,,ib ,union ,calendar ,no4 #dbg #aafth ,,congress #b;d ,session ,h4 ,r4 #cbef ,report ,no4 #aaf-cda1 ,part ,i ,,in ,,the ,,house ,,of ,,representatives ,june #ac1 #bjai,mr4 ,richmond 7for himself and ,mr4 ,thompson of ,mississippi7 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 ,december #ab1 #bjai,reported from the ,committee on ,homeland ,security with an amendment,strike out all after the enacting clause and insert the part printed in italic ,september #ba1 #bjbj;,committee on ,energy and ,commerce discharged2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed,for text of introduced bill1 see copy of bill as introduced on ,june #ac1 #bjai ,a ,,bill ,to amend the ,homeland ,security ,act of #bjjb to reauthorize and improve the ,chemical ,facility ,anti-,terrorism ,standards ,program1 and for other purposes4 #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 #bjai4 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 ,chemical ,facility ,anti-,terrorism ,standards ,program4,sec4 #d4 ,protection and sharing of information4,sec4 #e4 ,civil enforcement4,sec4 #f4 ,whistleblower protection4,sec4 #g4 ,chemical ,security ,advisory ,committee4,sec4 #h4 ,implementation plan and report to ,congress4,sec4 #i4 ,study on risks posed by excluded facilities4,sec4 #aj4 ,study on feasibility of waiver program4,sec4 #aa4 ,review of tiering methodology4,sec4 #ab4 ,comptroller ,general reports4,sec4 #ac4 ,voluntary mechanism for reporting drones and other emerging threats4,sec4 #ad4 ,regulations regarding specific products and mixtures containing chemicals of interest4,sec4 #ae4 ,voluntary program4,sec4 #af4 ,study on local emergency response capacity to respond to chemical security incidents4,sec4 #ag4 ,previously approved facilities4,sec4 #ah4 ,termination4 #b4 ,definitions ,section #baja of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fba7 is amended-- 7#a7 in paragraph 7#d77;,e71 by striking subject to regulation and inserting regulated2 7#b7 in paragraph 7#e7-- 7,a7 in subparagraph 7,a71 by striking 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 inserting or this title2 and 7,b7 in subparagraph 7,b71 by striking 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 inserting or this title2 7#c7 by striking paragraphs 7#f71 7#g71 and 7#h72 and 7#d7 by redesignating paragraphs 7#i7 through 7#ad7 as paragraphs 7#f7 through 7#aa71 respectively4 #c4 ,chemical ,facility ,anti-,terrorism ,standards ,program 7a7 ,additional ,,cfats program requirement ,section #bajb7;a77#b7 of such ,act 7#f ,u4,s4,c4 #fbb7 is amended-- 7#a7 in subparagraph 7,c71 by striking and at the end2 7#b7 in subparagraph 7,d71 by striking the period and inserting 2 and 2 and 7#c7 by adding at the end the following new subparagraph3 7,e7 verify information submitted by a covered chemical facility prior to assigning such facility a lower risk tier or determining that such facility no longer presents a high level of security risk4 4 7b7 ,employee input regarding security measures ,paragraph 7#b7 of subsection 7b7 of section #bajb of such ,act 7#f ,u4,s4,c4 #fbb7 is amended to read as follows3 7#b7 ,employee consultation and awareness 7,a7 ,employee consultation requirement ,a facility's security vulnerability assessment and site security plan shall be developed in consultation with-- 7i7 at least one facility employee1 in addition to the facility security officer or other individual who serves as a point of contact under section #bg4bcj7;a77#ag7 of title #f1 ,code of ,federal ,regulations1 and the corresponding guidance issued under section #bg4bbj7;d7 of such title1 or any successor thereto1 who possesses relevant knowledge1 experience1 training1 or education pertaining to matters of site security4 7ii7 in the case of a facility where facility employees are represented by a bargaining agent1 at least one employee representative who-- 7,i7 is selected by the bargaining agent at that facility2 and 7,,ii7 has relevant knowledge1 experience1 training1 or education pertaining to matters of site security4 7,b7 ,record of employee consultation ,a covered chemical facility shall maintain a written record of the employee consultation required by subparagraph 7,a71 including a record of-- 7i7 the name of the employee with whom the facility security officer or other similar official consulted2 7ii7 how often and when such consultation took place2 7iii7 what mechanisms the facility used to capture feedback2 and 7iv7 any recommendations that were offered1 accepted1 or rejected as part of the security vulnerability assessment or site security plan4 7,c7 ,access to employees ,each owner or operator of a covered chemical facility shall1 upon request1 provide to an employee of the ,department engaged in carrying out audits and inspections of such facility access to any employee who participated in the development of the facility's security vulnerability assessment and site security plan4 7,d7 ,employee awareness ,the ,secretary