,i #aaeth ,,congress #b;d ,session ,h4 ,r4 #fiib ,,in ,,the ,,house ,,of ,,representatives ,september #bh1 #bjah,mr4 ,katko 7for himself1 ,mr4 ,moolenaar1 and ,mr4 ,cuellar7 introduced the following bill2 which was referred to the ,committee on ,homeland ,security1 and in addition to the ,committee on ,energy and ,commerce1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to reauthorize the ,chemical ,facility ,anti-,terrorism ,standards ,program of the ,department of ,homeland ,security4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,protecting and ,securing ,chemical ,facilities from ,terrorist ,attacks ,act of #bjah4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definitions4 ,sec4 #c4 ,expedited approval program4 ,sec4 #d4 ,,cfats ,recognition ,program4 ,sec4 #e4 ,frequency of audits and inspections4 ,sec4 #f4 ,personnel surety program4 ,sec4 #g4 ,security risk assessment approach and corresponding tiering methodology4 ,sec4 #h4 ,annual performance reporting4 ,sec4 #i4 ,specific products and mixtures containing chemicals of interest4 ,sec4 #aj4 ,,cfats regulations4 ,sec4 #aa4 ,explosive materials4 ,sec4 #ab4 ,changes to ,appendix ,a to part #bg of title #f1 ,code of ,federal ,regulations4 ,sec4 #ac4 ,assessment1 report1 briefing1 and updated retrospective estimate on costs4 ,sec4 #ad4 ,effective date4 ,sec4 #ae4 ,termination4 ,sec4 #af4 ,technical and conforming amendment4 #b4 ,definitions ,section #baja7h7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fba7h77 is amended by striking section #bajb7;c77#d77;,b77i7 and inserting section #bajb7;c77#d7 by the ,secretary that identifies specific security measures that are sufficient to meet the risk-based performance standards for facilities in tiers #c and #d that elect to utilize the expedited approval program4 #c4 ,expedited approval program ,section #bajb7;c77#d7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fbb7;c77#d77 is amended-- 7#a7 in subparagraph 7,a77i71 by striking subparagraph 7,c7 and inserting subparagraph 7,c77i72 7#b7 in subparagraph 7,b7-- 7,a7 in clause 7i71 by striking ,not later than and all that follows through the ,secretary shall issue and inserting ,the ,secretary shall maintain2 and 7,b7 by striking clause 7iii72 7#c7 in subparagraph 7,c7-- 7,a7 in clause 7iii71 by redesignating subclauses 7,i7 through 7,,iii7 as items 7aa7 through 7cc71 respectively1 and adjusting the margins accordingly2 7,b7 by redesignating clauses 7i7 through 7viii7 as subclauses 7,i7 through 7,,viii71 respectively1 and adjusting the margins accordingly2 7,c7 in the matter preceding subclause 7,i71 as so redesignated1 by striking ,the owner and inserting the following3 7i7 ,in general ,the owner 2 and 7,d7 by adding at the end the following3 7ii7 ,risk-based performance standards ,in submitting a site security plan and certification under subparagraph 7,a77i71 an owner or operator of an expedited approval facility should consider using the guidance for expedited approval facilities to determine appropriate measures for the site security plan of the expedited approval facility4 2 7#d7 in subparagraph 7,d7-- 7,a7 in clause 7i71 by striking subparagraph 7,c7 and inserting subparagraph 7,c77i72 and 7,b7 in clause 7iii7-- 7i7 by striking #cj and inserting #g2 and 7ii7 by striking subparagraph 7,c7 and inserting subparagraph 7,c77i72 7#e7 in subparagraph 7,f77i77,i71 by striking subparagraph 7,c7 and inserting subparagraph 7,c77i72 and 7#f7 by striking subparagraph 7,i7 and inserting the following3 7,i7 ,notice by the ,secretary ,the ,secretary shall provide notice to each covered chemical facility of the expedited approval program under this paragraph4 4 #d4 ,,cfats ,recognition ,program ,section #bajb7;c7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fbb7;c77 is amended by adding the following at the end3 7#e7 ,,cfats ,recognition ,program 7,a7 ,definitions ,in this paragraph-- 7i7 the term ,,cfats ,recognition ,program means the program established under subparagraph 7,b72 7ii7 the term participating facility means a covered chemical facility that is a member of a participating industry stewardship program2 7iii7 the term participating industry stewardship program means an industry stewardship program that-- 7,i7 meets the eligibility requirements under subparagraph 7,c77i72 and 7,,ii7 provides regulatory recognition to covered chemical facilities that meet industry best practices2 and 7iv7 the term sponsor organization means the governing body of a participating industry stewardship program4 7,b7 ,establishment 7i7 ,in general ,not later than #bgj days after the date of enactment of this paragraph1 the ,secretary shall establish a program that shall be known as the ,,cfats ,recognition ,program-- 7,i7 with the goal of leveraging ,,cfats regulations and industry stewardship programs to further enhance