date as the Secretary determines to be appropriate, 
the Secretary may— 
‘‘(A) after providing notice to the owner or 
operator of the covered chemical facility and an 
opportunity, pursuant to the regulations issued 
under this title, for such owner or operator to 
seek departmental review of the Secretary’s de-
termination, issue an order assessing an admin-
istrative penalty of not more than $25,000 for 
each day on which a past or current violation 
occurs or a failure to comply continues, requir-
ing compliance immediately or within a speci-
fied 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 on which a past or cur-
rent violation occurs or a failure to comply con-
tinues, or both. 
‘‘(2) ORDER
TO
CEASE
OPERATIONS.—When-
ever the Secretary determines that the owner or op-
erator 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 oper-
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ations at the facility until compliance is achieved to 
the satisfaction of the Secretary. 
‘‘(c)
APPLICABILITY
OF
PENALTIES.—A
penalty 
under subsection (b)(1) may be awarded for any violation 
of this title, including a violation of the whistleblower pro-
tections under section 2108. 
‘‘SEC. 2108. WHISTLEBLOWER PROTECTIONS. 
‘‘(a) ESTABLISHMENT.—The Secretary shall estab-
lish and provide information to the public regarding a 
process by which any person 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. 
‘‘(b) CONFIDENTIALITY.—The Secretary shall keep 
confidential the identity of a person who submits a report 
under subsection (a), and any such report shall be treated 
as protected information under section 2110 to the extent 
that it does not consist of publicly available information. 
‘‘(c) ACKNOWLEDGMENT OF RECEIPT.—If a report 
submitted under subsection (a) identifies the person sub-
mitting the report, the Secretary shall respond promptly 
to such person to acknowledge receipt of the report. 
‘‘(d) STEPS
TO ADDRESS PROBLEMS.—The Sec-
retary shall review and consider the information provided 
in any report submitted under subsection (a) and shall, 
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as necessary, take appropriate steps under this title to ad-
dress any problem, deficiency, or vulnerability identified 
in the report. 
‘‘(e) RETALIATION PROHIBITED.— 
‘‘(1) PROHIBITION.—No owner or operator of a 
covered chemical facility, for-profit or not-for-profit 
corporation, association, or any contractor, subcon-
tractor or agent thereof, may discharge any em-
ployee or otherwise discriminate against any em-
ployee with respect to the employee’s compensation, 
terms, conditions, or other privileges of employment 
because the employee (or any person acting pursu-
ant to a request of the employee)— 
‘‘(A) notified the Secretary, the owner or 
operator of a covered chemical facility, or the 
employee’s employer of an alleged violation of 
this title, including notification of such an al-
leged violation through communications related 
to carrying out the employee’s job duties; 
‘‘(B) refused to participate in any conduct 
that the employee reasonably believes is in non-
compliance with a requirement of this title, if 
the employee has identified the alleged non-
compliance to the employer; 
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‘‘(C) testified before or otherwise provided 
information relevant for Congress or for any 
Federal or State proceeding regarding any pro-
vision (or proposed provision) of this title; 
‘‘(D) commenced, caused to be commenced, 
or is about to commence or cause to be com-
menced a proceeding under this title; 
‘‘(E) testified or is about to testify in any 
such proceeding; or 
‘‘(F) assisted or participated or is about to 
assist or participate in any manner in such a 
proceeding or in any other manner in such a 
proceeding or in any other action to carry out 
the purposes of this title. 
‘‘(2) ENFORCEMENT
ACTION.—Any 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. A party may seek 
district court review as set forth in subsection (d)(3) 
of such section not later than 90 days after receiving 
a written final determination by the Secretary of 
Labor. 
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‘‘(3) PROHIBITED PERSONNEL PRACTICES AF-
FECTING THE DEPARTMENT.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law, any 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
imple-
menting any of such paragraphs by pro-
viding any right or remedy available to an 
employee or applicant for employment in 
the civil service; and 
‘‘(iii) any rule or regulation prescribed 
under any such paragraph. 
‘‘(B) RULE OF CONSTRUCTION.—Nothing 
in this paragraph shall be construed to affect 
any rights, apart from those referred to in sub-
paragraph (A), to which an individual described 
in that subparagraph might otherwise be enti-
tled to under law. 
‘‘SEC. 2109. FEDERAL PREEMPTION. 
‘‘This title does not preclude or deny any right of any 
State or political subdivision thereof to adopt or enforce 
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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 political subdivi-
sion thereof with respect to covered chemical facilities 
within that State or political subdivision thereof. 
‘‘SEC. 2110. PROTECTION OF INFORMATION. 
‘‘(a) PROHIBITION OF PUBLIC DISCLOSURE OF PRO-
TECTED INFORMATION.—Protected information, as de-
scribed in subsection (g)— 
‘‘(1) shall be exempt from disclosure under sec-
tion 552 of title 5, United States Code; and 
‘‘(2) shall not be made available pursuant to 
any State, local, or tribal law requiring disclosure of 
information or records. 
