‘‘(B) Information related to the criticality 
of the covered chemical facility. 
‘‘(C) The proximity or interrelationship of 
the covered chemical facility to other critical in-
frastructure. 
‘‘(d) REQUIREMENT FOR REVIEW.—The Secretary— 
‘‘(1) shall periodically review— 
‘‘(A) the designation of a substance of con-
cern and the threshold quantity under subsection 
(a)(1); and 
‘‘(B) 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 such a facility is assigned 
under subsection (c)(1). 
‘‘(e) PROVISION
OF
THREAT-RELATED
INFORMA-
TION.—In order to effectively assess the vulnerabilities to 
a covered chemical facility, the Secretary shall provide to 
the owner, operator, or security officer of a covered chemical 
facility threat information regarding probable threats to the 
facility and methods that could be used in a chemical facil-
ity terrorist incident. 
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‘‘SEC. 2103. SECURITY VULNERABILITY ASSESSMENTS AND 
SITE SECURITY PLANS. 
‘‘(a) IN GENERAL.— 
‘‘(1) REQUIREMENT.—The Secretary shall— 
‘‘(A) establish standards, protocols, and pro-
cedures for security vulnerability assessments 
and site security plans to be required for covered 
chemical facilities; 
‘‘(B) require the owner or operator of each 
covered chemical facility to— 
‘‘(i) conduct an assessment of the vul-
nerability of the covered chemical facility to 
a range of chemical facility terrorist inci-
dents, including an incident that results in 
a worst-case release of a substance of con-
cern; 
‘‘(ii) prepare and implement a site se-
curity plan for that covered chemical facil-
ity that addresses the security vulnerability 
assessment and meets the risk-based chem-
ical security performance standards under 
subsection (b); 
‘‘(iii) include at least one supervisory 
and at least one non-supervisory employee 
of the covered chemical facility, and at least 
one employee representative, from each bar-
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gaining agent at the covered chemical facil-
ity, if any, in developing the security vul-
nerability assessment and site security plan 
required under this clause; 
‘‘(iv) include, with the submission of a 
security vulnerability assessment of the fa-
cility and the site security plan, 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 penalty provisions 
under section 2107. 
‘‘(C) set deadlines, by tier, for the comple-
tion 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 con-
ducting a vulnerability assessment or site secu-
rity plan required under this section; 
‘‘(E) establish specific deadlines and re-
quirements for the submission by a covered chem-
ical facility of information describing— 
‘‘(i) any change in the use by the cov-
ered chemical facility of more than a thresh-
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old amount of any substance of concern that 
may affect the requirements of the chemical 
facility under this title; or 
‘‘(ii) any material modification to a 
covered chemical facility’s operations or site 
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 cov-
ered 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 vul-
nerability assessment or site security plan under 
this title, review and approve or disapprove such 
assessment or plan; and 
‘‘(H) establish, as appropriate, modified or 
separate standards, protocols, and procedures for 
security vulnerability assessments and site secu-
rity plans for covered chemical facilities that are 
also academic laboratories. 
‘‘(2) INHERENTLY GOVERNMENTAL FUNCTION.— 
The approval or disapproval of a security vulner-
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ability assessment or site security plan under this sec-
tion is an inherently governmental function. 
‘‘(b) RISK-BASED CHEMICAL SECURITY PERFORMANCE 
STANDARDS.—The Secretary shall establish risk-based 
chemical security performance standards for the site secu-
rity plans required to be prepared by covered chemical fa-
cilities. In establishing such standards, the Secretary 
shall— 
‘‘(1) require separate and, as appropriate, in-
creasingly stringent risk-based chemical security per-
formance standards for site security plans as the level 
of risk associated with the tier increases; 
‘‘(2) permit each covered chemical facility sub-
mitting a site security plan to select a combination 
of security measures that satisfy the risk-based chem-
ical security performance standards established by the 
Secretary under this subsection; and 
‘‘(3) provide, as appropriate, academic labora-
tories with modified or separate security measures 
that recognize the smaller quantities, highly distrib-
uted environments, and short periods of time that 
characterize the substances of concern at academic 
laboratories. 
‘‘(c) CO-LOCATED CHEMICAL FACILITIES.—The Sec-
retary may allow an owner or operator of a covered chem-
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ical facility that is located geographically close to another 
covered chemical facility to develop and implement coordi-
nated security vulnerability assessments and site security 
plans. 
