,,ii ,calendar ,no4 #egh #aacth ,,congress #b;d ,session ,h4 ,r4 #djjg ,report ,no4 #aac-bfc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #i1 #bjad,received2 read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,september #ah1 #bjad,reported by ,mr4 ,carper1 with an amendment,strike out all after the enacting clause and insert the part printed in italic ,,an ,,act ,to recodify and reauthorize the ,chemical ,facility ,anti-,terrorism ,standards ,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 ,s,t,a,n,d,a,r,d,s,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 #a4 ,short title ,this ,act may be cited as the ,protecting and ,securing ,chemical ,facilities from ,terrorist ,attacks ,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 ,definitions ,in this title-- 7#a7 the term ,,cfats regulation means-- 7,a7 an existing ,c,f,a,ts regulation2 and 7,b7 any regulation or amendment to an existing ,,cfats regulation issued pursuant to the authority under section #bajg2 7#b7 the term chemical facility of interest means a facility that-- 7,a7 holds1 or that the ,secretary has a reasonable basis to believe holds1 a chemical of interest1 as designated under ,appendix ,a to part #bg of title #f1 ,code of ,federal ,regulations1 or any successor thereto1 at a threshold quantity set pursuant to relevant risk-related security principles2 and 7,b7 is not an excluded facility2 7#c7 the term covered chemical facility means a facility that-- 7,a7 the ,secretary-- 7i7 identifies as a chemical facility of interest2 and 7ii7 based upon review of the facility's ,top-,screen1 determines meets the risk criteria developed under section #bajb7;e77#b77;,b72 and 7,b7 is not an excluded facility2 7#d7 the term excluded facility means-- 7,a7 a facility regulated under the ,maritime ,transportation ,security ,act of #bjjb 7,public ,law #ajg-bie2 #aaf ,stat4 #bjfd72 7,b7 a public water system1 as that term is defined in section #adja of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f72 7,c7 a ,treatment ,works1 as that term is defined in section #bab of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abib72 7,d7 a facility owned or operated by the ,department of ,defense or the ,department of ,energy2 or 7,e7 a facility subject to regulation by the ,nuclear ,regulatory ,commission1 or by a ,state that has entered into an agreement with the ,nuclear ,regulatory ,commission under section #bgd b4 of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bjba7;b77 to protect against unauthorized access of any material1 activity1 or structure licensed by the ,nuclear ,regulatory ,commission2 7#e7 the term existing ,,cfats regulation means-- 7,a7 a regulation promulgated under section #eej of the ,department of ,homeland ,security ,appropriations ,act1 #bjjg 7,public ,law #aji-bie2 #f ,u4,s4,c4 #aba note7 that is in effect on the day before the date of enactment of the ,protecting and ,securing ,chemical ,facilities from ,terrorist ,attacks ,act of #bjad2 and 7,b7 a ,federal ,register notice or other published guidance relating to section #eej of the ,department of ,homeland ,security ,appropriations ,act1 #bjjg that is in effect on the day before the date of enactment of the ,protecting and ,securing ,chemical ,facilities from ,terrorist ,attacks ,act of #bjad2 7#f7 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 #bajb7;c77#d72 7#g7 the term facially deficient1 relating to a site security plan1 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 facility1 based on a review of-- 7,a7 the facility's site security plan2 7,b7 the facility's ,top-,screen2 7,c7 the facility's security vulnerability assessment2 or 7,d7 any other information that-- 7i7 the facility submits to the ,department2 or 7ii7 the ,department obtains from a public source or other source2 7#h7 the term guidance for expedited approval facilities means the guidance issued under section #bajb7;c77#d77;,b77i72 7#i7 the term risk assessment means the ,secretary's application of relevant risk criteria identified in section #bajb7;e77#b77;,b72 7#aj7 the term terrorist screening database means the terrorist screening database maintained by the ,federal ,government ,terrorist ,screening ,center or its successor2 7#aa7 the term tier has the meaning given the term in section #bg4aje of title #f1 ,code of ,federal ,regulations1 or any successor thereto2 7#ab7 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 facility2 7#ac7 the term ,top-,screen has the meaning given the term in section #bg4aje of title #f1 ,code of ,federal ,regulations1 or any successor thereto2 and 7#ad7 the term vulnerability assessment means the identification of weaknesses in the security of a chemical facility of interest4 #bajb4 ,chemical facility anti-terrorism standards program 7a7 ,program established 7#a7 ,in general ,there is in the ,department a ,chemical ,facility ,anti-,terrorism ,standards ,program4 7#b7 ,requirements ,in carrying out the ,chemical ,facility ,anti-,terrorism ,standards ,program1 the ,secretary shall-- 7,a7 