,,ii #aafth ,,congress #b;d ,session ,s4 #cdaf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #e1 #bjbj,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 contents2 definitions 7a7 ,short title ,this ,act may be cited as the ,protecting and ,securing ,chemical ,facilities from ,terrorist ,attacks ,act of #bjbj4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents2 definitions4,sec4 #b4 ,definitions4,sec4 #c4 ,chemical ,facility ,anti-,terrorism ,standards ,program requirements4,sec4 #d4 ,purpose4,sec4 #e4 ,employee input regarding security measures4,sec4 #f4 ,strategy to improve cybersecurity and outreach to local emergency responders4,sec4 #g4 ,site security plan assessments4,sec4 #h4 ,expedited approval program4,sec4 #i4 ,,cfats recognition program4,sec4 #aj4 ,standards for auditors and inspectors4,sec4 #aa4 ,personnel surety program4,sec4 #ab4 ,security risk assessment approach and corresponding tiering methodology4,sec4 #ac4 ,data collection1 recording1 and lessons learned4,sec4 #ad4 ,semiannual performance reporting4,sec4 #ae4 ,responsibilities of the ,secretary4,sec4 #af4 ,amendments relating to ,appendix ,a of part #bg of title #f1 ,united ,states ,code4,sec4 #ag4 ,informal consultations and assessments4,sec4 #ah4 ,protection and sharing of information4,sec4 #ai4 ,,cfats regulations4,sec4 #bj4 ,employee awareness4,sec4 #ba4 ,notification relating to the ,chemical ,facility ,anti-,terrorism ,standards ,program4,sec4 #bb4 ,bidirectional information sharing platform4,sec4 #bc4 ,updated retrospective estimate on costs4,sec4 #bd4 ,,cfats security harmonization waiver program4,sec4 #be4 ,implementation plan and report to ,congress4,sec4 #bf4 ,effective date4,sec4 #bg4 ,termination4,sec4 #bh4 ,technical and conforming amendment4 7c7 ,definitions ,in this ,act3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees 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 ,representatives4 7#b7 ,chemical ,facility ,anti-,terrorism ,standards ,program ,the term ,chemical ,facility ,anti-,terrorism ,standards ,program means the ,chemical ,facility ,anti-,terrorism ,standards ,program established under section #bajb7;a7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fbb7;a774 7#c7 ,chemical facility of interest2 chemical of interest2 covered chemical facility ,the terms chemical facility of interest1 chemical of interest1 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 #fba71 as amended by section #b of this ,act4 7#d7 ,lessons learned ,the term lessons learned means the lessons learned1 developed1 and disseminated by the ,secretary under section #bajc7;e77#d7 of the ,homeland ,security ,act of #bjjb1 as added by section #ac of this ,act4 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 #b4 ,definitions 7a7 ,in general ,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 as designated under ,appendix ,a to part #bg of title #f1 ,code of ,federal ,regulations1 or any successor thereto12 7#b7 by striking paragraph 7#ad72 7#c7 by redesignating paragraphs 7#aj7 through 7#ac7 as paragraphs 7#ac7 through 7#af71 respectively2 7#d7 by redesignating paragraph 7#i7 as paragraph 7#aa72 7#e7 by redesignating paragraphs 7#c7 through 7#h7 as paragraphs 7#d7 through 7#i71 respectively2 7#f7 by inserting after paragraph 7#b7 the following3 7#c7 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 2 7#g7 in paragraph 7#i71 as so redesignated1 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 program2 7#h7 by inserting after paragraph 7#i71 as so redesignated1 the following3 7#aj7 the term hybrid physical-cybersecurity vulnerability-- 7,a7 means a vulnerability in the security of a covered chemical facility that relates to the combination of the physical operations and cybersecurity operations of the covered chemical facility2 and 7,b7 includes a vulnerability of a covered chemical facility to-- 7i7 a physical threat to a cybersecurity operation affecting the chemical of interest of the covered chemical facility2 or 7ii7 a cybersecurity threat to a physical operation of the covered chemical facility2 2 7#i7 by inserting after paragraph 7#aa71 as so redesignated1 the following3 7#ab7 the term security vulnerability assessment means an assessment of the vulnerabilities of a covered chemical facility to-- 7,a7 physical threats2 and 7,b7 cybersecurity threats relating to-- 7i7 the information technology or operational technology of the covered chemical facility2 and 7ii7 7,i7 a chemical of interest2 7,,ii7 an operation involving a chemical of interest2 or 7,,iii7 a security measure of the covered chemical facility2 2 7#aj7 in paragraph 7#ae71 as so redesignated1 by inserting and after the semicolon2 and 7#aa7 in paragraph 7#af71 as so redesignated1 by striking 2 and and inserting a period4 7b7 ,conforming amendments ,title ,,xxi of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fba et seq47 is amended-- 7#a7 in section #bajb7;e77#e77;,b77i77,i77bb7 7#f ,u4,s4,c4 #fbb7;e77#e77;,b77i77,i77bb771 as so redesignated by section #ac of this ,act1 by striking section #baja7c7 and inserting section #baja7d72 and 7#b7 in section #bajc 7#f ,u4,s4,c4 #fbc7-- 7,a7 in subsection 7a71 by inserting security before vulnerability assessments2 and 7,b7 in subsection 7d71 by inserting security before vulnerability assessments4 #c4 ,chemical ,facility ,anti-,terrorism ,standards ,program requirements ,section #bajb7;a77#b77;,c7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fbb7;a77#b77;,c77 is amended by inserting eliminate or mitigate physical1 cybersecurity1 and hybrid physical-cybersecurity vulnerabilities in order to before address4 #d4 ,purpose ,section #bajb7;a7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fbb7;a77 is amended by adding at the end the following3 7#c7 ,purpose ,the purpose of the ,chemical ,facility ,anti-,terrorism ,standards ,program is to-- 7,a7 enhance the security of the ,united ,states by lowering the security risks posed by chemicals designated under ,appendix ,a to part #bg of title #f1 ,united ,states ,code1 or any successor thereto1 at covered chemical facilities2 and 7,b7 prevent the chemicals described in subparagraph 7,a7 from being exploited in terrorist attacks4 4 #e4 ,employee input regarding security measures ,section #bajb7;b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fbb7;b77 is amended by striking paragraph 7#b7 and inserting the following3 7#b7 ,employee input 7,a7 ,in general ,the security vulnerability assessment and site security plan of a covered chemical facility shall include input from not less than #a employee of the covered chemical facility1 and1 where applicable1 #a employee representative from the bargaining agent at that covered chemical facility1 each of whom possesses chemical terrorism vulnerability information training and1 in the determination of the security officer of the covered chemical facility1 relevant knowledge1 experience1 or education as pertains to matters of site security4 7,b7 ,scope of employee consultation ,any recommendation offered by an employee or employee representative under this paragraph-- 7i7 shall be limited to the purpose of the development of the security vulnerability assessment and site security plan of the covered chemical facility as required under this title2 and 7ii7 shall not be considered protected information or a protected disclosure under section #baje4 7,c7 ,employee awareness ,the ,secretary shall produce a poster for display in a restricted area of a covered chemical facility that is accessible to employees of the covered chemical facility to inform those employees of the consultation requirements under this paragraph4 4 #f4 ,strategy to improve cybersecurity and outreach to local emergency responders 7a7 ,strategy ,not later than #a year after the date of enactment of this ,act1 and every #b years thereafter1 the ,secretary shall issue a strategy that includes the strategic and operational goals and priorities of the ,department of ,homeland ,security for covered chemical facilities to improve the cybersecurity of covered chemical facilities and the sharing of information with the local emergency manager1 the local emergency response provider1 and any on site emergency response provider for a covered chemical facility4 7b7 ,contents ,the strategy issued under subsection 7a7 shall include-- 7#a7 an unclassified assessment of cybersecurity threats relating to-- 7,a7 the information technology or operational technology affecting the security risk of a chemical of interest of the covered chemical facility2 