I 

114TH CONGRESS 

1ST SESSION H. R. 54 

To enhance the security of chemical facilities and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 6, 2015 

Ms. JACKSON LEE introduced the following bill; which was referred to the 

Committee on Homeland Security, and in addition to the Committee on 

Energy and Commerce, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To enhance the security of chemical facilities and for other 

purposes. 

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 ‘‘Frank Lautenberg Me5 morial Secure Chemical Facilities Act’’. 

6 SEC. 2. FINDINGS AND PURPOSE. 

7 (a) FINDINGS.—Congress finds the following: 

8 (1) The chemical sector of the United States 

9 represents a target that terrorists could exploit to 


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1 cause consequences, including death, injury, or seri2 ous adverse effects to human health, the environ3 ment, critical infrastructure, public health, homeland 

4 security, national security, and the national econ5 omy. 

6 (2) Small chemical facilities pose particular 

7 challenges to Homeland Security because they may 

8 lack the expertise or resources to register with the 

9 Department of Homeland Security’s Chemical Facil10 ity Anti-Terrorism Standards (CFATS) program. 

11 (3) Small chemical facilities such as the fer12 tilizer plant in the town of West Texas destroyed by 

13 an explosion may not have been fully compliant with 

14 State and Federal law. 

15 (4) Small chemical facilities have less physical 

16 security. 

17 (5) Chemical facilities that pose such potential 

18 consequences and that are vulnerable to terrorist at19 tacks must be protected. 

20 (6) The Secretary of Homeland Security has 

21 statutory authority under section 550 of the Depart22 ment of Homeland Security Appropriations Act, 

23 2007 (6 U.S.C. 121 note) to regulate the security 

24 practices at chemical facilities that are at significant 

25 risk of being terrorist targets. 


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1 (7) The Secretary of Homeland Security issued 

2 interim final regulations entitled the ‘‘Chemical Fa3 cility Anti-Terrorism Standards’’, which became ef4 fective on June 8, 2007. 

5 (b) PURPOSE.—The purpose of this Act is to modify 

6 and make permanent the authority of the Secretary of 

7 Homeland Security to regulate security practices at chem8 ical facilities. 

9 SEC. 3. EXTENSION, MODIFICATION, AND RECODIFICATION 

10 OF AUTHORITY OF SECRETARY OF HOME11 LAND SECURITY TO REGULATE SECURITY 

12 PRACTICES AT CHEMICAL FACILITIES. 

13 (a) IN GENERAL.—The Homeland Security Act of 

14 2002 (6 U.S.C. 101 et seq.) is amended by adding at the 

15 end the following: 

16 ‘‘TITLE XXI—REGULATION OF SE17 CURITY PRACTICES AT CHEM18 ICAL FACILITIES 

19 ‘‘SEC. 2101. DEFINITIONS. 

20 ‘‘In this title: 

21 ‘‘(1) ACADEMIC LABORATORY.—The term ‘aca22 demic laboratory’ means a facility or area owned by 

23 an institution of higher education (as defined under 

24 section 101 of the Higher Education Act of 1965 

25 (20 U.S.C. 1001)) or a nonprofit research institute 


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1 or teaching hospital that has a formal affiliation 

2 with an institution of higher education, including 

3 photo laboratories, art studios, field laboratories, re4 search farms, chemical stockrooms, and preparatory 

5 laboratories, where relatively small quantities of 

6 chemicals and other substances, as determined by 

7 the Secretary, are— 

8 ‘‘(A) used on a nonproduction basis for— 

9 ‘‘(i) teaching; 

10 ‘‘(ii) research; or 

11 ‘‘(iii) diagnostic purposes; and 

12 ‘‘(B) stored and used in containers that 

13 are typically manipulated by 1 person. 

14 ‘‘(2) CHEMICAL FACILITY.—The term ‘chemical 

15 facility’ means any facility— 

16 ‘‘(A) at which the owner or operator of the 

17 facility possesses or plans to possess a sub18 stance of concern; or 

19 ‘‘(B) that meets other risk-related criteria 

20 identified by the Secretary. 

21 ‘‘(3) CHEMICAL FACILITY SECURITY PERFORM22 ANCE STANDARDS.—The term ‘chemical facility se23 curity performance standards’ means risk-based 

24 standards established by the Secretary under section 

25 2103(c). 


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1 ‘‘(4) CHEMICAL FACILITY TERRORIST INCI2 DENT.—The term ‘chemical facility terrorist inci3 dent’ means any act or attempted act of terrorism 

4 or terrorist incident committed at, near, or against 

5 a chemical facility, including such an act that in6 volves the intent to cause injury or harm or the 

7 threat of causing injury or harm— 

8 ‘‘(A) the release of a substance of concern 

9 from a chemical facility; 

10 ‘‘(B) the theft, misappropriation, or misuse 

11 of a substance of concern from a chemical facil12 ity; or 

13 ‘‘(C) the sabotage of a chemical facility or 

14 a substance of concern at a chemical facility. 

15 ‘‘(5) COVERED CHEMICAL FACILITY.—The term 

16 ‘covered chemical facility’ means a chemical facility 

17 that the Secretary determines meets the criteria 

18 under section 2102(b)(1). 

19 ‘‘(6) COVERED INDIVIDUAL.—The term ‘cov20 ered individual’ means a permanent, temporary, full21 time, or part-time employee of a covered chemical 

22 facility or an employee of an entity with which the 

23 covered chemical facility has entered into a contract 

24 who is performing responsibilities at the covered 

25 chemical facility pursuant to the contract. 


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1 ‘‘(7) EMPLOYEE REPRESENTATIVE.—The term 

2 ‘employee representative’ means the representative 

3 of a certified or recognized bargaining agent en4 gaged in a collective bargaining relationship with the 

5 owner or operator of a chemical facility. 

6 ‘‘(8) ENVIRONMENT.—The term ‘environment’ 

7 has the meaning given the term in section 101 of the 

8 Comprehensive Environmental Response, Compensa9 tion, and Liability Act of 1980 (42 U.S.C. 9601). 

10 ‘‘(9) METHOD TO REDUCE THE CONSEQUENCES

11 OF A TERRORIST ATTACK.—The term ‘method to re12 duce the consequences of a terrorist attack’ means 

13 a measure used at a chemical facility that reduces 

14 or eliminates the potential consequences of a chem15 ical facility terrorist incident, including— 

16 ‘‘(A) the elimination or reduction in the 

17 amount of a substance of concern possessed or 

18 planned to be possessed by an owner or oper19 ator of a covered chemical facility through the 

20 use of alternate substances, formulations, or 

21 processes; 

22 ‘‘(B) the modification of pressures, tem23 peratures, or concentrations of a substance of 

24 concern; 


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1 ‘‘(C) the reduction or elimination of onsite 

2 handling of a substance of concern through im3 provement of inventory control or chemical use 

4 efficiency; 

5 ‘‘(D) increasing the physical security of the 

6 chemical facility; and 

7 ‘‘(E) registering the chemical facility with 

8 the CFATS program. 

9 ‘‘(10) OWNER OR OPERATOR.—The term ‘owner 

10 or operator’ with respect to a facility means— 

11 ‘‘(A) the person who owns the facility; 

12 ‘‘(B) the person who has responsibility for 

13 daily operation of the facility; and 

14 ‘‘(C) the person who leases the facility. 

15 ‘‘(11) PERSON.—The term ‘person’— 

16 ‘‘(A) means an individual, trust, firm, joint 

17 stock company, corporation (including a govern18 ment corporation), partnership, association, 

19 State, municipality, commission, political sub20 division of a State, or interstate body; and 

21 ‘‘(B) includes each department, agency, or 

22 instrumentality of the United States. 

23 ‘‘(12) PROTECTED INFORMATION.— 

24 ‘‘(A) IN GENERAL.—The term ‘protected 

25 information’ includes— 


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1 ‘‘(i) security vulnerability assessments 

2 and site security plans, including any as3 sessment required under section 2111; 

4 ‘‘(ii) portions of the following docu5 ments, records, orders, notices, or letters 

6 that the Secretary has determined by regu7 lation would be detrimental to chemical fa8 cility security if disclosed and that are de9 veloped by the Secretary or the owner or 

10 operator of a covered chemical facility for 

11 the purposes of this title— 

12 ‘‘(I) documents directly related to 

13 the review and approval or dis14 approval of a security vulnerability as15 sessment or site security plan under 

16 this title by the Secretary; 

17 ‘‘(II) documents directly related 

18 to an inspection or audit under this 

19 title; 

20 ‘‘(III) an order, notice, commu21 nication, or letter regarding the com22 pliance of a covered chemical facility 

23 with this title; 

24 ‘‘(IV) information or a document 

25 or record required to be provided to or 


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1 created by the Secretary under sub2 section (b) or (c) of section 2102; and 

3 ‘‘(V) a document directly related 

4 to a security drill or training exercise, 

5 security threat or breach of security, 

6 or maintenance, calibration, or testing 

7 of security equipment; and 

8 ‘‘(iii) any other information, docu9 ment, or record developed exclusively for 

10 the purposes of this title that the Secretary 

11 has determined, by rule, would, if dis12 closed, be detrimental to chemical facility 

13 security. 

14 ‘‘(B) EXCLUSIONS.—The term ‘protected 

15 information’ does not include— 

16 ‘‘(i) information, other than a security 

17 vulnerability assessment or site security 

18 plan, that the Secretary has determined, 

19 by rule, to be— 

20 ‘‘(I) appropriate to describe com21 pliance by a chemical facility with this 

22 title and the implementation of this 

23 title by the Secretary; and 

24 ‘‘(II) not detrimental to chemical 

25 facility security if disclosed; or 


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1 ‘‘(ii) information, whether or not also 

2 contained in a security vulnerability assess3 ment, site security plan, or in a document, 

4 record, order, notice, or letter, or portion 

5 thereof, described in clause (ii) or (iii) of 

6 subparagraph (A), that is obtained from 

7 another source with respect to which the 

8 Secretary has not made a determination 

9 under either clause, including— 

10 ‘‘(I) information that is required 

11 to be made publicly available under 

12 any other provision of law; and 

13 ‘‘(II) information that a chemical 

14 facility has lawfully disclosed other 

15 than in a submission to the Secretary 

16 under this title. 

17 ‘‘(13) RELEASE.—The term ‘release’ means any 

18 spilling, leaking, pumping, pouring, emitting, 

19 emptying, discharging, injecting, escaping, leaching, 

20 dumping, or disposing into the environment (includ21 ing the abandonment or discarding of barrels, con22 tainers, and other closed receptacles containing any 

23 hazardous substance or pollutant or contaminant). 

24 ‘‘(14) STORAGE.—The term ‘storage’ means 

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1 ignated as risks may be stored that meet standards 

2 established by the Secretary. 

3 ‘‘(15) DISPOSAL.—The term ‘disposal’ means 

4 any location on or off-site where chemicals are de5 stroyed, stored with no intent to sale, repurpose, or 

6 use. 

7 ‘‘(16) DESTRUCTION.—The term ‘destruction’ 

8 means any process that is intended to render the 

9 chemical designated as a risk by the Secretary is 

10 rendered inert or of no further threat as defined by 

11 the Secretary in consultation with the State where 

12 the destruction takes place and Federal Environ13 mental Protection Agency rules. 

14 ‘‘(17) SECURITY VULNERABILITY ASSESS15 MENT.—The term ‘security vulnerability assessment’ 

16 means an assessment described in section 

17 2103(a)(1)(B)(i). 

18 ‘‘(18) SITE SECURITY PLAN.—The term ‘site 

19 security plan’ means a plan described in section 

20 2103(a)(1)(B)(ii). 

21 ‘‘(19) SUBSTANCE OF CONCERN.—The term 

22 ‘substance of concern’ means a chemical substance 

23 in quantity and form that is designated by the Sec24 retary under section 2102(a). 


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1 ‘‘SEC. 2102. RISK-BASED DESIGNATION AND RANKING OF 

2 CHEMICAL FACILITIES. 

3 ‘‘(a) SUBSTANCES OF CONCERN.— 

4 ‘‘(1) DESIGNATION BY THE SECRETARY.—The 

5 Secretary may— 

6 ‘‘(A) designate any chemical substance as 

7 a substance of concern; and 

8 ‘‘(B) establish and adjust the threshold 

9 quantity for each chemical substance designated 

10 under subparagraph (A). 

11 ‘‘(2) MATTERS FOR CONSIDERATION.—In desig12 nating a chemical substance or establishing or ad13 justing the threshold quantity for a chemical sub14 stance under paragraph (1), the Secretary shall con15 sider the potential extent of death, injury, and seri16 ous adverse effects to human health, the environ17 ment, critical infrastructure, public health, homeland 

18 security, national security, and the national economy 

19 that could result from a chemical facility terrorist 

20 incident involving the chemical substance. 

21 ‘‘(b) LIST OF COVERED CHEMICAL FACILITIES.— 

22 ‘‘(1) CRITERIA FOR LIST OF FACILITIES.—The 

23 Secretary may designate a chemical facility as a cov24 ered chemical facility if the Secretary determines the 

25 chemical facility is a sufficient security risk based 

26 on— 


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1 ‘‘(A) the potential threat or likelihood that 

2 the chemical facility will be a target of a chem3 ical facility terrorist incident; 

4 ‘‘(B) the potential extent and likelihood of 

5 death, injury, or serious adverse effects to 

6 human health, the environment, critical infra7 structure, public health, homeland security, na8 tional security, or the national economy that 

9 could result from a chemical facility terrorist 

10 incident at the chemical facility; and 

11 ‘‘(C) the proximity of the chemical facility 

12 to large population centers. 

13 ‘‘(2) LIST.—The Secretary shall maintain a list 

14 of covered chemical facilities that the Secretary des15 ignates under subparagraph (A). 

16 ‘‘(3) SUBMISSION OF INFORMATION.—In mak17 ing a determination whether to designate a chemical 

18 facility as a covered chemical facility under para19 graph (1), the Secretary may require the submission 

20 of information from an owner or operator of a chem21 ical facility with respect to the quantities of sub22 stances of concern that the owner or operator pos23 sesses or plans to possess. 

24 ‘‘(c) ASSIGNMENT OF COVERED CHEMICAL FACILI25 TIES TO RISK-BASED TIERS.— 


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1 ‘‘(1) ASSIGNMENT.—The Secretary shall assign 

2 each covered chemical facility to 1 of 4 risk-based 

3 tiers, as established by the Secretary, with tier 1 

4 representing the highest degree of risk and tier 4 

5 representing the lowest degree of risk. 

6 ‘‘(2) PROVISION OF INFORMATION.—The owner 

7 or operator of a covered chemical facility shall pro8 vide, at the request of the Secretary, any informa9 tion in addition to information required by the Sec10 retary under subsection (b)(3) that may be nec11 essary for the Secretary to assign the chemical facil12 ity to the appropriate tier under paragraph (1). 

13 ‘‘(3) NOTIFICATION.— 

14 ‘‘(A) IN GENERAL.—Not later than 60 

15 days after the date on which the Secretary de16 termines that a chemical facility is a covered 

17 chemical facility or is no longer a covered chem18 ical facility or changes the tier assignment of a 

19 covered chemical facility under paragraph (1), 

20 the Secretary shall notify the owner or operator 

21 of the chemical facility of the determination or 

22 change. 

