Title: Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2020
Policy area: Emergency Management

Summary:
Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2020
This bill reauthorizes the Chemical Facility Anti-Terrorism Standards (CFATS) Program of the Department of Homeland Security (DHS) for another five years. The CFATS program regulates high-risk chemical facilities to reduce the risk of terrorist attacks.
Among other requirements, DHS must

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3416 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 3416

 To reauthorize the Chemical Facility Anti-Terrorism Standards Program 
                of the Department of Homeland Security.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 5, 2020

  Mr. Johnson introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
 To reauthorize the Chemical Facility Anti-Terrorism Standards Program 
                of the Department of Homeland Security.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; DEFINITIONS.

    (a) Short Title.--This Act may be cited as the ``Protecting and 
Securing Chemical Facilities from Terrorist Attacks Act of 2020''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents; definitions.
Sec. 2. Definitions.
Sec. 3. Chemical Facility Anti-Terrorism Standards Program 
                            requirements.
Sec. 4. Purpose.
Sec. 5. Employee input regarding security measures.
Sec. 6. Strategy to improve cybersecurity and outreach to local 
                            emergency responders.
Sec. 7. Site security plan assessments.
Sec. 8. Expedited approval program.
Sec. 9. CFATS recognition program.
Sec. 10. Standards for auditors and inspectors.
Sec. 11. Personnel surety program.
Sec. 12. Security risk assessment approach and corresponding tiering 
                            methodology.
Sec. 13. Data collection, recording, and lessons learned.
Sec. 14. Semiannual performance reporting.
Sec. 15. Responsibilities of the Secretary.
Sec. 16. Amendments relating to Appendix A of part 27 of title 6, 
                            United States Code.
Sec. 17. Informal consultations and assessments.
Sec. 18. Protection and sharing of information.
Sec. 19. CFATS regulations.
Sec. 20. Employee awareness.
Sec. 21. Notification relating to the Chemical Facility Anti-Terrorism 
                            Standards Program.
Sec. 22. Bidirectional information sharing platform.
Sec. 23. Updated retrospective estimate on costs.
Sec. 24. CFATS security harmonization waiver program.
Sec. 25. Implementation plan and report to Congress.
Sec. 26. Effective date.
Sec. 27. Termination.
Sec. 28. Technical and conforming amendment.
    (c) Definitions.--In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (B) the Committee on Homeland Security of the House 
                of Representatives; and
                    (C) the Committee on Energy and Commerce of the 
                House of Representatives.
            (2) Chemical facility anti-terrorism standards program.--
        The term ``Chemical Facility Anti-Terrorism Standards Program'' 
        means the Chemical Facility Anti-Terrorism Standards Program 
        established under section 2102(a) of the Homeland Security Act 
        of 2002 (6 U.S.C. 622(a)).
            (3) Chemical facility of interest; chemical of interest; 
        covered chemical facility.--The terms ``chemical facility of 
        interest'', ``chemical of interest'', and ``covered chemical 
        facility'' have the meanings given those terms in section 2101 
        of the Homeland Security Act of 2002 (6 U.S.C. 621), as amended 
        by section 2 of this Act.
            (4) Lessons learned.--The term ``lessons learned'' means 
        the lessons learned, developed, and disseminated by the 
        Secretary under section 2103(e)(4) of the Homeland Security Act 
        of 2002, as added by section 13 of this Act.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.

SEC. 2. DEFINITIONS.

    (a) In General.--Section 2101 of the Homeland Security Act of 2002 
(6 U.S.C. 621) is amended--
            (1) in paragraph (2)(A), by striking ``, as designated 
        under Appendix A to part 27 of title 6, Code of Federal 
        Regulations, or any successor thereto,'';
            (2) by striking paragraph (14);
            (3) by redesignating paragraphs (10) through (13) as 
        paragraphs (13) through (16), respectively;
            (4) by redesignating paragraph (9) as paragraph (11);
            (5) by redesignating paragraphs (3) through (8) as 
        paragraphs (4) through (9), respectively;
            (6) by inserting after paragraph (2) the following:
            ``(3) the term `chemical of interest' means a chemical 
        designated as a chemical of interest under Appendix A to part 
        27 of title 6, Code of Federal Regulations, or any successor 
        thereto;'';
            (7) in paragraph (9), as so redesignated, by striking 
        ``section 2102(c)(4)(B)(i)'' and inserting ``section 2102(c)(4) 
        by the Secretary that identifies specific security measures 
        that are sufficient to meet the risk-based performance 
        standards for facilities in tiers 3 and 4 that elect to utilize 
        the expedited approval program'';
            (8) by inserting after paragraph (9), as so redesignated, 
        the following:
            ``(10) the term `hybrid physical-cybersecurity 
        vulnerability'--
                    ``(A) means a vulnerability in the security of a 
                covered chemical facility that relates to the 
                combination of the physical operations and 
                cybersecurity operations of the covered chemical 
                facility; and
                    ``(B) includes a vulnerability of a covered 
                chemical facility to--
                            ``(i) a physical threat to a cybersecurity 
                        operation affecting the chemical of interest of 
                        the covered chemical facility; or
                            ``(ii) a cybersecurity threat to a physical 
                        operation of the covered chemical facility;'';
            (9) by inserting after paragraph (11), as so redesignated, 
        the following:
            ``(12) the term `security vulnerability assessment' means 
        an assessment of the vulnerabilities of a covered chemical 
        facility to--
                    ``(A) physical threats; and
                    ``(B) cybersecurity threats relating to--
                            ``(i) the information technology or 
                        operational technology of the covered chemical 
                        facility; and
                            ``(ii)(I) a chemical of interest;
                            ``(II) an operation involving a chemical of 
                        interest; or
                            ``(III) a security measure of the covered 
                        chemical facility;'';
            (10) in paragraph (15), as so redesignated, by inserting 
        ``and'' after the semicolon; and
            (11) in paragraph (16), as so redesignated, by striking ``; 
        and'' and inserting a period.
    (b) Conforming Amendments.--Title XXI of the Homeland Security Act 
of 2002 (6 U.S.C. 621 et seq.) is amended--
            (1) in section 2102(e)(5)(B)(i)(I)(bb) (6 U.S.C. 
        622(e)(5)(B)(i)(I)(bb)), as so redesignated by section 13 of 
        this Act, by striking ``section 2101(3)'' and inserting 
        ``section 2101(4)''; and
            (2) in section 2103 (6 U.S.C. 623)--
                    (A) in subsection (a), by inserting ``security'' 
                before ``vulnerability assessments''; and
                    (B) in subsection (d), by inserting ``security'' 
                before ``vulnerability assessments''.

SEC. 3. CHEMICAL FACILITY ANTI-TERRORISM STANDARDS PROGRAM 
              REQUIREMENTS.

    Section 2102(a)(2)(C) of the Homeland Security Act of 2002 (6 
U.S.C. 622(a)(2)(C)) is amended by inserting ``eliminate or mitigate 
physical, cybersecurity, and hybrid physical-cybersecurity 
vulnerabilities in order to'' before ``address''.

SEC. 4. PURPOSE.

    Section 2102(a) of the Homeland Security Act of 2002 (6 U.S.C. 
622(a)) is amended by adding at the end the following:
            ``(3) Purpose.--The purpose of the Chemical Facility Anti-
        Terrorism Standards Program is to--
                    ``(A) enhance the security of the United States by 
                lowering the security risks posed by chemicals 
                designated under Appendix A to part 27 of title 6, 
                United States Code, or any successor thereto, at 
                covered chemical facilities; and
                    ``(B) prevent the chemicals described in 
                subparagraph (A) from being exploited in terrorist 
                attacks.''.

SEC. 5. EMPLOYEE INPUT REGARDING SECURITY MEASURES.

    Section 2102(b) of the Homeland Security Act of 2002 (6 U.S.C. 
622(b)) is amended by striking paragraph (2) and inserting the 
following:
            ``(2) Employee input.--
                    ``(A) In general.--The security vulnerability 
                assessment and site security plan of a covered chemical 
                facility shall include input from not less than 1 
                employee of the covered chemical facility, and, where 
                applicable, 1 employee representative from the 
                bargaining agent at that covered chemical facility, 
                each of whom possesses chemical terrorism vulnerability 
                information training and, in the determination of the 
                security officer of the covered chemical facility, 
                relevant knowledge, experience, or education as 
                pertains to matters of site security.
                    ``(B) Scope of employee consultation.--Any 
                recommendation offered by an employee or employee 
                representative under this paragraph--
                            ``(i) shall be limited to the purpose of 
                        the development of the security vulnerability 
                        assessment and site security plan of the 
                        covered chemical facility as required under 
                        this title; and
                            ``(ii) shall not be considered protected 
                        information or a protected disclosure under 
                        section 2105.
                    ``(C) Employee awareness.--The Secretary shall 
                produce a poster for display in a restricted area of a 
                covered chemical facility that is accessible to 
                employees of the covered chemical facility to inform 
                those employees of the consultation requirements under 
                this paragraph.''.

SEC. 6. STRATEGY TO IMPROVE CYBERSECURITY AND OUTREACH TO LOCAL 
              EMERGENCY RESPONDERS.

