I 
114TH CONGRESS 
1ST SESSION 
H. R. 54 
To enhance the security of chemical facilities and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 6, 2015 
Ms. JACKSON LEE introduced the following bill; which was referred to the 
Committee on Homeland Security, and in addition to the Committee on 
Energy and Commerce, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To enhance the security of chemical facilities and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Frank Lautenberg Me-
morial Secure Chemical Facilities Act’’. 
SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress finds the following: 
(1) The chemical sector of the United States 
represents a target that terrorists could exploit to 
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cause consequences, including death, injury, or seri-
ous adverse effects to human health, the environ-
ment, critical infrastructure, public health, homeland 
security, national security, and the national econ-
omy. 
(2) Small chemical facilities pose particular 
challenges to Homeland Security because they may 
lack the expertise or resources to register with the 
Department of Homeland Security’s Chemical Facil-
ity Anti-Terrorism Standards (CFATS) program. 
(3) Small chemical facilities such as the fer-
tilizer plant in the town of West Texas destroyed by 
an explosion may not have been fully compliant with 
State and Federal law. 
(4) Small chemical facilities have less physical 
security. 
(5) Chemical facilities that pose such potential 
consequences and that are vulnerable to terrorist at-
tacks must be protected. 
(6) The Secretary of Homeland Security has 
statutory authority under section 550 of the Depart-
ment of Homeland Security Appropriations Act, 
2007 (6 U.S.C. 121 note) to regulate the security 
practices at chemical facilities that are at significant 
risk of being terrorist targets. 
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(7) The Secretary of Homeland Security issued 
interim final regulations entitled the ‘‘Chemical Fa-
cility Anti-Terrorism Standards’’, which became ef-
fective on June 8, 2007. 
(b) PURPOSE.—The purpose of this Act is to modify 
and make permanent the authority of the Secretary of 
Homeland Security to regulate security practices at chem-
ical facilities. 
SEC. 3. EXTENSION, MODIFICATION, AND RECODIFICATION 
OF AUTHORITY OF SECRETARY OF HOME-
LAND SECURITY TO REGULATE SECURITY 
PRACTICES AT CHEMICAL FACILITIES. 
(a) IN GENERAL.—The Homeland Security Act of 
2002 (6 U.S.C. 101 et seq.) is amended by adding at the 
end the following: 
‘‘TITLE XXI—REGULATION OF SE-
CURITY PRACTICES AT CHEM-
ICAL FACILITIES 
‘‘SEC. 2101. DEFINITIONS. 
‘‘In this title: 
‘‘(1) ACADEMIC LABORATORY.—The term ‘aca-
demic laboratory’ means a facility or area owned by 
an institution of higher education (as defined under 
section 101 of the Higher Education Act of 1965 
(20 U.S.C. 1001)) or a nonprofit research institute 
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or teaching hospital that has a formal affiliation 
with an institution of higher education, including 
photo laboratories, art studios, field laboratories, re-
search farms, chemical stockrooms, and preparatory 
laboratories, where relatively small quantities of 
chemicals and other substances, as determined by 
the Secretary, are— 
‘‘(A) used on a nonproduction basis for— 
‘‘(i) teaching; 
‘‘(ii) research; or 
‘‘(iii) diagnostic purposes; and 
‘‘(B) stored and used in containers that 
are typically manipulated by 1 person. 
‘‘(2) CHEMICAL FACILITY.—The term ‘chemical 
facility’ means any facility— 
‘‘(A) at which the owner or operator of the 
facility possesses or plans to possess a sub-
stance of concern; or 
‘‘(B) that meets other risk-related criteria 
identified by the Secretary. 
‘‘(3) CHEMICAL FACILITY SECURITY PERFORM-
ANCE STANDARDS.—The term ‘chemical facility se-
curity performance standards’ means risk-based 
standards established by the Secretary under section 
2103(c). 
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‘‘(4) CHEMICAL
FACILITY
TERRORIST
INCI-
DENT.—The term ‘chemical facility terrorist inci-
dent’ means any act or attempted act of terrorism 
or terrorist incident committed at, near, or against 
a chemical facility, including such an act that in-
volves the intent to cause injury or harm or the 
threat of causing injury or harm— 
‘‘(A) the release of a substance of concern 
from a chemical facility; 
‘‘(B) the theft, misappropriation, or misuse 
of a substance of concern from a chemical facil-
ity; or 
‘‘(C) the sabotage of a chemical facility or 
a substance of concern at a chemical facility. 
‘‘(5) COVERED CHEMICAL FACILITY.—The term 
‘covered chemical facility’ means a chemical facility 
that the Secretary determines meets the criteria 
under section 2102(b)(1). 
‘‘(6) COVERED
INDIVIDUAL.—The term ‘cov-
ered individual’ means a permanent, temporary, full- 
time, or part-time employee of a covered chemical 
facility or an employee of an entity with which the 
covered chemical facility has entered into a contract 
who is performing responsibilities at the covered 
chemical facility pursuant to the contract. 
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‘‘(7) EMPLOYEE REPRESENTATIVE.—The term 
‘employee representative’ means the representative 
of a certified or recognized bargaining agent en-
gaged in a collective bargaining relationship with the 
owner or operator of a chemical facility. 
‘‘(8) ENVIRONMENT.—The term ‘environment’ 
has the meaning given the term in section 101 of the 
Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 9601). 
‘‘(9) METHOD TO REDUCE THE CONSEQUENCES 
OF A TERRORIST ATTACK.—The term ‘method to re-
duce the consequences of a terrorist attack’ means 
a measure used at a chemical facility that reduces 
or eliminates the potential consequences of a chem-
ical facility terrorist incident, including— 
‘‘(A) the elimination or reduction in the 
amount of a substance of concern possessed or 
planned to be possessed by an owner or oper-
ator of a covered chemical facility through the 
use of alternate substances, formulations, or 
processes; 
‘‘(B) the modification of pressures, tem-
peratures, or concentrations of a substance of 
concern; 
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‘‘(C) the reduction or elimination of onsite 
handling of a substance of concern through im-
provement of inventory control or chemical use 
efficiency; 
‘‘(D) increasing the physical security of the 
chemical facility; and 
‘‘(E) registering the chemical facility with 
the CFATS program. 
‘‘(10) OWNER OR OPERATOR.—The term ‘owner 
or operator’ with respect to a facility means— 
‘‘(A) the person who owns the facility; 
‘‘(B) the person who has responsibility for 
daily operation of the facility; and 
‘‘(C) the person who leases the facility. 
‘‘(11) PERSON.—The term ‘person’— 
‘‘(A) means an individual, trust, firm, joint 
stock company, corporation (including a govern-
ment corporation), partnership, association, 
State, municipality, commission, political sub-
division of a State, or interstate body; and 
‘‘(B) includes each department, agency, or 
instrumentality of the United States. 
‘‘(12) PROTECTED INFORMATION.— 
‘‘(A) IN GENERAL.—The term ‘protected 
information’ includes— 
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‘‘(i) security vulnerability assessments 
and site security plans, including any as-
sessment required under section 2111; 
‘‘(ii) portions of the following docu-
ments, records, orders, notices, or letters 
that the Secretary has determined by regu-
lation would be detrimental to chemical fa-
cility security if disclosed and that are de-
veloped 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 review and approval or dis-
approval of a security vulnerability as-
sessment or site security plan under 
this title by the Secretary; 
‘‘(II) documents directly related 
to an inspection or audit under this 
title; 
‘‘(III) an order, notice, commu-
nication, or letter regarding the com-
pliance of a covered chemical facility 
with this title; 
‘‘(IV) information or a document 
or record required to be provided to or 
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created by the Secretary under sub-
section (b) or (c) of section 2102; and 
‘‘(V) a document directly related 
to a security drill or training exercise, 
security threat or breach of security, 
or maintenance, calibration, or testing 
of security equipment; and 
‘‘(iii) any other information, docu-
ment, or record developed exclusively for 
the purposes of this title that the Secretary 
has determined, by rule, would, if dis-
closed, be detrimental to chemical facility 
security. 