‘‘(b) INFORMATION SHARING.— 
‘‘(1) IN
GENERAL.—The Secretary shall pre-
scribe such regulations, and may issue such orders, 
as necessary to prohibit the unauthorized disclosure 
of protected information, as described in subsection 
(g). 
‘‘(2) SHARING OF PROTECTED INFORMATION.— 
The regulations under paragraph (1) shall provide 
standards for and facilitate the appropriate sharing 
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of protected information with and between Federal, 
State, local, and tribal authorities, emergency re-
sponse providers, law enforcement officials, des-
ignated
supervisory
and
nonsupervisory
covered 
chemical facility personnel with security, operational, 
or fiduciary responsibility for the facility, and des-
ignated facility employee representatives, if any. 
Such standards shall include procedures for the 
sharing of all portions of a covered chemical facili-
ty’s vulnerability assessment and site security plan 
relating to the roles and responsibilities of covered 
individuals under section 2103(g)(1) with a rep-
resentative of each certified or recognized bargaining 
agent representing such covered individuals, if any, 
or, if none, with at least one supervisory and at least 
one non-supervisory employee with roles or respon-
sibilities under section 2103(g)(1). 
‘‘(3) PENALTIES.—Protected information, as 
described in subsection (g), shall not be shared ex-
cept in accordance with the regulations under para-
graph (1). Whoever discloses protected information 
in knowing violation of the regulations and orders 
issued under paragraph (1) shall be fined under title 
18, United States Code, imprisoned for not more 
than one year, or both, and, in the case of a Federal 
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officeholder or employee, shall be removed from Fed-
eral office or employment. 
‘‘(c) TREATMENT OF INFORMATION IN ADJUDICA-
TIVE PROCEEDINGS.—In any judicial or administrative 
proceeding, protected information described in subsection 
(g) shall be treated in a manner consistent with the treat-
ment 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(h), nothing in this section af-
fects 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 facility employ-
ees, employee organizations, or a Federal, State, tribal, 
or local government. 
‘‘(e) SUBMISSION OF INFORMATION TO CONGRESS.— 
Nothing in this title shall permit or authorize the with-
holding of information from Congress or any committee 
or subcommittee thereof. 
‘‘(f) DISCLOSURE OF INDEPENDENTLY FURNISHED 
INFORMATION.—Nothing in this title shall affect any au-
thority or obligation of a Federal, State, local, or tribal 
government agency to protect or disclose any record or 
information that the Federal, State, local, or tribal govern-
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ment agency obtains from a chemical facility under any 
other law. 
‘‘(g) PROTECTED INFORMATION.— 
‘‘(1) IN GENERAL.—For purposes of this title, 
the term ‘protected information’ means any of the 
following: 
‘‘(A)
Security
vulnerability
assessments 
and site security plans, including any assess-
ment required under section 2111. 
‘‘(B) Portions of the following documents, 
records, orders, notices, or letters that the Sec-
retary has determined by regulation would be 
detrimental to chemical facility security if dis-
closed 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 
Secretary’s review and approval or dis-
approval of vulnerability assessments and 
site security plans under this title. 
‘‘(ii) Documents directly related to in-
spections and audits under this title. 
‘‘(iii) Orders, notices, or letters re-
garding the compliance of a covered chem-
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ical facility with the requirements of this 
title. 
‘‘(iv)
Information,
documents,
or 
records required to be provided to or cre-
ated by the Secretary under subsection (b) 
or (c) of section 2102. 
‘‘(v) Documents directly related to se-
curity drills and training exercises, security 
threats
and
breaches
of
security,
and 
maintenance, calibration, and testing of se-
curity equipment. 
‘‘(C)
Other
information,
documents,
or 
records developed exclusively for the purposes of 
this title that the Secretary has determined by 
regulation would, if disclosed, be detrimental to 
chemical facility security. 
‘‘(2)
EXCLUSIONS.—Notwithstanding
para-
graph (1), the term ‘protected information’ does not 
include— 
‘‘(A) information, other than a security 
vulnerability assessment or site security plan, 
that the Secretary has determined by regulation 
to be— 
‘‘(i) appropriate to describe facility 
compliance with the requirements of this 
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title and the Secretary’s implementation of 
such requirements; and 
‘‘(ii) not detrimental to chemical facil-
ity security if disclosed; or 
‘‘(B) information, whether or not also con-
tained in a security vulnerability assessment, 
site security plan, or in a document, record, 
order, notice, or letter, or portion thereof, de-
scribed in subparagraph (B) or (C) of para-
graph (1), that is obtained from another source 
with respect to which the Secretary has not 
made a determination under either such sub-
paragraph, including— 
‘‘(i) information that is required to be 
made publicly available under any other 
provision of law; and 
‘‘(ii) information that a chemical facil-
ity has lawfully disclosed other than in a 
submission to the Secretary pursuant to a 
requirement of this title. 
‘‘SEC. 2111. METHODS TO REDUCE THE CONSEQUENCES OF 
A TERRORIST ATTACK. 
‘‘(a) ASSESSMENT REQUIRED.— 
‘‘(1) ASSESSMENT.—The owner or operator of 
a covered chemical facility shall include in the site 
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