    (a) Strategy.--Not later than 1 year after the date of enactment of 
this Act, and every 2 years thereafter, the Secretary shall issue a 
strategy that includes the strategic and operational goals and 
priorities of the Department of Homeland Security for covered chemical 
facilities to improve the cybersecurity of covered chemical facilities 
and the sharing of information with the local emergency manager, the 
local emergency response provider, and any on site emergency response 
provider for a covered chemical facility.
    (b) Contents.--The strategy issued under subsection (a) shall 
include--
            (1) an unclassified assessment of cybersecurity threats 
        relating to--
                    (A) the information technology or operational 
                technology affecting the security risk of a chemical of 
                interest of the covered chemical facility;
                    (B) processes and operations relating to a chemical 
                of interest; and
                    (C) security measures of the covered chemical 
                facility relating to a chemical of interest;
            (2) processes for periodic mitigation of security 
        vulnerabilities, as defined in section 102 of the Cybersecurity 
        Information Sharing Act of 2015 (6 U.S.C. 1501), to the 
        information technology or operational technology affecting the 
        security risk of a chemical of interest of the covered chemical 
        facility to cybersecurity threats that affect the processes and 
        operations relating to a chemical of interest or the security 
        measures of the covered chemical facility relating to a 
        chemical of interest;
            (3) guidance on further improving outreach to the local 
        emergency manager, the local emergency response provider, and 
        any on site emergency response provider for a covered chemical 
        facility, which shall include--
                    (A) a statement of the name or title, 
                organizational affiliation, and phone number of a local 
                emergency manager or local emergency response provider, 
                and any on site emergency response provider, for the 
                covered chemical facility;
                    (B) the documented policy of the covered chemical 
                facility to coordinate access to the facility with the 
                local emergency manager, local emergency response 
                provider, and any on site emergency response provider 
                described in subparagraph (A), for purposes of training 
                and pre-incident planning; and
                    (C) written documentation by the covered chemical 
                facility that the owner or operator has provided the 
                local emergency manager or local emergency response 
                provider with need to know (within the meaning of 
                section 27.400(e) of title 6, Code of Federal 
                Regulations, or any successor thereto) and appropriate 
                chemical-terrorism vulnerability information 
                credentials the name and amount of each chemical of 
                interest held, stored, or manufactured at the covered 
                chemical facility.
    (c) Stakeholder Input.--In issuing the strategy issued under 
subsection (a), the Secretary shall solicit input from covered chemical 
facilities and local emergency managers, local emergency response 
providers, and on site emergency response providers for covered 
chemical facilities.

SEC. 7. SITE SECURITY PLAN ASSESSMENTS.

    Section 2102(c)(3) of the Homeland Security Act of 2002 (6 U.S.C. 
622(c)) is amended--
            (1) in subparagraph (B), by striking ``2014'' and inserting 
        ``2020''; and
            (2) by adding at the end the following:
                    ``(C) Review of compliance.--In approving or 
                disapproving a site security plan under this 
                subsection, the Secretary shall confirm that the 
                covered chemical facility has complied with the 
                employee consultation requirements under subsection 
                (b)(2), including by reviewing and recording compliance 
                with the documentation requirements under subsection 
                (b)(2)(D).''.

SEC. 8. EXPEDITED APPROVAL PROGRAM.

    Section 2102(c)(4) of the Homeland Security Act of 2002 (6 U.S.C. 
622(c)(4)) is amended--
            (1) in subparagraph (A)(i), by striking ``subparagraph 
        (C)'' and inserting ``subparagraph (C)(i)'';
            (2) in subparagraph (B)--
                    (A) in clause (i), by striking ``Not later than'' 
                and all that follows through ``the Secretary shall 
                issue'' and inserting ``The Secretary shall maintain''; 
                and
                    (B) by striking clause (iii);
            (3) in subparagraph (C)--
                    (A) in clause (iii), by redesignating subclauses 
                (I) through (III) as items (aa) through (cc), 
                respectively, and adjusting the margins accordingly;
                    (B) by redesignating clauses (i) through (viii) as 
                subclauses (I) through (VIII), respectively, and 
                adjusting the margins accordingly;
                    (C) in the matter preceding subclause (I), as so 
                redesignated, by striking ``The owner'' and inserting 
                the following:
                            ``(i) In general.--The owner''; and
                    (D) by adding at the end the following:
                            ``(ii) Risk-based performance standards.--
                        In submitting a site security plan and 
                        certification under subparagraph (A)(i), an 
                        owner or operator of an expedited approval 
                        facility shall use the guidance for expedited 
                        approval facilities to determine appropriate 
                        measures for the site security plan of the 
                        expedited approval facility.'';
            (4) in subparagraph (D)--
                    (A) in clause (i), by striking ``subparagraph (C)'' 
                and inserting ``subparagraph (C)(i)''; and
                    (B) in clause (iii)--
                            (i) by striking ``30'' and inserting 
                        ``15''; and
                            (ii) by striking ``subparagraph (C)'' and 
                        inserting ``subparagraph (C)(i)'';
            (5) in subparagraph (E)(i), in the matter preceding 
        subclause (I), by striking ``(C)'' and inserting ``(C)(i)'';
            (6) in subparagraph (F)(i)(I), by striking ``subparagraph 
        (C)'' and inserting ``subparagraph (C)(i)''; and
            (7) by striking subparagraph (I) and inserting the 
        following:
                    ``(I) Notice by the secretary.--The Secretary shall 
                provide notice to each covered chemical facility of the 
                expedited approval program under this paragraph.''.

SEC. 9. CFATS RECOGNITION PROGRAM.

    (a) In General.--Section 2102(c) of the Homeland Security Act of 
2002 (6 U.S.C. 622(c)) is amended by adding at the end the following:
            ``(5) CFATS recognition program.--
                    ``(A) Definitions.--In this paragraph--
                            ``(i) the term `CFATS Recognition Program' 
                        means the program established under 
                        subparagraph (B);
                            ``(ii) the term `participating facility' 
                        means a covered chemical facility that is a 
                        member of a participating industry stewardship 
                        program;
                            ``(iii) the term `participating industry 
                        stewardship program' means an industry 
                        stewardship program that--
                                    ``(I) meets the eligibility 
                                requirements under subparagraph (C)(i); 
                                and
                                    ``(II) is reviewed and certified by 
                                the Secretary to participate in the 
                                CFATS Recognition Program; and
                            ``(iv) the term `sponsor organization' 
                        means the governing body of a participating 
                        industry stewardship program.
                    ``(B) Establishment.--
                            ``(i) In general.--Not later than 2 years 
                        after the date of enactment of the Protecting 
                        and Securing Chemical Facilities from Terrorist 
                        Attacks Act of 2020, the Secretary shall 
                        prescribe regulations, including guidance if 
                        appropriate, to establish a program that shall 
                        be known as the CFATS Recognition Program--
                                    ``(I) with the goal of leveraging 
                                current and future industry stewardship 
                                programs to further enhance the 
                                security at covered chemical 
                                facilities;
                                    ``(II) to provide incentives for 
                                greater regulatory relief while 
                                ensuring that the overarching security 
                                objectives of the Chemical Facility 
                                Anti-Terrorism Standards Program are 
                                satisfied; and
                                    ``(III) under which the Secretary 
                                shall--
                                            ``(aa) establish--

                                                    ``(AA) eligibility 
                                                criteria under 
                                                subparagraph (C)(i) for 
                                                industry stewardship 
                                                programs seeking to 
                                                participate in the 
                                                CFATS Recognition 
                                                Program; and

                                                    ``(BB) performance 
                                                requirements under 
                                                subparagraph (C)(ii) 
                                                for participating 
                                                facilities;

                                            ``(bb) provide incentives 
                                        under subparagraph (C)(iii) to 
                                        encourage participation in the 
                                        CFATS Recognition Program; and
                                            ``(cc) prescribe such 
                                        regulations and guidance as the 
                                        Secretary determines to be 
                                        necessary or appropriate for 
                                        the implementation of the CFATS 
                                        Recognition Program.
                            ``(ii) Interim rules.--The Secretary may 
                        issue the regulations required under clause (i) 
                        by interim final rule to the extent necessary 
                        to expedite the establishment of the CFATS 
                        Recognition Program under that clause.
                            ``(iii) Applicability of other laws.--
                        During the period before the Secretary has met 
                        the deadline under clause (i), in developing 
                        and prescribing, or amending, the regulations 
                        relating to carrying out the CFATS Recognition 
                        Program and collecting information from 
                        industry stewardship programs, sponsor 
                        organizations, and participating facilities, 
                        the Secretary shall not be subject to--
                                    ``(I) section 553 of title 5, 
                                United States Code;
                                    ``(II) subchapter I of chapter 35 
                                of title 44, United States Code; or
                                    ``(III) section 2107(b) of this 
                                Act.
                    ``(C) Eligibility criteria; facility performance 
                requirements; incentives.--
                            ``(i) Eligibility criteria for industry 
                        stewardship programs.--Not later than 2 years 
                        after the date of enactment of the Protecting 
                        and Securing Chemical Facilities from Terrorist 
                        Attacks Act of 2020, the Secretary shall 
                        establish minimum eligibility criteria for 
                        industry stewardship programs desiring to be 
                        considered by the Secretary for participation 
                        in the CFATS Recognition Program that shall 
                        include--
                                    ``(I) a requirement that any 
                                industry stewardship program desiring 
                                to participate in the CFATS Recognition 
                                Program be governed by an industry 
                                association or technical organization 
                                that is an entity described in 
                                paragraph (3) or (6) of section 501(c) 
                                of the Internal Revenue Code of 1986;
                                    ``(II) a documented top management 
                                commitment to chemical facility 
                                security; and
                                    ``(III) criteria relating to--
                                            ``(aa) program auditing 
                                        requirements and frequency;
                                            ``(bb) security 
                                        vulnerability assessment 
                                        requirements and frequency;
                                            ``(cc) security measures 
                                        that align with the risk-based 
                                        performance standards 
                                        established under subsection 
                                        (a)(2)(C); and
                                            ``(dd) reporting required 
                                        to be done by any industry 
                                        stewardship program desiring to 
                                        participate in the CFATS 
                                        Recognition Program.
                            ``(ii) Performance requirements for 
                        participating facilities.--The Secretary shall 
                        require that each participating facility--
                                    ``(I) submit an acknowledgment by 
                                the sponsor organization of the 
                                participating industry steward program, 
                                of which the participating facility is 
                                a member, that the participating 
                                facility is--
                                            ``(aa) a member in good 
                                        standing of the participating 
                                        industry stewardship program; 
                                        and
                                            ``(bb) in full compliance 
                                        with the requirements of the 
                                        participating industry 
                                        stewardship program; and
                                    ``(II) promptly notify the 
                                Secretary if the participating facility 
                                ceases to be--
                                            ``(aa) a member in good 
                                        standing of the participating 
                                        industry stewardship program; 
                                        or
                                            ``(bb) in full compliance 
                                        with the requirements of the 
                                        participating industry 
                                        stewardship program.
                            ``(iii) Program incentives.--Not later than 
                        2 years after the date of enactment of the 
                        Protecting and Securing Chemical Facilities 
                        from Terrorist Attacks Act of 2020, the 
                        Secretary shall--
                                    ``(I) establish incentives for 
                                participation in the CFATS Recognition 
                                Program, which shall include--
                                            ``(aa) a reduction in the 
                                        frequency of compliance 
                                        inspections through adjustments 
                                        to the inspection frequency 
                                        algorithm of the Department, 
                                        except with respect to any 
                                        inspection--

