[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3416 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 3416
To reauthorize the Chemical Facility Anti-Terrorism Standards Program
of the Department of Homeland Security.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 5, 2020
Mr. Johnson introduced the following bill; 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 Security.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS; DEFINITIONS.
(a) Short Title.--This Act may be cited as the ``Protecting and
Securing Chemical Facilities from Terrorist Attacks Act of 2020''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents; definitions.
Sec. 2. Definitions.
Sec. 3. Chemical Facility Anti-Terrorism Standards Program
requirements.
Sec. 4. Purpose.
Sec. 5. Employee input regarding security measures.
Sec. 6. Strategy to improve cybersecurity and outreach to local
emergency responders.
Sec. 7. Site security plan assessments.
Sec. 8. Expedited approval program.
Sec. 9. CFATS recognition program.
Sec. 10. Standards for auditors and inspectors.
Sec. 11. Personnel surety program.
Sec. 12. Security risk assessment approach and corresponding tiering
methodology.
Sec. 13. Data collection, recording, and lessons learned.
Sec. 14. Semiannual performance reporting.
Sec. 15. Responsibilities of the Secretary.
Sec. 16. Amendments relating to Appendix A of part 27 of title 6,
United States Code.
Sec. 17. Informal consultations and assessments.
Sec. 18. Protection and sharing of information.
Sec. 19. CFATS regulations.
Sec. 20. Employee awareness.
Sec. 21. Notification relating to the Chemical Facility Anti-Terrorism
Standards Program.
Sec. 22. Bidirectional information sharing platform.
Sec. 23. Updated retrospective estimate on costs.
Sec. 24. CFATS security harmonization waiver program.
Sec. 25. Implementation plan and report to Congress.
Sec. 26. Effective date.
Sec. 27. Termination.
Sec. 28. Technical and conforming amendment.
(c) Definitions.--In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the Committee on Homeland Security of the House
of Representatives; and
(C) the Committee on Energy and Commerce of the
House of Representatives.
(2) 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 2102(a) of the Homeland Security Act
of 2002 (6 U.S.C. 622(a)).
(3) Chemical facility of interest; chemical of interest;
covered chemical facility.--The terms ``chemical facility of
interest'', ``chemical of interest'', and ``covered chemical
facility'' have the meanings given those terms in section 2101
of the Homeland Security Act of 2002 (6 U.S.C. 621), as amended
by section 2 of this Act.
(4) Lessons learned.--The term ``lessons learned'' means
the lessons learned, developed, and disseminated by the
Secretary under section 2103(e)(4) of the Homeland Security Act
of 2002, as added by section 13 of this Act.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
SEC. 2. DEFINITIONS.
(a) In General.--Section 2101 of the Homeland Security Act of 2002
(6 U.S.C. 621) is amended--
(1) in paragraph (2)(A), by striking ``, as designated
under Appendix A to part 27 of title 6, Code of Federal
Regulations, or any successor thereto,'';
(2) by striking paragraph (14);
(3) by redesignating paragraphs (10) through (13) as
paragraphs (13) through (16), respectively;
(4) by redesignating paragraph (9) as paragraph (11);
(5) by redesignating paragraphs (3) through (8) as
paragraphs (4) through (9), respectively;
(6) by inserting after paragraph (2) the following:
``(3) the term `chemical of interest' means a chemical
designated as a chemical of interest under Appendix A to part
27 of title 6, Code of Federal Regulations, or any successor
thereto;'';
(7) in paragraph (9), as so redesignated, by striking
``section 2102(c)(4)(B)(i)'' and inserting ``section 2102(c)(4)
by the Secretary that identifies specific security measures
that are sufficient to meet the risk-based performance
standards for facilities in tiers 3 and 4 that elect to utilize
the expedited approval program'';
(8) by inserting after paragraph (9), as so redesignated,
the following:
``(10) the term `hybrid physical-cybersecurity
vulnerability'--
``(A) 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
facility; and
``(B) includes a vulnerability of a covered
chemical facility to--
``(i) a physical threat to a cybersecurity
operation affecting the chemical of interest of
the covered chemical facility; or
``(ii) a cybersecurity threat to a physical
operation of the covered chemical facility;'';
(9) by inserting after paragraph (11), as so redesignated,
the following:
``(12) the term `security vulnerability assessment' means
an assessment of the vulnerabilities of a covered chemical
facility to--
``(A) physical threats; and
``(B) cybersecurity threats relating to--
``(i) the information technology or
operational technology of the covered chemical
facility; and
``(ii)(I) a chemical of interest;
``(II) an operation involving a chemical of
interest; or
``(III) a security measure of the covered
chemical facility;'';
(10) in paragraph (15), as so redesignated, by inserting
``and'' after the semicolon; and
(11) in paragraph (16), as so redesignated, by striking ``;
and'' and inserting a period.
(b) Conforming Amendments.--Title XXI of the Homeland Security Act
of 2002 (6 U.S.C. 621 et seq.) is amended--
(1) in section 2102(e)(5)(B)(i)(I)(bb) (6 U.S.C.
622(e)(5)(B)(i)(I)(bb)), as so redesignated by section 13 of
this Act, by striking ``section 2101(3)'' and inserting
``section 2101(4)''; and
(2) in section 2103 (6 U.S.C. 623)--
(A) in subsection (a), by inserting ``security''
before ``vulnerability assessments''; and
(B) in subsection (d), by inserting ``security''
before ``vulnerability assessments''.
SEC. 3. CHEMICAL FACILITY ANTI-TERRORISM STANDARDS PROGRAM
REQUIREMENTS.
Section 2102(a)(2)(C) of the Homeland Security Act of 2002 (6
U.S.C. 622(a)(2)(C)) is amended by inserting ``eliminate or mitigate
physical, cybersecurity, and hybrid physical-cybersecurity
vulnerabilities in order to'' before ``address''.
SEC. 4. PURPOSE.
Section 2102(a) of the Homeland Security Act of 2002 (6 U.S.C.
622(a)) is amended by adding at the end the following:
``(3) Purpose.--The purpose of the Chemical Facility Anti-
Terrorism Standards Program is to--
``(A) enhance the security of the United States by
lowering the security risks posed by chemicals
designated under Appendix A to part 27 of title 6,
United States Code, or any successor thereto, at
covered chemical facilities; and
``(B) prevent the chemicals described in
subparagraph (A) from being exploited in terrorist
attacks.''.
SEC. 5. EMPLOYEE INPUT REGARDING SECURITY MEASURES.
Section 2102(b) of the Homeland Security Act of 2002 (6 U.S.C.
622(b)) is amended by striking paragraph (2) and inserting the
following:
``(2) Employee input.--
``(A) In general.--The security vulnerability
assessment and site security plan of a covered chemical
facility shall include input from not less than 1
employee of the covered chemical facility, and, where
applicable, 1 employee representative from the
bargaining agent at that covered chemical facility,
each of whom possesses chemical terrorism vulnerability
information training and, in the determination of the
security officer of the covered chemical facility,
relevant knowledge, experience, or education as
pertains to matters of site security.
``(B) Scope of employee consultation.--Any
recommendation offered by an employee or employee
representative under this paragraph--
``(i) 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 title; and
``(ii) shall not be considered protected
information or a protected disclosure under
section 2105.
``(C) 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 paragraph.''.
SEC. 6. STRATEGY TO IMPROVE CYBERSECURITY AND OUTREACH TO LOCAL
EMERGENCY RESPONDERS.
(a) Strategy.--Not later than 1 year after the date of enactment of
this Act, and every 2 years thereafter, 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 manager, the
local emergency response provider, and any on site emergency response
provider for a covered chemical facility.
