Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2020

Issues related to chemical security legislation General issues related to Cybersecurity General issues related to Chemical Security S. 763 Surface and Maritime Transportation Security Act - To authorize appropriations for FY2018-FY2021 for DHS to award surface transportation preparedness grants, subject to specified certification requirements; S. 300 Pipeline and LNG facility Cybersecurity Preparedness Act - Require the Department of Energy to implement a program to ensure the security, resiliency, and survivability of natural gas pipelines, hazardous liquid pipelines, and liquefied natural gas facilities; H.R. 3256 Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2019 - To reauthorize the Chemical Facility Anti-Terrorism Standards Program (entire bill); S. 3416 Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2020 - To reauthorize the Chemical Facility Anti-Terrorism Standards Program (entire bill); H.R. 6160 To extend the chemical facility anti-terrorism standards program of the Department of Homeland Security (entire bill).

Client expense: $1,790,000 · Firm income: Not reported

Government targets: Energy, Dept of, HOUSE OF REPRESENTATIVES, Labor, Dept of (DOL), Occupational Safety & Health Administration (OSHA), SENATE, White House Office

Legislation surrounding the reauthorization of the Department of Homeland Securitys CFATS program was set to expire on April 18, 2020, at the beginning of the calendar year. On June 13, 2019, U.S. House of Representatives Committee on Homeland Security Subcommittee on Cybersecurity, Infrastructure Protection, and Innovation Chairman Cedric Richmond (D-LA) introduced H.R. 3256, the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2019, along with original cosponsor Committee on Homeland Security Chairman Bennie Thompson (D-MS). NACD remained neutral on the legislation. H.R. 3256 would reauthorize the CFATS program for five years in addition to comprehensive changes to the program that NACD opposed. On March 5, 2020, U.S. Senate Committee on Homeland Security and Governmental Affairs (HSGAC) Chairman Ron Johnson (R-WI) introduced S. 3416, the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2020. S. 3416 would extend the CFATS program for 5-years while also making comprehensive changes to the program in the areas of labor representation, information sharing, and whistleblower protections. NACD remained neutral on the legislation while seeking minor changes to the language in the issue areas above. HSGAC Chairtman Johnson also introduced S. 4096, a bill to extend the Chemical Facility Anti-Terrorism Standards Program of the Department of Homeland Security, and for other purposes. This legislation would provide a clean, 3-year extension of the CFATS program's expiration date. NACD supports this legislation and advocated for its passage. Customs Trade Partnership Against Terrorism (CTPAT)- HR 3719, the CTPAT Reauthorization Act of 2019, was introduced by Rep. Clay Higgins on July 11, 2019. When an entity joins CTPAT, an agreement is made to work with CBP to protect the supply chain, identify security gaps, and implement specific security measures and best practices. Applicants must address a broad range of security topics and present security profiles that list action plans to align security throughout the supply chain. CTPAT members are considered to be of low risk, and are therefore less likely to be examined at a U.S. port of entry - and therefore speeding up the process. NACD Supports reauthorization of the CTPAT program.

