Sec. 3. ASSESSMENT; REPORTS
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## SEC. 3 ASSESSMENT; REPORTS ###
(a)Definitions In this section— ####
(1)the term “Chemical Facility Anti-Terrorism Standards Program” means— #####
(A)the Chemical Facility Anti-Terrorism Standards program initially authorized under section 550 of the Department of Homeland Security Appropriations Act, 2007 (Public Law 109-295; 6 U.S.C. 121 note); and #####
(B)the Chemical Facility Anti-Terrorism Standards Program subsequently authorized under section 2102(a) of the Homeland Security Act of 2002, as added by section 2; ####
(2)the term “Department” means the Department of Homeland Security; and ####
(3)the term “Secretary” means the Secretary of Homeland Security. ###
(b)Third-party Assessment Using amounts appropriated to the Department before the date of enactment of this Act, the Secretary shall commission a third-party study to assess vulnerabilities of covered chemical facilities, as defined in section 2101 of the Homeland Security Act of 2002 (as added by section 2), to acts of terrorism. ###
(c)Reports ####
(1)Report to congress Not later than 18 months after the date of enactment of this Act, 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 a report on the Chemical Facility Anti-Terrorism Standards Program that includes— #####
(A)a certification by the Secretary that the Secretary has made significant progress in the identification of all chemical facilities of interest under section 2102(e)(1) of the Homeland Security Act of 2002, as added by section 2, including— ######
(i)a description of the steps taken to achieve that progress and the metrics used to measure the progress; ######
(ii)information on whether facilities that submitted Top-Screens as a result of the identification of chemical facilities of interest were tiered and in what tiers those facilities were placed; and ######
(iii)an action plan to better identify chemical facilities of interest and bring those facilities into compliance with title XXI of the Homeland Security Act of 2002, as added by section 2; #####
(B)a certification by the Secretary that the Secretary has developed a risk assessment approach and corresponding tiering methodology under section 2102(e)(2) of the Homeland Security Act of 2002, as added by section 2; #####
(C)an assessment by the Secretary of the implementation by the Department of the recommendations made by the Homeland Security Studies and Analysis Institute as outlined in the Institute’s Tiering Methodology Peer Review (Publication Number: RP12-22-02); and #####
(D)a description of best practices that may assist small covered chemical facilities, as defined in section 2108(a) of the Homeland Security Act of 2002, as added by section 2, in the development of physical security best practices. ####
(2)Annual gao report #####
(A)In general During the 3-year period beginning on the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress an annual report that assesses the implementation of this Act and the amendments made by this Act. #####
(B)Initial report Not later than 180 days after the date of enactment of this Act, the Comptroller General shall submit to Congress the first report under subparagraph (A). #####
(C)Second annual report Not later than 1 year after the date of the initial report required under subparagraph (B), the Comptroller General shall submit to Congress the second report under subparagraph (A), which shall include an assessment of the whistleblower protections provided under section 2105 of the Homeland Security Act of 2002, as added by section 2, and— ######
(i)describes the number and type of problems, deficiencies, and vulnerabilities with respect to which reports have been submitted under such section 2105; ######
(ii)evaluates the efforts of the Secretary in addressing the problems, deficiencies, and vulnerabilities described in subsection (a)(1) of such section 2105; and ######
(iii)evaluates the efforts of the Secretary to inform individuals of their rights, as required under subsection
(c)of such section 2105. #####
(D)Third annual report Not later than 1 year after the date on which the Comptroller General submits the second report required under subparagraph (A), the Comptroller General shall submit to Congress the third report under subparagraph (A), which shall include an assessment of— ######
(i)the expedited approval program authorized under section 2102(c)(4) of the Homeland Security Act of 2002, as added by section 2; and ######
(ii)the report on the expedited approval program submitted by the Secretary under subparagraph (I)(ii) of such section 2102(c)(4).
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- Pub. L. 109-295
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