                                                    ``(AA) relating to 
                                                a planned measure in 
                                                the site security plan 
                                                of a participating 
                                                facility that has not 
                                                been fully implemented; 
                                                or

                                                    ``(BB) of a 
                                                participating facility 
                                                that is not in full 
                                                compliance with the 
                                                requirements under the 
                                                Chemical Facility Anti-
                                                Terrorism Standards 
                                                Program;

                                            ``(bb) streamlined 
                                        vulnerability assessment and 
                                        site security plan processes; 
                                        and
                                            ``(cc) any other regulatory 
                                        relief as determined 
                                        appropriate by the Secretary; 
                                        and
                                    ``(II) provide written guidance on 
                                any incentive established under 
                                subclause (I).
                    ``(D) Evaluation.--Not later than 1 year after the 
                date on which the CFATS Recognition Program is 
                established under subparagraph (B)(i), the Secretary 
                shall provide a briefing to the appropriate 
                congressional committees on the progress in carrying 
                out the CFATS Recognition Program.''.
    (b) GAO Review and Report.--
            (1) Review.--Not later than 3 years after the date on which 
        the Secretary establishes the CFATS Recognition Program under 
        paragraph (5) of section 2102(c) of the Homeland Security Act 
        of 2002 (6 U.S.C. 622(c)), as added by subsection (a), the 
        Comptroller General of the United States shall conduct a review 
        of the program, which shall include--
                    (A) an assessment of the effectiveness of the 
                program, including--
                            (i) the result of leveraging industry 
                        stewardship programs to further secure covered 
                        chemical facilities;
                            (ii) any security improvements or 
                        deficiencies at covered chemical facilities 
                        participating in the program; and
                            (iii) the estimated cost savings of the 
                        program to the Federal Government;
                    (B) recommendations on additional incentives that 
                the Secretary should provide for covered chemical 
                facilities participating in the program; and
                    (C) recommendations for any changes to the program.
            (2) Report.--Not later than 270 days after the date on 
        which the Comptroller General of the United States begins the 
        review required under paragraph (1), the Comptroller General 
        shall submit to the appropriate congressional committees a 
        report on the review.

SEC. 10. STANDARDS FOR AUDITORS AND INSPECTORS.

    Section 2102(d)(1) of the Homeland Security Act of 2002 (6 U.S.C. 
622(d)(1)) is amended--
            (1) in subparagraph (D), by inserting ``, or any successor 
        organization,'' after ``Infrastructure Security Compliance 
        Division'' each place that term appears;
            (2) in subparagraph (E)--
                    (A) by redesignating clauses (i) through (vii) as 
                subclauses (I) through (VII), respectively, and 
                adjusting the margins accordingly;
                    (B) in the matter preceding subclause (I), as so 
                redesignated, by striking ``The Secretary'' and 
                inserting the following:
                            ``(i) In general.--The Secretary'';
                    (C) in clause (i), as so designated--
                            (i) in subclause (I), as so redesignated, 
                        by striking the semicolon at the end and 
                        inserting the following: ``that include--
                                            ``(aa) requirements 
                                        relating to training--

                                                    ``(AA) in 
                                                inspection methods 
                                                evaluating performance-
                                                based measures to 
                                                determine whether a 
                                                chemical facility is in 
                                                compliance with this 
                                                title, including 
                                                examples of such 
                                                training; and

                                                    ``(BB) with respect 
                                                to consistency in the 
                                                application of 
                                                inspection methods 
                                                described in subitem 
                                                (AA); and

                                            ``(bb) requirements 
                                        relating to training in 
                                        alternative security plans and 
                                        programs;'';
                            (ii) in subclause (II), as so redesignated, 
                        by inserting ``, including periodic performance 
                        reviews of each such individual'' after 
                        ``retraining requirements'';
                            (iii) in subclause (VI), as so 
                        redesignated, by striking ``and'';
                            (iv) by redesignating subclause (VII), as 
                        so redesignated, as subclause (VIII); and
                            (v) by inserting after subclause (VI), as 
                        so redesignated, the following:
                                    ``(VII) a requirement that each 
                                such individual who is not a trained 
                                auditor or inspector carry out 
                                inspections as a trainee to an 
                                experienced auditor or inspector until 
                                the experienced auditor or inspector 
                                ensures that the trainee is qualified 
                                to carry out any other audit or 
                                inspection under this subsection; 
                                and''; and
                    (D) by adding at the end the following:
                            ``(ii) Annual review.--
                                    ``(I) In general.--Not later than 2 
                                years after the date of enactment of 
                                the Protecting and Securing Chemical 
                                Facilities from Terrorist Attacks Act 
                                of 2020, and every 2 years thereafter, 
                                the Secretary shall conduct a review of 
                                audits and inspections carried out 
                                under this subsection to evaluate the 
                                consistency of the manner in which 
                                auditors and inspectors carry out the 
                                audits and inspections, which shall 
                                include an analysis of any 
                                inconsistency in the manner in which 
                                the auditors and inspectors carry out 
                                the audits and inspections in different 
                                regions of the United States.
                                    ``(II) Briefing.--Not later than 60 
                                days after the date on which each 
                                review is conducted under subclause 
                                (I), the Secretary shall brief the 
                                Committee on Homeland Security and 
                                Governmental Affairs of the Senate and 
                                the Committee on Homeland Security and 
                                the Committee on Energy and Commerce of 
                                the House of Representatives on the 
                                results of the review.
                                    ``(III) Incorporation in 
                                training.--The Secretary shall, as 
                                appropriate, incorporate the findings 
                                of each review under subclause (I) in 
                                developing the standards for the 
                                training and retraining of auditors and 
                                inspectors under clause (i).
                            ``(iii) Definition.--In this subparagraph, 
                        the term `trained auditor or inspector' means 
                        an individual who--
                                    ``(I) has completed the training 
                                required to be an auditor or inspector 
                                used by the Department; and
                                    ``(II) is or was used as an auditor 
                                or inspector by the Department on or 
                                before the date of enactment of the 
                                Protecting and Securing Chemical 
                                Facilities from Terrorist Attacks Act 
                                of 2020.''; and
            (3) by adding at the end the following:
                    ``(G) Evaluation standard.--
                            ``(i) In general.--Not later than 1 year 
                        after the date of enactment of the Protecting 
                        and Securing Chemical Facilities from Terrorist 
                        Attacks Act of 2020, the Secretary shall 
                        develop an official standard to evaluate the 
                        consistency of the manner in which auditors and 
                        inspectors carry out the audits and inspections 
                        under this subsection.
                            ``(ii) Briefing.--Not later than 3 months 
                        after the Secretary develops the standard under 
                        clause (i), the Secretary shall brief the 
                        Committee on Homeland Security and Governmental 
                        Affairs of the Senate and the Committee on 
                        Homeland Security and the Committee on Energy 
                        and Commerce of the House of Representatives on 
                        the standard.''.

SEC. 11. PERSONNEL SURETY PROGRAM.

