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 Secu-
rity, 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 com-
mittee 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 Stand-
ards Program, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives 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 ‘‘Pro-
tecting and Securing Chemical Facilities from Terrorist At-
tacks 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. 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 chemi-
cals of interest. 
Sec. 15. Voluntary program. 
Sec. 16. Study on local emergency response capacity to respond to chemical secu-
rity incidents. 
Sec. 17. Previously approved facilities. 
Sec. 18. 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 enact-
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ment 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 enact-
ment 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 ‘‘; and’’ ; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(E) verify information submitted by a cov-
ered chemical facility prior to assigning such fa-
cility a lower risk tier or determining that such 
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facility no longer presents a high level of security 
risk.’’. 
(b) EMPLOYEE INPUT REGARDING SECURITY MEAS-
URES.—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
AWARE-
NESS.— 
‘‘(A) EMPLOYEE CONSULTATION REQUIRE-
MENT.—A facility’s security vulnerability assess-
ment 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 cor-
responding guidance issued under section 
27.220(d) of such title, or any successor 
thereto, who possesses relevant knowledge, 
experience, training, or education per-
taining to matters of site security. 
‘‘(ii) in the case of a facility where fa-
cility employees are represented by a bar-
gaining agent, at least one employee rep-
resentative who— 
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‘‘(I) is selected by the bargaining 
agent at that facility; and 
‘‘(II) has relevant knowledge, ex-
perience, training, or education per-
taining to matters of site security. 
‘‘(B) RECORD
OF
EMPLOYEE
CONSULTA-
TION.—A covered chemical facility shall main-
tain a written record of the employee consulta-
tion 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 con-
sultation 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 se-
curity plan. 
‘‘(C) ACCESS TO EMPLOYEES.—Each owner 
or operator of a covered chemical facility shall, 
upon request, provide to an employee of the De-
partment engaged in carrying out audits and in-
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spections of such facility access to any employee 
who participated in the development of the fa-
cility’s security vulnerability assessment and site 
security plan. 
‘‘(D) EMPLOYEE
AWARENESS.—The Sec-
retary shall produce a poster that a chemical fa-
cility of interest shall display in areas accessible 
to facility employees to inform employees about 
requirements under this title and the whistle-
blower protections provided under section 2105.’’. 
(c) SITE SECURITY PLANS.— 
(1) DISAPPROVAL.—Subsection (c)(1)(B) of sec-
tion 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 fol-
lows: 
‘‘(ii) shall disapprove a site security 
plan if— 
‘‘(I) the plan fails to satisfy the 
risk-based performance standards es-
tablished 
pursuant 
to 
subsection 
(a)(2)(C); or 
‘‘(II) the plan fails to include the 
name, organizational affiliation, and 
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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 re-
sponse plans 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 fa-
cility has complied with the employee consulta-
tion requirements in paragraph (2) of subsection 
(b), including by reviewing and recording com-
pliance with the record-keeping requirements 
under subparagraph (B) of that paragraph.’’. 
(d) ELIMINATION
OF EXPEDITED APPROVAL PRO-
GRAM.—Section 2102(c) of such Act (6 U.S.C. 622) is 
amended by striking paragraph (4). 
(e) AUDITS AND INSPECTIONS.— 
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(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 inspec-
tions shall be conducted using’’. 
(2) 
REPORTING
STRUCTURE.—Subparagraph 
(D) of such paragraph is amended— 
(A) in clause (i), by inserting ‘‘, or any suc-
cessor organization that implements the require-
ments of subsection (a)(2),’’ after ‘‘Department’’; 
and 
(B) in clause (ii), by inserting ‘‘, or any 
successor organization that implements the re-
quirements of subsection (a)(2),’’ after ‘‘Depart-
ment’’. 
(3) STANDARDS
FOR
AUDITORS
AND
INSPEC-
TORS.—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 
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for carrying out audits or inspections on be-
half of the Secretary, the Secretary’’; 
(ii) by inserting ‘‘to ensure such indi-
viduals receive’’ before ‘‘the training’’; and 
(iii) by striking ‘‘and retraining of 
each individual used by the Department as 
an auditor or inspector, including each in-
dividual employed by the Department and 
all nondepartmental or nongovernmental 
personnel’’ and inserting ‘‘, continuing edu-
cation, and other professional development 
tools necessary to carry out duties and re-
sponsibilities’’; and 
(B) in clause (i), by striking ‘‘require-
ments’’ and inserting ‘‘necessary to audit and 
inspect compliance with all aspects of the risk- 
based performance standards, including stand-
ards related to cybersecurity,’’; 
(C) by redesignating clauses (vi) and (vii) 
as clauses (vii) and (viii), respectively; and 
(D) by inserting after clause (v) the fol-
lowing new clause: 
‘‘(vi) the proper credential or certifi-
cation necessary to conduct inspections re-
lated to the cybersecurity standard.’’. 