7,b7 processes and operations relating to a chemical of interest2 and 7,c7 security measures of the covered chemical facility relating to a chemical of interest2 7#b7 processes for periodic mitigation of security vulnerabilities1 as defined in section #ajb of the ,cybersecurity ,information ,sharing ,act of #bjae 7#f ,u4,s4,c4 #aeja71 to the information technology or operational technology affecting the security risk of a chemical of interest of the covered chemical facility to cybersecurity threats that affect the processes and operations relating to a chemical of interest or the security measures of the covered chemical facility relating to a chemical of interest2 7#c7 guidance on further improving outreach to the local emergency manager1 the local emergency response provider1 and any on site emergency response provider for a covered chemical facility1 which shall include-- 7,a7 a statement of the name or title1 organizational affiliation1 and phone number of a local emergency manager or local emergency response provider1 and any on site emergency response provider1 for the covered chemical facility2 7,b7 the documented policy of the covered chemical facility to coordinate access to the facility with the local emergency manager1 local emergency response provider1 and any on site emergency response provider described in subparagraph 7,a71 for purposes of training and pre-incident planning2 and 7,c7 written documentation by the covered chemical facility that the owner or operator has provided the local emergency manager or local emergency response provider with need to know 7within the meaning of section #bg4djj7;e7 of title #f1 ,code of ,federal ,regulations1 or any successor thereto7 and appropriate chemical-terrorism vulnerability information credentials the name and amount of each chemical of interest held1 stored1 or manufactured at the covered chemical facility4 7c7 ,stakeholder input ,in issuing the strategy issued under subsection 7a71 the ,secretary shall solicit input from covered chemical facilities and local emergency managers1 local emergency response providers1 and on site emergency response providers for covered chemical facilities4 #g4 ,site security plan assessments ,section #bajb7;c77#c7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fbb7;c77 is amended-- 7#a7 in subparagraph 7,b71 by striking #bjad and inserting #bjbj2 and 7#b7 by adding at the end the following3 7,c7 ,review of compliance ,in approving or disapproving a site security plan under this subsection1 the ,secretary shall confirm that the covered chemical facility has complied with the employee consultation requirements under subsection 7b77#b71 including by reviewing and recording compliance with the documentation requirements under subsection 7b77#b77;,d74 4 #h4 ,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 shall use 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 #ae2 and 7ii7 by striking subparagraph 7,c7 and inserting subparagraph 7,c77i72 7#e7 in subparagraph 7,e77i71 in the matter preceding subclause 7,i71 by striking 7,c7 and inserting 7,c77i72 7#f7 in subparagraph 7,f77i77,i71 by striking subparagraph 7,c7 and inserting subparagraph 7,c77i72 and 7#g7 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 #i4 ,,cfats recognition program 7a7 ,in general ,section #bajb7;c7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fbb7;c77 is amended by adding at the end the following3 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 is reviewed and certified by the ,secretary to participate in the ,,cfats ,recognition ,program2 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 #b years after the date of enactment of the ,protecting and ,securing ,chemical ,facilities from ,terrorist ,attacks ,act of #bjbj1 the ,secretary shall prescribe regulations1 including guidance if appropriate1 to establish a program that shall be known as the ,,cfats ,recognition ,program-- 7,i7 with the goal of leveraging current and future industry stewardship programs to further enhance the security at covered chemical facilities2 7,,ii7 to provide incentives for greater regulatory relief while ensuring that the overarching security objectives of the ,chemical ,facility ,anti-,terrorism ,standards ,program are satisfied2 and 7,,iii7 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 prescribe such regulations and guidance as the ,secretary determines to be necessary or appropriate for the implementation of the ,,cfats ,recognition ,program4 7ii7 ,interim rules ,the ,secretary may issue the regulations required under clause 7i7 by interim final rule to the extent necessary to expedite the establishment of the ,,cfats ,recognition ,program under that clause4 7iii7 ,applicability of other laws ,during the period before the ,secretary has met the deadline under clause 7i71 in developing and prescribing1 or amending1 the regulations 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 #b years after the date of enactment of the ,protecting and ,securing ,chemical ,facilities from ,terrorist ,attacks ,act of #bjbj1 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 measures that align with the risk-based performance standards established under subsection 7a77#b77;,c72 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 #b years after the date of enactment of the ,protecting and ,securing ,chemical ,facilities from ,terrorist ,attacks ,act of #bjbj1 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 inspections through adjustments to the inspection frequency algorithm of the ,department1 except with respect to any inspection-- 7,,aa7 relating to a planned measure in the site security plan of a participating facility that has not been fully implemented2 or 7,,bb7 of a participating facility that 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 appropriate congressional committees on the progress in carrying out the ,,cfats ,recognition ,program4 4 7b7 ,,gao review and report 7#a7 ,review ,not later than #c years after the date on which the ,secretary establishes the ,,cfats ,recognition ,program under paragraph 7#e7 of section #bajb7;c7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fbb7;c771 as added by subsection 7a71 the ,comptroller ,general of the ,united ,states shall conduct a review of the program1 which shall include-- 7,a7 an assessment of the effectiveness of the program1 including-- 7i7 the result of leveraging industry stewardship programs to further secure covered chemical facilities2 7ii7 any security improvements or deficiencies at covered chemical facilities participating in the program2 and 7iii7 the estimated cost savings of the program to the ,federal ,government2 7,b7 recommendations on additional incentives that the ,secretary should provide for covered chemical facilities participating in the program2 and 7,c7 recommendations for any changes to the program4 7#b7 ,report ,not later than #bgj days after the date on which the ,comptroller ,general of the ,united ,states begins the review required under paragraph 7#a71 the ,comptroller ,general shall submit to the appropriate congressional committees a report on the review4 #aj4 ,standards for auditors and inspectors ,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,d71 by inserting 1 or any successor organization1 after ,infrastructure ,security ,compliance ,division each place that term appears2 7#b7 in subparagraph 7,e7-- 7,a7 by redesignating clauses 7i7 through 7vii7 as subclauses 7,i7 through 7,,vii71 respectively1 and adjusting the margins accordingly2 7,b7 in the matter preceding subclause 7,i71 as so redesignated1 by striking ,the ,secretary and inserting the following3 7i7 ,in general ,the ,secretary 2 7,c7 in clause 7i71 as so designated-- 7i7 in subclause 7,i71 as so redesignated1 by striking the semicolon at the end and inserting the following3 8that include-- 7aa7 requirements relating to training-- 7,,aa7 in inspection methods evaluating performance-based measures to determine whether a chemical facility is in compliance with this title1 including examples of such training2 and 7,,bb7 with respect to consistency in the application of inspection methods described in subitem 7,,aa72 and 7bb7 requirements relating to training in alternative security plans and programs2 2 7ii7 in subclause 7,,ii71 as so redesignated1 by inserting 1 including periodic performance reviews of each such individual after retraining requirements2 7iii7 in subclause 7,,vi71 as so redesignated1 by striking and2 7iv7 by redesignating subclause 7,,vii71 