II 

109TH CONGRESS 

2D SESSION S. 2486 

To ensure that adequate actions are taken to detect, prevent, and minimize 

the consequences of chemical releases that result from terrorist attacks 

and other criminal activity that may cause substantial harm to public 

health and safety and the environment. 

IN THE SENATE OF THE UNITED STATES 

MARCH 30, 2006 

Mr. LAUTENBERG (for himself, Mr. OBAMA, Mr. KERRY, Mr. MENENDEZ, Mr. 

DURBIN, and Mr. BIDEN) introduced the following bill; which was read 

twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To ensure that adequate actions are taken to detect, prevent, 

and minimize the consequences of chemical releases that 

result from terrorist attacks and other criminal activity 

that may cause substantial harm to public health and 

safety and the environment. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Chemical Security and 

5 Safety Act of 2006’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds that— 

3 (1) the Federal Bureau of Investigation, the 

4 Department of Justice, the Department of Home5 land Security, the Government Accountability Office, 

6 the Environmental Protection Agency, the Congres7 sional Research Service, and the Agency for Toxic 

8 Substances and Disease Registry believe that the 

9 possibility of terrorist and criminal attacks on chem10 ical plants poses a serious threat to public health 

11 and safety and the environment; 

12 (2) there are significant opportunities to pre13 vent harmful consequences of criminal attacks on 

14 chemical plants by employing inherently safer tech15 nologies in the manufacture and use of chemicals; 

16 (3) inherently safer technologies may offer in17 dustry substantial savings by reducing the need for 

18 site security, secondary containment, buffer zones, 

19 mitigation, evacuation plans, regulatory compliance, 

20 and liability insurance; and 

21 (4) owners and operators of chemical plants 

22 have a general duty to design, operate, and maintain 

23 safe facilities to prevent criminal activity that may 

24 result in harm to public health or safety or the envi25 ronment. 


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1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) ADMINISTRATOR.—The term ‘‘Adminis4 trator’’ means the Administrator of the Environ5 mental Protection Agency. 

6 (2) CLASSIFIED INFORMATION.—The term 

7 ‘‘classified information’’ has the meaning given the 

8 term in section 1 of the Classified Information Pro9 cedures Act (18 U.S.C. App.). 

10 (3) COMMITTEE.—The term ‘‘Committee’’ 

11 means a committee established under section 7(a). 

12 (4) COMMITTEE-ELIGIBLE EMPLOYEE.—The 

13 term ‘‘committee-eligible employee’’ means an em14 ployee who— 

15 (A) is not an independent contractor, sub16 contractor, or consultant; 

17 (B) is not employed by an off-site company 

18 affiliated with the owner or operator of the rel19 evant stationary source; and 

20 (C) does not have supervisory or manage21 rial responsibilities at the relevant stationary 

22 source. 

23 (5) COMMITTEE-ELIGIBLE STATIONARY

24 SOURCE.—The term ‘‘committee-eligible stationary 

25 source’’ means a stationary source that has 15 or 

26 more full-time equivalent employees. 


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1 (6) CRIMINAL RELEASE.—The term ‘‘criminal 

2 release’’ means— 

3 (A) a release of a substance of concern 

4 from a stationary source into the environment 

5 that is caused, in whole or in part, by a crimi6 nal act, including an act of terrorism; and 

7 (B) a release into the environment of a 

8 substance of concern that has been removed 

9 from a stationary source, in whole or in part, 

10 by a criminal act, including an act of terrorism. 

11 (7) DESIGN, OPERATION, AND MAINTENANCE

12 OF SAFE FACILITIES.—The term ‘‘design, operation, 

13 and maintenance of safe facilities’’ means, with re14 spect to the facilities at a stationary source, the 

15 practices of preventing or reducing the possibility of 

16 releasing a substance of concern— 

17 (A) through use of inherently safer tech18 nology, to the maximum extent practicable; 

19 (B) through secondary containment, con20 trol, or mitigation equipment, to the maximum 

21 extent practicable; 

22 (C) by— 

23 (i) making the facilities impregnable 

24 to intruders, to the maximum extent prac25 ticable; and 


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1 (ii) improving site security and em2 ployee training, to the maximum extent 

3 practicable; 

4 (D) through the use of buffer zones be5 tween the stationary source and surrounding 

6 populations (including buffer zones between the 

7 stationary source and residences, schools, hos8 pitals, senior centers, shopping centers and 

9 malls, sports and entertainment arenas, public 

10 roads and transportation routes, and other pop11 ulation centers); 

12 (E) through increased coordination with 

13 State and local emergency officials, law enforce14 ment agencies, and first responders, to the 

15 maximum extent practicable; and 

16 (F) through outreach to the surrounding 

17 community, to the maximum extent practicable. 

18 (8) EMPLOYEE.— 

19 (A) IN GENERAL.—Except as provided in 

20 subparagraph (B), the term ‘‘employee’’ means 

21 any individual employed by the owner or oper22 ator of a stationary source that produces, proc23 esses, handles, or stores a substance of concern. 

24 (B) TRAINING.—For purposes of section 8, 

25 the term ‘‘employee’’ includes any employee of 


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1 a construction or maintenance contractor work2 ing at a stationary source that produces, proc3 esses, handles, or stores a substance of concern. 

4 (9) EMPLOYEE REPRESENTATIVE.—The term 

5 ‘‘employee representative’’ means a duly recognized 

6 collective bargaining representative at a stationary 

7 source. 

8 (10) EMPLOYER.—The term ‘‘employer’’ in9 cludes— 

10 (A) an employee of any employer, agent, 

11 contractor, or subcontractor subject to the pro12 visions of this Act or engaged in the production, 

13 storage, security or transportation of a harmful 

14 chemical; and 

15 (B) an employee, agent, contractor, or sub16 contractor of the Department of Homeland Se17 curity or any other Federal, State, or local gov18 ernment agency with responsibility for enforcing 

19 any provision of this Act. 

20 (11) FIRST RESPONDER.—The term ‘‘first re21 sponder’’ includes Federal, State, and local emer22 gency public safety, law enforcement, emergency re23 sponse, and emergency medical (including hospital 

24 emergency facilities) agencies and authorities. 


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1 (12) OUTREACH TO THE SURROUNDING COM2 MUNITY.—The term ‘‘outreach to the surrounding 

3 community’’ includes education of residents near a 

4 stationary source regarding— 

5 (A) emergency procedures in the case of a 

6 terrorist attack; 

7 (B) evacuation procedures, routes, and 

8 travel times; and 

9 (C) what actions to take to minimize expo10 sure to and physical harm caused by substances 

11 of concern. 