Legislation surrounding the regulation of PFAS chemicals. Including that the federal government should implement a consistent approach for assessing and regulating specific PFAS with clear timelines, regulations should be based on sound science, specific PFAS compounds should be regulated based on risk to protect human health and the environment, PFAS chemistries should be regulated independently - not as a single group, and Congress should provide regulatory agencies with the proper oversight and funding necessary to evaluate and address specific priority PFAS. Bills include H.R. 535 - PFAS Action Act of 2019 - introduced by Rep. Debbie Dingell (D), S. 638 - PFAS Action Act of 2019 - introduced by Sen. Tom Carper (D), S. 950 - PFAS Detection Act - introduced by Sen. Debbie Stabenow (D), H.R. 1976 - PFAS Detection Act - introduced by Rep. Dan Kildee (D), S.1105 - PFAS Registry Act - introduced by Jeanne Shaheen (D), H.R. 2195 - PFAS Registry Act - introduced by Rep. Chris Pappas (D), S.675 - Prompt and Fast Action to Stop Damages Act of 2019 - introduced by Sen. Tom Udall (D), and H.R. 1567- Prompt and Fast Action to Stop Damages Act of 2019 - introduced by Rep. Ben Ray Lujan (D). Opposition to H.R. 535 - PFAS Action Act of 2019 - introduced by Rep. Debbie Dingell (D) - The House Committee on Energy and Commerce approved H.R. 535 in November 2019 by a vote of 31 - 19 and a full House vote is expected in 2020. Legislation surrounding the regulation of ethylene oxide. Opposition to companion bills H.R.1152 - no title - introduced by Reps. Schneider (D), Lipinski (D), Foster (D), Casten (D), and Underwood (D) and S.458. - no title - introduced by Sens. Durbin (D-IL) & Duckworth (D-IL). These bills require the Environmental Protection Agency to amend its regulations to revise the standards for the emission of ethylene oxide. Specifically, regulations must be revised based on results from the National Center for Environmental Assessment report titled Evaluation of the Inhalation Carcinogenicity of Ethylene Oxide. These bills also require revisions to apply maximum achievable control technology requirements to chamber exhaust vents. Maximum achievable control technology standards are established for sources of hazardous air pollutants to limit or control emissions. Lastly, these bills he EPA must notify the public of violations under the revised standards, and failure to do so will result in an investigation to assess the health risks and prevent a future failure of notification. Additionally, opposition to H.R. 1165 (introduced by Rep. Bill Foster (D-IL)) and S. 451 (introduced by Sen. Tammy Duckworth (D-IL), the Expanding Transparency of Information and Safeguarding Toxics Act of 2019 or the ETO is Toxic Act. This bill updates requirements for chemicals that pose an adverse public health risk. Specifically, the bill requires the Environmental Protection Agency (EPA) to publish an updated National Air Toxics Assessment once every two years. The assessment uses emissions data to estimate health risks from toxic air pollutants. The bill also requires the EPA to use data from its Integrated Risk Information System when conducting rulemaking with respect to chemicals that have been assessed in the system. For chemicals that are found to pose an adverse health risk, the EPA shall identify and do an additional review on facilities that are significant sources of the chemical to determine whether the facility poses an adverse public health risk. Under the bill, chemicals identified as carcinogenic in the system must have a toxic chemical release form completed by the owner or operator of a facility. Legislation surrounding the reauthorization of the Department of Homeland Securitys CFATS program was set to expire on April 18, 2020, at the beginning of the calendar year. On June 13, 2019, U.S. House of Representatives Committee on Homeland Security Subcommittee on Cybersecurity, Infrastructure Protection, and Innovation Chairman Cedric Richmond (D-LA) introduced H.R. 3256, the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2019, along with original cosponsor Committee on Homeland Security Chairman Bennie Thompson (D-MS). NACD remained neutral on the legislation. H.R. 3256 would reauthorize the CFATS program for five years in addition to comprehensive changes to the program that NACD opposed. On March 5, 2020, U.S. Senate Committee on Homeland Security and Governmental Affairs (HSGAC) Chairman Ron Johnson (R-WI) introduced S. 3416, the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2020. S. 3416 would extend the CFATS program for 5-years while also making comprehensive changes to the program in the areas of labor representation, information sharing, and whistleblower protections. NACD remained neutral on the legislation while seeking minor changes to the language in the issue areas above. HSGAC Chairtman Johnson also introduced S. 4096, a bill to extend the Chemical Facility Anti-Terrorism Standards Program of the Department of Homeland Security, and for other purposes. This legislation would provide a clean, 3-year extension of the CFATS program's expiration date. NACD supports this legislation and advocated for its passage.

General issues related to Cybersecurity General issues related to Chemical Security S. 763 Surface and Maritime Transportation Security Act - To authorize appropriations for FY2018-FY2021 for DHS to award surface transportation preparedness grants, subject to specified certification requirements; S. 300 Pipeline and LNG facility Cybersecurity Preparedness Act - Require the Department of Energy to implement a program to ensure the security, resiliency, and survivability of natural gas pipelines, hazardous liquid pipelines, and liquefied natural gas facilities; H.R. 3256 Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2019 - To reauthorize the Chemical Facility Anti-Terrorism Standards Program (entire bill); S. 3416 Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2020 - To reauthorize the Chemical Facility Anti-Terrorism Standards Program (entire bill); H.R. 6160 To extend the chemical facility anti-terrorism standards program of the Department of Homeland Security (entire bill).