shall produce a poster that a chemical facility of interest shall display in areas accessible to facility employees to inform employees about requirements under this title and the whistleblower protections provided under section #baje4 4 7c7 ,site security plans 7#a7 ,disapproval ,subsection 7c77#a77;,b7 of section #bajb of such ,act 7#f ,u4,s4,c4 #fbb7 is amended-- 7,a7 in clause 7i71 by striking and at the end2 and 7,b7 by amending clause 7ii7 to read as follows3 7ii7 shall disapprove a site security plan if-- 7,i7 the plan fails to satisfy the risk-based performance standards established pursuant to subsection 7a77#b77;,c72 or 7,,ii7 the plan fails to include the name1 organizational affiliation1 and phone number of a local emergency manager or local emergency response provider and a documented policy to contact the local emergency manager or local emergency response provider at least annually regarding emergency response plans at the facility4 4 7#b7 ,assessments ,paragraph 7#c7 of subsection 7c7 of such section is amended to read as follows3 7#c7 ,site security plan assessments ,in approving or disapproving a site security plan under this subsection1 the ,secretary shall-- 7,a7 employ the risk assessment policies and procedures developed under this title2 and 7,b7 confirm that the covered chemical facility has complied with the employee consultation requirements in paragraph 7#b7 of subsection 7b71 including by reviewing and recording compliance with the record-keeping requirements under subparagraph 7,b7 of that paragraph4 4 7d7 ,elimination of expedited approval program ,section #bajb7;c7 of such ,act 7#f ,u4,s4,c4 #fbb7 is amended by striking paragraph 7#d74 7e7 ,audits and inspections 7#a7 ,authority to conduct ,subparagraph 7,b7 of paragraph 7#a7 of subsection 7d7 of section #bajb of such ,act 7#f ,u4,s4,c4 #fbb7 is amended by striking under this title using and inserting at chemical facilities of interest and covered chemical facilities and shall obtain information and records to ensure compliance with this title4 ,such audits and inspections shall be conducted using4 7#b7 ,reporting structure ,subparagraph 7,d7 of such paragraph is amended-- 7,a7 in clause 7i71 by inserting 1 or any successor organization that implements the requirements of subsection 7a77#b71 after ,department2 and 7,b7 in clause 7ii71 by inserting 1 or any successor organization that implements the requirements of subsection 7a77#b71 after ,department4 7#c7 ,standards for auditors and inspectors ,subparagraph 7,e7 of such paragraph is amended-- 7,a7 in the matter preceding clause 7i7-- 7i7 by striking ,the ,secretary and inserting ,for each individual responsible for carrying out audits or inspections on behalf of the ,secretary1 the ,secretary2 7ii7 by inserting to ensure such individuals receive before the training2 and 7iii7 by striking 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 personnel and inserting 1 continuing education1 and other professional development tools necessary to carry out duties and responsibilities2 and 7,b7 in clause 7i71 by striking requirements and inserting necessary to audit and inspect compliance with all aspects of the risk-based performance standards1 including standards related to cybersecurity12 7,c7 by redesignating clauses 7vi7 and 7vii7 as clauses 7vii7 and 7viii71 respectively2 and 7,d7 by inserting after clause 7v7 the following new clause3 7vi7 the proper credential or certification necessary to conduct inspections related to the cybersecurity standard4 4 7#d7 ,emergency response plans ,such subsection is further amended by adding at the end the following new paragraph3 7#d7 ,audit of emergency response plan ,as part of the audit and inspection process under this subsection1 the ,secretary shall annually confirm compliance of a chemical facility with the requirements under subsection 7c77#a77;,b77ii77,,ii7 including adherence to the facility's documented policy to contact the local emergency manager or local emergency response provider at least annually regarding emergency response plans at the facility under such subsection4 4 7f7 ,risk assessment ,section #bajb7;e7 of such ,act 7#f ,u4,s4,c4 #fbb7;e77 is amended-- 7#a7 in paragraph 7#b77;,b7-- 7,a7 in the matter preceding clause 7i71 by inserting and other malicious acts after terrorism2 and 7,b7 in clause 7ii71 by striking severe economic consequences and the potential loss of human life in the event of the facility being subject to attack1 compromise1 infiltration1 or exploitation by terrorists and inserting consequences in event of the facility being subject to attack1 compromise1 infiltration1 or the exploitation of chemicals of interest by a terrorist or other malicious actor2 7#b7 in paragraph 7#c7-- 7,a7 in subparagraph 7,a7-- 7i7 by redesignating clauses 7i7 and 7ii7 as clauses 7ii7 and 7iii71 respectively2 7ii7 by inserting before clause 7ii71 as so redesignated1 the following new clause 7i73 7i7 the ,secretary