as so redesignated1 as subclause 7,,viii72 and 7v7 by inserting after subclause 7,,vi71 as so redesignated1 the following3 7,,vii7 a requirement that each such individual who is not a trained auditor or inspector carry out inspections as a trainee to an experienced auditor or inspector until the experienced auditor or inspector ensures that the trainee is qualified to carry out any other audit or inspection under this subsection2 and 2 and 7,d7 by adding at the end the following3 7ii7 ,annual review 7,i7 ,in general ,not later than #b years after the date of enactment of the ,protecting and ,securing ,chemical ,facilities from ,terrorist ,attacks ,act of #bjbj1 and every #b years thereafter1 the ,secretary shall conduct a review of audits and inspections carried out under this subsection to evaluate the consistency of the manner in which auditors and inspectors carry out the audits and inspections1 which shall include an analysis of any inconsistency in the manner in which the auditors and inspectors carry out the audits and inspections in different regions of the ,united ,states4 7,,ii7 ,briefing ,not later than #fj days after the date on which each review is conducted under subclause 7,i71 the ,secretary shall brief the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,homeland ,security and the ,committee on ,energy and ,commerce of the ,house of ,representatives on the results of the review4 7,,iii7 ,incorporation in training ,the ,secretary shall1 as appropriate1 incorporate the findings of each review under subclause 7,i7 in developing the standards for the training and retraining of auditors and inspectors under clause 7i74 7iii7 ,definition ,in this subparagraph1 the term trained auditor or inspector means an individual who-- 7,i7 has completed the training required to be an auditor or inspector used by the ,department2 and 7,,ii7 is or was used as an auditor or inspector by the ,department on or before the date of enactment of the ,protecting and ,securing ,chemical ,facilities from ,terrorist ,attacks ,act of #bjbj4 2 and 7#c7 by adding at the end the following3 7,g7 ,evaluation standard 7i7 ,in general ,not later than #a year after the date of enactment of the ,protecting and ,securing ,chemical ,facilities from ,terrorist ,attacks ,act of #bjbj1 the ,secretary shall develop an official standard to evaluate the consistency of the manner in which auditors and inspectors carry out the audits and inspections under this subsection4 7ii7 ,briefing ,not later than #c months after the ,secretary develops the standard under clause 7i71 the ,secretary shall brief the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,homeland ,security and the ,committee on ,energy and ,commerce of the ,house of ,representatives on the standard4 4 #aa4 ,personnel surety program 7a7 ,in general ,section #bajb7;d77#b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fbb7;d77#b77 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 in clause 7i7-- 7i7 by inserting to the ,secretary for vetting after information about an individual2 and 7ii7 by striking #a time2 and inserting the following3 #a time1 except that the covered chemical facility shall supply additional information requested by the ,secretary if-- 7,i7 any information submitted about an individual with access to restricted areas and critical assets-- 7aa7 is incorrect or incomplete2 or 7bb7 changes2 7,,ii7 an individual who previously had access to restricted areas and critical assets1 no longer has such access2 7,,iii7 an individual regains access to restricted areas and critical assets2 or 7,,iv7 the ,secretary requests information to-- 7aa7 verify compliance with screening for terrorist ties under the ,personnel ,surety ,program2 or 7bb7 complete or respond to terrorist ties vetting2 2 and 7,b7 in clause 7ii71 by inserting who will have access to restricted areas and critical assets1 after about an individual2 7#b7 in subparagraph 7,b77i77,i71 by inserting 1 provided that1 if an individual screened through the ,federal screening program legally changes his or her name1 the owner or operator of the covered chemical facility may not rely on a credential containing the previous name of the individual after the date that #ij days after the date on which the owner or operator is notified of the change in the name of the individual before the semicolon2 and 7#c7 by adding at the end the following3 7,d7 ,requirement to update ,not later than #cj days after the date on which the ,secretary receives additional information requested by the ,secretary under subparagraph 7,a77i77,i71 the ,secretary shall update the information accordingly within the terrorist screening database1 which shall include removing an individual from the terrorist screening database if the individual no longer has access to a restricted area or critical asset and adding an individual to the terrorist screening database if the individual regains that access4 7,e7 ,timeline for ,tier #c and #d facilities 7i7 ,in general ,not later than #g years after the date of enactment of the ,protecting and ,securing ,chemical ,facilities from ,terrorist ,attacks ,act of #bjbj1 the ,secretary shall implement the ,personnel ,surety ,program established under subparagraph 7,a7 with respect to covered chemical facilities assigned to tier #c and tier #d at which the ,personnel ,surety ,program is not implemented as of the date of enactment of the ,protecting and ,securing ,chemical ,facilities from ,terrorist ,attacks ,act of #bjbj1 except that the ,secretary may not1 in any fiscal year1 implement the ,personnel ,surety ,program with respect to more than #ae percent of such covered chemical facilities1 except that if an owner or operator of any such covered chemical facility voluntarily chooses to implement the ,personnel ,surety ,program1 such covered chemical facility shall not be counted against that percent4 7ii7 ,federal information policy ,the ,secretary shall not be subject to subchapter ,i of chapter #ce of title #dd1 ,united ,states ,code1 until the date that is #c years after the date on which clause 7i7 is implemented4 7,f7 ,briefing to ,congress ,not later than #a year after the date of enactment of the ,protecting and ,securing ,chemical ,facilities from ,terrorist ,attacks ,act of #bjbj1 and annually thereafter until the ,personnel ,surety ,program established under subparagraph 7,a7 is implemented with respect to all covered chemical facilities assigned to tier #c and #d at which the ,personnel ,surety ,program is not implemented as of the date of enactment of the ,protecting and ,securing ,chemical ,facilities from ,terrorist ,attacks ,act of #bjbj1 the ,secretary shall brief the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,homeland ,security and the ,committee on ,energy and ,commerce of the ,house of ,representatives on the implementation of the ,personnel ,surety ,program1 including-- 7i7 the effectiveness of the ,personnel ,surety ,program2 7ii7 the cost of the ,personnel ,surety ,program2 and 7iii7 the results of implementing the ,personnel ,surety ,program4 4 7b7 ,guidance ,not later than #bgj days after the date of enactment of this ,act1 the ,secretary shall develop and make publicly available written guidance for seasonal employees of covered chemical facilities for purposes of complying with the requirements under section #bajb7;d77#b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fbb7;d77#b771 as amended by subsection 7a74 #ab4 ,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 information on and all that follows through the end and inserting information on--2 and 7ii7 by adding at the end the following3 7i7 how the ,secretary confirmed the information was the basis for the change or determination described in subparagraph 7,a72 7ii7 all relevant inputs and assumptions under the tiering methodology2 7iii7 the rationale for each of those relevant inputs and assumptions2 7iv7 the output of the tiering methodology2 and 2 and 7,b7 by adding at the end the following3 7,c7 ,notice 7i7 ,in general ,if an owner or operator of a chemical facility of interest submits a ,top-,screen and the ,secretary has not made a determination with respect to the tiering of the chemical facility of interest1 or notified the owner or operator of any specific deficiency or omission of required information in the ,top-,screen1 by the date that is #a year after the date on which the owner or operator submitted the ,top-,screen1 the ,secretary shall1 in writing1 notify the owner or operator that-- 