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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3599 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3599

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

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 15, 2010

    Mr. Lautenberg (for himself and Mrs. Gillibrand) introduced the 
 following bill; which was read twice and referred to the Committee on 
               Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL

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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Secure Chemical Facilities Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds the following:
            (1) The chemical sector of the United States represents a 
        target that terrorists could exploit to cause consequences, 
        including death, injury, or serious adverse effects to human 
        health, the environment, critical infrastructure, public 
        health, homeland security, national security, and the national 
        economy.
            (2) Chemical facilities that pose such potential 
        consequences and that are vulnerable to terrorist attacks must 
        be protected.
            (3) The Secretary of Homeland Security has statutory 
        authority under section 550 of the Department of Homeland 
        Security Appropriations Act, 2007 (6 U.S.C. 121 note) to 
        regulate the security practices at chemical facilities that are 
        at significant risk of being terrorist targets.
            (4) The Secretary of Homeland Security issued interim final 
        regulations entitled the ``Chemical Facility Anti-Terrorism 
        Standards'', which became effective on June 8, 2007.
    (b) Purpose.--The purpose of this Act is to modify and make 
permanent the authority of the Secretary of Homeland Security to 
regulate security practices at chemical facilities.

SEC. 3. EXTENSION, MODIFICATION, AND RECODIFICATION OF AUTHORITY OF 
              SECRETARY OF HOMELAND SECURITY TO REGULATE SECURITY 
              PRACTICES AT CHEMICAL FACILITIES.

    (a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended by adding at the end the following:

  ``TITLE XXI--REGULATION OF SECURITY PRACTICES AT CHEMICAL FACILITIES

``SEC. 2101. DEFINITIONS.

    ``In this title:
            ``(1) Academic laboratory.--The term `academic laboratory' 
        means a facility or area owned by an institution of higher 
        education (as defined under section 101 of the Higher Education 
        Act of 1965 (20 U.S.C. 1001)) or a nonprofit research institute 
        or teaching hospital that has a formal affiliation with an 
        institution of higher education, including photo laboratories, 
        art studios, field laboratories, research farms, chemical 
        stockrooms, and preparatory laboratories, where relatively 
        small quantities of chemicals and other substances, as 
        determined by the Secretary, are--
                    ``(A) used on a nonproduction basis for--
                            ``(i) teaching;
                            ``(ii) research; or
                            ``(iii) diagnostic purposes; and
                    ``(B) stored and used in containers that are 
                typically manipulated by 1 person.
            ``(2) Chemical facility.--The term `chemical facility' 
        means any facility--
                    ``(A) at which the owner or operator of the 
                facility possesses or plans to possess a substance of 
                concern; or
                    ``(B) that meets other risk-related criteria 
                identified by the Secretary.
            ``(3) Chemical facility security performance standards.--
        The term `chemical facility security performance standards' 
        means risk-based standards established by the Secretary under 
        section 2103(c).
            ``(4) Chemical facility terrorist incident.--The term 
        `chemical facility terrorist incident' means any act or 
        attempted act of terrorism or terrorist incident committed at, 
        near, or against a chemical facility, including such an act 
        that involves--
                    ``(A) the release of a substance of concern from a 
                chemical facility;
                    ``(B) the theft, misappropriation, or misuse of a 
                substance of concern from a chemical facility; or
                    ``(C) the sabotage of a chemical facility or a 
                substance of concern at a chemical facility.
            ``(5) Covered chemical facility.--The term `covered 
        chemical facility' means a chemical facility that the Secretary 
        determines meets the criteria under section 2102(b)(1).
            ``(6) Covered individual.--The term `covered individual' 
        means a permanent, temporary, full-time, or part-time employee 
        of a covered chemical facility or an employee of an entity with 
        which the covered chemical facility has entered into a contract 
        who is performing responsibilities at the covered chemical 
        facility pursuant to the contract.
            ``(7) Employee representative.--The term `employee 
        representative' means the representative of a certified or 
        recognized bargaining agent engaged in a collective bargaining 
        relationship with the owner or operator of a chemical facility.
            ``(8) Environment.--The term `environment' has the meaning 
        given the term in section 101 of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9601).
            ``(9) Method to reduce the consequences of a terrorist 
        attack.--The term `method to reduce the consequences of a 
        terrorist attack' means a measure used at a chemical facility 
        that reduces or eliminates the potential consequences of a 
        chemical facility terrorist incident, including--
                    ``(A) the elimination or reduction in the amount of 
                a substance of concern possessed or planned to be 
                possessed by an owner or operator of a covered chemical 
                facility through the use of alternate substances, 
                formulations, or processes;
                    ``(B) the modification of pressures, temperatures, 
                or concentrations of a substance of concern; and
                    ``(C) the reduction or elimination of onsite 
                handling of a substance of concern through improvement 
                of inventory control or chemical use efficiency.
            ``(10) Owner or operator.--The term `owner or operator' 
        with respect to a facility means--
                    ``(A) the person who owns the facility;
                    ``(B) the person who has responsibility for daily 
                operation of the facility; and
                    ``(C) the person who leases the facility.
            ``(11) Person.--The term `person'--
                    ``(A) means an individual, trust, firm, joint stock 
                company, corporation (including a government 
                corporation), partnership, association, State, 
                municipality, commission, political subdivision of a 
                State, or interstate body; and
                    ``(B) includes each department, agency, or 
                instrumentality of the United States.
            ``(12) Protected information.--
                    ``(A) In general.--The term `protected information' 
                includes--
                            ``(i) security vulnerability assessments 
                        and site security plans, including any 
                        assessment required under section 2111;
                            ``(ii) portions of the following documents, 
                        records, orders, notices, or letters that the 
                        Secretary has determined by regulation would be 
                        detrimental to chemical facility security if 
                        disclosed and that are developed by the 
                        Secretary or the owner or operator of a covered 
                        chemical facility for the purposes of this 
                        title--
                                    ``(I) documents directly related to 
                                the review and approval or disapproval 
                                of a security vulnerability assessment 
                                or site security plan under this title 
                                by the Secretary;
                                    ``(II) documents directly related 
                                to an inspection or audit under this 
                                title;
                                    ``(III) an order, notice, or letter 
                                regarding the compliance of a covered 
                                chemical facility with this title;
                                    ``(IV) information or a document or 
                                record required to be provided to or 
                                created by the Secretary under 
                                subsection (b) or (c) of section 2102; 
                                and
                                    ``(V) a document directly related 
                                to a security drill or training 
                                exercise, security threat or breach of 
                                security, or maintenance, calibration, 
                                or testing of security equipment; and
                            ``(iii) any other information, document, or 
                        record developed exclusively for the purposes 
                        of this title that the Secretary has 
                        determined, by rule, would, if disclosed, be 
                        detrimental to chemical facility security.
                    ``(B) Exclusions.--The term `protected information' 
                does not include--
                            ``(i) information, other than a security 
                        vulnerability assessment or site security plan, 
                        that the Secretary has determined, by rule, to 
                        be--
                                    ``(I) appropriate to describe 
                                compliance by a chemical facility with 
                                this title and the implementation of 
                                this title by the Secretary; and
                                    ``(II) not detrimental to chemical 
                                facility security if disclosed; or
                            ``(ii) information, whether or not also 
                        contained in a security vulnerability 
                        assessment, site security plan, or in a 
                        document, record, order, notice, or letter, or 
                        portion thereof, described in clause (ii) or 
                        (iii) of subparagraph (A), that is obtained 
                        from another source with respect to which the 
                        Secretary has not made a determination under 
                        either clause, including--
                                    ``(I) information that is required 
                                to be made publicly available under any 
                                other provision of law; and
                                    ``(II) information that a chemical 
                                facility has lawfully disclosed other 
                                than in a submission to the Secretary 
                                under this title.
            ``(13) Release.--The term `release' means any spilling, 
        leaking, pumping, pouring, emitting, emptying, discharging, 
        injecting, escaping, leaching, dumping, or disposing into the 
        environment (including the abandonment or discarding of 
        barrels, containers, and other closed receptacles containing 
        any hazardous substance or pollutant or contaminant).
            ``(14) Security vulnerability assessment.--The term 
        `security vulnerability assessment' means an assessment 
        described in section 2103(a)(1)(B)(i).
            ``(15) Site security plan.--The term `site security plan' 
        means a plan described in section 2103(a)(1)(B)(ii).
            ``(16) Substance of concern.--The term `substance of 
        concern' means a chemical substance in quantity and form that 
        is designated by the Secretary under section 2102(a).

``SEC. 2102. RISK-BASED DESIGNATION AND RANKING OF CHEMICAL FACILITIES.

    ``(a) Substances of Concern.--
            ``(1) Designation by the secretary.--The Secretary may--
                    ``(A) designate any chemical substance as a 
                substance of concern; and
                    ``(B) establish and adjust the threshold quantity 
                for each chemical substance designated under 
                subparagraph (A).
            ``(2) Matters for consideration.--In designating a chemical 
        substance or establishing or adjusting the threshold quantity 
        for a chemical substance under paragraph (1), the Secretary 
        shall consider the potential extent of death, injury, and 
        serious adverse effects to human health, the environment, 
        critical infrastructure, public health, homeland security, 
        national security, and the national economy that could result 
        from a chemical facility terrorist incident involving the 
        chemical substance.
    ``(b) List of Covered Chemical Facilities.--
            ``(1) Criteria for list of facilities.--The Secretary may 
        designate a chemical facility as a covered chemical facility if 
        the Secretary determines the chemical facility is a sufficient 
        security risk based on--
                    ``(A) the potential threat or likelihood that the 
                chemical facility will be a target of a chemical 
                facility terrorist incident;
                    ``(B) the potential extent and likelihood of death, 
                injury, or serious adverse effects to human health, the 
                environment, critical infrastructure, public health, 
                homeland security, national security, or the national 
                economy that could result from a chemical facility 
                terrorist incident at the chemical facility; and
                    ``(C) the proximity of the chemical facility to 
                large population centers.
            ``(2) List.--The Secretary shall maintain a list of covered 
        chemical facilities that the Secretary designates under 
        subparagraph (A).
            ``(3) Submission of information.--In making a determination 
        whether to designate a chemical facility as a covered chemical 
        facility under paragraph (1), the Secretary may require the 
        submission of information from an owner or operator of a 
        chemical facility with respect to the quantities of substances 
        of concern that the owner or operator possesses or plans to 
        possess.
    ``(c) Assignment of Covered Chemical Facilities to Risk-Based 
Tiers.--
            ``(1) Assignment.--The Secretary shall assign each covered 
        chemical facility to 1 of 4 risk-based tiers, as established by 
        the Secretary, with tier 1 representing the highest degree of 
        risk and tier 4 representing the lowest degree of risk.
            ``(2) Provision of information.--The owner or operator of a 
        covered chemical facility shall provide, at the request of the 
        Secretary, any information in addition to information required 
        by the Secretary under subsection (b)(3) that may be necessary 
        for the Secretary to assign the chemical facility to the 
        appropriate tier under paragraph (1).
            ``(3) Notification.--
                    ``(A) In general.--Not later than 60 days after the 
                date on which the Secretary determines that a chemical 
                facility is a covered chemical facility or is no longer 
                a covered chemical facility or changes the tier 
                assignment of a covered chemical facility under 
                paragraph (1), the Secretary shall notify the owner or 
                operator of the chemical facility of the determination 
                or change.
                    ``(B) Required information.--A notification made by 
                the Secretary under subparagraph (A) shall include--
                            ``(i) the reason for the determination or 
                        change described in subparagraph (A); and
                            ``(ii) upon the request of the owner or 
                        operator of a covered chemical facility--
                                    ``(I) the number of individuals at 
                                risk of death, injury, or severe 
                                adverse effects to human health as a 
                                result of a worst case chemical 
                                facility terrorist incident at the 
                                covered chemical facility;
                                    ``(II) information relating to why 
                                the covered chemical facility is 
                                considered critical; and
                                    ``(III) the proximity or 
                                interrelationship of the covered 
                                chemical facility to other critical 
                                infrastructure.
    ``(d) Requirement for Review.--The Secretary--
            ``(1) shall periodically review--
                    ``(A) the designation of a chemical substance as a 
                substance of concern and the threshold quantity for the 
                substance under subsection (a)(1); and
                    ``(B) whether a chemical facility meets the 
                criteria under subsection (b)(1); and
            ``(2) may, at any time, determine whether a chemical 
        facility is a covered chemical facility or change the tier to 
        which the covered chemical facility is assigned under 
        subsection (c)(1).
    ``(e) Provision of Threat-Related Information.--The Secretary shall 
provide to the owner or operator or security officer of a covered 
chemical facility threat information relating to probable threats to 
the covered chemical facility and methods that could be used in a 
chemical facility terrorist incident in order to assist the owner or 
operator in effectively assessing the vulnerabilities to the covered 
chemical facility.

