IB 

Union Calendar No. 427 

116TH CONGRESS 

2D SESSION H. R. 3256 

[Report No. 116–341, Part I] 

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 

DECEMBER 12, 2019 

Reported from the Committee on Homeland Security with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

SEPTEMBER 21, 2020 

Committee on Energy and Commerce discharged; committed to the Committee 

of the Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on June 13, 2019] 


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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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the ‘‘Pro5 tecting and Securing Chemical Facilities from Terrorist At6 tacks Act of 2019’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 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. Review of tiering methodology. 

Sec. 12. Comptroller General reports. 

Sec. 13. Voluntary mechanism for reporting drones and other emerging threats. 

Sec. 14. Regulations regarding specific products and mixtures containing chemicals of interest. 

Sec. 15. Voluntary program. 

Sec. 16. Study on local emergency response capacity to respond to chemical security incidents. 

Sec. 17. Previously approved facilities. 

Sec. 18. Termination. 

9 SEC. 2. DEFINITIONS. 

10 Section 2101 of the Homeland Security Act of 2002 

11 (6 U.S.C. 621) is amended— 

12 (1) in paragraph (4)(E), by striking ‘‘subject to 

13 regulation’’ and inserting ‘‘regulated’’; 

14 (2) in paragraph (5)— 

15 (A) in subparagraph (A), by striking ‘‘that 

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1 ment of the Protecting and Securing Chemical 

2 Facilities from Terrorist Attacks Act of 2014;’’ 

3 and inserting ‘‘or this title’’; and 

4 (B) in subparagraph (B), by striking ‘‘that 

5 is in effect on the day before the date of enact6 ment of the Protecting and Securing Chemical 

7 Facilities from Terrorist Attacks Act of 2014;’’ 

8 and inserting ‘‘or this title’’; 

9 (3) by striking paragraphs (6), (7), and (8); and 

10 (4) by redesignating paragraphs (9) through (14) 

11 as paragraphs (6) through (11), respectively. 

12 SEC. 3. CHEMICAL FACILITY ANTI-TERRORISM STANDARDS 

13 PROGRAM. 

14 (a) ADDITIONAL CFATS PROGRAM REQUIREMENT.— 

15 Section 2102(a)(2) of such Act (6 U.S.C. 622) is amended— 

16 (1) in subparagraph (C), by striking ‘‘and’’ at 

17 the end; 

18 (2) in subparagraph (D), by striking the period 

19 and inserting ‘‘; and’’ ; and 

20 (3) by adding at the end the following new sub21 paragraph: 

22 ‘‘(E) verify information submitted by a cov23 ered chemical facility prior to assigning such fa24 cility a lower risk tier or determining that such 


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1 facility no longer presents a high level of security 

2 risk.’’. 

3 (b) EMPLOYEE INPUT REGARDING SECURITY MEAS4 URES.—Paragraph (2) of subsection (b) of section 2102 of 

5 such Act (6 U.S.C. 622) is amended to read as follows: 

6 ‘‘(2) EMPLOYEE CONSULTATION AND AWARE7 NESS.— 

8 ‘‘(A) EMPLOYEE CONSULTATION REQUIRE9 MENT.—A facility’s security vulnerability assess10 ment and site security plan shall be developed in 

11 consultation with— 

12 ‘‘(i) at least one facility employee, in 

13 addition to the facility security officer or 

14 other individual who serves as a point of 

15 contact under section 27.230(a)(17) of title 

16 6, Code of Federal Regulations, and the cor17 responding guidance issued under section 

18 27.220(d) of such title, or any successor 

19 thereto, who possesses relevant knowledge, 

20 experience, training, or education per21 taining to matters of site security. 

22 ‘‘(ii) in the case of a facility where fa23 cility employees are represented by a bar24 gaining agent, at least one employee rep25 resentative who— 


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1 ‘‘(I) is selected by the bargaining 

2 agent at that facility; and 

3 ‘‘(II) has relevant knowledge, ex4 perience, training, or education per5 taining to matters of site security. 

6 ‘‘(B) RECORD OF EMPLOYEE CONSULTA7 TION.—A covered chemical facility shall main8 tain a written record of the employee consulta9 tion required by subparagraph (A), including a 

10 record of— 

11 ‘‘(i) the name of the employee with 

12 whom the facility security officer or other 

13 similar official consulted; 

14 ‘‘(ii) how often and when such con15 sultation took place; 

16 ‘‘(iii) what mechanisms the facility 

17 used to capture feedback; and 

18 ‘‘(iv) any recommendations that were 

19 offered, accepted, or rejected as part of the 

20 security vulnerability assessment or site se21 curity plan. 

22 ‘‘(C) ACCESS TO EMPLOYEES.—Each owner 

23 or operator of a covered chemical facility shall, 

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1 spections of such facility access to any employee 

2 who participated in the development of the fa3 cility’s security vulnerability assessment and site 

4 security plan. 

5 ‘‘(D) EMPLOYEE AWARENESS.—The Sec6 retary shall produce a poster that a chemical fa7 cility of interest shall display in areas accessible 

8 to facility employees to inform employees about 

9 requirements under this title and the whistle10 blower protections provided under section 2105.’’. 