23 ‘‘(B) REQUIRED INFORMATION.—A notifi24 cation made by the Secretary under subpara25 graph (A) shall include— 


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1 ‘‘(i) the reason for the determination 

2 or change described in subparagraph (A); 

3 and 

4 ‘‘(ii) upon the request of the owner or 

5 operator of a covered chemical facility— 

6 ‘‘(I) the number of individuals at 

7 risk of death, injury, or severe adverse 

8 effects to human health as a result of 

9 a worst case chemical facility terrorist 

10 incident at the covered chemical facil11 ity; 

12 ‘‘(II) information relating to why 

13 the covered chemical facility is consid14 ered critical; and 

15 ‘‘(III) the proximity or inter16 relationship of the covered chemical 

17 facility to other critical infrastructure. 

18 ‘‘(d) REQUIREMENT FOR REVIEW.—The Secretary— 

19 ‘‘(1) shall periodically review— 

20 ‘‘(A) the designation of a chemical sub21 stance as a substance of concern and the 

22 threshold quantity for the substance under sub23 section (a)(1); and 

24 ‘‘(B) whether a chemical facility meets the 

25 criteria under subsection (b)(1); and 


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1 ‘‘(2) may, at any time, determine whether a 

2 chemical facility is a covered chemical facility or 

3 change the tier to which the covered chemical facility 

4 is assigned under subsection (c)(1). 

5 ‘‘(e) PROVISION OF THREAT-RELATED INFORMA6 TION.—The Secretary shall provide to the owner or oper7 ator or security officer of a covered chemical facility threat 

8 information relating to probable threats to the covered 

9 chemical facility and methods that could be used in a 

10 chemical facility terrorist incident in order to assist the 

11 owner or operator in effectively assessing the 

12 vulnerabilities to the covered chemical facility. 

13 ‘‘SEC. 2103. SECURITY VULNERABILITY ASSESSMENTS AND 

14 SITE SECURITY PLANS. 

15 ‘‘(a) IN GENERAL.— 

16 ‘‘(1) REQUIREMENT.—The Secretary shall— 

17 ‘‘(A) establish standards, protocols, and 

18 procedures for security vulnerability assess19 ments and site security plans required for cov20 ered chemical facilities under this paragraph; 

21 ‘‘(B) require the owner or operator of each 

22 covered chemical facility to— 

23 ‘‘(i) conduct and submit to the Sec24 retary an assessment of the vulnerability of 

25 the covered chemical facility to a range of 


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1 chemical facility terrorist incidents, includ2 ing an incident that results in a worst-case 

3 release of a substance of concern; 

4 ‘‘(ii) prepare, implement, and submit 

5 to the Secretary a site security plan for the 

6 covered chemical facility that addresses the 

7 security vulnerability assessment and 

8 meets the risk-based chemical security per9 formance standards established under sub10 section (c); 

11 ‘‘(iii) in developing the security vul12 nerability assessment and site security 

13 plan, include participation by— 

14 ‘‘(I) not less than 1 supervisory 

15 employee of the covered chemical fa16 cility; 

17 ‘‘(II) not less than 1 non18 supervisory employee of the covered 

19 chemical facility; and 

20 ‘‘(III) not less than 1 employee 

21 representative from each bargaining 

22 agent at the covered chemical facility, 

23 if any; and 

24 ‘‘(iv) include, with the submission of 

25 the security vulnerability assessment and 


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1 the site security plan of the covered chem2 ical facility, a signed statement by the 

3 owner or operator of the covered chemical 

4 facility that certifies that the submission is 

5 provided to the Secretary with knowledge 

6 of the possible penalties under section 

7 2107; 

8 ‘‘(C) set deadlines, by tier, for the comple9 tion of security vulnerability assessments and 

10 site security plans; 

11 ‘‘(D) upon request, as necessary, and to 

12 the extent that resources permit, provide tech13 nical assistance to a covered chemical facility 

14 conducting a security vulnerability assessment 

15 or site security plan; 

16 ‘‘(E) establish specific deadlines and re17 quirements for the submission by a covered 

18 chemical facility of information describing— 

19 ‘‘(i) any change in the use by the cov20 ered chemical facility of more than a 

21 threshold amount of any substance of con22 cern that may affect the requirements of 

23 the covered chemical facility under this 

24 title; or 


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1 ‘‘(ii) any material modification to the 

2 operations or site of the covered chemical 

3 facility that may affect the security vulner4 ability assessment or site security plan 

5 submitted by the covered chemical facility; 

6 ‘‘(F) require the owner or operator of a 

7 covered chemical facility to review and resubmit 

8 a security vulnerability assessment or site secu9 rity plan not less frequently than once every 5 

10 years; 

11 ‘‘(G) not later than 180 days after the 

12 date on which the Secretary receives a security 

13 vulnerability assessment or site security plan 

14 under this paragraph— 

15 ‘‘(i) review and approve or disapprove 

16 the security vulnerability assessment or 

17 site security plan; and 

18 ‘‘(ii) notify the covered chemical facil19 ity of the approval or disapproval; and 

20 ‘‘(H) establish, as appropriate, modified or 

21 separate standards, protocols, and procedures 

22 for security vulnerability assessments and site 

23 security plans for covered chemical facilities 

24 that are also academic laboratories. 


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1 ‘‘(2) INHERENTLY GOVERNMENTAL FUNC2 TION.—The approval or disapproval of a security 

3 vulnerability assessment or site security plan by the 

4 Secretary under this section is an inherently govern5 mental function. 

6 ‘‘(b) PARTICIPATION IN PREPARATION OF SECURITY

7 VULNERABILITY ASSESSMENTS OR SITE SECURITY

8 PLANS.—Any person selected by the owner or operator of 

9 a covered chemical facility or by a certified or recognized 

10 bargaining agent of a covered chemical facility to partici11 pate in the development of the security vulnerability as12 sessment or site security plan for the covered chemical fa13 cility shall be permitted to participate if the person pos14 sesses knowledge, experience, training, or education rel15 evant to the portion of the security vulnerability assess16 ment or site security plan on which the person is partici17 pating. 

18 ‘‘(c) FELLOWSHIPS TO SMALL CHEMICAL FACILITIES

19 TO PARTICIPATE IN PREPARATION OF SECURITY VUL20 NERABILITY ASSESSMENTS OR SITE SECURITY PLANS.— 

21 Any person selected by the owner or operator of a covered 

22 chemical facility that is designated as a ‘small chemical 

23 facility’ by the Secretary of Homeland Security that pro24 duces, stores, processes or transports chemicals designated 

25 as a ‘risk’ by the Secretary, shall qualify for assistance 


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1 to receive training, technical assistance and logistical sup2 port to meet the requirements set forth by the Secretary 

3 of a secure facility or other criteria as designated by the 

4 Secretary. 

5 ‘‘(d) CHEMICAL FACILITY SECURITY PERFORMANCE

6 STANDARDS.—The Secretary shall establish risk-based 

7 performance standards to ensure or enhance the security 

8 of a covered chemical facility against a chemical facility 

9 terrorist incident that are designed to address— 

10 ‘‘(1) restricting the area perimeter of the cov11 ered chemical facility; 

12 ‘‘(2) securing site assets; 

13 ‘‘(3) screening and controlling access to the cov14 ered chemical facility and to restricted areas within 

15 the covered chemical facility by screening or inspect16 ing individuals and vehicles as they enter, includ17 ing— 

18 ‘‘(A) measures to deter the unauthorized 

19 introduction of dangerous substances and de20 vices that may facilitate a chemical facility ter21 rorist incident or actions having serious nega22 tive consequences for the population sur23 rounding the covered chemical facility; and 

24 ‘‘(B) measures implementing a regularly 

25 updated identification system that checks the 


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1 identification of covered chemical facility per2 sonnel and other persons seeking access to the 

3 covered chemical facility and that discourages 

4 abuse through established disciplinary meas5 ures; 

6 ‘‘(4) methods to deter, detect, and delay a 

7 chemical facility terrorist incident, creating sufficient 

8 time between detection of a chemical facility ter9 rorist incident and the point at which the chemical 

10 facility terrorist incident becomes successful, includ11 ing measures to— 

12 ‘‘(A) deter vehicles from penetrating the 

13 perimeter of the covered chemical facility, gain14 ing unauthorized access to restricted areas, or 

15 otherwise presenting a hazard to potentially 

16 critical targets; 

17 ‘‘(B) deter chemical facility terrorist inci18 dents through visible, professional, well-main19 tained security measures and systems, includ20 ing— 

21 ‘‘(i) security personnel; 

22 ‘‘(ii) detection systems; 

23 ‘‘(iii) barriers and barricades; and 

24 ‘‘(iv) hardened or reduced value tar25 gets; 


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1 ‘‘(C) detect chemical facility terrorist inci2 dents at early stages through— 

3 ‘‘(i) counter-surveillance at the site of 

4 the covered chemical facility; 

5 ‘‘(ii) frustration of opportunity to ob6 serve potential targets; 

7 ‘‘(iii) site surveillance and sensing sys8 tems; and 

9 ‘‘(iv) barriers and barricades; and 

10 ‘‘(D) delay a chemical facility terrorist in11 cident for a sufficient period of time so as to 

12 allow appropriate response through— 

13 ‘‘(i) onsite security response; 

14 ‘‘(ii) barriers and barricades; 

15 ‘‘(iii) hardened targets; and 

16 ‘‘(iv) well-coordinated response plan17 ning; 

18 ‘‘(5) securing and monitoring the shipping, re19 ceipt, and storage of a substance of concern for the 

20 covered chemical facility; 

21 ‘‘(6) deterring theft or diversion of a substance 

22 of concern; 

23 ‘‘(7) deterring insider sabotage; 


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1 ‘‘(8) deterring cyber sabotage, including by pre2 venting unauthorized onsite or remote access to crit3 ical process controls, including— 

4 ‘‘(A) supervisory control and data acquisi5 tion systems; 

6 ‘‘(B) distributed control systems; 

7 ‘‘(C) process control systems; 

8 ‘‘(D) industrial control systems; 

9 ‘‘(E) critical business systems; and 

10 ‘‘(F) other sensitive computerized systems; 

11 ‘‘(9) developing and conducting exercises of an 

12 internal emergency plan for owners, operators, and 

13 covered individuals for a covered chemical facility for 

14 responding to chemical facility terrorist incidents at 

15 the covered chemical facility, including providing ap16 propriate information to any local emergency plan17 ning committee, State emergency response commis18 sion, local law enforcement officials, and emergency 

19 response providers to ensure an effective, collective 

20 response to terrorist incidents; 

21 ‘‘(10) maintaining effective monitoring, commu22 nications, and warning systems, including— 

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1 ing order and inspected, tested, calibrated, and 

2 otherwise maintained; 

3 ‘‘(B) measures designed to regularly test 

4 security systems, note deficiencies, correct for 

5 detected deficiencies, and record results so that 

6 the results are available for inspection by the 

7 Secretary; and 

8 ‘‘(C) measures to allow the chemical facil9 ity to promptly identify and respond to security 

10 system and equipment failures or malfunctions; 

11 ‘‘(11) ensuring mandatory annual security 

12 training, exercises, and drills of covered chemical fa13 cility personnel appropriate to their roles, respon14 sibilities, and access to a substance of concern, in15 cluding participation by local law enforcement agen16 cies, and local emergency response providers, and 

17 appropriate supervisory and non-supervisory facility 

18 employees and employee representatives, if any; 

19 ‘‘(12) performing personnel surety for individ20 uals with access to restricted areas or critical assets 

21 by conducting appropriate background checks and 

22 ensuring appropriate credentials for unescorted visi23 tors and covered chemical facility personnel, includ24 ing permanent and part-time personnel, temporary 

25 personnel, and contract personnel, including— 


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1 ‘‘(A) measures designed to verify and vali2 date identity; 

3 ‘‘(B) measures designed to check criminal 

4 history; 

5 ‘‘(C) measures designed to verify and vali6 date legal authorization to work; and 

7 ‘‘(D) measures designed to identify individ8 uals with terrorist ties; 

9 ‘‘(13) escalating the level of protective measures 

10 for periods of elevated threat; 

11 ‘‘(14) specific threats, vulnerabilities, or risks 

12 identified by the Secretary for the covered chemical 

13 facility; 

14 ‘‘(15) reporting of significant security incidents 

15 to the Secretary and to appropriate local law en16 forcement officials; 

17 ‘‘(16) identifying, investigating, reporting, and 

18 maintaining records of significant security incidents 

19 and suspicious activities at or near the covered 

20 chemical facility; 

21 ‘‘(17) establishing 1 or more officials and an or22 ganization responsible for— 

23 ‘‘(A) security; 

24 ‘‘(B) compliance with the standards estab25 lished under this subsection; 


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1 ‘‘(C) serving as the point of contact for in2 cident management purposes with Federal 

3 agencies, agencies of State or local government 

4 (including law enforcement agencies), and emer5 gency response providers; and 

6 ‘‘(D) coordination with Federal agencies, 

7 agencies of State or local government (including 

8 law enforcement agencies), and emergency re9 sponse providers regarding plans and security 

10 measures for the collective response to a chem11 ical facility terrorist incident; 

12 ‘‘(18) maintaining appropriate records relating 

13 to the security of the covered chemical facility, in14 cluding a copy of the most recent security vulner15 ability assessment and site security plan, at the cov16 ered chemical facility; 

17 ‘‘(19) assessing and, as appropriate, using 

18 methods to reduce the consequences of a terrorist 

19 attack; 

20 ‘‘(20) methods to recover or mitigate the re21 lease of a substance of concern in the event of a 

22 chemical facility terrorist incident; 

23 ‘‘(21) methods to mitigate the risks of exposure 

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1 tamination procedures designed to neutralize the 

2 chemical agents; and 

3 ‘‘(22) any additional security performance 

4 standards the Secretary may specify. 

5 ‘‘(e) RISK-BASED CHEMICAL SECURITY PERFORM6 ANCE STANDARDS.— 

7 ‘‘(1) IN GENERAL.—The Secretary shall estab8 lish risk-based chemical security performance stand9 ards for the site security plans required to be sub10 mitted by covered chemical facilities under sub11 section (a). 

12 ‘‘(2) REQUIREMENTS.—In establishing the risk13 based chemical security performance standards 

14 under paragraph (1), the Secretary shall— 

15 ‘‘(A) require separate and, as appropriate, 

16 increasingly stringent risk-based chemical secu17 rity performance standards for site security 

18 plans as the level of risk associated with the 

19 tier increases; and 

20 ‘‘(B) permit each covered chemical facility 

21 that submits a site security plan to select a 

22 combination of security measures that satisfy 

23 the risk-based chemical security performance 

24 standards established by the Secretary under 

25 this subsection. 


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1 ‘‘(f) COLLOCATED CHEMICAL FACILITIES.—The Sec2 retary may allow an owner or operator of a covered chem3 ical facility that is located geographically close, as deter4 mined by the Secretary, to another covered chemical facil5 ity to develop and implement coordinated security vulner6 ability assessments and site security plans. 