12 (13) OWNER OR OPERATOR.—The term ‘‘owner 

13 or operator of a stationary source’’ means any per14 son who owns, leases, controls, or supervises a sta15 tionary source. 

16 (14) SECRETARY.—The term ‘‘Secretary’’ 

17 means the Secretary of Homeland Security. 

18 (15) STATIONARY SOURCE.—The term ‘‘sta19 tionary source’’ has the meaning given the term in 

20 section 112(r)(2) of the Clean Air Act (42 U.S.C. 

21 7412(r)(2)) and includes any chemical facility des22 ignated by the Secretary under section 5(d) of this 

23 Act. 

24 (16) SUBSTANCE OF CONCERN.—The term 

25 ‘‘substance of concern’’ means any substance listed 


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1 under section 112(r)(3) of the Clean Air Act (42 

2 U.S.C. 7412(r)(3)) in a threshold quantity or any 

3 other substance designated by the Secretary under 

4 section 5(d) of this Act in a threshold quantity. 

5 (17) THRESHOLD QUANTITY.—The term 

6 ‘‘threshold quantity’’ means, with respect to a sub7 stance, the quantity established for the substance— 

8 (A) under section 112(r)(5) of the Clean 

9 Air Act (42 U.S.C. 7412(r)(5)); or 

10 (B) by the Secretary under section 5(d) of 

11 this Act. 

12 (18) USE OF INHERENTLY SAFER TECH13 NOLOGY.— 

14 (A) IN GENERAL.—The term ‘‘use of in15 herently safer technology’’ means use of a tech16 nology, product, raw material, or practice that, 

17 as compared to the technology, products, raw 

18 materials, or practices currently in use— 

19 (i) significantly reduces or eliminates 

20 the possibility of the release of a substance 

21 of concern; and 

22 (ii) significantly reduces or eliminates 

23 the hazards to public health and safety and 

24 the environment associated with the release 


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1 or potential release of a substance de2 scribed in clause (i). 

3 (B) INCLUSIONS.—The term ‘‘use of inher4 ently safer technology’’ includes chemical sub5 stitution, process redesign, product reformula6 tion, and procedural and technological modifica7 tion so as to— 

8 (i) use less hazardous or benign sub9 stances; 

10 (ii) use a smaller quantity of a sub11 stance of concern; 

12 (iii) moderate pressures or tempera13 tures; 

14 (iv) reduce the likelihood and poten15 tial consequences of human error; 

16 (v) improve inventory control and 

17 chemical use efficiency; and 

18 (vi) reduce or eliminate storage, 

19 transportation, handling, disposal, and dis20 charge of substances of concern. 

21 SEC. 4. PREVENTION OF CRIMINAL RELEASES. 

22 (a) GENERAL DUTY.—Each owner and each operator 

23 of a stationary source that produces, processes, handles, 

24 or stores any substance of concern has a general duty, 

25 in the same manner and to the same extent as the duty 


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1 imposed under section 112(r) of the Clean Air Act (42 

2 U.S.C. 7412(r)), to— 

3 (1) identify hazards that may result from a 

4 criminal release using appropriate hazard assess5 ment techniques; 

6 (2) ensure the design, operation, and mainte7 nance of safe facilities by taking such actions as are 

8 necessary to prevent criminal releases; and 

9 (3) eliminate or significantly reduce the con10 sequences of any criminal release that does occur. 

11 (b) WORKER PARTICIPATION.—In carrying out its 

12 general duty to identify hazards under subsection (a), the 

13 owner or operator of a stationary source shall involve the 

14 employees of the stationary source in each aspect of ensur15 ing the design, operation, and maintenance of safe facili16 ties. 

17 SEC. 5. DESIGNATION AND REGULATION OF HIGH PRI18 ORITY CATEGORIES BY THE SECRETARY. 

19 (a) IN GENERAL.—Not later than 6 months after the 

20 date of enactment of this Act, the Secretary, in consulta21 tion with the Administrator and State and local govern22 ment agencies responsible for planning for and responding 

23 to criminal releases and providing emergency health care, 

24 shall promulgate regulations to designate certain sta25 tionary sources and substances of concern as high priority 


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1 categories, based on the severity of the threat posed by 

2 a criminal release from the stationary sources. 

3 (b) FACTORS TO BE CONSIDERED.— 

4 (1) IN GENERAL.—In designating high priority 

5 categories under subsection (a), the Secretary, in 

6 consultation with the Administrator, shall consider— 

7 (A) the severity of the harm that could be 

8 caused by a criminal release; 

9 (B) the proximity to population centers; 

10 (C) the threats to national security; 

11 (D) the threats to critical infrastructure; 

12 (E) threshold quantities of substances of 

13 concern that pose a serious threat; and 

14 (F) such other safety or security factors as 

15 the Secretary, in consultation with the Adminis16 trator, determines to be appropriate. 

17 (2) INDIVIDUAL CONSIDERATION.—In desig18 nating high priority categories under subsection (a), 

19 the Secretary shall consider each stationary source 

20 individually and shall not summarily exclude any 

21 type of stationary source that would otherwise be 

22 considered a high priority under paragraph (1). 

23 (3) INITIAL DESIGNATION.—In designating high 

24 priority categories for the first time under sub25 section (a), the Secretary shall ensure that not fewer 


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1 than 3,000 stationary sources are within a high pri2 ority category. 

3 (c) REQUIREMENTS FOR HIGH PRIORITY CAT4 EGORIES.— 

5 (1) IN GENERAL.—Not later than 1 year after 

6 the date of enactment of this Act, the Secretary, in 

7 consultation with the Administrator, the United 

8 States Chemical Safety and Hazard Investigation 

9 Board, and the State and local government agencies 

10 described in subsection (a), shall promulgate regula11 tions to require each owner or operator of a sta12 tionary source that is within a high priority category 

13 designated under subsection (a), in consultation with 

14 local law enforcement, first responders, employees, 

15 and employee representatives, to take adequate ac16 tions (including the design, operation, and mainte17 nance of safe facilities) to detect, prevent, and elimi18 nate or significantly reduce the consequences of ter19 rorist attacks and other criminal releases that may 

20 cause harm to public health or safety. 