determines that a chemical facility of interest does not present a high level of security risk2 2 and 7iii7 in clause 7iii71 as so redesignated1 by inserting or chemical facility of interest after covered chemical facility2 7,b7 in subparagraph 7,b7-- 7i7 by striking information on and all that follows and inserting information on--2 and 7ii7 by adding at the end the following clauses3 7i7 how the ,secretary confirmed the information that was the basis for the change or determination described in subparagraph 7,a72 and 7ii7 actions taken or practices employed by the facility to reduce or remove terrorism-related chemical security risks1 where applicable4 2 and 7,c7 by adding at the end the following new subparagraph3 7,c7 ,treatment of certain information ,for the purposes of subsection 7a7 of section #bajc-- 7i7 information described in subparagraph 7,b77i7 shall be given protections from public disclosure under such subsection2 and 7ii7 information described in subparagraph 7,b77ii7 shall not be given protections from public disclosure under such subsection4 2 7#c7 by redesignating paragraph 7#d7 as paragraph 7#g72 7#d7 by inserting after paragraph 7#c7 the following new paragraphs3 7#d7 ,sharing information with emergency response providers 7,a7 ,in general ,the ,secretary shall make available to ,state1 local1 and regional fusion centers 7as that term is defined in section #baj;,a7j77#a7 of this ,act7 and ,state and local government officials such information as the ,secretary determines necessary to ensure that emergency response providers are 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 subparagraph 7,a7 to individuals identified and entities described in such subparagraph in a secure and expeditious manner4 7#e7 ,practices that may reduce chemical security risks 7,a7 ,in general ,based on the information maintained under paragraph 7#c77;,b77ii7 regarding actions taken or practices employed by chemical facilities of interest to successfully reduce or remove terrorism-related chemical security risks1 the ,secretary shall develop voluntary1 publicly available practices that could be used to guide other facility owners and operators in preventing1 reducing1 and mitigating chemical security risks4 7,b7 ,treatment of sensitive information ,in developing and disseminating practices under subparagraph 7,a71 the ,secretary shall protect from public disclosure all information described in section #bajc7;a74 7#f7 ,congressional notification ,any time a determination is not made with respect to a chemical facility of interest within #i months of the facility submitting a ,top-,screen1 the ,secretary shall notify the ,committees on ,homeland ,security and ,energy and ,commerce of the ,house and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and provide an explanation4 2 and 7#e7 in paragraph 7#f71 as redesignated by paragraph 7#c7 of this subsection-- 7,a7 in subparagraph 7,b77i77,i7-- 7i7 in item 7aa71 by striking or at the end2 7ii7 in item 7bb71 by striking and and inserting or2 and 7iii7 by adding at the end the following new item3 7cc7 determined that a chemical facility of interest did not present a high level of risk2 and 2 7,b7 by amending subparagraph 7,c7 to read as follows3 7,c7 for the period beginning on the date that is one year before the date of the enactment of the ,protecting and ,securing ,chemical ,facilities from ,terrorist ,attacks ,act of #bjai and ending on the date of the enactment of such ,act1 the average length of time required to-- 7i7 review and approve site security plans or alternative security programs for covered chemical facilities2 7ii7 ensure a facility has achieved full implementation of planned security measures2 and 7iii7 conduct a compliance inspection1 including the average length of time inspectors spend on an individual compliance inspection2 2 7,c7 in subparagraph 7,e71 by striking and at the end2 7,d7 by redesignating subparagraph 7,f7 as subparagraph 7,i72 and 7,e7 by inserting after subparagraph 7,e7 the following new subparagraphs3 7,f7 a detailed summary of reports and other information generated under paragraph 7#c7 regarding facilities that receive a change in tier or that are determined not to present a high level of security risk2 7,g7 a detailed summary of practices identified and disseminated under such paragraph2 7,h7 actions taken and results produced in implementing the practices1 to the extent feasible2 and 4 7g7 ,specific products and mixtures ,such section 7#f ,u4,s4,c4 #fbb7 is further amended by adding at the end the following new subsection3 7f7 ,specific products and mixtures containing chemicals of interest ,the ,secretary may exclude a specific product or mixture that contains a chemical of interest at or above the minimum concentration listed on ,appendix ,a to part #bg of title #f1 ,code of ,federal ,regulations1 or any successor thereto1 from any reporting requirements under this section if the ,secretary determines