(b) Contents.--The strategy issued under subsection (a) shall
include--
(1) an unclassified assessment of cybersecurity threats
relating to--
(A) the information technology or operational
technology affecting the security risk of a chemical of
interest of the covered chemical facility;
(B) processes and operations relating to a chemical
of interest; and
(C) security measures of the covered chemical
facility relating to a chemical of interest;
(2) processes for periodic mitigation of security
vulnerabilities, as defined in section 102 of the Cybersecurity
Information Sharing Act of 2015 (6 U.S.C. 1501), 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 interest;
(3) guidance on further improving outreach to the local
emergency manager, the local emergency response provider, and
any on site emergency response provider for a covered chemical
facility, which shall include--
(A) a statement of the name or title,
organizational affiliation, and phone number of a local
emergency manager or local emergency response provider,
and any on site emergency response provider, for the
covered chemical facility;
(B) the documented policy of the covered chemical
facility to coordinate access to the facility with the
local emergency manager, local emergency response
provider, and any on site emergency response provider
described in subparagraph (A), for purposes of training
and pre-incident planning; and
(C) 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 (within the meaning of
section 27.400(e) of title 6, Code of Federal
Regulations, or any successor thereto) and appropriate
chemical-terrorism vulnerability information
credentials the name and amount of each chemical of
interest held, stored, or manufactured at the covered
chemical facility.
(c) Stakeholder Input.--In issuing the strategy issued under
subsection (a), the Secretary shall solicit input from covered chemical
facilities and local emergency managers, local emergency response
providers, and on site emergency response providers for covered
chemical facilities.
SEC. 7. SITE SECURITY PLAN ASSESSMENTS.
Section 2102(c)(3) of the Homeland Security Act of 2002 (6 U.S.C.
622(c)) is amended--
(1) in subparagraph (B), by striking ``2014'' and inserting
``2020''; and
(2) by adding at the end the following:
``(C) Review of compliance.--In approving or
disapproving a site security plan under this
subsection, the Secretary shall confirm that the
covered chemical facility has complied with the
employee consultation requirements under subsection
(b)(2), including by reviewing and recording compliance
with the documentation requirements under subsection
(b)(2)(D).''.
SEC. 8. EXPEDITED APPROVAL PROGRAM.
Section 2102(c)(4) of the Homeland Security Act of 2002 (6 U.S.C.
622(c)(4)) is amended--
(1) in subparagraph (A)(i), by striking ``subparagraph
(C)'' and inserting ``subparagraph (C)(i)'';
(2) in subparagraph (B)--
(A) in clause (i), by striking ``Not later than''
and all that follows through ``the Secretary shall
issue'' and inserting ``The Secretary shall maintain'';
and
(B) by striking clause (iii);
(3) in subparagraph (C)--
(A) in clause (iii), by redesignating subclauses
(I) through (III) as items (aa) through (cc),
respectively, and adjusting the margins accordingly;
(B) by redesignating clauses (i) through (viii) as
subclauses (I) through (VIII), respectively, and
adjusting the margins accordingly;
(C) in the matter preceding subclause (I), as so
redesignated, by striking ``The owner'' and inserting
the following:
``(i) In general.--The owner''; and
(D) by adding at the end the following:
``(ii) Risk-based performance standards.--
In submitting a site security plan and
certification under subparagraph (A)(i), 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 facility.'';
(4) in subparagraph (D)--
(A) in clause (i), by striking ``subparagraph (C)''
and inserting ``subparagraph (C)(i)''; and
(B) in clause (iii)--
(i) by striking ``30'' and inserting
``15''; and
(ii) by striking ``subparagraph (C)'' and
inserting ``subparagraph (C)(i)'';
(5) in subparagraph (E)(i), in the matter preceding
subclause (I), by striking ``(C)'' and inserting ``(C)(i)'';
(6) in subparagraph (F)(i)(I), by striking ``subparagraph
(C)'' and inserting ``subparagraph (C)(i)''; and
(7) by striking subparagraph (I) and inserting the
following:
``(I) Notice by the secretary.--The Secretary shall
provide notice to each covered chemical facility of the
expedited approval program under this paragraph.''.
SEC. 9. CFATS RECOGNITION PROGRAM.
(a) In General.--Section 2102(c) of the Homeland Security Act of
2002 (6 U.S.C. 622(c)) is amended by adding at the end the following:
``(5) CFATS recognition program.--
``(A) Definitions.--In this paragraph--
``(i) the term `CFATS Recognition Program'
means the program established under
subparagraph (B);
``(ii) the term `participating facility'
means a covered chemical facility that is a
member of a participating industry stewardship
program;
``(iii) the term `participating industry
stewardship program' means an industry
stewardship program that--
``(I) meets the eligibility
requirements under subparagraph (C)(i);
and
``(II) is reviewed and certified by
the Secretary to participate in the
CFATS Recognition Program; and
``(iv) the term `sponsor organization'
means the governing body of a participating
industry stewardship program.
``(B) Establishment.--
``(i) In general.--Not later than 2 years
after the date of enactment of the Protecting
and Securing Chemical Facilities from Terrorist
Attacks Act of 2020, the Secretary shall
prescribe regulations, including guidance if
appropriate, to establish a program that shall
be known as the CFATS Recognition Program--
``(I) with the goal of leveraging
current and future industry stewardship
programs to further enhance the
security at covered chemical
facilities;
``(II) to provide incentives for
greater regulatory relief while
ensuring that the overarching security
objectives of the Chemical Facility
Anti-Terrorism Standards Program are
satisfied; and
``(III) under which the Secretary
shall--
``(aa) establish--
``(AA) eligibility
criteria under
subparagraph (C)(i) for
industry stewardship
programs seeking to
participate in the
CFATS Recognition
Program; and
``(BB) performance
requirements under
subparagraph (C)(ii)
for participating
facilities;
``(bb) provide incentives
under subparagraph (C)(iii) to
encourage participation in the
CFATS Recognition Program; and
``(cc) prescribe such
regulations and guidance as the
Secretary determines to be
necessary or appropriate for
the implementation of the CFATS
Recognition Program.
``(ii) Interim rules.--The Secretary may
issue the regulations required under clause (i)
by interim final rule to the extent necessary
to expedite the establishment of the CFATS
Recognition Program under that clause.
``(iii) Applicability of other laws.--
During the period before the Secretary has met
the deadline under clause (i), in developing
and prescribing, or amending, the regulations
relating to carrying out the CFATS Recognition
Program and collecting information from
industry stewardship programs, sponsor
organizations, and participating facilities,
the Secretary shall not be subject to--
``(I) section 553 of title 5,
United States Code;
``(II) subchapter I of chapter 35
of title 44, United States Code; or
``(III) section 2107(b) of this
Act.
``(C) Eligibility criteria; facility performance
requirements; incentives.--
``(i) Eligibility criteria for industry
stewardship programs.--Not later than 2 years
after the date of enactment of the Protecting
and Securing Chemical Facilities from Terrorist
Attacks Act of 2020, 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--
``(I) 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 (3) or (6) of section 501(c)
of the Internal Revenue Code of 1986;
``(II) a documented top management
commitment to chemical facility
security; and
``(III) criteria relating to--
``(aa) program auditing
requirements and frequency;
``(bb) security
vulnerability assessment
requirements and frequency;
``(cc) security measures
that align with the risk-based
performance standards
established under subsection
(a)(2)(C); and
``(dd) reporting required
to be done by any industry
stewardship program desiring to
participate in the CFATS
Recognition Program.