Client expense: $1,740,000 · Firm income: Not reported

S.3416 - Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2020 S.4148 - A bill to extend the Chemical Facility Anti-Terrorism Standards Program of the Department of Homeland Security, and for other purposes Issues related to CFATS reauthorization Issues related to DHS CISA critical worker guidance

Client expense: Not reported · Firm income: $60,000

Government targets: HOUSE OF REPRESENTATIVES, SENATE

Legislation surrounding the regulation of PFAS chemicals. Including that the federal government should implement a consistent approach for assessing and regulating specific PFAS with clear timelines, regulations should be based on sound science, specific PFAS compounds should be regulated based on risk to protect human health and the environment, PFAS chemistries should be regulated independently - not as a single group, and Congress should provide regulatory agencies with the proper oversight and funding necessary to evaluate and address specific priority PFAS. Bills include H.R. 535 - PFAS Action Act of 2019 - introduced by Rep. Debbie Dingell (D), S. 638 - PFAS Action Act of 2019 - introduced by Sen. Tom Carper (D), S. 950 - PFAS Detection Act - introduced by Sen. Debbie Stabenow (D), H.R. 1976 - PFAS Detection Act - introduced by Rep. Dan Kildee (D), S.1105 - PFAS Registry Act - introduced by Jeanne Shaheen (D), H.R. 2195 - PFAS Registry Act - introduced by Rep. Chris Pappas (D), S.675 - Prompt and Fast Action to Stop Damages Act of 2019 - introduced by Sen. Tom Udall (D), and H.R. 1567- Prompt and Fast Action to Stop Damages Act of 2019 - introduced by Rep. Ben Ray Lujan (D). Opposition to H.R. 535 - PFAS Action Act of 2019 - introduced by Rep. Debbie Dingell (D) - The House Committee on Energy and Commerce approved H.R. 535 in November 2019 by a vote of 31 - 19 and a full House vote is expected in 2020. Legislation surrounding the regulation of ethylene oxide. Opposition to companion bills H.R.1152 - no title - introduced by Reps. Schneider (D), Lipinski (D), Foster (D), Casten (D), and Underwood (D) and S.458. - no title - introduced by Sens. Durbin (D-IL) & Duckworth (D-IL). These bills require the Environmental Protection Agency to amend its regulations to revise the standards for the emission of ethylene oxide. Specifically, regulations must be revised based on results from the National Center for Environmental Assessment report titled Evaluation of the Inhalation Carcinogenicity of Ethylene Oxide. These bills also require revisions to apply maximum achievable control technology requirements to chamber exhaust vents. Maximum achievable control technology standards are established for sources of hazardous air pollutants to limit or control emissions. Lastly, these bills he EPA must notify the public of violations under the revised standards, and failure to do so will result in an investigation to assess the health risks and prevent a future failure of notification. Additionally, opposition to H.R. 1165 (introduced by Rep. Bill Foster (D-IL)) and S. 451 (introduced by Sen. Tammy Duckworth (D-IL), the Expanding Transparency of Information and Safeguarding Toxics Act of 2019 or the ETO is Toxic Act. This bill updates requirements for chemicals that pose an adverse public health risk. Specifically, the bill requires the Environmental Protection Agency (EPA) to publish an updated National Air Toxics Assessment once every two years. The assessment uses emissions data to estimate health risks from toxic air pollutants. The bill also requires the EPA to use data from its Integrated Risk Information System when conducting rulemaking with respect to chemicals that have been assessed in the system. For chemicals that are found to pose an adverse health risk, the EPA shall identify and do an additional review on facilities that are significant sources of the chemical to determine whether the facility poses an adverse public health risk. Under the bill, chemicals identified as carcinogenic in the system must have a toxic chemical release form completed by the owner or operator of a facility. Legislation surrounding the reauthorization of the Department of Homeland Securitys CFATS program was set to expire on April 18, 2020, at the beginning of the calendar year. On June 13, 2019, U.S. House of Representatives Committee on Homeland Security Subcommittee on Cybersecurity, Infrastructure Protection, and Innovation Chairman Cedric Richmond (D-LA) introduced H.R. 3256, the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2019, along with original cosponsor Committee on Homeland Security Chairman Bennie Thompson (D-MS). NACD remained neutral on the legislation. H.R. 3256 would reauthorize the CFATS program for five years in addition to comprehensive changes to the program that NACD opposed. On March 5, 2020, U.S. Senate Committee on Homeland Security and Governmental Affairs (HSGAC) Chairman Ron Johnson (R-WI) introduced S. 3416, the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2020. S. 3416 would extend the CFATS program for 5-years while also making comprehensive changes to the program in the areas of labor representation, information sharing, and whistleblower protections. NACD remained neutral on the legislation while seeking minor changes to the language in the issue areas above. On March 27, 2020, H.R. 748 became Public Law Number 116-136 following its passage through the Senate on March 25, 2020, and through the House of Representatives on March 27, 2020. NACD was supportive of this legislation. Specifically, NACD advocated for and was supportive of the inclusion of a 3-month and 5-day of the CFATS program expiration date. Effectively moving the program's expiration date from April 18, 2020, to July 23, 2020. While NACD would have preferred a longer-term extension or comprehensive reauthorization, NACD advocated foremost for Congress to not risk the program expiring while the U.S. and the world are dealing with the impact of COVID-19.