‘‘(B) EXCLUSIONS.—The term ‘protected 
information’ does not include— 
‘‘(i) information, other than a security 
vulnerability assessment or site security 
plan, that the Secretary has determined, 
by rule, to be— 
‘‘(I) appropriate to describe com-
pliance by a chemical facility with this 
title and the implementation of this 
title by the Secretary; and 
‘‘(II) not detrimental to chemical 
facility security if disclosed; or 
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‘‘(ii) information, whether or not also 
contained in a security vulnerability assess-
ment, site security plan, or in a document, 
record, order, notice, or letter, or portion 
thereof, described in clause (ii) or (iii) of 
subparagraph (A), that is obtained from 
another source with respect to which the 
Secretary has not made a determination 
under either clause, including— 
‘‘(I) information that is required 
to be made publicly available under 
any other provision of law; and 
‘‘(II) information that a chemical 
facility has lawfully disclosed other 
than in a submission to the Secretary 
under this title. 
‘‘(13) RELEASE.—The term ‘release’ means any 
spilling, 
leaking, 
pumping, 
pouring, 
emitting, 
emptying, discharging, injecting, escaping, leaching, 
dumping, or disposing into the environment (includ-
ing the abandonment or discarding of barrels, con-
tainers, and other closed receptacles containing any 
hazardous substance or pollutant or contaminant). 
‘‘(14) STORAGE.—The term ‘storage’ means 
any location on or off site where chemicals des-
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ignated as risks may be stored that meet standards 
established by the Secretary. 
‘‘(15) DISPOSAL.—The term ‘disposal’ means 
any location on or off-site where chemicals are de-
stroyed, stored with no intent to sale, repurpose, or 
use. 
‘‘(16) DESTRUCTION.—The term ‘destruction’ 
means any process that is intended to render the 
chemical designated as a risk by the Secretary is 
rendered inert or of no further threat as defined by 
the Secretary in consultation with the State where 
the destruction takes place and Federal Environ-
mental Protection Agency rules. 
‘‘(17) 
SECURITY
VULNERABILITY
ASSESS-
MENT.—The term ‘security vulnerability assessment’ 
means 
an 
assessment 
described 
in 
section 
2103(a)(1)(B)(i). 
‘‘(18) SITE SECURITY PLAN.—The term ‘site 
security plan’ means a plan described in section 
2103(a)(1)(B)(ii). 
‘‘(19) SUBSTANCE
OF
CONCERN.—The term 
‘substance of concern’ means a chemical substance 
in quantity and form that is designated by the Sec-
retary under section 2102(a). 
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‘‘SEC. 2102. RISK-BASED DESIGNATION AND RANKING OF 
CHEMICAL FACILITIES. 
‘‘(a) SUBSTANCES OF CONCERN.— 
‘‘(1) DESIGNATION BY THE SECRETARY.—The 
Secretary may— 
‘‘(A) designate any chemical substance as 
a substance of concern; and 
‘‘(B) establish and adjust the threshold 
quantity for each chemical substance designated 
under subparagraph (A). 
‘‘(2) MATTERS FOR CONSIDERATION.—In desig-
nating a chemical substance or establishing or ad-
justing the threshold quantity for a chemical sub-
stance under paragraph (1), the Secretary shall con-
sider the potential extent of death, injury, and seri-
ous adverse effects to human health, the environ-
ment, critical infrastructure, public health, homeland 
security, national security, and the national economy 
that could result from a chemical facility terrorist 
incident involving the chemical substance. 
‘‘(b) LIST OF COVERED CHEMICAL FACILITIES.— 
‘‘(1) CRITERIA FOR LIST OF FACILITIES.—The 
Secretary may designate a chemical facility as a cov-
ered chemical facility if the Secretary determines the 
chemical facility is a sufficient security risk based 
on— 
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‘‘(A) the potential threat or likelihood that 
the chemical facility will be a target of a chem-
ical facility terrorist incident; 
‘‘(B) the potential extent and likelihood of 
death, injury, or serious adverse effects to 
human health, the environment, critical infra-
structure, public health, homeland security, na-
tional security, or the national economy that 
could result from a chemical facility terrorist 
incident at the chemical facility; and 
‘‘(C) the proximity of the chemical facility 
to large population centers. 
‘‘(2) LIST.—The Secretary shall maintain a list 
of covered chemical facilities that the Secretary des-
ignates under subparagraph (A). 
‘‘(3) SUBMISSION OF INFORMATION.—In mak-
ing a determination whether to designate a chemical 
facility as a covered chemical facility under para-
graph (1), the Secretary may require the submission 
of information from an owner or operator of a chem-
ical facility with respect to the quantities of sub-
stances of concern that the owner or operator pos-
sesses or plans to possess. 
‘‘(c) ASSIGNMENT OF COVERED CHEMICAL FACILI-
TIES TO RISK-BASED TIERS.— 
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‘‘(1) ASSIGNMENT.—The Secretary shall assign 
each covered chemical facility to 1 of 4 risk-based 
tiers, as established by the Secretary, with tier 1 
representing the highest degree of risk and tier 4 
representing the lowest degree of risk. 
‘‘(2) PROVISION OF INFORMATION.—The owner 
or operator of a covered chemical facility shall pro-
vide, at the request of the Secretary, any informa-
tion in addition to information required by the Sec-
retary under subsection (b)(3) that may be nec-
essary for the Secretary to assign the chemical facil-
ity to the appropriate tier under paragraph (1). 
‘‘(3) NOTIFICATION.— 
‘‘(A) IN
GENERAL.—Not later than 60 
days after the date on which the Secretary de-
termines that a chemical facility is a covered 
chemical facility or is no longer a covered chem-
ical facility or changes the tier assignment of a 
covered chemical facility under paragraph (1), 
the Secretary shall notify the owner or operator 
of the chemical facility of the determination or 
change. 
‘‘(B) REQUIRED INFORMATION.—A notifi-
cation made by the Secretary under subpara-
graph (A) shall include— 
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‘‘(i) the reason for the determination 
or change described in subparagraph (A); 
and 
‘‘(ii) upon the request of the owner or 
operator of a covered chemical facility— 
‘‘(I) the number of individuals at 
risk of death, injury, or severe adverse 
effects to human health as a result of 
a worst case chemical facility terrorist 
incident at the covered chemical facil-
ity; 
‘‘(II) information relating to why 
the covered chemical facility is consid-
ered critical; and 
‘‘(III) the proximity or inter-
relationship of the covered chemical 
facility to other critical infrastructure. 
‘‘(d) REQUIREMENT FOR REVIEW.—The Secretary— 
‘‘(1) shall periodically review— 
‘‘(A) the designation of a chemical sub-
stance as a substance of concern and the 
threshold quantity for the substance under sub-
section (a)(1); and 
‘‘(B) whether a chemical facility meets the 
criteria under subsection (b)(1); and 
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‘‘(2) may, at any time, determine whether a 
chemical facility is a covered chemical facility or 
change the tier to which the covered chemical facility 
is assigned under subsection (c)(1). 
‘‘(e) PROVISION
OF THREAT-RELATED INFORMA-
TION.—The Secretary shall provide to the owner or oper-
ator or security officer of a covered chemical facility threat 
information relating to probable threats to the covered 
chemical facility and methods that could be used in a 
chemical facility terrorist incident in order to assist the 
owner 
or 
operator 
in 
effectively 
assessing 
the 
vulnerabilities to the covered chemical facility. 
‘‘SEC. 2103. SECURITY VULNERABILITY ASSESSMENTS AND 
SITE SECURITY PLANS. 