21 (2) SOURCE REPORTS.—Not later than 6 

22 months after the date on which regulations are pro23 mulgated under paragraph (1), each owner or oper24 ator of a stationary source that is within a high priVerDate Aug 31 2005 22:48 Mar 31, 2006 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S2486.IS S2486

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1 ority category designated under subsection (a) shall 

2 submit a report to the Secretary that includes— 

3 (A) an assessment of the vulnerability of 

4 the stationary source to a terrorist attack or 

5 other criminal release; 

6 (B) an assessment of the hazards that may 

7 result from a criminal release of a substance of 

8 concern using appropriate hazard assessment 

9 techniques; 

10 (C) a prevention, preparedness, and re11 sponse plan that incorporates the results of the 

12 vulnerability and hazard assessments under 

13 subparagraphs (A) and (B), respectively; 

14 (D) a statement as to how the prevention, 

15 preparedness, and response plan meets the re16 quirements of the regulations established under 

17 paragraph (1); 

18 (E) a statement as to how the prevention, 

19 preparedness, and response plan meets the gen20 eral duty requirements under section 4(a); 

21 (F) a discussion of the consideration of the 

22 elements of design, operation, and maintenance 

23 of safe facilities, including the practicability of 

24 implementing each element; 


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1 (G) a statement describing how and when 

2 employees and employee representatives (if any) 

3 were consulted in considering the design, oper4 ation, and maintenance of safe facilities and in 

5 preparing the report under this paragraph. 

6 (d) ADDITION OF SUBSTANCES OF CONCERN OR STA7 TIONARY SOURCES.—For the purpose of designating high 

8 priority categories under subsection (a) or any subsequent 

9 revision of the regulations promulgated under subsection 

10 (c)(1), the Secretary, in consultation with the Adminis11 trator, may designate— 

12 (1) any additional substance that, in a specified 

13 threshold quantity, poses a serious threat as a sub14 stance of concern; or 

15 (2) any chemical facility as a stationary source. 

16 (e) REVIEW AND REVISION OF REGULATIONS.—Not 

17 later than 5 years after the dates of promulgation of regu18 lations under each of subsections (a) and (c)(1), and not 

19 less often than every 5 years thereafter, the Secretary, in 

20 consultation with the Administrator, shall review the regu21 lations and make any necessary revisions. 

22 SEC. 6. REVIEW AND CERTIFICATION OF REPORTS. 

23 (a) IN GENERAL.—The Secretary, in consultation 

24 with the Administrator, shall review each report submitted 

25 under section 5(c)(2) to determine whether the stationary 


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1 source covered by the report is in compliance with regula2 tions promulgated under section 5(c)(1). 

3 (b) CERTIFICATION OF COMPLIANCE.— 

4 (1) IN GENERAL.—The Secretary shall certify 

5 each determination under subsection (a) in writing. 

6 (2) INCLUSIONS.—A certification under para7 graph (1) indicating the stationary source is in com8 pliance with the regulations under section 5(c)(1) 

9 shall include a checklist indicating the consideration 

10 by such stationary source of the use of each element 

11 of design, operation, and maintenance of safe facili12 ties. 

13 (c) DEADLINE FOR COMPLETION.— 

14 (1) HIGHEST PRIORITY STATIONARY

15 SOURCES.—Not later than 6 months after the date 

16 on which reports are required to be submitted under 

17 section 5(c)(2), the Secretary shall complete the re18 view and certification of the 600 highest priority sta19 tionary sources designated under section 5(a). 

20 (2) OTHER HIGH PRIORITY STATIONARY

21 SOURCES.—Not later than 2 years after the date on 

22 which reports are required to be submitted under 

23 section 5(c)(2), the Secretary shall complete the re24 view and certification of all reports submitted under 

25 that section. 


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1 (d) COMPLIANCE ASSISTANCE.— 

2 (1) DEFINITION.—In this subsection, the term 

3 ‘‘determination’’ means a determination by the Sec4 retary that, with respect to a report submitted under 

5 section 5(c)(2)— 

6 (A) the report does not comply with regu7 lations promulgated under section 5(c)(1); 

8 (B) a threat exists that is beyond the scope 

9 of the plan submitted with the report; or 

10 (C) the implementation of the plan sub11 mitted with the report is insufficient. 

12 (2) DETERMINATION BY SECRETARY.—If the 

13 Secretary, after consultation with the Administrator, 

14 makes a determination, the Secretary shall— 

15 (A) notify the stationary source of the de16 termination; and 

17 (B) in coordination with the Administrator 

18 and the United States Chemical Safety and 

19 Hazard Investigation Board, provide advice and 

20 technical assistance to bring the stationary 

21 source into compliance. 

22 (e) RECERTIFICATION.—Not later than 3 years after 

23 the date of submission of a report under section 5(c)(2), 

24 and not less often than every 2 years thereafter, the owner 


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1 or operator of the stationary source covered by the report, 

2 shall— 

3 (1) review the adequacy of the report; 

4 (2) certify to the Secretary that the stationary 

5 source has completed the review; and 

6 (3) as appropriate, submit to the Secretary any 

7 changes to the assessments or plan in the report. 

8 SEC. 7. SAFETY AND SECURITY COMMITTEES. 

9 (a) IN GENERAL.—Not later than 6 months after the 

10 date of promulgation of regulations under section 5(a), the 

11 owner or operator of a committee-eligible stationary source 

12 shall establish a safety and security committee for that 

13 stationary source. 

14 (b) COMMITTEE COMPOSITION.— 

15 (1) IN GENERAL.—A Committee shall be com16 posed of committee-eligible employees and manage17 rial employees. 

18 (2) MEMBERSHIP.— 

19 (A) NUMBER OF MEMBERS.— 

20 (i) IN GENERAL.—The Secretary, in 

21 consultation with the Administrator, shall 

22 promulgate regulations establishing the 

23 number of members of a Committee that 

24 are required. 


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1 (ii) CONTENTS.—The regulations pro2 mulgated under clause (i) shall— 

3 (I) establish a number of mem4 bers of a Committee that is directly 

5 proportional to the number of employ6 ees at a committee-eligible stationary 

7 source; and 

8 (II) permit the number of mem9 bers of a Committee to be increased 

10 above that established by regulation 

11 by mutual agreement between com12 mittee-eligible employees and manage13 rial employees. 

14 (B) RATIO.—The number of committee-eli15 gible employees serving as members of a Com16 mittee shall be equal to or greater than the 

17 number of managerial employees serving as 

18 members. 

19 (C) ALTERNATES.—An alternate member 

20 of a Committee may be designated if a member 

21 of a Committee is temporarily unavailable. 

22 (D) PLACE OF EMPLOYMENT.—All mem23 bers of a Committee shall be employed at the 

24 committee-eligible stationary source for which 

25 the Committee was established. 


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1 (3) SELECTION OF COMMITTEE-ELIGIBLE EM2 PLOYEE MEMBERS.— 

3 (A) IN GENERAL.—At a committee-eligible 

4 stationary source that has an employee rep5 resentative, the employee representative shall 

6 select the committee-eligible employee members 

7 of the Committee. 

8 (B) NO EMPLOYEE REPRESENTATIVES.— 

9 (i) IN GENERAL.—At a committee-eli10 gible stationary source that does not have 

11 an employee representative, the owner or 

12 operator of the committee-eligible sta13 tionary source shall actively solicit volun14 teers from among committee-eligible em15 ployees who may potentially be exposed to 

16 a substance of concern. 

