,,ii #aaeth ,,congress #b;d ,session ,s4 #cdje ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #d1 #bjah ,mr4 ,johnson introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,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 ,risk-based performance standards4 ,sec4 #d4 ,expedited approval program4 ,sec4 #e4 ,,cfats ,recognition ,program4 ,sec4 #f4 ,frequency of audits and inspections4 ,sec4 #g4 ,personnel surety program4 ,sec4 #h4 ,security risk assessment approach and corresponding tiering methodology4 ,sec4 #i4 ,annual performance reporting4 ,sec4 #aj4 ,,cfats regulations4 ,sec4 #aa4 ,small covered chemical facilities4 ,sec4 #ab4 ,explosive materials4 ,sec4 #ac4 ,changes in ,appendix ,a to part #bg of title #f1 ,code of ,federal ,regulations4 ,sec4 #ad4 ,assessment1 report1 briefing1 and updated retrospective estimate on costs4 ,sec4 #ae4 ,effective date4 ,sec4 #af4 ,termination4 ,sec4 #ag4 ,technical and conforming amendment4 #b4 ,definitions ,section #baja of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fba7 is amended-- 7#a7 in paragraph 7#b77;,a71 by striking 1 or that the ,secretary has a reasonable basis to believe holds12 and 7#b7 in paragraph 7#h71 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 ,risk-based performance standards ,section #bajb of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fbb7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b77;,c71 by inserting 1 evaluate1 and maintain after establish2 and 7,b7 by adding at the end the following3 7#c7 ,limitation ,the risk-based performance standards established under paragraph 7#b77;,c7 shall not include any standard relating to cybersecurity4 2 7#b7 in subsection 7b77#b7-- 7,a7 by striking at least and inserting not less than2 7,b7 by inserting not less than before #a employee representative2 and 7,c7 by striking as pertains and inserting pertaining2 and 7#c7 in subsection 7c77#c71 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,previously approved plans ,the ,secretary may not require a covered chemical facility to resubmit a site security plan-- 7i7 in the case of a covered chemical facility for which the ,secretary approved the site security plan before the date of enactment of the ,protecting and ,securing ,chemical ,facilities from ,terrorist ,attacks ,act of #bjad 7,public ,law #aac-bed2 #abh ,stat4 #bhih71 solely by reason of the enactment of that ,act2 or 7ii7 in the case of a covered chemical facility for which the ,secretary approved the site security plan before the date of enactment of the ,protecting and ,securing ,chemical ,facilities from ,terrorist ,attacks ,act of #bjah1 solely by reason of the enactment of that ,act or any amendment made by that ,act4 4 #d4 ,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 #e4 ,,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 industry stewardship program means an industry stewardship program that provides regulatory recognition to covered chemical facilities that meet industry best practices2 7iii7 the term participating facility means a covered chemical facility that is a member of an industry stewardship program2 and 7iv7 the term sponsor organization means the governing body of an industry stewardship program4 7,b7 ,establishment 7i7 ,in general ,not later than #ahj 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 and 7bb7 provide incentives under subparagraph 7,c77iii7 to encourage participation in 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 #ahj 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 and 7,,iii7 criteria relating to-- 7aa7 program auditing requirements and frequency2 7bb7 security vulnerability assessment requirements and frequency2 7cc7 security measures1 including-- 7,,aa7 detection measures2 7,,bb7 delay measures2 7,,cc7 response measures2 and 7,,dd7 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 ,not later than #ahj days after the date of enactment of this paragraph1 the ,secretary shall require that each participating facility-- 7,i7 submit an acknowledgment by the sponsor organization of the industry steward program1 of which the participating facility is a member1 that the participating facility is-- 7aa7 a member in good standing of the industry stewardship program2 and 7bb7 in full compliance with the requirements of the industry stewardship program2 7,,ii7 assess any security vulnerability of the participating facility using a formal recognized methodology-- 7aa7 in the initial security vulnerability assessment of the participating facility2 7bb7 not less than every #c years after the initial security vulnerability assessment of the participating facility2 and 7cc7 if there is a significant change to the security measures of the participating facility2 and 7,,iii7 develop and maintain a site security plan that-- 7aa7 addresses any security vulnerability of the participating facility2 and 7bb7 includes security measures1 including-- 7,,aa7 detection measures2 7,,bb7 delay measures2 7,,cc7 response measures2 and 7,,dd7 security management4 7iii7 ,program incentives ,not later than #ahj 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 of the ,chemical ,facility ,anti-,terrorism ,standards ,program risk tier level at which a participating facility is currently tiered2 7bb7 a reduction in the frequency of compliance inspections2 7cc7 streamlined vulnerability assessment and site security plan processes2 and 7dd7 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 ,implementation 7i7 ,applications ,an industry stewardship program desiring to participate in the ,,cfats ,recognition ,program shall submit an application to the ,secretary that contains information relating to-- 7,i7 the industry stewardship program submitting the application and the sponsor organization of the industry stewardship program2 7,,ii7 each participating facility that is a member of the industry stewardship program2 and 7,,iii7 whether the industry stewardship program meets the eligibility requirements under subparagraph 7,c77i74 7ii7 ,determination 7,i7 ,in general ,not later than #fj days after the date on which the ,secretary receives an application submitted under clause 7i71 the ,secretary shall-- 7aa7 make a determination as to whether the industry stewardship program is eligible to participate in the ,,cfats ,recognition ,program2 and 7bb7 notify the industry stewardship program of the determination4 7,,ii7 ,notification relating to denial ,if the ,secretary denies an application submitted under clause 7i71 in the notification of the determination under subclause 7,i77bb71 the ,secretary shall include-- 7aa7 a statement of each reason for the denial2 and 7bb7 any action that may be taken by the applicant to qualify the applicant for participation in the ,,cfats ,recognition ,program4 7,,iii7 ,revised applications ,not later than #fj days after the date on which an applicant receives a notification of denial under subclause 7,,ii71 the applicant may submit a revised application4 7,e7 ,evaluation ,not later than #ah months after the date of enactment of this paragraph1 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 #f4 ,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 clause 7ii71 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 ,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 4 #g4 ,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 #h4 ,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 rational 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 #ad 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 statement 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 criteria4 4 #i4 ,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 #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 ,small covered chemical facilities ,section #bajh of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fbh7 is amended-- 7#a7 in subsection 7b7-- 7,a7 by striking tools1 methodologies1 or computer software and inserting tools and methodologies2 and 7,b7 by striking cybersecurity12 and 7#b7 by striking subsection 7c74 #ab4 ,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 ,regulations4 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 #ac4 ,changes in ,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 in ,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 in ,appendix ,a to part #bg of title #f1 ,code of ,federal ,regulations4 4 #ad4 ,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 and 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 time4 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 and 7#g7 continuous training required for inspectors while the inspectors are used by the ,department to conduct inspections4 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 #bjja 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 #ae4 ,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 #af4 ,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 #ag4 ,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