‘‘(d) ALTERNATE SECURITY PROGRAMS SATISFYING 
REQUIREMENTS FOR SECURITY VULNERABILITY ASSESS-
MENT AND SITE SECURITY PLAN.— 
‘‘(1) ACCEPTANCE OF PROGRAM.—In response to 
a request by an owner or operator of a covered chem-
ical facility, the Secretary may accept an alternate 
security program submitted by the owner or operator 
of the facility as a component of the security vulner-
ability assessment or site security plan required 
under this section, if the Secretary determines that 
such alternate security program, in combination with 
other components of the security vulnerability assess-
ment and site security plan submitted by the owner 
or operator of the facility— 
‘‘(A) meets the requirements of this title and 
the regulations promulgated pursuant to this 
title; 
‘‘(B) provides an equivalent level of security 
to the level of security established pursuant to the 
regulations promulgated under this title; and 
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‘‘(C) includes employee participation as re-
quired under subsection (a)(1)(B)(iii). 
‘‘(2) SECRETARIAL REVIEW REQUIRED.—Nothing 
in this subsection shall relieve the Secretary of the ob-
ligation— 
‘‘(A) to review a security vulnerability as-
sessment and site security plan submitted by a 
covered chemical facility under this section; and 
‘‘(B) to approve or disapprove each such as-
sessment or plan on an individual basis accord-
ing to the deadlines established under subsection 
(a). 
‘‘(3) COVERED
FACILITY’S
OBLIGATIONS
UNAF-
FECTED.—Nothing in this subsection shall relieve any 
covered chemical facility of the obligation and respon-
sibility to comply with all of the requirements of this 
title. 
‘‘(4) PERSONNEL SURETY ALTERNATE SECURITY 
PROGRAM.—In response to an application from a 
non-profit, personnel surety accrediting organization 
acting on behalf of, and with written authorization 
from, the owner or operator of a covered chemical fa-
cility, the Secretary may accept a personnel surety 
alternate security program that meets the require-
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ments of section 2115 and provides for a background 
check process that is— 
‘‘(A) expedited, affordable, reliable, and ac-
curate; 
‘‘(B) fully protective of the rights of covered 
individuals through procedures that are con-
sistent with the privacy protections available 
under the Fair Credit Reporting Act (15 U.S.C. 
1681 et seq.); and 
‘‘(C) is a single background check consistent 
with a risk-based tiered program. 
‘‘(e) OTHER AUTHORITIES.— 
‘‘(1) REGULATION OF MARITIME FACILITIES.— 
‘‘(A) 
RISK-BASED
TIERING.—Notwith-
standing any other provision of law, 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 determine whether to designate such 
a facility as a covered chemical facility and to 
assign the facility to a risk-based tier under sec-
tion 2102 of this title. 
‘‘(B) ADDITIONAL MEASURES.—In the case 
of a facility designated as a covered chemical fa-
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cility under this title that is also regulated under 
section 70103(c) of title 46, United States Code, 
the Secretary shall require the owner or operator 
of such facility to update the vulnerability as-
sessments and facility security plans required 
under that section, if necessary, to ensure an 
equivalent level of security for substances of con-
cern, including the requirements under section 
2111, in the same manner as other covered chem-
ical facilities in this title. 
‘‘(C) INFORMATION SHARING AND PROTEC-
TION.—Notwithstanding section 70103(d) of title 
46, United States Code, the Secretary shall 
apply the information sharing and protection re-
quirements in section 2110 of this title to a facil-
ity described in subparagraph (B). 
‘‘(D) ENFORCEMENT.—The Secretary shall 
establish, by rulemaking, procedures to ensure 
that an owner or operator of a covered chemical 
facility required to update the vulnerability as-
sessment and facility security plan for the facil-
ity under subparagraph (B) is in compliance 
with the requirements of this title. 
‘‘(E) FORMAL AGREEMENT.—The Secretary 
shall— 
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‘‘(i) require the Office of Infrastructure 
Protection and the Coast Guard to enter 
into a formal agreement detailing their re-
spective roles and responsibilities in car-
rying out the requirements of this title. 
Such agreement shall ensure that the en-
forcement 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 enforcement of the requirements of this 
title for covered chemical facilities referred 
to in subparagraph (A). 
‘‘(2) COORDINATION OF STORAGE LICENSING OR 
PERMITTING REQUIREMENT.—In the case of any stor-
age 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 implemen-
tation of this section with the concurrence of the At-
torney General and avoid unnecessary duplication of 
regulatory requirements. 