Legislation surrounding the reauthorization of the Department of Homeland Securitys CFATS program was set to expire on April 18, 2020, at the beginning of the calendar year. On June 13, 2019, U.S. House of Representatives Committee on Homeland Security Subcommittee on Cybersecurity, Infrastructure Protection, and Innovation Chairman Cedric Richmond (D-LA) introduced H.R. 3256, the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2019, along with original cosponsor Committee on Homeland Security Chairman Bennie Thompson (D-MS). NACD remained neutral on the legislation. H.R. 3256 would reauthorize the CFATS program for five years in addition to comprehensive changes to the program that NACD opposed. On March 5, 2020, U.S. Senate Committee on Homeland Security and Governmental Affairs (HSGAC) Chairman Ron Johnson (R-WI) introduced S. 3416, the Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2020. S. 3416 would extend the CFATS program for 5-years while also making comprehensive changes to the program in the areas of labor representation, information sharing, and whistleblower protections. NACD remained neutral on the legislation while seeking minor changes to the language in the issue areas above. On March 27, 2020, H.R. 748 became Public Law Number 116-136 following its passage through the Senate on March 25, 2020, and through the House of Representatives on March 27, 2020. NACD was supportive of this legislation. Specifically, NACD advocated for and was supportive of the inclusion of a 3-month and 5-day of the CFATS program expiration date. Effectively moving the program's expiration date from April 18, 2020, to July 23, 2020. While NACD would have preferred a longer-term extension or comprehensive reauthorization, NACD advocated foremost for Congress to not risk the program expiring while the U.S. and the world are dealing with the impact of COVID-19. Customs Trade Partnership Against Terrorism (CTPAT)- HR 3719, the CTPAT Reauthorization Act of 2019, was introduced by Rep. Clay Higgins on July 11, 2019. When an entity joins CTPAT, an agreement is made to work with CBP to protect the supply chain, identify security gaps, and implement specific security measures and best practices. Applicants must address a broad range of security topics and present security profiles that list action plans to align security throughout the supply chain. CTPAT members are considered to be of low risk, and are therefore less likely to be examined at a U.S. port of entry - and therefore speeding up the process. NACD Supports reauthorization of the CTPAT program.

General issues related to Cybersecurity General issues related to Chemical Security S. 763 Surface and Maritime Transportation Security Act - To authorize appropriations for FY2018-FY2021 for DHS to award surface transportation preparedness grants, subject to specified certification requirements; S. 300 Pipeline and LNG facility Cybersecurity Preparedness Act - Require the Department of Energy to implement a program to ensure the security, resiliency, and survivability of natural gas pipelines, hazardous liquid pipelines, and liquefied natural gas facilities; H.R. 3256 Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2019 - To reauthorize the Chemical Facility Anti-Terrorism Standards Program (entire bill); S. 3416 Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2020 - To reauthorize the Chemical Facility Anti-Terrorism Standards Program (entire bill); H.R. 6160 To extend the chemical facility anti-terrorism standards program of the Department of Homeland Security (entire bill).