17 (ii) INSUFFICIENT VOLUNTEERS.—If 

18 there is not a sufficient number of volun19 teers under clause (i), the owner or oper20 ator of the committee-eligible stationary 

21 source shall select additional committee-eli22 gible employees to serve as members of the 

23 Committee. 

24 (4) CO-CHAIRPERSONS.—A member of a Com25 mittee who is a committee-eligible employee and a 


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1 member of a Committee who is a managerial em2 ployee shall serve as co-chairpersons of the Com3 mittee. 

4 (c) LISTS OF MEMBERS.—The owner or operator of 

5 a committee-eligible stationary source shall prominently 

6 post at the stationary source a current list of all members 

7 of the Committee of the stationary source that includes 

8 the name and work location of each member and whether 

9 each member is a committee-eligible employee or a mana10 gerial employee. 

11 (d) MEETINGS; QUORUMS; ACTION.— 

12 (1) MEETINGS.—A Committee shall meet not 

13 less frequently than once per month at a time, date, 

14 and location agreed to by the Committee. 

15 (2) QUORUM.—A majority of members of a 

16 Committee shall constitute a quorum for the trans17 action of Committee business. 

18 (3) ACTION.—Any action by a Committee shall 

19 require an affirmative vote of a majority of the 

20 members present. 

21 (e) AUTHORITY.—A Committee shall— 

22 (1) identify, discuss, and make recommenda23 tions to the owner or operator of the committee-eligi24 ble stationary source concerning potential hazards 


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1 and risks relevant to security, safety, and health and 

2 potential responses to those hazards and risks; 

3 (2) survey the facility of the committee-eligible 

4 stationary source for potential security, safety, and 

5 health vulnerabilities; 

6 (3) establish a schedule to conduct, not less fre7 quently than once per month, a survey described in 

8 paragraph (2) of all or part of the committee-eligible 

9 stationary source; 

10 (4) as soon as is practicable, assist in the inves11 tigation of an accident, criminal release, fire, explo12 sion, or an incident in which there was a significant 

13 risk of an accident, criminal release, fire, or explo14 sion; and 

15 (5) participate in the development, review, or 

16 revision of any vulnerability assessment, hazard as17 sessment, or prevention, preparedness, and response 

18 plan. 

19 (f) RECOMMENDATIONS.— 

20 (1) IN WRITING.—Any recommendations made 

21 by a Committee shall be made in writing. 

22 (2) REVIEW.—At each meeting, a Committee 

23 shall review the status of any recommendation made 

24 by the Committee that the Committee has not deter25 mined to be resolved. 


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1 (3) NONUNANIMOUS RECOMMENDATIONS.—If a 

2 recommendation of a Committee is not unanimous, 

3 the owner or operator of the committee-eligible sta4 tionary source shall document the differing views of 

5 the members of the Committee and maintain records 

6 regarding any such recommendation. 

7 (g) EXISTING COMMITTEES.— 

8 (1) IN GENERAL.—A safety and health, envi9 ronmental, or similar committee established at a 

10 committee-eligible stationary source before the date 

11 specified in subsection (a) that meets the require12 ments of this section may be designated as the Com13 mittee for the committee-eligible stationary source 

14 under a written agreement between the owner or op15 erator of the committee-eligible stationary source 

16 and the employee representative of the committee-el17 igible stationary source. 

18 (2) NO EMPLOYEE REPRESENTATIVE.—If there 

19 is no employee representative at a committee-eligible 

20 stationary source, the owner or operator of a sta21 tionary source may designate a safety and health, 

22 environmental or similar committee described in 

23 paragraph (1) as the Committee for the committee24 eligible stationary source. 


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1 SEC. 8. EMPLOYEE TRAINING. 

2 (a) IN GENERAL.—The owner or operator of a sta3 tionary source shall annually provide each employee with 

4 4 hours of training— 

5 (1) regarding the requirements of this Act, as 

6 applicable to the stationary source; 

7 (2) identifying and discussing substances of 

8 concern that pose a risk to the community and first 

9 responders; 

10 (3) discussing the prevention, preparedness, 

11 and response plan for the stationary source, includ12 ing off-site consequence impacts; 

13 (4) identifying opportunities to reduce or elimi14 nate the vulnerability of a stationary source to a 

15 criminal release of a substance of concern through 

16 the use of the elements of design, operation, and 

17 maintenance of safe facilities; and 

18 (5) discussing appropriate emergency response 

19 procedures. 

20 (b) NONDUPLICATION.—Training provided under this 

21 section shall be in addition to any training required to be 

22 provided by the owner or operator of a stationary source 

23 under any other Federal or State law. 

24 (c) DOCUMENTATION.—The owner or operator of a 

25 stationary source that is within a high priority category 

26 designated under section 5(a) shall— 


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1 (1) submit an annual written certification to 

2 the Secretary stating that the owner or operator has 

3 met the requirements for employee training under 

4 this section; and 

5 (2) maintain a list of all employees who have 

6 received training under this section. 

7 SEC. 9. INSPECTIONS, MONITORING, ENTRY, AND RECORD8 KEEPING. 

9 (a) IN GENERAL.—For purposes of determining 

10 whether any owner or operator of a stationary source is 

11 in compliance with this Act or is properly carrying out 

12 any provision of this Act, the Secretary and the Adminis13 trator (or a designee of the Secretary or the Adminis14 trator) may take any action that the Administrator is au15 thorized to take under paragraphs (7) and (9) of section 

16 112(r) and section 114 of the Clean Air Act (42 U.S.C. 

17 7412(r) and 7414). 

18 (b) PROGRAM.— 

19 (1) IN GENERAL.—The Secretary and the Ad20 ministrator shall establish a program to conduct reg21 ular inspections of stationary sources, and shall 

22 prioritize inspection of stationary sources that are 

23 within a high priority category designated under sec24 tion 5(a). 


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1 (2) TYPES OF INSPECTION.—The program es2 tablished under paragraph (1) shall— 

3 (A) include inspections without notice and 

4 inspections with notice; and 

5 (B) require that not fewer than 25 percent 

6 of inspections under the program shall be with7 out notice. 

8 (c) RECEIPT OF NOTICE.— 

9 (1) IN GENERAL.—When providing notice to 

10 the owner or operator of a stationary source of an 

11 inspection or investigation under this Act, the Sec12 retary or the Administrator (or a designee of the 

13 Secretary or the Administrator) shall instruct the 

14 owner or operator of the stationary source to, imme15 diately upon receipt of the notification— 

16 (A) post a notice, or a copy of any notice 

17 provided by the Secretary or the Administrator 

18 (or a designee of the Secretary or the Adminis19 trator), indicating that there will be an inspec20 tion or investigation, which shall be conspicu21 ously displayed in the area of the stationary 

22 source subject to the inspection or investigation; 

23 and 


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1 (B) provide a copy of the notice posted 

2 under subparagraph (A) to an employee rep3 resentative at the stationary source, if any. 