‘‘(f) ROLE OF EMPLOYEES.— 
‘‘(1) DESCRIPTION OF ROLE REQUIRED.—As ap-
propriate, security vulnerability assessments or site 
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security plans required under this section shall de-
scribe the roles or responsibilities that covered indi-
viduals are expected to perform to deter or respond to 
a chemical facility terrorist incident. 
‘‘(2) TRAINING FOR EMPLOYEES.—The owner or 
operator of a covered chemical facility required to 
submit a site security plan under this section shall 
annually provide each covered individual with a role 
or responsibility referred to in paragraph (1) at the 
facility with a minimum of 8 hours of training. Such 
training shall— 
‘‘(A) include an identification and discus-
sion of substances of concern; 
‘‘(B) include a discussion of possible con-
sequences of a chemical facility terrorist inci-
dent; 
‘‘(C) review and exercise the covered chem-
ical facility’s site security plan, including any 
requirements for differing threat levels; 
‘‘(D) include a review of information pro-
tection requirements; 
‘‘(E) include a discussion of physical and 
cyber security equipment, systems, and methods 
used to achieve chemical security performance 
standards; 
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‘‘(F) allow training with other relevant par-
ticipants, including Federal, State, local, and 
tribal authorities, and first responders, where 
appropriate; 
‘‘(G) use existing national voluntary con-
sensus standards, chosen jointly with employee 
representatives, if any; 
‘‘(H) allow instruction through government 
training programs, chemical facilities, academic 
institutions, nonprofit organizations, industry 
and private organizations, employee organiza-
tions, and other relevant entities that provide 
such training; 
‘‘(I) use multiple training media and meth-
ods; 
‘‘(J) include identification and assessment 
of methods to reduce the consequences of a ter-
rorist attack; and 
‘‘(K) include a discussion of appropriate 
emergency response procedures. 
‘‘(g) WORKER TRAINING GRANTS PROGRAM.— 
‘‘(1) AUTHORITY.—The Secretary shall establish 
a grant program to award grants to eligible entities 
to provide for training and education of covered indi-
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viduals, first responders, and emergency response pro-
viders. 
‘‘(2) ADMINISTRATION.—The Secretary shall 
enter into an agreement with another Federal or 
State agency to make and administer grants or coop-
erative agreements under this section. 
‘‘(3) USE OF FUNDS.—The recipient of a grant 
under this subsection shall use the grant to provide 
for training and education of covered individuals, 
first responders, and emergency response providers, 
including— 
‘‘(A) the annual mandatory training speci-
fied in subsection (f)(2); and 
‘‘(B) other appropriate training for first re-
sponders and emergency response providers in 
protecting nearby persons, property, critical in-
frastructure, or the environment from the effects 
of a chemical facility terrorist incident. 
‘‘(4) ELIGIBLE ENTITIES.— For purposes of this 
subsection, an eligible entity is a nonprofit organiza-
tion with demonstrated experience in implementing 
and operating successful worker or first responder 
health and safety training programs. 
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‘‘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 rea-
sonable and appropriate, conduct chemical facility se-
curity inspections and verifications. 
‘‘(2) REQUIREMENTS.—To ensure and evaluate 
compliance with this title, including any regulations 
or requirements adopted by the Secretary in further-
ance of the purposes of this title, in conducting an in-
spection or verification under paragraph (1), the Sec-
retary shall have access to the owners, operators, em-
ployees, and employee representatives, if any, of a 
covered chemical facility. 
‘‘(c) UNANNOUNCED INSPECTIONS.—In addition to 
any inspection conducted pursuant to subsection (b), the 
Secretary shall require covered chemical facilities assigned 
to tier 1 and tier 2 under section 2102(c)(1) to undergo 
unannounced facility inspections. The inspections required 
under this subsection shall be— 
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‘‘(1) conducted without prior notice to the facil-
ity; 
‘‘(2) designed to evaluate at the chemical facility 
undergoing inspection— 
‘‘(A) the ability of the chemical facility to 
prevent a chemical facility terrorist incident that 
applicable chemical security performance stand-
ards are intended to prevent; 
‘‘(B) the ability of the chemical facility to 
protect against security threats that are required 
to be addressed by applicable chemical security 
performance standards; and 
‘‘(C) any weaknesses in the security plan of 
the chemical facility; 
‘‘(3) conducted so as not to affect the actual secu-
rity, physical integrity, or safety of the chemical fa-
cility or its employees while the inspection is con-
ducted; and 
‘‘(4) conducted— 
‘‘(A) every two years in the case of a cov-
ered chemical facility assigned to tier 1; and 
‘‘(B) every four years in the case of a cov-
ered chemical facility assigned to tier 2. 