``SEC. 2103. SECURITY VULNERABILITY ASSESSMENTS AND SITE SECURITY 
              PLANS.

    ``(a) In General.--
            ``(1) Requirement.--The Secretary shall--
                    ``(A) establish standards, protocols, and 
                procedures for security vulnerability assessments and 
                site security plans required for covered chemical 
                facilities under this paragraph;
                    ``(B) require the owner or operator of each covered 
                chemical facility to--
                            ``(i) conduct and submit to the Secretary 
                        an assessment of the vulnerability of the 
                        covered chemical facility to a range of 
                        chemical facility terrorist incidents, 
                        including an incident that results in a worst-
                        case release of a substance of concern;
                            ``(ii) prepare, implement, and submit to 
                        the Secretary a site security plan for the 
                        covered chemical facility that addresses the 
                        security vulnerability assessment and meets the 
                        risk-based chemical security performance 
                        standards established under subsection (c);
                            ``(iii) in developing the security 
                        vulnerability assessment and site security 
                        plan, include participation by--
                                    ``(I) not less than 1 supervisory 
                                employee of the covered chemical 
                                facility;
                                    ``(II) not less than 1 
                                nonsupervisory employee of the covered 
                                chemical facility; and
                                    ``(III) not less than 1 employee 
                                representative from each bargaining 
                                agent at the covered chemical facility, 
                                if any; and
                            ``(iv) include, with the submission of the 
                        security vulnerability assessment and the site 
                        security plan of the covered chemical facility, 
                        a signed statement by the owner or operator of 
                        the covered chemical facility that certifies 
                        that the submission is provided to the 
                        Secretary with knowledge of the possible 
                        penalties under section 2107;
                    ``(C) set deadlines, by tier, for the completion of 
                security vulnerability assessments and site security 
                plans;
                    ``(D) upon request, as necessary, and to the extent 
                that resources permit, provide technical assistance to 
                a covered chemical facility conducting a security 
                vulnerability assessment or site security plan;
                    ``(E) establish specific deadlines and requirements 
                for the submission by a covered chemical facility of 
                information describing--
                            ``(i) any change in the use by the covered 
                        chemical facility of more than a threshold 
                        amount of any substance of concern that may 
                        affect the requirements of the covered chemical 
                        facility under this title; or
                            ``(ii) any material modification to the 
                        operations or site of the covered chemical 
                        facility that may affect the security 
                        vulnerability assessment or site security plan 
                        submitted by the covered chemical facility;
                    ``(F) require the owner or operator of a covered 
                chemical facility to review and resubmit a security 
                vulnerability assessment or site security plan not less 
                frequently than once every 5 years;
                    ``(G) not later than 180 days after the date on 
                which the Secretary receives a security vulnerability 
                assessment or site security plan under this paragraph--
                            ``(i) review and approve or disapprove the 
                        security vulnerability assessment or site 
                        security plan; and
                            ``(ii) notify the covered chemical facility 
                        of the approval or disapproval; and
                    ``(H) establish, as appropriate, modified or 
                separate standards, protocols, and procedures for 
                security vulnerability assessments and site security 
                plans for covered chemical facilities that are also 
                academic laboratories.
            ``(2) Inherently governmental function.--The approval or 
        disapproval of a security vulnerability assessment or site 
        security plan by the Secretary under this section is an 
        inherently governmental function.
    ``(b) Participation in Preparation of Security Vulnerability 
Assessments or Site Security Plans.--Any person selected by the owner 
or operator of a covered chemical facility or by a certified or 
recognized bargaining agent of a covered chemical facility to 
participate in the development of the security vulnerability assessment 
or site security plan for the covered chemical facility shall be 
permitted to participate if the person possesses knowledge, experience, 
training, or education relevant to the portion of the security 
vulnerability assessment or site security plan on which the person is 
participating.
    ``(c) Chemical Facility Security Performance Standards.--The 
Secretary shall establish risk-based performance standards to ensure or 
enhance the security of a covered chemical facility against a chemical 
facility terrorist incident that are designed to address--
            ``(1) restricting the area perimeter of the covered 
        chemical facility;
            ``(2) securing site assets;
            ``(3) screening and controlling access to the covered 
        chemical facility and to restricted areas within the covered 
        chemical facility by screening or inspecting individuals and 
        vehicles as they enter, including--
                    ``(A) measures to deter the unauthorized 
                introduction of dangerous substances and devices that 
                may facilitate a chemical facility terrorist incident 
                or actions having serious negative consequences for the 
                population surrounding the covered chemical facility; 
                and
                    ``(B) measures implementing a regularly updated 
                identification system that checks the identification of 
                covered chemical facility personnel and other persons 
                seeking access to the covered chemical facility and 
                that discourages abuse through established disciplinary 
                measures;
            ``(4) methods to deter, detect, and delay a chemical 
        facility terrorist incident, creating sufficient time between 
        detection of a chemical facility terrorist incident and the 
        point at which the chemical facility terrorist incident becomes 
        successful, including measures to--
                    ``(A) deter vehicles from penetrating the perimeter 
                of the covered chemical facility, gaining unauthorized 
                access to restricted areas, or otherwise presenting a 
                hazard to potentially critical targets;
                    ``(B) deter chemical facility terrorist incidents 
                through visible, professional, well-maintained security 
                measures and systems, including--
                            ``(i) security personnel;
                            ``(ii) detection systems;
                            ``(iii) barriers and barricades; and
                            ``(iv) hardened or reduced value targets;
                    ``(C) detect chemical facility terrorist incidents 
                at early stages through--
                            ``(i) counter-surveillance at the site of 
                        the covered chemical facility;
                            ``(ii) frustration of opportunity to 
                        observe potential targets;
                            ``(iii) site surveillance and sensing 
                        systems; and
                            ``(iv) barriers and barricades; and
                    ``(D) delay a chemical facility terrorist incident 
                for a sufficient period of time so as to allow 
                appropriate response through--
                            ``(i) onsite security response;
                            ``(ii) barriers and barricades;
                            ``(iii) hardened targets; and
                            ``(iv) well-coordinated response planning;
            ``(5) securing and monitoring the shipping, receipt, and 
        storage of a substance of concern for the covered chemical 
        facility;
            ``(6) deterring theft or diversion of a substance of 
        concern;
            ``(7) deterring insider sabotage;
            ``(8) deterring cyber sabotage, including by preventing 
        unauthorized onsite or remote access to critical process 
        controls, including--
                    ``(A) supervisory control and data acquisition 
                systems;
                    ``(B) distributed control systems;
                    ``(C) process control systems;
                    ``(D) industrial control systems;
                    ``(E) critical business systems; and
                    ``(F) other sensitive computerized systems;
            ``(9) developing and conducting exercises of an internal 
        emergency plan for owners, operators, and covered individuals 
        for a covered chemical facility for responding to chemical 
        facility terrorist incidents at the covered chemical facility, 
        including providing appropriate information to any local 
        emergency planning committee, State emergency response 
        commission, local law enforcement officials, and emergency 
        response providers to ensure an effective, collective response 
        to terrorist incidents;
            ``(10) maintaining effective monitoring, communications, 
        and warning systems, including--
                    ``(A) measures designed to ensure that security 
                systems and equipment are in good working order and 
                inspected, tested, calibrated, and otherwise 
                maintained;
                    ``(B) measures designed to regularly test security 
                systems, note deficiencies, correct for detected 
                deficiencies, and record results so that the results 
                are available for inspection by the Secretary; and
                    ``(C) measures to allow the chemical facility to 
                promptly identify and respond to security system and 
                equipment failures or malfunctions;
            ``(11) ensuring mandatory annual security training, 
        exercises, and drills of covered chemical facility personnel 
        appropriate to their roles, responsibilities, and access to a 
        substance of concern, including participation by local law 
        enforcement agencies, and local emergency response providers, 
        and appropriate supervisory and non-supervisory facility 
        employees and employee representatives, if any;
            ``(12) performing personnel surety for individuals with 
        access to restricted areas or critical assets by conducting 
        appropriate background checks and ensuring appropriate 
        credentials for unescorted visitors and covered chemical 
        facility personnel, including permanent and part-time 
        personnel, temporary personnel, and contract personnel, 
        including--
                    ``(A) measures designed to verify and validate 
                identity;
                    ``(B) measures designed to check criminal history;
                    ``(C) measures designed to verify and validate 
                legal authorization to work; and
                    ``(D) measures designed to identify individuals 
                with terrorist ties;
            ``(13) escalating the level of protective measures for 
        periods of elevated threat;
            ``(14) specific threats, vulnerabilities, or risks 
        identified by the Secretary for the covered chemical facility;
            ``(15) reporting of significant security incidents to the 
        Secretary and to appropriate local law enforcement officials;
            ``(16) identifying, investigating, reporting, and 
        maintaining records of significant security incidents and 
        suspicious activities at or near the covered chemical facility;
            ``(17) establishing 1 or more officials and an organization 
        responsible for--
                    ``(A) security;
                    ``(B) compliance with the standards established 
                under this subsection;
                    ``(C) serving as the point of contact for incident 
                management purposes with Federal agencies, agencies of 
                State or local government (including law enforcement 
                agencies), and emergency response providers; and
                    ``(D) coordination with Federal agencies, agencies 
                of State or local government (including law enforcement 
                agencies), and emergency response providers regarding 
                plans and security measures for the collective response 
                to a chemical facility terrorist incident;
            ``(18) maintaining appropriate records relating to the 
        security of the covered chemical facility, including a copy of 
        the most recent security vulnerability assessment and site 
        security plan, at the covered chemical facility;
            ``(19) assessing and, as appropriate, using methods to 
        reduce the consequences of a terrorist attack;
            ``(20) methods to recover or mitigate the release of a 
        substance of concern in the event of a chemical facility 
        terrorist incident;
            ``(21) methods to mitigate the risks of exposure to 
        chemical agents by maintaining an adequate supply of equipment 
        and products to provide for decontamination procedures designed 
        to neutralize the chemical agents; and
            ``(22) any additional security performance standards the 
        Secretary may specify.
    ``(d) Risk-Based Chemical Security Performance Standards.--
            ``(1) In general.--The Secretary shall establish risk-based 
        chemical security performance standards for the site security 
        plans required to be submitted by covered chemical facilities 
        under subsection (a).
            ``(2) Requirements.--In establishing the risk-based 
        chemical security performance standards under paragraph (1), 
        the Secretary shall--
                    ``(A) require separate and, as appropriate, 
                increasingly stringent risk-based chemical security 
                performance standards for site security plans as the 
                level of risk associated with the tier increases; and
                    ``(B) permit each covered chemical facility that 
                submits a site security plan to select a combination of 
                security measures that satisfy the risk-based chemical 
                security performance standards established by the 
                Secretary under this subsection.
    ``(e) Collocated Chemical Facilities.--The Secretary may allow an 
owner or operator of a covered chemical facility that is located 
geographically close, as determined by the Secretary, to another 
covered chemical facility to develop and implement coordinated security 
vulnerability assessments and site security plans.
    ``(f) Alternate Security Programs as Component of Security 
Vulnerability Assessment and Site Security Plan.--
            ``(1) Acceptance of program.--At the request of an owner or 
        operator of a covered chemical facility, the Secretary may 
        accept an alternate security program submitted by the owner or 
        operator as a component of the security vulnerability 
        assessment or site security plan required under this section, 
        if the Secretary determines that the alternate security 
        program, in combination with other components of the security 
        vulnerability assessment and site security plan submitted by 
        the owner or operator of the covered chemical facility--
                    ``(A) meets the requirements under this title and 
                the regulations promulgated under this title;
                    ``(B) provides the level of security that is 
                equivalent to the level of security required under this 
                title and the regulations promulgated under this title; 
                and
                    ``(C) includes employee participation as required 
                under subsection (a)(1)(B)(iii).
            ``(2) Secretarial review required.--Nothing in this 
        subsection shall relieve the Secretary of the obligation to--
                    ``(A) review a security vulnerability assessment or 
                site security plan submitted by a covered chemical 
                facility under this section; and
                    ``(B) approve or disapprove the security 
                vulnerability assessment or site security plan on an 
                individual basis according to the deadlines established 
                under subsection (a).
            ``(3) Obligations of covered chemical facility 
        unaffected.--Nothing in this subsection shall relieve a covered 
        chemical facility of the obligation and responsibility to 
        comply with any requirement under this title.
            ``(4) Personnel surety alternate security program.--Upon 
        application from a nonprofit personnel surety accrediting 
        organization acting on behalf of, and with written 
        authorization from, the owner or operator of a covered chemical 
        facility, the Secretary may accept a personnel surety alternate 
        security program that--
                    ``(A) meets the requirements of section 2115; and
                    ``(B) provides for a background check process that 
                is--
                            ``(i) expedited, affordable, reliable, and 
                        accurate;
                            ``(ii) fully protective of the rights of 
                        covered individuals through procedures that are 
                        consistent with the privacy protections 
                        available under the Fair Credit Reporting Act 
                        (15 U.S.C. 1681 et seq.); and
                            ``(iii) a single background check 
                        consistent with a risk-based tiered program.
    ``(g) Other Authorities.--
            ``(1) Regulation of maritime facilities.--
                    ``(A) Risk-based tiering.--The owner or operator of 
                a chemical facility required to submit a facility 
                security plan under section 70103(c) of title 46, 
                United States Code, shall be required to submit 
                information to the Secretary necessary to--
                            ``(i) determine whether to designate the 
                        chemical facility as a covered chemical 
                        facility; and
                            ``(ii) assign the chemical facility to a 
                        risk-based tier under section 2102 of this 
                        title.
                    ``(B) Additional measures.--Subject to subparagraph 
                (C), in the case of a facility for which a facility 
                security plan is required to be submitted under section 
                70103(c) of title 46, United States Code, that is 
                designated as a covered chemical facility, the 
                Commandant of the Coast Guard, after consultation with 
                the Secretary, shall require the owner or operator of 
                the facility to update the security vulnerability 
                assessments and facility security plans required under 
                section 70103(c) of title 46, United States Code, if 
                necessary, to ensure a level of security for substances 
                of concern that is equivalent to the level of security 
                required by regulations promulgated under this title, 
                including the requirements under section 2111, in the 
                same manner as other covered chemical facilities in 
                this title.
                    ``(C) Personnel surety.--
                            ``(i) Exception.--The owner or operator of 
                        a covered chemical facility that has a facility 
                        security plan approved under section 70103(c) 
                        of title 46, United States Code, shall not be 
                        required to update or amend the facility 
                        security plan in order to meet the requirements 
                        under section 2115 of this title.
                            ``(ii) Equivalent access.--An individual 
                        described in section 2115(b)(1)(B) who has been 
                        granted access to restricted areas or critical 
                        assets by the owner or operator of a facility 
                        for which a facility security plan is required 
                        to be submitted under section 70103(c) of title 
                        46, United States Code, may be considered by 
                        the owner or operator to have satisfied the 
                        requirement for passing a security background 
                        check required under section 2115 for purposes 
                        of granting the individual access to restricted 
                        areas or critical assets of a covered chemical 
                        facility that is owned or operated by the same 
                        owner or operator.
                    ``(D) Information sharing and protection.--
                Notwithstanding section 70103(d) of title 46, United 
                States Code, the Commandant of the Coast Guard, after 
                consultation with the Secretary, shall apply the 
                information sharing and protection requirements in 
                section 2110 of this title to a facility described in 
                subparagraph (B).
                    ``(E) Enforcement.--The Secretary shall establish, 
                by rule, procedures to ensure that an owner or operator 
                of a covered chemical facility that is required to 
                update the security vulnerability assessment and 
                facility security plan for the covered chemical 
                facility under subparagraph (B) is in compliance with 
                this title.
                    ``(F) Formal agreement.--The Secretary shall--
                            ``(i) require the Office of Infrastructure 
                        Protection and the Coast Guard to enter into a 
                        formal agreement detailing the respective roles 
                        and responsibilities of the Office of 
                        Infrastructure Protection and the Coast Guard 
                        in carrying out this title, which shall ensure 
                        that the enforcement and compliance 
                        requirements under this title and section 70103 
                        of title 46, United States Code, are not 
                        conflicting or duplicative; and
                            ``(ii) designate the agency responsible for 
                        enforcing this title with respect to covered 
                        chemical facilities for which facility security 
                        plans are required to be submitted under 
                        section 70103(c) of title 46, United States 
                        Code, consistent with the requirements of 
                        subparagraphs (B) and (D).
            ``(2) Coordination of storage licensing or permitting 
        requirement.--In the case of any storage required to be 
        licensed or permitted under chapter 40 of title 18, United 
        States Code, the Secretary shall prescribe the rules and 
        regulations for the implementation of this section, with the 
        concurrence of the Attorney General, and avoid unnecessary 
        duplication of regulatory requirements.
    ``(h) Role of Employees.--
            ``(1) Description of role required.--A site security plan 
        for an owner or operator of a covered chemical facility shall 
        describe the roles or responsibilities that covered individuals 
        are expected to perform to deter or respond to a chemical 
        facility terrorist incident.
            ``(2) Annual training for employees.--
                    ``(A) In general.--The owner or operator of a 
                covered chemical facility shall annually provide each 
                covered individual with a role or responsibility 
                referred to in paragraph (1) at the covered chemical 
                facility with not less than 8 hours of training.
                    ``(B) Requirements.--The training required under 
                subparagraph (A) shall, as relevant to the role or 
                responsibility of the covered individual--
                            ``(i) include an identification and 
                        discussion of substances of concern;
                            ``(ii) include a discussion of possible 
                        consequences of a chemical facility terrorist 
                        incident;
                            ``(iii) review and include exercises of the 
                        site security plan of the covered chemical 
                        facility, including any requirements for 
                        differing threat levels;
                            ``(iv) include a review of information 
                        protection requirements;
                            ``(v) include a discussion of physical and 
                        cyber security equipment, systems, and methods 
                        used to achieve chemical security performance 
                        standards;
                            ``(vi) allow training with other relevant 
                        participants, including Federal employees, 
                        employees of a State or local government, and 
                        emergency response providers, where 
                        appropriate;
                            ``(vii) use national voluntary consensus 
                        standards, chosen jointly with employee 
                        representatives, if any;
                            ``(viii) allow instruction through 
                        government training programs, chemical 
                        facilities, academic institutions, nonprofit 
                        organizations, industry and private 
                        organizations, employee organizations, and 
                        other relevant entities that provide such 
                        training;
                            ``(ix) use multiple training media and 
                        methods;
                            ``(x) include a discussion of appropriate 
                        emergency response procedures, including 
                        procedures to mitigate the effects of a 
                        chemical facility terrorist incident; and
                            ``(xi) include review and discussion of 
                        methods to reduce the consequences of a 
                        terrorist attack that are applicable to the 
                        covered chemical facility.
            ``(3) Equivalent training.--An owner or operator of a 
        covered chemical facility may satisfy the training requirement 
        described in clause (i), (ii), (iii), (iv), (v), or (x) of 
        subparagraph (2)(B) for a covered individual with roles or 
        responsibilities under paragraph (1) through training that the 
        owner or operator certifies is equivalent, in a manner 
        prescribed by the Secretary.
            ``(4) Worker training grant program.--
                    ``(A) Authority.--The Secretary may make grants to, 
                and enter into cooperative agreements with, eligible 
                entities to provide for the training and education of--
                            ``(i) covered individuals with roles or 
                        responsibilities described in paragraph (1); 
                        and
                            ``(ii) emergency response providers who 
                        would respond to a chemical facility terrorist 
                        incident.
                    ``(B) Administration.--The Secretary shall seek to 
                enter into an agreement with the Director of the 
                National Institute for Environmental Health Sciences, 
                or with the head of another Federal or State agency, to 
                make and administer grants or cooperative agreements 
                under this paragraph.
                    ``(C) Use of funds.--Amounts provided under this 
                paragraph shall be used to provide for the training and 
                education of covered individuals with roles or 
                responsibilities described in paragraph (1) and 
                emergency response providers, including--
                            ``(i) the annual mandatory training 
                        specified in paragraph (2); and
                            ``(ii) other appropriate training to 
                        protect nearby persons, property, critical 
                        infrastructure, or the environment from the 
                        effects of a chemical facility terrorist 
                        incident.
                    ``(D) Eligible entities.--In this paragraph, the 
                term `eligible entity' means a nonprofit organization 
                with demonstrated experience in implementing and 
                operating successful health and safety or security 
                training programs for employees or emergency response 
                providers.
                    ``(E) Presumption of congress relating to 
                competitive procedures.--
                            ``(i) Presumption.--It is the presumption 
                        of Congress that grants awarded under this 
                        paragraph will be awarded using competitive 
                        procedures based on merit.
                            ``(ii) Report to congress.--If the 
                        Secretary awards grants under this paragraph 
                        without using competitive procedures, the 
                        Secretary shall submit to Congress a report 
                        explaining why competitive procedures were not 
                        used.
    ``(i) State, Regional, or Local Governmental Entities.--A covered 
chemical facility may not be required under the law of a State or local 
government to provide a security vulnerability assessment or site 
security plan to any entity of a State, regional government, or local 
government entity solely based on the requirement under subsection (a) 
that the covered chemical facility submit a security vulnerability 
assessment or site security plan to the Secretary.