11 (c) SITE SECURITY PLANS.— 

12 (1) DISAPPROVAL.—Subsection (c)(1)(B) of sec13 tion 2102 of such Act (6 U.S.C. 622) is amended— 

14 (A) in clause (i), by striking ‘‘and’’ at the 

15 end; and 

16 (B) by amending clause (ii) to read as fol17 lows: 

18 ‘‘(ii) shall disapprove a site security 

19 plan if— 

20 ‘‘(I) the plan fails to satisfy the 

21 risk-based performance standards es22 tablished pursuant to subsection 

23 (a)(2)(C); or 

24 ‘‘(II) the plan fails to include the 

25 name, organizational affiliation, and 


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1 phone number of a local emergency 

2 manager or local emergency response 

3 provider and a documented policy to 

4 contact the local emergency manager or 

5 local emergency response provider at 

6 least annually regarding emergency re7 sponse plans at the facility.’’. 

8 (2) ASSESSMENTS.—Paragraph (3) of subsection 

9 (c) of such section is amended to read as follows: 

10 ‘‘(3) SITE SECURITY PLAN ASSESSMENTS.—In 

11 approving or disapproving a site security plan under 

12 this subsection, the Secretary shall— 

13 ‘‘(A) employ the risk assessment policies 

14 and procedures developed under this title; and 

15 ‘‘(B) confirm that the covered chemical fa16 cility has complied with the employee consulta17 tion requirements in paragraph (2) of subsection 

18 (b), including by reviewing and recording com19 pliance with the record-keeping requirements 

20 under subparagraph (B) of that paragraph.’’. 

21 (d) ELIMINATION OF EXPEDITED APPROVAL PRO22 GRAM.—Section 2102(c) of such Act (6 U.S.C. 622) is 

23 amended by striking paragraph (4). 

24 (e) AUDITS AND INSPECTIONS.— 


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1 (1) AUTHORITY TO CONDUCT.—Subparagraph 

2 (B) of paragraph (1) of subsection (d) of section 2102 

3 of such Act (6 U.S.C. 622) is amended by striking 

4 ‘‘under this title using’’ and inserting ‘‘at chemical 

5 facilities of interest and covered chemical facilities 

6 and shall obtain information and records to ensure 

7 compliance with this title. Such audits and inspec8 tions shall be conducted using’’. 

9 (2) REPORTING STRUCTURE.—Subparagraph 

10 (D) of such paragraph is amended— 

11 (A) in clause (i), by inserting ‘‘, or any suc12 cessor organization that implements the require13 ments of subsection (a)(2),’’ after ‘‘Department’’; 

14 and 

15 (B) in clause (ii), by inserting ‘‘, or any 

16 successor organization that implements the re17 quirements of subsection (a)(2),’’ after ‘‘Depart18 ment’’. 

19 (3) STANDARDS FOR AUDITORS AND INSPEC20 TORS.—Subparagraph (E) of such paragraph is 

21 amended— 

22 (A) in the matter preceding clause (i)— 

23 (i) by striking ‘‘The Secretary’’ and 

24 inserting ‘‘For each individual responsible 


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1 for carrying out audits or inspections on be2 half of the Secretary, the Secretary’’; 

3 (ii) by inserting ‘‘to ensure such indi4 viduals receive’’ before ‘‘the training’’; and 

5 (iii) by striking ‘‘and retraining of 

6 each individual used by the Department as 

7 an auditor or inspector, including each in8 dividual employed by the Department and 

9 all nondepartmental or nongovernmental 

10 personnel’’ and inserting ‘‘, continuing edu11 cation, and other professional development 

12 tools necessary to carry out duties and re13 sponsibilities’’; and 

14 (B) in clause (i), by striking ‘‘require15 ments’’ and inserting ‘‘necessary to audit and 

16 inspect compliance with all aspects of the risk17 based performance standards, including stand18 ards related to cybersecurity,’’; 

19 (C) by redesignating clauses (vi) and (vii) 

20 as clauses (vii) and (viii), respectively; and 

21 (D) by inserting after clause (v) the fol22 lowing new clause: 

23 ‘‘(vi) the proper credential or certifi24 cation necessary to conduct inspections re25 lated to the cybersecurity standard.’’. 


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1 (4) EMERGENCY RESPONSE PLANS.—Such sub2 section is further amended by adding at the end the 

3 following new paragraph: 

4 ‘‘(4) AUDIT OF EMERGENCY RESPONSE PLAN.— 

5 As part of the audit and inspection process under this 

6 subsection, the Secretary shall annually confirm com7 pliance of a chemical facility with the requirements 

8 under subsection (c)(1)(B)(ii)(II) including adherence 

9 to the facility’s documented policy to contact the local 

10 emergency manager or local emergency response pro11 vider at least annually regarding emergency response 

12 plans at the facility under such subsection.’’. 

13 (f) RISK ASSESSMENT.—Section 2102(e) of such Act 

14 (6 U.S.C. 622(e)) is amended— 

15 (1) in paragraph (2)(B)— 

16 (A) in the matter preceding clause (i), by 

17 inserting ‘‘and other malicious acts’’ after ‘‘ter18 rorism’’; and 

19 (B) in clause (ii), by striking ‘‘severe eco20 nomic consequences and the potential loss of 

21 human life in the event of the facility being sub22 ject to attack, compromise, infiltration, or ex23 ploitation by terrorists’’ and inserting ‘‘con24 sequences in event of the facility being subject to 

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1 tation of chemicals of interest by a terrorist or 

2 other malicious actor’’; 

3 (2) in paragraph (3)— 

4 (A) in subparagraph (A)— 

5 (i) by redesignating clauses (i) and (ii) 

6 as clauses (ii) and (iii), respectively; 

7 (ii) by inserting before clause (ii), as 

8 so redesignated, the following new clause (i): 

9 ‘‘(i) the Secretary determines that a 

10 chemical facility of interest does not present 

11 a high level of security risk;’’; and 

12 (iii) in clause (iii), as so redesignated, 

13 by inserting ‘‘or chemical facility of inter14 est’’ after ‘‘covered chemical facility’’; 

