Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2019
This bill reauthorizes the Department of Homeland Security's (DHS) Chemical Facility Anti-Terrorism Standards (CFATS) program until May 1, 2025. The CFATS program requires chemical facilities to assess and address their threat vulnerabilities.
The bill requires DHS to (1) verify information submitted by a covered chemical facility prior to assigning such facility a lower risk tier or determining that it no longer presents a high level of security risk, and (2) develop a voluntary program for chemical facilities to address potential security risks.
DHS shall, among other things (1) provide for an annual review of a facility's compliance with its emergency response plan; (2) make necessary information available to state, local, and regional fusion centers and state and local government officials to ensure that emergency response providers are prepared; (3) establish a Chemical Security Advisory Committee to advise DHS on the implementation of this bill; and (4) study how to improve training and support for local emergency response providers in areas with high concentrations of covered facilities in how to respond to a terrorist attack on a chemical facility.
The Cybersecurity and Infrastructure Security Agency shall (1) conduct a review of potential effects of attacks on covered chemical facilities or other critical infrastructure, and (2) establish a secure communications and information technology infrastructure or platform that allows facility owners and operators to voluntarily report on emerging threats.
The Government Accountability Office shall evaluate the effectiveness of DHS risk-based performance standards.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3256 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 3256
To amend the Homeland Security Act of 2002 to reauthorize and improve
the Chemical Facility Anti-Terrorism Standards Program, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 13, 2019
Mr. Richmond (for himself and Mr. Thompson of Mississippi) introduced
the following bill; which was referred to the Committee on Homeland
Security, and in addition to the Committee on Energy and Commerce, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To amend the Homeland Security Act of 2002 to reauthorize and improve
the Chemical Facility Anti-Terrorism Standards Program, and for other
purposes.
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.
(a) Short Title.--This Act may be cited as the ``Protecting and
Securing Chemical Facilities from Terrorist Attacks Act of 2019''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Chemical Facility Anti-Terrorism Standards Program.
Sec. 4. Protection and sharing of information.
Sec. 5. Civil enforcement.
Sec. 6. Whistleblower protection.
Sec. 7. Chemical Security Advisory Committee.
Sec. 8. Implementation plan and report to Congress.
Sec. 9. Study on risks posed by excluded facilities.
Sec. 10. Study on feasibility of waiver program.
Sec. 11. Comptroller General reports.
Sec. 12. Voluntary mechanism for reporting drones and other emerging
threats.
Sec. 13. Regulations regarding specific products and mixtures
containing chemicals of interest.
Sec. 14. Termination.
SEC. 2. DEFINITIONS.
Section 2101 of the Homeland Security Act of 2002 (6 U.S.C. 621) is
amended--
(1) in paragraph (4)(E), by striking ``subject to
regulation'' and inserting ``regulated'';
(2) in paragraph (5)--
(A) in subparagraph (A), by striking ``that is in
effect on the day before the date of enactment of the
Protecting and Securing Chemical Facilities from
Terrorist Attacks Act of 2014;'' and inserting ``or
this title''; and
(B) in subparagraph (B), by striking ``that is in
effect on the day before the date of enactment of the
Protecting and Securing Chemical Facilities from
Terrorist Attacks Act of 2014;'' and inserting ``or
this title'';
(3) by striking paragraphs (6), (7), and (8); and
(4) by redesignating paragraphs (9) through (14) as
paragraphs (6) through (11), respectively.
SEC. 3. CHEMICAL FACILITY ANTI-TERRORISM STANDARDS PROGRAM.
(a) Additional CFATS Program Requirement.--Section 2102(a)(2) of
such Act (6 U.S.C. 622) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period and
inserting a semicolon; and
(3) by adding at the end the following new subparagraphs:
``(E) verify information submitted by a covered
chemical facility prior to assigning such facility a
lower risk tier or determining that such facility no
longer presents a high level of security risk; and
``(F) develop a voluntary program for chemical
facilities to address potential security risks at such
facilities.''.