that the product or mixture does not present a terrorism risk for which the chemical of interest contained within the product or mixture was included on ,appendix ,a4 4 #d4 ,protection and sharing of information ,section #bajc of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fbc7 is amended-- 7#a7 by striking subsections 7b71 7c71 and 7f72 and 7#b7 by inserting after subsection 7a7 the following new subsections 7b7 and 7c73 7b7 ,authorized recipients of information ,the ,secretary shall make available1 upon request1 information protected pursuant to subsection 7a7 to the following recipients3 7#a7 ,state and local government officials1 including law enforcement and emergency response providers1 with respect to information on any chemical facility of interest within the jurisdiction of the official1 but only if such information may not be disclosed pursuant to any ,state or local law4 7#b7 ,members of ,congress4 7#c7 ,members of the ,chemical ,security ,advisory ,committee under section #bjaj1 in the course of conducting official duties and responsibilities as described in such section4 7#d7 ,the ,comptroller ,general of the ,united ,states4 7c7 ,information developed for other purposes ,nothing in this section shall be construed to prohibit a chemical facility of interest from disclosing information that was not created solely for the purpose of meeting the requirements of this title4 4 #e4 ,civil enforcement ,section #bajd of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fbd7 is amended-- 7#a7 in subsection 7a77#a7-- 7,a7 in subparagraph 7,a77i71 by striking #ad days after date on which and inserting three days after the date on which2 and 7,b7 in subparagraph 7,b71 by striking #ahj days and inserting #cj days2 7#b7 in subsection 7b77#b71 by inserting section #bajb7;a77#b77;,b7 or any requirement issued by the ,secretary thereunder after comply with2 7#c7 in subsection 7c71 by inserting or other malicious act after terrorist incident2 and 7#d7 in subsection 7d71 by inserting 1 except as provided in section #baje7;a77#e7 regarding whistleblower retaliation before the period at the end4 #f4 ,whistleblower protection ,section #baje of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fbe7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking ,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 and inserting ,the ,secretary2 7,b7 by amending paragraph 7#b7 to read as follows3 7#b7 ,confidentiality 7,a7 ,in general ,except as provided in subparagraph 7,b71 in the absence of the written consent of an individual who submits a report under paragraph 7#a7-- 7i7 the ,secretary shall keep confidential the identity of and any identifying information relating to that individual2 and 7ii7 any such report shall be subject to the protections on information under section #bajc of this ,act to the extent that the report does not consist of publicly available information4 7,b7 ,notice ,in a case in which it is necessary to disclose the identity of or any identifying information relating to an individual who submits a report under paragraph 7#a7 because it is essential to investigate the information contained in the report or because of compulsory legal process1 the ,secretary shall provide timely advance notice to the individual of such disclosure4 2 7,c7 by amending paragraph 7#c7 to read as follows3 7#c7 ,response to reports ,if a report submitted under paragraph 7#a7 contains information identifying the individual making the report1 the ,secretary1 or the designee of the ,secretary shall1 by not later than #ae days after the date on which the report is received1 respond to the individual directly and acknowledge receipt of the report4 2 7,d7 in paragraph 7#e7-- 7i7 by amending subparagraph 7,c7 to read as follows3 7,c7 ,opportunity for review ,in any action under paragraph 7#d7 that is based on information received under the procedure established under paragraph 7#a71 the ,secretary shall provide for review of the action if a petition for review is filed within #bj calendar days of the date of issuance of the order for the action4 2 7ii7 in subparagraph 7,d7-- 7,i7 by striking unless the ,secretary determines and inserting 1 except that the ,secretary may provide for a #cj-;day extension if the ,secretary determines2 7,,ii7 by striking that the violation providing a basis for the action continues to exist4 and inserting that--2 and 7,,iii7 by adding at the end the following new clauses3 7i7 the violation providing a basis for the action continues to exist2 or 7ii7 such period is insufficient to complete the review of the action4 2 and 7,e7 in paragraph 7#f7-- 7i7 in subparagraph 7,a71 by striking 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 and inserting discharge an employee or otherwise discriminate against an employee or former employee with respect to the compensation provided to1 or terms1 conditions1 or privileges associated with current or past employment of1 the