‘‘(a) IN GENERAL.— 
‘‘(1) REQUIREMENT.—The Secretary shall— 
‘‘(A) establish standards, protocols, and 
procedures for security vulnerability assess-
ments and site security plans required for cov-
ered chemical facilities under this paragraph; 
‘‘(B) require the owner or operator of each 
covered chemical facility to— 
‘‘(i) conduct and submit to the Sec-
retary an assessment of the vulnerability of 
the covered chemical facility to a range of 
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chemical facility terrorist incidents, includ-
ing an incident that results in a worst-case 
release of a substance of concern; 
‘‘(ii) prepare, implement, and submit 
to the Secretary a site security plan for the 
covered chemical facility that addresses the 
security 
vulnerability 
assessment 
and 
meets the risk-based chemical security per-
formance standards established under sub-
section (c); 
‘‘(iii) in developing the security vul-
nerability assessment and site security 
plan, include participation by— 
‘‘(I) not less than 1 supervisory 
employee of the covered chemical fa-
cility; 
‘‘(II) not less than 1 non-
supervisory employee of the covered 
chemical facility; and 
‘‘(III) not less than 1 employee 
representative from each bargaining 
agent at the covered chemical facility, 
if any; and 
‘‘(iv) include, with the submission of 
the security vulnerability assessment and 
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the site security plan of the covered chem-
ical facility, 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 possible penalties 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 tech-
nical assistance to a covered chemical facility 
conducting a security vulnerability assessment 
or site security plan; 
‘‘(E) establish specific deadlines and re-
quirements for the submission by a covered 
chemical facility of information describing— 
‘‘(i) any change in the use by the cov-
ered chemical facility of more than a 
threshold amount of any substance of con-
cern that may affect the requirements of 
the covered chemical facility under this 
title; or 
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‘‘(ii) any material modification to the 
operations or site of the covered chemical 
facility that may affect the security vulner-
ability assessment or site security plan 
submitted by the covered chemical facility; 
‘‘(F) require the owner or operator of a 
covered chemical facility to review and resubmit 
a security vulnerability assessment or site secu-
rity 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 
vulnerability assessment or site security plan 
under this paragraph— 
‘‘(i) review and approve or disapprove 
the security vulnerability assessment or 
site security plan; and 
‘‘(ii) notify the covered chemical facil-
ity of the approval or disapproval; and 
‘‘(H) establish, as appropriate, modified or 
separate standards, protocols, and procedures 
for security vulnerability assessments and site 
security plans for covered chemical facilities 
that are also academic laboratories. 
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‘‘(2) 
INHERENTLY
GOVERNMENTAL
FUNC-
TION.—The approval or disapproval of a security 
vulnerability assessment or site security plan by the 
Secretary under this section is an inherently govern-
mental function. 
‘‘(b) PARTICIPATION IN PREPARATION OF SECURITY 
VULNERABILITY
ASSESSMENTS
OR
SITE
SECURITY 
PLANS.—Any person selected by the owner or operator of 
a covered chemical facility or by a certified or recognized 
bargaining agent of a covered chemical facility to partici-
pate in the development of the security vulnerability as-
sessment or site security plan for the covered chemical fa-
cility shall be permitted to participate if the person pos-
sesses knowledge, experience, training, or education rel-
evant to the portion of the security vulnerability assess-
ment or site security plan on which the person is partici-
pating. 
‘‘(c) FELLOWSHIPS TO SMALL CHEMICAL FACILITIES 
TO PARTICIPATE IN PREPARATION OF SECURITY VUL-
NERABILITY ASSESSMENTS OR SITE SECURITY PLANS.— 
Any person selected by the owner or operator of a covered 
chemical facility that is designated as a ‘small chemical 
facility’ by the Secretary of Homeland Security that pro-
duces, stores, processes or transports chemicals designated 
as a ‘risk’ by the Secretary, shall qualify for assistance 
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to receive training, technical assistance and logistical sup-
port to meet the requirements set forth by the Secretary 
of a secure facility or other criteria as designated by the 
Secretary. 
‘‘(d) CHEMICAL FACILITY SECURITY PERFORMANCE 
STANDARDS.—The Secretary shall establish risk-based 
performance standards to ensure or enhance the security 
of a covered chemical facility against a chemical facility 
terrorist incident that are designed to address— 
‘‘(1) restricting the area perimeter of the cov-
ered chemical facility; 
‘‘(2) securing site assets; 
‘‘(3) screening and controlling access to the cov-
ered chemical facility and to restricted areas within 
the covered chemical facility by screening or inspect-
ing individuals and vehicles as they enter, includ-
ing— 
‘‘(A) measures to deter the unauthorized 
introduction of dangerous substances and de-
vices that may facilitate a chemical facility ter-
rorist incident or actions having serious nega-
tive consequences for the population sur-
rounding the covered chemical facility; and 
‘‘(B) measures implementing a regularly 
updated identification system that checks the 
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identification of covered chemical facility per-
sonnel and other persons seeking access to the 
covered chemical facility and that discourages 
abuse through established disciplinary meas-
ures; 
‘‘(4) methods to deter, detect, and delay a 
chemical facility terrorist incident, creating sufficient 
time between detection of a chemical facility ter-
rorist incident and the point at which the chemical 
facility terrorist incident becomes successful, includ-
ing measures to— 
‘‘(A) deter vehicles from penetrating the 
perimeter of the covered chemical facility, gain-
ing unauthorized access to restricted areas, or 
otherwise presenting a hazard to potentially 
critical targets; 
‘‘(B) deter chemical facility terrorist inci-
dents through visible, professional, well-main-
tained security measures and systems, includ-
ing— 
‘‘(i) security personnel; 
‘‘(ii) detection systems; 
‘‘(iii) barriers and barricades; and 
‘‘(iv) hardened or reduced value tar-
gets; 
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‘‘(C) detect chemical facility terrorist inci-
dents at early stages through— 
‘‘(i) counter-surveillance at the site of 
the covered chemical facility; 
‘‘(ii) frustration of opportunity to ob-
serve potential targets; 
‘‘(iii) site surveillance and sensing sys-
tems; and 
‘‘(iv) barriers and barricades; and 
‘‘(D) delay a chemical facility terrorist in-
cident for a sufficient period of time so as to 
allow appropriate response through— 
‘‘(i) onsite security response; 
‘‘(ii) barriers and barricades; 
‘‘(iii) hardened targets; and 
‘‘(iv) well-coordinated response plan-
ning; 
‘‘(5) securing and monitoring the shipping, re-
ceipt, and storage of a substance of concern for the 
covered chemical facility; 
‘‘(6) deterring theft or diversion of a substance 
of concern; 
‘‘(7) deterring insider sabotage; 
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EMCDONALD on DSK67QTVN1PROD with BILLS
‘‘(8) deterring cyber sabotage, including by pre-
venting unauthorized onsite or remote access to crit-
ical process controls, including— 
‘‘(A) supervisory control and data acquisi-
tion systems; 
‘‘(B) distributed control systems; 
‘‘(C) process control systems; 
‘‘(D) industrial control systems; 
‘‘(E) critical business systems; and 
‘‘(F) other sensitive computerized systems; 
‘‘(9) developing and conducting exercises of an 
internal emergency plan for owners, operators, and 
covered individuals for a covered chemical facility for 
responding to chemical facility terrorist incidents at 
the covered chemical facility, including providing ap-
propriate information to any local emergency plan-
ning committee, State emergency response commis-
sion, local law enforcement officials, and emergency 
response providers to ensure an effective, collective 
response to terrorist incidents; 
‘‘(10) maintaining effective monitoring, commu-
nications, and warning systems, including— 
‘‘(A) measures designed to ensure that se-
curity systems and equipment are in good work-
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EMCDONALD on DSK67QTVN1PROD with BILLS
ing order and inspected, tested, calibrated, and 
otherwise maintained; 
‘‘(B) measures designed to regularly test 
security systems, note deficiencies, correct for 
detected deficiencies, and record results so that 
the results are available for inspection by the 
Secretary; and 
‘‘(C) measures to allow the chemical facil-
ity to promptly identify and respond to security 
system and equipment failures or malfunctions; 
‘‘(11) ensuring mandatory annual security 
training, exercises, and drills of covered chemical fa-
cility personnel appropriate to their roles, respon-
sibilities, and access to a substance of concern, in-
cluding participation by local law enforcement agen-
cies, and local emergency response providers, and 
appropriate supervisory and non-supervisory facility 
employees and employee representatives, if any; 
‘‘(12) performing personnel surety for individ-
uals with access to restricted areas or critical assets 
by conducting appropriate background checks and 
ensuring appropriate credentials for unescorted visi-
tors and covered chemical facility personnel, includ-
ing permanent and part-time personnel, temporary 
personnel, and contract personnel, including— 
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EMCDONALD on DSK67QTVN1PROD with BILLS
‘‘(A) measures designed to verify and vali-
date identity; 
‘‘(B) measures designed to check criminal 
history; 
‘‘(C) measures designed to verify and vali-
date legal authorization to work; and 
‘‘(D) measures designed to identify individ-
uals with terrorist ties; 
‘‘(13) escalating the level of protective measures 
for periods of elevated threat; 
‘‘(14) specific threats, vulnerabilities, or risks 
identified by the Secretary for the covered chemical 
facility; 
‘‘(15) reporting of significant security incidents 
to the Secretary and to appropriate local law en-
forcement officials; 
‘‘(16) identifying, investigating, reporting, and 
maintaining records of significant security incidents 
and suspicious activities at or near the covered 
chemical facility; 
‘‘(17) establishing 1 or more officials and an or-
ganization responsible for— 
‘‘(A) security; 
‘‘(B) compliance with the standards estab-
lished under this subsection; 
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EMCDONALD on DSK67QTVN1PROD with BILLS
tamination procedures designed to neutralize the 
chemical agents; and 
‘‘(22) any additional security performance 
standards the Secretary may specify. 