15 (B) in subparagraph (B)— 

16 (i) by striking ‘‘information on’’ and 

17 all that follows and inserting ‘‘information 

18 on—’’; and 

19 (ii) by adding at the end the following 

20 clauses: 

21 ‘‘(i) how the Secretary confirmed the 

22 information that was the basis for the 

23 change or determination described in sub24 paragraph (A); and 


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1 ‘‘(ii) actions taken or practices em2 ployed by the facility to reduce or remove 

3 terrorism-related chemical security risks, 

4 where applicable.’’; and 

5 (C) by adding at the end the following new 

6 subparagraph: 

7 ‘‘(C) TREATMENT OF CERTAIN INFORMA8 TION.—For the purposes of subsection (a) of sec9 tion 2103— 

10 ‘‘(i) information described in subpara11 graph (B)(i) shall be given protections from 

12 public disclosure under such subsection; and 

13 ‘‘(ii) information described in subpara14 graph (B)(ii) shall not be given protections 

15 from public disclosure under such sub16 section.’’; 

17 (3) by redesignating paragraph (4) as para18 graph (7); 

19 (4) by inserting after paragraph (3) the fol20 lowing new paragraphs: 

21 ‘‘(4) SHARING INFORMATION WITH EMERGENCY

22 RESPONSE PROVIDERS.— 

23 ‘‘(A) IN GENERAL.—The Secretary shall 

24 make available to State, local, and regional fu25 sion centers (as that term is defined in section 


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1 210A(j)(1) of this Act) and State and local gov2 ernment officials such information as the Sec3 retary determines necessary to ensure that emer4 gency response providers are prepared and pro5 vided with the situational awareness needed to 

6 respond to security incidents at covered chemical 

7 facilities. 

8 ‘‘(B) DISSEMINATION.—The Secretary shall 

9 disseminate information under subparagraph 

10 (A) to individuals identified and entities de11 scribed in such subparagraph in a secure and ex12 peditious manner. 

13 ‘‘(5) PRACTICES THAT MAY REDUCE CHEMICAL

14 SECURITY RISKS.— 

15 ‘‘(A) IN GENERAL.—Based on the informa16 tion maintained under paragraph (3)(B)(ii) re17 garding actions taken or practices employed by 

18 chemical facilities of interest to successfully re19 duce or remove terrorism-related chemical secu20 rity risks, the Secretary shall develop voluntary, 

21 publicly available practices that could be used to 

22 guide other facility owners and operators in pre23 venting, reducing, and mitigating chemical secu24 rity risks. 


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1 ‘‘(B) TREATMENT OF SENSITIVE INFORMA2 TION.—In developing and disseminating prac3 tices under subparagraph (A), the Secretary 

4 shall protect from public disclosure all informa5 tion described in section 2103(a). 

6 ‘‘(6) CONGRESSIONAL NOTIFICATION.—Any time 

7 a determination is not made with respect to a chem8 ical facility of interest within 9 months of the facility 

9 submitting a Top-Screen, the Secretary shall notify 

10 the Committees on Homeland Security and Energy 

11 and Commerce of the House and the Committee on 

12 Homeland Security and Governmental Affairs of the 

13 Senate and provide an explanation.’’; and 

14 (5) in paragraph (6), as redesignated by para15 graph (3) of this subsection— 

16 (A) in subparagraph (B)(i)(I)— 

17 (i) in item (aa), by striking ‘‘or’’ at 

18 the end; 

19 (ii) in item (bb), by striking ‘‘and’’ 

20 and inserting ‘‘or’’; and 

21 (iii) by adding at the end the following 

22 new item: 

23 ‘‘(cc) determined that a 

24 chemical facility of interest did 


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1 not present a high level of risk; 

2 and’’; 

3 (B) by amending subparagraph (C) to read 

4 as follows: 

5 ‘‘(C) for the period beginning on the date 

6 that is one year before the date of the enactment 

7 of the Protecting and Securing Chemical Facili8 ties from Terrorist Attacks Act of 2019 and end9 ing on the date of the enactment of such Act, the 

10 average length of time required to— 

11 ‘‘(i) review and approve site security 

12 plans or alternative security programs for 

13 covered chemical facilities; 

14 ‘‘(ii) ensure a facility has achieved full 

15 implementation of planned security meas16 ures; and 

17 ‘‘(iii) conduct a compliance inspection, 

18 including the average length of time inspec19 tors spend on an individual compliance in20 spection;’’; 

21 (C) in subparagraph (E), by striking ‘‘and’’ 

22 at the end; 

23 (D) by redesignating subparagraph (F) as 

24 subparagraph (I); and 


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1 (E) by inserting after subparagraph (E) the 

2 following new subparagraphs: 

3 ‘‘(F) a detailed summary of reports and 

4 other information generated under paragraph (3) 

5 regarding facilities that receive a change in tier 

6 or that are determined not to present a high level 

7 of security risk; 

8 ‘‘(G) a detailed summary of practices iden9 tified and disseminated under such paragraph; 

10 ‘‘(H) actions taken and results produced in 

11 implementing the practices, to the extent feasible; 

12 and’’. 

13 (g) SPECIFIC PRODUCTS AND MIXTURES.—Such sec14 tion (6 U.S.C. 622) is further amended by adding at the 

15 end the following new subsection: 

16 ‘‘(f) SPECIFIC PRODUCTS AND MIXTURES CONTAINING

17 CHEMICALS OF INTEREST.— The Secretary may exclude a 

18 specific product or mixture that contains a chemical of in19 terest at or above the minimum concentration listed on Ap20 pendix A to part 27 of title 6, Code of Federal Regulations, 

21 or any successor thereto, from any reporting requirements 

22 under this section if the Secretary determines that the prod23 uct or mixture does not present a terrorism risk for which 

24 the chemical of interest contained within the product or 

25 mixture was included on Appendix A.’’. 