security relating to hazardous chemicals2 and 7,,ii7 under which the ,secretary shall-- 7aa7 establish-- 7,,aa7 eligibility criteria under subparagraph 7,c77i7 for industry stewardship programs seeking to participate in the ,,cfats ,recognition ,program2 and 7,,bb7 performance requirements under subparagraph 7,c77ii7 for participating facilities2 7bb7 provide incentives under subparagraph 7,c77iii7 to encourage participation in the ,,cfats ,recognition ,program2 and 7cc7 issue such guidance as the ,secretary deems necessary or appropriate for the implementation of the ,,cfats ,recognition ,program4 7ii7 ,applicability of other laws ,during the period before the ,secretary has met the deadline under clause 7i71 in developing and issuing1 or amending1 the guidance relating to carrying out the ,,cfats ,recognition ,program and collecting information from industry stewardship programs1 sponsor organizations1 and participating facilities1 the ,secretary shall not be subject to-- 7,i7 section #eec of title #e1 ,united ,states ,code2 7,,ii7 subchapter ,i of chapter #ce of title #dd1 ,united ,states ,code2 or 7,,iii7 section #bajg7;b7 of this ,act4 7,c7 ,eligibility criteria2 facility performance requirements2 incentives 7i7 ,eligibility criteria for industry stewardship programs ,not later than #bgj days after the date of enactment of this paragraph1 the ,secretary shall establish minimum eligibility criteria for industry stewardship programs desiring to be considered by the ,secretary for participation in the ,,cfats ,recognition ,program that shall include-- 7,i7 a requirement that any industry stewardship program desiring to participate in the ,,cfats ,recognition ,program be governed by an industry association or technical organization that is an entity described in paragraph 7#c7 or 7#f7 of section #eja7;c7 of the ,internal ,revenue ,code of #aihf2 7,,ii7 a documented top management commitment to chemical facility security2 7,,iii7 criteria relating to-- 7aa7 program auditing requirements and frequency2 7bb7 security vulnerability assessment requirements and frequency2 and 7cc7 security measures that align with the risk-based performance standards established under subsection 7a77#b77;,c71 including-- 7,,aa7 detection measures2 7,,bb7 delay measures2 7,,cc7 cybersecurity measures2 7,,dd7 response measures2 and 7,,ee7 security management2 and 7dd7 reporting required to be done by any industry stewardship program desiring to participate in the ,,cfats ,recognition ,program4 7ii7 ,performance requirements for participating facilities ,the ,secretary shall require that each participating facility-- 7,i7 submit an acknowledgment by the sponsor organization of the participating industry steward program1 of which the participating facility is a member1 that the participating facility is-- 7aa7 a member in good standing of the participating industry stewardship program2 and 7bb7 in full compliance with the requirements of the participating industry stewardship program2 and 7,,ii7 promptly notify the ,secretary if the participating facility ceases to be-- 7aa7 a member in good standing of the participating industry stewardship program2 or 7bb7 in full compliance with the requirements of the participating industry stewardship program4 7iii7 ,program incentives ,not later than #bgj days after the date of enactment of this paragraph1 the ,secretary shall-- 7,i7 establish incentives for participation in the ,,cfats ,recognition ,program1 which shall include-- 7aa7 a reduction in the frequency of compliance inspections1 except-- 7,,aa7 in the case of any inspection relating to any planned measure in the site security plan of a participating facility that has not been fully implemented2 or 7,,bb7 in a case in which a participating facility is not in full compliance with the requirements under the ,chemical ,facility ,anti-,terrorism ,standards ,program2 7bb7 streamlined vulnerability assessment and site security plan processes2 and 7cc7 any other regulatory relief as determined appropriate by the ,secretary2 and 7,,ii7 provide written guidance on any incentive established under subclause 7,i74 7,d7 ,evaluation ,not later than #a year after the date on which the ,,cfats ,recognition ,program is established under subparagraph 7,b77i71 the ,secretary shall provide a briefing to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committees on ,homeland ,security and ,energy and ,commerce of the ,house of ,representatives on the progress in carrying out the ,,cfats ,recognition ,program4 4 #e4 ,frequency of audits and inspections ,section #bajb7;d77#a7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fbb7;d77#a77 is amended-- 7#a7 in subparagraph 7,b71 by striking ,the ,secretary and inserting ,subject to subparagraph 7,g71 the ,secretary2 and 7#b7 by adding at the end the following3 7,g7 ,frequency of