``(ii) Performance requirements for
participating facilities.--The Secretary shall
require that each participating facility--
``(I) submit an acknowledgment by
the sponsor organization of the
participating industry steward program,
of which the participating facility is
a member, that the participating
facility is--
``(aa) a member in good
standing of the participating
industry stewardship program;
and
``(bb) in full compliance
with the requirements of the
participating industry
stewardship program; and
``(II) promptly notify the
Secretary if the participating facility
ceases to be--
``(aa) a member in good
standing of the participating
industry stewardship program;
or
``(bb) in full compliance
with the requirements of the
participating industry
stewardship program.
``(iii) Program incentives.--Not later than
2 years after the date of enactment of the
Protecting and Securing Chemical Facilities
from Terrorist Attacks Act of 2020, the
Secretary shall--
``(I) establish incentives for
participation in the CFATS Recognition
Program, which shall include--
``(aa) a reduction in the
frequency of compliance
inspections through adjustments
to the inspection frequency
algorithm of the Department,
except with respect to any
inspection--
``(AA) relating to
a planned measure in
the site security plan
of a participating
facility that has not
been fully implemented;
or
``(BB) of a
participating facility
that is not in full
compliance with the
requirements under the
Chemical Facility Anti-
Terrorism Standards
Program;
``(bb) streamlined
vulnerability assessment and
site security plan processes;
and
``(cc) any other regulatory
relief as determined
appropriate by the Secretary;
and
``(II) provide written guidance on
any incentive established under
subclause (I).
``(D) Evaluation.--Not later than 1 year after the
date on which the CFATS Recognition Program is
established under subparagraph (B)(i), the Secretary
shall provide a briefing to the appropriate
congressional committees on the progress in carrying
out the CFATS Recognition Program.''.
(b) GAO Review and Report.--
(1) Review.--Not later than 3 years after the date on which
the Secretary establishes the CFATS Recognition Program under
paragraph (5) of section 2102(c) of the Homeland Security Act
of 2002 (6 U.S.C. 622(c)), as added by subsection (a), the
Comptroller General of the United States shall conduct a review
of the program, which shall include--
(A) an assessment of the effectiveness of the
program, including--
(i) the result of leveraging industry
stewardship programs to further secure covered
chemical facilities;
(ii) any security improvements or
deficiencies at covered chemical facilities
participating in the program; and
(iii) the estimated cost savings of the
program to the Federal Government;
(B) recommendations on additional incentives that
the Secretary should provide for covered chemical
facilities participating in the program; and
(C) recommendations for any changes to the program.
(2) Report.--Not later than 270 days after the date on
which the Comptroller General of the United States begins the
review required under paragraph (1), the Comptroller General
shall submit to the appropriate congressional committees a
report on the review.
SEC. 10. STANDARDS FOR AUDITORS AND INSPECTORS.
Section 2102(d)(1) of the Homeland Security Act of 2002 (6 U.S.C.
622(d)(1)) is amended--
(1) in subparagraph (D), by inserting ``, or any successor
organization,'' after ``Infrastructure Security Compliance
Division'' each place that term appears;
(2) in subparagraph (E)--
(A) by redesignating clauses (i) through (vii) as
subclauses (I) through (VII), respectively, and
adjusting the margins accordingly;
(B) in the matter preceding subclause (I), as so
redesignated, by striking ``The Secretary'' and
inserting the following:
``(i) In general.--The Secretary'';
(C) in clause (i), as so designated--
(i) in subclause (I), as so redesignated,
by striking the semicolon at the end and
inserting the following: ``that include--
``(aa) requirements
relating to training--
``(AA) in
inspection methods
evaluating performance-
based measures to
determine whether a
chemical facility is in
compliance with this
title, including
examples of such
training; and
``(BB) with respect
to consistency in the
application of
inspection methods
described in subitem
(AA); and
``(bb) requirements
relating to training in
alternative security plans and
programs;'';
(ii) in subclause (II), as so redesignated,
by inserting ``, including periodic performance
reviews of each such individual'' after
``retraining requirements'';
(iii) in subclause (VI), as so
redesignated, by striking ``and'';
(iv) by redesignating subclause (VII), as
so redesignated, as subclause (VIII); and
(v) by inserting after subclause (VI), as
so redesignated, the following:
``(VII) 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 subsection;
and''; and
(D) by adding at the end the following:
``(ii) Annual review.--
``(I) In general.--Not later than 2
years after the date of enactment of
the Protecting and Securing Chemical
Facilities from Terrorist Attacks Act
of 2020, and every 2 years thereafter,
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 inspections, 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 States.
``(II) Briefing.--Not later than 60
days after the date on which each
review is conducted under subclause
(I), 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 review.
``(III) Incorporation in
training.--The Secretary shall, as
appropriate, incorporate the findings
of each review under subclause (I) in
developing the standards for the
training and retraining of auditors and
inspectors under clause (i).
``(iii) Definition.--In this subparagraph,
the term `trained auditor or inspector' means
an individual who--
``(I) has completed the training
required to be an auditor or inspector
used by the Department; and
``(II) 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 2020.''; and
(3) by adding at the end the following:
``(G) Evaluation standard.--
``(i) In general.--Not later than 1 year
after the date of enactment of the Protecting
and Securing Chemical Facilities from Terrorist
Attacks Act of 2020, 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 subsection.
``(ii) Briefing.--Not later than 3 months
after the Secretary develops the standard under
clause (i), 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 standard.''.
SEC. 11. PERSONNEL SURETY PROGRAM.
(a) In General.--Section 2102(d)(2) of the Homeland Security Act of
2002 (6 U.S.C. 622(d)(2)) is amended--
(1) in subparagraph (A)--
(A) in clause (i)--
(i) by inserting ``to the Secretary for
vetting'' after ``information about an
individual''; and
(ii) by striking ``1 time;'' and inserting
the following: ``1 time, except that the
covered chemical facility shall supply
additional information requested by the
Secretary if--
``(I) any information submitted
about an individual with access to
restricted areas and critical assets--
``(aa) is incorrect or
incomplete; or
``(bb) changes;
``(II) an individual who previously
had access to restricted areas and
critical assets, no longer has such
access;
``(III) an individual regains
access to restricted areas and critical
assets; or
``(IV) the Secretary requests
information to--
``(aa) verify compliance
with screening for terrorist
ties under the Personnel Surety
Program; or
``(bb) complete or respond
to terrorist ties vetting;'';
and
(B) in clause (ii), by inserting ``who will have
access to restricted areas and critical assets,'' after
``about an individual'';
(2) in subparagraph (B)(i)(I), by inserting ``, provided
that, if an individual screened through the Federal screening
program legally changes his or her name, 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 90 days after the date on which the owner or operator is
notified of the change in the name of the individual'' before
the semicolon; and
(3) by adding at the end the following:
``(D) Requirement to update.--Not later than 30
days after the date on which the Secretary receives
additional information requested by the Secretary under
subparagraph (A)(i)(I), the Secretary shall update the
information accordingly within the terrorist screening
database, 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
access.
``(E) Timeline for tier 3 and 4 facilities.--
``(i) In general.--Not later than 7 years
after the date of enactment of the Protecting
and Securing Chemical Facilities from Terrorist
Attacks Act of 2020, the Secretary shall
implement the Personnel Surety Program
established under subparagraph (A) with respect
to covered chemical facilities assigned to tier
3 and tier 4 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 2020, except that the Secretary may not, in
any fiscal year, implement the Personnel Surety
Program with respect to more than 15 percent of
such covered chemical facilities, except that
if an owner or operator of any such covered
chemical facility voluntarily chooses to
implement the Personnel Surety Program, such
covered chemical facility shall not be counted
against that percent.
``(ii) Federal information policy.--The
Secretary shall not be subject to subchapter I
of chapter 35 of title 44, United States Code,
until the date that is 3 years after the date
on which clause (i) is implemented.
