#aacth ,,congress #b;d ,session ,h4 ,r4 #djjg ,,an ,,act ,to recodify and reauthorize the ,chemical ,facility ,anti-,terrorism ,standards ,program4 #a4 ,short title ,this ,act may be cited as the ,chemical ,facility ,anti-,terrorism ,standards ,program ,authorization and ,accountability ,act of #bjad4 #b4 ,chemical ,facility ,anti-,terrorism ,standards ,program 7a7 ,in general ,the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja et seq47 is amended by adding at the end the following3 ,,xxi ,,chemical ,,facility ,,anti-,,terrorism ,,standards #baja4 ,chemical ,facility ,anti-,terrorism ,standards ,program 7a7 ,program established ,there is in the ,department a ,chemical ,facility ,anti-,terrorism ,standards ,program4 ,under such ,program1 the ,secretary shall establish risk-based performance standards designed to protect covered chemical facilities and chemical facilities of interest from acts of terrorism and other security risks and require such facilities to submit security vulnerability assessments and to develop and implement site security plans4 7b7 ,security measures ,site security plans required under subsection 7a7 may include layered security measures that1 in combination1 appropriately address the security vulnerability assessment and the risk-based performance standards for security for the facility4 7c7 ,approval or disapproval of site security plans 7#a7 ,in general ,the ,secretary shall review and approve or disapprove each security vulnerability assessment and site security plan under subsection 7a74 ,the ,secretary may not disapprove a site security plan based on the presence or absence of a particular security measure1 but the ,secretary shall disapprove a site security plan if the plan fails to satisfy the risk-based performance standards established under subsection 7a74 7#b7 ,alternative security programs ,the ,secretary may approve an alternative security program established by a private sector entity or a ,federal1 ,state1 or local authority or pursuant to other applicable laws1 if the ,secretary determines that the requirements of such program meet the requirements of this section4 ,a covered chemical facility may meet the site security plan requirement under subsection 7a7 by adopting an alternative security program that has been reviewed and approved by the ,secretary under this paragraph4 7#c7 ,site security plan assessments ,in approving or disapproving a site security plan under this subsection1 the ,secretary shall employ the risk assessment policies and procedures developed under this title4 ,in the case of a covered chemical facility for which a site security plan has been approved by the ,secretary before the date of the enactment of this title1 the ,secretary may not require the resubmission of the site security information solely by reason of the enactment of this title4 7#d7 ,consultation ,the ,secretary may consult with the ,government ,accountability ,office to investigate the feasibility and applicability a third party accreditation program that would work with industry stakeholders to develop site security plans that may be applicable to all similarly situated facilities4 ,the program would include the development of ,program-,specific ,handbooks for facilities to reference on site4 7d7 ,compliance 7#a7 ,audits and inspections 7,a7 ,in general ,the ,secretary shall conduct the audit and inspection of covered chemical facilities for the purpose of determining compliance with this ,act4 ,the audit and inspection may be carried out by a non-,department or nongovernment entity1 as approved by the ,secretary4 7,b7 ,reporting structure ,any audit or inspection conducted by an individual employed by a nongovernment entity shall be assigned in coordination with the head of audits and inspections for the region in which the audit or inspection is to be conducted4 ,when in the field1 any individual employed by a nongovernment entity shall report to the respective head of audits and inspections for the region in which the individual is operating4 7,c7 ,requirements for nongovernment personnel ,if the ,secretary arranges for an audit or inspection under subparagraph 7,a7 to be carried out by a nongovernment entity1 the ,secretary shall require1 as a condition of such arrangement1 that any individual who conducts the audit or inspection be a citizen of the ,united ,states and shall prescribe standards for the qualification of the individuals who carry out such audits and inspections that are commensurate with the standards for a ,government auditor or inspector4 ,such standards shall include-- 7i7 