(b) Employee Input Regarding Security Measures.--Paragraph (2) of
subsection (b) of section 2102 of such Act (6 U.S.C. 622) is amended to
read as follows:
``(2) Employee consultation and awareness.--
``(A) Employee consultation requirement.--A
facility's security vulnerability assessment and site
security plan shall be developed in consultation with--
``(i) at least one facility employee, in
addition to the facility security officer or
other individual who serves as a point of
contact under section 27.230(a)(17) of title 6,
Code of Federal Regulations, and the
corresponding guidance issued under section
27.220(d) of such title, or any successor
thereto, who possesses relevant knowledge,
experience, training, or education pertaining
to matters of site security; and
``(ii) in the case of a facility where
facility employees are represented by a
bargaining agent, at least one employee
representative who--
``(I) is selected by the bargaining
agent at that facility; and
``(II) has relevant knowledge,
experience, training, or education
pertaining to matters of site security.
``(B) Record of employee consultation.--A covered
chemical facility shall maintain a written record of
the employee consultation required by subparagraph (A),
including a record of--
``(i) the name of the employee with whom
the facility security officer or other similar
official consulted;
``(ii) how often and when such consultation
took place;
``(iii) what mechanisms the facility used
to capture feedback; and
``(iv) any recommendations that were
offered, accepted, or rejected as part of the
security vulnerability assessment or site
security plan.
``(C) Access to employees.--Each owner or operator
of a covered chemical facility shall, upon request,
provide to an employee of the Department engaged in
carrying out audits and inspections of such facility
access to any employee who participated in the
development of the facility's security vulnerability
assessment and site security plan.
``(D) Employee awareness.--The Secretary shall
produce a poster for display in areas of covered
chemical facilities and chemical facilities of interest
shall be required to display that are accessible to
facility employees to inform employees of the facility
about program requirements under this title and the
whistleblower protections provided under section
2105.''.
(c) Site Security Plans.--
(1) Disapproval.--Subsection (c)(1)(B) of section 2102 of
such Act (6 U.S.C. 622) is amended--
(A) in clause (i), by striking ``and'' at the end;
and
(B) by amending clause (ii) to read as follows:
``(ii) shall disapprove a site security
plan if--
``(I) the plan fails to satisfy the
risk-based performance standards
established pursuant to subsection
(a)(2)(C); or
``(II) the plan fails to include
the name, organizational affiliation,
and phone number of a local emergency
manager or local emergency response
provider and a documented policy to
contact the local emergency manager or
local emergency response provider at
least annually regarding emergency
response procedures at the facility.''.
(2) Assessments.--Paragraph (3) of subsection (c) of such
section is amended to read as follows:
``(3) Site security plan assessments.--In approving or
disapproving a site security plan under this subsection, the
Secretary shall--
``(A) employ the risk assessment policies and
procedures developed under this title; and
``(B) confirm that the covered chemical facility
has complied with the employee consultation
requirements in paragraph (2) of subsection (b),
including by reviewing and recording compliance with
the record-keeping requirements under subparagraph (B)
of that paragraph.''.
(d) Elimination of Expedited Approval Program.--Section 2102(c) of
such Act (6 U.S.C. 622) is amended by striking paragraph (4).
(e) Audits and Inspections.--
(1) Authority to conduct.--Subparagraph (B) of paragraph
(1) of subsection (d) of section 2102 of such Act (6 U.S.C.
622) is amended by striking ``under this title using'' and
inserting ``at chemical facilities of interest and covered
chemical facilities and shall obtain information and records to
ensure compliance with this title. Such audits and inspections
shall be conducted using''.
(2) Reporting structure.--Subparagraph (D) of such
paragraph is amended--
(A) in clause (i), by inserting ``, or any
successor organization that implements the requirements
of subsection (a)(2),'' after ``Department''; and
(B) in clause (ii), by inserting ``, or any
successor organization that implements the requirements
of subsection (a)(2),'' after ``Department''.