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1 SEC. 4. PROTECTION AND SHARING OF INFORMATION. 

2 Section 2103 of the Homeland Security Act of 2002 

3 (6 U.S.C. 623) is amended— 

4 (1) by striking subsections (b), (c), and (f); and 

5 (2) by inserting after subsection (a) the following 

6 new subsections (b) and (c): 

7 ‘‘(b) AUTHORIZED RECIPIENTS OF INFORMATION.— 

8 The Secretary shall make available, upon request, informa9 tion protected pursuant to subsection (a) to the following 

10 recipients: 

11 ‘‘(1) State and local government officials, includ12 ing law enforcement and emergency response pro13 viders, with respect to information on any chemical 

14 facility of interest within the jurisdiction of the offi15 cial, but only if such information may not be dis16 closed pursuant to any State or local law. 

17 ‘‘(2) Members of Congress. 

18 ‘‘(3) Members of the Chemical Security Advisory 

19 Committee under section 2010, in the course of con20 ducting official duties and responsibilities as de21 scribed in such section. 

22 ‘‘(4) The Comptroller General of the United 

23 States. 

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1 tion that was not created solely for the purpose of meeting 

2 the requirements of this title.’’. 

3 SEC. 5. CIVIL ENFORCEMENT. 

4 Section 2104 of the Homeland Security Act of 2002 

5 (6 U.S.C. 624) is amended— 

6 (1) in subsection (a)(1)— 

7 (A) in subparagraph (A)(i), by striking ‘‘14 

8 days after date on which’’ and inserting ‘‘three 

9 days after the date on which’’; and 

10 (B) in subparagraph (B), by striking ‘‘180 

11 days’’ and inserting ‘‘30 days’’; 

12 (2) in subsection (b)(2), by inserting ‘‘section 

13 2102(a)(2)(B) or any requirement issued by the Sec14 retary thereunder’’ after ‘‘comply with’’; 

15 (3) in subsection (c), by inserting ‘‘or other ma16 licious act’’ after ‘‘terrorist incident’’; and 

17 (4) in subsection (d), by inserting ‘‘, except as 

18 provided in section 2105(a)(5) regarding whistle19 blower retaliation’’ before the period at the end. 

20 SEC. 6. WHISTLEBLOWER PROTECTION. 

21 Section 2105 of the Homeland Security Act of 2002 

22 (6 U.S.C. 625) is amended— 

23 (1) in subsection (a)— 

24 (A) in paragraph (1), by striking ‘‘Not later 

25 than 180 days after the date of enactment of the 


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1 Protecting and Securing Chemical Facilities 

2 from Terrorist Attacks Act of 2014, the Sec3 retary’’ and inserting ‘‘The Secretary’’; 

4 (B) by amending paragraph (2) to read as 

5 follows: 

6 ‘‘(2) CONFIDENTIALITY.— 

7 ‘‘(A) IN GENERAL.—Except as provided in 

8 subparagraph (B), in the absence of the written 

9 consent of an individual who submits a report 

10 under paragraph (1)— 

11 ‘‘(i) the Secretary shall keep confiden12 tial the identity of and any identifying in13 formation relating to that individual; and 

14 ‘‘(ii) any such report shall be subject to 

15 the protections on information under section 

16 2103 of this Act to the extent that the report 

17 does not consist of publicly available infor18 mation. 

19 ‘‘(B) NOTICE.—In a case in which it is nec20 essary to disclose the identity of or any identi21 fying information relating to an individual who 

22 submits a report under paragraph (1) because it 

23 is essential to investigate the information con24 tained in the report or because of compulsory 

25 legal process, the Secretary shall provide timely 


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1 advance notice to the individual of such disclo2 sure.’’; 

3 (C) by amending paragraph (3) to read as 

4 follows: 

5 ‘‘(3) RESPONSE TO REPORTS.—If a report sub6 mitted under paragraph (1) contains information 

7 identifying the individual making the report, the Sec8 retary, or the designee of the Secretary shall, by not 

9 later than 15 days after the date on which the report 

10 is received, respond to the individual directly and ac11 knowledge receipt of the report.’’; 

12 (D) in paragraph (5)— 

13 (i) by amending subparagraph (C) to 

14 read as follows: 

15 ‘‘(C) OPPORTUNITY FOR REVIEW.—In any 

16 action under paragraph (4) that is based on in17 formation received under the procedure estab18 lished under paragraph (1), the Secretary shall 

19 provide for review of the action if a petition for 

20 review is filed within 20 calendar days of the 

21 date of issuance of the order for the action.’’; 

22 (ii) in subparagraph (D)— 

23 (I) by striking ‘‘unless the Sec24 retary determines’’ and inserting ‘‘, ex25 cept that the Secretary may provide for 


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1 a 30-day extension if the Secretary de2 termines’’; 

3 (II) by striking ‘‘that the viola4 tion providing a basis for the action 

5 continues to exist.’’ and inserting 

6 ‘‘that—’’; and 

7 (III) by adding at the end the fol8 lowing new clauses: 

9 ‘‘(i) the violation providing a basis for 

10 the action continues to exist; or 

11 ‘‘(ii) such period is insufficient to com12 plete the review of the action.’’; and 

13 (E) in paragraph (6)— 

14 (i) in subparagraph (A), by striking 

15 ‘‘discharge an employee or otherwise dis16 criminate against an employee with respect 