4 (2) EXPLANATIONS.— 

5 (A) IN GENERAL.—If the Secretary or the 

6 Administrator (or a designee of the Secretary 

7 or the Administrator) provides a written expla8 nation of the purpose, scope, procedures, 

9 progress, or outcome of an inspection or inves10 tigation under this Act to the owner or operator 

11 of a stationary source, any employee of that 

12 stationary source shall be entitled to view a 

13 copy of the written explanation. 

14 (B) INSTRUCTIONS.—The Secretary or the 

15 Administrator (or a designee of the Secretary 

16 or the Administrator) shall instruct the owner 

17 or operator of a stationary source receiving a 

18 written explanation described in subparagraph 

19 (A) to, not later than 24 hours after receiving 

20 the written explanation— 

21 (i) conspicuously display the written 

22 explanation in the area subject to the in23 spection or investigation; and 


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1 (ii) provide a copy of the written ex2 planation to an employee representative at 

3 the stationary source, if any. 

4 (d) PROCEDURES.— 

5 (1) PARTICIPATION BY EMPLOYEES.— 

6 (A) IN GENERAL.—An official conducting 

7 an inspection or investigation of a stationary 

8 source under this Act shall instruct the owner 

9 or operator of the stationary source to afford 

10 the opportunity to participate in the inspection 

11 or investigation, and to accompany the official 

12 during the inspection or investigation to— 

13 (i) an employee who works in, or is fa14 miliar with, the portion of the facility 

15 being inspected or investigated; and 

16 (ii) an employee representative of the 

17 employees of the stationary source, if ap18 plicable. 

19 (B) ADDITIONAL EMPLOYEES.— 

20 (i) IN GENERAL.—Except as provided 

21 in clause (ii), an official described in sub22 paragraph (A) may, if the official deter23 mines that doing so will aid in the inspec24 tion or investigation by the official, permit 

25 any additional employee representative of 


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1 the employees of the stationary source or 

2 any additional employee to accompany the 

3 official, including permitting a different 

4 employee, employee representative, or rep5 resentative of the owner or operator of the 

6 stationary source to accompany the official 

7 during different phases of the inspection or 

8 investigation. 

9 (ii) EXCEPTION.—Clause (i) shall not 

10 apply to portions of an inspection or inves11 tigation in which an official described in 

12 subparagraph (A) is exclusively examining 

13 written records. 

14 (C) MEETINGS.—If the official described 

15 in subparagraph (A) conducts a meeting with 

16 the management of a stationary source to ex17 plain the purpose, scope, procedures, progress, 

18 or outcome of an inspection or investigation 

19 under this Act, the official shall instruct the 

20 owner or operator of the stationary source to 

21 invite to the meeting any employee and em22 ployee representative that participated in the 

23 inspection or investigation. If the official deter24 mines it is necessary, the official shall arrange 

25 and conduct a separate meeting with any emVerDate Aug 31 2005 22:48 Mar 31, 2006 Jkt 049200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S2486.IS S2486

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1 ployee and employee representative that partici2 pated in the inspection or investigation. 

3 (2) EXCLUSION OF INDIVIDUALS.—An official 

4 conducting an inspection or investigation of a sta5 tionary source under this Act may prohibit any indi6 vidual whose conduct interferes with a fair and or7 derly inspection or investigation from accompanying 

8 the official on the inspection or investigation. 

9 (3) INTERVIEWS.—An official conducting an in10 spection or investigation of a stationary source 

11 under this Act may— 

12 (A) interview any person at the stationary 

13 source that the official determines is necessary 

14 to effectuate the purposes of this Act; and 

15 (B) conduct any interview under subpara16 graph (A) outside the presence of the owner or 

17 operator, manager, or other personnel of the 

18 stationary source, if determined to be appro19 priate by the official. 

20 (4) CLASSIFIED INFORMATION.—In the case of 

21 a stationary source that contains classified informa22 tion, only persons who are authorized to have access 

23 to such information may accompany an official con24 ducting an inspection or investigation of a stationary 


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1 source under this Act in areas of the stationary 

2 source in which such information is located. 

3 (e) RECORDKEEPING.—The owner or operator of a 

4 stationary source that is required to submit a report under 

5 section 5(c)(2) shall maintain on the premises of the sta6 tionary source a current copy of the report for the sta7 tionary source and any such report previously submitted. 

8 SEC. 10. ENFORCEMENT. 

9 (a) COMPLIANCE ORDERS.— 

10 (1) ISSUANCE.— 

11 (A) IN GENERAL.—If, after the date that 

12 is 30 days after the date described in subpara13 graph (B), a stationary source is not in compli14 ance with this Act, the Secretary, in consulta15 tion with the Administrator, may issue an order 

16 directing compliance by the owner or operator 

17 of the stationary source. 

18 (B) DATE.—The date described in this 

19 subparagraph is— 

20 (i) the date on which the Secretary 

21 provides notice to a stationary source that 

22 the stationary source is not in compliance 

23 with this Act; or 

24 (ii) if the failure to comply with this 

25 Act relates to a report submitted under 


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1 section 5(c)(2), the later of the date on 

2 which the Secretary first provides assist3 ance, or a stationary source receives notice, 

4 under section 6(d)(2). 

5 (2) NOTICE AND OPPORTUNITY FOR HEAR6 ING.—An order under paragraph (1) may be issued 

7 only after notice and opportunity for a hearing. 

8 (b) PENALTIES.— 

9 (1) CIVIL PENALTIES.—Any owner or operator 

10 of a stationary source that is within a high priority 

11 category designated under section 5(a) that violates, 

12 or fails to comply with, any order under subsection 

13 (a) may, in an action brought in a United States 

14 district court, be subject to a civil penalty of not 

15 more than $50,000 for each day in which the viola16 tion occurs or the failure to comply continues. 

17 (2) CRIMINAL PENALTIES.—Any owner or oper18 ator of a stationary source that is within a high pri19 ority category designated under section 5(a) that 

20 knowingly violates, or fails to comply with, any order 

21 under subsection (a) shall— 

22 (A) in the case of a first violation or fail23 ure to comply, be fined not less than $5,000 

24 nor more than $50,000 per day of violation or 


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1 failure to comply, imprisoned for not more than 

2 2 years, or both; and 

3 (B) in the case of a subsequent violation or 

4 failure to comply, be fined not less than 

5 $10,000 nor more than $50,000 per day of vio6 lation or failure to comply, imprisoned for not 

7 more than 4 years, or both. 