‘‘(e) RISK-BASED CHEMICAL SECURITY PERFORM-
ANCE STANDARDS.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish risk-based chemical security performance stand-
ards for the site security plans required to be sub-
mitted by covered chemical facilities under sub-
section (a). 
‘‘(2) REQUIREMENTS.—In establishing the risk- 
based chemical security performance standards 
under paragraph (1), the Secretary shall— 
‘‘(A) require separate and, as appropriate, 
increasingly stringent risk-based chemical secu-
rity performance standards for site security 
plans as the level of risk associated with the 
tier increases; and 
‘‘(B) permit each covered chemical facility 
that submits a site security plan to select a 
combination of security measures that satisfy 
the risk-based chemical security performance 
standards established by the Secretary under 
this subsection. 
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EMCDONALD on DSK67QTVN1PROD with BILLS
‘‘(f) COLLOCATED CHEMICAL FACILITIES.—The Sec-
retary may allow an owner or operator of a covered chem-
ical facility that is located geographically close, as deter-
mined by the Secretary, to another covered chemical facil-
ity to develop and implement coordinated security vulner-
ability assessments and site security plans. 
‘‘(g) ALTERNATE SECURITY PROGRAMS AS COMPO-
NENT OF SECURITY VULNERABILITY ASSESSMENT AND 
SITE SECURITY PLAN.— 
‘‘(1) ACCEPTANCE OF PROGRAM.—At the re-
quest of an owner or operator of a covered chemical 
facility, the Secretary may accept an alternate secu-
rity program submitted by the owner or operator as 
a component of the security vulnerability assessment 
or site security plan required under this section, if 
the Secretary determines that the alternate security 
program, in combination with other components of 
the security vulnerability assessment and site secu-
rity plan submitted by the owner or operator of the 
covered chemical facility— 
‘‘(A) meets the requirements under this 
title and the regulations promulgated under this 
title; 
‘‘(B) provides the level of security that is 
equivalent to the level of security required 
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EMCDONALD on DSK67QTVN1PROD with BILLS
under this title and the regulations promulgated 
under this title; and 
‘‘(C) includes employee participation as re-
quired under subsection (a)(1)(B)(iii). 
‘‘(2) SECRETARIAL REVIEW REQUIRED.—Noth-
ing in this subsection shall relieve the Secretary of 
the obligation to— 
‘‘(A) review a security vulnerability assess-
ment or site security plan submitted by a cov-
ered chemical facility under this section; and 
‘‘(B) approve or disapprove the security 
vulnerability assessment or site security plan on 
an individual basis according to the deadlines 
established under subsection (a). 
‘‘(3) OBLIGATIONS OF COVERED CHEMICAL FA-
CILITY
UNAFFECTED.—Nothing in this subsection 
shall relieve a covered chemical facility of the obliga-
tion and responsibility to comply with any require-
ment under this title. 
‘‘(4) GRANTS OR TECHNICAL ASSISTANCE TO 
SMALL CHEMICAL FACILITIES.—Grants or technical 
assistance to small chemical facilities to comply with 
section 2103. Security Vulnerability Assessments 
and Site Security Plans of the bill. 
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EMCDONALD on DSK67QTVN1PROD with BILLS
‘‘(5) PERSONNEL
SURETY
ALTERNATE
SECU-
RITY PROGRAM.—Upon application from a nonprofit 
personnel surety accrediting organization acting on 
behalf of, and with written authorization from, the 
owner or operator of a covered chemical facility, the 
Secretary may accept a personnel surety alternate 
security program that— 
‘‘(A) meets the requirements of section 
2115; and 
‘‘(B) provides for a background check 
process that is— 
‘‘(i) expedited, affordable, reliable, 
and accurate; 
‘‘(ii) fully protective of the rights of 
covered individuals through procedures 
that are consistent with the privacy protec-
tions available under the Fair Credit Re-
porting Act (15 U.S.C. 1681 et seq.); and 
‘‘(iii) a single background check con-
sistent with a risk-based tiered program. 
‘‘(h) OTHER AUTHORITIES.— 
‘‘(1) REGULATION OF MARITIME FACILITIES.— 
‘‘(A) RISK-BASED TIERING.—The owner or 
operator of a chemical facility required to sub-
mit a facility security plan under section 
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EMCDONALD on DSK67QTVN1PROD with BILLS
70103(c) of title 46, United States Code, shall 
be required to submit information to the Sec-
retary necessary to— 
‘‘(i) determine whether to designate 
the chemical facility as a covered chemical 
facility; and 
‘‘(ii) assign the chemical facility to a 
risk-based tier under section 2102 of this 
title. 
‘‘(B) ADDITIONAL MEASURES.—Subject to 
subparagraph (C), in the case of a facility for 
which a facility security plan is required to be 
submitted under section 70103(c) of title 46, 
United States Code, that is designated as a cov-
ered chemical facility, the Commandant of the 
Coast Guard, after consultation with the Sec-
retary, shall require the owner or operator of 
the facility to update the security vulnerability 
assessments and facility security plans required 
under section 70103(c) of title 46, United 
States Code, if necessary, to ensure a level of 
security for substances of concern that is equiv-
alent to the level of security required by regula-
tions promulgated under this title, including the 
requirements under section 2111, in the same 
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EMCDONALD on DSK67QTVN1PROD with BILLS
manner as other covered chemical facilities in 
this title. 
‘‘(C) PERSONNEL SURETY.— 
‘‘(i) EXCEPTION.—The owner or oper-
ator of a covered chemical facility that has 
a facility security plan approved under sec-
tion 70103(c) of title 46, United States 
Code, shall not be required to update or 
amend the facility security plan in order to 
meet the requirements under section 2115 
of this title. 