    (a) In General.--Section 2102(d)(2) of the Homeland Security Act of 
2002 (6 U.S.C. 622(d)(2)) is amended--
            (1) in subparagraph (A)--
                    (A) in clause (i)--
                            (i) by inserting ``to the Secretary for 
                        vetting'' after ``information about an 
                        individual''; and
                            (ii) by striking ``1 time;'' and inserting 
                        the following: ``1 time, except that the 
                        covered chemical facility shall supply 
                        additional information requested by the 
                        Secretary if--
                                    ``(I) any information submitted 
                                about an individual with access to 
                                restricted areas and critical assets--
                                            ``(aa) is incorrect or 
                                        incomplete; or
                                            ``(bb) changes;
                                    ``(II) an individual who previously 
                                had access to restricted areas and 
                                critical assets, no longer has such 
                                access;
                                    ``(III) an individual regains 
                                access to restricted areas and critical 
                                assets; or
                                    ``(IV) the Secretary requests 
                                information to--
                                            ``(aa) verify compliance 
                                        with screening for terrorist 
                                        ties under the Personnel Surety 
                                        Program; or
                                            ``(bb) complete or respond 
                                        to terrorist ties vetting;''; 
                                        and
                    (B) in clause (ii), by inserting ``who will have 
                access to restricted areas and critical assets,'' after 
                ``about an individual'';
            (2) in subparagraph (B)(i)(I), by inserting ``, provided 
        that, if an individual screened through the Federal screening 
        program legally changes his or her name, the owner or operator 
        of the covered chemical facility may not rely on a credential 
        containing the previous name of the individual after the date 
        that 90 days after the date on which the owner or operator is 
        notified of the change in the name of the individual'' before 
        the semicolon; and
            (3) by adding at the end the following:
                    ``(D) Requirement to update.--Not later than 30 
                days after the date on which the Secretary receives 
                additional information requested by the Secretary under 
                subparagraph (A)(i)(I), the Secretary shall update the 
                information accordingly within the terrorist screening 
                database, which shall include removing an individual 
                from the terrorist screening database if the individual 
                no longer has access to a restricted area or critical 
                asset and adding an individual to the terrorist 
                screening database if the individual regains that 
                access.
                    ``(E) Timeline for tier 3 and 4 facilities.--
                            ``(i) In general.--Not later than 7 years 
                        after the date of enactment of the Protecting 
                        and Securing Chemical Facilities from Terrorist 
                        Attacks Act of 2020, the Secretary shall 
                        implement the Personnel Surety Program 
                        established under subparagraph (A) with respect 
                        to covered chemical facilities assigned to tier 
                        3 and tier 4 at which the Personnel Surety 
                        Program is not implemented as of the date of 
                        enactment of the Protecting and Securing 
                        Chemical Facilities from Terrorist Attacks Act 
                        of 2020, except that the Secretary may not, in 
                        any fiscal year, implement the Personnel Surety 
                        Program with respect to more than 15 percent of 
                        such covered chemical facilities, except that 
                        if an owner or operator of any such covered 
                        chemical facility voluntarily chooses to 
                        implement the Personnel Surety Program, such 
                        covered chemical facility shall not be counted 
                        against that percent.
                            ``(ii) Federal information policy.--The 
                        Secretary shall not be subject to subchapter I 
                        of chapter 35 of title 44, United States Code, 
                        until the date that is 3 years after the date 
                        on which clause (i) is implemented.
                    ``(F) Briefing to congress.--Not later than 1 year 
                after the date of enactment of the Protecting and 
                Securing Chemical Facilities from Terrorist Attacks Act 
                of 2020, and annually thereafter until the Personnel 
                Surety Program established under subparagraph (A) is 
                implemented with respect to all covered chemical 
                facilities assigned to tier 3 and 4 at which the 
                Personnel Surety Program is not implemented as of the 
                date of enactment of the Protecting and Securing 
                Chemical Facilities from Terrorist Attacks Act of 2020, 
                the Secretary shall brief the Committee on Homeland 
                Security and Governmental Affairs of the Senate and the 
                Committee on Homeland Security and the Committee on 
                Energy and Commerce of the House of Representatives on 
                the implementation of the Personnel Surety Program, 
                including--
                            ``(i) the effectiveness of the Personnel 
                        Surety Program;
                            ``(ii) the cost of the Personnel Surety 
                        Program; and
                            ``(iii) the results of implementing the 
                        Personnel Surety Program.''.
    (b) Guidance.--Not later than 270 days after the date of enactment 
of this Act, the Secretary shall develop and make publicly available 
written guidance for seasonal employees of covered chemical facilities 
for purposes of complying with the requirements under section 
2102(d)(2) of the Homeland Security Act of 2002 (6 U.S.C. 622(d)(2)), 
as amended by subsection (a).

SEC. 12. SECURITY RISK ASSESSMENT APPROACH AND CORRESPONDING TIERING 
              METHODOLOGY.

    Section 2102(e) of the Homeland Security Act of 2002 (6 U.S.C. 
622(e)) is amended--
            (1) in paragraph (2)(A), by striking ``develop'' and 
        inserting ``maintain''; and
            (2) in paragraph (3)--
                    (A) in subparagraph (B)--
                            (i) by striking ``information on'' and all 
                        that follows through the end and inserting 
                        ``information on--''; and
                            (ii) by adding at the end the following:
                            ``(i) how the Secretary confirmed the 
                        information was the basis for the change or 
                        determination described in subparagraph (A);
                            ``(ii) all relevant inputs and assumptions 
                        under the tiering methodology;
                            ``(iii) the rationale for each of those 
                        relevant inputs and assumptions;
                            ``(iv) the output of the tiering 
                        methodology; and''; and
                    (B) by adding at the end the following:
                    ``(C) Notice.--
                            ``(i) In general.--If an owner or operator 
                        of a chemical facility of interest submits a 
                        Top-Screen and the Secretary has not made a 
                        determination with respect to the tiering of 
                        the chemical facility of interest, or notified 
                        the owner or operator of any specific 
                        deficiency or omission of required information 
                        in the Top-Screen, by the date that is 1 year 
                        after the date on which the owner or operator 
                        submitted the Top-Screen, the Secretary shall, 
                        in writing, notify the owner or operator that--
                                    ``(I) the Secretary has not made 
                                such a determination; and
                                    ``(II) the chemical facility of 
                                interest is no longer pending tiering 
                                determination but, until further 
                                notice, is deemed a chemical facility 
                                of interest.
                            ``(ii) Retroactivity.--With respect to each 
                        owner and operator of a chemical facility of 
                        interest who submitted a Top-Screen on or 
                        before the date that is 1 year before the date 
                        of enactment of the Protecting and Securing 
                        Chemical Facilities from Terrorist Attacks Act 
                        of 2020, if the Secretary has not made a 
                        determination with respect to the tiering of 
                        the chemical facility or notified the owner or 
                        operator of any specific deficiency or omission 
                        of required information in the Top-Screen as of 
                        such date of enactment, the Secretary shall 
                        provide the notification described in clause 
                        (i) to the owner and operator.
                    ``(D) Reports.--
                            ``(i) Reports to chemical facilities.--
                                    ``(I) In general.--Not later than 
                                60 days after the Secretary makes a 
                                determination that tiering for a 
                                covered chemical facility is changed, 
                                or that a covered chemical facility is 
                                no longer subject to the requirements 
                                under this title, the Secretary shall, 
                                upon the request of the owner or 
                                operator of the covered chemical 
                                facility, submit to the owner or 
                                operator of the covered chemical 
                                facility a written report that 
                                contains--
                                            ``(aa) the information 
                                        described in subparagraphs (A) 
                                        and (B); and
                                            ``(bb) a controlled 
                                        unclassified statement--

                                                    ``(AA) of the 
                                                criteria under 
                                                paragraph (2)(B) and 
                                                how the security risk 
                                                of terrorism associated 
                                                with the covered 
                                                chemical facility was 
                                                evaluated under those 
                                                criteria; and

                                                    ``(BB) that 
                                                includes any chemical-
                                                terrorism vulnerability 
                                                information (as defined 
                                                in section 27.105 of 
                                                title 6, Code of 
                                                Federal Regulations, or 
                                                any successor thereto) 
                                                relating to the 
                                                determination.

                                    ``(II) Public disclosure.--Each 
                                report submitted to an owner or 
                                operator of a covered chemical facility 
                                to which the report pertains under 
                                subclause (I) shall be protected from 
                                public disclosure under section 2103.
                            ``(ii) Congressional notification.--If an 
                        owner or operator of a chemical facility of 
                        interest submits a Top-Screen and the Secretary 
                        has not made a determination with respect to 
                        the tiering of the chemical facility of 
                        interest or notified the owner or operator of 
                        any specific deficiency or omission of required 
                        information in the Top-Screen by the date that 
                        is 270 days after the date on which the owner 
                        or operator submitted the Top-Screen, the 
                        Secretary shall submit to the Committee on 
                        Homeland Security and Governmental Affairs of 
                        the Senate and the Committee on Homeland 
                        Security and the Committee on Energy and 
                        Commerce of the House of Representatives--
                                    ``(I) a written notification that 
                                the Secretary has not made the 
                                determination or issued the 
                                notification, as applicable; and
                                    ``(II) an explanation of why the 
                                Secretary has not made the 
                                determination or issued the 
                                notification, as applicable.''.

SEC. 13. DATA COLLECTION, RECORDING, AND LESSONS LEARNED.

    Section 2102(e) of the Homeland Security Act of 2002 (6 U.S.C. 
622(e)), as amended by section 12 of this Act, is amended--
            (1) in paragraph (3)--
                    (A) in subparagraph (A)--
                            (i) by redesignating clauses (i) and (ii) 
                        as clauses (ii) and (iii), respectively;
                            (ii) by inserting before clause (ii), as so 
                        redesignated, the following:
                            ``(i) the Secretary determines that a 
                        facility that was a covered chemical facility 
                        no longer presents a high level of security 
                        risk;''; and
                            (iii) in clause (iii), as so redesignated, 
                        by inserting ``or chemical facility of 
                        interest'' after ``covered chemical facility'';
                    (B) in subparagraph (B), as amended by section 12 
                of this Act, by adding at the end the following:
                            ``(v) any action taken or practice employed 
                        by a facility described in subparagraph (A)(i) 
                        to reduce or remove terrorism-related chemical 
                        security risks.''; and
                    (C) by adding at the end the following:
                    ``(E) Treatment of certain information.--
                            ``(i) Protected information.--Information 
                        described in subparagraph (B) shall be 
                        protected from public disclosure in accordance 
                        with section 2103(a).
                            ``(ii) Federal information policy.--In 
                        collecting information under subparagraph 
                        (B)(v), the Secretary shall not be subject to 
                        subchapter I of chapter 35 of title 44, United 
                        States Code.'';
            (2) by redesignating paragraph (4) as paragraph (5);
            (3) by inserting after paragraph (3) the following:
            ``(4) Lessons learned relating to reducing chemical 
        security risks.--
                    ``(A) In general.--Based on the information 
                maintained under paragraph (3)(B)(v) relating to 
                actions taken and practices employed by facilities 
                described in paragraph (3)(A)(i) to successfully 
                reduce, remove, or otherwise prevent chemical security 
                risks, the Secretary shall--
                            ``(i) develop, and, not less frequently 
                        than every 2 years, update, publicly available 
                        lessons learned that voluntarily may be used to 
                        assist owners and operators of covered chemical 
                        facilities and chemical facilities of interest 
                        in preventing and reducing chemical security 
                        risks; and
                            ``(ii) disseminate the lessons learned and 
                        developed under clause (i) to owners and 
                        operators of covered chemical facilities and 
                        chemical facilities of interest through an 
                        appropriate medium or system, including by 
                        making the lessons learned available to the 
                        public to the greatest extent practicable.
                    ``(B) Treatment of sensitive information.--In 
                developing and disseminating the lessons learned under 
                subparagraph (A), the Secretary shall protect from 
                public disclosure--
                            ``(i) security vulnerability assessments, 
                        site security plans, and all other security-
                        related information, records, and documents; 
                        and
                            ``(ii) any information from which the 
                        identity of the covered chemical facility or 
                        chemical facility of interest could be 
                        reasonably ascertained.''; and
            (4) in paragraph (5)(B)(i)(I), as so redesignated--
                    (A) in item (aa), by striking ``or'';
                    (B) in item (bb), by striking ``and'' and inserting 
                ``or''; and
                    (C) by adding at the end the following:
                                            ``(cc) determined that a 
                                        facility that was a covered 
                                        chemical facility no longer 
                                        presents a high level of 
                                        security risk.''.