(3) Standards for auditors and inspectors.--Subparagraph
(E) of such paragraph is amended--
(A) in the matter preceding clause (i)--
(i) by striking ``The Secretary'' and
inserting ``For each individual responsible for
carrying out audits or inspections on behalf of
the Secretary, the Secretary'';
(ii) by inserting ``to ensure such
individuals receive'' before ``the training'';
and
(iii) by striking ``and retraining of each
individual used by the Department as an auditor
or inspector, including each individual
employed by the Department and all
nondepartmental or nongovernmental personnel''
and inserting ``, continuing education, and
other professional development tools necessary
to carry out duties and responsibilities''; and
(B) in clause (i), by striking ``requirements'' and
inserting ``necessary to audit and inspect compliance
with all aspects of the risk-based performance
standards, including standards related to
cybersecurity,''.
(4) Emergency response plans.--Such subsection is further
amended by adding at the end the following new paragraph:
``(4) Audit of emergency response plan.--As part of the
audit and inspection process under this subsection, the
Secretary shall provide for an annual review of the compliance
of a chemical facility with the requirements under subsection
(c)(1)(B)(ii)(B) and the adherence of the facility to the
emergency response requirements under such subsection.''.
(f) Risk Assessment.--Section 2102(e) of such Act (6 U.S.C. 622(e))
is amended--
(1) in paragraph (2)(B)--
(A) in the matter preceding clause (i), by
inserting ``and other malicious acts'' after
``terrorism''; and
(B) in clause (ii), by striking ``severe economic
consequences and the potential loss of human life in
the event of the facility being subject to attack,
compromise, infiltration, or exploitation by
terrorists'' and inserting ``consequences in event of
the facility being subject to attack, compromise,
infiltration, or the exploitation of chemicals of
interest by a terrorist or other malicious actor'';
(2) 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 new clause (i):
``(i) the Secretary determines that a
chemical facility of interest does not present
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)--
(i) by striking ``information on'' and all
that follows and inserting ``information on--
''; and
(ii) by adding at the end the following
clauses:
``(i) how the Secretary confirmed the
information that was the basis for the change
or determination described in subparagraph (A);
and
``(ii) actions taken or practices employed
by the facility to reduce or remove terrorism-
related chemical security risks, where
applicable.''; and
(C) by adding at the end the following new
subparagraph:
``(C) Treatment of certain information.--For the
purposes of subsection (a) of section 2103--
``(i) information described in subparagraph
(B)(i) shall be given protections from public
disclosure under such subsection; and
``(ii) information described in
subparagraph (B)(ii) shall not be given
protections from public disclosure under such
subsection.'';
(3) by redesignating paragraph (4) as paragraph (6);
(4) by inserting after paragraph (3) the following new
paragraphs:
``(4) Sharing information with emergency response
providers.--
``(A) In general.--The Secretary shall make
available to State, local, and regional fusion centers
(as that term is defined in section 210A(j)(1) of this
Act) and State and local government officials such
information as the Secretary determines necessary to
ensure that emergency response providers are prepared
and provided with the situational awareness needed to
respond to security incidents at covered chemical
facilities.
``(B) Dissemination.--The Secretary shall
disseminate information under subparagraph (A) to
individuals identified and entities described in such
subparagraph in a secure and expeditious manner.
``(5) Practices that may reduce chemical security risks.--
``(A) In general.--Based on the information
maintained under paragraph (3)(B)(ii) regarding actions
taken or practices employed by chemical facilities of
interest to successfully reduce or remove terrorism-
related chemical security risks, the Secretary shall
develop voluntary, publicly available practices that
could be used to guide other facility owners and
operators in preventing, reducing, and mitigating
chemical security risks.