minimum training requirements for new auditors or inspectors2 7ii7 retraining requirements2 7iii7 minimum education and experience levels2 7iv7 the submission of information as required by the ,secretary to enable determination of whether the auditor or inspector has a conflict of interest2 7v7 the maintenance of a secret security clearance2 7vi7 reporting any issue of non-compliance with this section to the ,secretary within #bd hours2 and 7vii7 any additional qualifications for fitness of duty as the ,secretary may establish4 7,d7 ,training of ,department auditors and inspectors ,the ,secretary shall prescribe standards for the training and retraining of individuals employed by the ,department as auditors and inspectors4 ,such standards shall include-- 7i7 minimum training requirements for new auditors and inspectors2 7ii7 retraining requirements2 and 7iii7 any additional requirements the ,secretary may establish4 7#b7 ,notice of noncompliance 7,a7 ,notice ,if the ,secretary determines that a covered chemical facility or a chemical facility of interest is not in compliance with this section1 the ,secretary shall-- 7i7 provide the owner or operator of the facility with-- 7,i7 written notification 7including a clear explanation of any deficiency in the security vulnerability assessment or site security plan7 by not later than #ad days after the determination is made2 and 7,,ii7 an opportunity for consultation with the ,secretary or the ,secretary's designee2 and 7ii7 issue an order to comply by such date as the ,secretary determines to be appropriate under the circumstances4 7,b7 ,continued noncompliance ,if the owner or operator continues to be in noncompliance after the date specified in such order1 the ,secretary may enter an order assessing a civil penalty1 an order to cease operations1 or both4 7#c7 ,personnel surety 7,a7 ,personnel surety program ,for purposes of this title1 the ,secretary shall carry out a ,personnel ,surety ,program that-- 7i7 does not require an owner or operator of a covered chemical facility that voluntarily participates to submit information about an individual more than one time2 7ii7 provides a participating owner or operator of a covered chemical facility with feedback about an individual based on vetting the individual against the terrorist screening database1 to the extent that such feedback is necessary for the facility's compliance with regulations promulgated under this title2 and 7iii7 provides redress to an individual whose information was vetted against the terrorist screening database under the program and who believes that the personally identifiable information submitted to the ,department for such vetting by a covered chemical facility1 or its designated representative1 was inaccurate4 7,b7 ,personnel surety implementation ,to the extent that a risk-based performance standard under subsection 7a7 is directed toward identifying individuals with terrorist ties-- 7i7 a covered chemical facility may satisfy its obligation under such standard with respect to an individual by utilizing any ,federal screening program that periodically vets individuals against the terrorist screening database1 or any successor1 including the ,personnel ,surety ,program under subparagraph 7,a72 and 7ii7 the ,secretary may not require a covered chemical facility to submit any information about such individual unless the individual-- 7,i7 is vetted under the ,personnel ,surety ,program2 or 7,,ii7 has been identified as presenting a terrorism security risk4 7,c7 ,responsibilities of ,security ,screening ,coordination ,office 7i7 ,in general ,the ,secretary shall direct the ,security ,screening ,coordination ,office of the ,department to coordinate with the ,national ,protection and ,programs ,directorate to expedite the development of a common credential that screens against the terrorist screening database on a recurrent basis and meets all other screening requirements of this title4 7ii7 ,report ,not later than ,march #a1 #bjae1 and annually thereafter1 the ,secretary shall submit to ,congress a report on the progress of the ,secretary in meeting the requirements of clause 7i74 7#d7 ,facility access ,for purposes of the compliance of a covered chemical facility with a risk-based performance standard established under subsection 7a71 the ,secretary may not require the facility to submit any information about an individual who has been granted access to the facility unless the individual-- 7,a7 was vetted under the ,personnel ,surety ,program2 or 7,b7 has been identified as presenting a terrorism security risk4 7#e7 ,availability of information ,the ,secretary shall share with the owner or operator of a covered chemical facility such information as the owner or operator needs to comply with this section4 7e7 ,responsibilities of the ,secretary 7#a7 ,identification of facilities of interest ,in carrying out this title1 the ,secretary shall consult with the heads of other ,federal agencies1 ,states and political subdivisions thereof1 and relevant business associations to identify all chemical facilities of interest4 7#b7 ,risk assessment 7,a7 ,in general ,for purposes of this title1 the ,secretary shall develop a risk assessment approach and corresponding tiering methodology that incorporates all relevant elements of risk1 including threat1 vulnerability1 and consequence4 7,b7 ,criteria for determining security risk ,the criteria for determining the security risk of terrorism associated with a facility shall include-- 7i7 the relevant threat information2 7ii7 the potential economic consequences and the potential loss of human life in the event of the facility being subject to a terrorist attack1 compromise1 infiltration1 or exploitation2 and 7iii7 the vulnerability of the facility to a terrorist attack1 compromise1 infiltration1 or exploitation4 7#c7 ,changes in tiering ,any time that tiering for a covered chemical facility is changed and the facility is determined to no longer be subject to the requirements of this title1 the ,secretary shall maintain records to reflect the basis for this determination4 ,the records shall include information on whether and how the information that was the basis for the determination was confirmed by the ,secretary4 7f7 ,definitions ,in this title3 7#a7 ,the term covered chemical facility means a facility that the ,secretary identifies as a chemical facility of interest and1 based upon review of a ,top-,screen1 as such term is defined in section #bg4aje of title #f of ,code of ,federal ,regulations1 determines meets the risk criteria developed pursuant subsection 7e77#b77;,b74 ,such term does not include any of the following3 7,a7 ,a facility regulated pursuant to the ,maritime ,transportation ,security ,act of #bjjb 7,public ,law #ajg-bie74 7,b7 ,a ,public ,water ,system1 as such term is defined by section #adja of the ,safe ,drinking ,water ,act 7,public ,law #ic-ebc2 #db ,u4,s4,c4 #cjj;f74 7,c7 ,a ,treatment ,works1 as such term is defined in section #bab of the ,federal ,water ,pollution ,control ,act 7,public ,law #ib-ejj2 #cc ,u4,s4,c4 #abibj74 7,d7 ,any facility owned or operated by the ,department of ,defense or the ,department of ,energy4 7,e7 ,any facility subject to regulation by the ,nuclear ,regulatory ,commission4 7#b7 ,the term chemical facility of interest means a facility that holds1 or that the ,secretary has a reasonable basis to believe holds1 a ,chemical of ,interest1 as designated under in ,appendix ,a of title #f of the ,code of ,federal ,regulations1 at a threshold quantity that meets relevant risk-related criteria developed pursuant to subsection 7e77#b77;,b74 #bajb4 ,protection and sharing of information 7a7 ,in general ,notwithstanding any other provision of law1 information developed pursuant to this title1 including vulnerability assessments1 site security plans1 and other security related information1 records1 and documents shall be given protections from public disclosure consistent with similar information developed by chemical facilities subject to regulation under section #gjajc of title #df1 ,united ,states ,code4 7b7 ,sharing of information with ,states and local governments ,this section does not prohibit the sharing of information developed pursuant to this title1 as the ,secretary deems appropriate1 with ,state and local government officials possessing the necessary security clearances1 including law enforcement officials and first responders1 for the purpose of carrying out this title1 if such information may not be disclosed pursuant to any ,state or local law4 7c7 ,sharing of information with first responders ,the ,secretary shall provide to ,state1 local1 and regional fusion centers 7as such term is defined in section #baj;,a7j77#a7 of this ,act7 and ,state and local government officials1 as determined appropriate by the ,secretary1 such information as is necessary to help ensure that first responders are properly prepared and provided with the situational awareness needed to respond to incidents at covered chemical facilities4 ,such information shall be disseminated through the ,homeland ,security ,information ,network or the ,homeland ,secure ,data ,network1 as appropriate4 