‘‘(6) the conduct of tests of facilities should in-
clude blue hat, red hat, and white hat hackers to 
validate the security measures instituted to address 
cyber based threats. 
‘‘(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 ad-
verse effects to human health, the environment, 
critical infrastructure, public health, homeland 
security, national security, or the national econ-
omy from a release of a substance of concern 
at the covered chemical facility shall implement 
methods to reduce the consequences of a ter-
rorist attack on the covered chemical facility if 
the Director of the Office of Chemical Facility 
Security determines, using the assessment con-
ducted under subsection (b), that the implemen-
tation of the methods at the covered chemical 
facility— 
‘‘(i)(I) would significantly reduce the 
risk of death, injury, or serious adverse ef-
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fects to human health resulting from a 
chemical facility terrorist incident; and 
‘‘(II) would not— 
‘‘(aa) increase the interim stor-
age of a substance of concern outside 
the covered chemical facility; 
‘‘(bb) directly result in the cre-
ation of a covered chemical facility as-
signed to tier 1 or tier 2 because of 
the potential extent and likelihood of 
death, injury, or serious adverse ef-
fects to human health, the environ-
ment, critical infrastructure, public 
health, homeland security, national se-
curity, 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 ef-
fects to human health, the environ-
ment, critical infrastructure, public 
health, homeland security, national se-
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curity, 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 ef-
fects to human health, the environ-
ment, critical infrastructure, public 
health, homeland security, national se-
curity, or the national economy from 
a release of a substance of concern 
due to a terrorist attack on the trans-
portation infrastructure of the United 
States; 
‘‘(ii) can feasibly be incorporated into 
the operation of the covered chemical facil-
ity; and 
‘‘(iii) would not significantly and de-
monstrably 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 de-
termination made by the Director of the Office 
of Chemical Facility Security under subpara-
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graph (A) shall be made in writing and include 
the basis and reasons for the determination, in-
cluding the analysis of the Director of the as-
sessment by the covered chemical facility of the 
technical feasibility, costs, avoided costs (includ-
ing 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 facil-
ity 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— 
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‘‘(i) includes the reasons for non-
compliance; 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 subpara-
graph (A), the Secretary, after consulting 
with the owner or operator, as well as ex-
perts in the subjects of environmental 
health and safety, security, chemistry, de-
sign 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
IMPLE-
MENTATION
IS
REQUIRED.—If the Sec-
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retary 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 se-
lected for implementation; and 
‘‘(III) a schedule for implementa-
tion of the methods at the covered 
chemical facility. 
‘‘(d) AGRICULTURAL SECTOR.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) FARM SUPPLIES MERCHANT WHOLE-
SALER.—The term ‘farm supplies merchant 
wholesaler’ means a covered chemical facility 
that is primarily engaged in the merchant 
wholesale distribution of farm supplies, includ-
ing animal feeds, fertilizers, agricultural chemi-
cals, 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; 
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‘‘(ii) ranches and rangeland; 
‘‘(iii) poultry, dairy, and equine facili-
ties; 
‘‘(iv) turfgrass growers; 
‘‘(v) golf courses; 
‘‘(vi) nurseries; 
‘‘(vii) floricultural operations; and 
‘‘(viii) public and private parks. 
‘‘(2) GUIDANCE
FOR
FARM
SUPPLIES
MER-
CHANT WHOLESALERS.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
provide guidance and, as appropriate, tools, 
methodologies, or computer software, to assist 
farm supplies merchant wholesalers in com-
plying with this section.
‘‘(B) GRANTS
AUTHORIZED.—The Sec-
retary may award grants to farm supplies mer-
chant wholesalers to assist compliance with sub-
section (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
IM-
PACTS.—Not later than 6 months after the date of 
the enactment of this title, the Secretary shall sub-
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mit an assessment of the potential impacts of com-
pliance 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 Com-
mittee on Agriculture, Nutrition, and Forestry 
of the Senate; and 
‘‘(B) the Committee on Homeland Secu-
rity, 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 Sec-
retary in consultation with other appropriate Fed-
eral agencies. 
