[Congressional Record Volume 160, Number 150 (Wednesday, December 10, 2014)]
[Senate]
[Pages S6481-S6486]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




PROTECTING AND SECURING CHEMICAL FACILITIES FROM TERRORIST ATTACKS ACT 
                                OF 2014

  Mrs. BOXER. I ask unanimous consent that the Senate proceed to the

[[Page S6482]]

consideration of Calendar No. 578, H.R. 4007.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (H.R. 4007) to recodify and reauthorize the Chemical 
     Facility and Anti-Terrorism Standards Program.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Homeland Security and 
Governmental Affairs, with an amendment to strike all after the 
enacting clause and insert in lieu thereof the following:

     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

[[Page S6483]]

     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.--

[[Page S6484]]

       ``(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

[[Page S6485]]

     (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.''.

[[Page S6486]]

       (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.

  Mrs. BOXER. Madam President, I ask unanimous consent that the 
committee-reported substitute amendment be considered; the Carper-
Coburn amendment, which is at the desk, be agreed to; the committee 
substitute, as amended, be agreed to; the bill, as amended, be read a 
third time and the Senate proceed to vote on passage of the bill, as 
amended.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4000) was agreed to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The committee-reported amendment in the nature of a substitute, as 
amended, was agreed to.
  The amendments were ordered to be engrossed and the bill to be read a 
third time.
  The bill was read the third time.
  The PRESIDING OFFICER. The bill having been read the third time, the 
question is, Shall the bill pass?
  The bill (H.R. 4007), as amended, was passed.
  Mrs. BOXER. Madam President, I ask unanimous consent that the motion 
to reconsider be considered made and laid upon the table with no 
intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________