7d7 ,enforcement proceedings ,in any proceeding to enforce this section1 vulnerability assessments1 site security plans1 and other information submitted to or obtained by the ,secretary under this section1 and related vulnerability or security information1 shall be treated as if the information were classified material4 #bajc4 ,civil penalties 7a7 ,violations ,any person who violates an order issued under this title shall be liable for a civil penalty under section #gjaai7;a7 of title #df1 ,united ,states ,code4 7b7 ,right of action ,nothing in this title confers upon any person except the ,secretary a right of action against an owner or operator of a covered chemical facility to enforce any provision of this title4 #bajd4 ,whistleblower protections ,the ,secretary shall publish on the ,internet website of the ,department and in other materials made available to the public the whistleblower protections that an individual providing such information would have4 #baje4 ,relationship to other laws 7a7 ,other ,federal laws ,nothing in this title shall be construed to supersede1 amend1 alter1 or affect any ,federal law that regulates the manufacture1 distribution in commerce1 use1 sale1 other treatment1 or disposal of chemical substances or mixtures4 7b7 ,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 regulation1 requirement1 or standard of performance with respect to chemical facility security that is more stringent than a regulation1 requirement1 or standard of performance issued under this section1 or otherwise impair any right or jurisdiction of any ,state with respect to chemical facilities within that ,state1 unless there is an actual conflict between this section and the law of that ,state4 7c7 ,rail transit 7#a7 ,duplicative regulations ,the ,secretary shall coordinate with the ,assistant ,secretary of ,homeland ,security 7,transportation ,security ,administration7 to eliminate any provision of this title applicable to rail security that would duplicate any security measure under the ,rail ,transportation ,security ,rule under section #aehj of title #di of the ,code of ,federal ,regulations1 as in effect as of the date of the enactment of this title4 ,to the extent that there is a conflict between this title and any regulation under the jurisdiction of the ,transportation ,security ,administration1 the regulation under the jurisdiction of the ,transportation ,security ,administration shall prevail4 7#b7 ,exemption from ,top-,screen ,a rail transit facility or a rail facility1 as such terms are defined in section #aehj4c of title #di of the ,code of ,federal ,regulations1 to which subpart #c of such title applies pursuant to section #aehj4ajj of such title shall not be required to complete a ,top-,screen as such term is defined in section #bg4aje of title #f of the ,code of ,federal ,regulations4 #bajf4 ,reports 7a7 ,report to ,congress ,not later than #ah months after the date of the enactment of this title1 the ,secretary shall submit to ,congress a report on the ,chemical ,facilities ,anti-,terrorism ,standards ,program4 ,such report shall include each of the following3 7#a7 ,certification by the ,secretary that the ,secretary has made significant progress in the identification of all chemical facilities of interest pursuant to section #baja7;e77#a71 including a description of the steps taken to achieve such progress and the metrics used to measure it1 information on whether facilities that submitted ,top-,screens as a result of such efforts were tiered and in what tiers they were placed1 and an action plan to better identify chemical facilities of interest and bring those facilities into compliance4 7#b7 ,certification by the ,secretary that the ,secretary has developed a risk assessment approach and corresponding tiering methodology pursuant to section #baja7;e77#b74 7#c7 ,an assessment by the ,secretary of the implementation by the ,department of any recommendations made by the ,homeland ,security ,studies and ,analysis ,institute as outlined in the ,institute's ,tiering ,methodology ,peer ,review 7,publication ,number3 ,,rp#ab-bb-jb74 7b7 ,semiannual ,,gao report ,during the #c-year period beginning on the date of the enactment of this title1 the ,comptroller ,general of the ,united ,states shall submit a semiannual report to ,congress containing the assessment of the ,comptroller ,general of the implementation of this title4 ,the ,comptroller ,general shall submit the first such report by not later than the date that is #ahj days after the date of the enactment of this title4 #bajg4 ,,cfats regulations 7a7 ,in