audits and inspections 7i7 ,in general ,except as provided in clauses 7ii7 and 7iii71 the ,secretary may not conduct any audit or inspection under this paragraph of a covered chemical facility more frequently than once every #b years4 7ii7 ,,cfats ,recognition ,program ,except as provided in clause 7iii71 in the case of a covered chemical facility that participates in the ,,cfats ,recognition ,program under subsection 7c77#e7 and meets compliance1 audit1 and inspection requirements under that program1 the ,secretary may not conduct any audit or inspection under this paragraph of that covered chemical facility more frequently than once every #c years4 7iii7 ,increased frequency of audits and inspections ,the ,secretary may conduct audits and inspections more frequently than provided in clauses 7i7 and 7ii7 when-- 7,i7 the covered chemical facility has identified planned enhancements that have not yet been validated by an audit or inspection2 7,,ii7 a deficiency or infraction at the covered chemical facility has been identified that may result in an enforcement action against the covered chemical facility2 7,,iii7 an elevated or specific threat has been identified2 7,,iv7 a security incident or suspicious activity has occurred at the covered chemical facility2 or 7,v7 the ,secretary determines that an inspection or audit is warranted by exigent circumstances4 4 #f4 ,personnel surety program ,section #bajb7;d77#b77;,a7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fbb7;d77#b77;,a77 is amended-- 7#a7 in the matter preceding clause 7i71 by inserting is mandatory for each owner or operator of a covered chemical facility assigned to tier #a or #b and optional for each owner or operator of a covered chemical facility assigned to tier #c or tier #d that after carry out a ,personnel ,surety ,program that2 and 7#b7 in clause 7ii71 by inserting who will have access to any chemical of interest designated under ,appendix ,a to part #bg of title #f1 ,code of ,federal ,regulations1 or any successor thereto1 after about an individual4 #g4 ,security risk assessment approach and corresponding tiering methodology ,section #bajb7;e7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fbb7;e77 is amended-- 7#a7 in paragraph 7#b77;,a71 by striking develop and inserting maintain2 and 7#b7 in paragraph 7#c7-- 7,a7 in subparagraph 7,b7-- 7i7 by striking the period at the end and inserting 1 including--2 and 7ii7 by adding at the end the following3 7i7 each input and assumption under the tiering methodology2 7ii7 the rationale for each input2 and 7iii7 the output of the tiering methodology4 2 and 7,b7 by adding at the end the following3 7,c7 ,reports ,not later than #cj days after the ,secretary makes a determination that tiering for a covered chemical facility is changed1 or that a covered chemical facility is no longer subject to the requirements under this title1 the ,secretary shall submit to the owner or operator of the covered chemical facility a written report that contains-- 7i7 the information described in subparagraphs 7,a7 and 7,b72 and 7ii7 a controlled unclassified statement-- 7,i7 of the criteria under paragraph 7#b77;,b7 and how the security risk of terrorism associated with the covered chemical facility was evaluated under those criteria2 and 7,,ii7 that includes any chemical-terrorism vulnerability information 7as defined in section #bg4aje of title #f1 ,code of ,federal ,regulations1 or any successor thereto7 relating to the determination4 7,d7 ,public disclosure ,reports submitted to the owner or operator of the covered chemical facility under subparagraph 7,c7 shall be protected from public disclosure under section #bajc4 4 #h4 ,annual performance reporting ,section #bajb7;e77#d7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fbb7;e77#d77 is amended-- 7#a7 in the paragraph heading1 by striking ,semiannual and inserting ,annual2 7#b7 in the matter preceding subparagraph 7,a7-- 7,a7 by striking #f months after the date and inserting #a year after the date2 7,b7 by striking #bjad and inserting #bjah2 and 7,c7 by striking once every #f months and inserting once each year2 7#c7 by striking subparagraph 7,c72 7#d7 by redesignating subparagraph 7,d7 as subparagraph 7,c72 7#e7 by inserting after subparagraph 7,c71 as so redesignated1 the following3 7,d7 the effectiveness of the ,chemical ,facility ,anti-,terrorism ,standards ,program at-- 7i7 managing security risks2 and 7ii7 developing and using appropriate metrics and analysis capabilities to measure risk reduction1 including-- 7,i7 vulnerability and consequence mitigation indicators2 and 7,,ii7 outcome metrics that measure cumulative risk reduction over time2 and 2 7#f7 by striking subparagraph 7,e72 and 7#g7 by redesignating subparagraph 7,f7 as subparagraph 7,e74 #i4 ,specific products and mixtures containing chemicals of interest ,section #bajb7;e7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fbb7;e77 is amended by adding at the end the following3 7#e7 ,specific products and mixtures containing chemicals of interest 7,a7 ,definitions ,in this paragraph-- 7i7 the term chemical of interest means a chemical designated as a chemical of interest under ,appendix ,a to part #bg of title #f1 ,code of ,federal ,regulations1 or any successor thereto2 and 7ii7 the term covered product or mixture means a specific product or mixture that contains a chemical of interest at or above the minimum concentration listed under ,appendix ,a to part #bg of title #f1 ,code of ,federal ,regulations1 or any successor thereto4 7,b7 ,in general ,the ,secretary may exclude a covered product or mixture from the designation as a chemical of interest for the purposes of the definition of the term chemical facility of interest if1 in the sole and unreviewable discretion of the ,secretary1 the ,secretary determines that the covered product or mixture does not present the same hazards for which the chemical of interest contained in the covered product or mixture was designated as a chemical of interest4 7,c7 ,regulations 7i7 ,promulgation ,not later than #a year after the date of enactment of this paragraph1 the ,secretary shall promulgate regulations to prescribe a process under which an interested party may petition the ,secretary for exclusion of a covered product or mixture under subparagraph 7,b74 7ii7 ,federal information policy ,in collecting information from petitioners pursuant to this subparagraph1 the ,secretary shall not be subject to subchapter ,i of chapter #ce of title #dd1 ,united ,states ,code4 4 #aj4 ,,cfats regulations ,section #bajg7;b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fbg7;b77 is amended-- 7#a7 in paragraph 7#a71 by inserting 7,public ,law #aac-bed2 #abh ,stat4 #biai7 after #bjad2 and 7#b7 in paragraph 7#b71 by striking #bjad and inserting #bjah4 #aa4 ,explosive materials 7a7 ,in general ,title ,,xxi of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fba et seq47 is amended by striking section #baji 7#f ,u4,s4,c4 #fbi7 and inserting the following3 #baji4 ,explosive materials ,the ,secretary may not designate any explosive material subject to regulation by the ,department of ,justice under chapter #dj of title #ah1 ,united ,states ,code1 or by the ,bureau of ,alcohol1 ,tobacco1 ,firearms1 and ,explosives under part #eee of title #bg1 ,code of ,federal ,regulations1 as a chemical of interest under ,appendix ,a to part #bg of title #f1 ,code of ,federal ,regulations1 or any successor thereto4 4 7b7 ,technical and conforming 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 striking the item relating to section #baji and inserting the following3 ,sec4 #baji4 ,explosive materials4 4 #ab4 ,changes to ,appendix ,a to part #bg of title #f1 ,code of ,federal ,regulations 7a7 ,in general ,title ,,xxi of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fba et seq471 as amended by section #ab of this ,act1 is amended by adding at the end the following3 #baaj4 ,changes to ,appendix ,a to part #bg of title #f1 ,code of ,federal ,regulations 7a7 ,definition ,in this section1 the term ,appendix ,a means ,appendix ,a to part #bg of title #f1 ,code of ,federal ,regulations1 or any successor thereto4 7b7 ,notice of proposed rulemaking ,the ,secretary shall publish a notice of proposed rulemaking in the ,federal ,register relating to any proposed change to ,appendix ,a if the ,secretary determines that-- 7#a7 a chemical should be designated as a chemical of interest under ,appendix ,a2 7#b7 a chemical designated as a chemical of interest under ,appendix ,a should not be so designated2 or 7#c7 a chemical amount1 concentration1 or threshold quantity described in ,appendix ,a should be modified4 4 7b7 ,technical and conforming 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 inserting after the item relating to section #baji the following3 ,sec4 #baaj4 ,changes to ,appendix ,a to part #bg of title #f1 ,code of ,federal ,regulations4 4 #ac4 ,assessment1 report1 briefing1 and updated retrospective estimate on costs 7a7 ,definitions ,in this section-- 7#a7 the term applicable committee means-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,b7 the ,committee on ,homeland ,security of the ,house of ,representatives2 and 7,c7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 7#b7 the terms ,,cfats regulation and covered chemical facility have the meanings given those terms in section #baja of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fba72 7#c7 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 #abj ,stat4 #acee72 and 7,b7 the ,chemical ,facility ,anti-,terrorism ,standards ,program subsequently authorized under section #bajb7;a7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fbb7;a772 