``(B) Treatment of sensitive information.--In
developing and disseminating practices under
subparagraph (A), the Secretary shall protect from
public disclosure all information described in section
2103(a).''; and
(5) in paragraph (6), as redesignated by paragraph (3) of
this subsection--
(A) in subparagraph (B)(i)--
(i) in subclause (aa), by striking ``or''
at the end;
(ii) in subclause (bb), by striking ``and''
and inserting ``or''; and
(iii) by adding at the end the following
new subclause:
``(cc) determined that a chemical
facility of interest did not present a
high level of risk; and'';
(B) by amending subparagraph (C) to read as
follows:
``(C) for the period beginning on the date that is
one year before the date of the enactment of the
Protecting and Securing Chemical Facilities from
Terrorist Attacks Act of 2019 and ending on the date of
the enactment of such Act, the average length of time
required to--
``(i) review and approve site security
plans or alternative security programs for
covered chemical facilities;
``(ii) ensure a facility has achieved full
implementation of planned security measures;
and
``(iii) conduct a compliance inspection,
including the average length of time inspectors
spend on an individual compliance
inspection;'';
(C) in subparagraph (E), by striking ``and'' at the
end;
(D) by redesignating subparagraph (F) as
subparagraph (I); and
(E) by inserting after subparagraph (E) the
following new subparagraphs:
``(F) a detailed summary of reports and other
information generated under paragraph (3) regarding
facilities that receive a change in tier or that are
determined not to present a high level of security
risk;
``(G) a detailed summary of practices identified
and disseminated under such paragraph;
``(H) actions taken and results produced in
implementing the practices, to the extent feasible;
and''.
(g) Specific Products and Mixtures.--Such section (6 U.S.C. 622) is
further amended by adding at the end the following new subsection:
``(f) Specific Products and Mixtures Containing Chemicals of
Interest.--The Secretary may exclude a specific product or mixture that
contains a chemical of interest at or above the minimum concentration
listed on Appendix A to part 27 of title 6, Code of Federal
Regulations, or any successor thereto, from any reporting requirements
under this section if the Secretary determines that the product or
mixture does not present a risk for which the chemical of interest
contained within the product or mixture was included on Appendix A.''.
SEC. 4. PROTECTION AND SHARING OF INFORMATION.
(a) In General.--Section 2103(a) of the Homeland Security Act of
2002 (6 U.S.C. 623(a)) is amended--
(1) by inserting ``with respect to information in the
possession of the Department, the Secretary shall protect''
after ``any other provision of law,'';
(2) by striking ``information,'';
(3) by striking the comma after ``records''; and
(4) by striking ``shall be given protections''.
(b) Authorized Recipients.--Such section is further amended--
(1) by striking subsections (b), (c), and (f);
(2) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively; and
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) Authorized Recipients of Information.--
``(1) In general.--Upon request, the Secretary shall make
available information protected pursuant to subsection (a), to
the following recipients:
``(A) State, local, and regional fusion centers (as
that term is defined in section 210A(j)(i) of this Act)
and State and local government officials, including law
enforcement and emergency response providers.
``(B) Members of Congress.
``(C) Members of the Chemical Security Advisory
Committee under section 2010 of this Act.
``(D) The Comptroller General of the United States.
``(2) Nondepartmental information.--Information is not
protected pursuant to subsection (a) if it is--
``(A) not in the possession of the Department;
``(B) developed under this title but has been
previously produced or developed for other purposes;
and
``(C) is already publicly available, readily
discoverable, or otherwise lawfully disclosed.''.
SEC. 5. CIVIL ENFORCEMENT.
Section 2104 of the Homeland Security Act of 2002 (6 U.S.C. 624) is
amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A)(i), by striking ``14 days
after date on which'' and inserting ``three days after
the date on which''; and
(B) in subparagraph (B), by striking ``180 days''
and inserting ``30 days'';
(2) in subsection (b)(2), by inserting ``section
2102(a)(2)(B) or any requirement issued by the Secretary
thereunder'' after ``comply with'';
(3) in subsection (c), by inserting ``or other malicious
act'' after ``terrorist incident''; and
(4) in subsection (d), by inserting ``, except as provided
in section 2105(a)(5) regarding whistleblower retaliation''
before the period at the end.