17 to the compensation provided to, or terms, 

18 conditions, or privileges of the employment 

19 of, the employee because the employee (or an 

20 individual acting pursuant to a request of 

21 the employee) submitted a report under 

22 paragraph (1).’’ and inserting ‘‘discharge 

23 an employee or otherwise discriminate 

24 against an employee or former employee 

25 with respect to the compensation provided 


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1 to, or terms, conditions, or privileges associ2 ated with current or past employment of, 

3 the employee or former employee because the 

4 employee or former employee (or an indi5 vidual acting pursuant to a request of the 

6 employee or former employee) submitted a 

7 report under paragraph (1).’’; and 

8 (ii) in subparagraph (B), in the mat9 ter preceding clause (i), by— 

10 (I) inserting ‘‘or former em11 ployee’’ after ‘‘An employee’’; and 

12 (II) inserting ‘‘or former employee 

13 (or an individual acting pursuant to a 

14 request of the employee or former em15 ployee)’’ after ‘‘the employee’’; and 

16 (iii) by adding at the end the following 

17 new subparagraph: 

18 ‘‘(C) PROCEDURE AND REMEDY.— 

19 ‘‘(i) IN GENERAL.—The Secretary shall 

20 establish a procedure for the review and in21 vestigation of complaints of reprisals pro22 hibited under subparagraph (A) and for 

23 remedies for violations of such subpara24 graph. 


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1 ‘‘(ii) JUDICIAL REMEDIES.—Nothing 

2 in this title shall be construed to deny an 

3 individual who submits a complaint for 

4 any reprisal prohibited under subparagraph 

5 (A) from seeking a judicial remedy against 

6 the owner or operator of the chemical facil7 ity of interest as long as the individual has 

8 exhausted administrative remedies.’’; and 

9 (2) by striking subsection (d). 

10 SEC. 7. CHEMICAL SECURITY ADVISORY COMMITTEE. 

11 (a) IN GENERAL.—Title XXI of the Homeland Secu12 rity Act of 2002 (6 U.S.C. 621 et seq.) is amended by add13 ing at the end the following new section: 

14 ‘‘SEC. 2110. CHEMICAL SECURITY ADVISORY COMMITTEE. 

15 ‘‘(a) ESTABLISHMENT.—The Secretary shall establish 

16 a standing Chemical Security Advisory Committee to ad17 vise the Secretary on the implementation of this title. 

18 ‘‘(b) MEMBERSHIP.— 

19 ‘‘(1) IN GENERAL.—The Advisory Committee 

20 shall be comprised of 12 members selected by the Sec21 retary, which shall include at least one individual 

22 who is a multi-disciplinary stakeholder with scientific 

23 or other expertise representing each of the following: 

24 ‘‘(A) Industry. 

25 ‘‘(B) Academia. 


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1 ‘‘(C) Labor. 

2 ‘‘(D) Emergency response providers. 

3 ‘‘(E) Local emergency planners. 

4 ‘‘(F) Environmental, community, or public 

5 health advocates, particularly for communities 

6 with high concentrations of covered chemical fa7 cilities. 

8 ‘‘(G) Cybersecurity and information policy. 

9 ‘‘(2) TERMS.—Each member shall be appointed 

10 for an initial term of three years and may be re11 appointed for one additional three-year term. 

12 ‘‘(3) CHAIR.—The Committee shall have a chair, 

13 who shall be selected by the members of the Com14 mittee. 

15 ‘‘(4) PAY.—Members shall serve without pay. 

16 ‘‘(5) QUORUM.—A majority of members of the 

17 Advisory Committee shall constitute a quorum but a 

18 lesser number may hold hearings. 

19 ‘‘(c) SUBCOMMITTEES.—The Advisory Committee may 

20 establish subcommittees to assesses and recommend im21 provements to the risk tiering methodology for chemical fa22 cilities, the risk-based performance standards for chemical 

23 facilities, risk reduction strategies, and other aspects of the 

24 program under this title as the Secretary determines appro25 priate. 


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1 ‘‘(d) INFORMATION PROTECTION.—Members of Advi2 sory Committee shall maintain information protections 

3 pursuant to section 2103 of this Act. Any member who needs 

4 to access classified information to carry out assessments 

5 and recommendations for improving the risk tiering meth6 odology for chemical facilities shall have an appropriate se7 curity clearance. 

8 ‘‘(e) ANNUAL REPORT.— 

9 ‘‘(1) SUBMISSION TO THE SECRETARY.—Not 

10 later than January 30 each year, the chair shall sub11 mit to the Secretary a report on the activities of the 

12 Committee during the year preceding the year during 

13 which the report is submitted. 

14 ‘‘(2) SUBMISSION TO CONGRESS.—Not later than 

15 45 days after receiving a report from the Advisory 

16 Committee under paragraph (1), the Secretary shall 

17 provide to the Committees on Homeland Security and 

18 Energy and Commerce of the House of Representa19 tives and the Committee on Homeland Security and 

20 Governmental Affairs of the Senate a copy of the re21 port together with any Secretarial feedback on the re22 port. 

23 ‘‘(f) APPLICABILITY OF FACA.—The Federal Advisory 

24 Committee Act (5 U.S.C. App.) shall not apply to the Com25 mittee established under this section.’’. 


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1 (b) CLERICAL AMENDMENT.—The table of contents in 

2 section 1(b) of such Act is amended by inserting after the 

3 item relating to section 2109 the following new item: 

‘‘2110. Chemical Security Advisory Committee.’’. 