``SEC. 2104. SITE INSPECTIONS.

    ``(a) Right of Entry.--For purposes of carrying out this title, the 
Secretary shall have, at a reasonable time and on presentation of 
credentials, a right of entry to, on, or through any property of a 
covered chemical facility or any property on which any record required 
to be maintained under this section is located.
    ``(b) Inspections and Verifications.--
            ``(1) In general.--The Secretary shall, at such time and 
        place as the Secretary determines to be reasonable and 
        appropriate, conduct security inspections and verifications of 
        a covered chemical facility.
            ``(2) Requirements.--To ensure and evaluate compliance with 
        this title, including any regulations or requirements adopted 
        by the Secretary in furtherance of the purposes of this title, 
        in conducting an inspection or verification under paragraph 
        (1), the Secretary shall have access to the owners, operators, 
        employees, and employee representatives, if any, of a covered 
        chemical facility.
    ``(c) Unannounced Inspections.--
            ``(1) In general.--In addition to any inspection conducted 
        under subsection (b), the Secretary shall conduct unannounced 
        facility inspections of covered chemical facilities assigned to 
        tier 1 or tier 2 under section 2102(c)(1).
            ``(2) Requirements.--The inspections required under this 
        subsection shall be--
                    ``(A) conducted without prior notice to the owner, 
                operator, or any employee of the covered chemical 
                facility;
                    ``(B) designed to evaluate at the covered chemical 
                facility undergoing inspection--
                            ``(i) the ability of the covered chemical 
                        facility to prevent a chemical facility 
                        terrorist incident that the site security plan 
                        of the covered chemical facility is intended to 
                        prevent;
                            ``(ii) the ability of the covered chemical 
                        facility to protect against security threats 
                        that are required to be addressed by the site 
                        security plan of the covered chemical facility; 
                        and
                            ``(iii) any weaknesses in the site security 
                        plan of the covered chemical facility;
                    ``(C) conducted so as not to affect the actual 
                security, physical integrity, safety, or regular 
                operations of the covered chemical facility or the 
                employees of the covered chemical facility while the 
                inspection is conducted; and
                    ``(D) conducted--
                            ``(i) every 2 years in the case of a 
                        covered chemical facility assigned to tier 1; 
                        and
                            ``(ii) every 4 years in the case of a 
                        covered chemical facility assigned to tier 2.
    ``(d) Chemical Facility Inspectors Authorized.--During fiscal years 
2011 and 2012, and subject to the availability of appropriations, the 
Secretary shall increase by not less than 100 the total number of 
chemical facility inspectors within the Department to ensure compliance 
with this title.
    ``(e) Confidential Communications.--The Secretary shall offer non-
supervisory employees of a covered chemical facility the opportunity to 
confidentially communicate information relevant to the compliance or 
noncompliance of the employer with this title, including compliance or 
noncompliance with any regulation or requirement adopted by the 
Secretary under this title.
    ``(f) Right To Accompany During Physical Inspection.--If a 
representative of the owner or operator of a covered chemical facility 
will accompany the Secretary on a physical inspection of the covered 
chemical facility, an employee representative of each certified or 
recognized bargaining agent at the covered chemical facility, if any, 
or, if none, a nonsupervisory employee, shall be offered the 
opportunity to accompany the Secretary during the physical inspection 
to aid in the inspection.