SEC. 14. SEMIANNUAL PERFORMANCE REPORTING.

    Section 2102(e)(5) of the Homeland Security Act of 2002, as so 
redesignated by section 13 of this Act, is amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``2014'' and inserting ``2020'';
            (2) by striking subparagraph (C);
            (3) by redesignating subparagraph (D) as subparagraph (C);
            (4) by inserting after subparagraph (C), as so 
        redesignated, the following:
                    ``(D) the effectiveness of the Chemical Facility 
                Anti-Terrorism Standards Program at--
                            ``(i) managing security risks; and
                            ``(ii) developing and using appropriate 
                        metrics and analysis capabilities to measure 
                        risk reduction attributable to the Chemical 
                        Facility Anti-Terrorism Standards Program, 
                        including--
                                    ``(I) analysis capabilities 
                                relating to a reduction in the 
                                vulnerability of high-risk covered 
                                chemical facilities to terrorist 
                                attack; and
                                    ``(II) outcome metrics that measure 
                                cumulative risk reduction over time for 
                                high-risk covered chemical 
                                facilities;'';
            (5) by striking subparagraph (E);
            (6) by redesignating subparagraph (F) as subparagraph (E);
            (7) in subparagraph (E), as so redesignated, by striking 
        the period at the end and inserting a semicolon; and
            (8) by adding at the end the following:
                    ``(F) the number of chemical facilities of interest 
                that have submitted Top-Screens and are awaiting 
                tiering designation;
                    ``(G) with respect to each chemical facility of 
                interest described in subparagraph (F), the number of 
                days during which the tiering designation for the 
                chemical facility of interest has been pending;
                    ``(H) information relating to covered products or 
                mixtures, as defined in paragraph (7)(A), that the 
                Secretary has excluded from the designation as 
                chemicals of interest for purposes of the definition of 
                the term `chemical facility of interest', including--
                            ``(i) the total number of petitions 
                        submitted under the regulations prescribed 
                        under paragraph (5)(C);
                            ``(ii) the total number of covered products 
                        or mixtures that the Secretary has 
                        affirmatively excluded from the designation;
                            ``(iii) the rationale for affirmatively 
                        excluding each covered product or mixture for 
                        which a petition described in clause (i) was 
                        submitted; and
                            ``(iv) the rationale for not affirmatively 
                        excluding each covered product or mixture for 
                        which a petition described in clause (i) was 
                        submitted;
                    ``(I) information related to the security 
                harmonization waiver program established under section 
                2114, including--
                            ``(i) the total number of covered chemical 
                        facilities that have applied for a waiver under 
                        that section;
                            ``(ii) the total number of covered chemical 
                        facilities that the Secretary has granted a 
                        waiver under that section;
                            ``(iii) the total number of waivers applied 
                        for and, separately, total number of waivers 
                        granted for all or part of the regulatory 
                        requirements under this title;
                            ``(iv) the rationale for granting a covered 
                        facility a waiver; and
                            ``(v) the rationale for not granting a 
                        covered chemical facility a waiver; and
                    ``(J) the number of individuals who have been 
                checked for possible ties to terrorism via the 
                terrorist screening database and, of those individuals, 
                the number of positive matches, provided that such 
                information shall be submitted in a separate annex to 
                the report, which may contain national security 
                information, and appropriately safeguarded from public 
                disclosure.''.

SEC. 15. RESPONSIBILITIES OF THE SECRETARY.

    (a) Sharing Information With Emergency Response Providers.--Section 
2102(e) of the Homeland Security Act of 2002 (6 U.S.C. 622(e)), as 
amended by section 13 of this Act, is amended by adding at the end the 
following:
            ``(6) Sharing information with emergency response 
        providers.--
                    ``(A) Definition of fusion center.--In this 
                paragraph, the term `fusion center' has the meaning 
                given the term in section 210A(j).
                    ``(B) Sharing information.--The Secretary shall, in 
                a secure and expeditious manner, make available to 
                State, local, and regional fusion centers and State and 
                local government officials, including officials of 
                State or local law enforcement agencies and emergency 
                response providers, with a need to know (within the 
                meaning of section 27.400(e) of title 6, Code of 
                Federal Regulations, or any successor thereto) with 
                appropriate chemical-terrorism vulnerability 
                information training, such information as the Secretary 
                determines necessary to ensure that emergency response 
                providers are capable to effectively prepare for, 
                respond to, and mitigate chemical security incidents at 
                covered chemical facilities, which shall include, with 
                respect to each covered chemical facility--
                            ``(i) the name of the covered chemical 
                        facility;
                            ``(ii) the address of the covered chemical 
                        facility;
                            ``(iii) the phone number of the covered 
                        chemical facility;
                            ``(iv) the name and Chemical Abstract 
                        Service number of each chemical of interest 
                        used, stored, or manufactured as specified in 
                        the Top-Screen submitted by the covered 
                        chemical facility;
                            ``(v) the quantity and concentration of 
                        each chemical of interest specified in the Top-
                        Screen submitted by the covered chemical 
                        facility; and
                            ``(vi) the name or title, organizational 
                        affiliation, and phone number of a local 
                        emergency manager or local emergency response 
                        provider for the covered chemical facility 
                        specified in the site security plan of the 
                        covered chemical facility.
                    ``(C) Existing platform or website.--
                            ``(i) In general.--In sharing information 
                        under subparagraph (B), the Secretary shall use 
                        a single information technology infrastructure, 
                        information technology platform, online 
                        platform, or website in existence on the date 
                        of enactment of the Protecting and Securing 
                        Chemical Facilities from Terrorist Attacks Act 
                        of 2020.
                            ``(ii) Determination.--When determining 
                        which single infrastructure, platform, or 
                        website to use under clause (i), the Secretary 
                        shall solicit input from covered chemical 
                        facilities, State, local, and regional fusion 
                        centers, and State and local government 
                        officials, including officials of State or 
                        local law enforcement agencies and emergency 
                        response providers.
                    ``(D) Updates.--Not less frequently than every 90 
                days, the Secretary shall update the information shared 
                under subparagraph (B) to include covered chemical 
                facilities in existence as of the date of the update.
                    ``(E) Outreach to first responders.--Concurrent 
                with a compliance inspection or audit conducted at 
                covered chemical facilities under subsection (d)(1), 
                the Secretary or a designee of the Secretary shall--
                            ``(i) contact and notify the local 
                        emergency manager or local emergency response 
                        provider, and any on-site emergency response 
                        provider, identified by the covered chemical 
                        facility that there is a covered chemical 
                        facility in their response area; and
                            ``(ii) inform the response officials 
                        identified by the covered chemical facility of 
                        the available secure communications and 
                        information technology infrastructure platforms 
                        or other mechanisms to obtain additional 
                        information.''.
    (b) Report.--Not later than 270 days after the date of enactment of 
this Act, the Secretary shall report to the appropriate congressional 
committees on the plan of the Secretary to--
            (1) implement the amendment made by subsection (a); and
            (2) in accordance with the amendment made by subsection 
        (a), communicate with emergency response providers with a need 
        to know (within the meaning of section 27.400(e) of title 6, 
        Code of Federal Regulations, or any successor thereto) in a 
        secure and expeditious manner in order to inform the emergency 
        response providers that covered chemical facilities exist in 
        the locations in which the emergency response providers 
        operate.

SEC. 16. AMENDMENTS RELATING TO APPENDIX A OF PART 27 OF TITLE 6, 
              UNITED STATES CODE.

    (a) Specific Products and Mixtures Containing Chemicals of 
Interest.--Section 2102(e) of the Homeland Security Act of 2002 (6 
U.S.C. 622(e)), as amended by section 15 of this Act, is amended by 
adding at the end the following:
            ``(7) Specific products and mixtures containing chemicals 
        of interest.--
                    ``(A) Definition.--In this paragraph, the term 
                `covered product or mixture' means a specific product 
                or mixture that contains a chemical of interest at or 
                above the minimum concentration listed under Appendix A 
                to part 27 of title 6, Code of Federal Regulations, or 
                any successor thereto.
                    ``(B) Exclusion.--Subject to the regulations 
                prescribed under subparagraph (C), the Secretary may 
                exclude a covered product or mixture from the 
                designation as a chemical of interest for the purposes 
                of the definition of the term `chemical facility of 
                interest' if the Secretary determines that the covered 
                product or mixture does not present the same security 
                concern on the basis of which the chemical of interest 
                contained in the covered product or mixture was 
                designated as a chemical of interest.
                    ``(C) Regulations.--
                            ``(i) Authority to prescribe.--Not later 
                        than 1 year after the date of enactment of the 
                        Protecting and Securing Chemical Facilities 
                        from Terrorist Attacks Act of 2020, the 
                        Secretary shall prescribe regulations, 
                        including guidance as necessary, under which--
                                    ``(I) an interested party may 
                                petition the Secretary for exclusion of 
                                a covered product or mixture under 
                                subparagraph (B);
                                    ``(II) during the period beginning 
                                on the effective date of such 
                                regulations, and ending on the date 
                                that is 1 year after such date, not 
                                later than 180 days after an interested 
                                party submits a petition under 
                                subclause (I), the Secretary shall--
                                            ``(aa) determine whether 
                                        the covered product or mixture 
                                        shall be excluded under 
                                        subparagraph (B); and
                                            ``(bb) if the Secretary 
                                        determines that the covered 
                                        product or mixture shall be 
                                        excluded under subparagraph (B) 
                                        and so excludes the covered 
                                        product or mixture;
                                    ``(III) after the date that is 1 
                                year after the effective date of such 
                                regulations, not later than 90 days 
                                after an interested party submits a 
                                petition under subclause (I), the 
                                Secretary shall--
                                            ``(aa) determine whether 
                                        the covered product or mixture 
                                        shall be excluded under 
                                        subparagraph (B); and
                                            ``(bb) if the Secretary 
                                        determines that the covered 
                                        product or mixture shall be 
                                        excluded under subparagraph 
                                        (B)--