7 ‘‘(g) ALTERNATE SECURITY PROGRAMS AS COMPO8 NENT OF SECURITY VULNERABILITY ASSESSMENT AND

9 SITE SECURITY PLAN.— 

10 ‘‘(1) ACCEPTANCE OF PROGRAM.—At the re11 quest of an owner or operator of a covered chemical 

12 facility, the Secretary may accept an alternate secu13 rity program submitted by the owner or operator as 

14 a component of the security vulnerability assessment 

15 or site security plan required under this section, if 

16 the Secretary determines that the alternate security 

17 program, in combination with other components of 

18 the security vulnerability assessment and site secu19 rity plan submitted by the owner or operator of the 

20 covered chemical facility— 

21 ‘‘(A) meets the requirements under this 

22 title and the regulations promulgated under this 

23 title; 

24 ‘‘(B) provides the level of security that is 

25 equivalent to the level of security required 


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1 under this title and the regulations promulgated 

2 under this title; and 

3 ‘‘(C) includes employee participation as re4 quired under subsection (a)(1)(B)(iii). 

5 ‘‘(2) SECRETARIAL REVIEW REQUIRED.—Noth6 ing in this subsection shall relieve the Secretary of 

7 the obligation to— 

8 ‘‘(A) review a security vulnerability assess9 ment or site security plan submitted by a cov10 ered chemical facility under this section; and 

11 ‘‘(B) approve or disapprove the security 

12 vulnerability assessment or site security plan on 

13 an individual basis according to the deadlines 

14 established under subsection (a). 

15 ‘‘(3) OBLIGATIONS OF COVERED CHEMICAL FA16 CILITY UNAFFECTED.—Nothing in this subsection 

17 shall relieve a covered chemical facility of the obliga18 tion and responsibility to comply with any require19 ment under this title. 

20 ‘‘(4) GRANTS OR TECHNICAL ASSISTANCE TO

21 SMALL CHEMICAL FACILITIES.—Grants or technical 

22 assistance to small chemical facilities to comply with 

23 section 2103. Security Vulnerability Assessments 

24 and Site Security Plans of the bill. 


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1 ‘‘(5) PERSONNEL SURETY ALTERNATE SECU2 RITY PROGRAM.—Upon application from a nonprofit 

3 personnel surety accrediting organization acting on 

4 behalf of, and with written authorization from, the 

5 owner or operator of a covered chemical facility, the 

6 Secretary may accept a personnel surety alternate 

7 security program that— 

8 ‘‘(A) meets the requirements of section 

9 2115; and 

10 ‘‘(B) provides for a background check 

11 process that is— 

12 ‘‘(i) expedited, affordable, reliable, 

13 and accurate; 

14 ‘‘(ii) fully protective of the rights of 

15 covered individuals through procedures 

16 that are consistent with the privacy protec17 tions available under the Fair Credit Re18 porting Act (15 U.S.C. 1681 et seq.); and 

19 ‘‘(iii) a single background check con20 sistent with a risk-based tiered program. 

21 ‘‘(h) OTHER AUTHORITIES.— 

22 ‘‘(1) REGULATION OF MARITIME FACILITIES.— 

23 ‘‘(A) RISK-BASED TIERING.—The owner or 

24 operator of a chemical facility required to sub25 mit a facility security plan under section 


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1 70103(c) of title 46, United States Code, shall 

2 be required to submit information to the Sec3 retary necessary to— 

4 ‘‘(i) determine whether to designate 

5 the chemical facility as a covered chemical 

6 facility; and 

7 ‘‘(ii) assign the chemical facility to a 

8 risk-based tier under section 2102 of this 

9 title. 

10 ‘‘(B) ADDITIONAL MEASURES.—Subject to 

11 subparagraph (C), in the case of a facility for 

12 which a facility security plan is required to be 

13 submitted under section 70103(c) of title 46, 

14 United States Code, that is designated as a cov15 ered chemical facility, the Commandant of the 

16 Coast Guard, after consultation with the Sec17 retary, shall require the owner or operator of 

18 the facility to update the security vulnerability 

19 assessments and facility security plans required 

20 under section 70103(c) of title 46, United 

21 States Code, if necessary, to ensure a level of 

22 security for substances of concern that is equiv23 alent to the level of security required by regula24 tions promulgated under this title, including the 

25 requirements under section 2111, in the same 


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1 manner as other covered chemical facilities in 

2 this title. 

3 ‘‘(C) PERSONNEL SURETY.— 

4 ‘‘(i) EXCEPTION.—The owner or oper5 ator of a covered chemical facility that has 

6 a facility security plan approved under sec7 tion 70103(c) of title 46, United States 

8 Code, shall not be required to update or 

9 amend the facility security plan in order to 

10 meet the requirements under section 2115 

11 of this title. 

12 ‘‘(ii) EQUIVALENT ACCESS.—An indi13 vidual described in section 2115(b)(1)(B) 

14 who has been granted access to restricted 

15 areas or critical assets by the owner or op16 erator of a facility for which a facility se17 curity plan is required to be submitted 

18 under section 70103(c) of title 46, United 

19 States Code, may be considered by the 

20 owner or operator to have satisfied the re21 quirement for passing a security back22 ground check required under section 2115 

23 for purposes of granting the individual ac24 cess to restricted areas or critical assets of 


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1 a covered chemical facility that is owned or 

2 operated by the same owner or operator. 

3 ‘‘(D) INFORMATION SHARING AND PRO4 TECTION.—Notwithstanding section 70103(d) 

5 of title 46, United States Code, the Com6 mandant of the Coast Guard, after consultation 

7 with the Secretary, shall apply the information 

8 sharing and protection requirements in section 

9 2110 of this title to a facility described in sub10 paragraph (B). 

11 ‘‘(E) ENFORCEMENT.—The Secretary shall 

12 establish, by rule, procedures to ensure that an 

13 owner or operator of a covered chemical facility 

14 that is required to update the security vulner15 ability assessment and facility security plan for 

16 the covered chemical facility under subpara17 graph (B) is in compliance with this title. 

18 ‘‘(F) FORMAL AGREEMENT.—The Sec19 retary shall— 

20 ‘‘(i) require the Office of Infrastruc21 ture Protection and the Coast Guard to 

22 enter into a formal agreement detailing the 

23 respective roles and responsibilities of the 

24 Office of Infrastructure Protection and the 

25 Coast Guard in carrying out this title, 


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1 which shall ensure that the enforcement 

2 and compliance requirements under this 

3 title and section 70103 of title 46, United 

4 States Code, are not conflicting or duplica5 tive; and 

6 ‘‘(ii) designate the agency responsible 

7 for enforcing this title with respect to cov8 ered chemical facilities for which facility 

9 security plans are required to be submitted 

10 under section 70103(c) of title 46, United 

11 States Code, consistent with the require12 ments of subparagraphs (B) and (D). 

13 ‘‘(2) COORDINATION OF STORAGE LICENSING

14 OR PERMITTING REQUIREMENT.—In the case of any 

15 storage required to be licensed or permitted under 

16 chapter 40 of title 18, United States Code, the Sec17 retary shall prescribe the rules and regulations for 

18 the implementation of this section, with the concur19 rence of the Attorney General, and avoid unneces20 sary duplication of regulatory requirements. 

21 ‘‘(i) ROLE OF EMPLOYEES.— 

22 ‘‘(1) DESCRIPTION OF ROLE REQUIRED.—A site 

23 security plan for an owner or operator of a covered 

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1 form to deter or respond to a chemical facility ter2 rorist incident. 

3 ‘‘(2) ANNUAL TRAINING FOR EMPLOYEES.— 

4 ‘‘(A) IN GENERAL.—The owner or operator 

5 of a covered chemical facility shall annually pro6 vide each covered individual with a role or re7 sponsibility referred to in paragraph (1) at the 

8 covered chemical facility with not less than 8 

9 hours of training. 

10 ‘‘(B) REQUIREMENTS.—The training re11 quired under subparagraph (A) shall, as rel12 evant to the role or responsibility of the covered 

13 individual— 

14 ‘‘(i) include an identification and dis15 cussion of substances of concern; 

16 ‘‘(ii) include a discussion of possible 

17 consequences of a chemical facility ter18 rorist incident; 

19 ‘‘(iii) review and include exercises of 

20 the site security plan of the covered chem21 ical facility, including any requirements for 

22 differing threat levels; 

23 ‘‘(iv) include a review of information 

24 protection requirements; 


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1 ‘‘(v) include a discussion of physical 

2 and cyber security equipment, systems, 

3 and methods used to achieve chemical se4 curity performance standards; 

5 ‘‘(vi) allow training with other rel6 evant participants, including Federal em7 ployees, employees of a State or local gov8 ernment, and emergency response pro9 viders, where appropriate; 

10 ‘‘(vii) use national voluntary con11 sensus standards, chosen jointly with em12 ployee representatives, if any; 

13 ‘‘(viii) allow instruction through gov14 ernment training programs, chemical facili15 ties, academic institutions, nonprofit orga16 nizations, industry and private organiza17 tions, employee organizations, and other 

18 relevant entities that provide such training; 

19 ‘‘(ix) use multiple training media and 

20 methods; 

21 ‘‘(x) include a discussion of appro22 priate emergency response procedures, in23 cluding procedures to mitigate the effects 

24 of a chemical facility terrorist incident; and 


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1 ‘‘(xi) include review and discussion of 

2 methods to reduce the consequences of a 

3 terrorist attack that are applicable to the 

4 covered chemical facility. 

5 ‘‘(3) EQUIVALENT TRAINING.—An owner or op6 erator of a covered chemical facility may satisfy the 

7 training requirement described in clause (i), (ii), 

8 (iii), (iv), (v), or (x) of subparagraph (2)(B) for a 

9 covered individual with roles or responsibilities under 

10 paragraph (1) through training that the owner or 

11 operator certifies is equivalent, in a manner pre12 scribed by the Secretary. 

13 ‘‘(4) WORKER TRAINING GRANT PROGRAM.— 

14 ‘‘(A) AUTHORITY.—The Secretary may 

15 make grants to, and enter into cooperative 

16 agreements with, eligible entities to provide for 

17 the training and education of— 

18 ‘‘(i) covered individuals with roles or 

19 responsibilities described in paragraph (1); 

20 and 

21 ‘‘(ii) emergency response providers 

22 who would respond to a chemical facility 

23 terrorist incident. 

24 ‘‘(B) ADMINISTRATION.—The Secretary 

25 shall seek to enter into an agreement with the 


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1 Director of the National Institute for Environ2 mental Health Sciences, or with the head of an3 other Federal or State agency, to make and ad4 minister grants or cooperative agreements 

5 under this paragraph. 

6 ‘‘(C) USE OF FUNDS.—Amounts provided 

7 under this paragraph shall be used to provide 

8 for the training and education of covered indi9 viduals with roles or responsibilities described in 

10 paragraph (1) and emergency response pro11 viders, including— 

12 ‘‘(i) the annual mandatory training 

13 specified in paragraph (2); and 

14 ‘‘(ii) other appropriate training to 

15 protect nearby persons, property, critical 

16 infrastructure, or the environment from 

17 the effects of a chemical facility terrorist 

18 incident. 

19 ‘‘(D) ELIGIBLE ENTITIES.—In this para20 graph, the term ‘eligible entity’ means a non21 profit organization with demonstrated experi22 ence in implementing and operating successful 

23 health and safety or security training programs 

24 for employees or emergency response providers. 


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1 ‘‘(E) PRESUMPTION OF CONGRESS RELAT2 ING TO COMPETITIVE PROCEDURES.— 

3 ‘‘(i) PRESUMPTION.—It is the pre4 sumption of Congress that grants awarded 

5 under this paragraph will be awarded 

6 using competitive procedures based on 

7 merit. 

8 ‘‘(ii) REPORT TO CONGRESS.—If the 

9 Secretary awards grants under this para10 graph without using competitive proce11 dures, the Secretary shall submit to Con12 gress a report explaining why competitive 

13 procedures were not used. 

14 ‘‘(j) STATE, REGIONAL, OR LOCAL GOVERNMENTAL

15 ENTITIES.—A covered chemical facility may not be re16 quired under the law of a State or local government to 

17 provide a security vulnerability assessment or site security 

18 plan to any entity of a State, regional government, or local 

19 government entity solely based on the requirement under 

20 subsection (a) that the covered chemical facility submit a 

21 security vulnerability assessment or site security plan to 

22 the Secretary. 

23 ‘‘SEC. 2104. SITE INSPECTIONS. 

24 ‘‘(a) RIGHT OF ENTRY.—For purposes of carrying 

25 out this title, the Secretary, accompanied by a designated 


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1 local or State official, shall have, at a reasonable time and 

2 on presentation of credentials, a right of entry to, on, or 

3 through any property of a covered chemical facility or any 

4 property on which any record required to be maintained 

5 under this section is located. 

6 ‘‘(b) INSPECTIONS AND VERIFICATIONS.— 

7 ‘‘(1) IN GENERAL.—The Secretary shall, at 

8 such time and place as the Secretary determines to 

9 be reasonable and appropriate, conduct security in10 spections and verifications of a covered chemical fa11 cility. 

12 ‘‘(2) REQUIREMENTS.—To ensure and evaluate 

13 compliance with this title, including any regulations 

14 or requirements adopted by the Secretary in further15 ance of the purposes of this title, in conducting an 

16 inspection or verification under paragraph (1), the 

17 Secretary shall have access to the owners, operators, 

18 employees, and employee representatives, if any, of 

19 a covered chemical facility. 

20 ‘‘(c) UNANNOUNCED INSPECTIONS.— 

21 ‘‘(1) IN GENERAL.—In addition to any inspec22 tion conducted under subsection (b), the Secretary 

23 shall conduct unannounced facility inspections of 

24 covered chemical facilities assigned to tier 1 or tier 

25 2 under section 2102(c)(1). 


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1 ‘‘(2) REQUIREMENTS.—The inspections re2 quired under this subsection shall be— 

3 ‘‘(A) conducted without prior notice to the 

4 owner, operator, or any employee of the covered 

5 chemical facility; 

6 ‘‘(B) designed to evaluate at the covered 

7 chemical facility undergoing inspection— 

8 ‘‘(i) the ability of the covered chemical 

9 facility to prevent a chemical facility ter10 rorist incident that the site security plan of 

11 the covered chemical facility is intended to 

12 prevent; 

13 ‘‘(ii) the ability of the covered chem14 ical facility to protect against security 

15 threats that are required to be addressed 

16 by the site security plan of the covered 

17 chemical facility; and 

18 ‘‘(iii) any weaknesses in the site secu19 rity plan of the covered chemical facility; 

20 ‘‘(C) conducted so as not to affect the ac21 tual security, physical integrity, safety, or reg22 ular operations of the covered chemical facility 

23 or the employees of the covered chemical facility 

24 while the inspection is conducted; and 

25 ‘‘(D) conducted— 


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1 ‘‘(i) every 2 years in the case of a cov2 ered chemical facility assigned to tier 1; 

3 and 

4 ‘‘(ii) every 4 years in the case of a 

5 covered chemical facility assigned to tier 2. 

6 ‘‘(3) POST-INSPECTION NOTICE.—After con7 ducting an unannounced inspection of a facility 

8 under this subsection, the Secretary shall provide 

9 post-inspection notice to a designated local or State 

10 office with oversight responsibility for that facility. 

11 ‘‘(d) CHEMICAL FACILITY INSPECTORS AUTHOR12 IZED.—During fiscal years 2015 and 2016, and subject 

13 to the availability of appropriations, the Secretary shall 

14 increase by not less than 100 the total number of chemical 

15 facility inspectors within the Department to ensure com16 pliance with this title. 