8 (3) ADMINISTRATIVE PENALTIES.— 

9 (A) PENALTY ORDERS.—The Secretary, in 

10 consultation with the Administrator, may im11 pose an administrative penalty order of not 

12 more than $50,000 per day, and not more than 

13 a maximum of $2,000,000 per year, for failure 

14 to comply with an order or directive issued by 

15 the Secretary under subsection (a). 

16 (B) NOTICE AND HEARING.—Before 

17 issuing an order described in subparagraph (A), 

18 the Secretary shall provide to the person 

19 against which the penalty is to be assessed— 

20 (i) written notice of the proposed 

21 order; and 

22 (ii) the opportunity to request, not 

23 later than 30 days after the date on which 

24 the notice is received by the person, a 

25 hearing on the proposed order. 


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1 (c) ABATEMENT ACTIONS.— 

2 (1) IN GENERAL.—If the Secretary, in consulta3 tion with local law enforcement officials, determines 

4 that the threat of a terrorist attack exists that war5 rants additional measures to prevent or reduce the 

6 possibility of releasing a substance of concern at 1 

7 or more stationary sources, the Secretary shall no8 tify each such stationary source of the elevated 

9 threat. 

10 (2) INSUFFICIENT RESPONSE.—If the Secretary 

11 determines that a stationary source has not taken 

12 appropriate action in response to a notification 

13 under paragraph (1), the Secretary shall notify the 

14 stationary source, the Administrator, and the Attor15 ney General that actions taken by the stationary 

16 source in response to the notification are insuffi17 cient. 

18 (3) RELIEF.— 

19 (A) IN GENERAL.—If the Secretary makes 

20 a notification under paragraph (2), the Sec21 retary or the Attorney General may secure such 

22 relief as is necessary to abate a threat described 

23 in paragraph (1), including an order directing 

24 the stationary source to cease operation and 


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1 such other orders as are necessary to protect 

2 public health or welfare. 

3 (B) JURISDICTION.—The United States 

4 district court for the district in which a threat 

5 described in paragraph (1) occurs shall have ju6 risdiction to grant such relief as the Secretary 

7 or Attorney General requests under subpara8 graph (A). 

9 SEC. 11. PROTECTION OF INFORMATION. 

10 (a) DISCLOSURE EXEMPTION.—Except with respect 

11 to certifications under section 6(b), orders issued under 

12 section 10(a), and best practices established under section 

13 13(4), all documents provided to the Secretary under this 

14 Act, and all information that describes a specific vulner15 ability at a specific stationary source derived from those 

16 documents, shall be exempt from disclosure under section 

17 552 of title 5, United States Code. 

18 (b) STATE AND LOCAL GOVERNMENT AGENCIES.— 

19 Notwithstanding any other provision of Federal, State, or 

20 local law, no State or local government agency shall be 

21 required to disclose any documents provided by a sta22 tionary source under this Act, or any information that de23 scribes a specific vulnerability at a specific stationary 

24 source derived from those documents, except with respect 

25 to certifications under section 6(b), orders issued under 


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1 section 10(a), and best practices established under section 

2 13(4). 

3 (c) DEVELOPMENT OF PROTOCOLS.— 

4 (1) IN GENERAL.—The Secretary, in consulta5 tion with the Administrator, shall develop such pro6 tocols as are necessary to protect the documents de7 scribed in subsection (a), including the reports sub8 mitted under section 5(c)(2) and the information 

9 contained in those reports, from unauthorized disclo10 sure. 

11 (2) DEADLINE.—As soon as is practicable, but 

12 not later than 1 year after the date of enactment of 

13 this Act, the Secretary shall complete the develop14 ment of protocols under paragraph (1) and shall en15 sure that the protocols are in effect before the date 

16 on which the Administrator receives any report 

17 under this Act. 

18 (d) OTHER OBLIGATIONS UNAFFECTED.—Nothing 

19 in this section affects— 

20 (1) the handling, treatment, or disclosure of in21 formation obtained from a stationary source under 

22 any other law; 

23 (2) any obligation of the owner or operator of 

24 a stationary source to submit or make available in25 formation to a Federal, State, or local government 


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1 agency under, or otherwise to comply with, any 

2 other law; or 

3 (3) the public disclosure of information derived 

4 from documents or information described in sub5 section (a), so long as the information disclosed— 

6 (A) would not divulge methods or processes 

7 entitled to protection as trade secrets in accord8 ance with the purposes of section 1905 of title 

9 18, United States Code; 

10 (B) does not identify any particular sta11 tionary source; and 

12 (C) is not reasonably likely to increase the 

13 probability or consequences of a criminal re14 lease. 

15 SEC. 12. EMERGENCY PREPAREDNESS. 

16 (a) IN GENERAL.—Not later than 1 year after the 

17 date of enactment of this Act, the Secretary and the Ad18 ministrator, in consultation with other Federal agencies 

19 and State and local government officials (including local 

20 law enforcement and first responders), shall promulgate 

21 regulations requiring stationary sources within high pri22 ority categories to participate in emergency preparedness 

23 exercises, including ‘‘table top’’ exercises, training, drills 

24 (including evacuation drills), and other activities deterVerDate Aug 31 2005 22:48 Mar 31, 2006 Jkt 049200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S2486.IS S2486

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1 mined to be appropriate by the Secretary and Adminis2 trator. 

3 (b) CONSIDERATIONS.—The Secretary and Adminis4 trator shall structure the emergency preparedness exer5 cises under subsection (a), including the contents and fre6 quency of the exercises, based on the threat posed to the 

7 public by a criminal release at a stationary source. 

8 SEC. 13. ASSISTANCE TO STATIONARY SOURCES. 

9 The Secretary, in consultation with the Adminis10 trator, shall establish an information clearinghouse to as11 sist stationary sources in complying with this Act that in12 cludes scalable best practices for— 

13 (1) using methodologies for the assessment of 

14 vulnerabilities, threats, and inherently safer tech15 nology; 

16 (2) developing prevention preparedness and re17 sponse plans; 

18 (3) coordinating with local law enforcement, 

19 first responders, and duly recognized collective bar20 gaining representatives at stationary sources, or, in 

21 the absence of such a representative, other appro22 priate personnel; 

23 (4) implementing inherently safer technologies, 

24 including descriptions of— 


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1 (A) combinations of covered sources and 

2 substances of concern for which the inherently 

3 safer technologies could be appropriate; 

4 (B) the scope of current use and avail5 ability of the technologies; 

6 (C) the costs and cost savings resulting 

7 from inherently safer technologies; 

8 (D) technological transfer and business 

9 practices that enable or encourage inherently 

10 safer technologies; and 

11 (E) such other information as the Sec12 retary determines to be appropriate. 