general ,the ,secretary is authorized1 in accordance with chapter #e of title #e1 ,united ,states ,code1 to promulgate regulations implementing the provisions of this title4 7b7 ,existing ,,cfats regulations ,in carrying out the requirements of this title1 the ,secretary shall use the ,,cfats regulations1 as in effect immediately before the date of the enactment of this title1 that the ,secretary determines carry out such requirements1 and may issue new regulations or amend such regulations pursuant to the authority in subsection 7a74 7c7 ,definition of ,,cfats regulations ,in this section1 the term ,,cfats regulations means the regulations prescribed pursuant to section #eej of the ,department of ,homeland ,security ,appropriations ,act1 #bjjg 7,public ,law #aji-bie2 #abj ,stat4 #achh2 #f ,u4,s4,c4 #aba note71 as well as all ,federal ,register notices and other published guidance concerning section #eej of the ,department of ,homeland ,security ,appropriations ,act1 #bjjg4 7d7 ,authority ,the ,secretary shall exclusively rely upon authority provided in this title for determining compliance with this title in-- 7#a7 identifying chemicals of interest2 7#b7 designating chemicals of interest2 and 7#c7 determining security risk associated with a chemical facility4 #bajh4 ,small covered chemical facilities 7a7 ,in general ,the ,secretary may provide guidance and1 as appropriate1 tools1 methodologies1 or computer software1 to assist small covered chemical facilities in developing their physical security4 7b7 ,report ,the ,secretary shall submit to the ,committee on ,homeland ,security of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate a report on best practices that may assist small chemical facilities1 as defined by the ,secretary1 in development of physical security best practices4 7c7 ,definition ,for purposes of this section1 the term small covered chemical facility means a covered chemical facility that has fewer than #cej employees employed at the covered chemical facility1 and is not a branch or subsidiary of another entity4 #baji4 ,outreach to chemical facilities of interest ,not later than #ij days after the date of the enactment of this title1 the ,secretary shall establish an outreach implementation plan1 in coordination with the heads of other appropriate ,federal and ,state agencies and relevant business associations1 to identify chemical facilities of interest and make available compliance assistance materials and information on education and training4 #baaj4 ,authorization of appropriations ,there is authorized to be appropriated to carry out this title #ha1jjj1jjj for each of fiscal years #bjae1 #bjaf1 and #bjag4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of such ,act is amended by adding at the end the following3 ,,title ,,xxi--,,chemical ,,facility ,,anti-,,terrorism ,,standards ,sec4 #baja4 ,chemical ,facility ,anti-,terrorism ,standards ,program4 ,sec4 #bajb4 ,protection and sharing of information4 ,sec4 #bajc4 ,civil penalties4 ,sec4 #bajd4 ,whistleblower protections4 ,sec4 #baje4 ,relationship to other laws4 ,sec4 #bajf4 ,reports4 ,sec4 #bajg4 ,,cfats regulations4 ,sec4 #bajh4 ,small covered chemical facilities4 ,sec4 #baji4 ,outreach to chemical facilities of interest4 ,sec4 #baaj4 ,authorization of appropriations4 4 7c7 ,third-party assessment ,using amounts authorized to be appropriated under section #baaj of the ,homeland ,security ,act of #bjjb1 as added by subsection 7a71 the ,secretary of ,homeland ,security shall commission a third-party study to assess vulnerabilities to acts of terrorism associated with the ,chemical ,facility ,anti-,terrorism ,standards program1 as authorized pursuant to section #eej of the ,department of ,homeland ,security ,appropriations ,act1 #bjjg 7,public ,law #aji-bie2 #abj ,stat4 #achh2 #f ,u4,s4,c4 #aba note74 7d7 ,metrics ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall submit to ,congress a plan for the utilization of metrics to assess the effectiveness of the ,chemical ,facility ,anti-,terrorism ,standards program to reduce the risk of a terrorist attack or other security risk to those citizens and communities surrounding covered chemical facilities4 ,the plan shall include benchmarks on when the program will begin utilizing the metrics and how the ,department of ,homeland ,security plans to use the information to inform the program4 #c4 ,effective date ,this ,act1 and the amendments made by this ,act1 shall take effect on the date that is #cj days after the date of the enactment of this ,act4 ,passed the ,house of ,representatives ,july #h1 #bjad4;,clerk4