17 ‘‘(e) CONFIDENTIAL COMMUNICATIONS.—The Sec18 retary shall offer non-supervisory employees of a covered 

19 chemical facility the opportunity to confidentially commu20 nicate information relevant to the compliance or non21 compliance of the employer with this title, including com22 pliance or noncompliance with any regulation or require23 ment adopted by the Secretary under this title. 

24 ‘‘(f) RIGHT TO ACCOMPANY DURING PHYSICAL IN25 SPECTION.—If a representative of the owner or operator 


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1 of a covered chemical facility will accompany the Secretary 

2 on a physical inspection of the covered chemical facility, 

3 an employee representative of each certified or recognized 

4 bargaining agent at the covered chemical facility, if any, 

5 or, if none, a nonsupervisory employee, shall be offered 

6 the opportunity to accompany the Secretary during the 

7 physical inspection to aid in the inspection. 

8 ‘‘SEC. 2105. RECORDS. 

9 ‘‘(a) REQUEST FOR RECORDS.—For purposes of car10 rying out this title, the Secretary may require submission 

11 of, or upon presentation of credentials and at reasonable 

12 times may obtain access to and copy, any records, includ13 ing any records maintained in electronic format, necessary 

14 for reviewing or analyzing a security vulnerability assess15 ment, or site security plan submitted under section 2103, 

16 or for assessing the implementation of a site security plan. 

17 ‘‘(b) PROPER HANDLING OF RECORDS.—The Sec18 retary shall ensure that any records accessed under sub19 section (a) are handled and secured appropriately in ac20 cordance with section 2110. 

21 ‘‘SEC. 2106. TIMELY SHARING OF THREAT INFORMATION. 

22 ‘‘(a) RESPONSIBILITIES OF SECRETARY.—Upon the 

23 receipt of information concerning a threat that is relevant 

24 to a certain covered chemical facility, the Secretary shall 

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1 imum extent practicable under applicable authority and in 

2 the interests of national security, to— 

3 ‘‘(1) the owner, operator, or security officer of 

4 the covered chemical facility; 

5 ‘‘(2) a representative of each recognized or cer6 tified bargaining agent at the covered chemical facil7 ity, if any; and 

8 ‘‘(3) relevant authorities of State or local gov9 ernment, including the State Homeland Security Ad10 visor, if any. 

11 ‘‘(b) RESPONSIBILITIES OF OWNER OR OPERATOR.— 

12 The Secretary shall require the owner or operator of a 

13 covered chemical facility to provide to the Secretary in a 

14 timely manner— 

15 ‘‘(1) information concerning— 

16 ‘‘(A) a threat about any significant secu17 rity incident or threat to the covered chemical 

18 facility; or 

19 ‘‘(B) any intentional or unauthorized pene20 tration of the physical security or cyber security 

21 of the covered chemical facility, whether suc22 cessful or unsuccessful; and 

23 ‘‘(2) the local and State office with oversight 

24 authority over the facility. 


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1 ‘‘SEC. 2107. ENFORCEMENT. 

2 ‘‘(a) REVIEW OF SECURITY VULNERABILITY ASSESS3 MENT AND SITE SECURITY PLAN.— 

4 ‘‘(1) DISAPPROVAL.—The Secretary shall dis5 approve a security vulnerability assessment or site 

6 security plan submitted under this title if the Sec7 retary determines that— 

8 ‘‘(A) the security vulnerability assessment 

9 or site security plan does not comply with the 

10 standards, protocols, or procedures under sec11 tion 2103(a)(1)(A); or 

12 ‘‘(B) in the case of a site security plan— 

13 ‘‘(i) the site security plan or the im14 plementation of the site security plan is in15 sufficient to address vulnerabilities identi16 fied in a security vulnerability assessment, 

17 site inspection, or unannounced inspection 

18 of the covered chemical facility; or 

19 ‘‘(ii) the site security plan fails to 

20 meet all applicable chemical facility secu21 rity performance standards. 

22 ‘‘(2) NOTIFICATION OF DISAPPROVAL.—If the 

23 Secretary disapproves the security vulnerability as24 sessment or site security plan submitted by a cov25 ered chemical facility under this title or the imple26 mentation of a site security plan by a covered chemVerDate Sep 11 2014 04:19 Jan 10, 2015 Jkt 049200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H54.IH H54

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1 ical facility, the Secretary shall provide the owner or 

2 operator of the covered chemical facility a written 

3 notification of the disapproval not later than 14 days 

4 after the date on which the Secretary disapproves 

5 the security vulnerability assessment or site security 

6 plan, which shall— 

7 ‘‘(A) include a clear explanation of defi8 ciencies in the security vulnerability assessment, 

9 site security plan, or implementation of the site 

10 security plan; and 

11 ‘‘(B) require the owner or operator of the 

12 covered chemical facility to— 

13 ‘‘(i) revise the security vulnerability 

14 assessment or site security plan to address 

15 any deficiencies; and 

16 ‘‘(ii) by such date as the Secretary de17 termines is appropriate, submit the revised 

18 security vulnerability assessment or site se19 curity plan to the Secretary. 

20 ‘‘(b) REMEDIES.— 

21 ‘‘(1) ORDER FOR COMPLIANCE.—If the Sec22 retary determines that an owner or operator of a 

23 covered chemical facility has violated or is in viola24 tion of any requirement of this title or has failed or 

25 is failing to address any deficiencies in the security 


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1 vulnerability assessment, site security plan, or imple2 mentation of the site security plan for the covered 

3 chemical facility by such date as designated by the 

4 Secretary, the Secretary may— 

5 ‘‘(A) after providing notice to the owner or 

6 operator and an opportunity, in accordance 

7 with the regulations issued under this title, for 

8 the owner or operator to seek review by the De9 partment of the determination of the Secretary, 

10 issue an order assessing an administrative pen11 alty of not more than $25,000 for each day be12 fore, on, or after the date of the order that the 

13 violation occurs or for each day after the date 

14 of the order that a failure to comply continues, 

15 requiring compliance immediately or within a 

16 specified time period, or both; or 

17 ‘‘(B) in a civil action, obtain appropriate 

18 equitable relief, a civil penalty of not more than 

19 $25,000 for each day before, on, or after the 

20 date of the order that the violation occurs or for 

21 each day after the date of the order that a fail22 ure to comply continues, or both. 

23 ‘‘(2) ORDER TO CEASE OPERATIONS.—If the 

24 Secretary determines that an owner or operator of 

25 a covered chemical facility continues to be in nonVerDate Sep 11 2014 04:19 Jan 10, 2015 Jkt 049200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H54.IH H54

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1 compliance after an order for compliance is issued 

2 under paragraph (1), the Secretary may issue an 

3 order to the owner or operator to cease operations 

4 at the covered chemical facility until the Secretary 

5 determines the owner or operator is in compliance. 

6 ‘‘(c) APPLICABILITY OF PENALTIES.—A penalty 

7 under subsection (b)(1) may be imposed for any violation 

8 of this title, including a violation of the whistleblower pro9 tections under section 2108. 

10 ‘‘SEC. 2108. WHISTLEBLOWER PROTECTIONS. 

11 ‘‘(a) ESTABLISHMENT.— 

12 ‘‘(1) IN GENERAL.—The Secretary shall estab13 lish and provide information to the public regarding 

14 a process by which an individual may submit a re15 port to the Secretary regarding problems, defi16 ciencies, or vulnerabilities at a covered chemical fa17 cility associated with the risk of a chemical facility 

18 terrorist incident. 

19 ‘‘(2) CONFIDENTIALITY.— 

20 ‘‘(A) IN GENERAL.—The Secretary shall 

21 keep confidential the identity of any individual 

22 who submits a report under this subsection. 

23 ‘‘(B) COMPLIANCE WITH SECTION 2110.—A 

24 report submitted under this subsection shall be 

25 treated as protected information under section 


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1 2110 to the extent that the report does not con2 sist of publicly available information. 

3 ‘‘(3) ACKNOWLEDGMENT OF RECEIPT.—If a re4 port submitted under this subsection identifies the 

5 individual submitting the report, the Secretary shall 

6 respond promptly to the individual to acknowledge 

7 receipt of the report. 

8 ‘‘(4) STEPS TO ADDRESS PROBLEMS.—The Sec9 retary shall— 

10 ‘‘(A) review and consider the information 

11 provided in a report submitted under this sub12 section; and 

13 ‘‘(B) as necessary, take appropriate steps 

14 under this title to address any problem, defi15 ciency, or vulnerability identified in the report. 

16 ‘‘(b) RETALIATION PROHIBITED.— 

17 ‘‘(1) PROHIBITION.—An owner or operator of a 

18 covered chemical facility, for-profit or nonprofit cor19 poration, association, or any contractor, subcon20 tractor or agent thereof, may not discharge an em21 ployee or otherwise discriminate against an employee 

22 with respect to compensation of the employee, terms, 

23 conditions, or other privileges of employment be24 cause the employee (or any individual acting on be25 half of the employee)— 


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1 ‘‘(A) notified the Secretary, the owner or 

2 operator of a covered chemical facility, or the 

3 employer of the employee of an alleged violation 

4 of this title, including notification of such an al5 leged violation through communications related 

6 to carrying out the job duties of the employee; 

7 ‘‘(B) refused to participate in any conduct 

8 that the employee reasonably believes is in non9 compliance with a requirement under this title, 

10 if the employee has identified the alleged non11 compliance to the employer; 

12 ‘‘(C) testified before or otherwise provided 

13 information relevant for Congress or for any 

14 Federal or State proceeding regarding any pro15 vision (or proposed provision) of this title; 

16 ‘‘(D) commenced, caused to be commenced, 

17 or is about to commence or cause to be com18 menced a proceeding under this title; 

19 ‘‘(E) testified, or is about to testify, in a 

20 proceeding under this title; or 

21 ‘‘(F) assisted or participated, or is about 

22 to assist or participate, in any manner in a pro23 ceeding under this title or in any other action 

24 to carry out the purposes of this title. 

25 ‘‘(2) ENFORCEMENT ACTION.— 


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1 ‘‘(A) IN GENERAL.—An employee covered 

2 by this section who alleges discrimination by an 

3 employer in violation of paragraph (1) may 

4 bring an action governed by the rules and pro5 cedures, legal burdens of proof, and remedies 

6 applicable under subsections (d) through (h) of 

7 section 20109 of title 49, United States Code. 

8 ‘‘(B) DISTRICT COURT REVIEW.—An em9 ployee who brings an action under subpara10 graph (A) may seek review by a district court 

11 of the United States as set forth in subsection 

12 (d)(3) of section 20109 of title 49, United 

13 States Code not later than 90 days after receiv14 ing a written final determination by the Sec15 retary of Labor. 

16 ‘‘(3) PROHIBITED PERSONNEL PRACTICES AF17 FECTING THE DEPARTMENT.— 

18 ‘‘(A) IN GENERAL.—Notwithstanding any 

19 other provision of law, an individual holding or 

20 applying for a position within the Department 

21 shall be covered by— 

22 ‘‘(i) paragraphs (1), (8), and (9) of 

23 section 2302(b) of title 5, United States 

24 Code; 


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1 ‘‘(ii) any provision of law imple2 menting paragraph (1), (8), or (9) of sec3 tion 2302(b) of title 5, United States 

4 Code, by providing any right or remedy 

5 available to an employee or applicant for 

6 employment in the civil service; and 

7 ‘‘(iii) any rule or regulation prescribed 

8 under paragraph (1), (8), or (9) of section 

9 2302(b) of title 5, United States Code. 

10 ‘‘(B) RULE OF CONSTRUCTION.—Nothing 

11 in this paragraph shall be construed to affect 

12 any rights, apart from those referred to in sub13 paragraph (A), to which an individual described 

14 in subparagraph (A) might otherwise be enti15 tled to under law. 

16 ‘‘SEC. 2109. FEDERAL PREEMPTION. 

17 ‘‘This title does not preclude or deny any right of any 

18 State or unit of local government to adopt or enforce any 

19 regulation, requirement, or standard of performance with 

20 respect to a covered chemical facility that is more strin21 gent than a regulation, requirement, or standard of per22 formance issued under this title, or otherwise impair any 

23 right or jurisdiction of any State or unit of local govern24 ment with respect to covered chemical facilities within the 

25 State or unit of local government. 


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1 ‘‘SEC. 2110. PROTECTION OF INFORMATION. 

2 ‘‘(a) PROHIBITION OF PUBLIC DISCLOSURE OF PRO3 TECTED INFORMATION.—Protected information— 

4 ‘‘(1) shall be exempt from disclosure under sec5 tion 552 of title 5, United States Code; and 

6 ‘‘(2) shall not be made available under the law 

7 of any State or local government requiring disclosure 

8 of information or records. 

9 ‘‘(b) INFORMATION SHARING.— 

10 ‘‘(1) IN GENERAL.—The Secretary shall pre11 scribe such regulations, and may issue such orders, 

12 as necessary to prohibit the unauthorized disclosure 

13 of protected information. 

14 ‘‘(2) SHARING OF PROTECTED INFORMATION.— 

15 ‘‘(A) IN GENERAL.—The regulations pre16 scribed under paragraph (1) shall provide 

17 standards for and facilitate the appropriate 

18 sharing of protected information with and be19 tween— 

20 ‘‘(i) Federal agencies and agencies of 

21 State and local governments; 

22 ‘‘(ii) emergency response providers; 

23 ‘‘(iii) law enforcement officials; 

24 ‘‘(iv) designated supervisory and non25 supervisory covered chemical facility per26 sonnel with security, operational, or fiduVerDate Sep 11 2014 04:19 Jan 10, 2015 Jkt 049200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H54.IH H54

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1 ciary responsibility for the covered chem2 ical facility; and 

3 ‘‘(v) designated employee representa4 tives for a covered chemical facility, if any. 

5 ‘‘(B) REQUIREMENTS.—The standards re6 quired to be established under subparagraph 

7 (A) shall include procedures for the sharing of 

8 all portions of a security vulnerability assess9 ment or site security plan of a covered chemical 

10 facility relating to the roles and responsibilities 

11 of covered individuals under section 2103(h)(1) 

12 with a representative of each certified or recog13 nized bargaining agent representing the covered 

14 individuals, if any, or, if none, with not less 

15 than 1 supervisory and not less than 1 non-su16 pervisory employee with roles or responsibilities 

17 under section 2103(h)(1). 

18 ‘‘(C) PENALTIES.— 

19 ‘‘(i) IN GENERAL.—Protected infor20 mation shall not be shared except in ac21 cordance with the standards provided by 

22 the regulations prescribed under paragraph 

23 (1). 

24 ‘‘(ii) KNOWING VIOLATION.—Any per25 son that discloses protected information in 


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1 knowing violation of the regulations issued 

2 under paragraph (1) shall— 

3 ‘‘(I) be fined under title 18, 

4 United States Code, imprisoned for 

5 not more than 1 year, or both; and 

6 ‘‘(II) in the case of a Federal of7 ficeholder or employee, removed from 

8 Federal office or employment. 

9 ‘‘(c) TREATMENT OF INFORMATION IN ADJUDICA10 TIVE PROCEEDINGS.—In any judicial or administrative 

11 proceeding, protected information shall be treated in a 

12 manner consistent with the treatment of sensitive security 

13 information under section 525 of the Department of 

14 Homeland Security Appropriations Act, 2007 (Public Law 

15 109–295; 120 Stat. 1381). 