identify-- 7i7 chemical facilities of interest2 and 7ii7 covered chemical facilities2 7,b7 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 facility2 7,c7 establish risk-based performance standards designed to address high levels of security risk at covered chemical facilities2 and 7,d7 require each covered chemical facility to-- 7i7 submit a security vulnerability assessment2 and 7ii7 develop1 submit1 and implement a site security plan4 7b7 ,security measures ,a facility1 in developing a site security plan as required under subsection 7a71 shall include 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 7,a7 ,review ,except as provided in paragraph 7#d71 the ,secretary shall review and approve or disapprove each site security plan submitted pursuant to subsection 7a74 7,b7 ,bases for disapproval ,the ,secretary-- 7i7 may not disapprove a site security plan based on the presence or absence of a particular security measure2 and 7ii7 shall disapprove a site security plan if the plan fails to satisfy the risk-based performance standards established pursuant to subsection 7a77#b77;,c74 7#b7 ,alternative security programs 7,a7 ,authority to approve 7i7 ,in general ,the ,secretary may approve an alternative security program established by a private sector entity or a ,federal1 ,state1 or local authority or under other applicable laws1 if the ,secretary determines that the requirements of the program meet the requirements under this section4 7ii7 ,additional security measures ,if the requirements of an alternative security program do not meet the requirements under this section1 the ,secretary may recommend additional security measures to the program that will enable the ,secretary to approve the program4 7,b7 ,satisfaction of site security plan requirement ,a covered chemical facility may satisfy the site security plan requirement under subsection 7a7 by adopting an alternative security program that the ,secretary has-- 7i7 reviewed and approved under subparagraph 7,a72 and 7ii7 determined to be appropriate for the operations and security concerns of the covered chemical facility4 7#c7 ,site security plan assessments 7,a7 ,risk assessment policies and procedures ,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 7,b7 ,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 #bjad1 the ,secretary may not require the facility to resubmit the site security plan solely by reason of the enactment of this title4 7#d7 ,expedited approval program 7,a7 ,in general ,a covered chemical facility assigned to tier #c or #d may meet the requirement to develop and submit a site security plan under subsection 7a77#b77;,d7 by developing and submitting to the ,secretary-- 7i7 a site security plan and the certification described in subparagraph 7,c72 or 7ii7 a site security plan in conformance with a template authorized under subparagraph 7,h74 7,b7 ,guidance for expedited approval facilities 7i7 ,in general ,not later than #ahj days after the date of enactment of the ,protecting and ,securing ,chemical ,facilities from ,terrorist ,attacks ,act of #bjad1 the ,secretary shall issue guidance for expedited approval facilities that identifies specific security measures that are sufficient to meet the risk-based performance standards4 7ii7 ,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 facilities1 the site security plan shall include an explanation of how such security measure meets the risk-based performance standards4 7iii7 ,process ,in developing and issuing1 or amending1 the guidance for expedited approval facilities under this subparagraph and in collecting information from expedited approval facilities1 the ,secretary-- 7,i7 shall consult with-- 7aa7 ,sector ,coordinating ,councils established under sections #bja and #hga7;a72 and 7bb7 appropriate labor organizations2 and 7,,ii7 shall not be subject to section #eec of title #e1 ,united ,states ,code1 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 subchapter ,i of chapter #ce of title #dd1 ,united ,states ,code1 or section #bajg7;b7 of this title4 7,c7 ,certification ,the owner or operator of an expedited approval facility shall submit to the ,secretary a certification1 signed under penalty of perjury1 that-- 7i7 the owner or operator is familiar with the requirements of this title and part #bg of title #f1 ,code of ,federal ,regulations1 or any successor thereto1 and the site security plan being submitted2 7ii7 the site security plan includes the security measures required by subsection 7b72 7iii7 7,i7 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 plan2 7,,ii7 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 assigned2 and 7,,iii7 the owner or operator has provided an explanation of how the site security plan meets the risk-based performance standards for any material deviation2 7iv7 the owner or operator has visited1 examined1 documented1 and verified that the expedited approval facility meets the criteria set forth in the site security plan2 7v7 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 