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(4) EMERGENCY RESPONSE PLANS.—Such sub-
section 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 annually confirm com-
pliance of a chemical facility with the requirements 
under subsection (c)(1)(B)(ii)(II) including adherence 
to the facility’s documented policy to contact the local 
emergency manager or local emergency response pro-
vider at least annually regarding emergency response 
plans at the facility 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 ‘‘ter-
rorism’’; and 
(B) in clause (ii), by striking ‘‘severe eco-
nomic consequences and the potential loss of 
human life in the event of the facility being sub-
ject to attack, compromise, infiltration, or ex-
ploitation by terrorists’’ and inserting ‘‘con-
sequences in event of the facility being subject to 
attack, compromise, infiltration, or the exploi-
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tation 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 inter-
est’’ 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 sub-
paragraph (A); and 
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‘‘(ii) actions taken or practices em-
ployed 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
INFORMA-
TION.—For the purposes of subsection (a) of sec-
tion 2103— 
‘‘(i) information described in subpara-
graph (B)(i) shall be given protections from 
public disclosure under such subsection; and 
‘‘(ii) information described in subpara-
graph (B)(ii) shall not be given protections 
from public disclosure under such sub-
section.’’; 
(3) by redesignating paragraph (4) as para-
graph (7); 
(4) by inserting after paragraph (3) the fol-
lowing new paragraphs: 
‘‘(4) SHARING INFORMATION WITH EMERGENCY 
RESPONSE PROVIDERS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
make available to State, local, and regional fu-
sion centers (as that term is defined in section 
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210A(j)(1) of this Act) and State and local gov-
ernment officials such information as the Sec-
retary determines necessary to ensure that emer-
gency response providers are prepared and pro-
vided 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 de-
scribed in such subparagraph in a secure and ex-
peditious manner. 
‘‘(5) PRACTICES THAT MAY REDUCE CHEMICAL 
SECURITY RISKS.— 
‘‘(A) IN GENERAL.—Based on the informa-
tion maintained under paragraph (3)(B)(ii) re-
garding actions taken or practices employed by 
chemical facilities of interest to successfully re-
duce or remove terrorism-related chemical secu-
rity risks, the Secretary shall develop voluntary, 
publicly available practices that could be used to 
guide other facility owners and operators in pre-
venting, reducing, and mitigating chemical secu-
rity risks. 
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‘‘(B) TREATMENT OF SENSITIVE INFORMA-
TION.—In developing and disseminating prac-
tices under subparagraph (A), the Secretary 
shall protect from public disclosure all informa-
tion described in section 2103(a). 
‘‘(6) CONGRESSIONAL NOTIFICATION.—Any time 
a determination is not made with respect to a chem-
ical facility of interest within 9 months of the facility 
submitting a Top-Screen, the Secretary shall notify 
the Committees on Homeland Security and Energy 
and Commerce of the House and the Committee on 
Homeland Security and Governmental Affairs of the 
Senate and provide an explanation.’’; and 
(5) in paragraph (6), as redesignated by para-
graph (3) of this subsection— 
(A) in subparagraph (B)(i)(I)— 
(i) in item (aa), by striking ‘‘or’’ at 
the end; 
(ii) in item (bb), by striking ‘‘and’’ 
and inserting ‘‘or’’; and 
(iii) by adding at the end the following 
new item: 
‘‘(cc) 
determined 
that 
a 
chemical facility of interest did 
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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 Facili-
ties from Terrorist Attacks Act of 2019 and end-
ing 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 meas-
ures; and 
‘‘(iii) conduct a compliance inspection, 
including the average length of time inspec-
tors spend on an individual compliance in-
spection;’’; 
(C) in subparagraph (E), by striking ‘‘and’’ 
at the end; 
(D) by redesignating subparagraph (F) as 
subparagraph (I); and 
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(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 iden-
tified 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 sec-
tion (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 in-
terest at or above the minimum concentration listed on Ap-
pendix 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 prod-
uct or mixture does not present a terrorism risk for which 
the chemical of interest contained within the product or 
mixture was included on Appendix A.’’. 
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SEC. 4. PROTECTION AND SHARING OF INFORMATION. 