16 ‘‘(d) OTHER OBLIGATIONS UNAFFECTED.—Except 

17 as provided in section 2103(i), nothing in this section af18 fects any obligation of the owner or operator of a chemical 

19 facility under any other law to submit or make available 

20 information required by such other law to— 

21 ‘‘(1) employees of the chemical facility; 

22 ‘‘(2) employee organizations; 

23 ‘‘(3) health professionals; 

24 ‘‘(4) emergency response organizations; or 


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1 ‘‘(5) the Federal Government or a State or local 

2 government. 

3 ‘‘(e) SUBMISSION OF INFORMATION TO CONGRESS.— 

4 Nothing in this title shall permit or authorize the with5 holding of information from Congress or any committee 

6 or subcommittee thereof. 

7 ‘‘(f) DISCLOSURE OF INDEPENDENTLY FURNISHED

8 INFORMATION.—Nothing in this title shall affect any au9 thority or obligation of a Federal agency or agency of a 

10 State or local government to protect or disclose any record 

11 or information that the agency obtains from a chemical 

12 facility under any other law. 

13 ‘‘SEC. 2111. METHODS TO REDUCE THE CONSEQUENCES OF 

14 A TERRORIST ATTACK. 

15 ‘‘(a) DEFINITION.—In this section, the term ‘feasible’ 

16 means feasible with the use of best technology, techniques, 

17 and other means that the Secretary finds, after examina18 tion for efficacy under operational conditions and not sole19 ly under laboratory conditions, are available for use at a 

20 covered chemical facility. 

21 ‘‘(b) ASSESSMENT REQUIRED.—The site security 

22 plan for a covered chemical facility shall include an assess23 ment of methods to reduce the consequences of a terrorist 

24 attack on the covered chemical facility, including— 


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1 ‘‘(1) a description of the methods to reduce the 

2 consequences of a terrorist attack implemented and 

3 considered for implementation by the covered chem4 ical facility; 

5 ‘‘(2) the degree to which each method to reduce 

6 the consequences of a terrorist attack, if already im7 plemented, has reduced, or, if implemented, could re8 duce, the potential extent of death, injury, or serious 

9 adverse effects to human health resulting from a re10 lease of a substance of concern; 

11 ‘‘(3) the technical feasibility, costs, avoided 

12 costs (including liabilities), personnel implications, 

13 savings, and applicability of implementing each 

14 method to reduce the consequences of a terrorist at15 tack; 

16 ‘‘(4) any other information that the owner or 

17 operator of the covered chemical facility considered 

18 in conducting the assessment; 

19 ‘‘(5) the design of computing systems and de20 velopment of plans, exercises, and drills to re-engage 

21 computing systems used in the processing, transport, 

22 storage of chemicals that are designed as a ‘‘risk’’ 

23 by the Secretary using protocols for trusted recovery 

24 under the worse case conditions; and 


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1 ‘‘(6) the conduct of tests of facilities should in2 clude blue hat, red hat, and white hat hackers to 

3 validate the security measures instituted to address 

4 cyber based threats. 

5 ‘‘(c) IMPLEMENTATION.— 

6 ‘‘(1) IMPLEMENTATION.— 

7 ‘‘(A) IN GENERAL.—The owner or operator 

8 of a covered chemical facility that is assigned to 

9 tier 1 or tier 2 because of the potential extent 

10 and likelihood of death, injury, or serious ad11 verse effects to human health, the environment, 

12 critical infrastructure, public health, homeland 

13 security, national security, or the national econ14 omy from a release of a substance of concern 

15 at the covered chemical facility shall implement 

16 methods to reduce the consequences of a ter17 rorist attack on the covered chemical facility if 

18 the Director of the Office of Chemical Facility 

19 Security determines, using the assessment con20 ducted under subsection (b), that the implemen21 tation of the methods at the covered chemical 

22 facility— 

23 ‘‘(i)(I) would significantly reduce the 

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1 fects to human health resulting from a 

2 chemical facility terrorist incident; and 

3 ‘‘(II) would not— 

4 ‘‘(aa) increase the interim stor5 age of a substance of concern outside 

6 the covered chemical facility; 

7 ‘‘(bb) directly result in the cre8 ation of a covered chemical facility as9 signed to tier 1 or tier 2 because of 

10 the potential extent and likelihood of 

11 death, injury, or serious adverse ef12 fects to human health, the environ13 ment, critical infrastructure, public 

14 health, homeland security, national se15 curity, or the national economy from 

16 a release of a substance of concern at 

17 the covered chemical facility; 

18 ‘‘(cc) result in the reassignment 

19 of a covered chemical facility from tier 

20 3 or tier 4 to tier 1 or tier 2 because 

21 of the potential extent and likelihood 

22 of death, injury, or serious adverse ef23 fects to human health, the environ24 ment, critical infrastructure, public 

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1 curity, or the national economy from 

2 a release of a substance of concern at 

3 the covered chemical facility; and 

4 ‘‘(dd) significantly increase the 

5 potential extent and likelihood of 

6 death, injury, or serious adverse ef7 fects to human health, the environ8 ment, critical infrastructure, public 

9 health, homeland security, national se10 curity, or the national economy from 

11 a release of a substance of concern 

12 due to a terrorist attack on the trans13 portation infrastructure of the United 

14 States; 

15 ‘‘(ii) can feasibly be incorporated into 

16 the operation of the covered chemical facil17 ity; and 

18 ‘‘(iii) would not significantly and de19 monstrably impair the ability of the owner 

20 or operator of the covered chemical facility 

21 to continue the business of the covered 

22 chemical facility at its location. 

23 ‘‘(B) WRITTEN DETERMINATION.—A de24 termination made by the Director of the Office 

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1 graph (A) shall be made in writing and include 

2 the basis and reasons for the determination, in3 cluding the analysis of the Director of the as4 sessment by the covered chemical facility of the 

5 technical feasibility, costs, avoided costs (includ6 ing liabilities), personnel implications, savings, 

7 and applicability of implementing each method 

8 to reduce the consequences of a terrorist attack. 

9 ‘‘(C) MARITIME FACILITIES.—With respect 

10 to a covered chemical facility for which a facil11 ity security plan is required under section 

12 70103(c) of title 46, United States Code, a 

13 written determination under subparagraph (A) 

14 shall be made only after consultation with the 

15 Captain of the Port for the area in which the 

16 covered chemical facility is located. 

17 ‘‘(2) REVIEW OF INABILITY TO COMPLY.— 

18 ‘‘(A) IN GENERAL.—Not later than 120 

19 days after receipt of a determination made by 

20 the Director under paragraph (1), an owner or 

21 operator of a covered chemical facility who is 

22 unable to comply with the determination shall 

23 provide to the Secretary a written explanation 

24 that— 


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1 ‘‘(i) includes the reasons for non2 compliance; and 

3 ‘‘(ii) specifies whether the inability of 

4 owner or operator to comply arises under 

5 clause (ii) or (iii) of paragraph (1)(A), or 

6 both. 

7 ‘‘(B) REVIEW.— 

8 ‘‘(i) IN GENERAL.—Not later than 

9 120 days after receipt of an explanation 

10 submitted by an owner or operator of a 

11 covered chemical facility under subpara12 graph (A), the Secretary, after consulting 

13 with the owner or operator, as well as ex14 perts in the subjects of environmental 

15 health and safety, security, chemistry, de16 sign and engineering, process controls and 

17 implementation, maintenance, production 

18 and operations, chemical process safety, 

19 and occupational health, as appropriate, 

20 shall provide to the owner or operator a 

21 written determination of whether, in the 

22 discretion of the Secretary, implementation 

23 shall be required under paragraph (1). 

24 ‘‘(ii) DETERMINATION THAT IMPLE25 MENTATION IS REQUIRED.—If the SecVerDate Sep 11 2014 04:19 Jan 10, 2015 Jkt 049200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\H54.IH H54

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1 retary determines that implementation is 

2 required under clause (i), the Secretary 

3 shall issue an order that establishes the 

4 basis for the determination, including— 

5 ‘‘(I) the findings of the relevant 

6 experts; 

7 ‘‘(II) the specific methods se8 lected for implementation; and 

9 ‘‘(III) a schedule for implementa10 tion of the methods at the covered 

11 chemical facility. 

12 ‘‘(d) AGRICULTURAL SECTOR.— 

13 ‘‘(1) DEFINITIONS.—In this subsection: 

14 ‘‘(A) FARM SUPPLIES MERCHANT WHOLE15 SALER.—The term ‘farm supplies merchant 

16 wholesaler’ means a covered chemical facility 

17 that is primarily engaged in the merchant 

18 wholesale distribution of farm supplies, includ19 ing animal feeds, fertilizers, agricultural chemi20 cals, pesticides, plant seeds, and plant bulbs. 

21 ‘‘(B) AGRICULTURAL END-USERS.—The 

22 term ‘agricultural end-users’ means facilities 

23 such as— 

24 ‘‘(i) farms, including crop, fruit, nut, 

25 and vegetable farms; 


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1 ‘‘(ii) ranches and rangeland; 

2 ‘‘(iii) poultry, dairy, and equine facili3 ties; 

4 ‘‘(iv) turfgrass growers; 

5 ‘‘(v) golf courses; 

6 ‘‘(vi) nurseries; 

7 ‘‘(vii) floricultural operations; and 

8 ‘‘(viii) public and private parks. 

9 ‘‘(2) GUIDANCE FOR FARM SUPPLIES MER10 CHANT WHOLESALERS.— 

11 ‘‘(A) IN GENERAL.—The Secretary shall 

12 provide guidance and, as appropriate, tools, 

13 methodologies, or computer software, to assist 

14 farm supplies merchant wholesalers in com15 plying with this section.

16 ‘‘(B) GRANTS AUTHORIZED.—The Sec17 retary may award grants to farm supplies mer18 chant wholesalers to assist compliance with sub19 section (b), and in awarding grants, shall give 

20 priority to farm supplies merchant wholesalers 

21 that, in the discretion of the Secretary, have the 

22 greatest need for the grants. 

23 ‘‘(3) ASSESSMENT OF AGRICULTURAL IM24 PACTS.—Not later than 6 months after the date of 

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1 mit an assessment of the potential impacts of com2 pliance with this section regarding the assessment 

3 and, as appropriate, implementation of methods to 

4 reduce the consequences of a terrorist attack on the 

5 agricultural sector to— 

6 ‘‘(A) the Committee on Homeland Security 

7 and Governmental Affairs, the Committee on 

8 Environment and Public Works, and the Com9 mittee on Agriculture, Nutrition, and Forestry 

10 of the Senate; and 

11 ‘‘(B) the Committee on Homeland Secu12 rity, the Committee on Energy and Commerce, 

13 and the Committee on Agriculture of the House 

14 of Representatives. 

15 ‘‘(4) CONSULTATION.—The assessment required 

16 under paragraph (3) shall be conducted by the Sec17 retary in consultation with other appropriate Fed18 eral agencies. 

19 ‘‘(5) REQUIREMENTS.—The assessment re20 quired under paragraph (3) shall include— 

21 ‘‘(A) data on the scope of agricultural fa22 cilities to which this title applies, including— 

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1 tilizer required to assess methods to reduce 

2 the consequences of a terrorist attack 

3 under subsection (b); and 

4 ‘‘(ii) the number and type of manufac5 turers, retailers, aerial commercial applica6 tors, and distributors of pesticide and fer7 tilizer assigned to tier 1 or tier 2 or to a 

8 designation for small covered chemical fa9 cilities by the Secretary because of the 

10 potential extent and likelihood of death, 

11 injury, or serious adverse effects to human 

12 health, the environment, critical infrastruc13 ture, public health, homeland security, na14 tional security, or the national economy 

15 from the release of a substance of concern 

16 at the covered chemical facility; 

17 ‘‘(B) a survey of known methods, processes 

18 or practices, other than elimination of or ces19 sation of manufacturing of the pesticide or fer20 tilizer, that manufacturers, retailers, aerial 

21 commercial applicators, and distributors of pes22 ticide and fertilizer could use to reduce the con23 sequences of a terrorist attack, including an as24 sessment of the costs and technical feasibility of 

25 each such method, process, or practice; 


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1 ‘‘(C) an analysis of how the assessment of 

2 methods to reduce the consequences of a ter3 rorist attack under subsection (b) by manufac4 turers, retailers, aerial commercial applicators, 

5 and distributors of pesticide and fertilizer, and, 

6 as appropriate, the implementation of methods 

7 to reduce the consequences of a terrorist attack 

8 by such manufacturers, retailers, aerial com9 mercial applicators, and distributors of pesticide 

10 and fertilizer subject to subsection (c), are like11 ly to impact agricultural end-users; and 

12 ‘‘(D) recommendations for how to mitigate 

13 any adverse impacts identified under subpara14 graph (C). 

15 ‘‘(e) SMALL COVERED CHEMICAL FACILITIES.— 

16 ‘‘(1) DEFINITION.—For purposes of this sub17 section, the term ‘small covered chemical facility’ 

18 means a covered chemical facility that— 

19 ‘‘(A) has fewer than 350 employees em20 ployed at the covered chemical facility; and 

21 ‘‘(B) is not a branch or subsidiary of an22 other entity. 

23 ‘‘(2) GUIDANCE FOR SMALL COVERED CHEM24 ICAL FACILITIES.—The Secretary may provide guid25 ance and, as appropriate, tools, methodologies, or 


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1 computer software, to assist small covered chemical 

2 facilities in complying with this section. 

3 ‘‘(3) LIMITATION ON IMPLEMENTATION OF

4 METHODS.—The Secretary may not require a small 

5 covered chemical facility to implement methods to 

6 reduce the consequences of a terrorist attack under 

7 subsection (c) unless the Secretary determines that 

8 the implementation of the methods at the small cov9 ered chemical facility do not significantly and de10 monstrably impair the ability of the owner or oper11 ator of the covered chemical facility to continue the 

12 business of the covered chemical facility at the loca13 tion of the covered chemical facility. 

14 ‘‘(4) ASSESSMENT OF IMPACTS ON SMALL COV15 ERED CHEMICAL FACILITIES.— 

16 ‘‘(A) IN GENERAL.—Not later than 6 

17 months after the date of the enactment of this 

18 title, the Secretary shall submit an assessment 

19 of the potential effects on small covered chem20 ical facilities of compliance with this section re21 garding the assessment and, as appropriate, im22 plementation of methods to reduce the con23 sequences of a terrorist attack to— 

24 ‘‘(i) the Committee on Environment 

25 and Public Works and the Committee on 


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1 Homeland Security and Governmental Af2 fairs of the Senate; and 

3 ‘‘(ii) the Committee on Energy and 

4 Commerce and the Committee on Home5 land Security of the House of Representa6 tives. 

7 ‘‘(B) REQUIREMENTS.—The assessment 

8 required under subparagraph (A) shall in9 clude— 

10 ‘‘(i) data on the scope of small cov11 ered chemical facilities to which this title 

12 applies, including— 

13 ‘‘(I) the number and type of 

14 small covered chemical facilities that 

15 are required to assess methods to re16 duce the consequences of a terrorist 

17 attack under subsection (b); and 

18 ‘‘(II) the number and type of 

19 small covered chemical facilities as20 signed to tier 1 or tier 2 under section 

21 2102(c)(1) by the Secretary because 

22 of the potential extent and likelihood 

23 of death, injury, or serious adverse ef24 fects to human health, the environ25 ment, critical infrastructure, public 


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1 health, homeland security, national se2 curity, or the national economy from 

3 the release of a substance of concern 

4 at the covered chemical facility; and 

5 ‘‘(ii) a discussion of how the Secretary 

6 plans to implement paragraph (3). 