``(F) Briefing to congress.--Not later than 1 year
after the date of enactment of the Protecting and
Securing Chemical Facilities from Terrorist Attacks Act
of 2020, and annually thereafter until the Personnel
Surety Program established under subparagraph (A) is
implemented with respect to all covered chemical
facilities assigned to tier 3 and 4 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 2020,
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 Program,
including--
``(i) the effectiveness of the Personnel
Surety Program;
``(ii) the cost of the Personnel Surety
Program; and
``(iii) the results of implementing the
Personnel Surety Program.''.
(b) Guidance.--Not later than 270 days after the date of enactment
of this Act, 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
2102(d)(2) of the Homeland Security Act of 2002 (6 U.S.C. 622(d)(2)),
as amended by subsection (a).
SEC. 12. SECURITY RISK ASSESSMENT APPROACH AND CORRESPONDING TIERING
METHODOLOGY.
Section 2102(e) of the Homeland Security Act of 2002 (6 U.S.C.
622(e)) is amended--
(1) in paragraph (2)(A), by striking ``develop'' and
inserting ``maintain''; and
(2) in paragraph (3)--
(A) in subparagraph (B)--
(i) by striking ``information on'' and all
that follows through the end and inserting
``information on--''; and
(ii) by adding at the end the following:
``(i) how the Secretary confirmed the
information was the basis for the change or
determination described in subparagraph (A);
``(ii) all relevant inputs and assumptions
under the tiering methodology;
``(iii) the rationale for each of those
relevant inputs and assumptions;
``(iv) the output of the tiering
methodology; and''; and
(B) by adding at the end the following:
``(C) Notice.--
``(i) 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 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 1 year
after the date on which the owner or operator
submitted the Top-Screen, the Secretary shall,
in writing, notify the owner or operator that--
``(I) the Secretary has not made
such a determination; and
``(II) the chemical facility of
interest is no longer pending tiering
determination but, until further
notice, is deemed a chemical facility
of interest.
``(ii) 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 1 year before the date
of enactment of the Protecting and Securing
Chemical Facilities from Terrorist Attacks Act
of 2020, 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 enactment, the Secretary shall
provide the notification described in clause
(i) to the owner and operator.
``(D) Reports.--
``(i) Reports to chemical facilities.--
``(I) In general.--Not later than
60 days after the Secretary makes a
determination that tiering for a
covered chemical facility is changed,
or that a covered chemical facility is
no longer subject to the requirements
under this title, the Secretary shall,
upon the request of the owner or
operator of the covered chemical
facility, submit to the owner or
operator of the covered chemical
facility a written report that
contains--
``(aa) the information
described in subparagraphs (A)
and (B); and
``(bb) a controlled
unclassified statement--
``(AA) of the
criteria under
paragraph (2)(B) and
how the security risk
of terrorism associated
with the covered
chemical facility was
evaluated under those
criteria; and
``(BB) that
includes any chemical-
terrorism vulnerability
information (as defined
in section 27.105 of
title 6, Code of
Federal Regulations, or
any successor thereto)
relating to the
determination.
``(II) Public disclosure.--Each
report submitted to an owner or
operator of a covered chemical facility
to which the report pertains under
subclause (I) shall be protected from
public disclosure under section 2103.
``(ii) 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 270 days after the date on which the owner
or operator submitted the Top-Screen, 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--
``(I) a written notification that
the Secretary has not made the
determination or issued the
notification, as applicable; and
``(II) an explanation of why the
Secretary has not made the
determination or issued the
notification, as applicable.''.
SEC. 13. DATA COLLECTION, RECORDING, AND LESSONS LEARNED.
Section 2102(e) of the Homeland Security Act of 2002 (6 U.S.C.
622(e)), as amended by section 12 of this Act, is amended--
(1) in paragraph (3)--
(A) in subparagraph (A)--
(i) by redesignating clauses (i) and (ii)
as clauses (ii) and (iii), respectively;
(ii) by inserting before clause (ii), as so
redesignated, the following:
``(i) the Secretary determines that a
facility that was a covered chemical facility
no longer presents a high level of security
risk;''; and
(iii) in clause (iii), as so redesignated,
by inserting ``or chemical facility of
interest'' after ``covered chemical facility'';
(B) in subparagraph (B), as amended by section 12
of this Act, by adding at the end the following:
``(v) any action taken or practice employed
by a facility described in subparagraph (A)(i)
to reduce or remove terrorism-related chemical
security risks.''; and
(C) by adding at the end the following:
``(E) Treatment of certain information.--
``(i) Protected information.--Information
described in subparagraph (B) shall be
protected from public disclosure in accordance
with section 2103(a).
``(ii) Federal information policy.--In
collecting information under subparagraph
(B)(v), the Secretary shall not be subject to
subchapter I of chapter 35 of title 44, United
States Code.'';
(2) by redesignating paragraph (4) as paragraph (5);
(3) by inserting after paragraph (3) the following:
``(4) Lessons learned relating to reducing chemical
security risks.--
``(A) In general.--Based on the information
maintained under paragraph (3)(B)(v) relating to
actions taken and practices employed by facilities
described in paragraph (3)(A)(i) to successfully
reduce, remove, or otherwise prevent chemical security
risks, the Secretary shall--
``(i) develop, and, not less frequently
than every 2 years, update, 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
risks; and
``(ii) disseminate the lessons learned and
developed under clause (i) to owners and
operators of covered chemical facilities and
chemical facilities of interest through an
appropriate medium or system, including by
making the lessons learned available to the
public to the greatest extent practicable.
``(B) Treatment of sensitive information.--In
developing and disseminating the lessons learned under
subparagraph (A), the Secretary shall protect from
public disclosure--
``(i) security vulnerability assessments,
site security plans, and all other security-
related information, records, and documents;
and
``(ii) any information from which the
identity of the covered chemical facility or
chemical facility of interest could be
reasonably ascertained.''; and
(4) in paragraph (5)(B)(i)(I), as so redesignated--
(A) in item (aa), by striking ``or'';
(B) in item (bb), by striking ``and'' and inserting
``or''; and
(C) by adding at the end the following:
``(cc) determined that a
facility that was a covered
chemical facility no longer
presents a high level of
security risk.''.
SEC. 14. SEMIANNUAL PERFORMANCE REPORTING.