``SEC. 2105. RECORDS.

    ``(a) Request for Records.--For purposes of carrying out this 
title, the Secretary may require submission of, or upon presentation of 
credentials and at reasonable times may obtain access to and copy, any 
records, including any records maintained in electronic format, 
necessary for reviewing or analyzing a security vulnerability 
assessment, or site security plan submitted under section 2103, or for 
assessing the implementation of a site security plan.
    ``(b) Proper Handling of Records.--The Secretary shall ensure that 
any records accessed under subsection (a) are handled and secured 
appropriately in accordance with section 2110.

``SEC. 2106. TIMELY SHARING OF THREAT INFORMATION.

    ``(a) Responsibilities of Secretary.--Upon the receipt of 
information concerning a threat that is relevant to a certain covered 
chemical facility, the Secretary shall provide the information in a 
timely manner, to the maximum extent practicable under applicable 
authority and in the interests of national security, to--
            ``(1) the owner, operator, or security officer of the 
        covered chemical facility;
            ``(2) a representative of each recognized or certified 
        bargaining agent at the covered chemical facility, if any; and
            ``(3) relevant authorities of State or local government, 
        including the State Homeland Security Advisor, if any.
    ``(b) Responsibilities of Owner or Operator.--The Secretary shall 
require the owner or operator of a covered chemical facility to provide 
to the Secretary in a timely manner, information concerning--
            ``(1) a threat about any significant security incident or 
        threat to the covered chemical facility; or
            ``(2) any intentional or unauthorized penetration of the 
        physical security or cyber security of the covered chemical 
        facility, whether successful or unsuccessful.

``SEC. 2107. ENFORCEMENT.

    ``(a) Review of Security Vulnerability Assessment and Site Security 
Plan.--
            ``(1) Disapproval.--The Secretary shall disapprove a 
        security vulnerability assessment or site security plan 
        submitted under this title if the Secretary determines that--
                    ``(A) the security vulnerability assessment or site 
                security plan does not comply with the standards, 
                protocols, or procedures under section 2103(a)(1)(A); 
                or
                    ``(B) in the case of a site security plan--
                            ``(i) the site security plan or the 
                        implementation of the site security plan is 
                        insufficient to address vulnerabilities 
                        identified in a security vulnerability 
                        assessment, site inspection, or unannounced 
                        inspection of the covered chemical facility; or
                            ``(ii) the site security plan fails to meet 
                        all applicable chemical facility security 
                        performance standards.
            ``(2) Notification of disapproval.--If the Secretary 
        disapproves the security vulnerability assessment or site 
        security plan submitted by a covered chemical facility under 
        this title or the implementation of a site security plan by a 
        covered chemical facility, the Secretary shall provide the 
        owner or operator of the covered chemical facility a written 
        notification of the disapproval not later than 14 days after 
        the date on which the Secretary disapproves the security 
        vulnerability assessment or site security plan, which shall--
                    ``(A) include a clear explanation of deficiencies 
                in the security vulnerability assessment, site security 
                plan, or implementation of the site security plan; and
                    ``(B) require the owner or operator of the covered 
                chemical facility to--
                            ``(i) revise the security vulnerability 
                        assessment or site security plan to address any 
                        deficiencies; and
                            ``(ii) by such date as the Secretary 
                        determines is appropriate, submit the revised 
                        security vulnerability assessment or site 
                        security plan to the Secretary.
    ``(b) Remedies.--
            ``(1) Order for compliance.--If the Secretary determines 
        that an owner or operator of a covered chemical facility has 
        violated or is in violation of any requirement of this title or 
        has failed or is failing to address any deficiencies in the 
        security vulnerability assessment, site security plan, or 
        implementation of the site security plan for the covered 
        chemical facility by such date as designated by the Secretary, 
        the Secretary may--
                    ``(A) after providing notice to the owner or 
                operator and an opportunity, in accordance with the 
                regulations issued under this title, for the owner or 
                operator to seek review by the Department of the 
                determination of the Secretary, issue an order 
                assessing an administrative penalty of not more than 
                $25,000 for each day before, on, or after the date of 
                the order that the violation occurs or for each day 
                after the date of the order that a failure to comply 
                continues, requiring compliance immediately or within a 
                specified time period, or both; or
                    ``(B) in a civil action, obtain appropriate 
                equitable relief, a civil penalty of not more than 
                $25,000 for each day before, on, or after the date of 
                the order that the violation occurs or for each day 
                after the date of the order that a failure to comply 
                continues, or both.
            ``(2) Order to cease operations.--If the Secretary 
        determines that an owner or operator of a covered chemical 
        facility continues to be in noncompliance after an order for 
        compliance is issued under paragraph (1), the Secretary may 
        issue an order to the owner or operator to cease operations at 
        the covered chemical facility until the Secretary determines 
        the owner or operator is in compliance.
    ``(c) Applicability of Penalties.--A penalty under subsection 
(b)(1) may be imposed for any violation of this title, including a 
violation of the whistleblower protections under section 2108.

``SEC. 2108. WHISTLEBLOWER PROTECTIONS.

    ``(a) Establishment.--
            ``(1) In general.--The Secretary shall establish and 
        provide information to the public regarding a process by which 
        an individual may submit a report to the Secretary regarding 
        problems, deficiencies, or vulnerabilities at a covered 
        chemical facility associated with the risk of a chemical 
        facility terrorist incident.
            ``(2) Confidentiality.--
                    ``(A) In general.--The Secretary shall keep 
                confidential the identity of any individual who submits 
                a report under this subsection.
                    ``(B) Compliance with section 2110.--A report 
                submitted under this subsection shall be treated as 
                protected information under section 2110 to the extent 
                that the report does not consist of publicly available 
                information.
            ``(3) Acknowledgment of receipt.--If a report submitted 
        under this subsection identifies the individual submitting the 
        report, the Secretary shall respond promptly to the individual 
        to acknowledge receipt of the report.
            ``(4) Steps to address problems.--The Secretary shall--
                    ``(A) review and consider the information provided 
                in a report submitted under this subsection; and
                    ``(B) as necessary, take appropriate steps under 
                this title to address any problem, deficiency, or 
                vulnerability identified in the report.
    ``(b) Retaliation Prohibited.--
            ``(1) Prohibition.--An owner or operator of a covered 
        chemical facility, for-profit or nonprofit corporation, 
        association, or any contractor, subcontractor or agent thereof, 
        may not discharge an employee or otherwise discriminate against 
        an employee with respect to compensation of the employee, 
        terms, conditions, or other privileges of employment because 
        the employee (or any individual acting on behalf of the 
        employee)--
                    ``(A) notified the Secretary, the owner or operator 
                of a covered chemical facility, or the employer of the 
                employee of an alleged violation of this title, 
                including notification of such an alleged violation 
                through communications related to carrying out the job 
                duties of the employee;
                    ``(B) refused to participate in any conduct that 
                the employee reasonably believes is in noncompliance 
                with a requirement under this title, if the employee 
                has identified the alleged noncompliance to the 
                employer;
                    ``(C) testified before or otherwise provided 
                information relevant for Congress or for any Federal or 
                State proceeding regarding any provision (or proposed 
                provision) of this title;
                    ``(D) commenced, caused to be commenced, or is 
                about to commence or cause to be commenced a proceeding 
                under this title;
                    ``(E) testified, or is about to testify, in a 
                proceeding under this title; or
                    ``(F) assisted or participated, or is about to 
                assist or participate, in any manner in a proceeding 
                under this title or in any other action to carry out 
                the purposes of this title.
            ``(2) Enforcement action.--
                    ``(A) In general.--An employee covered by this 
                section who alleges discrimination by an employer in 
                violation of paragraph (1) may bring an action governed 
                by the rules and procedures, legal burdens of proof, 
                and remedies applicable under subsections (d) through 
                (h) of section 20109 of title 49, United States Code.
                    ``(B) District court review.--An employee who 
                brings an action under subparagraph (A) may seek review 
                by a district court of the United States as set forth 
                in subsection (d)(3) of section 20109 of title 49, 
                United States Code not later than 90 days after 
                receiving a written final determination by the 
                Secretary of Labor.
            ``(3) Prohibited personnel practices affecting the 
        department.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, an individual holding or applying for 
                a position within the Department shall be covered by--
                            ``(i) paragraphs (1), (8), and (9) of 
                        section 2302(b) of title 5, United States Code;
                            ``(ii) any provision of law implementing 
                        paragraph (1), (8), or (9) of section 2302(b) 
                        of title 5, United States Code, by providing 
                        any right or remedy available to an employee or 
                        applicant for employment in the civil service; 
                        and
                            ``(iii) any rule or regulation prescribed 
                        under paragraph (1), (8), or (9) of section 
                        2302(b) of title 5, United States Code.
                    ``(B) Rule of construction.--Nothing in this 
                paragraph shall be construed to affect any rights, 
                apart from those referred to in subparagraph (A), to 
                which an individual described in subparagraph (A) might 
                otherwise be entitled to under law.

``SEC. 2109. FEDERAL PREEMPTION.

    ``This title does not preclude or deny any right of any State or 
unit of local government to adopt or enforce any regulation, 
requirement, or standard of performance with respect to a covered 
chemical facility that is more stringent than a regulation, 
requirement, or standard of performance issued under this title, or 
otherwise impair any right or jurisdiction of any State or unit of 
local government with respect to covered chemical facilities within the 
State or unit of local government.

``SEC. 2110. PROTECTION OF INFORMATION.

    ``(a) Prohibition of Public Disclosure of Protected Information.--
Protected information--
            ``(1) shall be exempt from disclosure under section 552 of 
        title 5, United States Code; and
            ``(2) shall not be made available under the law of any 
        State or local government requiring disclosure of information 
        or records.
    ``(b) Information Sharing.--
            ``(1) In general.--The Secretary shall prescribe such 
        regulations, and may issue such orders, as necessary to 
        prohibit the unauthorized disclosure of protected information.
            ``(2) Sharing of protected information.--
                    ``(A) In general.--The regulations prescribed under 
                paragraph (1) shall provide standards for and 
                facilitate the appropriate sharing of protected 
                information with and between--
                            ``(i) Federal agencies and agencies of 
                        State and local governments;
                            ``(ii) emergency response providers;
                            ``(iii) law enforcement officials;
                            ``(iv) designated supervisory and 
                        nonsupervisory covered chemical facility 
                        personnel with security, operational, or 
                        fiduciary responsibility for the covered 
                        chemical facility; and
                            ``(v) designated employee representatives 
                        for a covered chemical facility, if any.
                    ``(B) Requirements.--The standards required to be 
                established under subparagraph (A) shall include 
                procedures for the sharing of all portions of a 
                security vulnerability assessment or site security plan 
                of a covered chemical facility relating to the roles 
                and responsibilities of covered individuals under 
                section 2103(h)(1) with a representative of each 
                certified or recognized bargaining agent representing 
                the covered individuals, if any, or, if none, with not 
                less than 1 supervisory and not less than 1 non-
                supervisory employee with roles or responsibilities 
                under section 2103(h)(1).
                    ``(C) Penalties.--
                            ``(i) In general.--Protected information 
                        shall not be shared except in accordance with 
                        the standards provided by the regulations 
                        prescribed under paragraph (1).
                            ``(ii) Knowing violation.--Any person that 
                        discloses protected information in knowing 
                        violation of the regulations issued under 
                        paragraph (1) shall--
                                    ``(I) be fined under title 18, 
                                United States Code, imprisoned for not 
                                more than 1 year, or both; and
                                    ``(II) in the case of a Federal 
                                officeholder or employee, removed from 
                                Federal office or employment.
    ``(c) Treatment of Information in Adjudicative Proceedings.--In any 
judicial or administrative proceeding, protected information shall be 
treated in a manner consistent with the treatment of sensitive security 
information under section 525 of the Department of Homeland Security 
Appropriations Act, 2007 (Public Law 109-295; 120 Stat. 1381).
    ``(d) Other Obligations Unaffected.--Except as provided in section 
2103(i), nothing in this section affects any obligation of the owner or 
operator of a chemical facility under any other law to submit or make 
available information required by such other law to--
            ``(1) employees of the chemical facility;
            ``(2) employee organizations;
            ``(3) health professionals;
            ``(4) emergency response organizations; or
            ``(5) the Federal Government or a State or local 
        government.
    ``(e) Submission of Information to Congress.--Nothing in this title 
shall permit or authorize the withholding of information from Congress 
or any committee or subcommittee thereof.
    ``(f) Disclosure of Independently Furnished Information.--Nothing 
in this title shall affect any authority or obligation of a Federal 
agency or agency of a State or local government to protect or disclose 
any record or information that the agency obtains from a chemical 
facility under any other law.