7 ‘‘(f) PROVISION OF INFORMATION ON ALTERNATIVE

8 APPROACHES.— 

9 ‘‘(1) INFORMATION ON METHODS TO REDUCE

10 CONSEQUENCES OF A TERRORIST ACT.— 

11 ‘‘(A) IN GENERAL.—Not later than 1 year 

12 after the date of enactment of the Frank Lau13 tenberg Memorial Secure Chemical Facilities 

14 Act, the Secretary shall— 

15 ‘‘(i) make available information on the 

16 use and availability of methods to reduce 

17 the consequences of a chemical facility ter18 rorist attack; and 

19 ‘‘(ii) periodically update the informa20 tion described in clause (i). 

21 ‘‘(B) INFORMATION TO BE INCLUDED.— 

22 The information made available under subpara23 graph (A) may include information relating 

24 to— 


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1 ‘‘(i) general and specific types of the 

2 methods to reduce the consequences of a 

3 chemical facility terrorist attack; 

4 ‘‘(ii) combinations of chemical 

5 sources, substances of concern, and haz6 ardous processes or conditions for which 

7 the methods described in clause (i) could 

8 be appropriate; 

9 ‘‘(iii) the availability of specific meth10 ods to reduce the consequences of a ter11 rorist attack; 

12 ‘‘(iv) the costs and cost savings result13 ing from the use of such methods; 

14 ‘‘(v) emerging technologies that could 

15 be transferred from research models or 

16 prototypes to practical applications; 

17 ‘‘(vi) the availability of technical as18 sistance and best practices; and 

19 ‘‘(vii) such other matters that the Sec20 retary determines are appropriate. 

21 ‘‘(2) SECTOR REPORTS ON METHODS TO RE22 DUCE CONSEQUENCES OF A TERRORIST ACT.— 

23 ‘‘(A) IN GENERAL.—The Secretary shall 

24 periodically make available industry sector re25 ports on methods to reduce the consequences of 


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1 a terrorist attack that are in use at chemical fa2 cilities. 

3 ‘‘(B) CONTENTS OF REPORT.—The reports 

4 described in subparagraph (A) shall include, by 

5 industry sector or appropriate groupings of in6 dustry sectors, elements of feasible technologies, 

7 techniques, or other means described in sub8 section (b) that are— 

9 ‘‘(i) identified by covered chemical fa10 cilities under subsection (b) and submitted 

11 to the Secretary under section 2103; or 

12 ‘‘(ii) identified by the Secretary from 

13 relevant information sources. 

14 ‘‘(C) PUBLIC AVAILABILITY.—Information 

15 made available under this paragraph— 

16 ‘‘(i) shall not identify any specific 

17 chemical facility; 

18 ‘‘(ii) shall be made available in ac19 cordance with section 2110; and 

20 ‘‘(iii) shall not disclose any propri21 etary information. 

22 ‘‘(g) FUNDING FOR METHODS TO REDUCE THE CON23 SEQUENCES OF A TERRORIST ATTACK.—The Secretary 

24 shall make grants to covered chemical facilities, with pri25 ority given to the highest risk covered chemical facilities, 


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1 as determined by the Secretary, to supplement a portion 

2 of the costs of implementing methods to reduce the con3 sequences of a terrorist attack. 

4 ‘‘SEC. 2112. APPLICABILITY. 

5 ‘‘This title shall not apply to— 

6 ‘‘(1) any chemical facility that is owned and op7 erated by the Secretary of Defense; 

8 ‘‘(2) the transportation in commerce, including 

9 incidental storage, of any substance of concern regu10 lated as a hazardous material under chapter 51 of 

11 title 49, United States Code; 

12 ‘‘(3) all or a specified portion of any chemical 

13 facility that— 

14 ‘‘(A) is subject to regulation by the Nu15 clear Regulatory Commission (referred to in 

16 this paragraph as the ‘Commission’) or a State 

17 that has entered into an agreement with the 

18 Commission under section 274 b. of the Atomic 

19 Energy Act of 1954 (42 U.S.C. 2021 b.); 

20 ‘‘(B) has had security controls imposed by 

21 the Commission or State, whichever has the 

22 regulatory authority, on the entire facility or 

23 the specified portion of the chemical facility; 

24 and 


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1 ‘‘(C) has been designated by the Commis2 sion, after consultation with the State, if any, 

3 that regulates the facility, and the Secretary, as 

4 excluded from the application of this title; 

5 ‘‘(4) any public water system subject to the 

6 Safe Drinking Water Act (42 U.S.C. 300f et seq.); 

7 or 

8 ‘‘(5) any treatment works, as defined in section 

9 212 of the Federal Water Pollution Control Act (33 

10 U.S.C. 1292). 

11 ‘‘SEC. 2113. SAVINGS CLAUSE. 

12 ‘‘(a) IN GENERAL.—Nothing in this title shall affect 

13 or modify in any way any obligation or liability of any 

14 person under any other Federal law, including— 

15 ‘‘(1) section 112 of the Clean Air Act (42 

16 U.S.C. 7412); 

17 ‘‘(2) the Federal Water Pollution Control Act 

18 (33 U.S.C. 1251 et seq.); 

19 ‘‘(3) the Resource Conservation and Recovery 

20 Act of 1976 (42 U.S.C. 6901 et seq.); 

21 ‘‘(4) the National Environmental Policy Act of 

22 1969 (42 U.S.C. 4321 et seq.); 

23 ‘‘(5) the Occupational Safety and Health Act 

24 (29 U.S.C. 651 et seq.); 


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1 ‘‘(6) the National Labor Relations Act (29 

2 U.S.C. 151 et seq.); 

3 ‘‘(7) the Emergency Planning and Community 

4 Right to Know Act of 1986 (42 U.S.C. 11001 et 

5 seq.); 

6 ‘‘(8) the Safe Drinking Water Act (42 U.S.C. 

7 300f et seq.); 

8 ‘‘(9) the Maritime Transportation Security Act 

9 of 2002 (Public Law 107–295); 

10 ‘‘(10) the Comprehensive Environmental Re11 sponse, Compensation, and Liability Act of 1980 (42 

12 U.S.C. 9601 et seq.); 

13 ‘‘(11) the Toxic Substances Control Act (15 

14 U.S.C. 2601 et seq.); 

15 ‘‘(12) the Pollution Prevention Act of 1990 (42 

16 U.S.C. 13101 et seq.); and 

17 ‘‘(13) the Fair Credit Reporting Act (15 U.S.C. 

18 1681 et seq.). 

19 ‘‘(b) STATE AND LOCAL GOVERNMENTS.—Nothing in 

20 this title shall preclude or deny the right of any State or 

21 unit of local government to adopt or enforce any regula22 tion, requirement, or standard of performance relating to 

23 environmental protection, health, or safety. 


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1 ‘‘(c) ACCESS.—Nothing in this title shall abridge or 

2 deny access to a chemical facility site to any person where 

3 required or permitted under any other law or regulation. 

4 ‘‘SEC. 2114. OFFICE OF CHEMICAL FACILITY SECURITY. 

5 ‘‘(a) IN GENERAL.—There is established in the De6 partment an Office of Chemical Facility Security, headed 

7 by a Director, who shall— 

8 ‘‘(1) be a member of the Senior Executive Serv9 ice under section 5382 of title 5, United States 

10 Code; and 

11 ‘‘(2) be responsible for carrying out the respon12 sibilities of the Secretary under this title. 

13 ‘‘(b) PROFESSIONAL QUALIFICATIONS.—The indi14 vidual selected by the Secretary as the Director of the Of15 fice of Chemical Facility Security shall have professional 

16 qualifications and experience necessary for effectively di17 recting the Office of Chemical Facility Security and car18 rying out this title, including— 

19 ‘‘(1) a demonstrated knowledge of— 

20 ‘‘(A) physical infrastructure protection; 

21 ‘‘(B) cybersecurity; 

22 ‘‘(C) chemical facility security; 

23 ‘‘(D) hazard analysis; 

24 ‘‘(E) chemical process engineering; 

25 ‘‘(F) chemical process safety reviews; or 


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1 ‘‘(2) other such qualifications that the Sec2 retary determines to be necessary. 

3 ‘‘(c) SELECTION PROCESS.—The Secretary shall— 

4 ‘‘(1) make a reasonable effort to select an indi5 vidual to serve as the Director of the Office of 

6 Chemical Facility Security from among a group of 

7 candidates that is diverse with respect to race, eth8 nicity, age, gender, and disability characteristics; 

9 and 

10 ‘‘(2) submit information on the selection proc11 ess, including details on efforts to assure diversity 

12 among the candidates, to— 

13 ‘‘(A) the Committee on Homeland Security 

14 and Governmental Affairs of the Senate; and 

15 ‘‘(B) the Committee on Homeland Security 

16 and the Committee on Energy and Commerce 

17 of the House of Representatives. 

18 ‘‘(d) OUTREACH SUPPORT.— 

19 ‘‘(1) POINT OF CONTACT.—The Secretary shall 

20 designate a point of contact for the Administrator of 

21 the Environmental Protection Agency, and the head 

22 of any other agency designated by the Secretary, 

23 with respect to the requirements under this title. 

24 ‘‘(2) OUTREACH.—The Secretary shall, as ap25 propriate, and in accordance with this title, inform 


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1 State emergency response commissions appointed 

2 under section 301(a) of the Emergency Planning 

3 and Community Right-To-Know Act of 1986 (42 

4 U.S.C. 11001), local emergency planning committees 

5 appointed under section 301(c) of that Act, and any 

6 other entity designated by the Secretary of the find7 ings of the Office of Chemical Facility Security so 

8 that the commissions and committees may update 

9 emergency planning and training procedures. 

10 ‘‘SEC. 2115. SECURITY BACKGROUND CHECKS OF COVERED 

11 INDIVIDUALS AT CERTAIN CHEMICAL FACILI12 TIES. 

13 ‘‘(a) DEFINITION OF SECURITY BACKGROUND

14 CHECK.—In this section, the term ‘security background 

15 check’ means a review by a Federal Government agency 

16 charged with screening Federal employees for security 

17 clearances that shall not be conducted by a contractor, at 

18 no cost to an individual subject to the review, under sub19 section (b)(1) to identify individuals who may pose a 

20 threat to chemical facility security, to national security, 

21 or of terrorism of— 

22 ‘‘(1) relevant databases to verify and validate 

23 identity; 

24 ‘‘(2) relevant criminal history databases; 


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1 ‘‘(3) in the case of an alien (as defined in sec2 tion 101(a)(3) of the Immigration and Nationality 

3 Act (8 U.S.C. 1101(a)(3))), the relevant databases 

4 to determine the status of the alien under the immi5 gration laws of the United States; 

6 ‘‘(4) the consolidated terrorist watchlist; and 

7 ‘‘(5) any other relevant information or data8 bases, as determined by the Secretary. 

9 ‘‘(b) REGULATIONS ISSUED BY THE SECRETARY.— 

10 ‘‘(1) IN GENERAL.— 

11 ‘‘(A) REQUIREMENT.—The Secretary shall 

12 issue regulations to require covered chemical fa13 cilities to establish personnel surety for individ14 uals described in subparagraph (B) by con15 ducting appropriate security background checks 

16 and ensuring appropriate credentials for 

17 unescorted visitors and personnel of the covered 

18 chemical facility, including permanent and part19 time personnel, temporary personnel, and con20 tract personnel, including— 

21 ‘‘(i) measures designed to verify and 

22 validate identity; 

23 ‘‘(ii) measures designed to check 

24 criminal history; 


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1 ‘‘(iii) measures designed to verify and 

2 validate legal authorization to work; and 

3 ‘‘(iv) measures designed to identify in4 dividuals with terrorist ties. 

5 ‘‘(B) INDIVIDUALS DESCRIBED.—For pur6 poses of subparagraph (A), an individual de7 scribed in this subparagraph is— 

8 ‘‘(i) a covered individual who— 

9 ‘‘(I) has unescorted access to re10 stricted areas or critical assets; or 

11 ‘‘(II) is provided with a copy of a 

12 security vulnerability assessment or 

13 site security plan; 

14 ‘‘(ii) an individual associated with a 

15 covered chemical facility, including any 

16 designated employee representative, who is 

17 provided with a copy of a security vulner18 ability assessment or site security plan; or 

19 ‘‘(iii) an individual who is determined 

20 by the Secretary to require a security 

21 background check based on chemical facil22 ity security performance standards. 

23 ‘‘(2) REGULATIONS.—The regulations required 

24 under paragraph (1) shall set forth— 


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1 ‘‘(A) the scope of the security background 

2 checks, including— 

3 ‘‘(i) a list of offenses that are reason4 ably related to terrorism at a chemical fa5 cility and therefore disqualify, on an in6 terim or permanent basis, the individual 

7 from working at the covered chemical facil8 ity; 

9 ‘‘(ii) the time period after which an 

10 interim disqualifying offense is no longer a 

11 disqualification, including applying the 

12 time periods described in part 1572 of title 

13 49, Code of Federal Regulations, or any 

14 successor thereto, where applicable to the 

15 offenses identified in clause (i); and 

16 ‘‘(iii) the time period covered for each 

17 person subject to a security background 

18 check under paragraph (1); 

19 ‘‘(B) the processes to conduct the security 

20 background checks; 

21 ‘‘(C) the necessary biographical informa22 tion and other data required in order to con23 duct the security background checks; 


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1 ‘‘(D) a redress process for an adversely af2 fected individual consistent with subsections (c) 

3 and (d); 

4 ‘‘(E) a prohibition on an owner or operator 

5 of a covered chemical facility misrepresenting to 

6 an employee or other relevant individual, includ7 ing an arbiter involved in a labor arbitration, 

8 the scope, application, or meaning of any rules, 

9 regulations, directives, or guidance issued by 

10 the Secretary related to security background 

11 check requirements for covered individuals when 

12 conducting a security background check; and 

13 ‘‘(F) a requirement that any adverse em14 ployment decision based on a finding in sub15 paragraph (C), of a person subject to a security 

16 background check under subsection (a)(1), shall 

17 be based on accurate and up-to-date informa18 tion. 

19 ‘‘(c) MISREPRESENTATION OF ADVERSE EMPLOY20 MENT DECISIONS.—The regulations required under sub21 section (b)(1) shall provide that it shall be a misrepresen22 tation under subsection (b)(2)(E) to attribute an adverse 

23 employment decision, including removal or suspension of 

24 an employee, to the regulations unless the owner or oper25 ator of a covered chemical facility determines, after opporVerDate Sep 11 2014 04:19 Jan 10, 2015 Jkt 049200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\H54.IH H54

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1 tunity for appropriate redress under the processes pro2 vided under subsection (d)(1), that the individual subject 

3 to the adverse employment decision— 

4 ‘‘(1)(A) meets the requirements for interim or 

5 permanent disqualifying offenses reasonably related 

6 to terrorism at a covered chemical facility promul7 gated under subsection (b)(1); 

8 ‘‘(B) is on the consolidated terrorist watchlist; 

9 or 

10 ‘‘(C) is determined, as a result of the security 

11 background check, not to be legally authorized to 

12 work in the United States; and 

13 ‘‘(2) has been informed of the basis for the de14 cision and the full rights of the individual to the 

15 prompt appeals and reconsideration procedures 

16 under subsection (d) before an adverse employment 

17 action is taken. 