Section 2102(e)(5) of the Homeland Security Act of 2002, as so
redesignated by section 13 of this Act, is amended--
(1) in the matter preceding subparagraph (A), by striking
``2014'' and inserting ``2020'';
(2) by striking subparagraph (C);
(3) by redesignating subparagraph (D) as subparagraph (C);
(4) by inserting after subparagraph (C), as so
redesignated, the following:
``(D) the effectiveness of the Chemical Facility
Anti-Terrorism Standards Program at--
``(i) managing security risks; and
``(ii) developing and using appropriate
metrics and analysis capabilities to measure
risk reduction attributable to the Chemical
Facility Anti-Terrorism Standards Program,
including--
``(I) analysis capabilities
relating to a reduction in the
vulnerability of high-risk covered
chemical facilities to terrorist
attack; and
``(II) outcome metrics that measure
cumulative risk reduction over time for
high-risk covered chemical
facilities;'';
(5) by striking subparagraph (E);
(6) by redesignating subparagraph (F) as subparagraph (E);
(7) in subparagraph (E), as so redesignated, by striking
the period at the end and inserting a semicolon; and
(8) by adding at the end the following:
``(F) the number of chemical facilities of interest
that have submitted Top-Screens and are awaiting
tiering designation;
``(G) with respect to each chemical facility of
interest described in subparagraph (F), the number of
days during which the tiering designation for the
chemical facility of interest has been pending;
``(H) information relating to covered products or
mixtures, as defined in paragraph (7)(A), that the
Secretary has excluded from the designation as
chemicals of interest for purposes of the definition of
the term `chemical facility of interest', including--
``(i) the total number of petitions
submitted under the regulations prescribed
under paragraph (5)(C);
``(ii) the total number of covered products
or mixtures that the Secretary has
affirmatively excluded from the designation;
``(iii) the rationale for affirmatively
excluding each covered product or mixture for
which a petition described in clause (i) was
submitted; and
``(iv) the rationale for not affirmatively
excluding each covered product or mixture for
which a petition described in clause (i) was
submitted;
``(I) information related to the security
harmonization waiver program established under section
2114, including--
``(i) the total number of covered chemical
facilities that have applied for a waiver under
that section;
``(ii) the total number of covered chemical
facilities that the Secretary has granted a
waiver under that section;
``(iii) the total number of waivers applied
for and, separately, total number of waivers
granted for all or part of the regulatory
requirements under this title;
``(iv) the rationale for granting a covered
facility a waiver; and
``(v) the rationale for not granting a
covered chemical facility a waiver; and
``(J) the number of individuals who have been
checked for possible ties to terrorism via the
terrorist screening database and, of those individuals,
the number of positive matches, provided that such
information shall be submitted in a separate annex to
the report, which may contain national security
information, and appropriately safeguarded from public
disclosure.''.
SEC. 15. RESPONSIBILITIES OF THE SECRETARY.
(a) Sharing Information With Emergency Response Providers.--Section
2102(e) of the Homeland Security Act of 2002 (6 U.S.C. 622(e)), as
amended by section 13 of this Act, is amended by adding at the end the
following:
``(6) Sharing information with emergency response
providers.--
``(A) Definition of fusion center.--In this
paragraph, the term `fusion center' has the meaning
given the term in section 210A(j).
``(B) Sharing information.--The Secretary shall, in
a secure and expeditious manner, make available to
State, local, and regional fusion centers and State and
local government officials, including officials of
State or local law enforcement agencies and emergency
response providers, with a need to know (within the
meaning of section 27.400(e) of title 6, Code of
Federal Regulations, or any successor thereto) with
appropriate chemical-terrorism vulnerability
information training, such information as the Secretary
determines necessary to ensure that emergency response
providers are capable to effectively prepare for,
respond to, and mitigate chemical security incidents at
covered chemical facilities, which shall include, with
respect to each covered chemical facility--
``(i) the name of the covered chemical
facility;
``(ii) the address of the covered chemical
facility;
``(iii) the phone number of the covered
chemical facility;
``(iv) the name and Chemical Abstract
Service number of each chemical of interest
used, stored, or manufactured as specified in
the Top-Screen submitted by the covered
chemical facility;
``(v) the quantity and concentration of
each chemical of interest specified in the Top-
Screen submitted by the covered chemical
facility; and
``(vi) the name or title, organizational
affiliation, 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 facility.
``(C) Existing platform or website.--
``(i) In general.--In sharing information
under subparagraph (B), the Secretary shall use
a single information technology infrastructure,
information technology platform, online
platform, or website in existence on the date
of enactment of the Protecting and Securing
Chemical Facilities from Terrorist Attacks Act
of 2020.
``(ii) Determination.--When determining
which single infrastructure, platform, or
website to use under clause (i), the Secretary
shall solicit input from covered chemical
facilities, State, local, and regional fusion
centers, and State and local government
officials, including officials of State or
local law enforcement agencies and emergency
response providers.
``(D) Updates.--Not less frequently than every 90
days, the Secretary shall update the information shared
under subparagraph (B) to include covered chemical
facilities in existence as of the date of the update.
``(E) Outreach to first responders.--Concurrent
with a compliance inspection or audit conducted at
covered chemical facilities under subsection (d)(1),
the Secretary or a designee of the Secretary shall--
``(i) contact and notify the local
emergency manager or local emergency response
provider, and any on-site emergency response
provider, identified by the covered chemical
facility that there is a covered chemical
facility in their response area; and
``(ii) 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
information.''.
(b) Report.--Not later than 270 days after the date of enactment of
this Act, the Secretary shall report to the appropriate congressional
committees on the plan of the Secretary to--
(1) implement the amendment made by subsection (a); and
(2) in accordance with the amendment made by subsection
(a), communicate with emergency response providers with a need
to know (within the meaning of section 27.400(e) of title 6,
Code of Federal Regulations, or any successor thereto) 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
operate.
SEC. 16. AMENDMENTS RELATING TO APPENDIX A OF PART 27 OF TITLE 6,
UNITED STATES CODE.
(a) Specific Products and Mixtures Containing Chemicals of
Interest.--Section 2102(e) of the Homeland Security Act of 2002 (6
U.S.C. 622(e)), as amended by section 15 of this Act, is amended by
adding at the end the following:
``(7) Specific products and mixtures containing chemicals
of interest.--
``(A) Definition.--In this paragraph, 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 27 of title 6, Code of Federal Regulations, or
any successor thereto.
``(B) Exclusion.--Subject to the regulations
prescribed under subparagraph (C), 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 interest.
``(C) Regulations.--
``(i) Authority to prescribe.--Not later
than 1 year after the date of enactment of the
Protecting and Securing Chemical Facilities
from Terrorist Attacks Act of 2020, the
Secretary shall prescribe regulations,
including guidance as necessary, under which--
``(I) an interested party may
petition the Secretary for exclusion of
a covered product or mixture under
subparagraph (B);
``(II) during the period beginning
on the effective date of such
regulations, and ending on the date
that is 1 year after such date, not
later than 180 days after an interested
party submits a petition under
subclause (I), the Secretary shall--
``(aa) determine whether
the covered product or mixture
shall be excluded under
subparagraph (B); and
``(bb) if the Secretary
determines that the covered
product or mixture shall be
excluded under subparagraph (B)
and so excludes the covered
product or mixture;
``(III) after the date that is 1
year after the effective date of such
regulations, not later than 90 days
after an interested party submits a
petition under subclause (I), the
Secretary shall--
``(aa) determine whether
the covered product or mixture
shall be excluded under
subparagraph (B); and
``(bb) if the Secretary
determines that the covered
product or mixture shall be
excluded under subparagraph
(B)--
``(AA) 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
27.400(e) of title 6,
Code of Federal
Regulations, or any
successor thereto; and
``(BB) so exclude
the covered product or
mixture; and
``(IV) if an interested party
submits a petition under subclause (I)
and the Secretary has not made a
determination as to whether the
relevant covered product or mixture
shall be excluded under subparagraph
(B) by the date required under
subclause (II) or (III) of this
subparagraph, as applicable, the
Secretary may extend the period in
which the determination is to be made--
``(aa) upon the request of
the interested party; or
``(bb) if the Secretary
requires additional time to
make the determination.
``(ii) Federal information policy.--In
collecting information from petitioners under
this subparagraph, the Secretary shall not be
subject to subchapter I of chapter 35 of title
44, United States Code.''.
(b) Flammable Liquid Measures.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall prescribe a
regulation to amend Appendix A to part 27 of title 6, United States
Code, 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 quantity, only a release-flammable chemical of
interest in liquid mixtures with a flammability hazard rating of 4
under the document entitled ``NFPA 704: Standard System for the
Identification of the Hazards of Materials for Emergency Response''
published in 2017 by the National Fire Protection Association, or any
successor thereto, shall be included in the calculation.