``SEC. 2111. METHODS TO REDUCE THE CONSEQUENCES OF A TERRORIST ATTACK.

    ``(a) Definition.--In this section, the term `feasible' means 
feasible with the use of best technology, techniques, and other means 
that the Secretary finds, after examination for efficacy under 
operational conditions and not solely under laboratory conditions, are 
available for use at a covered chemical facility.
    ``(b) Assessment Required.--The site security plan for a covered 
chemical facility shall include an assessment of methods to reduce the 
consequences of a terrorist attack on the covered chemical facility, 
including--
            ``(1) a description of the methods to reduce the 
        consequences of a terrorist attack implemented and considered 
        for implementation by the covered chemical facility;
            ``(2) the degree to which each method to reduce the 
        consequences of a terrorist attack, if already implemented, has 
        reduced, or, if implemented, could reduce, the potential extent 
        of death, injury, or serious adverse effects to human health 
        resulting from a release of a substance of concern;
            ``(3) the technical feasibility, costs, avoided costs 
        (including liabilities), personnel implications, savings, and 
        applicability of implementing each method to reduce the 
        consequences of a terrorist attack; and
            ``(4) any other information that the owner or operator of 
        the covered chemical facility considered in conducting the 
        assessment.
    ``(c) Implementation.--
            ``(1) Implementation.--
                    ``(A) In general.--The owner or operator of a 
                covered chemical facility that is assigned to tier 1 or 
                tier 2 because of the potential extent and likelihood 
                of death, injury, or serious adverse effects to human 
                health, the environment, critical infrastructure, 
                public health, homeland security, national security, or 
                the national economy from a release of a substance of 
                concern at the covered chemical facility shall 
                implement methods to reduce the consequences of a 
                terrorist attack on the covered chemical facility if 
                the Director of the Office of Chemical Facility 
                Security determines, using the assessment conducted 
                under subsection (b), that the implementation of the 
                methods at the covered chemical facility--
                            ``(i)(I) would significantly reduce the 
                        risk of death, injury, or serious adverse 
                        effects to human health resulting from a 
                        chemical facility terrorist incident; and
                            ``(II) would not--
                                    ``(aa) increase the interim storage 
                                of a substance of concern outside the 
                                covered chemical facility;
                                    ``(bb) directly result in the 
                                creation of a covered chemical facility 
                                assigned to tier 1 or tier 2 because of 
                                the potential extent and likelihood of 
                                death, injury, or serious adverse 
                                effects to human health, the 
                                environment, critical infrastructure, 
                                public health, homeland security, 
                                national security, or the national 
                                economy from a release of a substance 
                                of concern at the covered chemical 
                                facility;
                                    ``(cc) result in the reassignment 
                                of a covered chemical facility from 
                                tier 3 or tier 4 to tier 1 or tier 2 
                                because of the potential extent and 
                                likelihood of death, injury, or serious 
                                adverse effects to human health, the 
                                environment, critical infrastructure, 
                                public health, homeland security, 
                                national security, or the national 
                                economy from a release of a substance 
                                of concern at the covered chemical 
                                facility; and
                                    ``(dd) significantly increase the 
                                potential extent and likelihood of 
                                death, injury, or serious adverse 
                                effects to human health, the 
                                environment, critical infrastructure, 
                                public health, homeland security, 
                                national security, or the national 
                                economy from a release of a substance 
                                of concern due to a terrorist attack on 
                                the transportation infrastructure of 
                                the United States;
                            ``(ii) can feasibly be incorporated into 
                        the operation of the covered chemical facility; 
                        and
                            ``(iii) would not significantly and 
                        demonstrably impair the ability of the owner or 
                        operator of the covered chemical facility to 
                        continue the business of the covered chemical 
                        facility at its location.
                    ``(B) Written determination.--A determination made 
                by the Director of the Office of Chemical Facility 
                Security under subparagraph (A) shall be made in 
                writing and include the basis and reasons for the 
                determination, including the analysis of the Director 
                of the assessment by the covered chemical facility of 
                the technical feasibility, costs, avoided costs 
                (including liabilities), personnel implications, 
                savings, and applicability of implementing each method 
                to reduce the consequences of a terrorist attack.
                    ``(C) Maritime facilities.--With respect to a 
                covered chemical facility for which a facility security 
                plan is required under section 70103(c) of title 46, 
                United States Code, a written determination under 
                subparagraph (A) shall be made only after consultation 
                with the Captain of the Port for the area in which the 
                covered chemical facility is located.
            ``(2) Review of inability to comply.--
                    ``(A) In general.--Not later than 120 days after 
                receipt of a determination made by the Director under 
                paragraph (1), an owner or operator of a covered 
                chemical facility who is unable to comply with the 
                determination shall provide to the Secretary a written 
                explanation that--
                            ``(i) includes the reasons for 
                        noncompliance; and
                            ``(ii) specifies whether the inability of 
                        owner or operator to comply arises under clause 
                        (ii) or (iii) of paragraph (1)(A), or both.
                    ``(B) Review.--
                            ``(i) In general.--Not later than 120 days 
                        after receipt of an explanation submitted by an 
                        owner or operator of a covered chemical 
                        facility under subparagraph (A), the Secretary, 
                        after consulting with the owner or operator, as 
                        well as experts in the subjects of 
                        environmental health and safety, security, 
                        chemistry, design and engineering, process 
                        controls and implementation, maintenance, 
                        production and operations, chemical process 
                        safety, and occupational health, as 
                        appropriate, shall provide to the owner or 
                        operator a written determination of whether, in 
                        the discretion of the Secretary, implementation 
                        shall be required under paragraph (1).
                            ``(ii) Determination that implementation is 
                        required.--If the Secretary determines that 
                        implementation is required under clause (i), 
                        the Secretary shall issue an order that 
                        establishes the basis for the determination, 
                        including--
                                    ``(I) the findings of the relevant 
                                experts;
                                    ``(II) the specific methods 
                                selected for implementation; and
                                    ``(III) a schedule for 
                                implementation of the methods at the 
                                covered chemical facility.
    ``(d) Agricultural Sector.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Farm supplies merchant wholesaler.--The term 
                `farm supplies merchant wholesaler' means a covered 
                chemical facility that is primarily engaged in the 
                merchant wholesale distribution of farm supplies, 
                including animal feeds, fertilizers, agricultural 
                chemicals, pesticides, plant seeds, and plant bulbs.
                    ``(B) Agricultural end-users.--The term 
                `agricultural end-users' means facilities such as--
                            ``(i) farms, including crop, fruit, nut, 
                        and vegetable farms;
                            ``(ii) ranches and rangeland;
                            ``(iii) poultry, dairy, and equine 
                        facilities;
                            ``(iv) turfgrass growers;
                            ``(v) golf courses;
                            ``(vi) nurseries;
                            ``(vii) floricultural operations; and
                            ``(viii) public and private parks.
            ``(2) Guidance for farm supplies merchant wholesalers.--
                    ``(A) In general.--The Secretary shall provide 
                guidance and, as appropriate, tools, methodologies, or 
                computer software, to assist farm supplies merchant 
                wholesalers in complying with this section.  
                    ``(B) Grants authorized.--The Secretary may award 
                grants to farm supplies merchant wholesalers to assist 
                compliance with subsection (b), and in awarding grants, 
                shall give priority to farm supplies merchant 
                wholesalers that, in the discretion of the Secretary, 
                have the greatest need for the grants.
            ``(3) Assessment of agricultural impacts.--Not later than 6 
        months after the date of the enactment of this title, the 
        Secretary shall submit an assessment of the potential impacts 
        of compliance with this section regarding the assessment and, 
        as appropriate, implementation of methods to reduce the 
        consequences of a terrorist attack on the agricultural sector 
        to--
                    ``(A) the Committee on Homeland Security and 
                Governmental Affairs, the Committee on Environment and 
                Public Works, and the Committee on Agriculture, 
                Nutrition and Forestry of the Senate; and
                    ``(B) the Committee on Homeland Security,    the 
                Committee on Energy and Commerce, and the Committee on 
                Agriculture of the House of Representatives.
            ``(4) Consultation.--The assessment required under 
        paragraph (3) shall be conducted by the Secretary in 
        consultation with other appropriate Federal agencies.
            ``(5) Requirements.--The assessment required under 
        paragraph (3) shall include--
                    ``(A) data on the scope of agricultural facilities 
                to which this title applies, including--
                            ``(i) the number and type of manufacturers, 
                        retailers, aerial commercial applicators, and 
                        distributors of pesticide and fertilizer 
                        required to assess methods to reduce the 
                        consequences of a terrorist attack under 
                        subsection (b); and
                            ``(ii) the number and type of 
                        manufacturers, retailers, aerial commercial 
                        applicators, and distributors of pesticide and 
                        fertilizer assigned to tier 1 or tier 2 by the 
                        Secretary   because of  the potential extent 
                        and  likelihood of death, injury, or serious 
                        adverse effects to human health, the 
                        environment, critical infrastructure, public 
                        health, homeland security, national security, 
                        or the national economy from the release of a 
                        substance of concern at the covered chemical 
                        facility;
                    ``(B) a survey of known methods, processes or 
                practices, other than elimination of or cessation of 
                manufacturing of the pesticide or fertilizer, that 
                manufacturers, retailers, aerial commercial 
                applicators, and distributors of pesticide and 
                fertilizer could use to reduce the consequences of a 
                terrorist attack, including an assessment of the costs 
                and technical feasibility of each such method, process, 
                or practice;
                    ``(C) an analysis of how the assessment of methods 
                to reduce the consequences of a terrorist attack under 
                subsection (b) by manufacturers, retailers, aerial 
                commercial applicators, and distributors of pesticide 
                and fertilizer, and, as appropriate, the implementation 
                of methods to reduce the consequences of a terrorist 
                attack by such manufacturers, retailers, aerial 
                commercial applicators, and distributors of pesticide 
                and fertilizer subject to subsection (c), are likely to 
                impact agricultural end-users; and
                    ``(D) recommendations for how to mitigate any 
                adverse impacts identified under subparagraph (C).
    ``(e) Small Covered Chemical Facilities.--
            ``(1) Definition.--For purposes of this subsection, the 
        term `small covered chemical facility' means a covered chemical 
        facility that--
                    ``(A) has fewer than 350 employees employed at the 
                covered chemical facility; and
                    ``(B) is not a branch or subsidiary of another 
                entity.
            ``(2) Guidance for small covered chemical facilities.--The 
        Secretary may provide guidance and, as appropriate, tools, 
        methodologies, or computer software, to assist small covered 
        chemical facilities in complying with this section.
            ``(3) Limitation on implementation of methods.--The 
        Secretary may not require a small covered chemical facility to 
        implement methods to reduce the consequences of a terrorist 
        attack under subsection (c) unless the Secretary determines 
        that the implementation of the methods at the small covered 
        chemical facility do not significantly and demonstrably impair 
        the ability of the owner or operator of the covered chemical 
        facility to continue the business of the covered chemical 
        facility at the location of the covered chemical facility.
            ``(4) Assessment of impacts on small covered chemical 
        facilities.--
                    ``(A) In general.--Not later than 6 months after 
                the date of the enactment of this title, the Secretary 
                shall submit an assessment of the potential effects on 
                small covered chemical facilities of compliance with 
                this section regarding the assessment and, as 
                appropriate, implementation of methods to reduce the 
                consequences of a terrorist attack to--
                            ``(i) the Committee on Environment and 
                        Public Works and the Committee on Homeland 
                        Security and Governmental Affairs of the 
                        Senate; and
                            ``(ii) the Committee on Energy and Commerce 
                        and the Committee on Homeland Security of the 
                        House of Representatives.
                    ``(B) Requirements.--The assessment required under 
                subparagraph (A) shall include--
                            ``(i) data on the scope of small covered 
                        chemical facilities to which this title 
                        applies, including--
                                    ``(I) the number and type of small 
                                covered chemical facilities that are 
                                required to assess methods to reduce 
                                the consequences of a terrorist attack 
                                under subsection (b); and
                                    ``(II) the number and type of small 
                                covered chemical facilities assigned to 
                                tier 1 or tier 2 under section 
                                2102(c)(1) by the Secretary because of 
                                the potential extent and likelihood of 
                                death, injury, or serious adverse 
                                effects to human health, the 
                                environment, critical infrastructure, 
                                public health, homeland security, 
                                national security, or the national 
                                economy from the release of a substance 
                                of concern at the covered chemical 
                                facility; and
                            ``(ii) a discussion of how the Secretary 
                        plans to implement paragraph (3).
    ``(f) Provision of Information on Alternative Approaches.--
            ``(1) Information on methods to reduce consequences of a 
        terrorist act.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of the Secure Chemical Facilities 
                Act, the Secretary shall--
                            ``(i) make available information on the use 
                        and availability of methods to reduce the 
                        consequences of a chemical facility terrorist 
                        attack; and
                            ``(ii) periodically update the information 
                        described in clause (i).
                    ``(B) Information to be included.--The information 
                made available under subparagraph (A) may include 
                information relating to--
                            ``(i) general and specific types of the 
                        methods to reduce the consequences of a 
                        chemical facility terrorist attack;
                            ``(ii) combinations of chemical sources, 
                        substances of concern, and hazardous processes 
                        or conditions for which the methods described 
                        in clause (i) could be appropriate;
                            ``(iii) the availability of specific 
                        methods to reduce the consequences of a 
                        terrorist attack;
                            ``(iv) the costs and cost savings resulting 
                        from the use of such methods;
                            ``(v) emerging technologies that could be 
                        transferred from research models or prototypes 
                        to practical applications;
                            ``(vi) the availability of technical 
                        assistance and best practices; and
                            ``(vii) such other matters that the 
                        Secretary determines are appropriate.
            ``(2) Sector reports on methods to reduce consequences of a 
        terrorist act.--
                    ``(A) In general.--The Secretary shall periodically 
                make available industry sector reports on methods to 
                reduce the consequences of a terrorist attack that are 
                in use at chemical facilities.
                    ``(B) Contents of report.--The reports described in 
                subparagraph (A) shall include, by industry sector or 
                appropriate groupings of industry sectors, elements of 
                feasible technologies, techniques, or other means 
                described in subsection (b) that are--
                            ``(i) identified by covered chemical 
                        facilities under subsection (b) and submitted 
                        to the Secretary under section 2103; or
                            ``(ii) identified by the Secretary from 
                        relevant information sources.
                    ``(C) Public availability.--Information made 
                available under this paragraph--
                            ``(i) shall not identify any specific 
                        chemical facility;
                            ``(ii) shall be made available in 
                        accordance with section 2110; and
                            ``(iii) shall not disclose any proprietary 
                        information.
    ``(g) Funding for Methods To Reduce the Consequences of a Terrorist 
Attack.--The Secretary shall make grants to covered chemical 
facilities, with priority given to the highest risk covered chemical 
facilities, as determined by the Secretary, to supplement a portion of 
the costs of implementing methods to reduce the consequences of a 
terrorist attack.