7,i7 the ,secretary has not made such a determination2 and 7,,ii7 the chemical facility of interest is no longer pending tiering determination but1 until further notice1 is deemed a chemical facility of interest4 7ii7 ,retroactivity ,with respect to each owner and operator of a chemical facility of interest who submitted a ,top-,screen on or before the date that is #a year before the date of enactment of the ,protecting and ,securing ,chemical ,facilities from ,terrorist ,attacks ,act of #bjbj1 if the ,secretary has not made a determination with respect to the tiering of the chemical facility or notified the owner or operator of any specific deficiency or omission of required information in the ,top-,screen as of such date of enactment1 the ,secretary shall provide the notification described in clause 7i7 to the owner and operator4 7,d7 ,reports 7i7 ,reports to chemical facilities 7,i7 ,in general ,not later than #fj 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 shall1 upon the request of the owner or operator of the covered chemical facility1 submit to the owner or operator of the covered chemical facility a written report that contains-- 7aa7 the information described in subparagraphs 7,a7 and 7,b72 and 7bb7 a controlled unclassified statement-- 7,,aa7 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,,bb7 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,,ii7 ,public disclosure ,each report submitted to an owner or operator of a covered chemical facility to which the report pertains under subclause 7,i7 shall be protected from public disclosure under section #bajc4 7ii7 ,congressional notification ,if an owner or operator of a chemical facility of interest submits a ,top-,screen and the ,secretary has not made a determination with respect to the tiering of the chemical facility of interest or notified the owner or operator of any specific deficiency or omission of required information in the ,top-,screen by the date that is #bgj days after the date on which the owner or operator submitted the ,top-,screen1 the ,secretary shall submit to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate and the ,committee on ,homeland ,security and the ,committee on ,energy and ,commerce of the ,house of ,representatives-- 7,i7 a written notification that the ,secretary has not made the determination or issued the notification1 as applicable2 and 7,,ii7 an explanation of why the ,secretary has not made the determination or issued the notification1 as applicable4 4 #ac4 ,data collection1 recording1 and lessons learned ,section #bajb7;e7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fbb7;e771 as amended by section #ab of this ,act1 is amended-- 7#a7 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 following3 7i7 the ,secretary determines that a facility that was a covered chemical facility no longer presents 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,b71 as amended by section #ab of this ,act1 by adding at the end the following3 7v7 any action taken or practice employed by a facility described in subparagraph 7,a77i7 to reduce or remove terrorism-related chemical security risks4 2 and 7,c7 by adding at the end the following3 7,e7 ,treatment of certain information 7i7 ,protected information ,information described in subparagraph 7,b7 shall be protected from public disclosure in accordance with section #bajc7;a74 7ii7 ,federal information policy ,in collecting information under subparagraph 7,b77v71 the ,secretary shall not be subject to subchapter ,i of chapter #ce of title #dd1 ,united ,states ,code4 2 7#b7 by redesignating paragraph 7#d7 as paragraph 7#e72 7#c7 by inserting after paragraph 7#c7 the following3 7#d7 ,lessons learned relating to reducing chemical security risks 7,a7 ,in general ,based on the information maintained under paragraph 7#c77;,b77v7 relating to actions taken and practices employed by facilities described in paragraph 7#c77;,a77i7 to successfully reduce1 remove1 or otherwise prevent chemical security risks1 the ,secretary shall-- 7i7 develop1 and1 not less frequently than every #b years1 update1 publicly available lessons learned that voluntarily may be used to assist owners and operators of covered chemical facilities and chemical facilities of interest in preventing and reducing chemical security risks2 and 7ii7 disseminate the lessons learned and developed under clause 7i7 to owners and operators of covered chemical facilities and chemical facilities of interest through an appropriate medium or system1 including by making the lessons learned available to the public to the greatest extent practicable4 7,b7 ,treatment of sensitive information ,in developing and disseminating the lessons learned under subparagraph 7,a71 the ,secretary shall protect from public disclosure-- 7i7 security vulnerability assessments1 site security plans1 and all other security-related information1 records1 and documents2 and 7ii7 any information from which the identity of the covered chemical facility or chemical facility of interest could be reasonably ascertained4 2 and 7#d7 in paragraph 7#e77;,b77i77,i71 as so redesignated-- 7,a7 in item 7aa71 by striking or2 7,b7 in item 7bb71 by striking and and inserting or2 and 7,c7 by adding at the end the following3 7cc7 determined that a facility that was a covered chemical facility no longer presents a high level of security risk4 4 #ad4 ,semiannual performance reporting ,section #bajb7;e77#e7 of the ,homeland ,security ,act of #bjjb1 as so redesignated by section #ac of this ,act1 is amended-- 7#a7 in the matter preceding subparagraph 7,a71 by striking #bjad and inserting #bjbj2 7#b7 by striking subparagraph 7,c72 7#c7 by redesignating subparagraph 7,d7 as subparagraph 7,c72 7#d7 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 reduction attributable to the ,chemical ,facility ,anti-,terrorism ,standards ,program1 including-- 7,i7 analysis capabilities relating to a reduction in the vulnerability of high-risk covered chemical facilities to terrorist attack2 and 7,,ii7 outcome metrics that measure cumulative risk reduction over time for high-risk covered chemical facilities2 2 7#e7 by striking subparagraph 7,e72 7#f7 by redesignating subparagraph 7,f7 as subparagraph 7,e72 7#g7 in subparagraph 7,e71 as so redesignated1 by striking the period at the end and inserting a semicolon2 and 7#h7 by adding at the end the following3 7,f7 the number of chemical facilities of interest that have submitted ,top-,screens and are awaiting tiering designation2 7,g7 with respect to each chemical facility of interest described in subparagraph 7,f71 the number of days during which the tiering designation for the chemical facility of interest has been pending2 7,h7 information relating to covered products or mixtures1 as defined in paragraph 7#g77;,a71 that the ,secretary has excluded from the designation as chemicals of interest for purposes of the definition of the term chemical facility of interest1 including-- 7i7 the total number of petitions submitted under the regulations prescribed under paragraph 7#e77;,c72 7ii7 the total number of covered products or mixtures that the ,secretary has affirmatively excluded from the designation2 7iii7 the rationale for affirmatively excluding each covered product or mixture for which a petition described in clause 7i7 was submitted2 and 7iv7 the rationale for not affirmatively excluding each covered product or mixture for which a petition described in clause 7i7 was submitted2 7,i7 information related to the security harmonization waiver program established under section #baad1 including-- 7i7 the total number of covered chemical facilities that have applied for a waiver under that section2 7ii7 the total number of covered chemical facilities that the ,secretary has granted a waiver under that section2 7iii7 the total number of waivers applied for and1 separately1 total number of waivers granted for all or part of the regulatory requirements under this title2 7iv7 the rationale for granting a covered facility a waiver2 and 7v7 the rationale for not granting a covered chemical facility a waiver2 and 7,j7 the number of individuals who have been checked for possible ties to terrorism via the terrorist screening database and1 of those individuals1 the number of positive matches1 provided that such information shall be submitted in a separate annex to the report1 which may contain national security information1 and appropriately safeguarded from public disclosure4 4 #ae4 ,responsibilities of the ,secretary 7a7 ,sharing