plan2 7vi7 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 requirements2 and 7vii7 the owner or operator has committed1 or1 in the case of planned measures will commit1 the necessary resources to fully implement the site security plan4 7,d7 ,deadline 7i7 ,in general ,not later than #abj days after the date described in clause 7ii71 the owner or operator of an expedited approval facility shall submit to the ,secretary the site security plan and the certification described in subparagraph 7,c74 7ii7 ,date ,the date described in this clause is-- 7,i7 for an expedited approval facility that was assigned to tier #c or #d under existing ,,cfats regulations before the date of enactment of the ,protecting and ,securing ,chemical ,facilities from ,terrorist ,attacks ,act of #bjad1 the date that is #baj days after the date of enactment of that ,act2 and 7,,ii7 for any expedited approval facility not described in subclause 7,i71 the later of-- 7aa7 the date on which the expedited approval facility is assigned to tier #c or #d under subsection 7e77#b77;,a72 or 7bb7 the date that is #baj days after the date of enactment of the ,protecting and ,securing ,chemical ,facilities from ,terrorist ,attacks ,act of #bjad4 7iii7 ,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 #cj days before the date on which the owner or operator submits the site security plan and certification described in subparagraph 7,c74 7,e7 ,compliance 7i7 ,in general ,for an expedited approval facility submitting a site security plan and certification in accordance with subparagraphs 7,a71 7,b71 7,c71 and 7,d7-- 7,i7 the expedited approval facility shall comply with all of the requirements of its site security plan2 and 7,,ii7 the ,secretary-- 7aa7 except as provided in subparagraph 7,g71 may not disapprove the site security plan2 and 7bb7 may audit and inspect the expedited approval facility under subsection 7d7 to verify compliance with its site security plan4 7ii7 ,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 title1 the ,secretary may enforce compliance in accordance with section #bajd4 7,f7 ,amendments to site security plan 7i7 ,requirement 7,i7 ,in general ,if the owner or operator of an expedited approval facility amends a site security plan submitted under subparagraph 7,a71 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 7,c74 7,,ii7 ,technical amendments ,for purposes of this clause1 an amendment to a site security plan includes any technical amendment to the site security plan4 7ii7 ,amendment required ,the owner or operator of an expedited approval facility shall amend the site security plan if-- 7,i7 there is a change in the design1 construction1 operation1 or maintenance of the expedited approval facility that affects the site security plan2 7,,ii7 the ,secretary requires additional security measures or suspends a certification and recommends additional security measures under subparagraph 7,g72 or 7,,iii7 the owner or operator receives notice from the ,secretary of a change in tiering under subsection 7e77#c74 7iii7 ,deadline ,an amended site security plan and certification shall be submitted under clause 7i7-- 7,i7 in the case of a change in design1 construction1 operation1 or maintenance of the expedited approval facility that affects the security plan1 not later than #abj days after the date on which the change in design1 construction1 operation1 or maintenance occurred2 7,,ii7 in the case of the ,secretary requiring additional security measures or suspending a certification and recommending additional security measures under subparagraph 7,g71 not later than #abj 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 measures2 and 7,,iii7 in the case of a change in tiering1 not later than #abj days after the date on which the owner or operator receives notice under subsection 7e77#c74 7,g7 ,facially deficient site security plans 7i7 ,prohibition ,notwithstanding subparagraph 7,a7 or 7,e71 the ,secretary may suspend the authority of a covered chemical facility to certify a site security plan if the ,secretary-- 7,i7 determines the certified site security plan or an amended site security plan is facially deficient2 and 7,,ii7 not later than #ajj days after the date on which the ,secretary receives the site security plan and certification1 provides the covered chemical facility with written notification that the site security plan is facially deficient1 including a clear explanation of each deficiency in the site security plan4 7ii7 ,additional security measures 7,i7 ,in general ,if1 during or after a compliance inspection of an expedited approval facility1 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 misrepresentation1 omission1 or an inadequate description of the site1 the ,secretary may-- 7aa7 require additional security measures2 or 7bb7 suspend the certification of the facility4 7,,ii7 ,recommendation of additional security measures ,if the ,secretary suspends the certification of an expedited approval facility under subclause 7,i71 the ,secretary shall-- 