‘‘(d) CHEMICAL
SECURITY
INSPECTORS
AUTHOR-
IZED.—Subject to availability of appropriations for such 
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purpose, the Secretary shall hire not fewer than 100 addi-
tional chemical facility inspectors in fiscal years 2010 and 
2011 to ensure compliance with this title. 
‘‘SEC. 2105. RECORDS. 
‘‘(a) REQUESTS FOR RECORDS.— 
‘‘(1) IN GENERAL.—In carrying out this title, the 
Secretary may require the submission of or, on pres-
entation of credentials, may at reasonable times ob-
tain access to and copy any records, including any 
records maintained in electronic format, necessary 
for— 
‘‘(A) reviewing or analyzing a security vul-
nerability assessment or site security plan sub-
mitted under section 2103; or 
‘‘(B) assessing the implementation of such a 
site security plan. 
‘‘(2) PROPER HANDLING OF RECORDS.—In ac-
cessing or copying any records under paragraph (1), 
the Secretary shall ensure that such records are han-
dled and secured appropriately in accordance with 
section 2110. 
‘‘(b) PROVISION OF RECORDS TO EMPLOYEE REP-
RESENTATIVES.—If a covered chemical facility has one or 
more certified or recognized bargaining agents, the owner 
or operator of the covered chemical facility shall provide 
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an employee representative designated by each such bar-
gaining agent at such facility with a copy of any security 
vulnerability assessment or site security plan submitted. 
Each employee representative shall ensure that any such as-
sessment or plan provided to the representative is 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 such information in a timely manner, to the max-
imum extent practicable under applicable authority and in 
the interests of national security, to the owner, operator, 
or security officer of that covered chemical facility, to a rep-
resentative of each recognized or certified bargaining agent 
at the facility, if any, and to relevant State, local, and trib-
al authorities, including the State Homeland Security Ad-
visor, if applicable. 
‘‘(b) RESPONSIBILITIES OF OWNER OR OPERATOR.— 
The Secretary shall require the owner or operator of a cov-
ered chemical facility to provide information concerning a 
threat in a timely manner about any significant security 
incident or threat to the covered chemical facility or any 
intentional or unauthorized penetration of the physical se-
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curity or cyber security of the covered chemical facility 
whether successful or unsuccessful. 
‘‘SEC. 2107. ENFORCEMENT. 
‘‘(a) REVIEW OF SITE SECURITY PLAN.— 
‘‘(1) DISAPPROVAL.—The Secretary shall dis-
approve a security vulnerability assessment or site se-
curity 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 plan or the implementation of 
the 
plan 
is 
insufficient 
to 
address 
vulnerabilities identified in a security vul-
nerability assessment, site inspection, or 
unannounced inspection of the covered 
chemical facility; or 
‘‘(ii) the plan fails to meet all applica-
ble chemical facility security performance 
standards. 
‘‘(2) PROVISION
OF
NOTIFICATION
OF
DIS-
APPROVAL.—If the Secretary disapproves the security 
vulnerability assessment or site security plan sub-
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mitted by a covered chemical facility under this title 
or the implementation of a site security plan by such 
a chemical facility, the Secretary shall provide the 
owner or operator of the covered chemical facility a 
written notification of the disapproval within 14 days 
of the date on which the Secretary disapproves such 
assessment or plan, that— 
‘‘(A) includes a clear explanation of defi-
ciencies in the assessment, plan, or implementa-
tion of the plan; and 
‘‘(B) requires the owner or operator of the 
covered chemical facility to revise the assessment 
or plan to address any deficiencies and, by such 
date as the Secretary determines is appropriate, 
to submit to the Secretary the revised assessment 
or plan. 
‘‘(3) ORDER
FOR
COMPLIANCE.—Whenever the 
Secretary determines that the owner or operator of a 
covered chemical facility has violated or is in viola-
tion of any requirement of this title or has failed or 
is failing to address any deficiencies in the assess-
ment, plan, or implementation of the plan by such 
date as the Secretary determines to be appropriate, 
the Secretary, after providing an opportunity for the 
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owner or operator of the covered chemical facility to 
consult with the Secretary, may— 
‘‘(A) issue an order assessing a civil penalty 
for any past or current violation, requiring com-
pliance immediately or within a specified time 
period, or both; or 
‘‘(B) commence a civil action in the United 
States district court in the district in which the 
violation occurred for appropriate relief, includ-
ing temporary or permanent injunction. 