``SEC. 2112. APPLICABILITY.

    ``This title shall not apply to--
            ``(1) any chemical facility that is owned and operated by 
        the Secretary of Defense;
            ``(2) the transportation in commerce, including incidental 
        storage, of any substance of concern regulated as a hazardous 
        material under chapter 51 of title 49, United States Code;
            ``(3) all or a specified portion of any chemical facility 
        that--
                    ``(A) is subject to regulation by the Nuclear 
                Regulatory Commission (referred to in this paragraph as 
                the `Commission') or a State that has entered into an 
                agreement with the Commission under section 274 b. of 
                the Atomic Energy Act of 1954 (42 U.S.C. 2021 b.);
                    ``(B) has had security controls imposed by the 
                Commission or State, whichever has the regulatory 
                authority, on the entire facility or the specified 
                portion of the chemical facility; and
                    ``(C) has been designated by the Commission, after 
                consultation with the State, if any, that regulates the 
                facility, and the Secretary, as excluded from the 
                application of this title;
            ``(4) any public water system subject to the Safe Drinking 
        Water Act (42 U.S.C. 300f et seq.); or
            ``(5) any treatment works, as defined in section 212 of the 
        Federal Water Pollution Control Act (33 U.S.C. 1292).

``SEC. 2113. SAVINGS CLAUSE.

    ``(a) In General.--Nothing in this title shall affect or modify in 
any way any obligation or liability of any person under any other 
Federal law, including--
            ``(1) section 112 of the Clean Air Act (42 U.S.C. 7412);
            ``(2) the Federal Water Pollution Control Act (33 U.S.C. 
        1251 et seq.);
            ``(3) the Resource Conservation and Recovery Act of 1976 
        (42 U.S.C. 6901 et seq.);
            ``(4) the National Environmental Policy Act of 1969 (42 
        U.S.C. 4321 et seq.);
            ``(5) the Occupational Safety and Health Act (29 U.S.C. 651 
        et seq.);
            ``(6) the National Labor Relations Act (29 U.S.C. 151 et 
        seq.);
            ``(7) the Emergency Planning and Community Right to Know 
        Act of 1986 (42 U.S.C. 11001 et seq.);
            ``(8) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
            ``(9) the Maritime Transportation Security Act of 2002 
        (Public Law 107-295);
            ``(10) the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
        seq.);
            ``(11) the Toxic Substances Control Act (15 U.S.C. 2601 et 
        seq.);
            ``(12) the Pollution Prevention Act of 1990 (42 U.S.C. 
        13101 et seq.); and
            ``(13) the Fair Credit Reporting Act (15 U.S.C. 1681 et 
        seq.).
    ``(b) State and Local Governments.--Nothing in this title shall 
preclude or deny the right of any State or unit of local government to 
adopt or enforce any regulation, requirement, or standard of 
performance relating to environmental protection, health, or safety.
    ``(c) Access.--Nothing in this title shall abridge or deny access 
to a chemical facility site to any person where required or permitted 
under any other law or regulation.

``SEC. 2114. OFFICE OF CHEMICAL FACILITY SECURITY.

    ``(a) In General.--There is established in the Department an Office 
of Chemical Facility Security, headed by a Director, who shall--
            ``(1) be a member of the Senior Executive Service under 
        section 5382 of title 5, United States Code; and
            ``(2) be responsible for carrying out the responsibilities 
        of the Secretary under this title.
    ``(b) Professional Qualifications.--The individual selected by the 
Secretary as the Director of the Office of Chemical Facility Security 
shall have professional qualifications and experience necessary for 
effectively directing the Office of Chemical Facility Security and 
carrying out this title, including--
            ``(1) a demonstrated knowledge of--
                    ``(A) physical infrastructure protection;
                    ``(B) cybersecurity;
                    ``(C) chemical facility security;
                    ``(D) hazard analysis;
                    ``(E) chemical process engineering;
                    ``(F) chemical process safety reviews; or
            ``(2) other such qualifications that the Secretary 
        determines to be necessary.
    ``(c) Selection Process.--The Secretary shall--
            ``(1) make a reasonable effort to select an individual to 
        serve as the Director of the Office of Chemical Facility 
        Security from among a group of candidates that is diverse with 
        respect to race, ethnicity, age, gender, and disability 
        characteristics; and
            ``(2) submit information on the selection process, 
        including details on efforts to assure diversity among the 
        candidates, to--
                    ``(A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    ``(B) the Committee on Homeland Security and the 
                Committee on Energy and Commerce of the House of 
                Representatives.
    ``(d) Outreach Support.--
            ``(1) Point of contact.--The Secretary shall designate a 
        point of contact for the Administrator of the Environmental 
        Protection Agency, and the head of any other agency designated 
        by the Secretary, with respect to the requirements under this 
        title.
            ``(2) Outreach.--The Secretary shall, as appropriate, and 
        in accordance with this title, inform State emergency response 
        commissions appointed under section 301(a) of the Emergency 
        Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 
        11001), local emergency planning committees appointed under 
        section 301(c) of that Act, and any other entity designated by 
        the Secretary of the findings of the Office of Chemical 
        Facility Security so that the commissions and committees may 
        update emergency planning and training procedures.

``SEC. 2115. SECURITY BACKGROUND CHECKS OF COVERED INDIVIDUALS AT 
              CERTAIN CHEMICAL FACILITIES.