4 SEC. 8. IMPLEMENTATION PLAN AND REPORT TO CON5 GRESS. 

6 (a) IMPLEMENTATION PLAN.—Not later than 120 days 

7 after the date of the enactment of this Act, the Secretary 

8 of Homeland Security shall develop, and submit to Con9 gress, an implementation plan outlining how the Secretary 

10 plans to— 

11 (1) aggregate, anonymize, and analyze data col12 lected from covered chemical facilities or chemical fa13 cilities of interest to identify practices that such fa14 cilities have employed to successfully reduce or remove 

15 terrorism-related chemical security risks; 

16 (2) develop voluntary, publicly available, prac17 tices based on such data, which may be updated as 

18 necessary, to guide facility owners and operators in 

19 preventing, reducing, and managing security risks; 

20 and 

21 (3) disseminate such practices to chemical facil22 ity owners and operators through an appropriate me23 dium or system, including by making such practices 

24 available to the public to the greatest extent prac25 ticable. 


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1 (b) REPORT.— 

2 (1) INITIAL REPORT.—Not later than two years 

3 after the date of the enactment of this Act, the Sec4 retary shall submit to Congress a report on the status 

5 of implementation plan required under subsection (a), 

6 a description of the voluntary, publicly available, 

7 practices identified, and the system or medium used 

8 to disseminate such practices to chemical facility 

9 owners and operators. 

10 (2) ANNUAL UPDATES.—Not later than one year 

11 after the submission of the report required under 

12 paragraph (1), and annually thereafter, the Secretary 

13 shall submit to Congress information on changes to 

14 the voluntary practices information disseminated and 

15 bases for such changes, information on feedback col16 lected from facility owners and operators regarding 

17 the extent to which voluntary practices were adopted, 

18 and information on what impact the dissemination of 

19 voluntary practices have had on the effectiveness of 

20 the program. 

21 SEC. 9. STUDY ON RISKS POSED BY EXCLUDED FACILITIES. 

22 (a) STUDY REQUIRED.—The Secretary of Homeland 

23 Security shall enter into an agreement with a non-Depart24 ment of Homeland Security entity for the conduct of an 

25 independent assessment of— 


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1 (1) the implications for national security and 

2 homeland security of exempting from regulation 

3 under title XXI of the Homeland Security Act of 2002 

4 (6 U.S.C. 621 et seq.) excluded facilities, as such term 

5 is defined in section 2101(4) of such Act.; 

6 (2) the implications for such excluded facilities 

7 of exempting such facilities from regulation; and 

8 (3) the implications of exempting such facilities 

9 from regulation for the communities located in the 

10 same geographic areas as such facilities. 

11 (b) REPORT TO CONGRESS.—Not later than 16 months 

12 after entering into an agreement under subsection (a), the 

13 Secretary of Homeland Security shall submit to the appro14 priate congressional committees a report that includes the 

15 findings and recommendations of the independent assess16 ment required by subsection (a). 

17 (c) APPROPRIATE CONGRESSIONAL COMMITTEES.—In 

18 this section, the term ‘‘appropriate congressional commit19 tees’’ means— 

20 (1) the Committee on Homeland Security and 

21 Governmental Affairs of the Senate; and 

22 (2) the Committee on Homeland Security and 

23 the Committee on Energy and Commerce of the House 

24 of Representatives. 


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1 SEC. 10. STUDY ON FEASIBILITY OF WAIVER PROGRAM. 

2 (a) STUDY REQUIRED.—The Secretary of Homeland 

3 Security shall conduct a study to assess the feasibility and 

4 desirability of establishing a process under which certain 

5 chemical facilities, as determined by the Secretary, may 

6 apply to for a waiver of certain regulatory requirements 

7 under title XXI of the Homeland Security Act of 2002 (6 

8 U.S.C. 621 et seq.) upon showing that— 

9 (1) the requirements under such title are covered, 

10 to the same extent and in the same manner, under 

11 another Federal regulatory program; 

12 (2) the facility is in full and complete compli13 ance with such other Federal regulatory program, as 

14 shown through timely scheduled inspections, audits, 

15 and other supporting evidence; and 

16 (3) the facility has not, during the five-year pe17 riod preceding the date on which a waiver is re18 quested, been subject to an enforcement action brought 

19 by the Federal regulator overseeing such regulatory 

20 program or been found to be noncompliant with any 

21 aspect of such regulatory program. 

22 (b) REPORT TO CONGRESS.—Not later than two years 

23 after the date of the enactment of this Act, the Secretary 

24 of Homeland Security shall submit to the appropriate con25 gressional committees a report that includes detailed find26 ings regarding the establishment of the process described in 


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1 subsection (a) and, if appropriate, recommendations for im2 plementation. 

3 (c) APPROPRIATE CONGRESSIONAL COMMITTEES.—In 

4 this section, the term ‘‘appropriate congressional commit5 tees’’ means— 

6 (1) the Committee on Homeland Security and 

7 Governmental Affairs of the Senate; and 

8 (2) the Committee on Homeland Security and 

9 the Committee on Energy and Commerce of the House 

10 of Representatives. 