‘‘(4) ORDER TO CEASE OPERATIONS.—If the Sec-
retary determines that the owner or operator of a cov-
ered chemical facility continues to be in noncompli-
ance after an order for compliance is issued under 
paragraph (3), the Secretary may issue an order to 
the owner or operator of a covered chemical facility 
to cease operations at the facility until the owner or 
operator complies with such order issued under para-
graph (3). Notwithstanding the preceding sentence, 
the Secretary may not issue an order to cease oper-
ations under this paragraph to the owner or operator 
of a wastewater facility. 
‘‘(b) PENALTIES.— 
‘‘(1) CIVIL PENALTIES.—A court may award a 
civil penalty, pursuant to an order issued by the Sec-
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retary under this title, of not more than $50,000 for 
each day on which a violation occurs or a failure to 
comply continues. 
‘‘(2) ADMINISTRATIVE
PENALTIES.—The Sec-
retary may award an administrative penalty, pursu-
ant to an order issued under this title, of not more 
than $25,000 for each day on which a violation oc-
curs or a failure to comply continues. 
‘‘(3) APPLICABILITY
OF
PENALTIES.—Penalties 
under paragraphs (1) and (2) may be awarded for 
any violation of this title, including a violation of the 
whistleblower protections under section 2108. 
‘‘SEC. 2108. WHISTLEBLOWER PROTECTIONS. 
‘‘(a) ESTABLISHMENT.—The Secretary shall establish 
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 cov-
ered chemical facility associated with the risk of a chemical 
facility terrorist incident. 
‘‘(b) CONFIDENTIALITY.—The Secretary shall keep con-
fidential the identity of a person that 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. 
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‘‘(c) ACKNOWLEDGMENT
OF RECEIPT.—If a report 
submitted under subsection (a) identifies the person submit-
ting the report, the Secretary shall respond promptly to 
such person to acknowledge receipt of the report. 
‘‘(d) STEPS TO ADDRESS PROBLEMS.—The Secretary 
shall review and consider the information provided in any 
report submitted under subsection (a) and shall, as nec-
essary, take appropriate steps under this title to address 
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 employee 
or otherwise discriminate against any employee with 
respect to his compensation, terms, conditions, or 
other privileges of employment because the employee 
(or any person acting pursuant 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 communications related to 
carrying out the employee’s job duties; 
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‘‘(B) refused to engage in any practice 
made unlawful by this title, if the employee has 
identified the alleged illegality to the employer; 
‘‘(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 cov-
ered 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 sub-
sections (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)(4) of such section 
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not later than 90 days after receiving a written final 
determination by the Secretary of Labor. 
‘‘(f) PROHIBITED PERSONNEL PRACTICES AFFECTING 
THE DEPARTMENT.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, any individual holding or applying 
for a position of employment within the Department 
shall be covered by— 
‘‘(A) paragraphs (1), (8), and (9) of section 
2302(b) of title 5, United States Code; 
‘‘(B) any provision of law implementing 
any of such paragraphs by providing any right 
or remedy available to an employee or applicant 
for employment in the civil service; and 
‘‘(C) any rule or regulation prescribed 
under any such paragraph. 
‘‘(2) RULE OF CONSTRUCTION.—Nothing in this 
paragraph shall be construed to affect any rights, 
apart from those referred to in paragraph (1), to 
which an individual described in that subparagraph 
might otherwise be entitled 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 any 
regulation, requirement, or standard of performance with 
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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 subdivision 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), that is provided to the Department 
by the owner or operator of a covered chemical facility or 
created by the Department under the requirements of this 
title— 
‘‘(1) is exempt from disclosure under section 552 
of title 5, United States Code; and 
‘‘(2) may not be made available pursuant to any 
State or local law requiring disclosure of information 
or records. 
‘‘(b) INFORMATION SHARING.—The Secretary shall fa-
cilitate and provide standards for the appropriate sharing 
of protected information with and between Federal, State, 
local, and tribal governments, emergency response pro-
viders, law enforcement officials, designated supervisory 
and non-supervisory covered chemical facility personnel 
with security, operational, or fiduciary responsibility for 
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the facility, and designated facility employee representa-
tives, if any. 