‘‘(ii) EQUIVALENT ACCESS.—An indi-
vidual described in section 2115(b)(1)(B) 
who has been granted access to restricted 
areas or critical assets by the owner or op-
erator of a facility for which a facility se-
curity plan is required to be submitted 
under section 70103(c) of title 46, United 
States Code, may be considered by the 
owner or operator to have satisfied the re-
quirement for passing a security back-
ground check required under section 2115 
for purposes of granting the individual ac-
cess to restricted areas or critical assets of 
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EMCDONALD on DSK67QTVN1PROD with BILLS
a covered chemical facility that is owned or 
operated by the same owner or operator. 
‘‘(D) INFORMATION
SHARING
AND
PRO-
TECTION.—Notwithstanding section 70103(d) 
of title 46, United States Code, the Com-
mandant of the Coast Guard, after consultation 
with the Secretary, shall apply the information 
sharing and protection requirements in section 
2110 of this title to a facility described in sub-
paragraph (B). 
‘‘(E) ENFORCEMENT.—The Secretary shall 
establish, by rule, procedures to ensure that an 
owner or operator of a covered chemical facility 
that is required to update the security vulner-
ability assessment and facility security plan for 
the covered chemical facility under subpara-
graph (B) is in compliance with this title. 
‘‘(F) FORMAL
AGREEMENT.—The Sec-
retary shall— 
‘‘(i) require the Office of Infrastruc-
ture Protection and the Coast Guard to 
enter into a formal agreement detailing the 
respective roles and responsibilities of the 
Office of Infrastructure Protection and the 
Coast Guard in carrying out this title, 
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EMCDONALD on DSK67QTVN1PROD with BILLS
which shall ensure that the enforcement 
and compliance requirements under this 
title and section 70103 of title 46, United 
States Code, are not conflicting or duplica-
tive; and 
‘‘(ii) designate the agency responsible 
for enforcing this title with respect to cov-
ered chemical facilities for which facility 
security plans are required to be submitted 
under section 70103(c) of title 46, United 
States Code, consistent with the require-
ments of subparagraphs (B) and (D). 
‘‘(2) COORDINATION
OF
STORAGE
LICENSING 
OR PERMITTING REQUIREMENT.—In the case of any 
storage required to be licensed or permitted under 
chapter 40 of title 18, United States Code, the Sec-
retary shall prescribe the rules and regulations for 
the implementation of this section, with the concur-
rence of the Attorney General, and avoid unneces-
sary duplication of regulatory requirements. 
‘‘(i) ROLE OF EMPLOYEES.— 
‘‘(1) DESCRIPTION OF ROLE REQUIRED.—A site 
security plan for an owner or operator of a covered 
chemical facility shall describe the roles or respon-
sibilities that covered individuals are expected to per-
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EMCDONALD on DSK67QTVN1PROD with BILLS
form to deter or respond to a chemical facility ter-
rorist incident. 
‘‘(2) ANNUAL TRAINING FOR EMPLOYEES.— 
‘‘(A) IN GENERAL.—The owner or operator 
of a covered chemical facility shall annually pro-
vide each covered individual with a role or re-
sponsibility referred to in paragraph (1) at the 
covered chemical facility with not less than 8 
hours of training. 
‘‘(B) REQUIREMENTS.—The training re-
quired under subparagraph (A) shall, as rel-
evant to the role or responsibility of the covered 
individual— 
‘‘(i) include an identification and dis-
cussion of substances of concern; 
‘‘(ii) include a discussion of possible 
consequences of a chemical facility ter-
rorist incident; 
‘‘(iii) review and include exercises of 
the site security plan of the covered chem-
ical facility, including any requirements for 
differing threat levels; 
‘‘(iv) include a review of information 
protection requirements; 
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EMCDONALD on DSK67QTVN1PROD with BILLS
‘‘(v) include a discussion of physical 
and cyber security equipment, systems, 
and methods used to achieve chemical se-
curity performance standards; 
‘‘(vi) allow training with other rel-
evant participants, including Federal em-
ployees, employees of a State or local gov-
ernment, and emergency response pro-
viders, where appropriate; 
‘‘(vii) use national voluntary con-
sensus standards, chosen jointly with em-
ployee representatives, if any; 
‘‘(viii) allow instruction through gov-
ernment training programs, chemical facili-
ties, academic institutions, nonprofit orga-
nizations, industry and private organiza-
tions, employee organizations, and other 
relevant entities that provide such training; 
‘‘(ix) use multiple training media and 
methods; 
‘‘(x) include a discussion of appro-
priate emergency response procedures, in-
cluding procedures to mitigate the effects 
of a chemical facility terrorist incident; and 
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EMCDONALD on DSK67QTVN1PROD with BILLS
‘‘(xi) include review and discussion of 
methods to reduce the consequences of a 
terrorist attack that are applicable to the 
covered chemical facility. 
‘‘(3) EQUIVALENT TRAINING.—An owner or op-
erator of a covered chemical facility may satisfy the 
training requirement described in clause (i), (ii), 
(iii), (iv), (v), or (x) of subparagraph (2)(B) for a 
covered individual with roles or responsibilities under 
paragraph (1) through training that the owner or 
operator certifies is equivalent, in a manner pre-
scribed by the Secretary. 
‘‘(4) WORKER TRAINING GRANT PROGRAM.— 
‘‘(A) AUTHORITY.—The Secretary may 
make grants to, and enter into cooperative 
agreements with, eligible entities to provide for 
the training and education of— 
‘‘(i) covered individuals with roles or 
responsibilities described in paragraph (1); 
and 
‘‘(ii) emergency response providers 
who would respond to a chemical facility 
terrorist incident. 
‘‘(B) ADMINISTRATION.—The Secretary 
shall seek to enter into an agreement with the 
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EMCDONALD on DSK67QTVN1PROD with BILLS
Director of the National Institute for Environ-
mental Health Sciences, or with the head of an-
other Federal or State agency, to make and ad-
minister grants or cooperative agreements 
under this paragraph. 
‘‘(C) USE OF FUNDS.—Amounts provided 
under this paragraph shall be used to provide 
for the training and education of covered indi-
viduals with roles or responsibilities described in 
paragraph (1) and emergency response pro-
viders, including— 
‘‘(i) the annual mandatory training 
specified in paragraph (2); and 
‘‘(ii) other appropriate training to 
protect nearby persons, property, critical 
infrastructure, or the environment from 
the effects of a chemical facility terrorist 
incident. 
‘‘(D) ELIGIBLE ENTITIES.—In this para-
graph, the term ‘eligible entity’ means a non-
profit organization with demonstrated experi-
ence in implementing and operating successful 
health and safety or security training programs 
for employees or emergency response providers. 
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EMCDONALD on DSK67QTVN1PROD with BILLS
‘‘(E) PRESUMPTION OF CONGRESS RELAT-
ING TO COMPETITIVE PROCEDURES.— 
‘‘(i) PRESUMPTION.—It is the pre-
sumption of Congress that grants awarded 
under this paragraph will be awarded 
using competitive procedures based on 
merit. 
‘‘(ii) REPORT TO CONGRESS.—If the 
Secretary awards grants under this para-
graph without using competitive proce-
dures, the Secretary shall submit to Con-
gress a report explaining why competitive 
procedures were not used. 
‘‘(j) STATE, REGIONAL, OR LOCAL GOVERNMENTAL 
ENTITIES.—A covered chemical facility may not be re-
quired under the law of a State or local government to 
provide a security vulnerability assessment or site security 
plan to any entity of a State, regional government, or local 
government entity solely based on the requirement under 
subsection (a) that the covered chemical facility submit a 
security vulnerability assessment or site security plan to 
the Secretary. 
‘‘SEC. 2104. SITE INSPECTIONS. 
‘‘(a) RIGHT OF ENTRY.—For purposes of carrying 
out this title, the Secretary, accompanied by a designated 
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EMCDONALD on DSK67QTVN1PROD with BILLS
local or State official, 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 reasonable and appropriate, conduct security in-
spections and verifications of a covered chemical fa-
cility. 
