Pl 113-254

PUBLIC LAW 113–254—DEC. 18, 2014

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PROTECTING AND SECURING CHEMICAL
FACILITIES FROM TERRORIST ATTACKS ACT
OF 2014

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128 STAT. 2898

PUBLIC LAW 113–254—DEC. 18, 2014

Public Law 113–254
113th Congress
An Act
Dec. 18, 2014
[H.R. 4007]
Protecting and
Securing
Chemical
Facilities from
Terrorist Attacks
Act of 2014.
6 USC 101 note.

To recodify and reauthorize the Chemical Facility Anti-Terrorism Standards Program.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘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:
6 USC prec. 621.

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6 USC 621.

‘‘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—

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PUBLIC LAW 113–254—DEC. 18, 2014

128 STAT. 2899

‘‘(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;

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128 STAT. 2900

PUBLIC LAW 113–254—DEC. 18, 2014
‘‘(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.

6 USC 22.

‘‘SEC. 2102. CHEMICAL FACILITY ANTI-TERRORISM STANDARDS PROGRAM.

Assessment.

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‘‘(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.—
‘‘(1) IN GENERAL.—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.
‘‘(2) EMPLOYEE INPUT.—To the greatest extent practicable,
a facility’s security vulnerability assessment and site security
plan shall include input from at least 1 facility employee and,
where applicable, 1 employee representative from the bargaining agent at that facility, each of whom possesses, in the
determination of the facility’s security officer, relevant knowledge, experience, training, or education as pertains to matters
of site security.
‘‘(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—

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PUBLIC LAW 113–254—DEC. 18, 2014

128 STAT. 2901

‘‘(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

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128 STAT. 2902

PUBLIC LAW 113–254—DEC. 18, 2014
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 riskbased performance standards.
‘‘(iii) APPLICABILITY OF OTHER LAWS TO DEVELOPMENT AND ISSUANCE OF INITIAL GUIDANCE.—During the
period before the Secretary has met the deadline under
clause (i), 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 shall not
be subject to—
‘‘(I) section 553 of title 5, United States Code;
‘‘(II) subchapter I of chapter 35 of title 44,
United States Code; or
‘‘(III) 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 riskbased 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 has been made aware of the
requirements relevant to the individual’s responsibility
contained in the site security plan and has demonstrated competency to carry out those requirements;

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PUBLIC LAW 113–254—DEC. 18, 2014

128 STAT. 2903

‘‘(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; and
‘‘(viii) the planned measures include an adequate
procedure for addressing events beyond the control
of the owner or operator in implementing any planned
measures.
‘‘(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.

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128 STAT. 2904

PUBLIC LAW 113–254—DEC. 18, 2014
‘‘(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

Certification.

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PUBLIC LAW 113–254—DEC. 18, 2014

128 STAT. 2905

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 riskbased 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).

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128 STAT. 2906

PUBLIC LAW 113–254—DEC. 18, 2014
‘‘(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) APPLICABILITY OF OTHER LAWS TO DEVELOP-

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MENT AND ISSUANCE OF INITIAL SITE SECURITY PLAN
TEMPLATES AND RELATED GUIDANCE.—During the

period before the Secretary has met the deadline under
subparagraph (B)(i), in developing and issuing, or
amending, the site security plan templates under this
subparagraph, in issuing guidance for implementation
of the templates, and in collecting information from
expedited approval facilities, the Secretary shall not
be subject to—
‘‘(I) section 553 of title 5, United States Code;
‘‘(II) subchapter I of chapter 35 of title 44,
United States Code; or
‘‘(III) 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

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128 STAT. 2907

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 and the
Committee on Energy and Commerce of the House
of Representatives a report that contains—
‘‘(I)(aa) the number of eligible facilities using
the expedited approval program authorized under
this paragraph; and
‘‘(bb) the number of facilities that are eligible
for the expedited approval program but are using
the standard process for developing and submitting
a site security plan under subsection (a)(2)(D);
‘‘(II) any costs and efficiencies associated with
the expedited approval program;
‘‘(III) the impact of the expedited approval program on the backlog for site security plan approval
and authorization inspections;
‘‘(IV) an assessment of the ability of expedited
approval facilities to submit facially sufficient site
security plans;
‘‘(V) an assessment of any impact of the expedited approval program on the security of chemical
facilities; and
‘‘(VI) 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;
‘‘(ii) nondepartmental or nongovernmental personnel approved by the Secretary; or
‘‘(iii) a combination of individuals described in
clauses (i) and (ii).

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128 STAT. 2908

‘‘(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

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Deadline.

Standards.