                                                    ``(AA) document any 
                                                such determination and 
                                                make publicly available 
                                                on an established and 
                                                secure platform to 
                                                those individuals with 
                                                a need to know within 
                                                the meaning of section 
                                                27.400(e) of title 6, 
                                                Code of Federal 
                                                Regulations, or any 
                                                successor thereto; and

                                                    ``(BB) so exclude 
                                                the covered product or 
                                                mixture; and

                                    ``(IV) if an interested party 
                                submits a petition under subclause (I) 
                                and the Secretary has not made a 
                                determination as to whether the 
                                relevant covered product or mixture 
                                shall be excluded under subparagraph 
                                (B) by the date required under 
                                subclause (II) or (III) of this 
                                subparagraph, as applicable, the 
                                Secretary may extend the period in 
                                which the determination is to be made--
                                            ``(aa) upon the request of 
                                        the interested party; or
                                            ``(bb) if the Secretary 
                                        requires additional time to 
                                        make the determination.
                            ``(ii) Federal information policy.--In 
                        collecting information from petitioners under 
                        this subparagraph, the Secretary shall not be 
                        subject to subchapter I of chapter 35 of title 
                        44, United States Code.''.
    (b) Flammable Liquid Measures.--Not later than 180 days after the 
date of enactment of this Act, the Secretary shall prescribe a 
regulation to amend Appendix A to part 27 of title 6, United States 
Code, to provide that when calculating whether a chemical facility of 
interest holds a release-flammable chemical of interest in an amount 
that meets a threshold quantity, only a release-flammable chemical of 
interest in liquid mixtures with a flammability hazard rating of 4 
under the document entitled ``NFPA 704: Standard System for the 
Identification of the Hazards of Materials for Emergency Response'' 
published in 2017 by the National Fire Protection Association, or any 
successor thereto, shall be included in the calculation.
    (c) Evaluation of Designated Chemicals of Interest.--Section 
2102(e) of the Homeland Security Act of 2002 (6 U.S.C. 622(e)), as 
amended by subsection (a) of this section, is amended by adding at the 
end the following:
            ``(8) Chemicals of interest.--Not later than 180 days after 
        the date of enactment of the Protecting and Securing Chemical 
        Facilities from Terrorist Attacks Act of 2020, and not less 
        frequently than every 5 years thereafter, the Secretary shall--
                    ``(A) review Appendix A to part 27 of title 6, Code 
                of Federal Regulations, or any successor thereto, to 
                determine whether, in the opinion of the Secretary--
                            ``(i) any chemical that is not designated 
                        as a chemical of interest should be designated 
                        as a chemical of interest;
                            ``(ii) any chemical of interest should not 
                        be designated as a chemical of interest; and
                            ``(iii) any chemical amount, concentration, 
                        or threshold quantity described in Appendix A 
                        to part 27 of title 6, Code of Federal 
                        Regulations, or any successor thereto, should 
                        be modified; and
                    ``(B) submit to Congress and publish on the 
                internet website of the Department a report that 
                contains the proposals of the Secretary relating to 
                designations and modifications under subparagraph 
                (A).''.
    (d) Changes to Appendix A to Part 27 of Title 6, Code of Federal 
Regulations.--
            (1) In general.--Title XXI of the Homeland Security Act of 
        2002 (6 U.S.C. 621 et seq.) is amended by adding at the end the 
        following:

``SEC. 2110. CHANGES TO APPENDIX A TO PART 27 OF TITLE 6, CODE OF 
              FEDERAL REGULATIONS.

    ``(a) In General.--The Secretary shall prescribe, through notice 
and comment rulemaking under section 553 of title 5, United States 
Code, regulations relating to any proposed change to Appendix A to part 
27 of title 6, Code of Federal Regulations, or any successor thereto, 
if the Secretary determines that--
            ``(1) a chemical should be designated as a chemical of 
        interest;
            ``(2) a chemical designated as a chemical of interest 
        should not be so designated; or
            ``(3) a chemical amount, concentration, or threshold 
        quantity described in Appendix A to part 27 of title 6, Code of 
        Federal Regulations, or any successor thereto, should be 
        modified.
    ``(b) Interim Rules.--Notwithstanding subsection (a), the Secretary 
may publish in the Federal Register an interim final rule relating to a 
proposed change to Appendix A to part 27 of title 6, Code of Federal 
Regulations, or any successor thereto, if the Secretary determines 
that--
            ``(1) an emergency or immediate threat directly relating to 
        a specific chemical, chemical amount, chemical concentration, 
        and chemical threshold quantity exists; and
            ``(2) the chemical described in paragraph (1) should be 
        designated as a chemical of interest; and
            ``(3) the chemical amount, chemical concentration, and 
        chemical threshold quantity described in paragraph (1) should 
        be designated or modified, as applicable, under Appendix A to 
        part 27 of title 6, Code of Federal Regulations, or any 
        successor thereto.
    ``(c) Duration of Authority.--
            ``(1) In general.--Any proposed change to Appendix A to 
        part 27 of title 6, Code of Federal Regulations, or any 
        successor thereto, published in an interim rule under 
        subsection (b) shall only be in effect for the 180-day period 
        following publication of the interim rule.
            ``(2) Rule making.--If, after the 180-day period described 
        in paragraph (1), the Secretary determines that a chemical 
        designated as a chemical of interest under an interim rule 
        published under subsection (b) should be designated as a 
        chemical interest, the Secretary shall issue a final rule 
        designating the chemical as a chemical of interest in 
        accordance with the notice and comment rule making procedures 
        under section 553 of title 5, United States Code.''.
            (2) Technical and conforming amendment.--The table of 
        contents in section 1(b) of the Homeland Security Act of 2002 
        (Public Law 107-196; 116 Stat. 2135) is amended by inserting 
        after the item relating to section 2109 the following:

``Sec. 2110. Changes to Appendix A to part 27 of title 6, Code of 
                            Federal Regulations.''.
    (e) Explosive Materials.--
            (1) Findings.--Congress finds the following:
                    (A) On September 10, 2007, the Department of 
                Justice submitted comments to the Appendix A to part 27 
                of title 6, Code of Federal Regulations, or any 
                successor thereto, opposing the inclusion of chemicals 
                regulated as explosives under chapter 40 of title 18, 
                United States Code, and stated that it is unnecessarily 
                duplicative, confusing, and ``does not effectively 
                serve to enhance public safety or reduce the risk of 
                criminal or terrorist misuse of explosives.''
                    (B) The Committee on Homeland Security and 
                Governmental Affairs of the Senate has conducted 
                oversight of the Chemical Facility Anti-Terrorism 
                Standards Program (in this paragraph referred to as the 
                ``Program'') throughout the 115th and 116th Congresses 
                and found that duplicative regulations of the Program 
                and the Bureau of Alcohol, Tobacco, Firearms, and 
                Explosives come at a significant and unnecessary cost 
                to the explosives industry.
                    (C) The Government Accountability Office is 
                conducting a review of fragmentation, overlap, and 
                duplication of the Program with other Federal 
                regulatory programs. Preliminary findings of the 
                Government Accountability Office indicate duplication 
                between regulations and elements of the Program and 
                those of the Bureau of Alcohol, Tobacco, Firearms, and 
                Explosives, as the Government Accountability Office 
                found that regulations and elements of the Bureau 
                addressing the storage and maintenance of explosives 
                generally align with 11 of the 18 risk-based 
                performance standards of the Program.
            (2) Amendment to homeland security act of 2002.--
                    (A) In general.--Title XXI of the Homeland Security 
                Act of 2002 (6 U.S.C. 621 et seq.) is amended by 
                striking section 2109 (6 U.S.C. 629) and inserting the 
                following:

``SEC. 2109. EXPLOSIVE MATERIALS.

    ``(a) In General.--The Secretary may not designate any explosive 
material regulated by the Department of Justice under chapter 40 of 
title 18, United States Code, or by the Bureau of Alcohol, Tobacco, 
Firearms, and Explosives under part 555 of title 27, Code of Federal 
Regulations, as a chemical of interest under Appendix A to part 27 of 
title 6, Code of Federal Regulations, or any successor thereto.
    ``(b) Explosive Material Regulated After Designation.--If any 
explosive material that is designated as a chemical of interest under 
Appendix A to part 27 of title 6, Code of Federal Regulations, or any 
successor thereto, becomes regulated by the Department of Justice under 
chapter 40 of title 18, United States Code, or by the Bureau of 
Alcohol, Tobacco, Firearms, and Explosives under part 555 of title 27, 
Code of Federal Regulations, or any successor thereto, the Secretary 
shall remove the designation of such explosive material as a chemical 
of interest.''.
            (3) Technical and conforming amendment.--The table of 
        contents in section 1(b) of the Homeland Security Act of 2002 
        (Public Law 107-196; 116 Stat. 2135) is amended by striking the 
        item relating to section 2109 and inserting the following:

``Sec. 2109. Explosive materials.''.

SEC. 17. INFORMAL CONSULTATIONS AND ASSESSMENTS.