employee or former employee because the employee or former employee 7or an individual acting pursuant to a request of the employee or former employee7 submitted a report under paragraph 7#a742 and 7ii7 in subparagraph 7,b71 in the matter preceding clause 7i71 by-- 7,i7 inserting or former employee after ,an employee2 and 7,,ii7 inserting or former employee 7or an individual acting pursuant to a request of the employee or former employee7 after the employee2 and 7iii7 by adding at the end the following new subparagraph3 7,c7 ,procedure and remedy 7i7 ,in general ,the ,secretary shall establish a procedure for the review and investigation of complaints of reprisals prohibited under subparagraph 7,a7 and for remedies for violations of such subparagraph4 7ii7 ,judicial remedies ,nothing in this title shall be construed to deny an individual who submits a complaint for any reprisal prohibited under subparagraph 7,a7 from seeking a judicial remedy against the owner or operator of the chemical facility of interest as long as the individual has exhausted administrative remedies4 2 and 7#b7 by striking subsection 7d74 #g4 ,chemical ,security ,advisory ,committee 7a7 ,in general ,title ,,xxi of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fba et seq47 is amended by adding at the end the following new section3 #baaj4 ,chemical ,security ,advisory ,committee 7a7 ,establishment ,the ,secretary shall establish a standing ,chemical ,security ,advisory ,committee to advise the ,secretary on the implementation of this title4 7b7 ,membership 7#a7 ,in general ,the ,advisory ,committee shall be comprised of #ab members selected by the ,secretary1 which shall include at least one individual who is a multi-disciplinary stakeholder with scientific or other expertise representing each of the following3 7,a7 ,industry4 7,b7 ,academia4 7,c7 ,labor4 7,d7 ,emergency response providers4 7,e7 ,local emergency planners4 7,f7 ,environmental1 community1 or public health advocates1 particularly for communities with high concentrations of covered chemical facilities4 7,g7 ,cybersecurity and information policy4 7#b7 ,terms ,each member shall be appointed for an initial term of three years and may be reappointed for one additional three-year term4 7#c7 ,chair ,the ,committee shall have a chair1 who shall be selected by the members of the ,committee4 7#d7 ,pay ,members shall serve without pay4 7#e7 ,quorum ,a majority of members of the ,advisory ,committee shall constitute a quorum but a lesser number may hold hearings4 7c7 ,subcommittees ,the ,advisory ,committee may establish subcommittees to assesses and recommend improvements to the risk tiering methodology for chemical facilities1 the risk-based performance standards for chemical facilities1 risk reduction strategies1 and other aspects of the program under this title as the ,secretary determines appropriate4 7d7 ,information protection ,members of ,advisory ,committee shall maintain information protections pursuant to section #bajc of this ,act4 ,any member who needs to access classified information to carry out assessments and recommendations for improving the risk tiering methodology for chemical facilities shall have an appropriate security clearance4 7e7 ,annual report 7#a7 ,submission to the ,secretary ,not later than ,january #cj each year1 the chair shall submit to the ,secretary a report on the activities of the ,committee during the year preceding the year during which the report is submitted4 7#b7 ,submission to congress ,not later than #de days after receiving a report from the ,advisory ,committee under paragraph 7#a71 the ,secretary shall provide to the ,committees on ,homeland ,security and ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate a copy of the report together with any ,secretarial feedback on the report4 7f7 ,applicability of ,,faca ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the ,committee established under this section4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of such ,act is amended by inserting after the item relating to section #baji the following new item3 #baaj4 ,chemical ,security ,advisory ,committee4 4 #h4 ,implementation plan and report to ,congress 7a7 ,implementation plan ,not later than #abj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall develop1 and submit to ,congress1 an implementation plan outlining how the ,secretary plans to-- 7#a7 aggregate1 anonymize1 and analyze data collected from covered chemical facilities or chemical facilities of interest to identify practices that such facilities have employed to successfully reduce or remove terrorism-related chemical security risks2 7#b7 develop voluntary1 publicly available1 practices based on such data1 which may be updated as necessary1 to guide facility owners and operators in preventing1 reducing1 and managing security risks2 and 7#c7 disseminate such practices to chemical facility owners and operators through an appropriate medium or system1 