Section 2103 of the Homeland Security Act of 2002 
(6 U.S.C. 623) is amended— 
(1) by striking subsections (b), (c), and (f); and 
(2) by inserting after subsection (a) the following 
new subsections (b) and (c): 
‘‘(b) AUTHORIZED RECIPIENTS OF INFORMATION.— 
The Secretary shall make available, upon request, informa-
tion protected pursuant to subsection (a) to the following 
recipients: 
‘‘(1) State and local government officials, includ-
ing law enforcement and emergency response pro-
viders, with respect to information on any chemical 
facility of interest within the jurisdiction of the offi-
cial, but only if such information may not be dis-
closed pursuant to any State or local law. 
‘‘(2) Members of Congress. 
‘‘(3) Members of the Chemical Security Advisory 
Committee under section 2010, in the course of con-
ducting official duties and responsibilities as de-
scribed in such section. 
‘‘(4) The Comptroller General of the United 
States. 
‘‘(c) INFORMATION DEVELOPED
FOR OTHER PUR-
POSES.—Nothing in this section shall be construed to pro-
hibit a chemical facility of interest from disclosing informa-
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tion that was not created solely for the purpose of meeting 
the requirements of this title.’’. 
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 Sec-
retary thereunder’’ after ‘‘comply with’’; 
(3) in subsection (c), by inserting ‘‘or other ma-
licious act’’ after ‘‘terrorist incident’’; and 
(4) in subsection (d), by inserting ‘‘, except as 
provided in section 2105(a)(5) regarding whistle-
blower 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 
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Protecting and Securing Chemical Facilities 
from Terrorist Attacks Act of 2014, the Sec-
retary’’ 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 confiden-
tial the identity of and any identifying in-
formation 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 infor-
mation. 
‘‘(B) NOTICE.—In a case in which it is nec-
essary to disclose the identity of or any identi-
fying information relating to an individual who 
submits a report under paragraph (1) because it 
is essential to investigate the information con-
tained in the report or because of compulsory 
legal process, the Secretary shall provide timely 
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advance notice to the individual of such disclo-
sure.’’; 
(C) by amending paragraph (3) to read as 
follows: 
‘‘(3) RESPONSE TO REPORTS.—If a report sub-
mitted under paragraph (1) contains information 
identifying the individual making the report, the Sec-
retary, 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 ac-
knowledge 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 in-
formation received under the procedure estab-
lished 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.’’; 
(ii) in subparagraph (D)— 
(I) by striking ‘‘unless the Sec-
retary determines’’ and inserting ‘‘, ex-
cept that the Secretary may provide for 
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a 30-day extension if the Secretary de-
termines’’; 
(II) by striking ‘‘that the viola-
tion providing a basis for the action 
continues to exist.’’ and inserting 
‘‘that—’’; and 
(III) by adding at the end the fol-
lowing new clauses: 
‘‘(i) the violation providing a basis for 
the action continues to exist; or 
‘‘(ii) such period is insufficient to com-
plete the review of the action.’’; and 
(E) in paragraph (6)— 
(i) in subparagraph (A), by striking 
‘‘discharge an employee or otherwise dis-
criminate 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 
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to, or terms, conditions, or privileges associ-
ated with current or past employment of, 
the employee or former employee because the 
employee or former employee (or an indi-
vidual acting pursuant to a request of the 
employee or former employee) submitted a 
report under paragraph (1).’’; and 
(ii) in subparagraph (B), in the mat-
ter preceding clause (i), by— 
(I) inserting ‘‘or former em-
ployee’’ after ‘‘An employee’’; and 
(II) inserting ‘‘or former employee 
(or an individual acting pursuant to a 
request of the employee or former em-
ployee)’’ 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 in-
vestigation of complaints of reprisals pro-
hibited under subparagraph (A) and for 
remedies for violations of such subpara-
graph. 
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‘‘(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 facil-
ity 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 Secu-
rity Act of 2002 (6 U.S.C. 621 et seq.) is amended by add-
ing 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 ad-
vise 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 Sec-
retary, 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. 
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‘‘(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 fa-
cilities. 
‘‘(G) Cybersecurity and information policy. 
‘‘(2) TERMS.—Each member shall be appointed 
for an initial term of three years and may be re-
appointed for one additional three-year term. 
‘‘(3) CHAIR.—The Committee shall have a chair, 
who shall be selected by the members of the Com-
mittee. 
‘‘(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 im-
provements to the risk tiering methodology for chemical fa-
cilities, the risk-based performance standards for chemical 
facilities, risk reduction strategies, and other aspects of the 
program under this title as the Secretary determines appro-
priate. 