    (a) In General.--Section 2102 of the Homeland Security Act of 2002 
(6 U.S.C. 622) is amended by adding at the end the following:
    ``(f) Informal Consultations and Assessments.--
            ``(1) In general.--The Secretary shall implement a system 
        under which, in accordance with this paragraph and except as 
        provided in paragraph (2), the Secretary shall provide an owner 
        or operator of a covered chemical facility the opportunity for 
        an informal consultation relating to a preliminary deficiency 
        determination under subsection (c) with respect to the covered 
        chemical facility.
                    ``(A) Written explanation and request procedure.--
                            ``(i) Written explanation.--Upon making a 
                        preliminary deficiency determination under 
                        subsection (c) with respect to a site security 
                        plan of a covered chemical facility, the 
                        Secretary shall provide to the owner or 
                        operator of the covered chemical facility a 
                        written explanation of the reasons for the 
                        determination.
                            ``(ii) Request.--Not later than 10 days 
                        after receiving a written explanation of a 
                        preliminary deficiency determination under 
                        clause (i), an owner or operator of a covered 
                        chemical facility may request an informal 
                        consultation with the Secretary to seek a 
                        modification of the preliminary deficiency 
                        determination.
                            ``(iii) Civil enforcement.--Upon receipt of 
                        a request under clause (ii), the Secretary 
                        shall not seek civil enforcement under section 
                        2104 with respect to the preliminary deficiency 
                        determination under subsection (c) of this 
                        section to which the request pertains, except 
                        as provided in subparagraph (D)(ii) of this 
                        paragraph.
                    ``(B) Opportunity for resubmission.--
                            ``(i) In general.--An owner or operator of 
                        a covered chemical facility requesting an 
                        informal consultation under subparagraph 
                        (A)(ii) may, during the period beginning on the 
                        date on which the owner or operator submits the 
                        request and ending at the conclusion of the 
                        informal consultation, submit to the 
                        Secretary--
                                    ``(I) any written explanation, 
                                information, or other materials 
                                relating to the preliminary deficiency 
                                determination under subsection (c) to 
                                which the request pertains; and
                                    ``(II) a revised site security plan 
                                for the covered chemical facility.
                            ``(ii) Consideration.--The Secretary shall 
                        take into consideration any written 
                        explanation, information, other materials, or 
                        revised site security plan submitted by an 
                        owner or operator under clause (i) in--
                                    ``(I) reviewing the preliminary 
                                deficiency determination under 
                                subsection (c); and
                                    ``(II) assessing a revised site 
                                security plan for the covered chemical 
                                facility.
                    ``(C) Scheduling.--Upon receipt of a request under 
                subparagraph (A)(ii) by an owner or operator of a 
                covered chemical facility, the Secretary shall arrange 
                for an informal consultation with the owner or 
                operator--
                            ``(i) not later than 30 days after the date 
                        on which the Secretary receives the request; 
                        and
                            ``(ii) by telephone or electronic means, or 
                        at a location of mutual convenience.
                    ``(D) Determination.--
                            ``(i) In general.--Not later than 30 days 
                        after an informal consultation with an owner or 
                        operator of a covered chemical facility under 
                        this paragraph, the Secretary, taking into 
                        consideration the information submitted by the 
                        owner or operator under subparagraph (B)--
                                    ``(I) shall assess the preliminary 
                                deficiency determination under 
                                subsection (c);
                                    ``(II) may modify the preliminary 
                                deficiency determination under 
                                subsection (c), in whole or in part; 
                                and
                                    ``(III) shall issue a formal 
                                determination with respect to the site 
                                security plan of the covered chemical 
                                facility.
                            ``(ii) Civil enforcement.--If, after a 
                        final determination under clause (i), the 
                        Secretary determines that the covered chemical 
                        facility to which the final determination 
                        pertains is not in compliance with this title, 
                        the Secretary shall proceed with civil 
                        enforcement under section 2104(a)(1), as 
                        appropriate.
            ``(2) Emergency or exigent circumstances.--The Secretary 
        shall not be required to comply with a request for an informal 
        consultation under paragraph (1) if the Secretary determines 
        that an emergency or exigent circumstance necessitates 
        immediate enforcement with respect to a covered chemical 
        facility under section 2104.''.
    (b) Conforming Amendment.--Section 2104(a)(1) of the Homeland 
Security Act of 2002 (6 U.S.C. 624(a)(1)) is amended, in the matter 
preceding subparagraph (A), by striking ``If the Secretary'' and 
inserting ``Subject to section 2102(f), if the Secretary''.

SEC. 18. PROTECTION AND SHARING OF INFORMATION.

    Section 2103(f) of the Homeland Security Act of 2002 (6 U.S.C. 
623(f)) is amended--
            (1) in the subsection heading, by inserting ``and the 
        Comptroller General'' after ``Congress'';
            (2) by inserting ``or the Comptroller General of the United 
        States'' before ``in response''; and
            (3) by inserting ``or the Comptroller General, 
        respectively'' before the period at the end.

SEC. 19. CFATS REGULATIONS.

    Section 2107(b) of the Homeland Security Act of 2002 (6 U.S.C. 
627(b)) is amended--
            (1) in paragraph (1), by inserting ``(Public Law 113-254; 
        128 Stat. 2919)'' after ``2014''; and
            (2) in paragraph (2), by striking ``2014'' and inserting 
        ``2020''.

SEC. 20. EMPLOYEE AWARENESS.

    (a) In General.--Title XXI of the Homeland Security Act of 2002 (6 
U.S.C. 621 et seq.), as amended by section 16 of this Act, is amended 
by adding at the end the following:

``SEC. 2111. EMPLOYEE AWARENESS.

    ``Not later than 180 days after the date of enactment of the 
Protecting and Securing Chemical Facilities from Terrorist Attacks Act 
of 2020, the Secretary shall produce a poster--
            ``(1) that each owner or operator of a covered chemical 
        facility shall display in a restricted area of the covered 
        chemical facility accessible to individuals who have access to 
        restricted areas or critical assets; and
            ``(2) that provides to the individuals described in 
        paragraph (1) information relating to--
                    ``(A) reporting potential concerns under this 
                title; and
                    ``(B) whistleblower protections under section 
                2105.''.
    (b) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (Public Law 107-196; 
116 Stat. 2135) is amended by inserting after the item relating to 
section 2110 the following:

``Sec. 2111. Employee awareness.''.

SEC. 21. NOTIFICATION RELATING TO THE CHEMICAL FACILITY ANTI-TERRORISM 
              STANDARDS PROGRAM.

    (a) In General.--Title XXI of the Homeland Security Act of 2002 (6 
U.S.C. 621 et seq.), as amended by section 20 of this Act, is amended 
by adding at the end the following:

``SEC. 2112. NOTIFICATION.

    ``(a) Definition.--In this section, the term `recipient' means any 
facility to which a covered chemical facility sells or distributes a 
chemical of interest.
    ``(b) Development and Provision of Notification Relating to the 
Chemical Facility Anti-Terrorism Standards Program.--Not later than 30 
days after the date of enactment of the Protecting and Securing 
Chemical Facilities from Terrorist Attacks Act of 2020, the Secretary 
shall develop a notification--
            ``(1) that each covered chemical facility may, in 
        consultation with the Secretary, provide to each recipient at 
        the time at which the covered chemical facility sells or 
        distributes a chemical of interest to the recipient; and
            ``(2) that is sufficient to, with respect to the recipient 
        described in paragraph (1)--
                    ``(A) make the recipient aware of the Chemical 
                Facility Anti-Terrorism Standards Program; and
                    ``(B) notify the recipient that the recipient may 
                be required to submit a Top-Screen as a result of the 
                receipt of a chemical of interest by the recipient.''.
    (b) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 
116 Stat. 2135) is amended by inserting after the item relating to 
section 2111 the following:

``Sec. 2112. Notification.''.

SEC. 22. BIDIRECTIONAL INFORMATION SHARING PLATFORM.

    (a) In General.--Title XXI of the Homeland Security Act of 2002 (6 
U.S.C. 621 et seq.), as amended by section 21 of this Act, is amended 
by adding at the end the following:

``SEC. 2113. BIDIRECTIONAL INFORMATION SHARING PLATFORM.

    ``(a) In General.--Not later than 120 days after the date of 
enactment of the Protecting and Securing Chemical Facilities from 
Terrorist Attacks Act of 2020, the Secretary shall provide a secure 
communications and information technology infrastructure, platform, or 
other mechanism that allows covered chemical facilities to report, on a 
voluntary basis, information on suspicious activities, including 
threats posed by unmanned aircraft systems (as defined in section 44801 
of title 49, United States Code).
    ``(b) Information Sharing With Federal Entities.--The Secretary 
shall share information received under subsection (a) with appropriate 
Federal entities to inform and support a common threat picture across 
the Federal Government.
    ``(c) Information Sharing With Chemical Facility Owners and 
Operators.--The Secretary shall share with owners and operators of 
chemical facilities of interest information resulting in an elevated 
threat environment for chemical facilities.
    ``(d) Platform Capabilities.--The Secretary shall ensure that the 
secure communications and information technology infrastructure, 
platform, or other mechanism established under subsection (a) is 
designed to support data mining and other advanced analytic tools to 
access, receive, and analyze data and information to facilitate the 
reporting of the information described in subsection (a).
    ``(e) Existing Platform or Website.--The Secretary may maintain the 
secure communications and information technology infrastructure or 
platform required under subsection (a) on an online platform or website 
in existence on the date of enactment of the Protecting and Securing 
Chemical Facilities from Terrorist Attacks Act of 2020.''.
    (b) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 
116 Stat. 2135) is amended by inserting after the item relating to 
section 2112 the following:

``Sec. 2113. Bidirectional information sharing platform.''.

SEC. 23. UPDATED RETROSPECTIVE ESTIMATE ON COSTS.

    (a) Updated Retrospective Estimate on Costs.--Not later than 1 year 
after the date of enactment of this Act, the Secretary shall complete a 
retrospective estimate of the costs, including costs to the Government, 
regulated entities, and the public, of carrying out the Chemical 
Facility Anti-Terrorism Standards Program during the period beginning 
on the first day of fiscal year 2006 and ending on the last day of 
fiscal year 2020.
    (b) Repeal.--Section 3 of the Protecting and Securing Chemical 
Facilities from Terrorist Attacks Act of 2014 (Public Law 113-254; 128 
Stat. 2917) is repealed.

SEC. 24. CFATS SECURITY HARMONIZATION WAIVER PROGRAM.