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PUBLIC LAW 113–254—DEC. 18, 2014

128 STAT. 2909

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 1 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—
‘‘(I) 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) shall—
‘‘(aa) accept a credential from a Federal
screening program described in subclause (I)
if an individual who is required to be screened
presents such a credential; and
‘‘(bb) address in its site security plan or
alternative security program the measures it
will take to verify that a credential or documentation from a Federal screening program
described in subclause (I) is current;
‘‘(ii) visual inspection shall be sufficient to meet
the requirement under clause (i)(II)(bb), but the facility
should consider other means of verification, consistent
with the facility’s assessment of the threat posed by
acceptance of such credentials; and
‘‘(iii) the Secretary may not require a covered
chemical facility to submit any information about an
individual unless the individual—

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128 STAT. 2910

‘‘(I) is to be vetted under the Personnel Surety
Program; or
‘‘(II) has been identified as presenting a terrorism security risk.
‘‘(C) RIGHTS UNAFFECTED.—Nothing in this section
shall supersede the ability—
‘‘(i) of a facility to maintain its own policies
regarding the access of individuals to restricted areas
or critical assets; or
‘‘(ii) of an employing facility and a bargaining
agent, where applicable, to negotiate as to how the
results of a background check may be used by the
facility with respect to employment status.
‘‘(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 severe economic consequences and
the potential loss of human life in the event of the
facility being subject to attack, compromise, infiltration, or exploitation by terrorists; and
‘‘(iii) vulnerability of the facility to attack, compromise, infiltration, or exploitation by terrorists.
‘‘(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

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128 STAT. 2911

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 and the Committee
on Energy and Commerce of the House of Representatives
a report that includes, for the period covered by the report—
‘‘(A) the number of covered chemical facilities in the
United States;
‘‘(B) information—
‘‘(i) describing—
‘‘(I) the number of instances in which the Secretary—
‘‘(aa) placed a covered chemical facility in
a lower risk tier; or
‘‘(bb) determined that a facility that had
previously met the criteria for a covered chemical facility under section 2101(3) no longer
met the criteria; and
‘‘(II) the basis, in summary form, for each
action or determination under subclause (I); and
‘‘(ii) that is provided in a sufficiently anonymized
form to ensure that the information does not identify
any specific facility or company as the source of the
information when viewed alone or in combination with
other public information;
‘‘(C) the average number of days spent reviewing site
security or an alternative security program for a covered
chemical facility prior to approval;
‘‘(D) the number of covered chemical facilities
inspected;
‘‘(E) the average number of covered chemical facilities
inspected per inspector; and
‘‘(F) any other information that the Secretary determines will be helpful to Congress in evaluating the performance of the Chemical Facility Anti-Terrorism Standards
Program.

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‘‘SEC. 2103. PROTECTION AND SHARING OF INFORMATION.

Determination.

6 USC 623.

‘‘(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, provided that such information may not be disclosed pursuant to any State or local law.
‘‘(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

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128 STAT. 2912

PUBLIC LAW 113–254—DEC. 18, 2014

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.
‘‘(f) SHARING OF INFORMATION WITH MEMBERS OF CONGRESS.—
Nothing in this section shall prohibit the Secretary from disclosing
information developed under this title to a Member of Congress
in response to a request by a Member of Congress.
‘‘SEC. 2104. CIVIL ENFORCEMENT.

6 USC 624.
Determination.
Deadlines.

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‘‘(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
remains noncompliant after the procedures outlined in paragraph (1) have been executed, or demonstrates repeated violations of this title, 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.

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PUBLIC LAW 113–254—DEC. 18, 2014

128 STAT. 2913

‘‘(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 an
imminent threat of death, serious illness, or severe personal
injury, due to a violation of this title or the risk of a terrorist
incident that may affect a chemical facility of interest, the
Secretary—
‘‘(A) shall consult with the facility, if practicable, on
steps to mitigate the risk; and
‘‘(B) may order the facility, without notice or opportunity for a hearing, effective immediately or as soon as
practicable, to—
‘‘(i) implement appropriate emergency security
measures; or
‘‘(ii) cease or reduce some or all operations, in
accordance with safe shutdown procedures, if the Secretary determines that such a cessation or reduction
of operations is the most appropriate means to address
the risk.
‘‘(2) LIMITATION ON DELEGATION.—The Secretary may not
delegate the authority under paragraph (1) to any official other
than the Under Secretary responsible for overseeing critical
infrastructure protection, cybersecurity, and other related programs of the Department appointed under section 103(a)(1)(H).
‘‘(3) LIMITATION ON AUTHORITY.—The Secretary may exercise the authority under this subsection only to the extent
necessary to abate the imminent threat determination under
paragraph (1).
‘‘(4) DUE PROCESS FOR FACILITY OWNER OR OPERATOR.—
‘‘(A) WRITTEN ORDERS.—An order issued by the Secretary under paragraph (1) shall be in the form of a written
emergency order that—
‘‘(i) describes the violation or risk that creates
the imminent threat;
‘‘(ii) states the security measures or order issued
or imposed; and
‘‘(iii) describes the standards and procedures for
obtaining relief from the order.
‘‘(B) OPPORTUNITY FOR REVIEW.—After issuing an order
under paragraph (1) with respect to a chemical facility
of interest, the Secretary shall provide for review of the
order under section 554 of title 5 if a petition for review
is filed not later than 20 days after the date on which
the Secretary issues the order.
‘‘(C) EXPIRATION OF EFFECTIVENESS OF ORDER.—If a
petition for review of an order is filed under subparagraph
(B) and the review under that paragraph is not completed
by the last day of the 30-day period beginning on the
date on which the petition is filed, the order shall vacate
automatically at the end of that period unless the Secretary
determines, in writing, that the imminent threat providing
a basis for the order continues to exist.
‘‘(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.