including by making such practices available to the public to the greatest extent practicable4 7b7 ,report 7#a7 ,initial report ,not later than two years after the date of the enactment of this ,act1 the ,secretary shall submit to ,congress a report on the status of implementation plan required under subsection 7a71 a description of the voluntary1 publicly available1 practices identified1 and the system or medium used to disseminate such practices to chemical facility owners and operators4 7#b7 ,annual updates ,not later than one year after the submission of the report required under paragraph 7#a71 and annually thereafter1 the ,secretary shall submit to ,congress information on changes to the voluntary practices information disseminated and bases for such changes1 information on feedback collected from facility owners and operators regarding the extent to which voluntary practices were adopted1 and information on what impact the dissemination of voluntary practices have had on the effectiveness of the program4 #i4 ,study on risks posed by excluded facilities 7a7 ,study required ,the ,secretary of ,homeland ,security shall enter into an agreement with a non-,department of ,homeland ,security entity for the conduct of an independent assessment of-- 7#a7 the implications for national security and homeland security of exempting from regulation under title ,,xxi of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fba et seq47 excluded facilities1 as such term is defined in section #baja7d7 of such ,act42 7#b7 the implications for such excluded facilities of exempting such facilities from regulation2 and 7#c7 the implications of exempting such facilities from regulation for the communities located in the same geographic areas as such facilities4 7b7 ,report to ,congress ,not later than #af months after entering into an agreement under subsection 7a71 the ,secretary of ,homeland ,security shall submit to the appropriate congressional committees a report that includes the findings and recommendations of the independent assessment required by subsection 7a74 7c7 ,appropriate congressional committees ,in this section1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7#b7 the ,committee on ,homeland ,security and the ,committee on ,energy and ,commerce of the ,house of ,representatives4 #aj4 ,study on feasibility of waiver program 7a7 ,study required ,the ,secretary of ,homeland ,security shall conduct a study to assess the feasibility and desirability of establishing a process under which certain chemical facilities1 as determined by the ,secretary1 may apply to for a waiver of certain regulatory requirements under title ,,xxi of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fba et seq47 upon showing that-- 7#a7 the requirements under such title are covered1 to the same extent and in the same manner1 under another ,federal regulatory program2 7#b7 the facility is in full and complete compliance with such other ,federal regulatory program1 as shown through timely scheduled inspections1 audits1 and other supporting evidence2 and 7#c7 the facility has not1 during the five-year period preceding the date on which a waiver is requested1 been subject to an enforcement action brought by the ,federal regulator overseeing such regulatory program or been found to be noncompliant with any aspect of such regulatory program4 7b7 ,report to congress ,not later than two years after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall submit to the appropriate congressional committees a report that includes detailed findings regarding the establishment of the process described in subsection 7a7 and1 if appropriate1 recommendations for implementation4 7c7 ,appropriate congressional committees ,in this section1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7#b7 the ,committee on ,homeland ,security and the ,committee on ,energy and ,commerce of the ,house of ,representatives4 #aa4 ,review of tiering methodology 7a7 ,review required ,the ,director of the ,cybersecurity and ,infrastructure ,security ,agency shall-- 7#a7 conduct a review of the risk assessment approach and corresponding tiering methodology for covered chemical facilities required pursuant to section #bajb7;e77#b7 of the ,homeland ,security ,act of #bjjb1 as amended by this ,act1 and assess the extent to which the approach and tiering methodology takes into account-- 7,a7 the nature of the area surrounding the chemical facility1 the presence of nearby facilities or other critical infrastructure1 and other features of the community that could contribute to the consequences of a terrorist attack or exploitation of chemicals of interest2 7,b7 the potential effects on the health and economic conditions of communities disproportionately vulnerable to the consequences of a terrorist attack or exploitation of chemicals of interest2 and 7,c7 the vulnerabilities of chemical facilities to cybersecurity threats1 including the vulnerabilities of