13 SEC. 14. PROTECTION OF WHISTLEBLOWERS. 

14 (a) DISCRIMINATION AGAINST EMPLOYEE.—No em15 ployer may discharge any employee or otherwise discrimi16 nate against any employee with respect to compensation, 

17 terms, conditions, or privileges of employment because the 

18 employee (or any person acting pursuant to a request of 

19 the employee)— 

20 (1) notified the employer, the Department of 

21 Homeland Security, or any other appropriate agency 

22 of Federal, State, or local government of an alleged 

23 violation of this Act or of a threat to the health or 

24 safety of the public relating to chemical security or 

25 the improper release of any harmful chemical; 


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1 (2) refused to engage in any practice made un2 lawful by this Act, if the employee has identified the 

3 alleged illegality to the employer; 

4 (3) testified before Congress or at any Federal 

5 or State proceeding regarding any provision of this 

6 Act or of a threat to the health or safety of the pub7 lic relating to chemical security or the improper re8 lease of any harmful chemical; 

9 (4) commenced, caused to be commenced, or in10 tends to commence or cause to be commenced a pro11 ceeding under this Act, or a proceeding for the ad12 ministration or enforcement of any requirement im13 posed under this Act; 

14 (5) testified or intends to testify in any pro15 ceeding described in paragraph (4); or 

16 (6) assisted or participated or intends to assist 

17 or participate in any manner in a proceeding de18 scribed in paragraph (4) or in any other action to 

19 carry out the purposes of this Act. 

20 (b) COMPLAINT, FILING, AND NOTIFICATION.— 

21 (1) IN GENERAL.—Except as provided in sub22 section (g), any employee who believes that such em23 ployee has been discharged or otherwise discrimi24 nated against by any person in violation of sub25 section (a) may, not later than 180 days after the 


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1 date on which the violation occurred, file (or have 

2 any person file on behalf of such employee) a com3 plaint with the Secretary of Labor alleging such dis4 charge or discrimination. Upon receipt of such a 

5 complaint, the Secretary of Labor shall notify the 

6 Secretary and the person named in the complaint of 

7 the filing of the complaint. 

8 (2) INVESTIGATION.— 

9 (A) IN GENERAL.—Upon receipt of a com10 plaint under paragraph (1), the Secretary of 

11 Labor shall conduct an investigation of the vio12 lation alleged in the complaint. 

13 (B) COMPLETION.—Not later than 30 days 

14 after the date on which the Secretary of Labor 

15 receives a complaint under paragraph (1), the 

16 Secretary of Labor shall— 

17 (i) complete the investigation under 

18 subparagraph (A); and 

19 (ii) notify the complainant (and any 

20 person acting on behalf of the complain21 ant) and the person alleged to have com22 mitted the violation, in writing, of the re23 sults of the investigation. 

24 (C) ORDER.— 


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1 (i) IN GENERAL.—Except as provided 

2 in clause (ii), not later than 90 days after 

3 the date on which the Secretary of Labor 

4 receives a complaint under paragraph (1), 

5 the Secretary of Labor shall issue an order 

6 that provides the relief prescribed by para7 graph (3) or denies the complaint. 

8 (ii) EXCEPTION.—Clause (i) shall not 

9 apply to a proceeding on a complaint de10 scribed in clause (i) that is terminated by 

11 the Secretary of Labor on the basis of a 

12 settlement entered into by the Secretary of 

13 Labor and the person alleged to have com14 mitted the violation of this section. The 

15 Secretary of Labor may not enter into a 

16 settlement terminating a proceeding on a 

17 complaint without the participation and 

18 consent of the complainant. 

19 (iii) PROCEDURE.—An order of the 

20 Secretary of Labor under this subpara21 graph shall be made on the record after 

22 notice and opportunity for public hearing. 

23 Upon the conclusion of the hearing and the 

24 issuance of a recommended decision that 

25 the complaint has merit, the Secretary of 


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1 Labor shall issue a preliminary order pro2 viding the relief prescribed in paragraph 

3 (3), but may not order compensatory dam4 ages, pending a final order. 

5 (3) RELIEF.— 

6 (A) IN GENERAL.—If the Secretary of 

7 Labor determines that a violation of subsection 

8 (a) alleged in a complaint under paragraph (1) 

9 of this subsection has occurred, the Secretary of 

10 Labor shall order the person who committed the 

11 violation to— 

12 (i) take affirmative action to abate the 

13 violation; and 

14 (ii) reinstate the complainant to the 

15 former position of such complainant, to16 gether with the compensation (including 

17 back pay), terms, conditions, and privileges 

18 of the employment of such complainant. 

19 (B) COMPENSATORY DAMAGES.—If the 

20 Secretary of Labor determines that a violation 

21 of subsection (a) alleged in a complaint under 

22 paragraph (1) of this subsection has occurred, 

23 the Secretary of Labor may order the person 

24 who committed the violation to provide compen25 satory damages to the complainant. 


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1 (C) COSTS AND EXPENSES.—If an order is 

2 issued under this paragraph, the Secretary of 

3 Labor, at the request of the complainant, shall 

4 assess against the person against whom the 

5 order is issued a sum equal to the aggregate 

6 amount of all costs and expenses (including at7 torneys’ and expert witness fees) reasonably in8 curred by the complainant for, or in connection 

9 with, the bringing of the complaint upon which 

10 the order was issued, as determined by the Sec11 retary of Labor. 

12 (D) REQUIRED FINDING.—The Secretary 

13 of Labor may determine that a violation of sub14 section (a) has occurred only if the complainant 

15 has demonstrated that any conduct described in 

16 paragraphs (1) through (6) of subsection (a) 

17 was a contributing factor in the unfavorable 

18 personnel action alleged in the complaint. 

19 (c) DISMISSAL.— 

20 (1) IN GENERAL.—The Secretary of Labor shall 

21 dismiss a complaint filed under subsection (b)(1), 

22 and shall not conduct the investigation required 

23 under subsection (b)(2), if the complainant has 

24 failed to make a prima facie showing that any con25 duct described in paragraphs (1) through (6) of subVerDate Aug 31 2005 22:48 Mar 31, 2006 Jkt 049200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S2486.IS S2486

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1 section (a) was a contributing factor in the unfavor2 able personnel action alleged in the complaint. 