information with emergency response providers ,section #bajb7;e7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fbb7;e771 as amended by section #ac of this ,act1 is amended by adding at the end the following3 7#f7 ,sharing information with emergency response providers 7,a7 ,definition of fusion center ,in this paragraph1 the term fusion center has the meaning given the term in section #baj;,a7j74 7,b7 ,sharing information ,the ,secretary shall1 in a secure and expeditious manner1 make available to ,state1 local1 and regional fusion centers and ,state and local government officials1 including officials of ,state or local law enforcement agencies and emergency response providers1 with a need to know 7within the meaning of section #bg4djj7;e7 of title #f1 ,code of ,federal ,regulations1 or any successor thereto7 with appropriate chemical-terrorism vulnerability information training1 such information as the ,secretary determines necessary to ensure that emergency response providers are capable to effectively prepare for1 respond to1 and mitigate chemical security incidents at covered chemical facilities1 which shall include1 with respect to each covered chemical facility-- 7i7 the name of the covered chemical facility2 7ii7 the address of the covered chemical facility2 7iii7 the phone number of the covered chemical facility2 7iv7 the name and ,chemical ,abstract ,service number of each chemical of interest used1 stored1 or manufactured as specified in the ,top-,screen submitted by the covered chemical facility2 7v7 the quantity and concentration of each chemical of interest specified in the ,top-,screen submitted by the covered chemical facility2 and 7vi7 the name or title1 organizational affiliation1 and phone number of a local emergency manager or local emergency response provider for the covered chemical facility specified in the site security plan of the covered chemical facility4 7,c7 ,existing platform or website 7i7 ,in general ,in sharing information under subparagraph 7,b71 the ,secretary shall use a single information technology infrastructure1 information technology platform1 online platform1 or website in existence on the date of enactment of the ,protecting and ,securing ,chemical ,facilities from ,terrorist ,attacks ,act of #bjbj4 7ii7 ,determination ,when determining which single infrastructure1 platform1 or website to use under clause 7i71 the ,secretary shall solicit input from covered chemical facilities1 ,state1 local1 and regional fusion centers1 and ,state and local government officials1 including officials of ,state or local law enforcement agencies and emergency response providers4 7,d7 ,updates ,not less frequently than every #ij days1 the ,secretary shall update the information shared under subparagraph 7,b7 to include covered chemical facilities in existence as of the date of the update4 7,e7 ,outreach to first responders ,concurrent with a compliance inspection or audit conducted at covered chemical facilities under subsection 7d77#a71 the ,secretary or a designee of the ,secretary shall-- 7i7 contact and notify the local emergency manager or local emergency response provider1 and any on-site emergency response provider1 identified by the covered chemical facility that there is a covered chemical facility in their response area2 and 7ii7 inform the response officials identified by the covered chemical facility of the available secure communications and information technology infrastructure platforms or other mechanisms to obtain additional information4 4 7b7 ,report ,not later than #bgj days after the date of enactment of this ,act1 the ,secretary shall report to the appropriate congressional committees on the plan of the ,secretary to-- 7#a7 implement the amendment made by subsection 7a72 and 7#b7 in accordance with the amendment made by subsection 7a71 communicate with emergency response providers with a need to know 7within the meaning of section #bg4djj7;e7 of title #f1 ,code of ,federal ,regulations1 or any successor thereto7 in a secure and expeditious manner in order to inform the emergency response providers that covered chemical facilities exist in the locations in which the emergency response providers operate4 #af4 ,amendments relating to ,appendix ,a of part #bg of title #f1 ,united ,states ,code 7a7 ,specific products and mixtures containing chemicals of interest ,section #bajb7;e7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fbb7;e771 as amended by section #ae of this ,act1 is amended by adding at the end the following3 7#g7 ,specific products and mixtures containing chemicals of interest 7,a7 ,definition ,in this paragraph1 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 ,exclusion ,subject to the regulations prescribed under subparagraph 7,c71 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 if the ,secretary determines that the covered product or mixture does not present the same security concern on the basis of which the chemical of interest contained in the covered product or mixture was designated as a chemical of interest4 7,c7 ,regulations 7i7 ,authority to prescribe ,not later than #a year after the date of enactment of the ,protecting and ,securing ,chemical ,facilities from ,terrorist ,attacks ,act of #bjbj1 the ,secretary shall prescribe regulations1 including guidance as necessary1 under which-- 7,i7 an interested party may petition the ,secretary for exclusion of a covered product or mixture under subparagraph 7,b72 7,,ii7 during the period beginning on the effective date of such regulations1 and ending on the date that is #a year after such date1 not later than #ahj days after an interested party submits a petition under subclause 7,i71 the ,secretary shall-- 7aa7 determine whether the covered product or mixture shall be excluded under subparagraph 7,b72 and 7bb7 if the ,secretary determines that the covered product or mixture shall be excluded under subparagraph 7,b7 and so excludes the covered product or mixture2 7,,iii7 after the date that is #a year after the effective date of such regulations1 not later than #ij days after an interested party submits a petition under subclause 7,i71 the ,secretary shall-- 7aa7 determine whether the covered product or mixture shall be excluded under subparagraph 7,b72 and 7bb7 if the ,secretary determines that the covered product or mixture shall be excluded under subparagraph 7,b7-- 7,,aa7 document any such determination and make publicly available on an established and secure platform to those individuals with a need to know within the meaning of section #bg4djj7;e7 of title #f1 ,code of ,federal ,regulations1 or any successor thereto2 and 7,,bb7 so exclude the covered product or mixture2 and 7,,iv7 if an interested party submits a petition under subclause 7,i7 and the ,secretary has not made a determination as to whether the relevant covered product or mixture shall be excluded under subparagraph 7,b7 by the date required under subclause 7,,ii7 or 7,,iii7 of this subparagraph1 as applicable1 the ,secretary may extend the period in which the determination is to be made-- 7aa7 upon the request of the interested party2 or 7bb7 if the ,secretary requires additional time to make the determination4 7ii7 ,federal information policy ,in collecting information from petitioners under this subparagraph1 the ,secretary shall not be subject to subchapter ,i of chapter #ce of title #dd1 ,united ,states ,code4 4 7b7 ,flammable liquid measures ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall prescribe a regulation to amend ,appendix ,a to part #bg of title #f1 ,united ,states ,code1 to provide that when calculating whether a chemical facility of interest holds a release-flammable chemical of interest in an amount that meets a threshold quantity1 only a release-flammable chemical of interest in liquid mixtures with a flammability hazard rating of #d under the document entitled ,,nfpa #gjd3 ,standard ,system for the ,identification of the ,hazards of ,materials for ,emergency ,response published in #bjag by the ,national ,fire ,protection ,association1 or any successor thereto1 shall be included in the calculation4 7c7 ,evaluation of designated chemicals of interest ,section #bajb7;e7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fbb7;e771 as amended by subsection 7a7 of this section1 is amended by adding at the end the following3 7#h7 ,chemicals of interest ,not later than #ahj days after the date of enactment of the ,protecting and ,securing ,chemical ,facilities from ,terrorist ,attacks ,act of #bjbj1 and not less frequently than every #e years thereafter1 the ,secretary shall-- 7,a7 review ,appendix ,a to part #bg of title #f1 ,code of ,federal ,regulations1 or any successor thereto1 to determine whether1 in the opinion of the ,secretary-- 7i7 any chemical that is not designated as a chemical of interest should be designated as a chemical of interest2 7ii7 any chemical of interest should not be designated as a chemical of interest2 and 7iii7 any chemical amount1 concentration1 or threshold quantity described in ,appendix ,a to part #bg of title #f1 ,code of ,federal ,regulations1 or any successor thereto1 should be modified2 and 7,b7 submit to ,congress and publish on the internet website of the ,department a report that contains the proposals of the ,secretary relating to designations and modifications under subparagraph 7,a74 4 7d7 ,changes to ,appendix ,a to part #bg of title #f1 ,code of ,federal ,regulations 7#a7 ,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 following3 #baaj4 ,changes to ,appendix ,a to part #bg of title #f1 ,code of ,federal ,regulations 7a7 ,in general ,the ,secretary shall prescribe1 through notice and comment rulemaking under section #eec of title #e1 ,united ,states ,code1 regulations relating to any proposed change to ,appendix ,a to part #bg of title #f1 ,code of ,federal ,regulations1 or any successor thereto1 if the ,secretary determines that-- 7#a7 a chemical should be designated as a chemical of interest2 7#b7 a chemical designated as a chemical of interest should not be so designated2 or 7#c7 a chemical amount1 concentration1 or threshold quantity described in ,appendix ,a to part #bg of title #f1 ,code of ,federal ,regulations1 or any successor thereto1 should be modified4 7b7 ,interim rules ,notwithstanding subsection 7a71 the ,secretary may publish in the ,federal ,register an interim final rule relating to a proposed change to ,appendix ,a to part #bg of title #f1 ,code of ,federal ,regulations1 or any successor thereto1 if the ,secretary determines that-- 7#a7 an emergency or immediate threat directly relating to a specific chemical1 chemical amount1 chemical concentration1 and chemical threshold quantity exists2 and 7#b7 the chemical described in paragraph 7#a7 should be designated as a chemical of interest2 and 7#c7 the chemical amount1 chemical concentration1 and chemical threshold quantity described in paragraph 7#a7 should be designated or modified1 as applicable1 under ,appendix ,a to part #bg of title #f1 ,code of ,federal ,regulations1 or any successor thereto4 7c7 ,duration of authority 7#a7 ,in general ,any proposed change to ,appendix ,a to part #bg of title #f1 ,code of ,federal ,regulations1 or any successor thereto1 published in an interim rule under subsection 7b7 shall only be in effect for the #ahj-;day period following publication of the interim rule4 7#b7 ,rule making ,if1 after the #ahj-;day period described in paragraph 7#a71 the ,secretary determines that a chemical designated as a chemical of interest under an interim rule published under subsection 7b7 should be designated as a chemical interest1 the ,secretary shall issue a final rule designating the chemical as a chemical of interest in accordance with the notice and comment rule making procedures under section #eec of title #e1 ,united ,states ,code4 4 7#b7 ,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 7e7 ,explosive materials 7#a7 ,findings ,congress finds the following3 7,a7 ,on ,september #aj1 #bjjg1 the ,department of ,justice submitted comments to the ,appendix ,a to part #bg of title #f1 ,code of ,federal ,regulations1 or any successor thereto1 opposing the inclusion of chemicals regulated as explosives under chapter #dj of title #ah1 ,united ,states ,code1 and stated that it is unnecessarily duplicative1 confusing1 and does not effectively serve to enhance public safety or reduce the risk of criminal or terrorist misuse of explosives4 7,b7 ,the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate has conducted oversight of the ,chemical ,facility ,anti-,terrorism ,standards ,program 7in this paragraph referred to as the ,program7 throughout the #aaeth and #aafth ,congresses and found that duplicative regulations of the ,program and the ,bureau of ,alcohol1 ,tobacco1 ,firearms1 and ,explosives come at a significant and unnecessary cost to the explosives industry4 7,c7 ,the ,government ,accountability ,office is conducting a review of fragmentation1 overlap1 and duplication of the ,program with other ,federal regulatory programs4 ,preliminary findings of the ,government ,accountability ,office indicate duplication between regulations and elements of the ,program and those of the ,bureau of ,alcohol1 ,tobacco1 ,firearms1 and ,explosives1 as the ,government ,accountability ,office found that regulations and elements of the ,bureau addressing the storage and maintenance of explosives generally align with #aa of the #ah risk-based performance standards of the ,program4 7#b7 ,amendment to ,homeland ,security ,act of #bjjb 7,a7 ,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 7a7 ,in general ,the ,secretary may not designate any explosive material regulated 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 7b7 ,explosive material regulated after designation ,if any explosive material that is designated as a chemical of interest under ,appendix ,a to part #bg of title #f1 ,code of ,federal ,regulations1 or any successor thereto1 becomes regulated 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 or any successor thereto1 the ,secretary shall remove the designation of such explosive material as a chemical of interest4 4 7#c7 ,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 #ag4 ,informal consultations and assessments 7a7 ,in general ,section #bajb of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fbb7 is amended by adding at the end the following3 7f7 ,informal consultations and assessments 7#a7 ,in general ,the ,secretary shall implement a system under which1 in accordance with this paragraph and except as provided in paragraph 7#b71 the ,secretary shall provide an owner or operator of a covered chemical facility the opportunity for an informal consultation relating to a preliminary deficiency determination under subsection 7c7 with respect to the covered chemical facility4 7,a7 ,written explanation and request procedure 7i7 ,written explanation ,upon making a preliminary deficiency determination under subsection 7c7 with respect to a site security plan of a covered chemical facility1 the ,secretary shall provide to the owner or operator of the covered chemical facility a written explanation of the reasons for the determination4 7ii7 ,request ,not later than #aj days after receiving a written explanation of a preliminary deficiency determination under clause 7i71 an owner or operator of a covered chemical facility may request an informal consultation with the ,secretary to seek a modification of the preliminary deficiency determination4 7iii7 ,civil enforcement ,upon receipt of a request under clause 7ii71 the ,secretary shall not seek civil enforcement under section #bajd with respect to the preliminary deficiency determination under subsection 7c7 of this section to which the request pertains1 except as provided in subparagraph 7,d77ii7 of this paragraph4 7,b7 ,opportunity for resubmission 7i7 ,in general ,an owner or operator of a covered chemical facility requesting an informal consultation under subparagraph 7,a77ii7 may1 during the period beginning on the date on which the owner or operator submits the request and ending at the conclusion of the informal consultation1 submit to the ,secretary-- 7,i7 any written explanation1 information1 or other materials relating to the preliminary deficiency determination under subsection 7c7 to which the request pertains2 and 7,,ii7 a revised site security plan for the covered chemical facility4 7ii7 ,consideration ,the ,secretary shall take into consideration any written explanation1 information1 other materials1 or revised site security plan submitted by an owner or operator under clause 7i7 in-- 7,i7 reviewing the preliminary deficiency determination under subsection 7c72 and 7,,ii7 assessing a revised site security plan for the covered chemical facility4 7,c7 ,scheduling ,upon receipt of a request under subparagraph 7,a77ii7 by an owner or operator of a covered chemical facility1 the ,secretary shall arrange for an informal consultation with the owner or operator-- 7i7 not later than #cj days