facilities' information technology and operational technology and the implications on the potential for penetration of both the physical security and cybersecurity of facilities2 and 7#b7 based on the review under paragraph 7#a71 develop a plan to ensure that when the tiering methodology is next updated1 the nature of the surrounding area1 the presence of nearby facilities or other critical infrastructure1 and other features of the community that could contribute to the consequences of a terrorist attack or exploitation of chemicals of interest and impacts on communities disproportionately vulnerable to the consequences of a terrorist attack or exploitation of chemicals of interest are considered4 7b7 ,report to ,congress 7#a7 ,report on review ,not later than two years after the date of the enactment of this ,act1 the ,director shall submit to the appropriate congressional committees a report on the tiering methodology review required under subsection 7a74 7#b7 ,submittal of plan ,not later than one year after submitting the report under paragraph 7#a71 the ,director shall submit to the appropriate congressional committees the tiering methodology plan required under subsection 7a77#b74 7#c7 ,appropriate congressional committees ,in this section1 the term appropriate congressional committees means-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7,b7 the ,committee on ,homeland ,security and the ,committee on ,energy and ,commerce of the ,house of ,representatives4 #ab4 ,comptroller ,general reports 7a7 ,evaluation of effectiveness of risk-based performance standards 7#a7 ,study and report ,not later than #ah months after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall conduct a study and submit to the appropriate congressional committees a report on the effectiveness of the risk-based performance standards used by the ,department of ,homeland ,security under title ,,xxi of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fba et seq47 in protecting businesses1 employees1 the economy1 the public1 and national security against existing and evolving threats of concern4 7#b7 ,contents of report ,the report required by paragraph 7#a7 shall address-- 7,a7 the sufficiency of security risk determinations and countermeasures under title ,,xxi of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fba et seq472 and 7,b7 the need for revised or additional methods to address evolving security risks4 7b7 ,evaluation of information management ,not later than one year after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall conduct a study and submit to the appropriate congressional committees a report on-- 7#a7 how the ,secretary of ,homeland ,security documents1 maintains1 and uses information on tiering changes pursuant to section #bajb7;e77#c7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fbb7;e77#c772 and 7#b7 how management1 maintenance1 utility1 and use of the information could be improved to better identify and disseminate practices to reduce chemical security risks4 7c7 ,evaluation of practices to reduce chemical security risks ,not later than three years after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the appropriate congressional committees a report on the effectiveness of the development and distribution by the ,secretary of ,homeland ,security of practices to address chemical security risks and of any actions taken or results produced in response to such practices4 7d7 ,appropriate congressional committees ,in this section1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7#b7 the ,committee on ,homeland ,security and the ,committee on ,energy and ,commerce of the ,house of ,representatives4 #ac4 ,voluntary mechanism for reporting drones and other emerging threats 7a7 ,in general ,not later than #abj days after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security1 acting through the ,director of the ,cybersecurity and ,infrastructure ,security ,agency1 shall provide a secure communications and information technology infrastructure or platform that allows owners and operators of covered chemical facilities to report1 on a voluntary basis1 information on emerging threats1 including terrorism threats posed by unmanned aircraft systems 7as defined in section #cca7i7 of the ,,faa ,modernization and ,reform ,act of #bjab 7,public ,law #aab-ie2 #di ,u4,s4,c4 #djaja note7 to covered chemical facilities4 7b7 ,platform capabilities ,the ,secretary shall ensure that the secure communications and information technology infrastructure or platform established pursuant to subsection 7a7 is designed to support data mining and other advanced analytic tools to access1 receive1 and analyze data and information to facilitate the reporting of the information described in subsection 7a74 #ad4 ,regulations regarding specific products and mixtures containing chemicals of interest ,not later than one year after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall prescribe