SEC. 6. WHISTLEBLOWER PROTECTION.
Section 2105 of the Homeland Security Act of 2002 (6 U.S.C. 625) is
amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``Not later than
180 days after the date of enactment of the Protecting
and Securing Chemical Facilities from Terrorist Attacks
Act of 2014, the Secretary'' and inserting ``The
Secretary'';
(B) by amending paragraph (2) to read as follows:
``(2) Confidentiality.--
``(A) In general.--Except as provided in
subparagraph (B), in the absence of the written consent
of an individual who submits a report under paragraph
(1)--
``(i) the Secretary shall keep confidential
the identity of and any identifying information
relating to that individual; and
``(ii) any such report shall be subject to
the protections on information under section
2103 of this Act to the extent that the report
does not consist of publicly available
information.
``(B) Notice.--In a case in which it is necessary
to disclose the identity of or any identifying
information relating to an individual who submits a
report under paragraph (1) because it is essential to
investigate the information contained in the report or
because of compulsory legal process, the Secretary
shall provide timely advance notice to the individual
of such disclosure.'';
(C) by amending paragraph (3) to read as follows:
``(3) Response to reports.--If a report submitted under
paragraph (1) contains information identifying the individual
making the report, the Secretary, or the designee of the
Secretary shall, by not later than 15 days after the date on
which the report is received, respond to the individual
directly and acknowledge receipt of the report.'';
(D) in paragraph (5)--
(i) by amending subparagraph (C) to read as
follows:
``(C) Opportunity for review.--In any action under
paragraph (4) that is based on information received
under the procedure established under paragraph (1),
the Secretary shall provide for review of the action if
a petition for review is filed within 20 calendar days
of the date of issuance of the order for the action.'';
and
(ii) in subparagraph (D)--
(I) by striking ``unless the
Secretary determines'' and inserting
``, except that the Secretary may
provide for a 30-day extension if the
Secretary determines'';
(II) by striking ``that the
violation providing a basis for the
action continues to exist.'' and
inserting ``that--''; and
(III) by adding at the end the
following new clauses:
``(i) the violation providing a basis for
the action continues to exist; or
``(ii) such period is insufficient to
complete the review of the action.''; and
(E) in paragraph (6)--
(i) in subparagraph (A)--
(I) by striking ``discharge an
employee or otherwise discriminate
against an employee with respect to the
compensation provided to, or terms,
conditions, or privileges of the
employment of, the employee because the
employee (or an individual acting
pursuant to a request of the employee)
submitted a report under paragraph
(1).'' and inserting ``discharge an
employee or otherwise discriminate
against an employee or former employee
with respect to the compensation
provided to, or terms, conditions, or
privileges associated with current or
past employment of, the employee or
former employee because the employee or
former employee (or an individual
acting pursuant to a request of the
employee or former employee) submitted
a report under paragraph (1).'';
(ii) in subparagraph (B), in the matter
preceding clause (i), by--
(I) inserting ``or former
employee'' after ``An employee''; and
(II) inserting ``or former employee
(or an individual acting pursuant to a
request of the employee or former
employee)'' after ``the employee''; and
(iii) by adding at the end the following
new subparagraph:
``(C) Procedure and remedy.--
``(i) In general.--The Secretary shall
establish a procedure for the review and
investigation of complaints of reprisals
prohibited under subparagraph (A) and for
remedies for violations of such subparagraph.
``(ii) Judicial remedies.--Nothing in this
title shall be construed to deny an individual
who submits a complaint for any reprisal
prohibited under subparagraph (A) from seeking
a judicial remedy against the owner or operator
of the chemical facility of interest as long as
the individual has exhausted administrative
remedies.''; and
(2) by striking subsection (d).
SEC. 7. CHEMICAL SECURITY ADVISORY COMMITTEE.