‘‘(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 
inspection or verification under paragraph (1), the 
Secretary shall have access to the owners, operators, 
employees, and employee representatives, if any, of 
a covered chemical facility. 
‘‘(c) UNANNOUNCED INSPECTIONS.— 
‘‘(1) IN GENERAL.—In addition to any inspec-
tion conducted under subsection (b), the Secretary 
shall conduct unannounced facility inspections of 
covered chemical facilities assigned to tier 1 or tier 
2 under section 2102(c)(1). 
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EMCDONALD on DSK67QTVN1PROD with BILLS
‘‘(i) every 2 years in the case of a cov-
ered chemical facility assigned to tier 1; 
and 
‘‘(ii) every 4 years in the case of a 
covered chemical facility assigned to tier 2. 
‘‘(3) POST-INSPECTION
NOTICE.—After con-
ducting an unannounced inspection of a facility 
under this subsection, the Secretary shall provide 
post-inspection notice to a designated local or State 
office with oversight responsibility for that facility. 
‘‘(d) CHEMICAL FACILITY INSPECTORS AUTHOR-
IZED.—During fiscal years 2015 and 2016, and subject 
to the availability of appropriations, the Secretary shall 
increase by not less than 100 the total number of chemical 
facility inspectors within the Department to ensure com-
pliance with this title. 
‘‘(e) CONFIDENTIAL COMMUNICATIONS.—The Sec-
retary shall offer non-supervisory employees of a covered 
chemical facility the opportunity to confidentially commu-
nicate information relevant to the compliance or non-
compliance of the employer with this title, including com-
pliance or noncompliance with any regulation or require-
ment adopted by the Secretary under this title. 
‘‘(f) RIGHT TO ACCOMPANY DURING PHYSICAL IN-
SPECTION.—If a representative of the owner or operator 
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EMCDONALD on DSK67QTVN1PROD with BILLS
of a covered chemical facility will accompany the Secretary 
on a physical inspection of the covered chemical facility, 
an employee representative of each certified or recognized 
bargaining agent at the covered chemical facility, if any, 
or, if none, a nonsupervisory employee, shall be offered 
the opportunity to accompany the Secretary during the 
physical inspection to aid in the inspection. 
‘‘SEC. 2105. RECORDS. 
‘‘(a) REQUEST FOR RECORDS.—For purposes of car-
rying out this title, the Secretary may require submission 
of, or upon presentation of credentials and at reasonable 
times may obtain access to and copy, any records, includ-
ing any records maintained in electronic format, necessary 
for reviewing or analyzing a security vulnerability assess-
ment, or site security plan submitted under section 2103, 
or for assessing the implementation of a site security plan. 
‘‘(b) PROPER HANDLING OF RECORDS.—The Sec-
retary shall ensure that any records accessed under sub-
section (a) are handled and secured appropriately in ac-
cordance 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 the information in a timely manner, to the max-
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EMCDONALD on DSK67QTVN1PROD with BILLS
imum extent practicable under applicable authority and in 
the interests of national security, to— 
‘‘(1) the owner, operator, or security officer of 
the covered chemical facility; 
‘‘(2) a representative of each recognized or cer-
tified bargaining agent at the covered chemical facil-
ity, if any; and 
‘‘(3) relevant authorities of State or local gov-
ernment, including the State Homeland Security Ad-
visor, if any. 
‘‘(b) RESPONSIBILITIES OF OWNER OR OPERATOR.— 
The Secretary shall require the owner or operator of a 
covered chemical facility to provide to the Secretary in a 
timely manner— 
‘‘(1) information concerning— 
‘‘(A) a threat about any significant secu-
rity incident or threat to the covered chemical 
facility; or 
‘‘(B) any intentional or unauthorized pene-
tration of the physical security or cyber security 
of the covered chemical facility, whether suc-
cessful or unsuccessful; and 
‘‘(2) the local and State office with oversight 
authority over the facility. 
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‘‘SEC. 2107. ENFORCEMENT. 
‘‘(a) REVIEW OF SECURITY VULNERABILITY ASSESS-
MENT AND SITE SECURITY PLAN.— 
‘‘(1) DISAPPROVAL.—The Secretary shall dis-
approve a security vulnerability assessment or site 
security plan submitted under this title if the Sec-
retary determines that— 
‘‘(A) the security vulnerability assessment 
or site security plan does not comply with the 
standards, protocols, or procedures under sec-
tion 2103(a)(1)(A); or 
‘‘(B) in the case of a site security plan— 
‘‘(i) the site security plan or the im-
plementation of the site security plan is in-
sufficient to address vulnerabilities identi-
fied in a security vulnerability assessment, 
site inspection, or unannounced inspection 
of the covered chemical facility; or 
‘‘(ii) the site security plan fails to 
meet all applicable chemical facility secu-
rity performance standards. 
‘‘(2) NOTIFICATION OF DISAPPROVAL.—If the 
Secretary disapproves the security vulnerability as-
sessment or site security plan submitted by a cov-
ered chemical facility under this title or the imple-
mentation of a site security plan by a covered chem-
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EMCDONALD on DSK67QTVN1PROD with BILLS
ical facility, the Secretary shall provide the owner or 
operator of the covered chemical facility a written 
notification of the disapproval not later than 14 days 
after the date on which the Secretary disapproves 
the security vulnerability assessment or site security 
plan, which shall— 
‘‘(A) include a clear explanation of defi-
ciencies in the security vulnerability assessment, 
site security plan, or implementation of the site 
security plan; and 
‘‘(B) require the owner or operator of the 
covered chemical facility to— 
‘‘(i) revise the security vulnerability 
assessment or site security plan to address 
any deficiencies; and 
‘‘(ii) by such date as the Secretary de-
termines is appropriate, submit the revised 
security vulnerability assessment or site se-
curity plan to the Secretary. 
‘‘(b) REMEDIES.— 
‘‘(1) ORDER
FOR
COMPLIANCE.—If the Sec-
retary determines that an 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 security 
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EMCDONALD on DSK67QTVN1PROD with BILLS
vulnerability assessment, site security plan, or imple-
mentation of the site security plan for the covered 
chemical facility by such date as designated by the 
Secretary, the Secretary may— 
‘‘(A) after providing notice to the owner or 
operator and an opportunity, in accordance 
with the regulations issued under this title, for 
the owner or operator to seek review by the De-
partment of the determination of the Secretary, 
issue an order assessing an administrative pen-
alty of not more than $25,000 for each day be-
fore, on, or after the date of the order that the 
violation occurs or for each day after the date 
of the order that a failure to comply continues, 
requiring compliance immediately or within a 
specified 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 before, on, or after the 
date of the order that the violation occurs or for 
each day after the date of the order that a fail-
ure to comply continues, or both. 
‘‘(2) ORDER
TO
CEASE
OPERATIONS.—If the 
Secretary determines that an owner or operator of 
a covered chemical facility continues to be in non-
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EMCDONALD on DSK67QTVN1PROD with BILLS
compliance after an order for compliance is issued 
under paragraph (1), the Secretary may issue an 
order to the owner or operator to cease operations 
at the covered chemical facility until the Secretary 
determines the owner or operator is in compliance. 
‘‘(c) APPLICABILITY
OF
PENALTIES.—A penalty 
under subsection (b)(1) may be imposed for any violation 
of this title, including a violation of the whistleblower pro-
tections under section 2108. 
‘‘SEC. 2108. WHISTLEBLOWER PROTECTIONS. 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish and provide information to the public regarding 
a process by which an individual may submit a re-
port to the Secretary regarding problems, defi-
ciencies, or vulnerabilities at a covered chemical fa-
cility associated with the risk of a chemical facility 
terrorist incident. 
‘‘(2) CONFIDENTIALITY.— 
‘‘(A) IN
GENERAL.—The Secretary shall 
keep confidential the identity of any individual 
who submits a report under this subsection. 