after the date on which the ,secretary receives the request2 and 7ii7 by telephone or electronic means1 or at a location of mutual convenience4 7,d7 ,determination 7i7 ,in general ,not later than #cj days after an informal consultation with an owner or operator of a covered chemical facility under this paragraph1 the ,secretary1 taking into consideration the information submitted by the owner or operator under subparagraph 7,b7-- 7,i7 shall assess the preliminary deficiency determination under subsection 7c72 7,,ii7 may modify the preliminary deficiency determination under subsection 7c71 in whole or in part2 and 7,,iii7 shall issue a formal determination with respect to the site security plan of the covered chemical facility4 7ii7 ,civil enforcement ,if1 after a final determination under clause 7i71 the ,secretary determines that the covered chemical facility to which the final determination pertains is not in compliance with this title1 the ,secretary shall proceed with civil enforcement under section #bajd7;a77#a71 as appropriate4 7#b7 ,emergency or exigent circumstances ,the ,secretary shall not be required to comply with a request for an informal consultation under paragraph 7#a7 if the ,secretary determines that an emergency or exigent circumstance necessitates immediate enforcement with respect to a covered chemical facility under section #bajd4 4 7b7 ,conforming amendment ,section #bajd7;a77#a7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fbd7;a77#a77 is amended1 in the matter preceding subparagraph 7,a71 by striking ,if the ,secretary and inserting ,subject to section #bajb7;f71 if the ,secretary4 #ah4 ,protection and sharing of information ,section #bajc7;f7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fbc7;f77 is amended-- 7#a7 in the subsection heading1 by inserting and the ,comptroller ,general after ,congress2 7#b7 by inserting or the ,comptroller ,general of the ,united ,states before in response2 and 7#c7 by inserting or the ,comptroller ,general1 respectively before the period at the end4 #ai4 ,,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 #bjbj4 #bj4 ,employee awareness 7a7 ,in general ,title ,,xxi of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fba et seq471 as amended by section #af of this ,act1 is amended by adding at the end the following3 #baaa4 ,employee awareness ,not later than #ahj days after the date of enactment of the ,protecting and ,securing ,chemical ,facilities from ,terrorist ,attacks ,act of #bjbj1 the ,secretary shall produce a poster-- 7#a7 that each owner or operator of a covered chemical facility shall display in a restricted area of the covered chemical facility accessible to individuals who have access to restricted areas or critical assets2 and 7#b7 that provides to the individuals described in paragraph 7#a7 information relating to-- 7,a7 reporting potential concerns under this title2 and 7,b7 whistleblower protections under section #baje4 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 #baaj the following3 ,sec4 #baaa4 ,employee awareness4 4 #ba4 ,notification relating to the ,chemical ,facility ,anti-,terrorism ,standards ,program 7a7 ,in general ,title ,,xxi of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fba et seq471 as amended by section #bj of this ,act1 is amended by adding at the end the following3 #baab4 ,notification 7a7 ,definition ,in this section1 the term recipient means any facility to which a covered chemical facility sells or distributes a chemical of interest4 7b7 ,development and provision of notification relating to the ,chemical ,facility ,anti-,terrorism ,standards ,program ,not later than #cj days after the date of enactment of the ,protecting and ,securing ,chemical ,facilities from ,terrorist ,attacks ,act of #bjbj1 the ,secretary shall develop a notification-- 7#a7 that each covered chemical facility may1 in consultation with the ,secretary1 provide to each recipient at the time at which the covered chemical facility sells or distributes a chemical of interest to the recipient2 and 7#b7 that is sufficient to1 with respect to the recipient described in paragraph 7#a7-- 7,a7 make the recipient aware of the ,chemical ,facility ,anti-,terrorism ,standards ,program2 and 7,b7 notify the recipient that the recipient may be required to submit a ,top-,screen as a result of the receipt of a chemical of interest by the recipient4 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-bif2 #aaf ,stat4 #bace7 is amended by inserting after the item relating to section #baaa the following3 ,sec4 #baab4 ,notification4 4 #bb4 ,bidirectional information sharing platform 7a7 ,in general ,title ,,xxi of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fba et seq471 as amended by section #ba of this ,act1 is amended by adding at the end the following3 #baac4 ,bidirectional information sharing platform 7a7 ,in general ,not later than #abj days after the date of enactment of the ,protecting and ,securing ,chemical ,facilities from ,terrorist ,attacks ,act of #bjbj1 the ,secretary shall provide a secure communications and information technology infrastructure1 platform1 or other mechanism that allows covered chemical facilities to report1 on a voluntary basis1 information on suspicious activities1 including threats posed by unmanned aircraft systems 7as defined in section #ddhja of title #di1 ,united ,states ,code74 7b7 ,information sharing with ,federal entities ,the ,secretary shall share information received under subsection 7a7 with appropriate ,federal entities to inform and support a common threat picture across the ,federal ,government4 7c7 ,information sharing with chemical facility owners and operators ,the ,secretary shall share with owners and operators of chemical facilities of interest information resulting in an elevated threat environment for chemical facilities4 7d7 ,platform capabilities ,the ,secretary shall ensure that the secure communications and information technology infrastructure1 platform1 or other mechanism established under 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 7e7 ,existing platform or website ,the ,secretary may maintain the secure communications and information technology infrastructure or platform required under subsection 7a7 on an online platform or website in existence on the date of enactment of the ,protecting and ,securing ,chemical ,facilities from ,terrorist ,attacks ,act of #bjbj4 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-bif2 #aaf ,stat4 #bace7 is amended by inserting after the item relating to section #baab the following3 ,sec4 #baac4 ,bidirectional information sharing platform4 4 #bc4 ,updated retrospective estimate on costs 7a7 ,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 #bjbj4 7b7 ,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 #bd4 ,,cfats security harmonization waiver program 7a7 ,in general ,title ,,xxi of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fba et seq471 as amended by section #bb of this ,act1 is amended by adding at the end the following3 #baad4 ,security harmonization waiver program 7a7 ,in general ,subject to the regulations prescribed under subsection 7f71 the ,secretary shall establish a waiver program to harmonize with the security mandates of other ,federal regulatory programs under which an owner or operator of a covered chemical facility may apply to the ,secretary to waive all or part of the regulatory requirements under this title4 7b7 ,procedures ,to grant waiver ,not later than #ahj days after the date on which an owner or operator of a covered chemical facility submits an application for a waiver under subsection 7a71 the ,secretary shall grant the waiver if the covered chemical facility is subject to the security requirements of another ,federal regulatory program that the ,secretary determines-- 7#a7 have the effect intended by the risk-based performance standards to which the covered chemical facility is subject under this title2 or 7#b7 are substantially equivalent to or exceed those risk-based performance standards4 7c7 ,procedures ,to deny waiver ,the ,secretary shall deny an application submitted by an owner or operator of a covered chemical facility for a waiver under subsection 7a7 if the ,secretary determines that-- 7#a7 the risk-based performance standard to which the covered chemical facility is subject under this title are not met by the security requirements of another ,federal regulatory program under which the owner or operator of a covered chemical facility is required to comply2 