(c) Evaluation of Designated Chemicals of Interest.--Section
2102(e) of the Homeland Security Act of 2002 (6 U.S.C. 622(e)), as
amended by subsection (a) of this section, is amended by adding at the
end the following:
``(8) Chemicals of interest.--Not later than 180 days after
the date of enactment of the Protecting and Securing Chemical
Facilities from Terrorist Attacks Act of 2020, and not less
frequently than every 5 years thereafter, the Secretary shall--
``(A) review Appendix A to part 27 of title 6, Code
of Federal Regulations, or any successor thereto, to
determine whether, in the opinion of the Secretary--
``(i) any chemical that is not designated
as a chemical of interest should be designated
as a chemical of interest;
``(ii) any chemical of interest should not
be designated as a chemical of interest; and
``(iii) any chemical amount, concentration,
or threshold quantity described in Appendix A
to part 27 of title 6, Code of Federal
Regulations, or any successor thereto, should
be modified; and
``(B) 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
(A).''.
(d) Changes to Appendix A to Part 27 of Title 6, Code of Federal
Regulations.--
(1) In general.--Title XXI of the Homeland Security Act of
2002 (6 U.S.C. 621 et seq.) is amended by adding at the end the
following:
``SEC. 2110. CHANGES TO APPENDIX A TO PART 27 OF TITLE 6, CODE OF
FEDERAL REGULATIONS.
``(a) In General.--The Secretary shall prescribe, through notice
and comment rulemaking under section 553 of title 5, United States
Code, regulations relating to any proposed change to Appendix A to part
27 of title 6, Code of Federal Regulations, or any successor thereto,
if the Secretary determines that--
``(1) a chemical should be designated as a chemical of
interest;
``(2) a chemical designated as a chemical of interest
should not be so designated; or
``(3) a chemical amount, concentration, or threshold
quantity described in Appendix A to part 27 of title 6, Code of
Federal Regulations, or any successor thereto, should be
modified.
``(b) Interim Rules.--Notwithstanding subsection (a), the Secretary
may publish in the Federal Register an interim final rule relating to a
proposed change to Appendix A to part 27 of title 6, Code of Federal
Regulations, or any successor thereto, if the Secretary determines
that--
``(1) an emergency or immediate threat directly relating to
a specific chemical, chemical amount, chemical concentration,
and chemical threshold quantity exists; and
``(2) the chemical described in paragraph (1) should be
designated as a chemical of interest; and
``(3) the chemical amount, chemical concentration, and
chemical threshold quantity described in paragraph (1) should
be designated or modified, as applicable, under Appendix A to
part 27 of title 6, Code of Federal Regulations, or any
successor thereto.
``(c) Duration of Authority.--
``(1) In general.--Any proposed change to Appendix A to
part 27 of title 6, Code of Federal Regulations, or any
successor thereto, published in an interim rule under
subsection (b) shall only be in effect for the 180-day period
following publication of the interim rule.
``(2) Rule making.--If, after the 180-day period described
in paragraph (1), the Secretary determines that a chemical
designated as a chemical of interest under an interim rule
published under subsection (b) should be designated as a
chemical interest, 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 553 of title 5, United States Code.''.
(2) Technical and conforming amendment.--The table of
contents in section 1(b) of the Homeland Security Act of 2002
(Public Law 107-196; 116 Stat. 2135) is amended by inserting
after the item relating to section 2109 the following:
``Sec. 2110. Changes to Appendix A to part 27 of title 6, Code of
Federal Regulations.''.
(e) Explosive Materials.--
(1) Findings.--Congress finds the following:
(A) On September 10, 2007, the Department of
Justice submitted comments to the Appendix A to part 27
of title 6, Code of Federal Regulations, or any
successor thereto, opposing the inclusion of chemicals
regulated as explosives under chapter 40 of title 18,
United States Code, and stated that it is unnecessarily
duplicative, confusing, and ``does not effectively
serve to enhance public safety or reduce the risk of
criminal or terrorist misuse of explosives.''
(B) The Committee on Homeland Security and
Governmental Affairs of the Senate has conducted
oversight of the Chemical Facility Anti-Terrorism
Standards Program (in this paragraph referred to as the
``Program'') throughout the 115th and 116th Congresses
and found that duplicative regulations of the Program
and the Bureau of Alcohol, Tobacco, Firearms, and
Explosives come at a significant and unnecessary cost
to the explosives industry.
(C) The Government Accountability Office is
conducting a review of fragmentation, overlap, and
duplication of the Program with other Federal
regulatory programs. Preliminary findings of the
Government Accountability Office indicate duplication
between regulations and elements of the Program and
those of the Bureau of Alcohol, Tobacco, Firearms, and
Explosives, as the Government Accountability Office
found that regulations and elements of the Bureau
addressing the storage and maintenance of explosives
generally align with 11 of the 18 risk-based
performance standards of the Program.
(2) Amendment to homeland security act of 2002.--
(A) In general.--Title XXI of the Homeland Security
Act of 2002 (6 U.S.C. 621 et seq.) is amended by
striking section 2109 (6 U.S.C. 629) and inserting the
following:
``SEC. 2109. EXPLOSIVE MATERIALS.
``(a) In General.--The Secretary may not designate any explosive
material regulated by the Department of Justice under chapter 40 of
title 18, United States Code, or by the Bureau of Alcohol, Tobacco,
Firearms, and Explosives under part 555 of title 27, Code of Federal
Regulations, as a chemical of interest under Appendix A to part 27 of
title 6, Code of Federal Regulations, or any successor thereto.
``(b) Explosive Material Regulated After Designation.--If any
explosive material that is designated as a chemical of interest under
Appendix A to part 27 of title 6, Code of Federal Regulations, or any
successor thereto, becomes regulated by the Department of Justice under
chapter 40 of title 18, United States Code, or by the Bureau of
Alcohol, Tobacco, Firearms, and Explosives under part 555 of title 27,
Code of Federal Regulations, or any successor thereto, the Secretary
shall remove the designation of such explosive material as a chemical
of interest.''.
(3) Technical and conforming amendment.--The table of
contents in section 1(b) of the Homeland Security Act of 2002
(Public Law 107-196; 116 Stat. 2135) is amended by striking the
item relating to section 2109 and inserting the following:
``Sec. 2109. Explosive materials.''.
SEC. 17. INFORMAL CONSULTATIONS AND ASSESSMENTS.
(a) In General.--Section 2102 of the Homeland Security Act of 2002
(6 U.S.C. 622) is amended by adding at the end the following:
``(f) Informal Consultations and Assessments.--
``(1) In general.--The Secretary shall implement a system
under which, in accordance with this paragraph and except as
provided in paragraph (2), 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 (c) with respect to the covered
chemical facility.
``(A) Written explanation and request procedure.--
``(i) Written explanation.--Upon making a
preliminary deficiency determination under
subsection (c) with respect to a site security
plan of a covered chemical facility, the
Secretary shall provide to the owner or
operator of the covered chemical facility a
written explanation of the reasons for the
determination.
``(ii) Request.--Not later than 10 days
after receiving a written explanation of a
preliminary deficiency determination under
clause (i), 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
determination.
``(iii) Civil enforcement.--Upon receipt of
a request under clause (ii), the Secretary
shall not seek civil enforcement under section
2104 with respect to the preliminary deficiency
determination under subsection (c) of this
section to which the request pertains, except
as provided in subparagraph (D)(ii) of this
paragraph.
``(B) Opportunity for resubmission.--
``(i) In general.--An owner or operator of
a covered chemical facility requesting an
informal consultation under subparagraph
(A)(ii) may, during the period beginning on the
date on which the owner or operator submits the
request and ending at the conclusion of the
informal consultation, submit to the
Secretary--
``(I) any written explanation,
information, or other materials
relating to the preliminary deficiency
determination under subsection (c) to
which the request pertains; and
``(II) a revised site security plan
for the covered chemical facility.