3 (2) OTHER BASIS FOR ACTION.—Notwith4 standing a finding by the Secretary of Labor that 

5 the complainant has made the showing required by 

6 paragraph (1), the Secretary of Labor shall dismiss 

7 a complaint filed under subsection (b)(1), and shall 

8 not conduct the investigation required under sub9 section (b)(2), if the employer demonstrates, by clear 

10 and convincing evidence, that the employer would 

11 have taken the same unfavorable personnel action in 

12 the absence of the conduct described in paragraph 

13 (1) of this subsection. 

14 (d) DISTRICT COURT REVIEW.—If, by the date that 

15 is 1 year after the date on which a complaint was filed 

16 under subsection (b)(1), the Secretary of Labor has not 

17 issued a final decision regarding the complaint and there 

18 is no showing that the delay is due to the bad faith of 

19 the complainant, the complainant may bring an action at 

20 law or equity for de novo review in an appropriate United 

21 States district court, which shall have jurisdiction over 

22 such an action without regard to the amount in con23 troversy. 

24 (e) REVIEW BY COURT OF APPEALS.— 


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1 (1) IN GENERAL.—Any person adversely af2 fected or aggrieved by an order issued under sub3 section (b) or (c) may obtain review of the order in 

4 the United States court of appeals for the circuit in 

5 which the violation alleged in the complaint oc6 curred. 

7 (2) TIMING.—A petition for review under para8 graph (1) shall be filed not later than 60 days after 

9 the date on which the order described in paragraph 

10 (1) is issued. 

11 (3) PROCEDURES.—The procedures under 

12 chapter 7 of title 5, United States Code shall apply 

13 to any review under this subsection. 

14 (4) STAYS.—Unless ordered by the court, the 

15 commencement of proceedings under this subsection 

16 shall not operate as a stay of the order of the Sec17 retary of Labor. 

18 (5) EXCLUSIVITY.—An order of the Secretary 

19 of Labor with respect to which review could have 

20 been obtained under paragraph (1) shall not be the 

21 subject of judicial review in any criminal or other 

22 civil proceeding. 

23 (f) ENFORCEMENT.— 

24 (1) BY THE SECRETARY OF LABOR.— 


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1 (A) IN GENERAL.—If a person has failed 

2 to comply with an order issued under subsection 

3 (b)(2)(C), the Secretary of Labor may file a 

4 civil action in the United States district court 

5 for the district in which the violation occurred 

6 to enforce the order. 

7 (B) SCOPE OF RELIEF.—In an action 

8 brought under this paragraph, the United 

9 States district court may grant all appropriate 

10 relief, including injunctive relief, compensatory 

11 and exemplary damages. 

12 (2) OTHER ENFORCEMENT.— 

13 (A) IN GENERAL.—Not earlier than the 

14 date that is 90 days after an order was issued 

15 under subsection (b)(2)(C), any person on 

16 whose behalf the order was issued may com17 mence a civil action against the person to whom 

18 the order was issued in any appropriate United 

19 States district court to require compliance with 

20 the order. 

21 (B) JURISDICTION.—The United States 

22 district court shall have jurisdiction, without re23 gard to the amount in controversy or the citi24 zenship of the parties, to enforce an order de25 scribed in subparagraph (A). 


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1 (C) SCOPE OF RELIEF.—In an action 

2 brought under this paragraph, the United 

3 States district court may award costs of litiga4 tion (including reasonable attorney and expert 

5 witness fees). 

6 (3) MANDAMUS.—Any nondiscretionary duty 

7 imposed under this section shall be enforceable in a 

8 mandamus proceeding under section 1361 of title 

9 28, United States Code. 

10 (g) DELIBERATE VIOLATIONS.—Subsection (b)(1) 

11 shall not apply with respect to any employee who, acting 

12 without direction from the employer of such employee, de13 liberately causes a violation of any requirement of this Act. 

14 (h) NONPREEMPTION.—Nothing in this section ex15 pands, preempts, diminishes, or otherwise affects any 

16 right otherwise available to an employee under Federal, 

17 State, or local law or any collective bargaining agreement 

18 to redress the discharge of such employee or other dis19 criminatory action taken by the employer against such em20 ployee. 

21 (i) WHISTLEBLOWER INFORMATION.— 

22 (1) DHS.—The Secretary, in consultation with 

23 the Secretary of Labor, shall establish and publicize 

24 information regarding mechanisms (including a hot25 line and a website) through which any person (inVerDate Aug 31 2005 22:48 Mar 31, 2006 Jkt 049200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S2486.IS S2486

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1 cluding an employee, individual residing near a sta2 tionary source, first responder, and local official) 

3 may report an alleged violation of this Act, a threat 

4 to the health or safety of the public relating to 

5 chemical security or the improper release of any 

6 harmful chemical, or other such information. 

7 (2) POSTING REQUIREMENT.—The provisions of 

8 this section shall be prominently posted in any place 

9 of employment to which this Act applies. 

10 (j) INVESTIGATION OF ALLEGATIONS.— 

11 (1) IN GENERAL.—The Secretary shall not 

12 delay taking appropriate action with respect to an 

13 allegation of a substantial safety hazard on the basis 

14 of— 

15 (A) the filing of a complaint under sub16 section (b)(1) arising from the allegation; or 

17 (B) any investigation by the Secretary of 

18 Labor, or other action, under this subsection in 

19 response to a complaint under subsection 

20 (b)(1). 

21 (2) EFFECT OF DETERMINATION.—A deter22 mination by the Secretary of Labor under this sec23 tion that a violation of subsection (a) has not oc24 curred shall not be considered by the Secretary in 


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1 determining whether a substantial safety hazard ex2 ists. 

3 SEC. 15. REGULATIONS. 

4 (a) COORDINATION WITH EXISTING LAW.—In pro5 mulgating regulations and establishing enforcement proce6 dures under this Act, the Secretary, in consultation with 

7 the Administrator, shall, to the extent practicable and to 

8 the extent such requirements meet or exceed the require9 ments of this Act, minimize duplication of the require10 ments for risk assessments and response plans under 

11 chapter 701 of title 46, United States Code (commonly 

12 known as ‘‘the Maritime Transportation Security Act’’), 

13 the Clean Air Act (42 U.S.C. 7401 et seq.), and other 

14 Federal law. 

15 (b) PROMULGATION OF ADDITIONAL REGULA16 TIONS.—In addition to any regulations required under this 

17 Act, the Secretary and the Administrator may promulgate 

18 such regulations as are necessary to carry out this Act. 

19 SEC. 16. NO EFFECT ON REQUIREMENTS UNDER OTHER 

20 LAW OR AGREEMENTS. 

21 Nothing in this Act affects any duty or other require22 ment imposed under any other Federal, State, or local law 

23 or any collective bargaining agreement. 


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1 SEC. 17. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated to the Sec3 retary and the Administrator such sums as are necessary 

4 to carry out this Act, to remain available until expended. 

Æ 


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