7#b7 following the administrative proceedings of the other ,federal regulatory program described in paragraph 7#a71 the covered chemical facility is determined to not be in compliance with the security requirements of the other ,federal regulatory program1 as demonstrated through inspections1 audits1 or other supporting evidence by the ,federal agency with jurisdiction for enforcing the security requirements under the other ,federal regulatory program2 or 7#c7 during the #c-year period ending on the date on which the owner or operator of the covered chemical facility submits an application for the waiver1 the covered chemical facility has been found to be-- 7,a7 the subject of a civil or criminal enforcement action brought by the other ,federal regulatory program2 and 7,b7 non-compliant with the regulatory requirements under this title and the security mandates of the other ,federal regulatory program4 7d7 ,waiver duration 7#a7 ,in general ,a waiver granted under subsection 7b7 shall be valid unless the ,secretary determines that the owner or operator of a covered chemical facility is ineligible for a waiver in accordance with paragraph 7#a71 7#b71 or 7#c7 of subsection 7c74 7#b7 ,written verification ,a covered chemical facility that is granted a waiver under subsection 7b7 shall1 not later than #ah months after the waiver is granted and every #ah months thereafter1 provide written verification to the ,secretary that1 to the satisfaction of the ,secretary1 demonstrates the covered chemical facility-- 7,a7 is in compliance with the security requirements of the other ,federal regulatory program2 and 7,b7 has not been the subject of a civil or criminal enforcement action brought by the another ,federal regulatory program4 7e7 ,redress ,if the ,secretary denies a waiver requested by an owner or operator of a covered chemical facility under subsection 7c7 or a waiver is determined to be no longer valid under subsection 7d7-- 7#a7 the ,secretary shall1 not later than #ij days after the date on which the application for a waiver is submitted or the date on which the ,secretary invalidates the waiver1 provide the owner or operator of the covered chemical facility a justification for the denial or invalidation2 and 7#b7 the ,secretary shall provide an opportunity for the process of informal consultation relating to a preliminary deficiency determination under section #baja4 7f7 ,regulations 7#a7 ,interim regulations ,not later than #a year after the date of enactment of the ,protecting and ,securing ,chemical ,facilities from ,terrorist ,attacks ,act of #bjbj1 the ,secretary shall develop and issue interim final regulations1 including guidance as necessary1 under which an owner or operator of a covered chemical facility may apply to the ,secretary for a waiver under subsection 7a74 7#b7 ,final regulations ,not later than #b years after enactment of the ,protecting and ,securing ,chemical ,facilities from ,terrorist ,attacks ,act of #bjbj1 and after consideration of comments received in response to the interim final regulations1 the ,secretary shall develop and issue a detailed final regulation for the waiver program under this section4 7g7 ,,gao review ,not later than #c years after the effective date of the interim final regulation prescribed under subsection 7f77#a71 the ,comptroller ,general of the ,united ,states shall submit to the appropriate congressional committees a report on the waiver program under this section1 including-- 7#a7 how effectively the ,secretary has implemented the waiver program under this section1 and recommendations for improvements2 7#b7 the extent to which the waiver program under this section has-- 7,a7 resulted in cost savings to the whole of the ,federal ,government and covered chemical facilities2 and 7,b7 created any security improvements or deficiencies at covered chemical facilities2 7#c7 recommendations for the ,secretary to waive covered chemical facilities subject to the security requirements under other ,federal regulatory programs and remove chemicals of interest from ,appendix ,a to part #bg of title #f1 ,code of ,federal ,regulations1 or any successor thereto1 that are covered by the security requirements of other ,federal regulatory programs2 and 7#d7 any other issues as determined appropriate by the ,comptroller ,general4 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-bif2 #aaf ,stat4 #bace7 is amended by inserting after the item relating to section #baac the following3 ,sec4 #baad4 ,security harmonization waiver program4 4 #be4 ,implementation plan and report to ,congress 7a7 ,implementation plan ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall develop and submit to the appropriate congressional committees an implementation plan that describes how the ,secretary plans to-- 7#a7 aggregate1 anonymize1 and analyze data that the ,secretary collects under section #bajb7;e77#c77;,b77ii7 of the ,homeland ,security ,act of #bjjb1 as added by section #ab of this ,act2 7#b7 develop the lessons learned2 and 7#c7 disseminate the lessons learned under section #bajb7;e77#d77;,a77ii7 of the ,homeland ,security ,act of #bjjb1 as added by section #ac of this ,act4 7b7 ,report 7#a7 ,initial report ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall submit to the appropriate congressional committees and the ,comptroller ,general of the ,united ,states a report that includes-- 7,a7 a description of-- 7i7 the status of implementing the plan developed under subsection 7a72 7ii7 the lessons learned as of the date on which the ,secretary submits the report2 and 7iii7 the system or medium used to disseminate the lessons learned under section #bajb7;e77#d77;,a77ii7 of the ,homeland ,security ,act of #bjjb1 as added by section #ac of this ,act2 7,b7 a detailed summary of-- 7i7 the reports and other information generated under section #bajb7;e77#c7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fbc7;e77#c771 as amended by this ,act2 and 7ii7 the lessons learned developed and disseminated under section #bajb7;e77#d7 of the ,homeland ,security ,act of #bjjb1 as added by section #ac of this ,act2 and 7,c7 to the extent feasible1 information relating to1 with respect to covered chemical facilities and chemical facilities of interest that implemented the lessons learned developed and disseminated under section #bajb7;e77#d7 of the ,homeland ,security ,act of #bjjb1 as added by section #ac of this ,act-- 7i7 actions taken by the covered chemical facilities and chemical facilities of interest to implement the lessons learned2 and 7ii7 results produced because the covered chemical facilities and chemical facilities of interest implemented the lessons learned4 7#b7 ,annual updates 7,a7 ,in general ,not later than #a year after the date on which the ,secretary submits the initial report under paragraph 7#a71 and annually thereafter1 the ,secretary shall submit to the appropriate congressional committees a report that includes1 with respect to the period for which the report is submitted-- 7i7 information relating to-- 7,i7 each change to the lessons learned made during that period1 and the basis for the change2 7,,ii7 any feedback collected during that period from owners and operators of covered chemical facilities and chemical facilities of interest regarding the extent to which the owners and operators implemented the lessons learned2 7,,iii7 the impact the dissemination of the lessons learned has had on the effectiveness of the ,chemical ,facility ,anti-,terrorism ,standards ,program during that period2 and 7ii7 the information described in subparagraphs 7,b7 and 7,c7 of paragraph 7#a74 7,b7 ,obtaining information ,in obtaining information from covered chemical facilities and chemical facilities of interest under subparagraph 7,a71 the ,secretary shall create1 subject to approval from the ,director of the ,office of ,management and ,budget1 a voluntary feedback survey4 #bf4 ,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 #bg4 ,termination 7a7 ,in general ,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 effective date of this ,act4 7b7 ,conforming repeals 7#a7 ,protecting and ,securing ,chemical ,facilities from ,terrorist ,attacks ,act of #bjad ,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 repealed4 7#b7 ,chemical ,facility ,anti-,terrorism ,standards ,program ,extension ,act ,the ,chemical ,facility ,anti-,terrorism ,standards ,program ,extension ,act 7,public ,law #aaf-b2 #acc ,stat4 #e7 is repealed4 #bh4 ,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