``(ii) Consideration.--The Secretary shall
take into consideration any written
explanation, information, other materials, or
revised site security plan submitted by an
owner or operator under clause (i) in--
``(I) reviewing the preliminary
deficiency determination under
subsection (c); and
``(II) assessing a revised site
security plan for the covered chemical
facility.
``(C) Scheduling.--Upon receipt of a request under
subparagraph (A)(ii) by an owner or operator of a
covered chemical facility, the Secretary shall arrange
for an informal consultation with the owner or
operator--
``(i) not later than 30 days after the date
on which the Secretary receives the request;
and
``(ii) by telephone or electronic means, or
at a location of mutual convenience.
``(D) Determination.--
``(i) In general.--Not later than 30 days
after an informal consultation with an owner or
operator of a covered chemical facility under
this paragraph, the Secretary, taking into
consideration the information submitted by the
owner or operator under subparagraph (B)--
``(I) shall assess the preliminary
deficiency determination under
subsection (c);
``(II) may modify the preliminary
deficiency determination under
subsection (c), in whole or in part;
and
``(III) shall issue a formal
determination with respect to the site
security plan of the covered chemical
facility.
``(ii) Civil enforcement.--If, after a
final determination under clause (i), the
Secretary determines that the covered chemical
facility to which the final determination
pertains is not in compliance with this title,
the Secretary shall proceed with civil
enforcement under section 2104(a)(1), as
appropriate.
``(2) Emergency or exigent circumstances.--The Secretary
shall not be required to comply with a request for an informal
consultation under paragraph (1) if the Secretary determines
that an emergency or exigent circumstance necessitates
immediate enforcement with respect to a covered chemical
facility under section 2104.''.
(b) Conforming Amendment.--Section 2104(a)(1) of the Homeland
Security Act of 2002 (6 U.S.C. 624(a)(1)) is amended, in the matter
preceding subparagraph (A), by striking ``If the Secretary'' and
inserting ``Subject to section 2102(f), if the Secretary''.
SEC. 18. PROTECTION AND SHARING OF INFORMATION.
Section 2103(f) of the Homeland Security Act of 2002 (6 U.S.C.
623(f)) is amended--
(1) in the subsection heading, by inserting ``and the
Comptroller General'' after ``Congress'';
(2) by inserting ``or the Comptroller General of the United
States'' before ``in response''; and
(3) by inserting ``or the Comptroller General,
respectively'' before the period at the end.
SEC. 19. CFATS REGULATIONS.
Section 2107(b) of the Homeland Security Act of 2002 (6 U.S.C.
627(b)) is amended--
(1) in paragraph (1), by inserting ``(Public Law 113-254;
128 Stat. 2919)'' after ``2014''; and
(2) in paragraph (2), by striking ``2014'' and inserting
``2020''.
SEC. 20. EMPLOYEE AWARENESS.
(a) In General.--Title XXI of the Homeland Security Act of 2002 (6
U.S.C. 621 et seq.), as amended by section 16 of this Act, is amended
by adding at the end the following:
``SEC. 2111. EMPLOYEE AWARENESS.
``Not later than 180 days after the date of enactment of the
Protecting and Securing Chemical Facilities from Terrorist Attacks Act
of 2020, the Secretary shall produce a poster--
``(1) 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 assets; and
``(2) that provides to the individuals described in
paragraph (1) information relating to--
``(A) reporting potential concerns under this
title; and
``(B) whistleblower protections under section
2105.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (Public Law 107-196;
116 Stat. 2135) is amended by inserting after the item relating to
section 2110 the following:
``Sec. 2111. Employee awareness.''.
SEC. 21. NOTIFICATION RELATING TO THE CHEMICAL FACILITY ANTI-TERRORISM
STANDARDS PROGRAM.
(a) In General.--Title XXI of the Homeland Security Act of 2002 (6
U.S.C. 621 et seq.), as amended by section 20 of this Act, is amended
by adding at the end the following:
``SEC. 2112. NOTIFICATION.
``(a) Definition.--In this section, the term `recipient' means any
facility to which a covered chemical facility sells or distributes a
chemical of interest.
``(b) Development and Provision of Notification Relating to the
Chemical Facility Anti-Terrorism Standards Program.--Not later than 30
days after the date of enactment of the Protecting and Securing
Chemical Facilities from Terrorist Attacks Act of 2020, the Secretary
shall develop a notification--
``(1) that each covered chemical facility may, in
consultation with the Secretary, provide to each recipient at
the time at which the covered chemical facility sells or
distributes a chemical of interest to the recipient; and
``(2) that is sufficient to, with respect to the recipient
described in paragraph (1)--
``(A) make the recipient aware of the Chemical
Facility Anti-Terrorism Standards Program; and
``(B) 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 recipient.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296;
116 Stat. 2135) is amended by inserting after the item relating to
section 2111 the following:
``Sec. 2112. Notification.''.
SEC. 22. BIDIRECTIONAL INFORMATION SHARING PLATFORM.
(a) In General.--Title XXI of the Homeland Security Act of 2002 (6
U.S.C. 621 et seq.), as amended by section 21 of this Act, is amended
by adding at the end the following:
``SEC. 2113. BIDIRECTIONAL INFORMATION SHARING PLATFORM.
``(a) In General.--Not later than 120 days after the date of
enactment of the Protecting and Securing Chemical Facilities from
Terrorist Attacks Act of 2020, the Secretary shall provide a secure
communications and information technology infrastructure, platform, or
other mechanism that allows covered chemical facilities to report, on a
voluntary basis, information on suspicious activities, including
threats posed by unmanned aircraft systems (as defined in section 44801
of title 49, United States Code).
``(b) Information Sharing With Federal Entities.--The Secretary
shall share information received under subsection (a) with appropriate
Federal entities to inform and support a common threat picture across
the Federal Government.
``(c) 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 facilities.
``(d) Platform Capabilities.--The Secretary shall ensure that the
secure communications and information technology infrastructure,
platform, or other mechanism established under subsection (a) is
designed to support data mining and other advanced analytic tools to
access, receive, and analyze data and information to facilitate the
reporting of the information described in subsection (a).
``(e) Existing Platform or Website.--The Secretary may maintain the
secure communications and information technology infrastructure or
platform required under subsection (a) 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 2020.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296;
116 Stat. 2135) is amended by inserting after the item relating to
section 2112 the following:
``Sec. 2113. Bidirectional information sharing platform.''.
SEC. 23. UPDATED RETROSPECTIVE ESTIMATE ON COSTS.
(a) Updated Retrospective Estimate on Costs.--Not later than 1 year
after the date of enactment of this Act, the Secretary shall complete a
retrospective estimate of the costs, including costs to the Government,
regulated entities, and the public, of carrying out the Chemical
Facility Anti-Terrorism Standards Program during the period beginning
on the first day of fiscal year 2006 and ending on the last day of
fiscal year 2020.
(b) Repeal.--Section 3 of the Protecting and Securing Chemical
Facilities from Terrorist Attacks Act of 2014 (Public Law 113-254; 128
Stat. 2917) is repealed.
SEC. 24. CFATS SECURITY HARMONIZATION WAIVER PROGRAM.
(a) In General.--Title XXI of the Homeland Security Act of 2002 (6
U.S.C. 621 et seq.), as amended by section 22 of this Act, is amended
by adding at the end the following:
``SEC. 2114. SECURITY HARMONIZATION WAIVER PROGRAM.
``(a) In General.--Subject to the regulations prescribed under
subsection (f), 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 title.