(a) 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 new
section:
``SEC. 2110. CHEMICAL SECURITY ADVISORY COMMITTEE.
``(a) Establishment.--The Secretary shall establish a standing
Chemical Security Advisory Committee to advise the Secretary on the
implementation of this title.
``(b) Membership.--
``(1) In general.--The Advisory Committee shall be
comprised of 12 members selected by the Secretary, which shall
include at least one individual who is a multi-disciplinary
stakeholder with scientific or other expertise representing
each of the following:
``(A) Industry.
``(B) Academia.
``(C) Labor.
``(D) Emergency response providers.
``(E) Local emergency planners.
``(F) Environmental, community, or public health
advocates, particularly for communities with high
concentrations of covered chemical facilities.
``(G) Cybersecurity and information policy.
``(2) Terms.--Each member shall be appointed for an initial
term of three years and may be reappointed for one additional
three-year term.
``(3) Chair.--The Committee shall have a chair, who shall
be selected by the members of the Committee.
``(4) Pay.--Members shall serve without pay.
``(5) Quorum.--A majority of members of the Advisory
Committee shall constitute a quorum but a lesser number may
hold hearings.
``(c) Subcommittees.--The Advisory Committee may establish
subcommittees to assesses and recommend improvements to the risk
tiering methodology for chemical facilities, the risk-based performance
standards for chemical facilities, risk reduction strategies, and other
aspects of the program under this title as the Secretary determines
appropriate.
``(d) Information Protection.--Members of Advisory Committee shall
maintain information protections pursuant to section 2103 of this Act.
Any member who needs to access classified information to carry out
assessments and recommendations for improving the risk tiering
methodology for chemical facilities shall have an appropriate security
clearance.
``(e) Annual Report.--Not later than January 30 each year, the
chair shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and to the Committee on Homeland
Security and the Committee on Energy and Commerce of the House of
Representatives a report on the activities of the Committee during the
year preceding the year during which the report is submitted.
``(f) Applicability of FACA.--The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Committee established under this
section.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting after the item relating to section
2109 the following new item:
``2110. Chemical Security Advisory Committee.''.
SEC. 8. IMPLEMENTATION PLAN AND REPORT TO CONGRESS.
(a) Implementation Plan.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Homeland Security shall
develop, and submit to Congress, an implementation plan outlining how
the Secretary plans to--
(1) aggregate, anonymize, and analyze data collected from
covered chemical facilities or chemical facilities of interest
to identify practices that such facilities have employed to
successfully reduce or remove terrorism-related chemical
security risks;
(2) develop voluntary, publicly available, practices based
on such data, which may be updated as necessary, to guide
facility owners and operators in preventing, reducing, and
managing security risks; and
(3) disseminate such practices to chemical facility owners
and operators through an appropriate medium or system,
including by making such practices available to the public to
the greatest extent practicable.
(b) Report.--
(1) Initial report.--Not later than two years after the
date of the enactment of this Act, the Secretary shall submit
to Congress a report on the status of implementation plan
required under subsection (a), a description of the voluntary,
publicly available, practices identified, and the system or
medium used to disseminate such practices to chemical facility
owners and operators.
(2) Annual updates.--Not later than one year after the
submission of the report required under paragraph (1), and
annually thereafter, the Secretary shall submit to Congress
information on changes to the voluntary practices information
disseminated and bases for such changes, information on
feedback collected from facility owners and operators regarding
the extent to which voluntary practices were adopted, and
information on what impact the dissemination of voluntary
practices have had on the effectiveness of the program.
SEC. 9. STUDY ON RISKS POSED BY EXCLUDED FACILITIES.