11 SEC. 11. REVIEW OF TIERING METHODOLOGY. 

12 (a) REVIEW REQUIRED.—The Director of the Cyberse13 curity and Infrastructure Security Agency shall— 

14 (1) conduct a review of the risk assessment ap15 proach and corresponding tiering methodology for 

16 covered chemical facilities required pursuant to sec17 tion 2102(e)(2) of the Homeland Security Act of 

18 2002, as amended by this Act, and assess the extent 

19 to which the approach and tiering methodology takes 

20 into account— 

21 (A) the nature of the area surrounding the 

22 chemical facility, the presence of nearby facilities 

23 or other critical infrastructure, and other fea24 tures of the community that could contribute to 


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1 the consequences of a terrorist attack or exploi2 tation of chemicals of interest; 

3 (B) the potential effects on the health and 

4 economic conditions of communities dispropor5 tionately vulnerable to the consequences of a ter6 rorist attack or exploitation of chemicals of in7 terest; and 

8 (C) the vulnerabilities of chemical facilities 

9 to cybersecurity threats, including the 

10 vulnerabilities of facilities’ information tech11 nology and operational technology and the im12 plications on the potential for penetration of 

13 both the physical security and cybersecurity of 

14 facilities; and 

15 (2) based on the review under paragraph (1), de16 velop a plan to ensure that when the tiering method17 ology is next updated, the nature of the surrounding 

18 area, the presence of nearby facilities or other critical 

19 infrastructure, and other features of the community 

20 that could contribute to the consequences of a terrorist 

21 attack or exploitation of chemicals of interest and im22 pacts on communities disproportionately vulnerable 

23 to the consequences of a terrorist attack or exploi24 tation of chemicals of interest are considered. 

25 (b) REPORT TO CONGRESS.— 


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1 (1) REPORT ON REVIEW.—Not later than two 

2 years after the date of the enactment of this Act, the 

3 Director shall submit to the appropriate congressional 

4 committees a report on the tiering methodology review 

5 required under subsection (a). 

6 (2) SUBMITTAL OF PLAN.— Not later than one 

7 year after submitting the report under paragraph (1), 

8 the Director shall submit to the appropriate congres9 sional committees the tiering methodology plan re10 quired under subsection (a)(2). 

11 (3) APPROPRIATE CONGRESSIONAL COMMIT12 TEES.—In this section, the term ‘‘appropriate con13 gressional committees’’ means— 

14 (A) the Committee on Homeland Security 

15 and Governmental Affairs of the Senate; and 

16 (B) the Committee on Homeland Security 

17 and the Committee on Energy and Commerce of 

18 the House of Representatives. 

19 SEC. 12. COMPTROLLER GENERAL REPORTS. 

20 (a) EVALUATION OF EFFECTIVENESS OF RISK-BASED

21 PERFORMANCE STANDARDS.— 

22 (1) STUDY AND REPORT.—Not later than 18 

23 months after the date of the enactment of this Act, the 

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1 sional committees a report on the effectiveness of the 

2 risk-based performance standards used by the Depart3 ment of Homeland Security under title XXI of the 

4 Homeland Security Act of 2002 (6 U.S.C. 621 et seq.) 

5 in protecting businesses, employees, the economy, the 

6 public, and national security against existing and 

7 evolving threats of concern. 

8 (2) CONTENTS OF REPORT.—The report required 

9 by paragraph (1) shall address— 

10 (A) the sufficiency of security risk deter11 minations and countermeasures under title XXI 

12 of the Homeland Security Act of 2002 (6 U.S.C. 

13 621 et seq.); and 

14 (B) the need for revised or additional meth15 ods to address evolving security risks. 

16 (b) EVALUATION OF INFORMATION MANAGEMENT.— 

17 Not later than one year after the date of the enactment of 

18 this Act, the Comptroller General of the United States shall 

19 conduct a study and submit to the appropriate congres20 sional committees a report on— 

21 (1) how the Secretary of Homeland Security doc22 uments, maintains, and uses information on tiering 

23 changes pursuant to section 2102(e)(3) of the Home24 land Security Act of 2002 (6 U.S.C. 622(e)(3)); and 


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1 (2) how management, maintenance, utility, and 

2 use of the information could be improved to better 

3 identify and disseminate practices to reduce chemical 

4 security risks. 

5 (c) EVALUATION OF PRACTICES TO REDUCE CHEM6 ICAL SECURITY RISKS.—Not later than three years after 

7 the date of the enactment of this Act, the Comptroller Gen8 eral of the United States shall submit to the appropriate 

9 congressional committees a report on the effectiveness of the 

10 development and distribution by the Secretary of Homeland 

11 Security of practices to address chemical security risks and 

12 of any actions taken or results produced in response to such 

13 practices. 

14 (d) APPROPRIATE CONGRESSIONAL COMMITTEES.—In 

15 this section, the term ‘‘appropriate congressional commit16 tees’’ means— 

17 (1) the Committee on Homeland Security and 

18 Governmental Affairs of the Senate; and 

19 (2) the Committee on Homeland Security and 

20 the Committee on Energy and Commerce of the House 

21 of Representatives. 

22 SEC. 13. VOLUNTARY MECHANISM FOR REPORTING 

23 DRONES AND OTHER EMERGING THREATS. 

24 (a) IN GENERAL.—Not later than 120 days after the 

25 date of the enactment of this Act, the Secretary of Homeland 


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1 Security, acting through the Director of the Cybersecurity 

2 and Infrastructure Security Agency, shall provide a secure 

3 communications and information technology infrastructure 

4 or platform that allows owners and operators of covered 

5 chemical facilities to report, on a voluntary basis, informa6 tion on emerging threats, including terrorism threats posed 

7 by unmanned aircraft systems (as defined in section 331(9) 

8 of the FAA Modernization and Reform Act of 2012 (Public 

9 Law 112–95; 49 U.S.C. 40101 note) to covered chemical fa10 cilities. 

11 (b) PLATFORM CAPABILITIES.—The Secretary shall 

12 ensure that the secure communications and information 

13 technology infrastructure or platform established pursuant 

14 to subsection (a) is designed to support data mining and 

15 other advanced analytic tools to access, receive, and analyze 

16 data and information to facilitate the reporting of the infor17 mation described in subsection (a). 