``(b) Procedures To Grant Waiver.--Not later than 180 days after
the date on which an owner or operator of a covered chemical facility
submits an application for a waiver under subsection (a), 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--
``(1) have the effect intended by the risk-based
performance standards to which the covered chemical facility is
subject under this title; or
``(2) are substantially equivalent to or exceed those risk-
based performance standards.
``(c) 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 (a) if the Secretary determines
that--
``(1) 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 comply;
``(2) following the administrative proceedings of the other
Federal regulatory program described in paragraph (1), the
covered chemical facility is determined to not be in compliance
with the security requirements of the other Federal regulatory
program, as demonstrated through inspections, audits, or other
supporting evidence by the Federal agency with jurisdiction for
enforcing the security requirements under the other Federal
regulatory program; or
``(3) during the 3-year period ending on the date on which
the owner or operator of the covered chemical facility submits
an application for the waiver, the covered chemical facility
has been found to be--
``(A) the subject of a civil or criminal
enforcement action brought by the other Federal
regulatory program; and
``(B) non-compliant with the regulatory
requirements under this title and the security mandates
of the other Federal regulatory program.
``(d) Waiver Duration.--
``(1) In general.--A waiver granted under subsection (b)
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 (1), (2), or (3) of
subsection (c).
``(2) Written verification.--A covered chemical facility
that is granted a waiver under subsection (b) shall, not later
than 18 months after the waiver is granted and every 18 months
thereafter, provide written verification to the Secretary that,
to the satisfaction of the Secretary, demonstrates the covered
chemical facility--
``(A) is in compliance with the security
requirements of the other Federal regulatory program;
and
``(B) has not been the subject of a civil or
criminal enforcement action brought by the another
Federal regulatory program.
``(e) Redress.--If the Secretary denies a waiver requested by an
owner or operator of a covered chemical facility under subsection (c)
or a waiver is determined to be no longer valid under subsection (d)--
``(1) the Secretary shall, not later than 90 days after the
date on which the application for a waiver is submitted or the
date on which the Secretary invalidates the waiver, provide the
owner or operator of the covered chemical facility a
justification for the denial or invalidation; and
``(2) the Secretary shall provide an opportunity for the
process of informal consultation relating to a preliminary
deficiency determination under section 2101.
``(f) Regulations.--
``(1) Interim regulations.--Not later than 1 year after the
date of enactment of the Protecting and Securing Chemical
Facilities from Terrorist Attacks Act of 2020, the Secretary
shall develop and issue interim final regulations, including
guidance as necessary, under which an owner or operator of a
covered chemical facility may apply to the Secretary for a
waiver under subsection (a).
``(2) Final regulations.--Not later than 2 years after
enactment of the Protecting and Securing Chemical Facilities
from Terrorist Attacks Act of 2020, and after consideration of
comments received in response to the interim final regulations,
the Secretary shall develop and issue a detailed final
regulation for the waiver program under this section.
``(g) GAO Review.--Not later than 3 years after the effective date
of the interim final regulation prescribed under subsection (f)(1), the
Comptroller General of the United States shall submit to the
appropriate congressional committees a report on the waiver program
under this section, including--
``(1) how effectively the Secretary has implemented the
waiver program under this section, and recommendations for
improvements;
``(2) the extent to which the waiver program under this
section has--
``(A) resulted in cost savings to the whole of the
Federal Government and covered chemical facilities; and
``(B) created any security improvements or
deficiencies at covered chemical facilities;
``(3) 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 27 of title 6, Code of Federal
Regulations, or any successor thereto, that are covered by the
security requirements of other Federal regulatory programs; and
``(4) any other issues as determined appropriate by the
Comptroller General.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296;
116 Stat. 2135) is amended by inserting after the item relating to
section 2113 the following:
``Sec. 2114. Security harmonization waiver program.''.
SEC. 25. IMPLEMENTATION PLAN AND REPORT TO CONGRESS.
(a) Implementation Plan.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall develop and submit to the
appropriate congressional committees an implementation plan that
describes how the Secretary plans to--
(1) aggregate, anonymize, and analyze data that the
Secretary collects under section 2102(e)(3)(B)(ii) of the
Homeland Security Act of 2002, as added by section 12 of this
Act;
(2) develop the lessons learned; and
(3) disseminate the lessons learned under section
2102(e)(4)(A)(ii) of the Homeland Security Act of 2002, as
added by section 13 of this Act.
(b) Report.--
(1) Initial report.--Not later than 2 years after the date
of enactment of this Act, the Secretary shall submit to the
appropriate congressional committees and the Comptroller
General of the United States a report that includes--
(A) a description of--
(i) the status of implementing the plan
developed under subsection (a);
(ii) the lessons learned as of the date on
which the Secretary submits the report; and
(iii) the system or medium used to
disseminate the lessons learned under section
2102(e)(4)(A)(ii) of the Homeland Security Act
of 2002, as added by section 13 of this Act;
(B) a detailed summary of--
(i) the reports and other information
generated under section 2102(e)(3) of the
Homeland Security Act of 2002 (6 U.S.C.
623(e)(3)), as amended by this Act; and
(ii) the lessons learned developed and
disseminated under section 2102(e)(4) of the
Homeland Security Act of 2002, as added by
section 13 of this Act; and
(C) to the extent feasible, information relating
to, with respect to covered chemical facilities and
chemical facilities of interest that implemented the
lessons learned developed and disseminated under
section 2102(e)(4) of the Homeland Security Act of
2002, as added by section 13 of this Act--
(i) actions taken by the covered chemical
facilities and chemical facilities of interest
to implement the lessons learned; and
(ii) results produced because the covered
chemical facilities and chemical facilities of
interest implemented the lessons learned.
(2) Annual updates.--
(A) In general.--Not later than 1 year after the
date on which the Secretary submits the initial report
under paragraph (1), and annually thereafter, the
Secretary shall submit to the appropriate congressional
committees a report that includes, with respect to the
period for which the report is submitted--
(i) information relating to--
(I) each change to the lessons
learned made during that period, and
the basis for the change;
(II) 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 learned;
(III) the impact the dissemination
of the lessons learned has had on the
effectiveness of the Chemical Facility
Anti-Terrorism Standards Program during
that period; and
(ii) the information described in
subparagraphs (B) and (C) of paragraph (1).
(B) Obtaining information.--In obtaining
information from covered chemical facilities and
chemical facilities of interest under subparagraph (A),
the Secretary shall create, subject to approval from
the Director of the Office of Management and Budget, a
voluntary feedback survey.
SEC. 26. EFFECTIVE DATE.
This Act, and the amendments made by this Act, shall take effect on
the date that is 30 days after the date of enactment of this Act.
SEC. 27. TERMINATION.
(a) In General.--The authority provided under title XXI of the
Homeland Security Act of 2002 (6 U.S.C. 621 et seq.), as amended by
this Act, shall terminate on the date that is 5 years after the
effective date of this Act.
(b) Conforming Repeals.--
(1) Protecting and securing chemical facilities from
terrorist attacks act of 2014.--Section 5 of the Protecting and
Securing Chemical Facilities from Terrorist Attacks Act of 2014
(Public Law 113-254; 6 U.S.C. 621 note) is repealed.
(2) Chemical facility anti-terrorism standards program
extension act.--The Chemical Facility Anti-Terrorism Standards
Program Extension Act (Public Law 116-2; 133 Stat. 5) is
repealed.
SEC. 28. TECHNICAL AND CONFORMING AMENDMENT.
The table of contents in section 1(b) of the Homeland Security Act
of 2002 (Public Law 107-196; 116 Stat. 2135) is amended, in the item
relating to section 2103, by striking the em dash at the end.
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