‘‘(5) REQUIREMENTS.—The assessment re-
quired under paragraph (3) shall include— 
‘‘(A) data on the scope of agricultural fa-
cilities to which this title applies, including— 
‘‘(i) the number and type of manufac-
turers, retailers, aerial commercial applica-
tors, and distributors of pesticide and fer-
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tilizer required to assess methods to reduce 
the consequences of a terrorist attack 
under subsection (b); and 
‘‘(ii) the number and type of manufac-
turers, retailers, aerial commercial applica-
tors, and distributors of pesticide and fer-
tilizer assigned to tier 1 or tier 2 or to a 
designation for small covered chemical fa-
cilities by the Secretary
because of
the 
potential extent and
likelihood of death, 
injury, or serious adverse effects to human 
health, the environment, critical infrastruc-
ture, public health, homeland security, na-
tional 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 ces-
sation of manufacturing of the pesticide or fer-
tilizer, that manufacturers, retailers, aerial 
commercial applicators, and distributors of pes-
ticide and fertilizer could use to reduce the con-
sequences of a terrorist attack, including an as-
sessment of the costs and technical feasibility of 
each such method, process, or practice; 
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‘‘(C) an analysis of how the assessment of 
methods to reduce the consequences of a ter-
rorist attack under subsection (b) by manufac-
turers, 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 com-
mercial applicators, and distributors of pesticide 
and fertilizer subject to subsection (c), are like-
ly to impact agricultural end-users; and 
‘‘(D) recommendations for how to mitigate 
any adverse impacts identified under subpara-
graph (C). 
‘‘(e) SMALL COVERED CHEMICAL FACILITIES.— 
‘‘(1) DEFINITION.—For purposes of this sub-
section, the term ‘small covered chemical facility’ 
means a covered chemical facility that— 
‘‘(A) has fewer than 350 employees em-
ployed at the covered chemical facility; and 
‘‘(B) is not a branch or subsidiary of an-
other entity. 
‘‘(2) GUIDANCE FOR SMALL COVERED CHEM-
ICAL FACILITIES.—The Secretary may provide guid-
ance and, as appropriate, tools, methodologies, or 
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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 cov-
ered chemical facility do not significantly and de-
monstrably impair the ability of the owner or oper-
ator of the covered chemical facility to continue the 
business of the covered chemical facility at the loca-
tion of the covered chemical facility. 
‘‘(4) ASSESSMENT OF IMPACTS ON SMALL COV-
ERED 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 chem-
ical facilities of compliance with this section re-
garding the assessment and, as appropriate, im-
plementation of methods to reduce the con-
sequences of a terrorist attack to— 
‘‘(i) the Committee on Environment 
and Public Works and the Committee on 
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Homeland Security and Governmental Af-
fairs of the Senate; and 
‘‘(ii) the Committee on Energy and 
Commerce and the Committee on Home-
land Security of the House of Representa-
tives. 
‘‘(B) REQUIREMENTS.—The assessment 
required under subparagraph (A) shall in-
clude— 
‘‘(i) data on the scope of small cov-
ered 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 re-
duce the consequences of a terrorist 
attack under subsection (b); and 
‘‘(II) the number and type of 
small covered chemical facilities as-
signed 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 ef-
fects to human health, the environ-
ment, critical infrastructure, public 
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health, homeland security, national se-
curity, 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 Frank Lau-
tenberg Memorial 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 ter-
rorist attack; and 
‘‘(ii) periodically update the informa-
tion described in clause (i). 
‘‘(B) INFORMATION
TO
BE
INCLUDED.— 
The information made available under subpara-
graph (A) may include information relating 
to— 
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‘‘(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 haz-
ardous processes or conditions for which 
the methods described in clause (i) could 
be appropriate; 
‘‘(iii) the availability of specific meth-
ods to reduce the consequences of a ter-
rorist attack; 
‘‘(iv) the costs and cost savings result-
ing 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 as-
sistance and best practices; and 
‘‘(vii) such other matters that the Sec-
retary determines are appropriate. 
‘‘(2) SECTOR REPORTS ON METHODS TO RE-
DUCE CONSEQUENCES OF A TERRORIST ACT.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
periodically make available industry sector re-
ports on methods to reduce the consequences of 
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a terrorist attack that are in use at chemical fa-
cilities. 
‘‘(B) CONTENTS OF REPORT.—The reports 
described in subparagraph (A) shall include, by 
industry sector or appropriate groupings of in-
dustry sectors, elements of feasible technologies, 
techniques, or other means described in sub-
section (b) that are— 
‘‘(i) identified by covered chemical fa-
cilities 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 ac-
cordance with section 2110; and 
‘‘(iii) shall not disclose any propri-
etary information. 
‘‘(g) FUNDING FOR METHODS TO REDUCE THE CON-
SEQUENCES OF A TERRORIST ATTACK.—The Secretary 
shall make grants to covered chemical facilities, with pri-
ority given to the highest risk covered chemical facilities, 
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as determined by the Secretary, to supplement a portion 
of the costs of implementing methods to reduce the con-
sequences of a terrorist attack. 
‘‘SEC. 2212. APPLICABILITY. 
‘‘This title shall not apply to— 
‘‘(1) any chemical facility that is owned and op-
erated by the Secretary of Defense; 
‘‘(2) the transportation in commerce, including 
incidental storage, of any substance of concern regu-
lated 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 Nu-
clear 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 
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‘‘(C) has been designated by the Commis-
sion, 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. 2213. 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.); 
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‘‘(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 Re-
sponse, 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 regula-
tion, requirement, or standard of performance relating to 
environmental protection, health, or safety. 
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‘‘(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. 2214. OFFICE OF CHEMICAL FACILITY SECURITY. 
‘‘(a) IN GENERAL.—There is established in the De-
partment an Office of Chemical Facility Security, headed 
by a Director, who shall— 
‘‘(1) be a member of the Senior Executive Serv-
ice under section 5382 of title 5, United States 
Code; and 
‘‘(2) be responsible for carrying out the respon-
sibilities of the Secretary under this title. 
‘‘(b) PROFESSIONAL QUALIFICATIONS.—The indi-
vidual selected by the Secretary as the Director of the Of-
fice of Chemical Facility Security shall have professional 
qualifications and experience necessary for effectively di-
recting the Office of Chemical Facility Security and car-
rying 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 
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‘‘(2) other such qualifications that the Sec-
retary determines to be necessary. 
‘‘(c) SELECTION PROCESS.—The Secretary shall— 
‘‘(1) make a reasonable effort to select an indi-
vidual 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, eth-
nicity, age, gender, and disability characteristics; 
and 
‘‘(2) submit information on the selection proc-
ess, 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 ap-
propriate, and in accordance with this title, inform 
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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 find-
ings of the Office of Chemical Facility Security so 
that the commissions and committees may update 
emergency planning and training procedures. 
‘‘SEC. 2215. SECURITY BACKGROUND CHECKS OF COVERED 
INDIVIDUALS AT CERTAIN CHEMICAL FACILI-
TIES. 
‘‘(a) DEFINITION
OF
SECURITY
BACKGROUND 
CHECK.—In this section, the term ‘security background 
check’ means a review by a Federal Government agency 
charged with screening Federal employees for security 
clearances that shall not be conducted by a contractor, at 
no cost to an individual subject to the review, under sub-
section (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; 
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‘‘(3) in the case of an alien (as defined in sec-
tion 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 immi-
gration laws of the United States; 
‘‘(4) the consolidated terrorist watchlist; and 
‘‘(5) any other relevant information or data-
bases, 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 fa-
cilities to establish personnel surety for individ-
uals described in subparagraph (B) by con-
ducting 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 con-
tract personnel, including— 
‘‘(i) measures designed to verify and 
validate identity; 
‘‘(ii) measures designed to check 
criminal history; 
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‘‘(iii) measures designed to verify and 
validate legal authorization to work; and 
‘‘(iv) measures designed to identify in-
dividuals with terrorist ties. 
‘‘(B) INDIVIDUALS DESCRIBED.—For pur-
poses of subparagraph (A), an individual de-
scribed in this subparagraph is— 
‘‘(i) a covered individual who— 
‘‘(I) has unescorted access to re-
stricted 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 vulner-
ability assessment or site security plan; or 
‘‘(iii) an individual who is determined 
by the Secretary to require a security 
background check based on chemical facil-
ity security performance standards. 
‘‘(2) REGULATIONS.—The regulations required 
under paragraph (1) shall set forth— 
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‘‘(A) the scope of the security background 
checks, including— 
‘‘(i) a list of offenses that are reason-
ably related to terrorism at a chemical fa-
cility and therefore disqualify, on an in-
terim or permanent basis, the individual 
from working at the covered chemical facil-
ity; 
‘‘(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 informa-
tion and other data required in order to con-
duct the security background checks; 
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‘‘(D) a redress process for an adversely af-
fected 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, includ-
ing 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 em-
ployment decision based on a finding in sub-
paragraph (C), of a person subject to a security 
background check under subsection (a)(1), shall 
be based on accurate and up-to-date informa-
tion. 
‘‘(c) MISREPRESENTATION
OF ADVERSE EMPLOY-
MENT DECISIONS.—The regulations required under sub-
section (b)(1) shall provide that it shall be a misrepresen-
tation 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 oper-
ator of a covered chemical facility determines, after oppor-
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tunity for appropriate redress under the processes pro-
vided 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 promul-
gated 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 de-
cision 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 back-
ground check under subsection (b)(1) who is sub-
jected to an adverse employment decision, including 
removal or suspension of the individual, due to a de-
termination by the employer under subsection (c), 
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that is consistent with the appeals process estab-
lished 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 Fed-
eral Regulations; 
‘‘(2) provide an adequate and prompt redress 
process for an individual subject to a security back-
ground check under subsection (b)(1) who is sub-
jected to an adverse employment decision, including 
removal or suspension of the individual, due to a vio-
lation of subsection (b)(2)(E), which shall not pre-
clude the exercise of any other rights available under 
collective bargaining agreements or applicable laws; 
‘‘(3) establish a reconsideration process de-
scribed 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 appro-
priate remedy, including reinstatement of the indi-
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vidual 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 re-
quired under subsection (b)(1); 
‘‘(B) as a result of an erroneous deter-
mination by the Secretary to place the indi-
vidual on the consolidated terrorist watchlist; or 
‘‘(C) as a result of an erroneous deter-
mination 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 indi-
vidual 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 se-
curity background check under subsection (b)(1) re-
ceives the full wages and benefits due to the indi-
vidual until all redress processes under this sub-
section are exhausted. 
‘‘(e) RECONSIDERATION PROCESS.— 
‘‘(1) IN GENERAL.—The reconsideration proc-
ess required under subsection (d)(3) shall— 
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‘‘(A) require the Secretary to determine, 
within 30 days after receiving a petition sub-
mitted 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 fa-
cility; 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 sum-
mary 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 
cir-
cumstance of any disqualifying act or offense, 
restitution made by the individual, Federal and 
State mitigation remedies, and other factors 
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from which it may be concluded that the indi-
vidual does not pose a security risk to the cov-
ered chemical facility; and 
‘‘(B) determine whether the individual 
poses a security risk to the covered chemical fa-
cility to the petitioner and to the owner or oper-
ator of the covered chemical facility. 
‘‘(3) OWNER
OR
OPERATOR
RECONSIDER-
ATION.—If the Secretary determines under para-
graph (1)(A) that the individual does not pose a se-
curity 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; 
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‘‘(3) shall be maintained confidentially by the 
covered chemical facility and the Secretary; 
‘‘(4) shall be used only for making determina-
tions under this section; and 
‘‘(5) may be shared by the Secretary with other 
Federal law enforcement agencies and law enforce-
ment 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 facil-
ity under any other Federal law, the law of a State 
or local government, or a collective bargaining agree-
ment. 
‘‘(2) EXISTING RIGHTS.—Nothing in this sec-
tion shall be construed as creating any new right or 
modifying any existing right of an individual to ap-
peal 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 author-
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ization 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
BACK-
GROUND CHECK.— 
‘‘(1) IN GENERAL.—The regulations under sub-
section (b)(1) shall set forth a process by which the 
Secretary, on an ongoing basis, shall determine 
whether alternate security background checks con-
ducted by the Secretary are sufficient to meet the 
requirements under this section such that no addi-
tional 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 in-
formation about the individual and the alternate se-
curity background check conducted for the individual 
to the Secretary in order to enable the Secretary to 
verify the validity of the alternate security back-
ground check. 
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‘‘(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 de-
termines under subparagraph (A) that no back-
ground check is required for an individual hold-
ing 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 re-
sult of a security background check, an owner or operator 
of a covered chemical facility finds that a covered indi-
vidual 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 proc-
esses available to the individual under this section. 
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‘‘SEC. 2216. 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 in-
strumentality 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 fail-
ure 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 sub-
section (a)(1) shall be brought in the district court 
of the United States for the district in which the al-
leged 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. 
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‘‘(3) RELIEF.—A district court of the United 
States may, without regard to the amount in con-
troversy or the citizenship of the parties— 
‘‘(A) enforce an order described in sub-
section (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 sub-
section (a)(2), order the Secretary to perform a 
nondiscretionary 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 no-
tice 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 vio-
lation of an order. 