‘‘(c) TREATMENT OF INFORMATION IN ADJUDICATIVE 
PROCEEDINGS.—In a proceeding under this title, protected 
information described in subsection (g), or related vulner-
ability or security information, shall be treated in any judi-
cial or administrative action in a manner consistent with 
the treatment of sensitive security information under sec-
tion 525 of the Department of Homeland Security Appro-
priations Act, 2007 (Public Law 109-295; 120 Stat. 1321). 
‘‘(d) OTHER OBLIGATIONS UNAFFECTED.—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 
facility employees, 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 IN-
FORMATION.—Nothing in this title shall affect any author-
ity or obligation of a Federal, State, or local agency to pro-
tect or disclose any record or information that the Federal, 
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State, or local government agency obtains from a chemical 
facility under any other law. 
‘‘(g) PROTECTED INFORMATION.— 
‘‘(1) IN GENERAL.—For purposes of this title, 
protected information is the following: 
‘‘(A) Security vulnerability assessments and 
site security plans submitted to the Secretary 
under this title. 
‘‘(B) Portions of the following documents, 
records, orders, notices, or letters that the Sec-
retary determines would be detrimental to chem-
ical facility security if disclosed and that are de-
veloped by the Secretary or the owner or oper-
ator of a covered chemical facility exclusively 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 regard-
ing the compliance of a covered chemical fa-
cility with the requirements of this title. 
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‘‘(iv) Information provided to or cre-
ated by the Secretary under section sub-
section (b) or (c) of section 2102. 
‘‘(C) Other information developed exclu-
sively for the purposes of this title that the Sec-
retary determines, if disclosed, would be detri-
mental to chemical facility security. 
‘‘(2) EXCLUSIONS.—For purposes of this section, 
protected information does not include— 
‘‘(A) information that is otherwise publicly 
available, including information that is required 
to be made publicly available under any law; 
‘‘(B) information that a chemical facility 
has lawfully disclosed other than in accordance 
with this title; or 
‘‘(C) information that, if disclosed, would 
not be detrimental to the security of a chemical 
facility, including aggregate regulatory data that 
the Secretary determines is appropriate to de-
scribe facility compliance with the requirements 
of this title and the Secretary’s implementation 
of such requirements. 
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‘‘SEC. 2111. METHODS TO REDUCE THE CONSEQUENCES OF 
A TERRORIST ATTACK. 
‘‘(a) ASSESSMENT REQUIRED.—The owner or operator 
of a covered chemical facility shall include in the site secu-
rity plan conducted pursuant to section 2103, an assess-
ment of methods to reduce the consequences of a terrorist 
attack on that chemical facility, including— 
‘‘(1) a description of the methods to reduce the 
consequences of a terrorist attack assessed by the cov-
ered chemical facility; 
‘‘(2) the degree to which each method to reduce 
the consequences of a terrorist attack could, if applied, 
reduce the potential extent of death, injury, or serious 
adverse effects to human health resulting from a ter-
rorist release; 
‘‘(3) the technical viability, costs, avoided costs 
(including liabilities), savings, and applicability of 
implementing each method to reduce the consequences 
of a terrorist attack; and 
‘‘(4) any other information that the owner or op-
erator of the covered chemical facility considered in 
conducting the assessment. 
‘‘(b) IMPLEMENTATION.— 
‘‘(1) IMPLEMENTATION.—The owner or operator 
of a covered chemical facility assigned to tier 1 or tier 
2 that is required to conduct an assessment under 
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subsection (a) shall implement methods to reduce the 
consequences of a terrorist attack on the chemical fa-
cility if the Secretary determines, based on an assess-
ment in subsection (a), that the implementation of 
such methods at the facility— 
‘‘(A) would significantly reduce the risk of 
death, injury, or serious adverse effects to human 
health resulting from a chemical facility terrorist 
incident but would not increase the interim stor-
age of a substance of concern outside the facility 
or directly result in the creation of a new covered 
chemical facility assigned to tier 1 or tier 2 or 
the elevation of an existing covered chemical fa-
cility to tier 1 or tier 2; 
‘‘(B) can feasibly be incorporated into the 
operation of the covered chemical facility; 
‘‘(C) would not significantly and demon-
strably impair the ability of the owner or oper-
ator of the covered chemical facility to continue 
the business of the facility at its location; 
‘‘(D) would not significantly or demon-
strably reduce the operations of the covered chem-
ical facility or result in a reduction of the work-
force of the covered chemical facility; and 
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‘‘(E) would not significantly transfer secu-
rity risk to the transportation infrastructure of 
the United States. 