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‘‘(d) INFORMATION PROTECTION.—Members of Advi-
sory 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 meth-
odology for chemical facilities shall have an appropriate se-
curity clearance. 
‘‘(e) ANNUAL REPORT.— 
‘‘(1) SUBMISSION
TO
THE
SECRETARY.—Not 
later than January 30 each year, the chair shall sub-
mit to the Secretary a report on the activities of the 
Committee during the year preceding the year during 
which the report is submitted. 
‘‘(2) SUBMISSION TO CONGRESS.—Not later than 
45 days after receiving a report from the Advisory 
Committee under paragraph (1), the Secretary shall 
provide to the Committees on Homeland Security and 
Energy and Commerce of the House of Representa-
tives and the Committee on Homeland Security and 
Governmental Affairs of the Senate a copy of the re-
port together with any Secretarial feedback on the re-
port. 
‘‘(f) APPLICABILITY OF FACA.—The Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to the Com-
mittee established under this section.’’. 
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(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 CON-
GRESS. 
(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 Con-
gress, an implementation plan outlining how the Secretary 
plans to— 
(1) aggregate, anonymize, and analyze data col-
lected from covered chemical facilities or chemical fa-
cilities of interest to identify practices that such fa-
cilities have employed to successfully reduce or remove 
terrorism-related chemical security risks; 
(2) develop voluntary, publicly available, prac-
tices 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 facil-
ity owners and operators through an appropriate me-
dium or system, including by making such practices 
available to the public to the greatest extent prac-
ticable. 
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(b) REPORT.— 
(1) INITIAL REPORT.—Not later than two years 
after the date of the enactment of this Act, the Sec-
retary 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 col-
lected 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-Depart-
ment of Homeland Security entity for the conduct of an 
independent assessment of— 
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(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 appro-
priate congressional committees a report that includes the 
findings and recommendations of the independent assess-
ment required by subsection (a). 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES.—In 
this section, the term ‘‘appropriate congressional commit-
tees’’ 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. 
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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 compli-
ance 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 pe-
riod preceding the date on which a waiver is re-
quested, 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 con-
gressional committees a report that includes detailed find-
ings regarding the establishment of the process described in 
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subsection (a) and, if appropriate, recommendations for im-
plementation. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES.—In 
this section, the term ‘‘appropriate congressional commit-
tees’’ 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 TIERING METHODOLOGY. 
(a) REVIEW REQUIRED.—The Director of the Cyberse-
curity and Infrastructure Security Agency shall— 
(1) conduct a review of the risk assessment ap-
proach and corresponding tiering methodology for 
covered chemical facilities required pursuant to sec-
tion 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 fea-
tures of the community that could contribute to 
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the consequences of a terrorist attack or exploi-
tation of chemicals of interest; 
(B) the potential effects on the health and 
economic conditions of communities dispropor-
tionately vulnerable to the consequences of a ter-
rorist attack or exploitation of chemicals of in-
terest; and 
(C) the vulnerabilities of chemical facilities 
to 
cybersecurity 
threats, 
including 
the 
vulnerabilities of facilities’ information tech-
nology and operational technology and the im-
plications on the potential for penetration of 
both the physical security and cybersecurity of 
facilities; and 
(2) based on the review under paragraph (1), de-
velop a plan to ensure that when the tiering method-
ology 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 im-
pacts on communities disproportionately vulnerable 
to the consequences of a terrorist attack or exploi-
tation of chemicals of interest are considered. 
(b) REPORT TO CONGRESS.— 
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(1) REPORT ON REVIEW.—Not later than two 
years after the date of the enactment of this Act, the 
Director shall submit to the appropriate congressional 
committees a report on the tiering methodology review 
required under subsection (a). 
(2) SUBMITTAL OF PLAN.— Not later than one 
year after submitting the report under paragraph (1), 
the Director shall submit to the appropriate congres-
sional committees the tiering methodology plan re-
quired under subsection (a)(2). 
(3) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—In this section, the term ‘‘appropriate con-
gressional 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 con-
duct a study and submit to the appropriate congres-
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sional committees a report on the effectiveness of the 
risk-based performance standards used by the Depart-
ment 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 deter-
minations 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 meth-
ods 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 congres-
sional committees a report on— 
(1) how the Secretary of Homeland Security doc-
uments, maintains, and uses information on tiering 
changes pursuant to section 2102(e)(3) of the Home-
land Security Act of 2002 (6 U.S.C. 622(e)(3)); and 
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(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 CHEM-
ICAL SECURITY RISKS.—Not later than three years after 
the date of the enactment of this Act, the Comptroller Gen-
eral 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 commit-
tees’’ 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 
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Security, acting through the Director of the Cybersecurity 
and Infrastructure Security Agency, shall provide a secure 
communications and information technology infrastructure 
or platform that allows owners and operators of covered 
chemical facilities to report, on a voluntary basis, informa-
tion 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 fa-
cilities. 