‘‘(B) COMPLIANCE WITH SECTION 2110.—A 
report submitted under this subsection shall be 
treated as protected information under section 
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EMCDONALD on DSK67QTVN1PROD with BILLS
2110 to the extent that the report does not con-
sist of publicly available information. 
‘‘(3) ACKNOWLEDGMENT OF RECEIPT.—If a re-
port submitted under this subsection identifies the 
individual submitting the report, the Secretary shall 
respond promptly to the individual to acknowledge 
receipt of the report. 
‘‘(4) STEPS TO ADDRESS PROBLEMS.—The Sec-
retary shall— 
‘‘(A) review and consider the information 
provided in a report submitted under this sub-
section; and 
‘‘(B) as necessary, take appropriate steps 
under this title to address any problem, defi-
ciency, or vulnerability identified in the report. 
‘‘(b) RETALIATION PROHIBITED.— 
‘‘(1) PROHIBITION.—An owner or operator of a 
covered chemical facility, for-profit or nonprofit cor-
poration, association, or any contractor, subcon-
tractor or agent thereof, may not discharge an em-
ployee or otherwise discriminate against an employee 
with respect to compensation of the employee, terms, 
conditions, or other privileges of employment be-
cause the employee (or any individual acting on be-
half of the employee)— 
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EMCDONALD on DSK67QTVN1PROD with BILLS
‘‘(A) notified the Secretary, the owner or 
operator of a covered chemical facility, or the 
employer of the employee of an alleged violation 
of this title, including notification of such an al-
leged violation through communications related 
to carrying out the job duties of the employee; 
‘‘(B) refused to participate in any conduct 
that the employee reasonably believes is in non-
compliance with a requirement under this title, 
if the employee has identified the alleged non-
compliance 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 a 
proceeding under this title; or 
‘‘(F) assisted or participated, or is about 
to assist or participate, in any manner in a pro-
ceeding under this title or in any other action 
to carry out the purposes of this title. 
‘‘(2) ENFORCEMENT ACTION.— 
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EMCDONALD on DSK67QTVN1PROD with BILLS
‘‘(A) IN GENERAL.—An 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 pro-
cedures, legal burdens of proof, and remedies 
applicable under subsections (d) through (h) of 
section 20109 of title 49, United States Code. 
‘‘(B) DISTRICT COURT REVIEW.—An em-
ployee who brings an action under subpara-
graph (A) may seek review by a district court 
of the United States as set forth in subsection 
(d)(3) of section 20109 of title 49, United 
States Code not later than 90 days after receiv-
ing a written final determination by the Sec-
retary of Labor. 
‘‘(3) PROHIBITED PERSONNEL PRACTICES AF-
FECTING THE DEPARTMENT.— 
‘‘(A) IN GENERAL.—Notwithstanding any 
other provision of law, an 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; 
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EMCDONALD on DSK67QTVN1PROD with BILLS
‘‘(ii) any provision of law imple-
menting paragraph (1), (8), or (9) of sec-
tion 2302(b) of title 5, United States 
Code, by providing any right or remedy 
available to an employee or applicant for 
employment in the civil service; and 
‘‘(iii) any rule or regulation prescribed 
under paragraph (1), (8), or (9) of section 
2302(b) of title 5, United States Code. 
‘‘(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 subparagraph (A) 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 unit of local government to adopt or enforce any 
regulation, requirement, or standard of performance with 
respect to a covered chemical facility that is more strin-
gent than a regulation, requirement, or standard of per-
formance issued under this title, or otherwise impair any 
right or jurisdiction of any State or unit of local govern-
ment with respect to covered chemical facilities within the 
State or unit of local government. 
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EMCDONALD on DSK67QTVN1PROD with BILLS
‘‘SEC. 2110. PROTECTION OF INFORMATION. 
‘‘(a) PROHIBITION OF PUBLIC DISCLOSURE OF PRO-
TECTED INFORMATION.—Protected information— 
‘‘(1) shall be exempt from disclosure under sec-
tion 552 of title 5, United States Code; and 
‘‘(2) shall not be made available under the law 
of any State or local government 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. 
‘‘(2) SHARING OF PROTECTED INFORMATION.— 
‘‘(A) IN GENERAL.—The regulations pre-
scribed under paragraph (1) shall provide 
standards for and facilitate the appropriate 
sharing of protected information with and be-
tween— 
‘‘(i) Federal agencies and agencies of 
State and local governments; 
‘‘(ii) emergency response providers; 
‘‘(iii) law enforcement officials; 
‘‘(iv) designated supervisory and non-
supervisory covered chemical facility per-
sonnel with security, operational, or fidu-
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EMCDONALD on DSK67QTVN1PROD with BILLS
ciary responsibility for the covered chem-
ical facility; and 
‘‘(v) designated employee representa-
tives for a covered chemical facility, if any. 
‘‘(B) REQUIREMENTS.—The standards re-
quired to be established under subparagraph 
(A) shall include procedures for the sharing of 
all portions of a security vulnerability assess-
ment or site security plan of a covered chemical 
facility relating to the roles and responsibilities 
of covered individuals under section 2103(h)(1) 
with a representative of each certified or recog-
nized bargaining agent representing the covered 
individuals, if any, or, if none, with not less 
than 1 supervisory and not less than 1 non-su-
pervisory employee with roles or responsibilities 
under section 2103(h)(1). 
‘‘(C) PENALTIES.— 
‘‘(i) IN
GENERAL.—Protected infor-
mation shall not be shared except in ac-
cordance with the standards provided by 
the regulations prescribed under paragraph 
(1). 
‘‘(ii) KNOWING VIOLATION.—Any per-
son that discloses protected information in 
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EMCDONALD on DSK67QTVN1PROD with BILLS
knowing violation of the regulations issued 
under paragraph (1) shall— 
‘‘(I) be fined under title 18, 
United States Code, imprisoned for 
not more than 1 year, or both; and 
‘‘(II) in the case of a Federal of-
ficeholder or employee, removed from 
Federal office or employment. 
‘‘(c) TREATMENT OF INFORMATION IN ADJUDICA-
TIVE PROCEEDINGS.—In any judicial or administrative 
proceeding, protected information shall be treated in a 
manner consistent with the treatment 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(i), 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— 
‘‘(1) employees of the chemical facility; 
‘‘(2) employee organizations; 
‘‘(3) health professionals; 
‘‘(4) emergency response organizations; or 
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EMCDONALD on DSK67QTVN1PROD with BILLS
‘‘(5) the Federal Government or a State 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 agency or agency of a 
State or local government to protect or disclose any record 
or information that the agency obtains from a chemical 
facility under any other law. 
‘‘SEC. 2111. METHODS TO REDUCE THE CONSEQUENCES OF 
A TERRORIST ATTACK. 
‘‘(a) DEFINITION.—In this section, the term ‘feasible’ 
means feasible with the use of best technology, techniques, 
and other means that the Secretary finds, after examina-
tion for efficacy under operational conditions and not sole-
ly under laboratory conditions, are available for use at a 
covered chemical facility. 