    (a) In General.--Title XXI of the Homeland Security Act of 2002 (6 
U.S.C. 621 et seq.), as amended by section 22 of this Act, is amended 
by adding at the end the following:

``SEC. 2114. SECURITY HARMONIZATION WAIVER PROGRAM.

    ``(a) In General.--Subject to the regulations prescribed under 
subsection (f), the Secretary shall establish a waiver program to 
harmonize with the security mandates of other Federal regulatory 
programs under which an owner or operator of a covered chemical 
facility may apply to the Secretary to waive all or part of the 
regulatory requirements under this title.
    ``(b) Procedures To Grant Waiver.--Not later than 180 days after 
the date on which an owner or operator of a covered chemical facility 
submits an application for a waiver under subsection (a), the Secretary 
shall grant the waiver if the covered chemical facility is subject to 
the security requirements of another Federal regulatory program that 
the Secretary determines--
            ``(1) have the effect intended by the risk-based 
        performance standards to which the covered chemical facility is 
        subject under this title; or
            ``(2) are substantially equivalent to or exceed those risk-
        based performance standards.
    ``(c) Procedures To Deny Waiver.--The Secretary shall deny an 
application submitted by an owner or operator of a covered chemical 
facility for a waiver under subsection (a) if the Secretary determines 
that--
            ``(1) the risk-based performance standard to which the 
        covered chemical facility is subject under this title are not 
        met by the security requirements of another Federal regulatory 
        program under which the owner or operator of a covered chemical 
        facility is required to comply;
            ``(2) following the administrative proceedings of the other 
        Federal regulatory program described in paragraph (1), the 
        covered chemical facility is determined to not be in compliance 
        with the security requirements of the other Federal regulatory 
        program, as demonstrated through inspections, audits, or other 
        supporting evidence by the Federal agency with jurisdiction for 
        enforcing the security requirements under the other Federal 
        regulatory program; or
            ``(3) during the 3-year period ending on the date on which 
        the owner or operator of the covered chemical facility submits 
        an application for the waiver, the covered chemical facility 
        has been found to be--
                    ``(A) the subject of a civil or criminal 
                enforcement action brought by the other Federal 
                regulatory program; and
                    ``(B) non-compliant with the regulatory 
                requirements under this title and the security mandates 
                of the other Federal regulatory program.
    ``(d) Waiver Duration.--
            ``(1) In general.--A waiver granted under subsection (b) 
        shall be valid unless the Secretary determines that the owner 
        or operator of a covered chemical facility is ineligible for a 
        waiver in accordance with paragraph (1), (2), or (3) of 
        subsection (c).
            ``(2) Written verification.--A covered chemical facility 
        that is granted a waiver under subsection (b) shall, not later 
        than 18 months after the waiver is granted and every 18 months 
        thereafter, provide written verification to the Secretary that, 
        to the satisfaction of the Secretary, demonstrates the covered 
        chemical facility--
                    ``(A) is in compliance with the security 
                requirements of the other Federal regulatory program; 
                and
                    ``(B) has not been the subject of a civil or 
                criminal enforcement action brought by the another 
                Federal regulatory program.
    ``(e) Redress.--If the Secretary denies a waiver requested by an 
owner or operator of a covered chemical facility under subsection (c) 
or a waiver is determined to be no longer valid under subsection (d)--
            ``(1) the Secretary shall, not later than 90 days after the 
        date on which the application for a waiver is submitted or the 
        date on which the Secretary invalidates the waiver, provide the 
        owner or operator of the covered chemical facility a 
        justification for the denial or invalidation; and
            ``(2) the Secretary shall provide an opportunity for the 
        process of informal consultation relating to a preliminary 
        deficiency determination under section 2101.
    ``(f) Regulations.--
            ``(1) Interim regulations.--Not later than 1 year after the 
        date of enactment of the Protecting and Securing Chemical 
        Facilities from Terrorist Attacks Act of 2020, the Secretary 
        shall develop and issue interim final regulations, including 
        guidance as necessary, under which an owner or operator of a 
        covered chemical facility may apply to the Secretary for a 
        waiver under subsection (a).
            ``(2) Final regulations.--Not later than 2 years after 
        enactment of the Protecting and Securing Chemical Facilities 
        from Terrorist Attacks Act of 2020, and after consideration of 
        comments received in response to the interim final regulations, 
        the Secretary shall develop and issue a detailed final 
        regulation for the waiver program under this section.
    ``(g) GAO Review.--Not later than 3 years after the effective date 
of the interim final regulation prescribed under subsection (f)(1), the 
Comptroller General of the United States shall submit to the 
appropriate congressional committees a report on the waiver program 
under this section, including--
            ``(1) how effectively the Secretary has implemented the 
        waiver program under this section, and recommendations for 
        improvements;
            ``(2) the extent to which the waiver program under this 
        section has--
                    ``(A) resulted in cost savings to the whole of the 
                Federal Government and covered chemical facilities; and
                    ``(B) created any security improvements or 
                deficiencies at covered chemical facilities;
            ``(3) recommendations for the Secretary to waive covered 
        chemical facilities subject to the security requirements under 
        other Federal regulatory programs and remove chemicals of 
        interest from Appendix A to part 27 of title 6, Code of Federal 
        Regulations, or any successor thereto, that are covered by the 
        security requirements of other Federal regulatory programs; and
            ``(4) any other issues as determined appropriate by the 
        Comptroller General.''.
    (b) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296; 
116 Stat. 2135) is amended by inserting after the item relating to 
section 2113 the following:

``Sec. 2114. Security harmonization waiver program.''.

SEC. 25. IMPLEMENTATION PLAN AND REPORT TO CONGRESS.

    (a) Implementation Plan.--Not later than 180 days after the date of 
enactment of this Act, the Secretary shall develop and submit to the 
appropriate congressional committees an implementation plan that 
describes how the Secretary plans to--
            (1) aggregate, anonymize, and analyze data that the 
        Secretary collects under section 2102(e)(3)(B)(ii) of the 
        Homeland Security Act of 2002, as added by section 12 of this 
        Act;
            (2) develop the lessons learned; and
            (3) disseminate the lessons learned under section 
        2102(e)(4)(A)(ii) of the Homeland Security Act of 2002, as 
        added by section 13 of this Act.
    (b) Report.--
            (1) Initial report.--Not later than 2 years after the date 
        of enactment of this Act, the Secretary shall submit to the 
        appropriate congressional committees and the Comptroller 
        General of the United States a report that includes--
                    (A) a description of--
                            (i) the status of implementing the plan 
                        developed under subsection (a);
                            (ii) the lessons learned as of the date on 
                        which the Secretary submits the report; and
                            (iii) the system or medium used to 
                        disseminate the lessons learned under section 
                        2102(e)(4)(A)(ii) of the Homeland Security Act 
                        of 2002, as added by section 13 of this Act;
                    (B) a detailed summary of--
                            (i) the reports and other information 
                        generated under section 2102(e)(3) of the 
                        Homeland Security Act of 2002 (6 U.S.C. 
                        623(e)(3)), as amended by this Act; and
                            (ii) the lessons learned developed and 
                        disseminated under section 2102(e)(4) of the 
                        Homeland Security Act of 2002, as added by 
                        section 13 of this Act; and
                    (C) to the extent feasible, information relating 
                to, with respect to covered chemical facilities and 
                chemical facilities of interest that implemented the 
                lessons learned developed and disseminated under 
                section 2102(e)(4) of the Homeland Security Act of 
                2002, as added by section 13 of this Act--
                            (i) actions taken by the covered chemical 
                        facilities and chemical facilities of interest 
                        to implement the lessons learned; and
                            (ii) results produced because the covered 
                        chemical facilities and chemical facilities of 
                        interest implemented the lessons learned.
            (2) Annual updates.--
                    (A) In general.--Not later than 1 year after the 
                date on which the Secretary submits the initial report 
                under paragraph (1), and annually thereafter, the 
                Secretary shall submit to the appropriate congressional 
                committees a report that includes, with respect to the 
                period for which the report is submitted--
                            (i) information relating to--
                                    (I) each change to the lessons 
                                learned made during that period, and 
                                the basis for the change;
                                    (II) any feedback collected during 
                                that period from owners and operators 
                                of covered chemical facilities and 
                                chemical facilities of interest 
                                regarding the extent to which the 
                                owners and operators implemented the 
                                lessons learned;
                                    (III) the impact the dissemination 
                                of the lessons learned has had on the 
                                effectiveness of the Chemical Facility 
                                Anti-Terrorism Standards Program during 
                                that period; and
                            (ii) the information described in 
                        subparagraphs (B) and (C) of paragraph (1).
                    (B) Obtaining information.--In obtaining 
                information from covered chemical facilities and 
                chemical facilities of interest under subparagraph (A), 
                the Secretary shall create, subject to approval from 
                the Director of the Office of Management and Budget, a 
                voluntary feedback survey.

SEC. 26. EFFECTIVE DATE.

    This Act, and the amendments made by this Act, shall take effect on 
the date that is 30 days after the date of enactment of this Act.

SEC. 27. TERMINATION.

    (a) In General.--The authority provided under title XXI of the 
Homeland Security Act of 2002 (6 U.S.C. 621 et seq.), as amended by 
this Act, shall terminate on the date that is 5 years after the 
effective date of this Act.
    (b) Conforming Repeals.--
            (1) Protecting and securing chemical facilities from 
        terrorist attacks act of 2014.--Section 5 of the Protecting and 
        Securing Chemical Facilities from Terrorist Attacks Act of 2014 
        (Public Law 113-254; 6 U.S.C. 621 note) is repealed.
            (2) Chemical facility anti-terrorism standards program 
        extension act.--The Chemical Facility Anti-Terrorism Standards 
        Program Extension Act (Public Law 116-2; 133 Stat. 5) is 
        repealed.

SEC. 28. TECHNICAL AND CONFORMING AMENDMENT.

    The table of contents in section 1(b) of the Homeland Security Act 
of 2002 (Public Law 107-196; 116 Stat. 2135) is amended, in the item 
relating to section 2103, by striking the em dash at the end.
                                 <all>