7#d7 the term ,department means the ,department of ,homeland ,security2 7#e7 the term inspector means an individual used by the ,department as an inspector for purposes of ensuring compliance with title ,,xxi of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fba et seq472 and 7#f7 the term ,secretary means the ,secretary of ,homeland ,security4 7b7 ,third-,party assessment 7#a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 using amounts appropriated to the ,department before the date of enactment of this ,act1 the ,secretary shall commission a third-party study1 which shall be completed not later than #a year after the date on which the third-party study is commissioned1 to assess the effectiveness of the ,chemical ,facility ,anti-,terrorism ,standards ,program in-- 7,a7 managing security risks2 7,b7 developing and using appropriate metrics and analysis capabilities to measure risk reduction1 including-- 7i7 vulnerability and consequence mitigation indicators2 and 7ii7 outcome metrics that measure cumulative risk reduction over time2 and 7,c7 engaging with and making necessary information available to first responders and emergency planners and1 if necessary1 improving the degree of situational awareness of first responders and emergency planners that is needed to prepare for and respond to security incidents at high-risk chemical facilities4 7#b7 ,briefing and submission of study ,not later than #ij days after the date on which the third-party study described in paragraph 7#a7 is completed1 the ,secretary shall-- 7,a7 brief each applicable committee on the results of the third-party study2 and 7,b7 submit a copy of the completed third-party study to each applicable committee4 7c7 ,,gao report ,not later than #b years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to each applicable committee a report on inspector training that contains recommendations for improving inspector training1 including recommendations relating to-- 7#a7 how the ,department selects inspectors2 7#b7 initial training required for inspectors before the inspectors are selected by the ,department to be used to conduct inspections2 7#c7 qualification standards required to be met by inspectors before they are selected by the ,department to be used to conduct inspections2 7#d7 on-the-job training required for inspectors and how that training is documented2 7#e7 final qualification and approval standards required to be met by inspectors before the inspectors are initially used by the ,department to conduct inspections2 7#f7 continuing qualification standards required to be met by inspectors while the inspectors are used by the ,department to conduct inspections2 7#g7 continuous training required for inspectors while the inspectors are used by the ,department to conduct inspections2 and 7#h7 improving cybersecurity training4 7d7 ,annual briefing ,not later than #a year after the date of enactment of this ,act1 and each year thereafter for #e years1 the ,secretary shall brief each applicable committee on the activities carried out under this section and under title ,,xxi of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fba et seq47 that shall include-- 7#a7 detailed information relating to-- 7,a7 as of the date on which the briefing is made-- 7i7 threats to covered chemical facilities2 and 7ii7 how chemicals of interest are being utilized by bad actors in the threat environment-- 7,i7 in the ,united ,states2 and 7,,ii7 globally2 7,b7 how ,,cfats regulations play a role in making the ,united ,states safer2 and 7,c7 how the ,chemical ,facility ,anti-,terrorism ,standards ,program is effectively addressing the threat landscape2 and 7#b7 data1 rationale1 and metrics on how the ,chemical ,facility ,anti-,terrorism ,standards ,program effectively reduces risks4 7e7 ,updated retrospective estimate on costs ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall complete a retrospective estimate of the costs1 including costs to the ,government1 regulated entities1 and the public1 of carrying out the ,chemical ,facility ,anti-,terrorism ,standards ,program during the period beginning on the first day of fiscal year #bjjf and ending on the last day of fiscal year #bjah4 7f7 ,repeal ,section #c of the ,protecting and ,securing ,chemical ,facilities from ,terrorist ,attacks ,act of #bjad 7,public ,law #aac-bed2 #abh ,stat4 #biag7 is repealed4 #ad4 ,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 #ae4 ,termination ,the authority provided under title ,,xxi of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fba et seq471 as amended by this ,act1 shall terminate on the date that is #e years after the date of enactment of this ,act4 #af4 ,technical and conforming 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 amended1 in the item relating to section #bajc1 by striking the em dash at the end4