(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 infor-
mation 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 pre-
scribe regulations to enact a process through which the Sec-
retary can be petitioned to exclude a product or mixture 
under subsection (f) of section 2102 of the Homeland Secu-
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rity 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. VOLUNTARY PROGRAM. 
(a) IN GENERAL.—The Director of Cybersecurity and 
Infrastructure Security of the Department of Homeland Se-
curity may develop a voluntary program for chemical fa-
cilities to address potential security risks at such facilities. 
(b) CONGRESSIONAL NOTIFICATION.—Not less than 15 
days prior to commencing a voluntary program pursuant 
to subsection (a), the Director shall provide notification to 
the Committee on Homeland Security and the Committee 
on Energy and Commerce of the House of Representatives 
and the Committee on Homeland Security and Govern-
mental Affairs of the Senate. 
SEC. 16. STUDY ON LOCAL EMERGENCY RESPONSE CAPAC-
ITY TO RESPOND TO CHEMICAL SECURITY IN-
CIDENTS. 
(a) STUDY REQUIRED.—The Secretary of Homeland 
Security, acting through the Under Secretary for Science 
and Technology, shall conduct a study on how to improve 
training and support for local emergency response providers 
in areas with high concentrations of covered chemical facili-
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ties in how to respond to a terrorist attack on a chemical 
facility. 
(b) FEATURES.—In carrying out the study required 
under subsection (a), the Secretary shall consider, as appro-
priate— 
(1) the degree to which jurisdictions with high 
concentrations of covered chemical facilities have fire, 
police, medical, and other response personnel trained 
and equipped to respond to a terrorist attack on a 
chemical facility and have— 
(A) evacuation and shelter in place proto-
cols tailored to the unique needs of the jurisdic-
tion and the chemical properties of chemicals of 
interest that would be involved in the attack and 
that take into consideration vulnerable popu-
lations, including schools, child care centers, 
nursing facilities, and hospitals; 
(B) community notification and warning 
systems; and 
(C) surge capacities of hospitals and other 
health care facilities in the area; and 
(2) what, if any, distinctions are there in pre-
paredness for a terrorist attack on a chemical facility 
in jurisdictions that rely on volunteers to carry out 
fire, police, medical and other response and jurisdic-
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tions that do not rely, in whole or in part, on volun-
teers; and 
(3) all training, equipment, and support pro-
vided by the Department of Homeland Security to 
local emergency response providers in areas with a 
high concentration of covered chemical facilities and 
chemical facilities of interest. 
(c) SURVEY.—In carrying out the study required 
under subsection (a), the Secretary may partner with a 
non-Departmental entity for the survey of a representative 
sample of emergency response providers in areas with a 
high concentration of covered chemical facilities, chemical 
facilities of interest, or other facilities with large quantities 
of chemicals. 
(d) REPORT.—No later than two years from the date 
on which the Secretary commences the study required under 
subsection (a), the Secretary shall submit to Congress the 
study, accompanied by plans, as appropriate, to— 
(1) improve the Department’s counter-terrorism 
preparedness and response planning, training, and 
equipment efforts to ensure that they are better tai-
lored and resourced to address the unique needs of 
local emergency response providers in areas with a 
high concentration of covered chemical facilities and 
chemical facilities of interest; and 
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(2) improve coordination among Federal, State, 
local, tribal, and territorial government officials in 
emergency planning and response in areas with high 
concentrations of covered chemical facilities, chemical 
facilities of interest, or other facilities with large 
quantities of hazardous chemicals. 
(e) PUBLIC AVAILABILITY.—The report required under 
this section shall be made publicly available, but may in-
clude a classified annex. 
SEC. 17. 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 rea-
son of the enactment of this Act or the amendments made 
by this Act. 
SEC. 18. TERMINATION. 
Section 5 of the Protecting and Securing Chemical Fa-
cilities From Terrorist Attacks Act of 2014 (Public Law 
113–254; 6 U.S.C. 621 note) is amended by striking ‘‘the 
date that is 5 years and 3 months after the effective date 
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 
reauthorize and improve the Chemical Facility 
Anti-Terrorism Standards Program, and for 
other purposes. 
SEPTEMBER 21, 2020 
Committee on Energy and Commerce discharged; com-
mitted to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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