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Determination.

Consultation.
Effective date.

Deadline.

Time period.
Effective date.
Determination.

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128 STAT. 2914
6 USC 625.

‘‘SEC. 2105. WHISTLEBLOWER PROTECTIONS.

Public
information.

Review.

Determination.

Deadline.

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Time period.
Effective date.
Determination.

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‘‘(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 of interest may submit
a report to the Secretary regarding a violation of a requirement
under this title.
‘‘(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—
‘‘(A) shall review and consider the information provided
in any report submitted under paragraph (1); and
‘‘(B) may take action under section 2104 of this title
if necessary to address any substantiated violation of a
requirement under this title identified in the report.
‘‘(5) DUE PROCESS FOR FACILITY OWNER OR OPERATOR.—
‘‘(A) IN GENERAL.—If, upon the review described in
paragraph (4), the Secretary determines that a violation
of a provision of this title, or a regulation prescribed under
this title, has occurred, the Secretary may—
‘‘(i) institute a civil enforcement under section
2104(a) of this title; or
‘‘(ii) if the Secretary makes the determination
under section 2104(c), issue an emergency order.
‘‘(B) WRITTEN ORDERS.—The action of the Secretary
under paragraph (4) shall be in a written form that—
‘‘(i) describes the violation;
‘‘(ii) states the authority under which the Secretary
is proceeding; and
‘‘(iii) describes the standards and procedures for
obtaining relief from the order.
‘‘(C) OPPORTUNITY FOR REVIEW.—After taking action
under paragraph (4), the Secretary shall provide for review
of the action if a petition for review is filed within 20
calendar days of the date of issuance of the order for
the action.
‘‘(D) EXPIRATION OF EFFECTIVENESS OF ORDER.—If a
petition for review of an action is filed under subparagraph
(C) and the review under that subparagraph is not completed by the end of the 30-day period beginning on the
date the petition is filed, the action shall cease to be effective at the end of such period unless the Secretary determines, in writing, that the violation providing a basis for
the action continues to exist.
‘‘(6) RETALIATION PROHIBITED.—
‘‘(A) IN GENERAL.—An owner or operator of a chemical
facility of interest or agent thereof may not discharge an

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128 STAT. 2915

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.

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‘‘SEC. 2106. RELATIONSHIP TO OTHER LAWS.

Partnership.
Public
information.
Web posting.

6 USC 626.

‘‘(a) OTHER FEDERAL LAWS.—Nothing in this title shall be construed to supersede, amend, alter, or affect any Federal law that—
‘‘(1) regulates (including by requiring information to be
submitted or made available) the manufacture, distribution
in commerce, use, handling, sale, other treatment, or disposal
of chemical substances or mixtures; or
‘‘(2) authorizes or requires the disclosure of any record
or information obtained from a chemical facility under any
law other than this title.
‘‘(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.

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128 STAT. 2916
6 USC 627.

‘‘SEC. 2107. CFATS REGULATIONS.

Deadline.
Determination.

6 USC 628.

PUBLIC LAW 113–254—DEC. 18, 2014

‘‘(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.

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‘‘(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 and the Committee on
Energy and Commerce of the House of Representatives a report
on best practices that may assist small covered chemical facilities
in development of physical security best practices.

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6 USC 629.

‘‘SEC. 2109. OUTREACH TO CHEMICAL FACILITIES OF INTEREST.

Deadline.
Plans.

‘‘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:

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PUBLIC LAW 113–254—DEC. 18, 2014
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

128 STAT. 2917

‘‘TITLE XXI—CHEMICAL FACILITY ANTI–TERRORISM STANDARDS
2101. Definitions.
2102. Chemical Facility Anti-Terrorism Standards Program.
2103. Protection and sharing of information.–
2104. Civil enforcement.
2105. Whistleblower protections.
2106. Relationship to other laws.
2107. CFATS regulations.
2108. Small covered chemical facilities.
2109. Outreach to chemical facilities of interest.’’.

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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
and the Committee on Energy and Commerce of the House
of Representatives a report on the Chemical Facility AntiTerrorism 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)

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Certification.

Plans.

Certification.

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128 STAT. 2918

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 1 year
after 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).

Time period.
Effective date.

Evaluation.

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6 USC 621 note.

PUBLIC LAW 113–254—DEC. 18, 2014

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.

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PUBLIC LAW 113–254—DEC. 18, 2014

128 STAT. 2919

(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.

6 USC 621 note.

SEC. 5. TERMINATION.

6 USC 621 note.

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.

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Approved December 18, 2014.

LEGISLATIVE HISTORY—H.R. 4007:
HOUSE REPORTS: No. 113–491, Pt. 1 (Comm. on Homeland Security).
SENATE REPORTS: No. 113–263 (Comm. on Homeland Security and Governmental
Affairs).
CONGRESSIONAL RECORD, Vol. 160 (2014):
July 8, considered and passed House.
Dec. 10, considered and passed Senate, amended.
Dec. 11, House concurred in Senate amendment.

Æ

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