    ``(a) Definition of Security Background Check.--In this section, 
the term `security background check' means a review, at no cost to an 
individual subject to the review, under subsection (b)(1) to identify 
individuals who may pose a threat to chemical facility security, to 
national security, or of terrorism of--
            ``(1) relevant databases to verify and validate identity;
            ``(2) relevant criminal history databases;
            ``(3) in the case of an alien (as defined in section 
        101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(3))), the relevant databases to determine the status of 
        the alien under the immigration laws of the United States;
            ``(4) the consolidated terrorist watchlist; and
            ``(5) any other relevant information or databases, as 
        determined by the Secretary.
    ``(b) Regulations Issued by the Secretary.--
            ``(1) In general.--
                    ``(A) Requirement.--The Secretary shall issue 
                regulations to require covered chemical facilities to 
                establish personnel surety for individuals described in 
                subparagraph (B) by conducting appropriate security 
                background checks and ensuring appropriate credentials 
                for unescorted visitors and personnel of the covered 
                chemical facility, including permanent and part-time 
                personnel, temporary personnel, and contract personnel, 
                including--
                            ``(i) measures designed to verify and 
                        validate identity;
                            ``(ii) measures designed to check criminal 
                        history;
                            ``(iii) measures designed to verify and 
                        validate legal authorization to work; and
                            ``(iv) measures designed to identify 
                        individuals with terrorist ties.
                    ``(B) Individuals described.--For purposes of 
                subparagraph (A), an individual described in this 
                subparagraph is--
                            ``(i) a covered individual who--
                                    ``(I) has unescorted access to 
                                restricted areas or critical assets; or
                                    ``(II) is provided with a copy of a 
                                security vulnerability assessment or 
                                site security plan;
                            ``(ii) an individual associated with a 
                        covered chemical facility, including any 
                        designated employee representative, who is 
                        provided with a copy of a security 
                        vulnerability assessment or site security plan; 
                        or
                            ``(iii) an individual who is determined by 
                        the Secretary to require a security background 
                        check based on chemical facility security 
                        performance standards.
            ``(2) Regulations.--The regulations required under 
        paragraph (1) shall set forth--
                    ``(A) the scope of the security background checks, 
                including--
                            ``(i) a list of offenses that are 
                        reasonably related to terrorism at a chemical 
                        facility and therefore disqualify, on an 
                        interim or permanent basis, the individual from 
                        working at the covered chemical facility;
                            ``(ii) the time period after which an 
                        interim disqualifying offense is no longer a 
                        disqualification, including applying the time 
                        periods described in part 1572 of title 49, 
                        Code of Federal Regulations, or any successor 
                        thereto, where applicable to the offenses 
                        identified in clause (i); and
                            ``(iii) the time period covered for each 
                        person subject to a security background check 
                        under paragraph (1);
                    ``(B) the processes to conduct the security 
                background checks;
                    ``(C) the necessary biographical information and 
                other data required in order to conduct the security 
                background checks;
                    ``(D) a redress process for an adversely affected 
                individual consistent with subsections (c) and (d);
                    ``(E) a prohibition on an owner or operator of a 
                covered chemical facility misrepresenting to an 
                employee or other relevant individual, including an 
                arbiter involved in a labor arbitration, the scope, 
                application, or meaning of any rules, regulations, 
                directives, or guidance issued by the Secretary related 
                to security background check requirements for covered 
                individuals when conducting a security background 
                check; and
                    ``(F) a requirement that any adverse employment 
                decision based on a finding in subparagraph (C), of a 
                person subject to a security background check under 
                subsection (a)(1), shall be based on accurate and up-
                to-date information.
    ``(c) Misrepresentation of Adverse Employment Decisions.--The 
regulations required under subsection (b)(1) shall provide that it 
shall be a misrepresentation under subsection (b)(2)(E) to attribute an 
adverse employment decision, including removal or suspension of an 
employee, to the regulations unless the owner or operator of a covered 
chemical facility determines, after opportunity for appropriate redress 
under the processes provided under subsection (d)(1), that the 
individual subject to the adverse employment decision--
            ``(1)(A) meets the requirements for interim or permanent 
        disqualifying offenses reasonably related to terrorism at a 
        covered chemical facility promulgated under subsection (b)(1);
            ``(B) is on the consolidated terrorist watchlist; or
            ``(C) is determined, as a result of the security background 
        check, not to be legally authorized to work in the United 
        States; and
            ``(2) has been informed of the basis for the decision and 
        the full rights of the individual to the prompt appeals and 
        reconsideration procedures under subsection (d) before an 
        adverse employment action is taken.
    ``(d) Redress Processes.--The regulations issued by the Secretary 
under subsection (b) shall--
            ``(1) provide an adequate and prompt redress process for an 
        individual subject to a security background check under 
        subsection (b)(1) who is subjected to an adverse employment 
        decision, including removal or suspension of the individual, 
        due to a determination by the employer under subsection (c), 
        that is consistent with the appeals process established under 
        section 70105(c) of title 46, United States Code, including all 
        rights to--
                    ``(A) hearings before an administrative law judge;
                    ``(B) scope of review; and
                    ``(C) a review of an unclassified summary of 
                classified evidence equivalent to the summary provided 
                in part 1515 of title 49, Code of Federal Regulations;
            ``(2) provide an adequate and prompt redress process for an 
        individual subject to a security background check under 
        subsection (b)(1) who is subjected to an adverse employment 
        decision, including removal or suspension of the individual, 
        due to a violation of subsection (b)(2)(E), which shall not 
        preclude the exercise of any other rights available under 
        collective bargaining agreements or applicable laws;
            ``(3) establish a reconsideration process described in 
        subsection (e) for an individual subject to an adverse 
        employment decision that was attributed by an owner or operator 
        to the regulations required under subsection (b)(1);
            ``(4) include the authority to order an appropriate remedy, 
        including reinstatement of the individual subject to a security 
        background check under subsection (b)(1), if the Secretary 
        determines that the adverse employment decision was made--
                    ``(A) in violation of the regulations required 
                under subsection (b)(1);
                    ``(B) as a result of an erroneous determination by 
                the Secretary to place the individual on the 
                consolidated terrorist watchlist; or
                    ``(C) as a result of an erroneous determination by 
                the owner or operator of a covered chemical facility 
                under subsection (c);
            ``(5) ensure that the redress processes required under 
        paragraphs (1) and (2) afford to the individual a full 
        disclosure of any public-record event covered under subsection 
        (c) that provides the basis for an adverse employment decision; 
        and
            ``(6) ensure that the individual subject to a security 
        background check under subsection (b)(1) receives the full 
        wages and benefits due to the individual until all redress 
        processes under this subsection are exhausted.
    ``(e) Reconsideration Process.--
            ``(1) In general.--The reconsideration process required 
        under subsection (d)(3) shall--
                    ``(A) require the Secretary to determine, within 30 
                days after receiving a petition submitted by an 
                individual subject to an adverse employment decision 
                that was attributed by an owner or operator to the 
                regulations required under subsection (b)(1), whether 
                the individual poses a security risk to the covered 
                chemical facility; and
                    ``(B) include procedures consistent with section 
                70105(c) of title 46, United States Code, including all 
                rights to--
                            ``(i) hearings before an administrative law 
                        judge;
                            ``(ii) scope of review; and
                            ``(iii) a review of an unclassified summary 
                        of classified evidence equivalent to the 
                        summary provided in part 1515 of title 49, Code 
                        of Federal Regulations.
            ``(2) Determination by the secretary.--In making a 
        determination described under paragraph (1)(A), the Secretary 
        shall--
                    ``(A) give consideration to the circumstance of any 
                disqualifying act or offense, restitution made by the 
                individual, Federal and State mitigation remedies, and 
                other factors from which it may be concluded that the 
                individual does not pose a security risk to the covered 
                chemical facility; and
                    ``(B) determine whether the individual poses a 
                security risk to the covered chemical facility to the 
                petitioner and to the owner or operator of the covered 
                chemical facility.
            ``(3) Owner or operator reconsideration.--If the Secretary 
        determines under paragraph (1)(A) that the individual does not 
        pose a security risk to the covered chemical facility, it shall 
        be a prohibited misrepresentation for the owner or operator of 
        the covered chemical facility to continue to attribute the 
        adverse employment decision to the regulations under subsection 
        (b)(1).
    ``(f) Restrictions on Use and Maintenance of Information.--
Information obtained under this section by the Secretary or the owner 
or operator of a covered chemical facility--
            ``(1) may not be made available to the public;
            ``(2) may not be accessed by an employee of the covered 
        chemical facility, except for an employee who is directly 
        involved with collecting the information or conducting or 
        evaluating security background checks;
            ``(3) shall be maintained confidentially by the covered 
        chemical facility and the Secretary;
            ``(4) shall be used only for making determinations under 
        this section; and
            ``(5) may be shared by the Secretary with other Federal law 
        enforcement agencies and law enforcement agencies of State and 
        local governments.
    ``(g) Savings Clause.--
            ``(1) Rights and responsibilities.--Nothing in this section 
        shall be construed to abridge any right or responsibility of an 
        individual subject to a security background check under 
        subsection (b)(1) or an owner or operator of a covered chemical 
        facility under any other Federal law, the law of a State or 
        local government, or a collective bargaining agreement.
            ``(2) Existing rights.--Nothing in this section shall be 
        construed as creating any new right or modifying any existing 
        right of an individual to appeal a determination by the 
        Secretary as a result of a check against a terrorist watch 
        list.
    ``(h) Preemption.--Nothing in this section shall be construed to 
preempt, alter, or affect a Federal law or the law of a State local or 
local government that requires criminal history background checks, 
checks on the authorization of an individual to work in the United 
States, or other background checks of individuals subject to security 
background checks under subsection (b)(1).
    ``(i) Department-Conducted Security Background Check.--
            ``(1) In general.--The regulations under subsection (b)(1) 
        shall set forth a process by which the Secretary, on an ongoing 
        basis, shall determine whether alternate security background 
        checks conducted by the Secretary are sufficient to meet the 
        requirements under this section such that no additional 
        security background check under this section is required for an 
        individual for whom the qualifying alternate security 
        background check was conducted.
            ``(2) Submission of information for verification.--The 
        Secretary may require the owner or operator of a covered 
        chemical facility to which an individual will have unescorted 
        access to sensitive or restricted areas to submit identifying 
        information about the individual and the alternate security 
        background check conducted for the individual to the Secretary 
        in order to enable the Secretary to verify the validity of the 
        alternate security background check.
            ``(3) Determination of exemption from security background 
        check.--
                    ``(A) In general.--The Secretary shall determine 
                whether a security background check under this section 
                is required for an individual holding a transportation 
                security card issued under section 70105 of title 46, 
                United States Code.
                    ``(B) Regulations.--If the Secretary determines 
                under subparagraph (A) that no background check is 
                required for an individual holding a transportation 
                security card issued under section 70105 of title 46, 
                United States Code, the Secretary shall include the 
                determination in the regulations required under 
                subsection (b)(1).
    ``(j) Termination of Employment.--If, as the result of a security 
background check, an owner or operator of a covered chemical facility 
finds that a covered individual is not legally authorized to work in 
the United States, the owner or operator shall cease to employ the 
covered individual, subject to the appropriate redress processes 
available to the individual under this section.

``SEC. 2116. CITIZEN ENFORCEMENT.

    ``(a) In General.--Except as provided in subsection (c), a person 
may bring a civil action--
            ``(1) against any governmental entity (including the United 
        States and any other governmental instrumentality or agency, to 
        the extent permitted by the eleventh amendment to the 
        Constitution of the United States, and any federally owned-
        contractor operated facility) alleged to be in violation of any 
        order that has become effective under this title; or
            ``(2) against the Secretary, for an alleged failure to 
        perform any act or duty under this title that is not 
        discretionary for the Secretary.
    ``(b) Court of Jurisdiction.--
            ``(1) In general.--Any action under subsection (a)(1) shall 
        be brought in the district court of the United States for the 
        district in which the alleged violation occurred.
            ``(2) Action against the secretary.--Any action brought 
        under subsection (a)(2) may be brought in the district court of 
        the United States for the district in which the alleged 
        violation occurred or in the United States District Court for 
        the District of Columbia.
            ``(3) Relief.--A district court of the United States may, 
        without regard to the amount in controversy or the citizenship 
        of the parties--
                    ``(A) enforce an order described in subsection 
                (a)(1);
                    ``(B) order a governmental entity to take such 
                action as may be necessary to enforce an order 
                described in subsection (a)(1); and
                    ``(C) in a civil action brought under subsection 
                (a)(2), order the Secretary to perform a non-
                discretionary act or duty under this title, and impose 
                civil penalties, as appropriate, under section 2107.
    ``(c) Actions Prohibited.--A civil action may not be filed under 
subsection (a) before 60 days after the date on which the person 
commencing the action has given notice of the alleged violation to--
            ``(1) the Secretary; and
            ``(2) in the case of an action under subsection (a)(1), any 
        governmental entity alleged to be in violation of an order.
    ``(d) Notice.--Notice under this section shall be given in such 
manner as the Secretary shall prescribe by regulation.
    ``(e) Intervention.--In any action under this section, the 
Secretary, if not a party, may intervene as a matter of right.
    ``(f) Costs.--If determined appropriate by the court, the court may 
award the costs of litigation (including reasonable attorney and expert 
witness fees) to the prevailing or substantially prevailing party in a 
civil action under subsection (a).
    ``(g) Bond.--The court may, if a temporary restraining order or 
preliminary injunction is sought, require the filing of a bond or 
equivalent security in accordance with the Federal Rules of Civil 
Procedure.
    ``(h) Other Rights Preserved.--Nothing in this section shall 
restrict any right which any person (or class of persons) may have 
under any statute or common law.

``SEC. 2117. CITIZEN PETITIONS.

    ``(a) Regulations.--The Secretary shall issue regulations to 
establish a citizen petition process for petitions described in 
subsection (b), which shall establish--
            ``(1) the format for the petitions;
            ``(2) the procedure for investigation of the petitions;
            ``(3) the procedure for response to the petitions, 
        including timelines;
            ``(4) the procedure for referral to and review by the 
        Office of the Inspector General of the Department without 
        deference to a determination made by the Secretary with respect 
        to the petition; and
            ``(5) the procedure for rejection or acceptance by the 
        Secretary of the recommendation of the Office of the Inspector 
        General.
    ``(b) Petitions.--The regulations promulgated under subsection (a) 
shall allow any person to file a petition with the Secretary--
            ``(1) identifying any person (including the United States 
        and any other governmental instrumentality or agency, to the 
        extent permitted by the eleventh amendment to the Constitution 
        of the United States) alleged to be in violation of any 
        standard, regulation, condition, requirement, prohibition, 
        plan, or order that has become effective under this title; and
            ``(2) describing the alleged violation of any standard, 
        regulation, condition, requirement, prohibition, plan, or order 
        that has become effective under this title by the person 
        described in paragraph (1).
    ``(c) Requirements.--After the Secretary issues regulations under 
subsection (a), the Secretary shall--
            ``(1) accept all petitions described under subsection (b) 
        that meet the requirements of the regulations issued under 
        subsection (a);
            ``(2) investigate all allegations contained in accepted 
        petitions;
            ``(3) determine whether enforcement action will be taken 
        concerning the alleged violation or violations;
            ``(4) respond to all accepted petitions promptly and in 
        writing;
            ``(5) include in all responses to petitions a brief and 
        concise statement, to the extent permitted under section 2110, 
        of the allegations, the steps taken to investigate, the 
        determination made, and the reasons for such determination;
            ``(6) maintain an internal record including all protected 
        information relating to the determination;
            ``(7) with respect to any petition for which the Secretary 
        has not made a timely response or the response of the Secretary 
        is unsatisfactory to the petitioner, provide the petitioner 
        with the opportunity to request--
                    ``(A) a review of the full record by the Inspector 
                General of the Department, including a review of 
                protected information; and
                    ``(B) the formulation of recommendations by the 
                Inspector General and submittal of such recommendations 
                to the Secretary and, to the extent permitted under 
                section 2110, to the petitioner; and
            ``(8) respond to a recommendation submitted by the 
        Inspector General under paragraph (7) by adopting or rejecting 
        the recommendation.