7aa7 recommend specific additional security measures that1 if made part of the site security plan by the facility1 would enable the ,secretary to approve the site security plan2 and 7bb7 provide the facility an opportunity to submit a new or modified site security plan and certification under subparagraph 7,a74 7,,iii7 ,submission2 review ,if an expedited approval facility determines to submit a new or modified site security plan and certification as authorized under subclause 7,,ii77bb7-- 7aa7 not later than #ij days after the date on which the facility receives recommendations under subclause 7,,ii77aa71 the facility shall submit the new or modified plan and certification2 and 7bb7 not later than #de days after the date on which the ,secretary receives the new or modified plan under item 7aa71 the ,secretary shall review the plan and determine whether the plan is facially deficient4 7,,iv7 ,determination not to include additional security measures 7aa7 ,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 7,,ii77aa71 or does not submit a new or modified site security plan in accordance with subclause 7,,iii71 the ,secretary may revoke the certification of the facility by issuing an order under section #bajd7;a77#a77;,b74 7bb7 ,effect of revocation ,if the ,secretary revokes the certification of an expedited approval facility under item 7aa7 by issuing an order under section #bajd7;a77#a77;,b7-- 7,,aa7 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 7c77#a72 and 7,,bb7 the facility shall no longer be eligible to certify a site security plan under this paragraph4 7,v7 ,facial deficiency ,if the ,secretary determines that a new or modified site security plan submitted by an expedited approval facility under subclause 7,,iii7 is facially deficient-- 7aa7 not later than #abj days after the date of the determination1 the owner or operator of the facility shall submit a site security plan or alternative security program for review by the ,secretary under subsection 7c77#a72 and 7bb7 the facility shall no longer be eligible to certify a site security plan under this paragraph4 7,h7 ,templates 7i7 ,in general ,the ,secretary may develop prescriptive site security plan templates with specific security measures to meet the risk-based performance standards under subsection 7a77#b77;,c7 for adoption and certification by a covered chemical facility assigned to tier #c or #d in lieu of developing and certifying its own plan4 7ii7 ,process ,in developing and issuing1 or amending1 the site security plan templates under this subparagraph1 issuing guidance for implementation of the templates1 and in collecting information from expedited approval facilities1 the ,secretary-- 7,i7 shall consult with-- 7aa7 ,sector ,coordinating ,councils established under sections #bja and #hga7;a72 and 7bb7 appropriate labor organizations2 and 7,,ii7 shall not be subject to section #eec of title #e1 ,united ,states ,code1 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 subchapter ,i of chapter #ce of title #dd1 ,united ,states ,code1 or section #bajg7;b7 of this title4 7iii7 ,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 7,a74 7,i7 ,evaluation 7i7 ,in general ,not later than #ah months after the date of enactment of the ,protecting and ,securing ,chemical ,facilities from ,terrorist ,attacks ,act of #bjad1 the ,secretary shall take any appropriate action necessary for a full evaluation of the expedited approval program authorized under this paragraph1 including conducting an appropriate number of inspections1 as authorized under subsection 7d71 of expedited approval facilities4 7ii7 ,report ,not later than #ah months after the date of enactment of the ,protecting and ,securing ,chemical ,facilities from ,terrorist ,attacks ,act of #bjad1 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-- 7,i7 any costs and efficiencies associated with the expedited approval program authorized under this paragraph2 7,,ii7 the impact of the expedited approval program on the backlog for site security plan approval and authorization inspections2 7,,iii7 an assessment of the ability of expedited approval facilities to submit facially sufficient site security plans2 7,,iv7 an assessment of any impact of the expedited approval program on the security of chemical facilities2 and 7,v7 a recommendation by the ,secretary on the frequency of compliance inspections that may be required for expedited approval facilities4 7d7 ,compliance 7#a7 ,audits and inspections 7,a7 ,definitions ,in this paragraph-- 7i7 the term nondepartmental-- 7,i7 with respect to personnel1 means personnel that is not employed by the ,department2 and 7,,ii7 with respect to an entity1 means an entity that is not a component or other authority of the ,department2 and 7ii7 the term nongovernmental-- 7,i7 with respect to personnel1 means personnel that is not employed by the ,federal ,government2 and 7,,ii7 with respect to an entity1 means an entity that is not an agency1 department1 or other authority of the ,federal ,government4 