(a) Study Required.--The Secretary of Homeland Security shall enter
into an agreement with a non-Department of Homeland Security entity for
the conduct of an independent assessment of--
(1) the implications for national security and homeland
security of exempting from regulation under title XXI of the
Homeland Security Act of 2002 (6 U.S.C. 621 et seq.) excluded
facilities, as such term is defined in section 2101(4) of such
Act;
(2) the implications for such excluded facilities of
exempting such facilities from regulation; and
(3) the implications of exempting such facilities from
regulation for the communities located in the same geographic
areas as such facilities.
(b) Report to Congress.--Not later than 16 months after entering
into an agreement under subsection (a), the Secretary of Homeland
Security shall submit to the appropriate congressional committees a
report that includes the findings and recommendations of the
independent assessment required by subsection (a).
(c) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(2) the Committee on Homeland Security and the Committee on
Energy and Commerce of the House of Representatives.
SEC. 10. STUDY ON FEASIBILITY OF WAIVER PROGRAM.
(a) Study Required.--The Secretary of Homeland Security shall
conduct a study to assess the feasibility and desirability of
establishing a process under which certain chemical facilities, as
determined by the Secretary, may apply to for a waiver of certain
regulatory requirements under title XXI of the Homeland Security Act of
2002 (6 U.S.C. 621 et seq.) upon showing that--
(1) the requirements under such title are covered, to the
same extent and in the same manner, under another Federal
regulatory program;
(2) the facility is in full and complete compliance with
such other Federal regulatory program, as shown through timely
scheduled inspections, audits, and other supporting evidence;
and
(3) the facility has not, during the five-year period
preceding the date on which a waiver is requested, been subject
to an enforcement action brought by the Federal regulator
overseeing such regulatory program or been found to be
noncompliant with any aspect of such regulatory program.
(b) Report to Congress.--Not later than two years after the date of
the enactment of this Act, the Secretary of Homeland Security shall
submit to the appropriate congressional committees a report that
includes detailed findings regarding the establishment of the process
described in subsection (a) and, if appropriate, recommendations for
implementation.
(c) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(2) the Committee on Homeland Security and the Committee on
Energy and Commerce of the House of Representatives.
SEC. 11. REVIEW OF POTENTIAL EFFECTS OF ATTACKS ON COVERED CHEMICAL
FACILITIES ON OTHER CRITICAL INFRASTRUCTURE.
(a) Review Required.--The Director of the Cybersecurity and
Infrastructure Security Agency shall--
(1) conduct a review of the risk assessment approach and
corresponding tiering methodology for covered chemical
facilities required pursuant to section 2102(e)(2) of the
Homeland Security Act of 2002, as amended by this Act, and
assess the extent to which the approach and tiering methodology
takes into account--
(A) the nature of the area surrounding the chemical
facility, the presence of nearby facilities or other
critical infrastructure, and other features of the
community that could contribute to the consequences of
a terrorist attack or exploitation of chemicals of
interest; and
(B) the potential effects on the health and
economic conditions of communities disproportionately
vulnerable to the consequences of a terrorist attack or
exploitation of chemicals of interest; and
(2) develop a plan to ensure that when the tiering
methodology is next updated, the nature of the surrounding
area, the presence of nearby facilities or other critical
infrastructure, and other features of the community that could
contribute to the consequences of a terrorist attack or
exploitation of chemicals of interest and impacts on
communities disproportionately vulnerable to the consequences
of a terrorist attack or exploitation of chemicals of interest
are better integrated.
(b) Report to Congress.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Director shall submit to the
appropriate congressional committees a report on the review and
plan required under subsection (a).
(2) Appropriate congressional committees.--In this section,
the term ``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(B) the Committee on Homeland Security and the
Committee on Energy and Commerce of the House of
Representatives.
SEC. 12. COMPTROLLER GENERAL REPORTS.
(a) Evaluation of Effectiveness of Risk-Based Performance
Standards.--
(1) Study and report.--Not later than 18 months after the
date of the enactment of this Act, the Comptroller General of
the United States shall conduct a study and submit to the
appropriate congressional committees a report on the
effectiveness of the risk-based performance standards used by
the Department of Homeland Security under title XXI of the
Homeland Security Act of 2002 (6 U.S.C. 621 et seq.) in
protecting businesses, employees, the economy, the public, and
national security against existing and evolving threats of
concern.