18 ‘‘(d) REDRESS PROCESSES.—The regulations issued 

19 by the Secretary under subsection (b) shall— 

20 ‘‘(1) provide an adequate and prompt redress 

21 process for an individual subject to a security back22 ground check under subsection (b)(1) who is sub23 jected to an adverse employment decision, including 

24 removal or suspension of the individual, due to a de25 termination by the employer under subsection (c), 


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1 that is consistent with the appeals process estab2 lished under section 70105(c) of title 46, United 

3 States Code, including all rights to— 

4 ‘‘(A) hearings before an administrative law 

5 judge; 

6 ‘‘(B) scope of review; and 

7 ‘‘(C) a review of an unclassified summary 

8 of classified evidence equivalent to the summary 

9 provided in part 1515 of title 49, Code of Fed10 eral Regulations; 

11 ‘‘(2) provide an adequate and prompt redress 

12 process for an individual subject to a security back13 ground check under subsection (b)(1) who is sub14 jected to an adverse employment decision, including 

15 removal or suspension of the individual, due to a vio16 lation of subsection (b)(2)(E), which shall not pre17 clude the exercise of any other rights available under 

18 collective bargaining agreements or applicable laws; 

19 ‘‘(3) establish a reconsideration process de20 scribed in subsection (e) for an individual subject to 

21 an adverse employment decision that was attributed 

22 by an owner or operator to the regulations required 

23 under subsection (b)(1); 

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1 vidual subject to a security background check under 

2 subsection (b)(1), if the Secretary determines that 

3 the adverse employment decision was made— 

4 ‘‘(A) in violation of the regulations re5 quired under subsection (b)(1); 

6 ‘‘(B) as a result of an erroneous deter7 mination by the Secretary to place the indi8 vidual on the consolidated terrorist watchlist; or 

9 ‘‘(C) as a result of an erroneous deter10 mination by the owner or operator of a covered 

11 chemical facility under subsection (c); 

12 ‘‘(5) ensure that the redress processes required 

13 under paragraphs (1) and (2) afford to the indi14 vidual a full disclosure of any public-record event 

15 covered under subsection (c) that provides the basis 

16 for an adverse employment decision; and 

17 ‘‘(6) ensure that the individual subject to a se18 curity background check under subsection (b)(1) re19 ceives the full wages and benefits due to the indi20 vidual until all redress processes under this sub21 section are exhausted. 

22 ‘‘(e) RECONSIDERATION PROCESS.— 

23 ‘‘(1) IN GENERAL.—The reconsideration proc24 ess required under subsection (d)(3) shall— 


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1 ‘‘(A) require the Secretary to determine, 

2 within 30 days after receiving a petition sub3 mitted by an individual subject to an adverse 

4 employment decision that was attributed by an 

5 owner or operator to the regulations required 

6 under subsection (b)(1), whether the individual 

7 poses a security risk to the covered chemical fa8 cility; and 

9 ‘‘(B) include procedures consistent with 

10 section 70105(c) of title 46, United States 

11 Code, including all rights to— 

12 ‘‘(i) hearings before an administrative 

13 law judge; 

14 ‘‘(ii) scope of review; and 

15 ‘‘(iii) a review of an unclassified sum16 mary of classified evidence equivalent to 

17 the summary provided in part 1515 of title 

18 49, Code of Federal Regulations. 

19 ‘‘(2) DETERMINATION BY THE SECRETARY.—In 

20 making a determination described under paragraph 

21 (1)(A), the Secretary shall— 

22 ‘‘(A) give consideration to the cir23 cumstance of any disqualifying act or offense, 

24 restitution made by the individual, Federal and 

25 State mitigation remedies, and other factors 


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1 from which it may be concluded that the indi2 vidual does not pose a security risk to the cov3 ered chemical facility; and 

4 ‘‘(B) determine whether the individual 

5 poses a security risk to the covered chemical fa6 cility to the petitioner and to the owner or oper7 ator of the covered chemical facility. 

8 ‘‘(3) OWNER OR OPERATOR RECONSIDER9 ATION.—If the Secretary determines under para10 graph (1)(A) that the individual does not pose a se11 curity risk to the covered chemical facility, it shall 

12 be a prohibited misrepresentation for the owner or 

13 operator of the covered chemical facility to continue 

14 to attribute the adverse employment decision to the 

15 regulations under subsection (b)(1). 

16 ‘‘(f) RESTRICTIONS ON USE AND MAINTENANCE OF

17 INFORMATION.—Information obtained under this section 

18 by the Secretary or the owner or operator of a covered 

19 chemical facility— 

20 ‘‘(1) may not be made available to the public; 

21 ‘‘(2) may not be accessed by an employee of the 

22 covered chemical facility, except for an employee who 

23 is directly involved with collecting the information or 

24 conducting or evaluating security background 

25 checks; 


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1 ‘‘(3) shall be maintained confidentially by the 

2 covered chemical facility and the Secretary; 

3 ‘‘(4) shall be used only for making determina4 tions under this section; and 

5 ‘‘(5) may be shared by the Secretary with other 

6 Federal law enforcement agencies and law enforce7 ment agencies of State and local governments. 

8 ‘‘(g) SAVINGS CLAUSE.— 

9 ‘‘(1) RIGHTS AND RESPONSIBILITIES.—Nothing 

10 in this section shall be construed to abridge any 

11 right or responsibility of an individual subject to a 

12 security background check under subsection (b)(1) 

13 or an owner or operator of a covered chemical facil14 ity under any other Federal law, the law of a State 

15 or local government, or a collective bargaining agree16 ment. 

17 ‘‘(2) EXISTING RIGHTS.—Nothing in this sec18 tion shall be construed as creating any new right or 

19 modifying any existing right of an individual to ap20 peal a determination by the Secretary as a result of 

21 a check against a terrorist watch list. 

22 ‘‘(h) PREEMPTION.—Nothing in this section shall be 

23 construed to preempt, alter, or affect a Federal law or the 

24 law of a State local or local government that requires 

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1 ization of an individual to work in the United States, or 

2 other background checks of individuals subject to security 

3 background checks under subsection (b)(1). 

4 ‘‘(i) DEPARTMENT-CONDUCTED SECURITY BACK5 GROUND CHECK.— 

6 ‘‘(1) IN GENERAL.—The regulations under sub7 section (b)(1) shall set forth a process by which the 

8 Secretary, on an ongoing basis, shall determine 

9 whether alternate security background checks con10 ducted by the Secretary are sufficient to meet the 

11 requirements under this section such that no addi12 tional security background check under this section 

13 is required for an individual for whom the qualifying 

14 alternate security background check was conducted. 

15 ‘‘(2) SUBMISSION OF INFORMATION FOR

16 VERIFICATION.—The Secretary may require the 

17 owner or operator of a covered chemical facility to 

18 which an individual will have unescorted access to 

19 sensitive or restricted areas to submit identifying in20 formation about the individual and the alternate se21 curity background check conducted for the individual 

22 to the Secretary in order to enable the Secretary to 

23 verify the validity of the alternate security back24 ground check. 


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1 ‘‘(3) DETERMINATION OF EXEMPTION FROM

2 SECURITY BACKGROUND CHECK.— 

3 ‘‘(A) IN GENERAL.—The Secretary shall 

4 determine whether a security background check 

5 under this section is required for an individual 

6 holding a transportation security card issued 

7 under section 70105 of title 46, United States 

8 Code. 

9 ‘‘(B) REGULATIONS.—If the Secretary de10 termines under subparagraph (A) that no back11 ground check is required for an individual hold12 ing a transportation security card issued under 

13 section 70105 of title 46, United States Code, 

14 the Secretary shall include the determination in 

15 the regulations required under subsection 

16 (b)(1). 

17 ‘‘(j) TERMINATION OF EMPLOYMENT.—If, as the re18 sult of a security background check, an owner or operator 

19 of a covered chemical facility finds that a covered indi20 vidual is not legally authorized to work in the United 

21 States, the owner or operator shall cease to employ the 

22 covered individual, subject to the appropriate redress proc23 esses available to the individual under this section. 


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1 ‘‘SEC. 2116. CITIZEN ENFORCEMENT. 

2 ‘‘(a) IN GENERAL.—Except as provided in subsection 

3 (c), a person may bring a civil action— 

4 ‘‘(1) against any governmental entity (including 

5 the United States and any other governmental in6 strumentality or agency, to the extent permitted by 

7 the eleventh amendment to the Constitution of the 

8 United States, and any federally owned-contractor 

9 operated facility) alleged to be in violation of any 

10 order that has become effective under this title; or 

11 ‘‘(2) against the Secretary, for an alleged fail12 ure to perform any act or duty under this title that 

13 is not discretionary for the Secretary. 

14 ‘‘(b) COURT OF JURISDICTION.— 

15 ‘‘(1) IN GENERAL.—Any action under sub16 section (a)(1) shall be brought in the district court 

17 of the United States for the district in which the al18 leged violation occurred. 

19 ‘‘(2) ACTION AGAINST THE SECRETARY.—Any 

20 action brought under subsection (a)(2) may be 

21 brought in the district court of the United States for 

22 the district in which the alleged violation occurred or 

23 in the United States District Court for the District 

24 of Columbia. 


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1 ‘‘(3) RELIEF.—A district court of the United 

2 States may, without regard to the amount in con3 troversy or the citizenship of the parties— 

4 ‘‘(A) enforce an order described in sub5 section (a)(1); 

6 ‘‘(B) order a governmental entity to take 

7 such action as may be necessary to enforce an 

8 order described in subsection (a)(1); and 

9 ‘‘(C) in a civil action brought under sub10 section (a)(2), order the Secretary to perform a 

11 non-discretionary act or duty under this title, 

12 and impose civil penalties, as appropriate, 

13 under section 2107. 

14 ‘‘(c) ACTIONS PROHIBITED.—A civil action may not 

15 be filed under subsection (a) before 60 days after the date 

16 on which the person commencing the action has given no17 tice of the alleged violation to— 

18 ‘‘(1) the Secretary; and 

19 ‘‘(2) in the case of an action under subsection 

20 (a)(1), any governmental entity alleged to be in vio21 lation of an order. 

22 ‘‘(d) NOTICE.—Notice under this section shall be 

23 given in such manner as the Secretary shall prescribe by 

24 regulation. 


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1 ‘‘(e) INTERVENTION.—In any action under this sec2 tion, the Secretary, if not a party, may intervene as a mat3 ter of right. 

4 ‘‘(f) COSTS.—If determined appropriate by the court, 

5 the court may award the costs of litigation (including rea6 sonable attorney and expert witness fees) to the prevailing 

7 or substantially prevailing party in a civil action under 

8 subsection (a). 

9 ‘‘(g) BOND.—The court may, if a temporary restrain10 ing order or preliminary injunction is sought, require the 

11 filing of a bond or equivalent security in accordance with 

12 the Federal Rules of Civil Procedure. 

13 ‘‘(h) OTHER RIGHTS PRESERVED.—Nothing in this 

14 section shall restrict any right which any person (or class 

15 of persons) may have under any statute or common law. 

16 ‘‘SEC. 2117. CITIZEN PETITIONS. 

17 ‘‘(a) REGULATIONS.—The Secretary shall issue regu18 lations to establish a citizen petition process for petitions 

19 described in subsection (b), which shall establish— 

20 ‘‘(1) the format for the petitions; 

21 ‘‘(2) the procedure for investigation of the peti22 tions; 

23 ‘‘(3) the procedure for response to the petitions, 

24 including timelines; 


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1 ‘‘(4) the procedure for referral to and review by 

2 the Office of the Inspector General of the Depart3 ment without deference to a determination made by 

4 the Secretary with respect to the petition; and 

5 ‘‘(5) the procedure for rejection or acceptance 

6 by the Secretary of the recommendation of the Of7 fice of the Inspector General. 

8 ‘‘(b) PETITIONS.—The regulations promulgated 

9 under subsection (a) shall allow any person to file a peti10 tion with the Secretary— 

11 ‘‘(1) identifying any person (including the 

12 United States and any other governmental instru13 mentality or agency, to the extent permitted by the 

14 eleventh amendment to the Constitution of the 

15 United States) alleged to be in violation of any 

16 standard, regulation, condition, requirement, prohi17 bition, plan, or order that has become effective 

18 under this title; and 

19 ‘‘(2) describing the alleged violation of any 

20 standard, regulation, condition, requirement, prohi21 bition, plan, or order that has become effective 

22 under this title by the person described in paragraph 

23 (1). 

24 ‘‘(c) REQUIREMENTS.—After the Secretary issues 

25 regulations under subsection (a), the Secretary shall— 


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1 ‘‘(1) accept all petitions described under sub2 section (b) that meet the requirements of the regula3 tions issued under subsection (a); 

4 ‘‘(2) investigate all allegations contained in ac5 cepted petitions; 

6 ‘‘(3) determine whether enforcement action will 

7 be taken concerning the alleged violation or viola8 tions; 

9 ‘‘(4) respond to all accepted petitions promptly 

10 and in writing; 

11 ‘‘(5) include in all responses to petitions a brief 

12 and concise statement, to the extent permitted under 

13 section 2110, of the allegations, the steps taken to 

14 investigate, the determination made, and the reasons 

15 for such determination; 

16 ‘‘(6) maintain an internal record including all 

17 protected information relating to the determination; 

18 ‘‘(7) with respect to any petition for which the 

19 Secretary has not made a timely response or the re20 sponse of the Secretary is unsatisfactory to the peti21 tioner, provide the petitioner with the opportunity to 

22 request— 

23 ‘‘(A) a review of the full record by the In24 spector General of the Department, including a 

25 review of protected information; and 


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1 ‘‘(B) the formulation of recommendations 

2 by the Inspector General and submittal of such 

3 recommendations to the Secretary and, to the 

4 extent permitted under section 2110, to the pe5 titioner; and 

6 ‘‘(8) respond to a recommendation submitted by 

7 the Inspector General under paragraph (7) by adopt8 ing or rejecting the recommendation. 

9 ‘‘SEC. 2118. NOTIFICATION SYSTEM TO ADDRESS PUBLIC 

10 CONCERNS. 

11 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab12 lish a notification system, which shall provide an indi13 vidual the ability to report, via telephonic and Internet14 based means, a suspected security deficiency or suspected 

15 noncompliance with this title. 

16 ‘‘(b) ACKNOWLEDGMENT.—When the Secretary re17 ceives a report through the notification system established 

18 under subsection (a), the Secretary shall respond to the 

19 report in a timely manner, but in no case shall the Sec20 retary respond to such a report later than 30 days after 

21 receipt of the report. 

22 ‘‘(c) STEPS TO ADDRESS PROBLEMS.—The Sec23 retary shall— 


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1 ‘‘(1) review each report received through the 

2 notification system established under subsection (a); 

3 and 

4 ‘‘(2) as necessary, take appropriate enforcement 

5 action under section 2107. 

6 ‘‘(d) FEEDBACK REQUIRED.—Upon request, the Sec7 retary shall provide to the individual who reported the sus8 pected security deficiency or noncompliance through the 

9 notification system established under subsection (a) a 

10 written response that includes the findings of the Sec11 retary with respect to the report submitted by the indi12 vidual and what, if any, compliance action was taken in 

13 response to the report. 

