the Environmental Protection Agency, and the head 
of any other agency designated by the Secretary, 
with respect to the requirements of this title. 
‘‘(2) OUTREACH.—The Secretary shall, as ap-
propriate, and in accordance with this title, inform 
State emergency response commissions appointed 
pursuant to section 301(a) of the Emergency Plan-
ning and Community Right-To-Know Act of 1986 
(42 U.S.C. 11001) and local emergency planning 
committees appointed pursuant to section 301(c) of 
such Act, and any other entity designated by the 
Secretary, of the findings of the Office of Chemical 
Facility Security so that such commissions and com-
mittees may update emergency planning and train-
ing procedures. 
‘‘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 
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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 
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— 
‘‘(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, including any des-
ignated employee representative, who is 
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provided with a copy of a security vulner-
ability assessment 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; 
‘‘(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 misrepresenting to 
an employee or other relevant person, including 
an arbiter involved in a labor arbitration, the 
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scope, application, or meaning of any rules, reg-
ulations, directives, or guidance issued by the 
Secretary related to security background check 
requirements for covered individuals when con-
ducting a security background check. 
‘‘(b) MISREPRESENTATION OF ADVERSE EMPLOY-
MENT DECISIONS.—The regulations required by sub-
section (a)(1) shall set forth that it shall be a misrepresen-
tation under subsection (a)(2)(E) to attribute an adverse 
employment decision, including removal or suspension of 
the employee, to such regulations unless the owner or op-
erator finds, after opportunity for appropriate redress 
under the processes provided under subsection (c)(1) and 
(c)(2), that the person subject to such adverse employment 
decision— 
‘‘(1) has been convicted of, has been found not 
guilty of by reason of insanity, or is under want, 
warrant, or indictment for, a permanent disquali-
fying criminal offense listed in part 1572 of title 49, 
Code of Federal Regulations; 
‘‘(2) was convicted of, or found not guilty of by 
reason of insanity, an interim disqualifying criminal 
offense listed in part 1572 of title 49, Code of Fed-
eral Regulations, within 7 years of the date on which 
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the covered chemical facility performs the security 
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 
‘‘(5) is determined, as a result of the security 
background check, not to be legally authorized to 
work in the United States. 
‘‘(c) REDRESS PROCESSES.—Upon the issuance of 
regulations under subsection (a), the Secretary shall— 
‘‘(1) require the owner or operator to provide 
an adequate and prompt redress process for a per-
son subject to a security background check under 
subsection (a)(1) who is subjected to an adverse em-
ployment decision, including removal or suspension 
of the employee, due to such regulations that is con-
sistent with the appeals process established for em-
ployees subject to consumer reports under the Fair 
Credit Reporting Act (15 U.S.C. 1681 et seq.), as 
in force on the date of the enactment of this title; 
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