regulations to enact a process through which the ,secretary can be petitioned to exclude a product or mixture under subsection 7f7 of section #bajb of the ,homeland ,security ,act1 as added by section #c4 ,in collecting information from petitioners under such subsection1 the ,secretary shall not be subject to subchapter ,i of chapter #ce of title #dd1 ,united ,states ,code1 or section #eec of title #e1 ,united ,states ,code4 #ae4 ,voluntary program 7a7 ,in general ,the ,director of ,cybersecurity and ,infrastructure ,security of the ,department of ,homeland ,security may develop a voluntary program for chemical facilities to address potential security risks at such facilities4 7b7 ,congressional notification ,not less than #ae days prior to commencing a voluntary program pursuant to subsection 7a71 the ,director shall provide notification to the ,committee on ,homeland ,security and the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate4 #af4 ,study on local emergency response capacity to respond to chemical security incidents 7a7 ,study required ,the ,secretary of ,homeland ,security1 acting through the ,under ,secretary for ,science and ,technology1 shall conduct a study on how to improve training and support for local emergency response providers in areas with high concentrations of covered chemical facilities in how to respond to a terrorist attack on a chemical facility4 7b7 ,features ,in carrying out the study required under subsection 7a71 the ,secretary shall consider1 as appropriate-- 7#a7 the degree to which jurisdictions with high concentrations of covered chemical facilities have fire1 police1 medical1 and other response personnel trained and equipped to respond to a terrorist attack on a chemical facility and have-- 7,a7 evacuation and shelter in place protocols tailored to the unique needs of the jurisdiction and the chemical properties of chemicals of interest that would be involved in the attack and that take into consideration vulnerable populations1 including schools1 child care centers1 nursing facilities1 and hospitals2 7,b7 community notification and warning systems2 and 7,c7 surge capacities of hospitals and other health care facilities in the area2 and 7#b7 what1 if any1 distinctions are there in preparedness for a terrorist attack on a chemical facility in jurisdictions that rely on volunteers to carry out fire1 police1 medical and other response and jurisdictions that do not rely1 in whole or in part1 on volunteers2 and 7#c7 all training1 equipment1 and support provided by the ,department of ,homeland ,security to local emergency response providers in areas with a high concentration of covered chemical facilities and chemical facilities of interest4 7c7 ,survey ,in carrying out the study required under subsection 7a71 the ,secretary may partner with a non-,departmental entity for the survey of a representative sample of emergency response providers in areas with a high concentration of covered chemical facilities1 chemical facilities of interest1 or other facilities with large quantities of chemicals4 7d7 ,report ,no later than two years from the date on which the ,secretary commences the study required under subsection 7a71 the ,secretary shall submit to ,congress the study1 accompanied by plans1 as appropriate1 to-- 7#a7 improve the ,department's counter-terrorism preparedness and response planning1 training1 and equipment efforts to ensure that they are better tailored and resourced to address the unique needs of local emergency response providers in areas with a high concentration of covered chemical facilities and chemical facilities of interest2 and 7#b7 improve coordination among ,federal1 ,state1 local1 tribal1 and territorial government officials in emergency planning and response in areas with high concentrations of covered chemical facilities1 chemical facilities of interest1 or other facilities with large quantities of hazardous chemicals4 7e7 ,public availability ,the report required under this section shall be made publicly available1 but may include a classified annex4 #ag4 ,previously approved facilities ,in the case of a chemical facility that is a covered chemical facility under title ,,xxi of the ,homeland ,security ,act of #bjjb for which the ,secretary of ,homeland ,security approved a site security plan under such title before the date of enactment of this ,act1 the ,secretary shall not require the facility to resubmit the site security plan solely by reason of the enactment of this ,act or the amendments made by this ,act4 #ah4 ,termination ,section #e of the ,protecting and ,securing ,chemical ,facilities ,from ,terrorist ,attacks ,act of #bjad 7,public ,law #aac-bed2 #f ,u4,s4,c4 #fba note7 is amended by striking the date that is #e years and #c months after the effective date of this ,act and inserting ,may #a1 #bjbe4 ,september #ba1 #bjbj;,committee on ,energy and ,commerce discharged2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed