‘‘(A) general and specific types of such 
methods; 
‘‘(B) combinations of chemical sources, 
substances of concern, and hazardous processes 
or conditions for which such methods could be 
appropriate; 
‘‘(C) the availability of specific methods to 
reduce the consequences of a terrorist attack; 
‘‘(D) the costs and cost savings resulting 
from the use of such methods; 
‘‘(E) emerging technologies that could be 
transferred from research models or prototypes 
to practical applications; 
‘‘(F) the availability of technical assistance 
and best practices; and 
‘‘(G) such other matters as the Secretary 
determines is appropriate. 
‘‘(3) PUBLIC AVAILABILITY.—Information made 
available under this subsection shall not identify any 
specific chemical facility, violate the protection of in-
formation provisions under section 2110, or disclose 
any proprietary information. 
‘‘(d) FUNDING FOR METHODS TO REDUCE THE CON-
SEQUENCES OF A TERRORIST ATTACK.—The Secretary 
may make funds available to help defray the cost of imple-
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menting methods to reduce the consequences of a terrorist 
attack to covered chemical facilities that are required by 
the Secretary to implement such methods. 
‘‘SEC. 2112. 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; or 
‘‘(3) all or a specified portion of any chemical 
facility that— 
‘‘(A) is subject to regulation by the Nu-
clear Regulatory Commission (hereinafter in 
this paragraph referred to 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 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. 
‘‘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 section 112 
of the Clean Air Act (42 U.S.C. 7412), the Federal Water 
Pollution Control Act (33 U.S.C. 1251 et seq.), the Re-
source Conservation and Recovery Act of 1976 (42 U.S.C. 
6901 et seq.), the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.), the Occupational Safety 
and Health Act (29 U.S.C. 651 et seq.), the National 
Labor Relations Act (29 U.S.C. 151 et seq.), the Emer-
gency Planning and Community Right to Know Act of 
1996 (42 U.S.C. 11001 et seq.), the Safe Drinking Water 
Act (42 U.S.C. 300f et seq.), the Maritime Transportation 
Security Act of 2002 (Public Law 107–295), the Com-
prehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9601 et seq.), and the 
Toxic Substances Control Act (15 U.S.C. 2601 et seq.). 
‘‘(b) OTHER REQUIREMENTS.—Nothing in this title 
shall preclude or deny the right of any State or political 
subdivision thereof to adopt or enforce any regulation, re-
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quirement, or standard of performance relating to environ-
mental protection, health, or safety. 
‘‘SEC. 2114. 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 be a member of the Senior Execu-
tive Service in accordance with subchapter VI of chapter 
33 of title 5, United States Code, under section 5382 of 
that title, and who shall be responsible for carrying out 
the responsibilities 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 the requirements of this title, including a dem-
onstrated knowledge of physical infrastructure protection, 
cybersecurity, chemical facility security, hazard analysis, 
chemical process engineering, chemical process safety re-
views, or other such qualifications that the Secretary de-
termines to be necessary. 
‘‘(c) SELECTION
PROCESS.—The Secretary shall 
make a reasonable effort to select an individual to serve 
as the Director from among a group of candidates that 
is diverse with respect to race, ethnicity, age, gender, and 
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disability characteristics and submit to the Committee on 
Homeland Security and the Committee on Energy and 
Commerce of the House of Representatives and the Com-
mittee on Homeland Security and Governmental Affairs 
of the Senate information on the selection process, includ-
ing details on efforts to assure diversity among the can-
didates considered for this position. 
‘‘SEC. 2115. SECURITY BACKGROUND CHECKS OF COVERED 
INDIVIDUALS AT CERTAIN CHEMICAL FACILI-
TIES. 
‘‘(a) 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 chemical facility per-
sonnel, including permanent and part-time per-
sonnel, temporary personnel, and contract per-
sonnel, including— 
‘‘(i) measures designed to verify and 
validate identity; 
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‘‘(ii) measures designed to check 
criminal history; 
‘‘(iii) measures designed to verify and 
validate legal authorization to work; and 
‘‘(iv) measures designed to identify 
people with terrorist ties. 
‘‘(B) INDIVIDUALS DESCRIBED.—For pur-
poses of subparagraph (A), an individual de-
scribed in this subparagraph is an individual 
with access to restricted areas or critical assets 
of a covered chemical facility, including— 
‘‘(i) a covered individual who has 
unescorted access to restricted areas or 
critical assets or who is provided with a 
copy of a security vulnerability assessment 
or site security plan; 
‘‘(ii) a person associated with a cov-
ered chemical facility who is provided with 
a copy of a security vulnerability assess-
ment or site security plan; or 
‘‘(iii) a person who is determined by 
the Secretary to require a security back-
ground check based on chemical facility se-
curity performance standards. 
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‘‘(2) REGULATIONS.—The regulations required 
by paragraph (1) shall set forth— 
‘‘(A) the scope of the security background 
checks, including the types of disqualifying of-
fenses and the time period covered for each per-
son 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; 
‘‘(D) a redress process for an adversely-af-
fected person consistent with subsections (b) 
and (c); and 
‘‘(E) a prohibition on an owner or operator 
of a covered chemical facility unreasonably mis-
representing to an employee or other relevant 
person, 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 back-
ground check requirements for covered individ-
uals when conducting a security background 
check. 
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‘‘(b) REQUIREMENTS.—Upon issuance of regulations 
under subsection (a), the Secretary shall prohibit the 
owner or operator of a covered chemical facility from mak-
ing an adverse employment decision, including removal or 
suspension of the employee, due to such regulations with 
respect to such person unless such person— 
‘‘(1) has been convicted of, has been found not 
guilty of by reason of insanity of, or is under want, 
warrant, or indictment for a permanent disqualifying 
criminal offense listed in part 1572 of title 49, Code 
of Federal Regulations; 
‘‘(2) was convicted of or found not guilty by 
reason of insanity of an interim disqualifying crimi-
nal offense listed in part 1572 of title 49, Code of 
Federal Regulations, within 7 years of the date on 
which the covered chemical facility performs the se-
curity background check; 
‘‘(3) was incarcerated for an interim disquali-
fying criminal offense listed in part 1572 of title 49, 
Code of Federal Regulations, and released from in-
carceration within 5 years of the date that the chem-
ical facility performs the security background check; 
‘‘(4) is determined by the Secretary to be on 
the consolidated terrorist watchlist; or 
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‘‘(5) is determined, as a result of the security 
background check, not to be legally authorized to 
work in the United States. 
‘‘(c) REDRESS PROCESS.—Upon the issuance of reg-
ulations under subsection (a), the Secretary shall— 
‘‘(1) require an adequate and prompt redress 
process for a person subject to a security back-
ground check under subsection (a)(1) who is sub-
jected to an adverse employment decision, including 
removal or suspension of the employee, due to such 
regulations that is consistent with the appeals and 
waiver processes established for applicants for trans-
portation workers at ports, as required by section 
70105(c) of title 46, United States Code, including 
all rights to hearings before an administration law 
judge, scope of review, a review of an unclassified 
summary of classified evidence equivalent to the 
summary provided in part 1515 of title 49, Code of 
Federal Regulations, and procedures for new evi-
dence for both appeals and waiver decisions; 
‘‘(2) have the authority to order an appropriate 
remedy, including reinstatement of the person sub-
ject to a security background check under subsection 
(a)(1), should the Secretary determine that the 
owner or operator of a covered chemical facility 
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wrongfully made an adverse employment decision re-
garding such person pursuant to such rule, regula-
tion, directive, or guidance; 
‘‘(3) ensure that the redress process required 
under this subsection affords to the covered indi-
vidual a full disclosure of any public-record event 
covered by subsection (b) that provides the basis for 
an adverse employment decision; and 
‘‘(4) ensure that the person subject to a secu-
rity background check under subsection (a)(1) re-
ceives the person’s full wages and benefits until all 
appeals and waiver procedures are exhausted. 
‘‘(d) 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 shall be handled as follows: 
‘‘(1) Such information may not be made avail-
able to the public. 
‘‘(2) Such information may not be accessed by 
employees of the facility except for such employees 
who are directly involved with collecting the informa-
tion or conducting or evaluating security background 
checks. 
‘‘(3) Such information shall be maintained con-
fidentially by the facility and the Secretary and may 
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be used only for making determinations under this 
section. 
‘‘(4) The Secretary may share such information 
with other Federal, State, local, and tribal law en-
forcement agencies. 
‘‘(e) RIGHTS AND RESPONSIBILITIES.—Nothing in 
this section shall be construed to abridge any right or re-
sponsibility of a person subject to a security background 
check under subsection (a)(1) or an owner or operator of 
a covered chemical facility under any other Federal, State, 
local, or tribal law or collective bargaining agreement. 
‘‘(f) PREEMPTION.—Nothing in this section shall be 
construed to preempt, alter, or affect a Federal, State, 
local, or tribal law that requires criminal history back-
ground checks, checks on the authorization of an indi-
vidual to work in the United States, or other background 
checks of persons subject to security background checks 
under subsection (a)(1). 
‘‘(g) DEFINITION
OF
SECURITY
BACKGROUND 
CHECK.—The term ‘security background check’ means a 
review at no cost to any person subject to a security back-
ground check under subsection (a)(1) of the following for 
the purpose of identifying individuals who may pose a 
threat to chemical facility security, to national security, 
or of terrorism: 
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