‘‘(2) ANALYSIS REQUIRED.— 
‘‘(A) IN GENERAL.—The Secretary may not 
require facilities to implement methods to reduce 
the consequences of a terrorist attack until the 
Secretary conducts a detailed analysis of the ef-
fects of such mandatory implementation. Such 
analysis shall consider— 
‘‘(i) the costs companies and facilities 
will incur as a result of mandatory imple-
mentation; 
‘‘(ii) any resultant loss of employment 
sustained; and 
‘‘(iii) any loss of production due to im-
plementation. 
‘‘(B) CONSULTATION.— In completing the 
analysis required by subparagraph (A), the Sec-
retary shall consult with relevant stakeholder 
groups, including— 
‘‘(i) experts from the chemical indus-
try; 
‘‘(ii) representatives of covered chem-
ical facilities; 
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‘‘(iii) members of the academic com-
munity; and 
‘‘(iv) appropriate representatives from 
organized labor. 
‘‘(C) REPORT.—The Secretary shall submit 
to the Committee on Homeland Security of the 
House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of 
the Senate a report detailing the Secretary’s 
analysis required by this subsection. 
‘‘(3) REVIEW OF INABILITY TO COMPLY.— 
‘‘(A) IN GENERAL.—An owner or operator 
of a covered chemical facility who is unable to 
comply with the Secretary’s determination under 
paragraph (1) shall, within 60 days of receipt of 
the Secretary’s determination, provide to the 
Secretary a written explanation that includes the 
reasons therefor. 
‘‘(B) REVIEW.—Not later than 60 days 
after the receipt of an explanation submitted 
under subparagraph (A), the Secretary, after 
consulting with the owner or operator of the cov-
ered chemical facility who submitted such expla-
nation, shall provide to the owner or operator a 
written determination of whether implementa-
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tion shall be required pursuant to paragraph (1). 
If the Secretary determines that implementation 
is required, the facility shall be required to begin 
implementation within 180 days of that deter-
mination. 
‘‘(4) APPEALS.— 
‘‘(A) IN GENERAL.—An owner or operator 
of a covered chemical facility who is unable to 
comply with the Secretary’s determination under 
paragraph (3)(B) may request a de novo hearing 
before an administrative law judge of the De-
partment of Homeland Security within 30 days 
of receipt of the Secretary’s determination. An 
owner or operator of a covered facility requesting 
such a hearing shall not be required to begin im-
plementation otherwise required by paragraph 
(3)(B). 
‘‘(B) HEARING.—To the extent necessary for 
the decision in a proceeding commenced under 
this paragraph, the administrative law judge 
shall decide all relevant questions of law and reg-
ulation. The administrative law judge shall set 
aside the Secretary’s determination if it is deter-
mined to be— 
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‘‘(i) arbitrary, capricious, an abuse of 
discretion, or otherwise not consistent with 
law; 
‘‘(ii) not made consistent with required 
procedures; or 
‘‘(iii) not supported by substantial evi-
dence. 
‘‘(C) TIME FRAME FOR DECISIONS.—The de-
cision of the administrative law judge shall be 
rendered within 30 days of the de novo hearing 
and shall constitute final action by the Sec-
retary. 
‘‘(D) ACTION UPON DECISION.—If the ad-
ministrative law judge— 
‘‘(i) concurs with the Secretary’s deter-
mination under paragraph (1), the owner 
or operator of a covered chemical facility 
shall begin to implement the methods to re-
duce the consequences of a terrorist attack 
required by the Secretary not later than 180 
days following the decision of the adminis-
trative law judge; or 
‘‘(ii) sets aside the Secretary’s deter-
mination under such paragraph, the owner 
or operator of a covered chemical facility 
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shall not be required to comply with such 
methods. 
‘‘(c) PROVISION OF INFORMATION ON ALTERNATIVE 
APPROACHES.— 
‘‘(1) IN
GENERAL.—The Secretary shall make 
available information to chemical facilities on the use 
and availability of methods to reduce the consequences 
of a chemical facility terrorist incident. 