Client expense: $2,680,000 · Firm income: Not reported

H.R. 3256, the Protecting and Securing Chemical Facilities from Terrorist Attacks Act S.3416, Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2020 Issues related to CFATS reauthorization Issues related to DHS CISA critical worker guidance

Client expense: Not reported · Firm income: $30,000

Government targets: HOUSE OF REPRESENTATIVES, SENATE

H.R. 3256, the Protecting and Securing Chemical Facilities from Terrorist Attacks Act S.3416, Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2020 Issues related to CFATS reauthorization Issues related to DHS CISA critical worker guidance

Client expense: Not reported · Firm income: $20,000

Government targets: Environmental Protection Agency (EPA), HOUSE OF REPRESENTATIVES, SENATE

H.R. 3256, the Protecting and Securing Chemical Facilities from Terrorist Attacks Act; S.3416, Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2020; Issues related to CFATS reauthorization; and Issues related to DHS CISA critical worker guidance

Client expense: $260,000 · Firm income: Not reported

Government targets: Army, Dept of (Other), HOUSE OF REPRESENTATIVES, SENATE, State, Dept of (DOS)

H.R. 3256, the Protecting and Securing Chemical Facilities from Terrorist Attacks Act S.3416, Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2020 Issues related to CFATS reauthorization Issues related to DHS CISA critical worker guidance

Client expense: Not reported · Firm income: $60,000

Government targets: Army, Dept of (Other), HOUSE OF REPRESENTATIVES, SENATE

H.R.370, Pipeline and LNG Facility Cybersecurity Preparedness Act; S.300, Pipeline and LNG Facility Cybersecurity Preparedness Act; H.R.3256, Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2019; S.3416, Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2020; H.R.6160, To extend the chemical facility anti-terrorism standards program of the Department of Homeland Security; A Budget for Americas Future - Presidents Budget FY 2021; S.3045, Cybersecurity Vulnerability Identification and Notification Act of 2019

Client expense: $1,380,000 · Firm income: Not reported

Government targets: Energy, Dept of, Environmental Protection Agency (EPA), Federal Communications Commission (FCC), HOUSE OF REPRESENTATIVES, Office of Management & Budget (OMB), SENATE, Treasury, Dept of, White House Office

H.R. 3256, the "Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2019," legislation to reauthorize the Chemical Facility Anti-Terrorism Standards Program; proposed amendment to include a common access credential under the Personnel Surety Program (no amendment introduced). S. 3416, the "Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2020," legislation to reauthorize the Chemical Facility Anti-Terrorism Standards Program; proposed amendment to include a common access credential under the Personnel Surety Program (no amendment introduced). H.R. 6160, legislation to extend the chemical facility anti-terrorism standards program of the Department of Homeland Security; entire bill. General education regarding the need to increase standardization and harmonization among federal access control, background check, and credentialing programs.

Client expense: Not reported · Firm income: $20,000

Government targets: HOUSE OF REPRESENTATIVES, SENATE

H.R. 3256, the "Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2019," legislation to reauthorize the Chemical Facility Anti-Terrorism Standards Program; entire bill. S. 3416, the "Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2020," legislation to reauthorize the Chemical Facility Anti-Terrorism Standards Program; entire bill. H.R. 6160, legislation to extend the Chemical Facility Anti-Terrorism Standards Program of the Department of Homeland Security; entire bill.

Client expense: Not reported · Firm income: $50,000

Government targets: HOUSE OF REPRESENTATIVES, Labor, Dept of (DOL), Occupational Safety & Health Administration (OSHA), SENATE

EPA - Lead & Copper Rule EPA and NHTSA - Safer Affordable Fuel-Efficient (SAFE) Vehicle Rule H.R. 3256 - Chemical Facility Anti-Terrorism Standards Reauthorization Fuel economy NPRM S. 3416 - Protecting and Securing Chemical Facilities from Terrorist Attacks Act of 2020 H.R. 2741 - Leading Infrastructure for Tomorrows America Act H.R. 4832/ S. 2687 - Low-Income Water Customer Assistance Program H.R. 1428 - Transportation Infrastructure Job Creation Act H.R. 5435 - American Public Lands and Waters Climate Solution Act H.R.?/S.? - Water Resources Development Act (not yet introduced) H.R. ? - Climate Smart Ports (Barragan - not yet introduced) H.R. ? - Climate Resilience Workers (Jayapal - not yet introduced)

Client expense: $10,000 · Firm income: Not reported

Government targets: Environmental Protection Agency (EPA), HOUSE OF REPRESENTATIVES, Natl Highway Traffic Safety Administration (NHTSA), Office of Management & Budget (OMB), SENATE