``SEC. 2118. NOTIFICATION SYSTEM TO ADDRESS PUBLIC CONCERNS.

    ``(a) Establishment.--The Secretary shall establish a notification 
system, which shall provide an individual the ability to report, via 
telephonic and Internet-based means, a suspected security deficiency or 
suspected noncompliance with this title.
    ``(b) Acknowledgment.--When the Secretary receives a report through 
the notification system established under subsection (a), the Secretary 
shall respond to the report in a timely manner, but in no case shall 
the Secretary respond to such a report later than 30 days after receipt 
of the report.
    ``(c) Steps To Address Problems.--The Secretary shall--
            ``(1) review each report received through the notification 
        system established under subsection (a); and
            ``(2) as necessary, take appropriate enforcement action 
        under section 2107.
    ``(d) Feedback Required.--Upon request, the Secretary shall provide 
to the individual who reported the suspected security deficiency or 
noncompliance through the notification system established under 
subsection (a) a written response that includes the findings of the 
Secretary with respect to the report submitted by the individual and 
what, if any, compliance action was taken in response to the report.
    ``(e) Inspector General Report Required.--
            ``(1) In general.--The Inspector General of the Department 
        shall submit to the Committee on Homeland Security and 
        Governmental Affairs and the Committee on Environment and 
        Public Works of the Senate and the Committee on Homeland 
        Security and the Committee on Energy and Commerce of the House 
        of Representatives an annual report on the reports received 
        under the notification system established under subsection (a) 
        and the disposition of the reports by the Secretary.
            ``(2) Confidential information.--The report required under 
        paragraph (1) shall be made publically available, except for 
        protected information as determined by the Inspector General, 
        which shall be submitted to Congress in an appendix to the 
        report.

``SEC. 2119. EMERGENCY RESPONSE CAPACITY STUDY.

    ``(a) Assessment and Report.--
            ``(1) In general.--The Secretary shall assess and submit a 
        report to Congress on the emergency response resources that 
        would be required in order to feasibly respond to a worst-case 
        chemical facility terrorist incident, including worst-case 
        release of a substance of concern.
            ``(2) Contents.--The report required under paragraph (1) 
        shall describe--
                    ``(A) the availability of fire, police, medical, 
                and other response personnel;
                    ``(B) the sufficiency of emergency response 
                facilities, equipment, and supplies;
                    ``(C) the logistical feasibility of evacuation;
                    ``(D) the carrying capacity of impeded and 
                unimpeded evacuation routes;
                    ``(E) the protective capacity of structures;
                    ``(F) the availability of health and environmental 
                hazard detection, identification, monitoring, cleanup, 
                and decontamination;
                    ``(G) the surge capacities of hospitals and other 
                health care facilities;
                    ``(H) the feasibility of warning persons within 
                vulnerable areas prior to impact and the capacity of 
                community notification and warning systems;
                    ``(I) the protection of vulnerable populations and 
                immobilized populations (including in schools, day care 
                centers, nursing homes, hospitals, sports arenas, 
                shopping malls, homes, and businesses);
                    ``(J) any additional relevant planning provisions 
                identified in section 303(c) of the Emergency Planning 
                and Community Right to Know Act (42 U.S.C. 11003(c));
                    ``(K) the necessary funding, organization 
                (including interagency coordination), personnel, 
                training, equipment, exercises, transportation, 
                community notification, medical, infrastructure, and 
                other elements to appropriately address any 
                deficiencies in response capacities; and
                    ``(L) any additional factors affecting the 
                feasibility of appropriately responding to a worst-case 
                chemical facility terrorist incident, including worst-
                case release of a substance of concern.
            ``(3) Public availability.--The report required under this 
        section shall be made publicly available, and shall not include 
        protected information.
            ``(4) Confidential information.--The Secretary shall submit 
        any protected information relating to the report required under 
        paragraph (1) to Congress in an appendix to the report.

``SEC. 2120. ANNUAL REPORT TO CONGRESS.

    ``(a) Annual Report.--Not later than 1 year after the date of 
enactment of this title, and annually thereafter for 10 years, the 
Secretary shall submit a report on progress in achieving compliance 
with this title to--
            ``(1) the Committee on Homeland Security and Governmental 
        Affairs and the Committee on Environment and Public Works of 
        the Senate; and
            ``(2) the Committee on Homeland Security and the Committee 
        on Energy and Commerce of the House of Representatives.
    ``(b) Requirement.--Each report required under subsection (a) shall 
include--
            ``(1) a qualitative discussion of how covered chemical 
        facilities, differentiated by tier, have reduced the risks of 
        chemical facility terrorist incidents at the covered chemical 
        facilities, including--
                    ``(A) a generalized summary of measures implemented 
                by covered chemical facilities in order to meet each 
                risk-based chemical facility performance standard 
                established under this title, and the measures that the 
                covered chemical facilities already had in place--
                            ``(i) in the case of the first report under 
                        this section, before the issuance of the final 
                        rule implementing the regulations known as the 
                        `Chemical Facility Anti-Terrorism Standards', 
                        issued on April 9, 2007; and
                            ``(ii) in the case of each subsequent 
                        report, since the submittal of the most recent 
                        report submitted under this section; and
                    ``(B) any other generalized summary the Secretary 
                determines appropriate to describe the measures covered 
                chemical facilities are implementing to comply with 
                this title; and
            ``(2) a quantitative summary of how the covered chemical 
        facilities, differentiated by tier, are complying with this 
        title during the period covered by the report and how the 
        Secretary is implementing and enforcing this title during the 
        period covered by the report, including--
                    ``(A) the number of chemical facilities that 
                provided the Secretary with information about 
                possessing substances of concern, as described in 
                section 2102(b)(2);
                    ``(B) the number of covered chemical facilities 
                assigned to each tier;
                    ``(C) the number of security vulnerability 
                assessments and site security plans submitted by 
                covered chemical facilities;
                    ``(D) the number of security vulnerability 
                assessments and site security plans approved and 
                disapproved by the Secretary;
                    ``(E) the number of covered chemical facilities 
                without an approved security vulnerability assessment 
                or site security plan;
                    ``(F) the number of chemical facilities that have 
                been assigned to a different tier or are no longer 
                designated as a covered chemical facility by the 
                Secretary due to implementation of a method to reduce 
                the consequences of a terrorist attack and a 
                description of the method;
                    ``(G) the number of orders for compliance issued by 
                the Secretary;
                    ``(H) the administrative penalties assessed by the 
                Secretary for noncompliance with this title;
                    ``(I) the civil penalties assessed by the court for 
                noncompliance with this title;
                    ``(J) the number of terrorist watchlist checks 
                conducted by the Secretary in order to comply with this 
                title;
                    ``(K) the number of appeals conducted by the 
                Secretary and the number of petitions for 
                reconsideration considered by the Secretary under the 
                processes established under subsections (d) and (e) of 
                section 2115, including those appeals and 
                reconsiderations addressing the processes described 
                under section 2115(c);
                    ``(L) aggregate information regarding the time 
                taken for the appeals described in subparagraph (K);
                    ``(M) aggregate information regarding the manner in 
                which the appeals described in subparagraph (K) were 
                resolved;
                    ``(N) based on information provided to the 
                Secretary annually by each owner or operator of a 
                covered chemical facility, the number of individuals 
                subjected to adverse employment decisions that were 
                attributed by the owner or operator to the regulations 
                required under section 2115(b)(1); and
                    ``(O) any other data the Secretary determines 
                appropriate to describe compliance with this title by 
                chemical facilities and the implementation of this 
                title by the Secretary.
    ``(c) Public Availability.--A report submitted under this section 
shall be made publicly available.

``SEC. 2121. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to the Secretary to carry 
out this title--
            ``(1) $300,000,000 for each of fiscal years 2011 and 2012, 
        of which $150,000,000 shall be made available for grants under 
        section 2111(g) for methods to reduce the consequences of a 
        terrorist attack, of which up to $3,000,000 shall be made 
        available for grants authorized under section 2111(d)(2); and
            ``(2) $275,000,000 for each of fiscal years 2013, 2014, and 
        2015, of which $150,000,000 shall be made available for grants 
        under section 2111(g) for methods to reduce the consequences of 
        a terrorist attack, of which up to $3,000,000 shall be made 
        available for grants authorized under section 2111(d)(2).''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by adding at the 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.''.
    (c) Conforming Repeal.--
            (1) Repeal.--The Department of Homeland Security 
        Appropriations Act, 2007 (Public Law 109-295) is amended by 
        striking section 550.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date of the enactment of this Act.
    (d) Regulations.--
            (1) Deadlines.--
                    (A) Proposed rules.--Not later that 6 months after 
                the date of enactment of this Act, the Secretary of 
                Homeland Security shall issue proposed rules to carry 
                out title XXI of the Homeland Security Act of 2002, as 
                added by subsection (a).
                    (B) Final rules.--Not later than 18 months after 
                the date of enactment of this Act, the Secretary of 
                Homeland Security shall issue final rules to carry out 
                title XXI of the Homeland Security Act of 2002, as 
                added by subsection (a).
            (2) Consultation.--In developing and implementing the rules 
        issued under paragraph (1), the Secretary of Homeland Security 
        shall consult with the Administrator of the Environmental 
        Protection Agency, and other persons, as appropriate, 
        regarding--
                    (A) the designation of substances of concern;
                    (B) methods to reduce the consequences of a 
                terrorist attack;
                    (C) security at drinking water facilities and 
                wastewater treatment works;
                    (D) the treatment of protected information; and
                    (E) any other matters the Secretary determines 
                necessary.
            (3) Sense of congress regarding cfats.--It is the sense of 
        Congress that--
                    (A) the Secretary of Homeland Security was granted 
                statutory authority under section 550 of the Department 
                of Homeland Security Appropriations Act (Public Law 
                109-295) to regulate security practices at chemical 
                facilities until October 1, 2009; and
                    (B) under section 550 of the Department of Homeland 
                Security Appropriations Act (Public Law 109-295), the 
                Secretary prescribed regulations known as the Chemical 
                Facility Anti-Terrorism Standards (referred to in this 
                section as ``CFATS regulations'').
            (4) Interim use and amendment of cfats.--Until the final 
        rules issued under paragraph (1) take effect, in carrying out 
        title XXI of the Homeland Security Act of 2002, as added by 
        subsection (a), the Secretary may, to the extent the Secretary 
        determines appropriate--
                    (A) continue to carry out the CFATS regulations, as 
                in effect on the day before the date of the enactment 
                of this Act;
                    (B) amend the CFATS regulations as may be necessary 
                to ensure that the CFATS regulations are consistent 
                with this Act and the amendments made by this Act; and
                    (C) continue using any tools developed for purposes 
                of the CFATS regulations, including the list of 
                substances of concern, usually referred to as 
                ``Appendix A'', and the chemical security assessment 
                tool (which includes facility registration, a top-
                screen questionnaire, a security vulnerability 
                assessment tool, a site security plan template, and a 
                chemical vulnerability information repository).
            (5) Update of facility plans assessments and plans prepared 
        under cfats.--The owner or operator of a covered chemical 
        facility that, before the effective date of the final 
        regulations issued under paragraph (1), submits a security 
        vulnerability assessment or site security plan under the CFATS 
        regulations, shall be required to update or amend the security 
        vulnerability assessment and site security plan of the facility 
        to reflect any additional requirements under this Act or the 
        amendments made by this Act, according to a timeline 
        established by the Secretary.
    (e) Review of Designation of Sodium Fluoroacetate as a Substance of 
Concern.--The Secretary of Homeland Security shall review the 
designation of sodium fluoroacetate as a substance of concern under 
section 2102(d) of the Homeland Security Act of 2002, as added by 
subsection (a), by the earlier of--
            (1) the date of the first periodic review conducted under 
        section 2102(d) of the Homeland Security Act of 2002; and
            (2) the date that is 1 year after the date of enactment of 
        this Act.
                                 <all>
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