(2) Contents of report.--The report required by paragraph
(1) shall address--
(A) the sufficiency of security risk determinations
and countermeasures under title XXI of the Homeland
Security Act of 2002 (6 U.S.C. 621 et seq.); and
(B) the need for revised or additional methods to
address evolving security risks.
(b) Evaluation of Information Management.--Not later than one year
after the date of the enactment of this Act, the Comptroller General of
the United States shall conduct a study and submit to the appropriate
congressional committees a report on--
(1) how the Secretary of Homeland Security documents,
maintains, and uses information on tiering changes pursuant to
section 2102(e)(3) of the Homeland Security Act of 2002 (6
U.S.C. 622(e)(3)); and
(2) how management, maintenance, utility, and use of the
information could be improved to better identify and
disseminate practices to reduce chemical security risks.
(c) Evaluation of Practices To Reduce Chemical Security Risks.--Not
later than 18 months after the date of the enactment of this Act, the
Comptroller General of the United States shall submit to the
appropriate congressional committees a report on the effectiveness of
the development and distribution by the Secretary of Homeland Security
of practices to address chemical security risks and of any actions
taken or results produced in response to such practices.
(d) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(2) the Committee on Homeland Security and the Committee on
Energy and Commerce of the House of Representatives.
SEC. 13. VOLUNTARY MECHANISM FOR REPORTING DRONES AND OTHER EMERGING
THREATS.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Homeland Security, acting
through the Director of the Cybersecurity and Infrastructure Security
Agency, shall establish a secure communications and information
technology infrastructure or platform that allows facility owners and
operators to report, on a voluntary basis, information on emerging
threats, including terrorism threats posed by unmanned aircraft systems
(as defined in section 331(9) of the FAA Modernization and Reform Act
of 2012 (Public Law 112-95; 49 U.S.C. 40101 note)) to covered chemical
facilities.
(b) Platform Capabilities.--The Secretary shall ensure that the
secure communications and information technology infrastructure or
platform established pursuant to 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).
SEC. 14. REGULATIONS REGARDING SPECIFIC PRODUCTS AND MIXTURES
CONTAINING CHEMICALS OF INTEREST.
Not later than one year after the date of the enactment of this
Act, the Secretary of Homeland Security shall prescribe regulations to
enact a process through which the Secretary can be petitioned to
exclude a product or mixture under subsection (f) of section 2102 of
the Homeland Security Act, as added by section 3. In collecting
information from petitioners under such subsection, the Secretary shall
not be subject to subchapter I of chapter 35 of title 44, United States
Code, or section 553 of title 5, United States Code.
SEC. 15. PREVIOUSLY APPROVED FACILITIES.
In the case of a chemical facility that is a covered chemical
facility under title XXI of the Homeland Security Act of 2002 for which
the Secretary of Homeland Security approved a site security plan under
such title before the date of enactment of this Act, the Secretary
shall not require the facility to resubmit the site security plan
solely by reason of the enactment of this Act or the amendments made by
this Act.
SEC. 16. TERMINATION.
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 amended by striking ``the date that is 4 years after the effective
date of this Act'' and inserting ``May 1, 2025''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Homeland Security, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Homeland Security, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Environment and Climate Change.
Referred to the Subcommittee on Cybersecurity, Infrastructure Protection, and Innovation.
Subcommittee on Cybersecurity, Infrastructure Protection, and Innovation Discharged.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by the Yeas and Nays: 14 - 12.
Reported (Amended) by the Committee on Homeland Security. H. Rept. 116-341, Part I.
Reported (Amended) by the Committee on Homeland Security. H. Rept. 116-341, Part I.
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Committee on Energy and Commerce discharged.
Committee on Energy and Commerce discharged.
Placed on the Union Calendar, Calendar No. 427.