7,b7 ,authority to conduct audits and inspections ,the ,secretary shall conduct audits or inspections under this title using-- 7i7 employees of the ,department2 or 7ii7 nondepartmental or nongovernmental personnel approved by the ,secretary4 7,c7 ,support personnel ,the ,secretary may use nongovernmental personnel to provide administrative and logistical services in support of audits and inspections under this title4 7,d7 ,reporting structure 7i7 ,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 conducted4 7ii7 ,requirement to report ,while an individual employed by a nondepartmental or nongovernmental entity is in the field conducting an audit or inspection under this subsection1 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 operating4 7iii7 ,approval ,the authority to approve a site security plan under subsection 7c7 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 ,department4 7,e7 ,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 inspector1 including each individual employed by the ,department and all nondepartmental or nongovernmental personnel1 including-- 7i7 minimum training requirements for new auditors and 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 proper certification or certifications necessary to handle chemical-terrorism vulnerability information 7as defined in section #bg4aje of title #f1 ,code of ,federal ,regulations1 or any successor thereto72 7vi7 the reporting of 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 require4 7,f7 ,conditions for nongovernmental auditors and inspectors ,if the ,secretary arranges for an audit or inspection under subparagraph 7,b7 to be carried out by a nongovernmental entity1 the ,secretary shall-- 7i7 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 inspectors2 and 7ii7 ensure that any duties carried out by a nongovernmental entity are not inherently governmental functions4 7#b7 ,personnel surety 7,a7 ,personnel surety program ,for purposes of this title1 the ,secretary shall establish and carry out a ,personnel ,surety ,program that-- 7i7 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 time2 7ii7 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 database1 to the extent that such feedback is necessary for the facility to be in compliance with regulations promulgated under this title2 and 7iii7 provides redress to an individual-- 7,i7 whose information was vetted against the terrorist screening database under the program2 and 7,,ii7 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 program implementation ,to the extent that a risk-based performance standard established under subsection 7a7 requires identifying individuals with ties to terrorism-- 7i7 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 database1 or any successor program1 including the ,personnel ,surety ,program established under subparagraph 7,a72 and 7ii7 the ,secretary may not require a covered chemical facility to submit any information about an individual unless the individual-- 7,i7 is to be vetted under the ,personnel ,surety ,program2 or 7,,ii7 has been identified as presenting a terrorism security risk4 7#c7 ,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 section4 7e7 ,responsibilities of the secretary 7#a7 ,identification of chemical facilities of interest ,in carrying out this title1 the ,secretary shall consult with the heads of other ,federal agencies1 ,states and political subdivisions thereof1 relevant business associations1 and public and private labor organizations 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 security risk assessment approach and corresponding tiering methodology for covered chemical facilities that incorporates the 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 covered chemical facility shall take into account-- 7i7 relevant threat information2 7ii7 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 vulnerability of the facility to a terrorist attack1 compromise1 infiltration1 or exploitation4 7#c7 ,changes in tiering 7,a7 ,maintenance of records ,the ,secretary shall document the basis for each instance in which-- 7i7 tiering for a covered chemical facility is changed2 or 7ii7 a covered chemical facility is determined to no longer be subject to the requirements under this title4 7,b7 ,required information ,the records maintained under subparagraph 7,a7 shall include information on whether and how the ,secretary confirmed the information that was the basis for the change or determination described in subparagraph 7,a74 7#d7 ,semiannual performance reporting ,not later than #f months after the date of enactment of the ,protecting and ,securing ,chemical ,facilities from ,terrorist ,attacks ,act of #bjad1 and not less frequently than once every #f months thereafter1 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 describes1 for the period covered by the report-- 7,a7 the number of covered chemical facilities in the ,united ,states2 7,b7 the average number of days spent reviewing site security or an alternative security program