility of interest who fails to comply
with, or knowingly submits false information under, this title
or the CFATS regulations shall be liable for a civil penalty
under section 70119(a) of title 46, United States Code.
``(c) Emergency Orders.--
``(1) In general.--Notwithstanding subsection (a) or any
site security plan or alternative security program approved
under this title, if the Secretary determines that there is a
reasonable likelihood that a violation of this title or the
CFATS regulations by a chemical facility could result in death,
serious illness, severe personal injury, or substantial
endangerment to the public, the Secretary may direct the
facility, effective immediately or as soon as practicable, to--
``(A) cease some or all operations; or
``(B) implement appropriate emergency security
measures.
``(2) Limitation on delegation.--The Secretary may not
delegate the authority under paragraph (1) to any official
other than the Under Secretary for the National Protection and
Programs Directorate.
``(d) Right of Action.--Nothing in this title confers upon any
person except the Secretary or his or her designee a right of action
against an owner or operator of a covered chemical facility to enforce
any provision of this title.
``SEC. 2105. WHISTLEBLOWER PROTECTIONS.
``(a) Procedure for Reporting Problems.--
``(1) Establishment of a reporting procedure.--Not later
than 180 days after the date of enactment of the Protecting and
Securing Chemical Facilities from Terrorist Attacks Act of
2014, the Secretary shall establish, and provide information to
the public regarding, a procedure under which any employee or
contractor of a chemical facility may submit a report to the
Secretary regarding problems, deficiencies, or vulnerabilities
at a covered chemical facility that are associated with the
risk of a chemical facility terrorist incident.
``(2) Confidentiality.--The Secretary shall keep
confidential the identity of an individual who submits a report
under paragraph (1) and any such report shall be treated as a
record containing protected information to the extent that the
report does not consist of publicly available information.
``(3) Acknowledgment of receipt.--If a report submitted
under paragraph (1) identifies the individual making the
report, the Secretary shall promptly respond to the individual
directly and shall promptly acknowledge receipt of the report.
``(4) Steps to address problems.--The Secretary shall--
``(A) review and consider the information provided
in any report submitted under paragraph (1); and
``(B) take appropriate steps under this title if
necessary to address any substantiated problems,
deficiencies, or vulnerabilities associated with the
risk of a chemical facility terrorist incident
identified in the report.
``(5) Retaliation prohibited.--
``(A) In general.--An owner or operator of a
covered chemical facility or agent thereof may not
discharge an employee or otherwise discriminate against
an employee with respect to the compensation provided
to, or terms, conditions, or privileges of the
employment of, the employee because the employee (or an
individual acting pursuant to a request of the
employee) submitted a report under paragraph (1).
``(B) Exception.--An employee shall not be entitled
to the protections under this section if the employee--
``(i) knowingly and willfully makes any
false, fictitious, or fraudulent statement or
representation; or
``(ii) uses any false writing or document
knowing the writing or document contains any
false, fictitious, or fraudulent statement or
entry.
``(b) Protected Disclosures.--Nothing in this title shall be
construed to limit the right of an individual to make any disclosure--
``(1) protected or authorized under section 2302(b)(8) or
7211 of title 5, United States Code;
``(2) protected under any other Federal or State law that
shields the disclosing individual against retaliation or
discrimination for having made the disclosure in the public
interest; or
``(3) to the Special Counsel of an agency, the inspector
general of an agency, or any other employee designated by the
head of an agency to receive disclosures similar to the
disclosures described in paragraphs (1) and (2).
``(c) Publication of Rights.--The Secretary, in partnership with
industry associations and labor organizations, shall make publicly
available both physically and online the rights that an individual who
discloses information, including security-sensitive information,
regarding problems, deficiencies, or vulnerabilities at a covered
chemical facility would have under Federal whistleblower protection
laws or this title.
``(d) Protected Information.--All information contained in a report
made under this subsection (a) shall be protected in accordance with
section 2103.
``SEC. 2106. 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.
``SEC. 2107. CFATS REGULATIONS.
``(a) General Authority.--The Secretary may, in accordance with
chapter 5 of title 5, United States Code, promulgate regulations or
amend existing CFATS regulations to implement the provisions under this
title.
``(b) Existing CFATS Regulations.--
``(1) In general.--Notwithstanding section 4(b) of the
Protecting and Securing Chemical Facilities from Terrorist
Attacks Act of 2014, each existing CFATS regulation shall
remain in effect unless the Secretary amends, consolidates, or
repeals the regulation.
``(2) Repeal.--Not later than 30 days after the date of
enactment of the Protecting and Securing Chemical Facilities
from Terrorist Attacks Act of 2014, the Secretary shall repeal
any existing CFATS regulation that the Secretary determines is
duplicative of, or conflicts with, this title.
``(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 covered
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 facilities in developing the physical
security, cybersecurity, recordkeeping, and reporting procedures
required under this title.
``(c) Report.--The Secretary shall submit to the Committee 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 may assist small covered chemical facilities in
development of physical security best practices.
``SEC. 2109. OUTREACH TO CHEMICAL FACILITIES OF INTEREST.
``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, relevant business associations, and public and private labor
organizations, to--
``(1) identify chemical facilities of interest; and
``(2) make available compliance assistance materials 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--
(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 Security 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 Department of
Homeland Security; and
(3) the term ``Secretary'' means the Secretary of Homeland
Security.
(b) Third-party Assessment.--Using amounts appropriated 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 Homeland 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 includes--
(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 Security Act
of 2002, as added by section 2, including--
(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;
(B) a certification by the Secretary that the
Secretary has developed a risk assessment approach and
corresponding tiering methodology under section
2102(e)(2) of the Homeland Security Act of 2002, as
added by section 2;
(C) an assessment by the Secretary of the
implementation by the Department of the 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); and
(D) a description of best practices that may assist
small covered chemical facilities, as defined in
section 2108(a) of the Homeland Security 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 period 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 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 Comptroller General shall submit
to Congress the second report under subparagraph (A),
which shall include an assessment of the whistleblower
protections provided under section 2105 of the Homeland
Security Act of 2002, as added by section 2, and--
(i) describes the number and type of
problems, deficiencies, and vulnerabilities
with respect to which reports have been
submitted under such section 2105;
(ii) evaluates the efforts of the Secretary
in addressing the problems, deficiencies, and
vulnerabilities described in subsection (a)(1)
of such section 2105; and
(iii) evaluates the efforts of the
Secretary to inform individuals of their
rights, as required under subsection (c) of
such section 2105.
(D) Third annual report.--Not later than 1 year
after the date on which the Comptroller General submits
the second report required 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
authorized under section 2102(c)(4) of the
Homeland Security Act of 2002, as added by
section 2; and
(ii) the report on the expedited approval
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 Department 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 Homeland Security Act
of 2002, as added by section 2(a), shall terminate on the date that is
4 years after the effective date of this Act.
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