18 SEC. 14. REGULATIONS REGARDING SPECIFIC PRODUCTS 

19 AND MIXTURES CONTAINING CHEMICALS OF 

20 INTEREST. 

21 Not later than one year after the date of the enactment 

22 of this Act, the Secretary of Homeland Security shall pre23 scribe regulations to enact a process through which the Sec24 retary can be petitioned to exclude a product or mixture 

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1 rity Act, as added by section 3. In collecting information 

2 from petitioners under such subsection, the Secretary shall 

3 not be subject to subchapter I of chapter 35 of title 44, 

4 United States Code, or section 553 of title 5, United States 

5 Code. 

6 SEC. 15. VOLUNTARY PROGRAM. 

7 (a) IN GENERAL.—The Director of Cybersecurity and 

8 Infrastructure Security of the Department of Homeland Se9 curity may develop a voluntary program for chemical fa10 cilities to address potential security risks at such facilities. 

11 (b) CONGRESSIONAL NOTIFICATION.—Not less than 15 

12 days prior to commencing a voluntary program pursuant 

13 to subsection (a), the Director shall provide notification to 

14 the Committee on Homeland Security and the Committee 

15 on Energy and Commerce of the House of Representatives 

16 and the Committee on Homeland Security and Govern17 mental Affairs of the Senate. 

18 SEC. 16. STUDY ON LOCAL EMERGENCY RESPONSE CAPAC19 ITY TO RESPOND TO CHEMICAL SECURITY IN20 CIDENTS. 

21 (a) STUDY REQUIRED.—The Secretary of Homeland 

22 Security, acting through the Under Secretary for Science 

23 and Technology, shall conduct a study on how to improve 

24 training and support for local emergency response providers 

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1 ties in how to respond to a terrorist attack on a chemical 

2 facility. 

3 (b) FEATURES.—In carrying out the study required 

4 under subsection (a), the Secretary shall consider, as appro5 priate— 

6 (1) the degree to which jurisdictions with high 

7 concentrations of covered chemical facilities have fire, 

8 police, medical, and other response personnel trained 

9 and equipped to respond to a terrorist attack on a 

10 chemical facility and have— 

11 (A) evacuation and shelter in place proto12 cols tailored to the unique needs of the jurisdic13 tion and the chemical properties of chemicals of 

14 interest that would be involved in the attack and 

15 that take into consideration vulnerable popu16 lations, including schools, child care centers, 

17 nursing facilities, and hospitals; 

18 (B) community notification and warning 

19 systems; and 

20 (C) surge capacities of hospitals and other 

21 health care facilities in the area; and 

22 (2) what, if any, distinctions are there in pre23 paredness for a terrorist attack on a chemical facility 

24 in jurisdictions that rely on volunteers to carry out 

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1 tions that do not rely, in whole or in part, on volun2 teers; and 

3 (3) all training, equipment, and support pro4 vided by the Department of Homeland Security to 

5 local emergency response providers in areas with a 

6 high concentration of covered chemical facilities and 

7 chemical facilities of interest. 

8 (c) SURVEY.—In carrying out the study required 

9 under subsection (a), the Secretary may partner with a 

10 non-Departmental entity for the survey of a representative 

11 sample of emergency response providers in areas with a 

12 high concentration of covered chemical facilities, chemical 

13 facilities of interest, or other facilities with large quantities 

14 of chemicals. 

15 (d) REPORT.—No later than two years from the date 

16 on which the Secretary commences the study required under 

17 subsection (a), the Secretary shall submit to Congress the 

18 study, accompanied by plans, as appropriate, to— 

19 (1) improve the Department’s counter-terrorism 

20 preparedness and response planning, training, and 

21 equipment efforts to ensure that they are better tai22 lored and resourced to address the unique needs of 

23 local emergency response providers in areas with a 

24 high concentration of covered chemical facilities and 

25 chemical facilities of interest; and 


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1 (2) improve coordination among Federal, State, 

2 local, tribal, and territorial government officials in 

3 emergency planning and response in areas with high 

4 concentrations of covered chemical facilities, chemical 

5 facilities of interest, or other facilities with large 

6 quantities of hazardous chemicals. 

7 (e) PUBLIC AVAILABILITY.—The report required under 

8 this section shall be made publicly available, but may in9 clude a classified annex. 

10 SEC. 17. PREVIOUSLY APPROVED FACILITIES. 

11 In the case of a chemical facility that is a covered 

12 chemical facility under title XXI of the Homeland Security 

13 Act of 2002 for which the Secretary of Homeland Security 

14 approved a site security plan under such title before the 

15 date of enactment of this Act, the Secretary shall not require 

16 the facility to resubmit the site security plan solely by rea17 son of the enactment of this Act or the amendments made 

18 by this Act. 

19 SEC. 18. TERMINATION. 

20 Section 5 of the Protecting and Securing Chemical Fa21 cilities From Terrorist Attacks Act of 2014 (Public Law 

22 113–254; 6 U.S.C. 621 note) is amended by striking ‘‘the 

23 date that is 5 years and 3 months after the effective date 

24 of this Act’’ and inserting ‘‘May 1, 2025’’. 


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Union Calendar No. 427 

116TH CONGRESS 

2D SESSION H. R. 3256 

[Report No. 116–341, Part I] 

A BILL 

To amend the Homeland Security Act of 2002 to 

other purposes. Anti-Terrorism Standards Program, and for reauthorize and improve the Chemical Facility 

SEPTEMBER 21, 2020 

Committee on Energy and Commerce discharged; comState of the Union and ordered to be printed mitted to the Committee of the Whole House on the 


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