for a covered chemical facility prior to approval2 7,c7 the number of covered chemical facilities inspected2 7,d7 the average number of covered chemical facilities inspected per inspector2 and 7,e7 any other information that the ,secretary determines will be helpful to ,congress in evaluating the performance of the ,chemical ,facility ,anti-,terrorism ,standards ,program4 #bajc4 ,protection and sharing of information 7a7 ,in general ,notwithstanding any other provision of law1 information developed under 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 the protection of similar information under section #gjajc7;d7 of title #df1 ,united ,states ,code4 7b7 ,sharing of information with ,states and local governments ,nothing in this section shall be construed to prohibit the sharing of information developed under this title1 as the ,secretary determines appropriate1 with ,state and local government officials possessing a need to know and the necessary security clearances1 including law enforcement officials and first responders1 for the purpose of carrying out this title4 7c7 ,sharing of information with first responders 7#a7 ,requirement ,the ,secretary shall provide to ,state1 local1 and regional fusion centers 7as that term is defined in section #baj;,a7j77#a77 and ,state and local government officials1 as the ,secretary determines appropriate1 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 facilities4 7#b7 ,dissemination ,the ,secretary shall disseminate information under paragraph 7#a7 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 individuals4 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 title1 and related vulnerability or security information1 shall be treated as if the information were classified information4 7e7 ,availability of information ,notwithstanding any other provision of law 7including section #eeb7;b77#c7 of title #e1 ,united ,states ,code71 section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act7 shall not apply to information protected from public disclosure pursuant to subsection 7a7 of this section4 #bajd4 ,civil enforcement 7a7 ,notice of noncompliance 7#a7 ,notice ,if the ,secretary determines that a covered chemical facility is not in compliance with this title1 the ,secretary shall-- 7,a7 provide the owner or operator of the facility with-- 7i7 not later than #ad days after date on which the ,secretary makes the determination1 a written notification of noncompliance that includes a clear explanation of any deficiency in the security vulnerability assessment or site security plan2 and 7ii7 an opportunity for consultation with the ,secretary or the ,secretary's designee2 and 7,b7 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 order1 which date shall be not later than #ahj days after the date on which the ,secretary issues the order4 7#b7 ,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 7#a77;,b71 the ,secretary may enter an order in accordance with this section assessing a civil penalty1 an order to cease operations1 or both4 7b7 ,civil penalties 7#a7 ,violations of orders ,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 7#b7 ,non-reporting chemical facilities of interest ,any owner of a chemical facility of interest who fails to comply with1 or knowingly submits false information under1 this title or the ,,cfats regulations shall be liable for a civil penalty under section #gjaai7;a7 of title #df1 ,united ,states ,code4 7c7 ,emergency orders 7#a7 ,in general ,notwithstanding subsection 7a7 or any site security plan or alternative security program approved under this title1 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 death1 serious illness1 severe personal injury1 or substantial endangerment to the public1 the ,secretary may direct the facility1 effective immediately or as soon as practicable1 to-- 7,a7 cease some or all operations2 or 7,b7 implement appropriate emergency security measures4 7#b7 ,limitation on delegation ,the ,secretary may not delegate the authority under paragraph 7#a7 to any official other than the ,under ,secretary for the ,national ,protection and ,programs ,directorate4 7d7 ,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 title4 #baje4 ,whistleblower protections 7a7 ,procedure for reporting problems 7#a7 ,establishment of a reporting procedure ,not later than #ahj days after the date of enactment of the ,protecting and ,securing ,chemical ,facilities from ,terrorist ,attacks ,act of #bjad1 the ,secretary shall establish1 and provide information to the public regarding1 a procedure under which any employee or contractor of a chemical facility may submit a report to the ,secretary regarding problems1 deficiencies1 or vulnerabilities at a covered chemical facility that are associated with the risk of a chemical facility terrorist incident4 7#b7 ,confidentiality ,the ,secretary shall keep confidential the identity of an individual who submits a report under paragraph 7#a7 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 information4 7#c7 ,acknowledgment