‘‘(d) NOTICE.—Notice under this section shall be 
given in such manner as the Secretary shall prescribe by 
regulation. 
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‘‘(e) INTERVENTION.—In any action under this sec-
tion, the Secretary, if not a party, may intervene as a mat-
ter of right. 
‘‘(f) COSTS.—If determined appropriate by the court, 
the court may award the costs of litigation (including rea-
sonable 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 restrain-
ing 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. 2217. CITIZEN PETITIONS. 
‘‘(a) REGULATIONS.—The Secretary shall issue regu-
lations 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 peti-
tions; 
‘‘(3) the procedure for response to the petitions, 
including timelines; 
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‘‘(4) the procedure for referral to and review by 
the Office of the Inspector General of the Depart-
ment 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 Of-
fice of the Inspector General. 
‘‘(b) 
PETITIONS.—The 
regulations 
promulgated 
under subsection (a) shall allow any person to file a peti-
tion with the Secretary— 
‘‘(1) identifying any person (including the 
United States and any other governmental instru-
mentality 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, prohi-
bition, plan, or order that has become effective 
under this title; and 
‘‘(2) describing the alleged violation of any 
standard, regulation, condition, requirement, prohi-
bition, 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— 
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‘‘(1) accept all petitions described under sub-
section (b) that meet the requirements of the regula-
tions issued under subsection (a); 
‘‘(2) investigate all allegations contained in ac-
cepted petitions; 
‘‘(3) determine whether enforcement action will 
be taken concerning the alleged violation or viola-
tions; 
‘‘(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 re-
sponse of the Secretary is unsatisfactory to the peti-
tioner, provide the petitioner with the opportunity to 
request— 
‘‘(A) a review of the full record by the In-
spector General of the Department, including a 
review of protected information; and 
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‘‘(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 pe-
titioner; and 
‘‘(8) respond to a recommendation submitted by 
the Inspector General under paragraph (7) by adopt-
ing or rejecting the recommendation. 
‘‘SEC. 2218. NOTIFICATION SYSTEM TO ADDRESS PUBLIC 
CONCERNS. 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish a notification system, which shall provide an indi-
vidual 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 re-
ceives 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 Sec-
retary respond to such a report later than 30 days after 
receipt of the report. 
‘‘(c) STEPS TO ADDRESS PROBLEMS.—The Sec-
retary shall— 
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‘‘(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 Sec-
retary shall provide to the individual who reported the sus-
pected security deficiency or noncompliance through the 
notification system established under subsection (a) a 
written response that includes the findings of the Sec-
retary with respect to the report submitted by the indi-
vidual 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 Secu-
rity and the Committee on Energy and Commerce of 
the House of Representatives an annual report on 
the reports received under the notification system es-
tablished under subsection (a) and the disposition of 
the reports by the Secretary. 
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‘‘(2) CONFIDENTIAL
INFORMATION.—The re-
port required under paragraph (1) shall be made 
publicly available, except for protected information 
as determined by the Inspector General, which shall 
be submitted to Congress in an appendix to the re-
port. 
‘‘SEC. 2219. 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 capacity of volunteer first re-
sponders to address incidents at chemical facili-
ties in their response areas; 
‘‘(C) the sufficiency of emergency response 
facilities, equipment, and supplies; 
‘‘(D) the logistical feasibility of evacuation; 
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100 
‘‘(E) the carrying capacity of impeded and 
unimpeded evacuation routes; 
‘‘(F) the protective capacity of structures; 
‘‘(G) the availability of health and environ-
mental hazard detection, identification, moni-
toring, cleanup, and decontamination; 
‘‘(H) the surge capacities of hospitals and 
other health care facilities; 
‘‘(I) the feasibility of warning persons 
within vulnerable areas prior to impact and the 
capacity of community notification and warning 
systems; 
‘‘(J) the protection of vulnerable popu-
lations and immobilized populations (including 
in schools, day care centers, nursing homes, 
hospitals, sports arenas, shopping malls, homes, 
and businesses); 
‘‘(K) any additional relevant planning pro-
visions identified in section 303(c) of the Emer-
gency Planning and Community Right to Know 
Act (42 U.S.C. 11003(c)); 
‘‘(L) the necessary funding, organization 
(including interagency coordination), personnel, 
training, equipment, exercises, transportation, 
community notification, medical, infrastructure, 
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101 
and other elements to appropriately address any 
deficiencies in response capacities; and 
‘‘(M) 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 re-
quired under this section shall be made publicly 
available, and shall not include protected informa-
tion. 
‘‘(4) CONFIDENTIAL INFORMATION.—The Sec-
retary shall submit any protected information relat-
ing to the report required under paragraph (1) to 
Congress in an appendix to the report. 
‘‘SEC. 2220. 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 Envi-
ronment and Public Works of the Senate; and 
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102 
‘‘(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 re-
duced the risks of chemical facility terrorist inci-
dents 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 chem-
ical 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-Ter-
rorism Standards’, issued on April 9, 
2007; and 
‘‘(ii) in the case of each subsequent 
report, since the submittal of the most re-
cent report submitted under this section; 
and 
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103 
‘‘(B) any other generalized summary the 
Secretary determines appropriate to describe 
the measures covered chemical facilities are im-
plementing to comply with this title; and 
‘‘(2) a quantitative summary of how the covered 
chemical facilities, differentiated by tier, are com-
plying 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 facili-
ties 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 facili-
ties without an approved security vulnerability 
assessment or site security plan; 
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104 
‘‘(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 ter-
rorist 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 sub-
sections (d) and (e) of section 2115, including 
those appeals and reconsiderations addressing 
the processes described under section 2115(c); 
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‘‘(L) aggregate information regarding the 
time taken for the appeals described in sub-
paragraph (K); 
‘‘(M) aggregate information regarding the 
manner in which the appeals described in sub-
paragraph (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 indi-
viduals subjected to adverse employment deci-
sions that were attributed by the owner or oper-
ator to the regulations required under section 
2115(b)(1); and 
‘‘(O) any other data the Secretary deter-
mines appropriate to describe compliance with 
this title by chemical facilities and the imple-
mentation of this title by the Secretary. 
‘‘(c) PUBLIC AVAILABILITY.—A report submitted 
under this section shall be made publicly available. 
‘‘SEC. 2221. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There is authorized to be appropriated to the Sec-
retary to carry out this title— 
‘‘(1) $300,000,000 for each of fiscal years 2016 
and 2017, of which $150,000,000 shall be made 
available for grants under section 2111(g) for meth-
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106 
ods 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 
2018, 2019, and 2020, of which $150,000,000 shall 
be made available for grants under section 2111(g) 
for methods to reduce the consequences of a ter-
rorist 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 XXII—REGULATION OF SECURITY PRACTICES AT 
CHEMICAL FACILITIES 
‘‘Sec. 2201. Definitions. 
‘‘Sec. 2202. Risk-based designation and ranking of chemical facilities. 
‘‘Sec. 2203. Security vulnerability assessments and site security plans. 
‘‘Sec. 2204. Site inspections. 
‘‘Sec. 2205. Records. 
‘‘Sec. 2206. Timely sharing of threat information. 
‘‘Sec. 2207. Enforcement. 
‘‘Sec. 2208. Whistleblower protections. 
‘‘Sec. 2209. Federal preemption. 
‘‘Sec. 2210. Protection of information. 
‘‘Sec. 2211. Methods to reduce the consequences of a terrorist attack. 
‘‘Sec. 2212. Applicability. 
‘‘Sec. 2213. Savings clause. 
‘‘Sec. 2214. Office of Chemical Facility Security. 
‘‘Sec. 2215. Security background checks of covered individuals at certain chem-
ical facilities. 
‘‘Sec. 2216. Citizen enforcement. 
‘‘Sec. 2217. Citizen petitions. 
‘‘Sec. 2218. Notification system to address public concerns. 
‘‘Sec. 2219. Emergency response capacity study. 
‘‘Sec. 2220. Annual report to Congress. 
‘‘Sec. 2221. Authorization of appropriations.’’. 
(c) CONFORMING REPEAL.— 
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(1) REPEAL.—The Department of Homeland 
Security Appropriations Act, 2007 (Public Law 
109–295) is amended by striking section 550 (6 
U.S.C. 121 note). 
(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 Home-
land Security Act of 2002, as added by sub-
section (a). 
(2) CONSULTATION.—In developing and imple-
menting the rules issued under paragraph (1), the 
Secretary of Homeland Security shall consult with 
the Administrator of the Environmental Protection 
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