‘‘(2) INFORMATION TO BE INCLUDED.—The in-
formation under paragraph (1) may include informa-
tion about— 
‘‘(A) general and specific types of such 
methods; 
‘‘(B) combinations of chemical sources, sub-
stances of concern, and hazardous processes or 
conditions for which such methods could be ap-
propriate; 
‘‘(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; 
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‘‘(F) the availability of technical assistance 
and best practices; and 
‘‘(G) such other matters as the Secretary de-
termines 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-
menting methods to reduce the consequences of a terrorist 
attack to covered chemical facilities that are required by 
the Secretary to implement such methods. 
‘‘(e) APPLICABILITY
TO
SMALL
BUSINESS
CON-
CERNS.— 
‘‘(1) REPORT.— 
‘‘(A) IN GENERAL.—Not later than one year 
after the date of the enactment of this Act, the 
Secretary shall submit a report to the Committee 
on Homeland Security of the House of Rep-
resentatives that reviews and assesses the security 
issues associated with exempting from this sec-
tion businesses that are small business concerns, 
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as determined by the Administrator of the Small 
Business Administration pursuant to the regula-
tions set forth in 13 C.F.R. 121.201, as in effect 
on January 1, 2009. 
‘‘(B) CONTENTS.—The report shall in-
clude— 
‘‘(i) an analysis of the potential issues 
relevant to exempting small business con-
cerns, as defined in subparagraph (A), from 
the requirements of this section, including 
the potential effect of such an exemption on 
the security of chemical facilities in the 
United States and the economic effect of ap-
plying this section to such small business 
concerns; and 
‘‘(ii) any other elements the Secretary 
determines to be relevant or appropriate. 
‘‘(2) DETERMINATION OF APPLICABILITY.—Upon 
submission of the report required in paragraph (1), 
the Secretary shall determine whether a small busi-
ness concern, as defined in paragraph (1)(A), shall be 
subject to or exempt from this section. 
‘‘SEC. 2112. APPLICABILITY. 
‘‘This title shall not apply to— 
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‘‘(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 Nuclear 
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 regu-
latory authority, on the entire facility or the 
specified portion of the facility; and 
‘‘(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 
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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 Resource 
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 Emergency 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 Comprehensive 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-
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 Depart-
ment an Office of Chemical Facility Security, headed by 
a Director, who shall be a member of the Senior Executive 
Service in accordance with subchapter VI of chapter 33 of 
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title 5, United States Code, under section 5382 of that title, 
and who shall 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 Office 
of Chemical Facility Security shall have professional quali-
fications and experience necessary for effectively directing 
the Office of Chemical Facility Security and carrying out 
the requirements of this title, including a demonstrated 
knowledge of physical infrastructure protection, cybersecu-
rity, chemical facility security, hazard analysis, chemical 
process engineering, chemical process safety reviews, or 
other such qualifications that the Secretary determines 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 disability 
characteristics and submit to the Committee on Homeland 
Security and the Committee on Energy and Commerce of 
the House of Representatives and the Committee on Home-
land Security and Governmental Affairs of the Senate in-
formation on the selection process, including details on ef-
forts to assure diversity among the candidates considered 
for this position. 
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‘‘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; 
‘‘(ii) measures designed to check crimi-
nal 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 
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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 crit-
ical 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. 
‘‘(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; 
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‘‘(C) the necessary biographical information 
and other data required in order to conduct the 
security background checks; 
‘‘(D) a redress process for an adversely-af-
fected person consistent with subsections (b) and 
(d); 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. 
‘‘(b) REQUIREMENTS.—Upon issuance of regulations 
under subsection (a), the Secretary shall prohibit the owner 
or operator of a covered chemical facility from making an 
adverse employment decision, including removal or suspen-
sion 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 
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criminal offense listed in part 1572 of title 49, Code 
of Federal Regulations; 
‘‘(2) was convicted of or found not guilty by rea-
son of insanity of an interim disqualifying criminal 
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 security back-
ground 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 incar-
ceration within 5 years of the date that the chemical 
facility performs the security background check; 
‘‘(4) is determined by the Secretary to be on the 
consolidated terrorist watchlist; or 
‘‘(5) is determined, as a result of the security 
background check, not to be legally authorized to work 
in the United States. 
‘‘(c) TERMINATION OF EMPLOYMENT.—If an owner or 
operator of a chemical facility finds that pursuant to a se-
curity background check a covered individual is not legally 
authorized to work in the United States, the owner or oper-
ator shall cease to employ the covered individual subject to 
the redress process under subsection (d). 
VerDate Nov 24 2008 
02:50 Oct 24, 2009
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