of receipt ,if a report submitted under paragraph 7#a7 identifies the individual making the report1 the ,secretary shall promptly respond to the individual directly and shall promptly acknowledge receipt of the report4 7#d7 ,steps to address problems ,the ,secretary shall-- 7,a7 review and consider the information provided in any report submitted under paragraph 7#a72 and 7,b7 take appropriate steps under this title if necessary to address any substantiated problems1 deficiencies1 or vulnerabilities associated with the risk of a chemical facility terrorist incident identified in the report4 7#e7 ,retaliation prohibited 7,a7 ,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 to1 or terms1 conditions1 or privileges of the employment of1 the employee because the employee 7or an individual acting pursuant to a request of the employee7 submitted a report under paragraph 7#a74 7,b7 ,exception ,an employee shall not be entitled to the protections under this section if the employee-- 7i7 knowingly and willfully makes any false1 fictitious1 or fraudulent statement or representation2 or 7ii7 uses any false writing or document knowing the writing or document contains any false1 fictitious1 or fraudulent statement or entry4 7b7 ,protected disclosures ,nothing in this title shall be construed to limit the right of an individual to make any disclosure-- 7#a7 protected or authorized under section #bcjb7;b77#h7 or #gbaa of title #e1 ,united ,states ,code2 7#b7 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 interest2 or 7#c7 to the ,special ,counsel of an agency1 the inspector general of an agency1 or any other employee designated by the head of an agency to receive disclosures similar to the disclosures described in paragraphs 7#a7 and 7#b74 7c7 ,publication of rights ,the ,secretary1 in partnership with industry associations and labor organizations1 shall make publicly available both physically and online the rights that an individual who discloses information1 including security-sensitive information1 regarding problems1 deficiencies1 or vulnerabilities at a covered chemical facility would have under ,federal whistleblower protection laws or this title4 7d7 ,protected information ,all information contained in a report made under this subsection 7a7 shall be protected in accordance with section #bajc4 #bajf4 ,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 #bajg4 ,,cfats regulations 7a7 ,general authority ,the ,secretary may1 in accordance with chapter #e of title #e1 ,united ,states ,code1 promulgate regulations or amend existing ,,cfats regulations to implement the provisions under this title4 7b7 ,existing ,,cfats regulations 7#a7 ,in general ,notwithstanding section #d7;b7 of the ,protecting and ,securing ,chemical ,facilities from ,terrorist ,attacks ,act of #bjad1 each existing ,,cfats regulation shall remain in effect unless the ,secretary amends1 consolidates1 or repeals the regulation4 7#b7 ,repeal ,not later than #cj days after the date of enactment of the ,protecting and ,securing ,chemical ,facilities from ,terrorist ,attacks ,act of #bjad1 the ,secretary shall repeal any existing ,,cfats regulation that the ,secretary determines is duplicative of1 or conflicts with1 this title4 7c7 ,authority ,the ,secretary shall exclusively rely upon authority provided under this title in-- 7#a7 determining compliance with this title2 7#b7 identifying chemicals of interest2 and 7#c7 determining security risk associated with a chemical facility4 #bajh4 ,small covered chemical facilities 7a7 ,definition ,in this section1 the term small covered chemical facility means a covered chemical facility that-- 7#a7 has fewer than #ajj employees employed at the covered chemical facility2 and 7#b7 is owned and operated by a small business concern 7as defined in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb774 7b7 ,assistance to facilities ,the ,secretary may provide guidance and1 as appropriate1 tools1 methodologies1 or computer software1 to assist small covered chemical facilities in developing the physical security1 cybersecurity1 recordkeeping1 and reporting procedures required under this title4 7c7 ,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 practices4 #baji4 ,outreach to chemical facilities of interest ,not later than #ij days after the date of enactment of the ,protecting and ,securing ,chemical ,facilities from ,terrorist ,attacks ,act of #bjad1 the ,secretary shall establish an outreach implementation plan1 in coordination with the heads of other appropriate ,federal and ,state agencies1 relevant business associations1 and public and private labor organizations1 to-- 7#a7 identify chemical facilities of interest2 and 7#b7 make available compliance assistance materials and information on education and training4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb 7,public ,law #ajg-aif2 #aaf ,stat4 #bace7 is amended by adding at the end the following3 ,,title ,,xxi--,,chemical ,,facility ,,anti-,,terrorism ,s,t,a,n,d,a,r,d,s,sec4 #baja4 ,definitions4,sec4 #bajb4 ,chemical ,facility ,anti-,terrorism ,standards ,program4,sec4 #bajc4 ,protection and sharing of information4,sec4 #bajd4 ,civil enforcement4,sec4 #baje4 ,whistleblower protections4,sec4 #bajf4 ,relationship to other laws4,sec4 #bajg4 ,,cfats regulations4,sec4 #bajh4 ,small covered chemical facilities4,sec4 #baji4 ,outreach to chemical facilities of interest4 4 #c4 ,assessment2 reports 7a7 ,definitions ,in this section-- 7#a7 the term ,chemical ,facility ,anti-,terrorism ,standards ,program means-- 7,a7 the ,chemical ,facility ,anti-,terrorism ,standards program initially authorized under section #eej of the ,department of ,homeland ,security ,appropriations ,act1 #bjjg 7,public ,law #aji-bie2 #f ,u4,s4,c4 #aba note72 and 7,b7 the ,chemical ,facility ,anti-,terrorism ,standards ,program subsequently authorized under section #bajb7;a7 of the ,homeland ,security ,act of #bjjb1 as added by section #b2 7#b7 the term ,department means the ,department of ,homeland ,security2 and 7#c7 the term ,secretary means the ,secretary of ,homeland ,security4 7b7 ,third-party assessment ,using amounts appropriated to the ,department before the date of enactment of this ,act1 the ,secretary shall commission a third-party study to assess vulnerabilities of covered chemical facilities1 as defined in section #baja of the ,homeland ,security ,act of #bjjb 7as added by section #b71 to acts of terrorism4 7c7 ,reports 7#a7 ,report to ,congress ,not later than #ah months after the date of enactment of this ,act1 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-- 7,a7 a certification by the ,secretary that the ,secretary has made significant progress in the identification of all chemical facilities of interest under section #bajb7;e77#a7 of the ,homeland ,security ,act of #bjjb1 as added by section #b1 including-- 7i7 a description of the steps taken to achieve that progress and the metrics used to measure the progress2 7ii7 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 placed2 and 7iii7 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 #bjjb1 as added by section #b2 7,b7 a certification by the ,secretary that the ,secretary has developed a risk assessment approach and corresponding tiering methodology under section #bajb7;e77#b7 of the ,homeland ,security ,act of #bjjb1 as added by section #b2 7,c7 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 7,publication ,number3 ,,rp#ab-bb-jb72 and 7,d7 a description of best practices that may assist small covered chemical facilities1 as defined in section #bajh7;a7 of the ,homeland ,security ,act of #bjjb1 as added by section #b1 in the development of physical security best practices4 7#b7 ,annual ,,gao report 7,a7 ,in general ,during the #c-year period beginning on the date of enactment of this ,act1 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 ,act4 7,b7 ,initial report ,not later than #ahj days after the date of enactment of this ,act1 the ,comptroller ,general shall submit to ,congress the first report under subparagraph 7,a74 7,c7 ,second annual report ,not later than one year from the date of the initial report required under subparagraph 7,b71 the ,comptroller ,general shall submit to ,congress the second report under subparagraph 7,a71 which shall include an assessment of the whistleblower protections provided under section #baje of the ,homeland ,security ,act of #bjjb1 as added by section #b1 and-- 7i7 describes the number and type of problems1 deficiencies1 and vulnerabilities with respect to which reports have been submitted under such section #baje2 7ii7 evaluates the efforts of the ,secretary in addressing the problems1 deficiencies1 and vulnerabilities described in subsection 7a77#a7 of such section #baje2 and 7iii7 evaluates the efforts of the ,secretary to inform individuals of their rights1 as required under subsection 7c7 of such section #baje4 7,d7 ,third annual report ,not later than #a year after the date on which the ,comptroller ,general submits the second report required under subparagraph 7,a71 the ,comptroller ,general shall submit to ,congress the third report under subparagraph 7,a71 which shall include an assessment of-- 7i7 the expedited approval program authorized under section #bajb7;c77#d7 of the ,homeland ,security ,act of #bjjb1 as added by section #b2 and 7ii7 the report on the expedited approval program submitted by the ,secretary under subparagraph 7,i77ii7 of such section #bajb7;c77#d74 #d4 ,effective date2 conforming repeal 7a7 ,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 enactment of this ,act4 7b7 ,conforming repeal ,section #eej of the ,department of ,homeland ,security ,appropriations ,act1 #bjjg 7,public ,law #aji-bie2 #abj ,stat4 #achh71 is repealed as of the effective date of this ,act4 #e4 ,termination ,the authority provided under title ,,xxi of the ,homeland ,security ,act of #bjjb1 as added by section #b7;a71 shall terminate on the date that is #d years after the effective date of this ,act4 ,september #ah1 #bjad,reported with an amendment