‘‘(b) ASSESSMENT REQUIRED.—The site security 
plan for a covered chemical facility shall include an assess-
ment of methods to reduce the consequences of a terrorist 
attack on the covered chemical facility, including— 
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EMCDONALD on DSK67QTVN1PROD with BILLS
‘‘(1) a description of the methods to reduce the 
consequences of a terrorist attack implemented and 
considered for implementation by the covered chem-
ical facility; 
‘‘(2) the degree to which each method to reduce 
the consequences of a terrorist attack, if already im-
plemented, has reduced, or, if implemented, could re-
duce, the potential extent of death, injury, or serious 
adverse effects to human health resulting from a re-
lease of a substance of concern; 
‘‘(3) the technical feasibility, costs, avoided 
costs (including liabilities), personnel implications, 
savings, and applicability of implementing each 
method to reduce the consequences of a terrorist at-
tack; 
‘‘(4) any other information that the owner or 
operator of the covered chemical facility considered 
in conducting the assessment; 
‘‘(5) the design of computing systems and de-
velopment of plans, exercises, and drills to re-engage 
computing systems used in the processing, transport, 
storage of chemicals that are designed as a ‘‘risk’’ 
by the Secretary using protocols for trusted recovery 
under the worse case conditions; and 
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EMCDONALD on DSK67QTVN1PROD with BILLS
‘‘(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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EMCDONALD on DSK67QTVN1PROD with BILLS
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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EMCDONALD on DSK67QTVN1PROD with BILLS
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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EMCDONALD on DSK67QTVN1PROD with BILLS
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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EMCDONALD on DSK67QTVN1PROD with BILLS
‘‘(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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EMCDONALD on DSK67QTVN1PROD with BILLS
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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EMCDONALD on DSK67QTVN1PROD with BILLS
‘‘(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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EMCDONALD on DSK67QTVN1PROD with BILLS
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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EMCDONALD on DSK67QTVN1PROD with BILLS
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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EMCDONALD on DSK67QTVN1PROD with BILLS
‘‘(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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EMCDONALD on DSK67QTVN1PROD with BILLS
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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EMCDONALD on DSK67QTVN1PROD with BILLS
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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EMCDONALD on DSK67QTVN1PROD with BILLS
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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EMCDONALD on DSK67QTVN1PROD with BILLS
‘‘(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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EMCDONALD on DSK67QTVN1PROD with BILLS
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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EMCDONALD on DSK67QTVN1PROD with BILLS
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. 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; 
‘‘(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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EMCDONALD on DSK67QTVN1PROD with BILLS
‘‘(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. 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— 
‘‘(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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EMCDONALD on DSK67QTVN1PROD with BILLS
‘‘(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. 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— 
‘‘(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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EMCDONALD on DSK67QTVN1PROD with BILLS
‘‘(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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EMCDONALD on DSK67QTVN1PROD with BILLS
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. 2115. 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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EMCDONALD on DSK67QTVN1PROD with BILLS
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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EMCDONALD on DSK67QTVN1PROD with BILLS
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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EMCDONALD on DSK67QTVN1PROD with BILLS
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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EMCDONALD on DSK67QTVN1PROD with BILLS
‘‘(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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EMCDONALD on DSK67QTVN1PROD with BILLS
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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EMCDONALD on DSK67QTVN1PROD with BILLS
‘‘(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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EMCDONALD on DSK67QTVN1PROD with BILLS
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. 2116. 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 
non-discretionary 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. 2117. 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. 2118. 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. 2119. 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. 2120. 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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105 
‘‘(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. 2121. 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 XXI—REGULATION OF SECURITY PRACTICES AT 
CHEMICAL FACILITIES 
‘‘Sec. 2101. Definitions. 
‘‘Sec. 2102. Risk-based designation and ranking of covered chemical facilities. 
‘‘Sec. 2103. Security vulnerability assessments and site security plans. 
‘‘Sec. 2104. Site inspections. 
‘‘Sec. 2105. Records. 
‘‘Sec. 2106. Timely sharing of threat information. 
‘‘Sec. 2107. Enforcement. 
‘‘Sec. 2108. Whistleblower protections. 
‘‘Sec. 2109. Federal preemption. 
‘‘Sec. 2110. Protection of information. 
‘‘Sec. 2111. Methods to reduce the consequences of a terrorist attack. 
‘‘Sec. 2112. Applicability. 
‘‘Sec. 2113. Savings clause. 
‘‘Sec. 2114. Office of Chemical Facility Security. 
‘‘Sec. 2115. Security background checks of covered individuals at certain chem-
ical facilities. 
‘‘Sec. 2116. Citizen enforcement. 
‘‘Sec. 2117. Citizen petitions. 
‘‘Sec. 2118. Notification system to address public concerns. 
‘‘Sec. 2119. Emergency response capacity study. 
‘‘Sec. 2120. Annual report to Congress. 
‘‘Sec. 2121. Authorization of appropriations.’’. 
(c) CONFORMING REPEAL.— 
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107 
(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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108 
Agency, and other persons, as appropriate, regard-
ing— 
(A) the designation of substances of con-
cern; 
(B) methods to reduce the consequences of 
a terrorist attack; 
(C) security at drinking water facilities 
and wastewater treatment works; 
(D) the treatment of protected informa-
tion; and 
(E) any other matters the Secretary deter-
mines necessary. 
(3) SENSE OF CONGRESS REGARDING CFATS.— 
It is the sense of Congress that— 
(A) the Secretary of Homeland Security 
was granted statutory authority under section 
550 of the Department of Homeland Security 
Appropriations Act, 2007 (6 U.S.C. 121 note) 
to regulate security practices at chemical facili-
ties until October 1, 2009; and 
(B) under section 550 of the Department 
of Homeland Security Appropriations Act, 2007 
(6 U.S.C. 121 note), the Secretary prescribed 
regulations known as the Chemical Facility 
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109 
Anti-Terrorism Standards (referred to in this 
section as ‘‘CFATS regulations’’). 
(4) 
INTERIM
USE
AND
AMENDMENT
OF 
CFATS.—Until the final rules issued under para-
graph (1) take effect, in carrying out title XXI of 
the Homeland Security Act of 2002, as added by 
subsection (a), the Secretary may, to the extent the 
Secretary determines appropriate— 
(A) continue to carry out the CFATS reg-
ulations, as in effect on the day before the date 
of enactment of this Act; 
(B) amend the CFATS regulations as may 
be necessary to ensure that the CFATS regula-
tions are consistent with this Act and the 
amendments made by this Act; and 
(C) continue using any tools developed for 
purposes of the CFATS regulations, including 
the list of substances of concern, usually re-
ferred to as ‘‘Appendix A’’, and the chemical se-
curity assessment tool (which includes facility 
registration, a top-screen questionnaire, a secu-
rity vulnerability assessment tool, a site security 
plan template, and a chemical vulnerability in-
formation repository). 
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110 
(5) UPDATE OF FACILITY PLANS ASSESSMENTS 
AND PLANS PREPARED UNDER CFATS.—The owner 
or operator of a covered chemical facility that, before 
the effective date of the final regulations issued 
under paragraph (1), submits a security vulner-
ability assessment or site security plan under the 
CFATS regulations, shall be required to update or 
amend the security vulnerability assessment and site 
security plan of the facility to reflect any additional 
requirements under this Act or the amendments 
made by this Act, according to a timeline established 
by the Secretary. 
(e) 
REVIEW
OF
DESIGNATION
OF
SODIUM 
FLUOROACETATE AS A SUBSTANCE OF CONCERN.—The 
Secretary of Homeland Security shall review the designa-
tion of sodium fluoroacetate as a substance of concern 
under section 2102(d) of the Homeland Security Act of 
2002, as added by subsection (a), by the earlier of— 
(1) the date of the first periodic review con-
ducted under section 2102(d) of the Homeland Se-
curity Act of 2002; and 
(2) the date that is 1 year after the date of en-
actment of this Act. 
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111 
SEC. 4. LIMITATION ON USE OF FUNDS TO APPROVE NON-
CONFORMING SITE SECURITY PLANS. 
(a) LIMITATION.—No Federal funds may be used by 
the Secretary of Homeland Security to approve a site secu-
rity plan for a chemical facility unless the facility meets 
or exceeds security standards and requirements to protect 
the facility against acts of terrorism established for such 
a facility by the State or local government for the area 
where the facility is located. 
(b) DEFINITIONS.—In this subsection, each of the 
terms ‘‘site security plan’’ and ‘‘chemical facility’’ has the 
meaning that the term has in section 550 of the Depart-
ment of Homeland Security Appropriations Act, 2007 
(Public Law 109–295; Stat. 1388), as in effect imme-
diately before the enactment of this Act. 
Æ 
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