14 ‘‘(e) INSPECTOR GENERAL REPORT REQUIRED.— 

15 ‘‘(1) IN GENERAL.—The Inspector General of 

16 the Department shall submit to the Committee on 

17 Homeland Security and Governmental Affairs and 

18 the Committee on Environment and Public Works of 

19 the Senate and the Committee on Homeland Secu20 rity and the Committee on Energy and Commerce of 

21 the House of Representatives an annual report on 

22 the reports received under the notification system es23 tablished under subsection (a) and the disposition of 

24 the reports by the Secretary. 


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1 ‘‘(2) CONFIDENTIAL INFORMATION.—The re2 port required under paragraph (1) shall be made 

3 publicly available, except for protected information 

4 as determined by the Inspector General, which shall 

5 be submitted to Congress in an appendix to the re6 port. 

7 ‘‘SEC. 2119. EMERGENCY RESPONSE CAPACITY STUDY. 

8 ‘‘(a) ASSESSMENT AND REPORT.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall assess 

10 and submit a report to Congress on the emergency 

11 response resources that would be required in order 

12 to feasibly respond to a worst-case chemical facility 

13 terrorist incident, including worst-case release of a 

14 substance of concern. 

15 ‘‘(2) CONTENTS.—The report required under 

16 paragraph (1) shall describe— 

17 ‘‘(A) the availability of fire, police, medical, 

18 and other response personnel; 

19 ‘‘(B) the capacity of volunteer first re20 sponders to address incidents at chemical facili21 ties in their response areas; 

22 ‘‘(C) the sufficiency of emergency response 

23 facilities, equipment, and supplies; 

24 ‘‘(D) the logistical feasibility of evacuation; 


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1 ‘‘(E) the carrying capacity of impeded and 

2 unimpeded evacuation routes; 

3 ‘‘(F) the protective capacity of structures; 

4 ‘‘(G) the availability of health and environ5 mental hazard detection, identification, moni6 toring, cleanup, and decontamination; 

7 ‘‘(H) the surge capacities of hospitals and 

8 other health care facilities; 

9 ‘‘(I) the feasibility of warning persons 

10 within vulnerable areas prior to impact and the 

11 capacity of community notification and warning 

12 systems; 

13 ‘‘(J) the protection of vulnerable popu14 lations and immobilized populations (including 

15 in schools, day care centers, nursing homes, 

16 hospitals, sports arenas, shopping malls, homes, 

17 and businesses); 

18 ‘‘(K) any additional relevant planning pro19 visions identified in section 303(c) of the Emer20 gency Planning and Community Right to Know 

21 Act (42 U.S.C. 11003(c)); 

22 ‘‘(L) the necessary funding, organization 

23 (including interagency coordination), personnel, 

24 training, equipment, exercises, transportation, 

25 community notification, medical, infrastructure, 


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1 and other elements to appropriately address any 

2 deficiencies in response capacities; and 

3 ‘‘(M) any additional factors affecting the 

4 feasibility of appropriately responding to a 

5 worst-case chemical facility terrorist incident, 

6 including worst-case release of a substance of 

7 concern. 

8 ‘‘(3) PUBLIC AVAILABILITY.—The report re9 quired under this section shall be made publicly 

10 available, and shall not include protected informa11 tion. 

12 ‘‘(4) CONFIDENTIAL INFORMATION.—The Sec13 retary shall submit any protected information relat14 ing to the report required under paragraph (1) to 

15 Congress in an appendix to the report. 

16 ‘‘SEC. 2120. ANNUAL REPORT TO CONGRESS. 

17 ‘‘(a) ANNUAL REPORT.—Not later than 1 year after 

18 the date of enactment of this title, and annually thereafter 

19 for 10 years, the Secretary shall submit a report on 

20 progress in achieving compliance with this title to— 

21 ‘‘(1) the Committee on Homeland Security and 

22 Governmental Affairs and the Committee on Envi23 ronment and Public Works of the Senate; and 


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1 ‘‘(2) the Committee on Homeland Security and 

2 the Committee on Energy and Commerce of the 

3 House of Representatives. 

4 ‘‘(b) REQUIREMENT.—Each report required under 

5 subsection (a) shall include— 

6 ‘‘(1) a qualitative discussion of how covered 

7 chemical facilities, differentiated by tier, have re8 duced the risks of chemical facility terrorist inci9 dents at the covered chemical facilities, including— 

10 ‘‘(A) a generalized summary of measures 

11 implemented by covered chemical facilities in 

12 order to meet each risk-based chemical facility 

13 performance standard established under this 

14 title, and the measures that the covered chem15 ical facilities already had in place— 

16 ‘‘(i) in the case of the first report 

17 under this section, before the issuance of 

18 the final rule implementing the regulations 

19 known as the ‘Chemical Facility Anti-Ter20 rorism Standards’, issued on April 9, 

21 2007; and 

22 ‘‘(ii) in the case of each subsequent 

23 report, since the submittal of the most re24 cent report submitted under this section; 

25 and 


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1 ‘‘(B) any other generalized summary the 

2 Secretary determines appropriate to describe 

3 the measures covered chemical facilities are im4 plementing to comply with this title; and 

5 ‘‘(2) a quantitative summary of how the covered 

6 chemical facilities, differentiated by tier, are com7 plying with this title during the period covered by 

8 the report and how the Secretary is implementing 

9 and enforcing this title during the period covered by 

10 the report, including— 

11 ‘‘(A) the number of chemical facilities that 

12 provided the Secretary with information about 

13 possessing substances of concern, as described 

14 in section 2102(b)(2); 

15 ‘‘(B) the number of covered chemical facili16 ties assigned to each tier; 

17 ‘‘(C) the number of security vulnerability 

18 assessments and site security plans submitted 

19 by covered chemical facilities; 

20 ‘‘(D) the number of security vulnerability 

21 assessments and site security plans approved 

22 and disapproved by the Secretary; 

23 ‘‘(E) the number of covered chemical facili24 ties without an approved security vulnerability 

25 assessment or site security plan; 


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1 ‘‘(F) the number of chemical facilities that 

2 have been assigned to a different tier or are no 

3 longer designated as a covered chemical facility 

4 by the Secretary due to implementation of a 

5 method to reduce the consequences of a ter6 rorist attack and a description of the method; 

7 ‘‘(G) the number of orders for compliance 

8 issued by the Secretary; 

9 ‘‘(H) the administrative penalties assessed 

10 by the Secretary for noncompliance with this 

11 title; 

12 ‘‘(I) the civil penalties assessed by the 

13 court for noncompliance with this title; 

14 ‘‘(J) the number of terrorist watchlist 

15 checks conducted by the Secretary in order to 

16 comply with this title; 

17 ‘‘(K) the number of appeals conducted by 

18 the Secretary and the number of petitions for 

19 reconsideration considered by the Secretary 

20 under the processes established under sub21 sections (d) and (e) of section 2115, including 

22 those appeals and reconsiderations addressing 

23 the processes described under section 2115(c); 


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1 ‘‘(L) aggregate information regarding the 

2 time taken for the appeals described in sub3 paragraph (K); 

4 ‘‘(M) aggregate information regarding the 

5 manner in which the appeals described in sub6 paragraph (K) were resolved; 

7 ‘‘(N) based on information provided to the 

8 Secretary annually by each owner or operator of 

9 a covered chemical facility, the number of indi10 viduals subjected to adverse employment deci11 sions that were attributed by the owner or oper12 ator to the regulations required under section 

13 2115(b)(1); and 

14 ‘‘(O) any other data the Secretary deter15 mines appropriate to describe compliance with 

16 this title by chemical facilities and the imple17 mentation of this title by the Secretary. 

18 ‘‘(c) PUBLIC AVAILABILITY.—A report submitted 

19 under this section shall be made publicly available. 

20 ‘‘SEC. 2121. AUTHORIZATION OF APPROPRIATIONS. 

21 ‘‘There is authorized to be appropriated to the Sec22 retary to carry out this title— 

23 ‘‘(1) $300,000,000 for each of fiscal years 2016 

24 and 2017, of which $150,000,000 shall be made 

25 available for grants under section 2111(g) for methVerDate Sep 11 2014 04:19 Jan 10, 2015 Jkt 049200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 E:\BILLS\H54.IH H54

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1 ods to reduce the consequences of a terrorist attack, 

2 of which up to $3,000,000 shall be made available 

3 for grants authorized under section 2111(d)(2); and 

4 ‘‘(2) $275,000,000 for each of fiscal years 

5 2018, 2019, and 2020, of which $150,000,000 shall 

6 be made available for grants under section 2111(g) 

7 for methods to reduce the consequences of a ter8 rorist attack, of which up to $3,000,000 shall be 

9 made available for grants authorized under section 

10 2111(d)(2).’’. 

11 (b) CLERICAL AMENDMENT.—The table of contents 

12 in section 1(b) of such Act is amended by adding at the 

13 end the following: 

‘‘TITLE XXI—REGULATION OF SECURITY PRACTICES AT 

CHEMICAL FACILITIES 

‘‘Sec. 2101. Definitions. 

‘‘Sec. 2102. Risk-based designation and ranking of covered chemical facilities. 

‘‘Sec. 2103. Security vulnerability assessments and site security plans. 

‘‘Sec. 2104. Site inspections. 

‘‘Sec. 2105. Records. 

‘‘Sec. 2106. Timely sharing of threat information. 

‘‘Sec. 2107. Enforcement. 

‘‘Sec. 2108. Whistleblower protections. 

‘‘Sec. 2109. Federal preemption. 

‘‘Sec. 2110. Protection of information. 

‘‘Sec. 2111. Methods to reduce the consequences of a terrorist attack. 

‘‘Sec. 2112. Applicability. 

‘‘Sec. 2113. Savings clause. 

‘‘Sec. 2114. Office of Chemical Facility Security. 

‘‘Sec. 2115. Security background checks of covered individuals at certain chemical facilities. 

‘‘Sec. 2116. Citizen enforcement. 

‘‘Sec. 2117. Citizen petitions. 

‘‘Sec. 2118. Notification system to address public concerns. 

‘‘Sec. 2119. Emergency response capacity study. 

‘‘Sec. 2120. Annual report to Congress. 

‘‘Sec. 2121. Authorization of appropriations.’’. 

14 (c) CONFORMING REPEAL.— 


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1 (1) REPEAL.—The Department of Homeland 

2 Security Appropriations Act, 2007 (Public Law 

3 109–295) is amended by striking section 550 (6 

4 U.S.C. 121 note). 

5 (2) EFFECTIVE DATE.—The amendment made 

6 by paragraph (1) shall take effect on the date of the 

7 enactment of this Act. 

8 (d) REGULATIONS.— 

9 (1) DEADLINES.— 

10 (A) PROPOSED RULES.—Not later that 6 

11 months after the date of enactment of this Act, 

12 the Secretary of Homeland Security shall issue 

13 proposed rules to carry out title XXI of the 

14 Homeland Security Act of 2002, as added by 

15 subsection (a). 

16 (B) FINAL RULES.—Not later than 18 

17 months after the date of enactment of this Act, 

18 the Secretary of Homeland Security shall issue 

19 final rules to carry out title XXI of the Home20 land Security Act of 2002, as added by sub21 section (a). 

22 (2) CONSULTATION.—In developing and imple23 menting the rules issued under paragraph (1), the 

24 Secretary of Homeland Security shall consult with 

25 the Administrator of the Environmental Protection 


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1 Agency, and other persons, as appropriate, regard2 ing— 

3 (A) the designation of substances of con4 cern; 

5 (B) methods to reduce the consequences of 

6 a terrorist attack; 

7 (C) security at drinking water facilities 

8 and wastewater treatment works; 

9 (D) the treatment of protected informa10 tion; and 

11 (E) any other matters the Secretary deter12 mines necessary. 

13 (3) SENSE OF CONGRESS REGARDING CFATS.— 

14 It is the sense of Congress that— 

15 (A) the Secretary of Homeland Security 

16 was granted statutory authority under section 

17 550 of the Department of Homeland Security 

18 Appropriations Act, 2007 (6 U.S.C. 121 note) 

19 to regulate security practices at chemical facili20 ties until October 1, 2009; and 

21 (B) under section 550 of the Department 

22 of Homeland Security Appropriations Act, 2007 

23 (6 U.S.C. 121 note), the Secretary prescribed 

24 regulations known as the Chemical Facility 


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1 Anti-Terrorism Standards (referred to in this 

2 section as ‘‘CFATS regulations’’). 

3 (4) INTERIM USE AND AMENDMENT OF

4 CFATS.—Until the final rules issued under para5 graph (1) take effect, in carrying out title XXI of 

6 the Homeland Security Act of 2002, as added by 

7 subsection (a), the Secretary may, to the extent the 

8 Secretary determines appropriate— 

9 (A) continue to carry out the CFATS reg10 ulations, as in effect on the day before the date 

11 of enactment of this Act; 

12 (B) amend the CFATS regulations as may 

13 be necessary to ensure that the CFATS regula14 tions are consistent with this Act and the 

15 amendments made by this Act; and 

16 (C) continue using any tools developed for 

17 purposes of the CFATS regulations, including 

18 the list of substances of concern, usually re19 ferred to as ‘‘Appendix A’’, and the chemical se20 curity assessment tool (which includes facility 

21 registration, a top-screen questionnaire, a secu22 rity vulnerability assessment tool, a site security 

23 plan template, and a chemical vulnerability in24 formation repository). 


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1 (5) UPDATE OF FACILITY PLANS ASSESSMENTS

2 AND PLANS PREPARED UNDER CFATS.—The owner 

3 or operator of a covered chemical facility that, before 

4 the effective date of the final regulations issued 

5 under paragraph (1), submits a security vulner6 ability assessment or site security plan under the 

7 CFATS regulations, shall be required to update or 

8 amend the security vulnerability assessment and site 

9 security plan of the facility to reflect any additional 

10 requirements under this Act or the amendments 

11 made by this Act, according to a timeline established 

12 by the Secretary. 

13 (e) REVIEW OF DESIGNATION OF SODIUM

14 FLUOROACETATE AS A SUBSTANCE OF CONCERN.—The 

15 Secretary of Homeland Security shall review the designa16 tion of sodium fluoroacetate as a substance of concern 

17 under section 2102(d) of the Homeland Security Act of 

18 2002, as added by subsection (a), by the earlier of— 

19 (1) the date of the first periodic review con20 ducted under section 2102(d) of the Homeland Se21 curity Act of 2002; and 

22 (2) the date that is 1 year after the date of en23 actment of this Act. 


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1 SEC. 4. LIMITATION ON USE OF FUNDS TO APPROVE NON2 CONFORMING SITE SECURITY PLANS. 

3 (a) LIMITATION.—No Federal funds may be used by 

4 the Secretary of Homeland Security to approve a site secu5 rity plan for a chemical facility unless the facility meets 

6 or exceeds security standards and requirements to protect 

7 the facility against acts of terrorism established for such 

8 a facility by the State or local government for the area 

9 where the facility is located. 

10 (b) DEFINITIONS.—In this subsection, each of the 

11 terms ‘‘site security plan’’ and ‘‘chemical facility’’ has the 

12 meaning that the term has in section 550 of the Depart13 ment of Homeland Security Appropriations Act, 2007 

14 (Public Law 109–295; Stat. 1388), as in effect imme15 diately before the enactment of this Act. 

Æ 


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